Temporary uses are characterized by their short-term or seasonal nature and by the fact that permanent improvements are not made to the site. For the purposes of this chapter, temporary uses include mobile food vendors such as food trucks or trailers and seasonal sales such as tree sales, produce stands and similar seasonal goods. Fireworks stands are not regulated under this chapter; see Chapter 18.10 LMC. This chapter is applicable to the zoning districts where temporary uses are allowed.
(Ord. 3139 § 1, 2010; Ord. 3171 § 2, 2011; Ord. 3291 § 2, 2015; Ord. 3442 § 3, 2021)
Food Trucks Located on Private Property (e.g., Parking Lot). Food trucks and mobile food vendors may be located on private property, subject to site plan review and any permit conditions. Long-term or problem displacement of required on-site parking may require mitigating measures or may be cause for denial of the selected location. A mobile food vendor may be approved for multiple locations but must apply for a temporary use permit for each site. Permanent situation on private property is not permitted under a temporary use permit. The mobile food vendor must leave the site daily or as approved under conditions of the temporary use permit. Food vendor temporary uses are permitted in the NC, GC, CBD, O/C, D-C, RC, MU C/I, LI-A, LI-B and RF-1 zoning districts.
(Ord. 3442 § 3, 2021)
These types of uses occur only during the local growing season or during the time leading up to the celebration such as tree sales for celebrations in November and December, pumpkin sales for celebrations in October or November, flower sales for Mother's Day in May and produce stands during growing seasons between April 1st and November 1st. The use shall not occur at any one site more than 90 days in any one calendar year, except produce stands, which may operate the entire time from April 1st to November 1st. No more than one temporary use can be at a site at one time. For the purpose of this chapter, a community farmers' market that is a contractor under the Farmers' Market Nutrition Program per Chapter 246-780 WAC is recognized as one use. Otherwise, any one vendor represents one use. Seasonal sales temporary uses are permitted in the NC, GC, CBD, O/C, D-C, RC and RF-1 zoning districts.
(Ord. 3442 § 3, 2021)
The city's community development director or designee ("director") shall approve, approve with conditions or deny a temporary use permit based on findings that all of the criteria are satisfied as follows:
(1) 
The use is permitted in the underlying land use district and does not violate any conditions of approval for the property (e.g., prior development permit approval);
(2) 
The applicant has proof of the property owner's permission to place the use on the property;
(3) 
No parking will be utilized by customers and employees of the temporary use which is needed by the property owner to meet their minimum parking requirement under Chapter 19.78 LMC, Off-Street Parking and Loading, unless otherwise approved by the director;
(4) 
The use provides adequate vision clearance and shall not obstruct pedestrian access on public streets;
(5) 
Ingress and egress are safe and adequate when combined with the other uses of the property;
(6) 
The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use;
(7) 
The temporary use shall not be on public right-of-way;
(8) 
The temporary use must conform to setbacks of the zone where it is located;
(9) 
No temporary use shall utilize any handicap parking stalls; and
(10) 
Only one on-site temporary nonilluminated sign (e.g., sandwich board or A-frame sign) is allowed per street frontage. The temporary sign(s) size shall have no more than two faces with each face no larger than 12 square feet in size. The sign(s) must be completely removed from street and neighboring properties' view during off hours and out-of-season times. No off-site signs are allowed and the temporary sign(s) shall not be placed on street rights-of-way. In addition, banners, advertising flags, streamers or clusters of pennants, balloons and other temporary signage placed outside are prohibited.
(Ord. 3139 § 1, 2010; Ord. 3171 § 2, 2011; Ord. 3442 § 3, 2021)