The purpose of this chapter is to provide an administrative approval process whereby the city may permit uses to locate within the city on an interim basis without requiring full compliance with the development standards for the applicable zoning district, or by which the city may allow seasonal or transient uses not otherwise permitted. Examples which may qualify include seasonal markets, mobile food vendors, contractors' offices for activities within the city, construction site activities, the temporary use of a recreational vehicle as a dwelling and emergency responses.
(Ord. 2050 § 1 (Exh. A), 2021)
A. 
Prior to the establishment of any temporary use as permitted and regulated under the provisions of this chapter, there shall be a permit for such temporary use issued by the director, except when not required pursuant to PMC § 16.10.030. The application for a temporary use permit shall be submitted on forms obtained from the director, and shall be acknowledged by the property owner. The application shall contain all of the information required by the director.
B. 
Who May Apply. The property owner or the owner's agent may apply for a temporary use permit on private property. Any person may apply for a temporary use permit within a public right-of-way or public property.
C. 
Temporary use permits are administrative type permits. See PMC § 16.10.060.
(Ord. 2050 § 1 (Exh. A), 2021)
The director shall verify that the application is consistent with the requirements of this chapter, and that the application contains proof of a city business license, if applicable.
A. 
The application form shall establish the submittal requirements, which shall include a site plan.
B. 
Temporary permits shall not be issued unless the director finds that, based on the duration of the permit and conditions imposed:
1. 
Implementation of neither the comprehensive plan nor the purposes of these development regulations will suffer. The temporary permit will not be injurious to the uses of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located;
2. 
The public health, safety, and general welfare will not suffer;
3. 
The temporary use or construction activity conforms to these development regulations so far as possible consistent with the need for a temporary permit;
4. 
The establishment of the temporary permit will not impede the normal and orderly development and improvement of the surrounding property; and
5. 
Adequate facilities, access roads, drainage and/or necessary services will be provided by the applicant.
C. 
A construction office for which a temporary permit has been granted shall not also require a building permit, provided it has the Washington State Department of Labor and Industries black label. (Black label construction offices are not intended for visitation by the general public.)
D. 
PMC § 20.84.260 shall govern temporary signs.
E. 
All temporary retail stands shall be subject to the following requirements:
1. 
No such stand shall be located within five feet of any side property line, neither within 10 feet of any permanent building, nor within 50 feet of any gasoline pump, oil storage tanks, or premises where flammable liquids are kept.
2. 
All temporary stands shall be constructed so as not to constitute a danger, hazard or threat to public safety.
F. 
Temporary motor vehicle parking areas shall be improved with a durable, dustless surface in accordance with the standards of the engineer. Temporary uses or stands within, or adjacent to, existing improved parking areas (which already serve existing on-site uses) which, by their placement, occupy designated stalls shall not cause the number of available parking spaces for said existing on-site uses to fall below that minimal parking amount required by this code during normal business hours.
G. 
Mobile food vendors shall comply with all requirements of the applicable health and fire codes.
H. 
Mobile food vendors shall also comply with the requirements of Chapter 5.36 PMC.
(Ord. 2050 § 1 (Exh. A), 2021)
The following activities are exempt from the permit requirements of this chapter, but shall otherwise comply with the substantive requirements of this chapter, unless specifically noted otherwise:
A. 
Contractors' offices, model homes, on- and off-site contractors' construction yards and other temporary structures in conjunction with an approved development and/or building permit;
B. 
Garage and yard sales; and
C. 
City-sponsored uses and activities not occurring within a structure and occurring at regular periodic intervals.
(Ord. 2050 § 1 (Exh. A), 2021)
A. 
Except for mobile food vendors, a temporary use is valid for up to 45 calendar days from the effective date of the permit; however, the director in his sole discretion may establish a shorter time frame. The director may grant one extension, not to exceed 30 days, upon the applicant showing compliance with all conditions of permit approval. Temporary uses of less than 24 hours in duration on any site are exempt from and do not apply towards the time limitations of this section.
B. 
The duration of a temporary permit for manufactured mobile offices shall be for a period of one year; however, the director may renew a temporary permit for additional one-year extensions subject to applicant's compliance with this code, such compliance to be reviewed annually.
C. 
One year for a recreational vehicle on a single-family lot meeting the requirements of PMC § 20.90.020.
D. 
One 12-month extension may be granted by the director based on demonstration of continuing hardship and documented good faith efforts to complete construction.
(Ord. 2050 § 1 (Exh. A), 2021)
A property owner or other holder of a temporary use permit may not file an application for a successive temporary use permit for 60 days following the expiration of an approved permit applying to that property.
(Ord. 2050 § 1 (Exh. A), 2021)
A. 
The director shall establish, as a condition of each temporary use permit, a time within which the use and all physical evidence of the use must be removed.
B. 
If the applicant has not removed the use as required by the temporary use permit, the city may abate the use as provided in PMC § 16.100.090. In addition, at its option, the city may enforce this chapter in accordance with Chapter 16.130 PMC.
(Ord. 2050 § 1 (Exh. A), 2021)
Prior to the approval of a temporary use permit, the applicant shall submit to the director an irrevocable, signed and notarized statement by the property owner, granting the city permission to summarily enter the applicant's property with reasonable notice and abate the temporary use, and all physical evidence of that use, if it has not been removed as required by the terms of the permit. The statement shall also indicate that the applicant will reimburse the city for any expenses incurred in abating a temporary use under the authority of this chapter.
(Ord. 2050 § 1 (Exh. A), 2021)
In appropriate circumstances, the director may require a reasonable performance of maintenance assurance device, in a form acceptable to the city attorney, to assure compliance with the provisions of this title and the temporary use permit as approved.
(Ord. 2050 § 1 (Exh. A), 2021)
A. 
In recognition of the need for temporary housing for homeless persons, the purpose of this section is to allow sponsoring religious, nonprofit, and public organizations, or their designated managing agency (sponsoring organizations), to use property owned or controlled by them to establish indoor and outdoor temporary homeless shelters (shelters), while preventing harmful effects associated with such uses, including but not limited to the possibility of impediments to emergency services, the possibility of environmental degradation, the use of improper sanitary facilities, and the possibility of any other factors that would be considered a nuisance under applicable laws. An outdoor shelter shall include all land and buildings that are used for the shelter, and an indoor shelter shall include all buildings and outdoor areas that are used for the shelter (shelter site).
B. 
Shelters may be permitted in nonresidential zoning districts and on property owned or controlled by sponsoring organizations in residential zoning districts. Shelters may be established on property or in buildings meeting current federal, state, and local codes for building, safety, and fire. Shelter sites unable to meet current code criteria, including those in the state building code, shall be permitted in accordance with RCW 19.27.042 and WAC 51-16-030 by satisfying the standards of this section. Shelters established pursuant to this section meet the requirements of indigent housing under RCW 19.27.042 and WAC 51-16-030.
C. 
Shelters may be permitted in accordance with the following temporary permit procedures, requirements, and standards, which shall apply instead of PMC § 16.100.020 through § 16.100.100; provided, that PMC § 16.100.010 and § 16.100.015 shall apply to shelters:
1. 
The director is authorized to issue temporary use permits for shelters only upon demonstration by the sponsoring organization that all public health and safety requirements of this section have been satisfied or adequately addressed. The director may administratively modify such requirements upon entry of findings and conclusions to support the modification. The director may terminate a permit upon a determination that the shelter is unfit for human habitation due to safety concerns, bad sanitary conditions or health-related concerns, or disorderly and disorganized activities that adversely impact the safety, health, and welfare of the neighborhood adjacent to the shelter site.
2. 
An application for a shelter shall include the following:
a. 
The dates of the start and termination of the shelter;
b. 
The maximum number of residents proposed;
c. 
The location, including parcel number(s) and address(es), of the proposed shelter site;
d. 
The name(s) of the sponsoring organization(s) and any associated managing agency;
e. 
A proposed plan regarding self-management;
f. 
A site plan, which shall show the following:
i. 
Shelter site property lines and dimensions;
ii. 
Location and type of fencing/screening;
iii. 
Location of supporting structures (administrative, security, kitchen, and dining areas);
iv. 
Method of providing and location of potable water;
v. 
Method of providing and location of waste receptacles;
vi. 
Location of sanitary stations, including latrines, showers, and hygiene and handwashing stations;
vii. 
Location of vehicular access and parking;
viii. 
Location of dwellings for each person;
ix. 
Entry/exit points;
x. 
Internal pathways and access routes for emergency services; and
xi. 
Demonstrate compliance with all safety and health requirements of this section, as applicable;
g. 
A transportation plan, which shall detail the plan for the pick-up and delivery of residents, if any, and include the walking routes from nearby transit stops to the shelter, and provisions for public transit tickets for residents, if any; and
h. 
A code of conduct, which shall at a minimum:
i. 
Require residents to agree to the code prior to being allowed entry for dwelling, which agreement shall operate as an ongoing commitment by the resident to abide by the terms thereof;
ii. 
Prohibit drugs, alcohol, weapons, open flames, and violent behavior in the shelter site and surrounding area; and
iii. 
Establish and require observance of quiet hours.
3. 
A shelter shall be established in accordance with the following health and safety standards:
a. 
No more than 50 residents shall be allowed per shelter site. The director may reduce the maximum number of residents due to property and shelter conditions or other considerations.
b. 
Outdoor shelters must have a total site area of at least 150 square feet per resident.
c. 
Outdoor sleeping facilities, including tents, must be at least six feet apart.
d. 
Shelters may be in operation for a maximum of 125 consecutive days.
e. 
Outdoor shelters shall be located a minimum of 20 feet from the property line of abutting properties containing commercial, industrial, professional office, or multifamily residential uses. Outdoor shelters shall be located a minimum of 40 feet from the property line of abutting properties containing single-family residential or public recreational uses, unless the director finds that a reduced buffer width will provide adequate separation between the shelter and adjoining uses, due to changes in elevation, landscaping, intervening buildings, or other physical characteristics of the site.
f. 
Outdoor shelters must be enclosed on all sides with a minimum six-foot-tall, sight-obscuring fence. The fencing shall not create a sight obstruction or nuisance at the street or street intersections or curbs as determined by the city engineer; provided, no such fencing is required if the director determines that there is sufficient vegetation, topographical variation, or other site conditions such that fencing would not be needed.
g. 
Permanent structures are prohibited from being constructed within the shelter site. Existing permanent structures may be used for sheltering or service provision.
h. 
Sponsoring organizations must have an established point of contact for the city, the Pacific police department, and other emergency services on call at all times. Sponsoring organizations shall provide a list of names and contact information of such points of contact, and their on-call schedules, to the director. At least one on-call point of contact must be stationed at each entry/exit point of the shelter site at all times.
i. 
Minors under the age of 18 are prohibited from staying overnight at shelters, unless they are accompanied by a parent or guardian.
j. 
Each potential resident shall be prescreened by the sponsoring organization for sex offender status. Sponsoring organizations shall not admit into the shelter any person who is required by law to register as a sex offender, and shall immediately notify the Pacific police department if a person is rejected or ejected from the shelter by sex offender status.
k. 
The following facilities and provisions must be made available at the shelter site and must comply with all federal, state, and local rules and regulations:
i. 
Potable water that is safe for drinking and cooking;
ii. 
Sanitary toilets in a number that is reasonably proportional to the maximum number of residents. Provisions must be made for the removal of waste from portable sanitary toilets;
iii. 
Handwashing stations with warm water, soap, paper towels, and covered waste receptacles in close proximity to the toilets;
iv. 
Shower facilities with provisions for a reasonable amount of privacy and in a number that is reasonably proportional to the maximum number of residents;
v. 
At least one food preparation area with refrigeration, sinks, and cooking equipment. If food is prepared on site, adequate dishwashing facilities must also be provided. The sponsoring organization shall ensure all health and safety laws, regulations, and guidelines are followed with regard to food handling, preparation, and storage; and
vi. 
Waste management, including regularly scheduled collection and dumping of shelter site solid waste, shall be provided for by the sponsoring organization. The sponsoring organization shall ensure that solid waste from the shelter site is regularly collected by local utilities.
l. 
Sponsoring organizations must allow inspections of the shelter site by city, county, or state officials at any reasonable time without notice.
m. 
There must be a minimum of two off-street parking spaces per 25 residents, except for an indoor shelter with a fluctuating number of residents, which shall require a minimum of four off-street parking spaces. The parking spaces serving the shelter site shall not displace any required parking for the principal/existing use on the shelter site property.
n. 
No smoking shall be allowed in sleeping or food preparation areas. Smoking must be restricted to a designated smoking area, which must be a minimum of 25 feet from adjacent properties.
o. 
No shelter shall be located within a critical area or its buffer as defined by PMC Title 23.
p. 
Exterior lighting for outdoor shelters must be directed downward and glare contained within the shelter site.
q. 
A power supply to the shelter is required, although properly permitted and installed construction site type electrical boxes shall be acceptable.
r. 
If a temporary structure is used instead of a tent for outdoor shelter dwelling, then the structure shall have a door and at least one egress window plus a smoke detector.
s. 
Only wired electrical heating approved by the director shall be allowed at an outdoor shelter site. Open fires are strictly prohibited in outdoor and indoor shelters.
t. 
Tents over 300 square feet in size and canopies in excess of 400 square feet shall utilize flame retardant materials.
u. 
An adequate number and appropriate rating of fire extinguishers shall be provided for both indoor and outdoor shelters as required by the city.
v. 
Smoke and carbon monoxide alarms shall be provided in each room used for sleeping accommodations in indoor shelters.
4. 
The sponsoring organization shall meet the following public meeting and notice requirements:
a. 
A minimum of 30 days before submittal of the application, mail a notice by first class mail to owners, residents, and tenants of all property located within 1,000 feet of the proposed shelter site. The notice at a minimum shall inform these persons of the proposed duration and operation of the shelter, the applicable standards and requirements of this section, and the provisions of the proposed code of conduct. At least two business days before mailing the notice, the sponsoring organization shall submit a copy of the draft notice to the director, who may provide comments.
b. 
Hold an informational meeting before the director's decision on the application. A maximum of seven calendar days after submittal of the application, the sponsoring organization shall mail notice by first class mail to owners, residents, and tenants of all property located within 1,000 feet of the proposed shelter site, advising them of the date, time, and location of a public informational meeting regarding the application and proposed shelter. At least two business days before mailing the notice, the sponsoring organization shall submit a copy of the draft notice to the director. At the meeting, the sponsoring organization shall inform the attendees of the proposed duration and operation of the shelter, conditions that will likely be placed on the operation of the shelter, and provisions of the code of conduct, and shall answer questions regarding the proposed shelter.
5. 
After receiving a completed application for a shelter from the sponsoring organization, the city shall comply with the following notice and procedural requirements:
a. 
Final action on the application shall be rendered within 45 calendar days of submittal.
b. 
A notice of the decision, stating whether the permit is granted or denied, along with information regarding the procedure for appeal of the decision, shall be mailed and posted as provided in PMC § 16.30.030(D) within three business days after the date of the decision.
6. 
Because each shelter proposal has unique characteristics, including, but not limited to, size, duration, uses, number of occupants, and composition, the director shall have the authority to impose conditions on approval to ensure that the proposal meets the requirements of this section. Conditions, if imposed, must be intended to minimize nuisance-generating features in matters of noise, waste, air quality, traffic, physical hazards and other similar impacts that the shelter may have on the surrounding area and/or to ensure the health, safety, and welfare of the residents of the shelter. In cases where the application does not meet the requirements of this section, except when modified under this section, or adequate mitigation may not be feasible or possible, the director shall deny the application.
7. 
The director may approve an application under this section that relaxes one or more of the standards of this section only when, in addition to satisfying the decision criteria of this section, the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe shelter with minimal negative impacts to the host property, shelter residents, and community under the specific circumstances of the application. In considering whether the modification should be granted, the director shall first consider the effects on the health and safety of the proposed residents and the neighboring communities. Modification shall not be granted if the adverse impact on potential residents and/or neighboring communities will be greater than those without modification. The burden of proof to meet these threshold requirements shall be on the applicant.
8. 
The director's decision may be appealed to the hearing examiner pursuant to PMC § 16.10.060.
D. 
There shall only be allowed one shelter within the city at a time, with a maximum of two shelters established within the city per calendar year; provided, no two shelters shall operate simultaneously. Applications shall be processed on a first-come/first-served basis. If the first application is rejected or incomplete, the city shall process the second application, and so on, until a completed application is approved. A homeless encampment/shelter shall not be sponsored on a parcel(s) of property more than once per calendar year.
(Ord. 2050 § 1 (Exh. A), 2021)