Chapter 18.22
TEMPORARY USES1
Sections:
18.22.010 Purpose.
18.22.015 Review process and fees.
18.22.020 Application and authorization.
18.22.030 Determinations.
18.22.040 General conditions.
18.22.050 Additional criteria for interim housing facilities.
18.22.060 Allowed temporary uses.
18.22.070 Exemptions.
18.22.010 Purpose.
The following provisions authorizing and regulating certain temporary uses are intended to permit temporary uses and structures when consistent with the NBMC and when safe and compatible with adjacent uses in the general vicinity. (Ord. 1256 § 1 (part), 2006).
18.22.015 Review process and fees.
Temporary use permits shall be reviewed and approved before land use permit, construction permit, or business license. Procedures shall be as follows:
A. Temporary use permits for 45 days or less shall be reviewed as Type I administrative applications per Chapter 20.01 NBMC.
B. Temporary use permits for periods longer than 45 days shall be reviewed as Type II applications according to the provisions for review of the land use permit approval per Chapter 20.01 NBMC.
C. The fee for temporary use reviews shall be as established by city schedule and collected at the time of the temporary use application. (Ord. 1256 § 1 (part), 2006).
18.22.020 Application and authorization.
A. Application to conduct a temporary use shall be made to the community services department, and shall include names and contact information for the operator, a written description of the proposed use, scheduled days and times of operation, location map, site plan, and written permission from the property owner, along with such other information as the director may require to evaluate the use and to make the determinations required by these provisions.
B. Application shall be made at least 15 days prior to the requested date for commencement of the temporary use, and the director shall make a determination whether to approve, approve conditionally, or to deny the temporary use within 10 days after the date of application.
C. Authorization of a temporary use shall be by issuance of an approval letter.
D. Temporary uses for a period of time greater than 45 days shall require a conditional use permit prior to the commencement of the use. The hearing examiner shall review the request in a public hearing and shall have the authority to condition issuance of the permit to ensure it is compatible with surrounding land uses and the city code or deny the permit if it cannot be made compatible. If a conditional use permit is not granted, such use shall be terminated at the end of 45 days.
E. Temporary uses that are granted a conditional use permit shall only be permitted for a total of 360 days; 45 days may be approved by the director and an additional 315 days by the hearing examiner. Temporary uses shall not be made permanent by granting of successive temporary use permits. (Ord. 1256 § 1 (part), 2006).
18.22.030 Determinations.
The director may authorize temporary uses after consultation and coordination with all other applicable city departments and other agencies and only when all the following determinations can be made based on an application received:
A. The temporary use will not impair the normal, safe, and effective operation of a permanent use on the same site.
B. The temporary use will be compatible with uses in the general vicinity and on adjacent properties.
C. The temporary use will not significantly impact public health, safety or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct or uses and activities in the vicinity.
D. The use and associated structures will be conducted and used in a manner compatible with the surrounding area.
E. The temporary use application is for a type of use that is typically temporary.
F. The temporary use shall comply with the regulations of the critical area and zoning codes. (Ord. 1256 § 1 (part), 2006).
18.22.040 General conditions.
A. A temporary use conducted in a parking facility shall not occupy or remove from availability more than 25 percent of the spaces required for the permanent use.
B. Each site occupied by a temporary use must provide or have available sufficient parking and vehicular maneuvering area for customers. Such parking need not comply with Chapter 18.16 NBMC, Parking Regulations, but must provide safe and efficient interior circulation and ingress and egress to and from public rights-of-way.
C. The temporary use shall comply with all applicable standards of Public Health – Seattle and King County and the Fire Marshal.
D. No temporary use shall occupy or use public parks in any manner unless specifically approved by the director of public works and the community services director.
E. No short-term temporary use shall occupy or operate within the city of North Bend for more than 45 days within any calendar year unless approved by the hearing examiner under a conditional use permit. A “day of operation” shall mean any or part of any day in which the business is conducted. The 45 days need not run consecutively and may occur at any time within a calendar year as long as each day is designated and approved.
F. All temporary uses shall obtain, prior to occupancy of the site, all applicable permits, licenses and other approvals (i.e., business license, building permit, administrative approvals, etc.).
G. The applicant for a temporary use shall supply written authorization from the owner of property on which the temporary use is located.
H. Each site occupied by a temporary use shall be free of debris, litter, or other evidence of the temporary use upon completion of removal of the use.
I. All materials, structures and products related to the temporary use must be removed from the premises between days of operation on the site; provided, that materials, structures and products related to the temporary use may be left on-site overnight between consecutive days of operation.
J. If the director believes notice to adjacent property owners should be made prior to approval, this shall be done.
K. The director may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include but are not limited to time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or enclosure, and guarantees for site restoration and cleanup following temporary uses. (Ord. 1256 § 1 (part), 2006).
18.22.050 Additional criteria for interim housing facilities.
Interim housing facilities are those facilities that provide temporary housing for homeless persons. Such facilities shall be required to meet the general criteria listed in NBMC 18.22.030, 18.22.040 and the following:
A. Such facilities shall be permitted on the property of religious institutions. A religious institution can only host an interim housing facility once a calendar year.
B. Such facilities shall be sponsored by the religious institution upon whose property they are located. The religious institution shall be the applicant for any such permit.
C. The housing capacity for such facilities shall be limited in size to 100 people.
D. The sponsoring institution shall ensure that all public health regulations are met, including toilet and shower facilities, food preparation, garbage removal, and public safety.
E. The facility shall be permitted one day to set up and one day to dismantle the facility; those two days shall not be part of the 45-day limitation.
F. Public notice and input and a public meeting shall be required prior to a temporary use permit being issued. The sponsoring institution shall provide such notice to all property owners within 600 feet of the proposed location at least 30 days prior to the facility moving in. A second public meeting must be scheduled by the sponsoring institution, with a written invitation provided to persons attending the first public meeting, and it shall be held at least 15 days before the camp starts.
G. Other conditions that arise from the public review and from planning, police, fire, and public works review of the temporary use permit shall apply. (Ord. 1256 § 1 (part), 2006).
18.22.060 Allowed temporary uses.
The following types of temporary uses, activities and associated structures may be authorized, subject to specific limitation noted herein and as noted in NBMC 18.22.040 and as may be established by the director:
A. Outdoor art and craft shows and exhibits.
B. Outdoor community festivals, celebrations or grand openings.
C. Seasonal retail sales such as Christmas trees, pumpkins, seasonal retail sale of agricultural or horticultural products.
D. Fireworks stands, which meet the following requirements:
1. Only one sign is allowed.
2. Signage must be attached to the fireworks stand.
3. All fireworks stand operations and sales must take place outside of landscaped areas, and/or public rights-of-way unless a right-of-way use permit is obtained.
E. Mobile services such as veterinary services for purposes of giving shots.
F. Temporary fund raising or other civic activities.
G. Pushcart Vendors. No mechanical audio or noise-making devices, nor loud shouting or yelling, will be permitted to attract attention.
H. Group retail sales such as swap meets, flea markets, parking lot sales, food markets, auctions, etc.
I. Temporary placement of portable building units and mobile structures, including vehicles primarily designed to facilitate direct sales of goods or merchandise from the vehicle, on public or private sites where full compliance with the design standards in the city code is impractical due to the short-term nature of the use.
J. The director may authorize additional temporary uses not listed in this subsection, when it is found that the proposed use is consistent with the other uses permitted in the applicable zoning district per Table 18.10.030, and where the use will be in compliance with the allowed provisions of this section. (Ord. 1256 § 1 (part), 2006).
18.22.070 Exemptions.
The following activities and structures are exempt from requirements to obtain temporary use approval:
A. A mobile home or travel trailer with adequate water and sewer service used as a dwelling while a residential building on the same lot is being constructed or while a damaged residential building is being repaired.
B. Mobile homes, residences or travel trailers used for occupancy by supervisory and security personnel on the site of an active construction project.
C. Contractor’s office, storage yard, and equipment parking and servicing on the site of an active construction project.
D. Portable building units and mobile homes on public school sites or other public facilities when in full compliance with the city code including but not limited to flood, design, and landscaping requirements.
E. Short-term residential use of recreational vehicles subject to the following:
1. Vehicle must be properly licensed;
2. Vehicle must be parked on private property in an area developed as a parking area;
3. Vehicle must be self-sufficient in terms of utilities; and
4. Vehicle can be used as a residence for a maximum of 45 days.
F. Model homes or apartments and related real estate sales and display activities located within the subdivision or residential development to which they pertain.
G. Garage sales, moving sales, and similar activities for the sale of personal belongings when operated not more than three days in the same week and not more than twice in the same calendar year.
H. Fund raising car washes.
I. Vehicular or motorized catering such as ice cream trucks and self-contained lunch wagons which cater to construction sites or manufacturing facilities.
J. Activities, vendors and booths associated with city of North Bend sponsored or authorized special events such as the farmer’s market, Alpine Days or its successor, the Fourth of July celebration, and the Holiday Tree Lighting Festival.
K. Activities, vendors and booths associated with parks, open space and schools located in the POSPF zone when authorized by the managing body of the park, open space or school.
L. On-premises activities of existing businesses in compliance with outdoor storage requirements.
M. Sidewalk sales, where adequate public access is provided and a right-of-way use permit has been obtained if applicable.
N. Weekend-only warehouse sales when held not more than once a month in an existing facility. (Ord. 1256 § 1 (part), 2006).
Prior legislation: Ords. 747, 1020 and 1100.