Chapter 19.160
TEMPORARY USE PERMITS

Sections:

19.160.010    Purpose and intent.

19.160.020    Permit classification.

19.160.030    Temporary use – Types.

19.160.040    Conditions.

19.160.010 Purpose and intent.

It is the intent of this chapter to regulate certain temporary uses of property which are not otherwise regulated by other City ordinances or regulations. (Ord. 07-015 § 4, 2007).

19.160.020 Permit classification.

Temporary use permits (TUPs) are classified as a Type I permit and shall be processed pursuant to the provisions of SVMC 17.80.070. (Ord. 07-015 § 4, 2007).

19.160.030 Temporary use – Types.

The department may issue a TUP for the following types of temporary uses as permitted under this chapter:

A. Interim Uses. The department may issue a temporary and revocable permit to allow an owner, developer, contractor, tenant, lessee, or other occupant to conduct an otherwise permitted use on their property at the same time they are improving the property to the required City standards pursuant to the following conditions:

1. The TUP may be issued for a period up to six months and may be extended for an additional three months if the applicant has acted in good faith towards compliance of the original permit.

2. The department may issue the permit only if the proposed use is consistent with the following findings of fact:

a. The request is reasonable and there is no other practical alternative;

b. Adverse impacts associated with the temporary use are appropriately mitigated and such temporary use will not cause a hazard to the occupants or to neighboring properties;

c. A hardship is involved that cannot otherwise be reasonably resolved; and

d. A performance bond in the amount of any required improvements shall be posted guaranteeing the completion of the project.

B. Seasonal Uses. The department may issue a temporary and revocable permit to allow sales of seasonal goods in any nonresidential zone for a period not to exceed six months in any 12-month period. The use need not meet the standards normally associated with a permanent use provided the department finds that the temporary use is consistent with the following:

1. The use must be consistent with the permitted uses in the zone;

2. The use must be an appropriate use of the property pending the permanent long-term use;

3. The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts that cannot be appropriately mitigated;

4. The use must provide a sanitary facility if the department determines it is necessary to do so; and

5. Failure to comply with the conditions of the permit shall result in suspension or revocation of the TUP.

C. Temporary Uses Associated with Construction Permits. The department may issue a temporary and revocable permit for activities associated with construction projects including, but not limited to, equipment storage yards, job shacks, materials storage yards, or living quarters, which are not otherwise permitted outright by City ordinances or regulations. The department may issue a TUP if it is found that the proposal is consistent with the following findings of fact:

1. The use would not pose a hazard or be a detriment, physical or otherwise, to the surrounding area;

2. The use will not result in significant traffic, parking, drainage, fire protection or other adverse impacts;

3. The temporary use shall be reviewed every six months to determine if the temporary use is still valid, if not the department shall terminate the TUP;

4. The temporary use shall be vacated upon completion of the associated construction project or as determined by subsection (C)(3) of this section. (Ord. 07-015 § 4, 2007).

19.160.040 Conditions.

The department may include any conditions deemed necessary in order to reasonably mitigate any adverse impacts anticipated from a requested TUP. (Ord. 07-015 § 4, 2007).