Chapter 127 – TEMPORARY USE
Sections:
127.05 User Guide
127.10 Process for Deciding Upon a Proposed Temporary Use
127.15 Application Information
127.20 Criteria for Granting a Temporary Use Permit
127.25 Dimensional Requirements and Development and Performance Standards
127.30 Frequency and Duration of Temporary Use
127.35 Removal of a Temporary Use
127.40 Exceptions to Permit Requirement
127.42 Notice Requirements for Homeless Encampments in New Locations
127.43 Option to Modify Standards for Homeless Encampments
127.44 Notice Requirements for Homeless Encampments at Repeat Locations
127.45 Appeals
127.05 User Guide
This chapter establishes a mechanism whereby the City may, on a short-term basis, permit a use to be conducted that would not otherwise be allowed in the zone in which it is located. This chapter is intended to permit certain temporary uses, such as homeless encampments, community festivals and fresh vegetable stands, that would not be allowed in the zone in which they are proposed, but which, if limited in time and strictly controlled, may be in the best interests of the residents of Kirkland.
If you are interested in proposing a short-term use that is not otherwise allowable in the zone in which it is proposed, or if you are interested in participating in the City’s decision on a proposed use of this kind, you should read this chapter.
(Ord. 4040 § 1, 2006)
127.10 Process for Deciding Upon a Proposed Temporary Use
An application for a temporary use permit will be reviewed and decided upon by the Planning Official.
(Ord. 4408 § 1, 2013; Ord. 4040 § 1, 2006)
127.15 Application Information
The applicant shall submit:
1. A completed application on the form provided by the Planning and Building Department, along with all information listed in that form; and
2. An irrevocable, signed, and notarized statement granting the City permission to summarily abate the temporary use and all physical evidence of that use if it is not removed by the applicant within the period specified as part of the permit, and agreeing to reimburse the City for any expenses incurred by the City in abating the temporary use.
(Ord. 4491 § 3, 2015; Ord. 4040 § 1, 2006)
127.20 Criteria for Granting a Temporary Use Permit
The City may grant a temporary use permit only if it finds that:
1. The proposed temporary use will not be materially detrimental to the public welfare, or injurious to the property or improvements in the immediate vicinity; and
2. The proposed temporary use is compatible with existing land use in the immediate vicinity; and
3. The proposed temporary use or site plan is not otherwise allowable in the zone in which it is proposed.
(Ord. 4040 § 1, 2006)
127.25 Dimensional Requirements and Development and Performance Standards
The City shall establish dimensional requirements and development and performance standards as part of the approval of each temporary use permit. The City will use the nature of the proposed use and the character of the surrounding area as guides in establishing these requirements and standards.
In addition to these requirements and standards, the following definitions and standards apply to homeless encampments:
1. Definitions
a. Homeless Encampment – A group of homeless persons temporarily residing out of doors on a site with services provided by a sponsor and supervised by a managing agency.
b. Managing Agency – An organization that has the capacity to organize and manage a homeless encampment. A “managing agency” may be the same entity as the sponsor.
c. Sponsor – An entity that has an agreement with the managing agency to provide basic services and support for the residents of a homeless encampment and liaison with the surrounding community and joins with the managing agency in an application for a temporary use permit. A “sponsor” may be the same entity as the managing agency.
2. Standards
a. An application for a homeless encampment must include a local church or other community-based organization as a sponsor or managing agency.
b. The encampment shall be located a minimum of 20 feet from the property line of abutting properties containing residential uses.
c. Sight-obscuring fencing is required around the perimeter of the homeless encampment unless the Planning and Building Director determines that there is sufficient vegetation, topographic variation, or other site conditions such that fencing would not be needed.
d. Exterior lighting must be directed downward and contained within the homeless encampment.
e. The maximum number of residents within a homeless encampment is 100.
f. Parking for five (5) vehicles shall be provided.
g. A transportation plan is required which shall include provision of transit services.
h. The homeless encampment shall be located within one-half (1/2) mile of transit service.
i. No children under 18 are allowed in the homeless encampment. If a child under the age of 18 attempts to stay at the homeless encampment, the managing agency shall immediately contact Child Protective Services.
j. No animals shall be permitted in encampments except for service animals.
k. A code of conduct is required to be enforced by the managing agency. The code shall contain the following as a minimum:
1) No drugs or alcohol.
2) No weapons.
3) No violence.
4) No open flames.
5) No loitering in the surrounding neighborhood.
6) Quiet hours.
l. The managing agency shall ensure compliance with Washington State and City codes concerning but not limited to drinking water connections, human waste, solid waste disposal, electrical systems, and fire-resistant materials.
m. The managing agency shall take all reasonable and legal steps to obtain verifiable identification from prospective encampment residents and use the identification to obtain sex offender and warrant checks from the appropriate agency. All requirements by the Kirkland Police Department related to identified sex offenders or prospective residents with warrants shall be met.
n. The managing agency shall permit daily inspections by the City and/or Health Department to check compliance with the standards for homeless encampments.
(Ord. 4811 § 1, 2022; Ord. 4047 § 1, 2006; Ord. 4040 § 1, 2006)
127.30 Frequency and Duration of Temporary Use
1. The City may not grant a temporary use permit at the same site more frequently than once in every 365-day period. The City may only grant a temporary use permit for a specified period of time, not to exceed 60 days.
2. Exceptions
a. Temporary staging facilities for public projects may be approved for a time period not to exceed the duration of their construction.
b. Homeless encampments may be approved for a time period not to exceed 92 days.
(Ord. 4040 § 1, 2006)
127.35 Removal of a Temporary Use
The City shall designate, as part of the temporary use permit, a period following the expiration of the permit within which the temporary use must be terminated and all physical evidence of the use must be removed by the applicant. If the temporary use and all physical evidence of the use are not removed within the time specified, the City will remove it under the authority provided in KZC 127.15(2).
(Ord. 4040 § 1, 2006)
127.40 Exceptions to Permit Requirement
The following temporary uses, when located in commercial and industrial zones, are exempt from the permit requirements of this chapter:
1. Not to exceed 90 days:
a. Farm and gardener produce stands selling fruit and vegetables.
2. Not to exceed 30 days:
a. Christmas tree lots.
3. Not to exceed five (5) days:
a. Amusement rides.
b. Carnivals and circuses.
c. Parking lot sales which are ancillary to the indoor sale of the same goods and services.
(Ord. 4040 § 1, 2006)
127.42 Notice Requirements for Homeless Encampments in New Locations
1. Applicability
The following notice requirements apply only to new locations for homeless encampments. If an encampment has previously located at a site, the provisions of KZC 127.44 apply.
2. Public Meeting
A minimum of 14 calendar days prior to the anticipated start of the encampment, the sponsor and/or managing agency shall conduct a public informational meeting by providing mailed notice to owners of property within 500 feet of the subject property and residents and tenants adjacent to the subject property. The purpose of the meeting is to provide the surrounding community with information regarding the proposed duration and operation of the homeless encampment, conditions that will likely be placed on the operation of the homeless encampment, requirements of the written code of conduct, and to answer questions regarding the homeless encampment.
3. A Notice of Application for Homeless Encampment shall be provided prior to the Planning Official’s decision. The purpose of the notice is to inform the surrounding community of the application. Due to the administrative and temporary nature of the permit, there is no comment period. The notice shall contain at a minimum the date of application, project location, proposed duration and operation of the homeless encampment, conditions that will likely be placed on the operation of the homeless encampment, requirements of the written code of conduct, and how to get more information (i.e., City website). The Planning and Building Department shall distribute this notice as follows:
a. The notice, or a summary thereof, will be published in the official newspaper of the City at least seven calendar days prior to the Planning Official’s decision.
b. The notice, or a summary thereof, will be distributed to owners of all property within 500 feet of any boundary of the subject property and residents and tenants adjacent to the subject property at least 14 calendar days prior to the Planning Official’s decision.
c. The notice will be posted on the City’s website.
4. A Notice of Decision for Homeless Encampment, or summary thereof, shall contain the decision of the Planning Official and appeal procedure and be distributed as required for notice of application within four business days after the decision.
(Ord. 4811 § 1, 2022; Ord. 4491 § 3, 2015; Ord. 4408 § 1, 2013; Ord. 4193 § 1, 2009; Ord. 4040 § 1, 2006)
127.43 Option to Modify Standards for Homeless Encampments
The applicant may apply for a temporary use permit that applies standards that differ from those in KZC 127.25. If a modification is proposed, then the application will be processed according to Process I, Chapter 145 KZC, including a comment period and appeal to the Hearing Examiner. In addition to all other permit application requirements, the applicant shall submit a description of the standard to be modified and shall demonstrate how the modification will result in a safe homeless encampment under the specific circumstances of the application. In considering whether the modification should be granted, the Planning and Building Director shall consider the effects on health and safety of residents and the community.
(Ord. 4040 § 1, 2006)
127.44 Notice Requirements for Homeless Encampments at Repeat Locations
1. A minimum of 14 calendar days prior to the anticipated start of the encampment, the sponsor and/or managing agency shall provide mailed notice to owners of property within 500 feet of the subject property and residents and tenants adjacent to the subject property. The purpose of the notice is to inform the surrounding community of the proposed duration and operation of the homeless encampment, applicable standards, requirements of the written code of conduct, and how to get more information.
2. A minimum of 14 calendar days prior to the anticipated start of the encampment, the City shall update the City’s website with the date of application, project location, proposed duration and operation of the homeless encampment, the conditions that will be placed on the operation of the homeless encampment, requirements of the written code of conduct and how to get more information.
(Ord. 4811 § 1, 2022; Ord. 4408 § 1, 2013)
127.45 Appeals
There is no administrative appeal of the Planning Official’s decision for a temporary use permit. The action of the City in granting or denying an application under this chapter may be reviewed pursuant to the standards set forth in RCW 35.70C.130 in the King County Superior Court. The land use petition must be filed within 21 calendar days of the issuance of the final land use decision of the City. For more information on the judicial process for land use decision, see Chapter 36.70C RCW.
(Ord. 4408 § 1, 2013; Ord. 4040 § 1, 2006)