Chapter 23.92
TEMPORARY USES

Sections:

23.92.010    Purpose.

23.92.020    Permit required.

23.92.030    Development and operational standards.

23.92.040    Temporary uses exempt from permit.

23.92.050    Similar uses.

23.92.060    Temporary use permit extensions.

23.92.010 Purpose.

The purpose of this chapter is to allow uses of a temporary nature on private property to exist for a specified length of time, in a manner which will not adversely impact the general welfare of persons residing in the community. [Ord. 26-2006 §3, eff. 8-11-2006]

23.92.020 Permit required.

A temporary use permit is required prior to the construction or operation of any facilities or uses associated with any permitted activity as required by EGMC 23.16.050. Also see permanent outdoor use provisions in Chapter 23.86 EGMC, Outdoor Sales, Display, Storage, and Seating. [Ord. 26-2006 §3, eff. 8-11-2006]

23.92.030 Development and operational standards.

The following activities are allowed with the approval of a temporary use permit. Temporary use permits may not be in place for longer than one year.

A. No Maximum Term Limit.

1. Farmers’ Market. A farmers’ market may operate for once a week at the same location with a temporary use permit.

B. Maximum Five-Day Term Limit. The following use is permitted for a maximum five-day period with approval of a temporary use permit.

1. Cargo/Shipping Containers. Cargo/shipping containers and other metal storage containers may be located in any agricultural residential or agricultural zone subject to the standards below, except as provided in subsection (E) of this section, Maximum 60-Day Term Limit. No more than one such temporary use permit may be issued for each property per calendar year. Containers may be located on site for a maximum of 24 hours as part of the active loading and unloading of the container without requiring a temporary use permit.

a. Development Standards.

i. Containers are located a minimum of 10 feet from any front or street-side property line, a minimum of five feet from any rear or interior property line, and a minimum of five feet from any other structure or container. At no time shall the container obstruct the clear-vision triangle. For agricultural residential uses, containers may not be placed within the required front yard area.

ii. One container may be permitted for every 5,000 square feet of permanent structure, or portion thereof.

iii. Containers may not be stacked.

iv. Containers are prohibited on residential zoned property.

b. Exemptions to Temporary Use Permit.

i. When a cargo/shipping container is associated with storage for on-site construction activity, it shall be exempt from the requirements of this chapter. Use of the container shall be limited to the time that a valid building permit is in effect for construction on the premises (see EGMC 23.86.030).

ii. The storage of cargo/shipping containers associated with an otherwise permitted warehousing, storage, personal storage, or cargo transfer-type facility is exempt from this chapter.

C. Maximum 14-Day Term Limit (Consecutive or Intermittent). The following uses are permitted for a maximum 14-day period (consecutive or intermittent) with approval of a temporary use permit. No more than one such temporary use permit may be issued for each property within a three-month period (no more than one per quarter).

1. Arts and crafts exhibits;

2. Carnivals;

3. Circuses;

4. Concerts;

5. Fairs;

6. Animal shows;

7. Festivals;

8. Flea markets;

9. Food events;

10. Fund-raising activities;

11. Outdoor entertainment/sporting events;

12. Rodeos;

13. Rummage/secondhand sales; and

14. Swap meets.

D. Maximum 30-Day Term Limit (Consecutive). The following uses are permitted for a maximum 30-day period with approval of a temporary use permit. No more than one such temporary use permit may be issued for each property within a three-month period (no more than one per quarter, based on a calendar year):

1. Seasonal sales including, but not limited to, Halloween, Thanksgiving, and Christmas, on nonresidential and agricultural/agricultural residential properties. This listing also includes associated sales trailers as part of the use.

2. Temporary residence on nonresidential properties.

3. Outdoor promotional displays and sales of merchandise customarily sold on the premises by a permanently established business in a commercial zoning district. The temporary use shall be in conformance with the provisions of Chapter 23.86 EGMC, Outdoor Sales, Display, Storage, and Seating.

E. Maximum 60-Day Term Limit. The following use is permitted for a maximum 60-day period with approval of a temporary use permit:

1. Cargo/Shipping Containers. Cargo/shipping containers and other metal storage containers may be located in any zone (other than residential) for a maximum of 60 days subject to the standards below, except as provided in EGMC 23.92.030(B). No more than one such temporary use permit may be issued for each property per calendar year. Containers may be located on-site for a maximum of 24 hours as part of the active loading and unloading of the container without requiring a temporary use permit:

a. Development Standards.

i. Containers are located a minimum of 10 feet from any front or street-side property line, a minimum of five feet from any rear or interior property line, and a minimum of five feet from any other structure or container. At no time shall the container obstruct the clear-vision triangle. For agricultural residential uses, containers may not be placed within the required front yard area.

ii. One container may be permitted for every 5,000 square feet of permanent structure, or portion thereof.

iii. Containers may not be stacked.

iv. Containers are prohibited on residential zoned property.

b. Exemptions to Temporary Use Permit.

i. When a cargo/shipping container is associated with storage for on-site construction activity, it shall be exempt from the requirements of this chapter. Use of the container shall be limited to the time that a valid building permit is in effect for construction on the premises (see EGMC 23.86.030, Exemptions).

ii. The storage of cargo/shipping containers associated with an otherwise permitted warehousing, storage, personal storage, or cargo transfer-type facility is exempt from this chapter.

F. Maximum Six-Month Term Limit. The following use is permitted for a maximum six-month period with approval of a temporary use permit:

1. Seasonal Roadside Crop Sales. No seasonal crop sales building shall be installed, maintained, or operated in any zone unless the standards and requirements listed below are complied with and maintained.

a. Each crop sales building shall have no more than 1,200 square feet of indoor sales area and shall have a total enclosed area of no more than 2,400 square feet, including storage. Each crop sales stand shall have a display/storage area of no more than 200 square feet, and the use shall not be located in a permanent building.

b. Only one sales building per parcel is to be associated with this use. The use shall be operated by the property owner.

c. The use of this building is seasonal only. The period of operation is to be less than six months in any calendar year.

d. Hours of operation shall be no greater than sunrise to 10:00 p.m.

e. Products sold are limited to fresh fruits, vegetables and nuts. Crops sold are to be grown on site or, with permission granted during the use permit hearing process, the appropriate authority may grant approval to include fresh crops grown off site, or preserved, baked or packaged products that have been prepared on the property from crops grown on the property.

f. No activities relating to the operation of the seasonal crop sales building, including customer parking, shall occur on public property. All parking areas shall be maintained or surfaced so as to be dust free.

g. No part of this use, including merchandise or parking area, shall be located within the triangular visibility area described in Chapter 23.58 EGMC, Parking.

h. No additional signs beyond the signs otherwise permitted in the zone in which the crop sales use is located shall be permitted. Signs must be in conformance with the Chapter 23.62 EGMC, Signs on Private Property.

i. No food items shall be prepared and/or sold for immediate consumption on site, excluding canned or bottled beverages.

j. All buildings and stands shall meet the setback standards of the zone in which the seasonal crop sales use is located.

G. Maximum One (1) Year Term Limit. The following uses are permitted for a maximum one (1) year period with approval of a temporary use permit:

1. Mobile home as a temporary residence of the property owner when a valid building permit for a new single-family dwelling has been issued. The temporary use permit shall expire upon expiration of the building permit or one (1) year, whichever occurs first.

2. Temporary enclosed storage with existing nonresidential use.

3. Temporary classroom, office, or similar structure, including a manufactured or mobile unit, when a valid building permit has been issued. Structure(s) may be approved as an accessory use or as the first (1st) phase of a development project. [Ord. 20-2018 §3 (Exh. A), 11-9-2018; Ord. 28-2007 §3, eff. 10-26-2007; Ord. 26-2006 §3, eff. 8-11-2006]

23.92.040 Temporary uses exempt from permit.

The following temporary uses are exempt from the permit requirement as set forth in this section and EGMC 23.16.050, Temporary use permit, provided they meet the conditions listed below:

A. Garage Sales. Garage sales are permitted on any parcel where the sale operator resides, not to exceed four (4) sales per calendar year and two (2) consecutive days for each sale. All merchandise must be displayed within the property boundaries.

B. Temporary sales offices/trailers and model home complexes as part of new home sales.

C. On-Site and Off-Site Construction Yards and/or Security Trailers. On-site and off-site construction yards and/or security trailers are permitted in conjunction with approved project development and approval of a valid building permit. The yard/trailer is limited to the time that a valid building permit is in effect for construction on the premises. [Ord. 20-2018 §3 (Exh. A), eff. 11-9-2018; Ord. 16-2009 §3, eff. 9-25-2009; Ord. 26-2006 §3, eff. 8-11-2006]

23.92.050 Similar uses.

When a temporary use is not specifically listed in this chapter, the Development Services Director shall determine whether the use is similar in nature to listed uses and shall establish the term, and make necessary findings and conditions for the particular use. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 26-2006 §3, eff. 8-11-2006]

23.92.060 Temporary use permit extensions.

A. Extension of an Existing Temporary Use Permit. An existing temporary use permit, which was originally permitted for a period of less than thirty (30) days, may be extended for no more than five (5) additional days, subject to the issuance of a revised temporary use permit by the Development Services Director. The request for the permit extension shall be made prior to the expiration of the original permit. Any request for extension made after the expiration of the original permit shall constitute a request for a new temporary use permit.

B. Request for a Temporary Use Permit for Term Limit Longer Than Otherwise Allowed. Applicants seeking a temporary use permit for a time period longer than otherwise allowed by this chapter may submit for a minor use permit for said activity; provided, that it complies with the relevant development and operational standards provided in EGMC Section 23.92.030. Approval of the minor use permit shall be in accordance with the permit requirements for minor use permits as identified in EGMC Section 23.16.060.

If a minor use permit is issued for a cargo/shipping container(s) for a period greater than sixty (60) days, said container(s) must be screened from public view through any combination of landscaping, fencing, or other appropriate technique. [Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 28-2007 §3, eff. 10-26-2007]