Chapter 18.100


18.100.010    Requirement.

18.100.020    Approval authority.

18.100.030    Procedures – Application, decision, effective date, appeal, duration, revocation.

18.100.040    Findings.

18.100.050    Conditions of approval.

18.100.010 Requirement.

A temporary use permit is required to authorize certain temporary use classifications, as defined in PHMC § 18.15.070. A temporary use permit may not be issued more than six times during any calendar year or for any longer than 14 days for each event.

A temporary use permit is not required for a special event held on both private and public property if the sponsor or property owner obtains a special event permit under PHMC Chapter 6.20. (Ord. 865 § 7, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-30.1, 1996; 1991 code § 35-30.1)

18.100.020 Approval authority.

The zoning administrator has the authority to approve temporary use permits. The zoning administrator may, in his or her discretion, refer a temporary use permit directly to the planning commission. (Ord. 710 § 35-30.2, 1996; 1991 code § 35-30.2)

18.100.030 Procedures – Application, decision, effective date, appeal, duration, revocation.

A. Application. The applicant shall submit a request for a temporary use permit to the zoning administrator, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. Within five working days of receiving a complete application, the zoning administrator may request additional plans and materials necessary to assess the potential impacts of the proposed temporary use.

No notice or public hearing is required.

B. Decision. The zoning administrator shall approve, conditionally approve or deny an application within five working days after receiving a complete application, and shall promptly notify the applicant.

C. Effective date – Appeals – Duration – Revocation. A temporary use permit is effective on the date of approval. Any interested person may appeal a denial of the application to the planning commission, in accordance with PHMC Chapter 18.130.

The permit is valid for the time period specified in the permit, not to exceed 14 calendar days. The permit lapses if not used within the dates approved.

The zoning administrator may revoke the permit for a violation of the terms of the permit. The revocation is effective immediately upon verbal or written notice to the permit holder. The zoning administrator shall confirm any verbal notice in writing within two working days. (Ord. 727 § 7, 1998; Ord. 710 § 35-30.4, 1996; 1991 code § 35-30.4)

18.100.040 Findings.

The zoning administrator shall approve the application as submitted, or in modified form, if the zoning administrator finds that:

A. The proposed temporary use will be located, operated and maintained in a manner consistent with the general plan and this chapter; and

B. Approval of the application will not be detrimental to adjacent properties or to property in the surrounding area or to the public health, safety or general welfare. (Ord. 710 § 35-30.6, 1996; 1991 code § 35-30.6)

18.100.050 Conditions of approval.

In approving a temporary use permit, the zoning administrator may impose reasonable conditions necessary to:

A. Ensure consistency with the general purposes of this chapter, the specific purposes of the zoning district in which the site is located, and the general plan;

B. Protect the public health, safety and general welfare. This may include, but is not limited to, conditions regarding: traffic, parking, noise, waste and litter; and

C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 865 § 8, 2012; Ord. 710 § 35-30.8, 1996; 1991 code § 35-30.8)