Chapter 18A.38
TEMPORARY DEVELOPMENT Revised 12/18

Sections:

18A.38.010    Purpose.

18A.38.020    Temporary Uses Allowed – Number of Days Allowed. Revised 12/18

18A.38.030    Temporary Use/Duration and Frequency.

18A.38.040    Temporary Housing Community.

18A.38.050    Temporary Structures. Revised 12/18

18A.38.010 Purpose.

The purpose of this Chapter is to establish allowed temporary uses and structures, and provide standards and conditions for regulating such uses and structures. (Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 5 (part), 2013)

18A.38.020 Temporary Uses Allowed – Number of Days Allowed. Revised 12/18

A.    The numbers in this Table represent the cumulative number of days the specific temporary use may be allowed on an individual property within any 12-month period. It is the applicant's discretion as to how the days are utilized throughout the 12-month period. A temporary use as listed below shall not be subject to parking provisions contained within Chapter 18A.35 PCC or the landscaping provisions of Chapter 18J.15 PCC. Produce and flower sales that are considered a permanent use as described in 18A.33.260 A., Agritourism, may be subject to Title 18J PCC, Development Regulations – Design Standards and Guidelines, and parking provisions when the time frames specified herein are exceeded.

Table 18A.38.020-1. Temporary Uses Allowed-Number of Days Allowed

Temporary Use Types and Number of Days Allowed

Urban Centers

Urban Districts

Urban Residential

Employment Center

Resource Lands

Rural Centers

Rural Residential

Produce (1)

120

120

120

120

120

120

Flowers (1)

30

30

30

30

30

30

Fireworks (1)(2)

14

14

14

14

Christmas Trees (1)

45

45

45

45

45

45

Carnivals/Circuses (1)

14

14

14

14

Community Festivals (1)

14

14

14

14

14

14

14

Garage Sales (3)

8

8

8

8

8

8

8

Parking Lot Sales (1)

14

14

14

14

Camping and Recreational Vehicle Use (4)

120

120

120

120

120

120

Temporary Events (150 or more people)

(refer to Events, Chapter 18A.40 PCC)

Temporary Housing Communities

(refer to Temporary Housing Communities, PCC 18A.38.040)

Temporary uses for any number of people and not advertised as open to the public with or without a fee, or temporary uses sponsored by tax-exempt organizations, public schools, or municipal entities shall not be subject to the standards set forth in this Chapter. Examples of such temporary uses include, but are not limited to, the following:

• Family reunions/picnics;

• Weddings, Birthdays, Anniversaries;

• Sporting or other fund raising events sponsored and held on school grounds;

• Business or Corporate Retreats;

• Organized religious events; and

• Activities conducted in a public park or on public lands with approval of the local governing agencies.

Activities which have been authorized through an approved discretionary land use permit shall not be subject to the standards set forth in this Chapter.

Footnotes:

(1)    Occupying recreational vehicles in conjunction with this temporary use is limited to guard, caretaker, and similar functions which prohibit public entry into the vehicle. The number of days the recreational vehicle is allowed on the site shall be the same as the associated temporary use.

(2)    Actual number of days fireworks sales are allowed is subject to Chapter 5.08 PCC* and Washington State requirements.

(3)    Garage sales are not subject to affidavit requirements of PCC 18A.38.030 A.1.

(4)    Camping and recreational vehicles shall meet the standards set forth in PCC 18A.38.010, 18A.38.020, 18A.38.030, and 18A.38.050 E.

* Code Revisor’s Note: Chapter 5.08 PCC has been recodified to Chapter 17C.60 PCC.

(Ord. 2017-89s § 2 (part), 2018; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 5 (part), 2013)

18A.38.030 Temporary Use/Duration and Frequency.

A.    Temporary uses shall be limited in duration and frequency as follows:

1.    Any proponent of a temporary use shall file an affidavit with the Planning and Public Works Department which specifies the type of use, location, and specified days and hours of operation of the proposed temporary use. The affidavit form is available at the Department.

2.    The duration of the temporary use shall include the days the use is being set up and established as well as when the event actually takes place.

3.    A parcel may host no more than three temporary uses within a calendar year; provided the time periods specified in PCC 18A.38.020, Temporary Uses Allowed-Number of Days Allowed, are not exceeded. Multiple temporary uses may occur on a parcel concurrently provided the time periods in PCC 18A.38.020 are not exceeded.

4.    Recreational vehicles, travel trailers, or tents shall not be used as a permanent place of abode, or dwelling, for indefinite periods of time, except as stipulated in PCC 18J.15.200 for mobile home parks. Occupancy of a recreational vehicle, travel trailer or tent, or combination thereof, for more than 120 days in any 12-month period shall be considered permanent occupancy.

5.    Temporary parking lots associated with a temporary use shall not remain longer than the associated temporary use.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 5 (part), 2013)

18A.38.040 Temporary Housing Community.

A.    A Temporary Housing Community is intended to provide temporary housing/shelter for more than a family as defined in PCC 18.25.030 and may house up to 60 adults no longer than 90 consecutive days. The following requirements must be met prior to permitting a temporary housing community:

1.    Must be confined to a single parcel of land.

2.    Shall house no more than 60 adults.

3.    The minimum distance between the temporary housing community shall be no less than 1 linear mile between other similar operations.

4.    Shall not be located closer than 100 feet from any dwelling on adjacent parcels.

5.    Shall not be located closer than 1 linear mile from any public or private schools. However, this locational criteria shall not apply if such facilities already exist on the site or are planned as part of the temporary housing community.

6.    A site may only host one temporary housing community per calendar year.

7.    Shall not be located closer than one-half mile from any group home, retirement home, senior center, licensed day care, or other vulnerable population. However, this locational criteria shall not apply if such facilities already exist on the site or are planned as part of the temporary housing community.

8.    Issuance of a Site Specific Information Letter (SSIL) shall be required prior to set-up, construction or occupancy of any tents or other temporary structures or housing facilities on the lot, parcel, or tract of land hosting the event.

9.    Set-up time for the host site shall not be included in the 90 days. Specified set-up times will be determined in the review of the Site Specific Information Letter.

10.    The event shall comply with all conditions of approval as set forth under a Site Specific Information Letter. Such conditions shall be based on expected or potential impacts of the event related to traffic, waste management, public health, noise effects on surrounding properties, public safety, and any other issues identified by the County.

11.    Prior to issuance of the SSIL, any and all other local, state and federal regulatory agencies, fees, permits or conditions of approval shall be met by the applicant as well as the following:

a.    That adequate provisions have been made for on-site sanitary waste and potable water;

b.    That provisions are made to ensure habitable conditions during inclement weather;

c.    That the site is within reasonable walking distance (1/4 mile measured along sidewalks or roads) to public transportation;

d.    That a security plan is in place and resources are available to implement it; and

e.    That the sponsors have developed a transitional plan for relocation of the residents of the community.

(Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 5 (part), 2013)

18A.38.050 Temporary Structures. Revised 12/18

A.    Temporary Construction Buildings. Temporary structures for the storage of tools and equipment, or containing supervisory offices in connection with major construction projects, may be established and maintained during the progress of such construction on such projects. Such buildings shall be removed within 30 days after completion of the project or 30 days following completion of work.

B.    Temporary Real Estate Office. One temporary real estate sales office may be located on any new subdivision in any zone; provided the activities of such office shall pertain only to the selling of lots within the approved divisions of land of 5 or more lots or phase of division upon which the office is located. The temporary real estate office shall be removed at the end of a 3-year period measured from the date of the recording of the map of the land division upon which such office is located.

C.    Temporary Housing Unit During Construction. A temporary housing unit during construction may be placed on a lot or tract of land in any zone for occupancy during the period of time necessary to construct a permanent use or structure on the same lot or tract or abutting property leased or owned by the applicant. Existing dwelling units may be converted to a temporary housing unit. A temporary housing unit is subject to the following:

1.    The unit is removed from the site within 30 days after final inspection of the project, or within one year from the date the unit is first moved to the site, whichever may occur sooner.

2.    The unit is not located in any required yard.

3.    A permit is issued by the Building Division prior to occupancy of the unit on the construction site.

D.    Temporary Housing Unit for Family. A temporary housing unit for family is permitted in all zones subject to the following regulations:

1.    A permit for a temporary housing unit for family may be issued by the Building Division if the applicant satisfies the criteria set forth in PCC 18A.38.050 D.2. below and attests by affidavit that:

a.    The information furnished with the application is true and correct.

b.    That the standards and conditions set forth in the permit will remain satisfied as long as the temporary housing unit remains on the site.

2.    The following are the minimum standards applicable to a temporary housing unit for family.

a.    The temporary housing unit shall be occupied by the parent or parents of the occupants of the dwelling, or not more than one individual who is a close relative of the occupants of the principal dwelling.

b.    An occupant of the temporary housing unit because of age, disability, prolonged infirmity, or other similar incapacitation is unable to independently maintain a separate type of residence without human assistance.

c.    The temporary housing unit must bear the HUD 3280 seal.

d.    In the event the Health Department requires the installation of separate water supply and/or sewerage disposal systems, said requirements shall not at a later time constitute grounds for the continuance or permanent location of a temporary housing unit beyond the length of time authorized in the permit or renewal of said permit.

e.    Prior to the issuance of a permit, the County shall review the application and may require the installation of such fire protection/detection equipment as may be deemed necessary as a condition to the issuance of the temporary housing permit.

f.    The temporary housing unit shall be removed from the lot or tract of land not more than 30 days from the date the permit expires or occupancy ceases.

3.    Permits shall be valid for the period of time the parent or close relative resides in the temporary housing unit; provided, that after obtaining initial approval, annual renewals of the temporary housing permit must be obtained from the Building Official. When obtaining a renewal, the Building Official shall confirm by affidavit from the applicant that the requirements specified herein are satisfied. Application for renewals must be made 60 days before the expiration of the current permit. Renewals of said permits shall be automatically granted if the applicant is in compliance with the provisions herein and no notice of such renewal is required.

E.    Temporary Occupancy of Recreational Vehicle, Travel Trailer or Tent. A recreational vehicle, tent, or travel trailer located on a lot of record may be temporarily occupied, for the time period noted in PCC 18A.38.020, subject to compliance with the standards set forth in this Section. Recreational vehicles, travel trailers, or tents located within an approved recreational vehicle park are not subject to the standards set forth in this Section. See PCC 18J.15.210 for regulations applicable to recreational vehicle parks.

1.    Temporary occupancy of a recreational vehicle, tent, and/or travel trailer is permitted in all zones when in compliance with the following:

a.    Within the urban growth area, only a recreational vehicle, tent, or travel trailer located on a lot developed with a principal dwelling unit may be occupied for the temporary period noted in PCC 18A.38.020. Provided that, however, urban lots located on a Shoreline of the State and within a Shoreline Environment that permits residential or recreational use may host a recreational vehicle, travel trailer, or tent for the temporary period noted in PCC 18A.38.020, whether the lot is developed or undeveloped. All other recreational vehicles, tents, or travel trailers on undeveloped lots located within the urban growth area shall not be occupied for any period of time.

b.    Within the rural area, occupancy of a recreational vehicle, tent, or travel trailer may be allowed regardless of whether or not a principal dwelling unit exists on the lot.

c.    A recreational vehicle or travel trailer parked on a public or private roadway or the right-of-way or easement for that roadway shall not be occupied.

d.    Recreational vehicles shall not be placed in critical areas or their associated buffers.

e.    The recreational vehicle, travel trailer, or tent shall be removed from the lot or tract of land on which it is located within 14 days of the expiration of the temporary occupancy period, except that a recreational vehicle and/or travel trailer may remain on site unoccupied if the person or entity in control of the property is the legal or registered owner.

f.    A recreational vehicle, travel trailer or tent may be occupied for up to 14 days per year without a temporary use permit.

2.    An approval for the temporary occupancy of a tent, travel trailer, or recreational vehicle is valid for a maximum of 120 days when in compliance with PCC 18A.38.050 E.1. above. Extensions of this approval may be granted by the Director on a case-by-case basis, when needed, in situations of undue hardship and provided that efforts to relocate or acquire permanent housing are underway. This time period shall be reduced accordingly by the length of time any other recreational vehicle, travel trailer, or tent was occupied on the same lot as the subject request during the 12 months immediately prior to the request.

F.    Temporary Storage in Cargo Containers. Cargo Containers may be placed in the following zones: Employment Center zones, to include Community Employment (CE), Employment Center (EC), and Employment Services (ES), and Urban Center zones, to include Community Center (CC) and Mixed Use District (MUD), when the following standards are complied with:

1.    Materials stored within cargo containers must be directly related to an approved commercial and/or industrial use on site;

2.    No storage of hazardous materials may take place within cargo containers;

3.    Cargo containers may not be rented for personal or commercial storage uses;

4.    Cargo containers must be in compliance with bulk requirements of Development Regulations;

5.    Cargo containers may not encumber required parking, aisle or landscaping, and may not block Emergency Vehicle Access or established vehicle routes;

6.    No more than five cargo containers may be used for storage associated with industrial uses at a time;

7.    No more than two cargo containers may be used for storage associated with commercial uses at one time; and

8.    Cargo containers may not be on any site in excess of 180 days within any 12 month period.

G.    Public Nuisance Abatement.

1.    Designated Public Nuisance Sites.

a.    Pierce County Planning and Public Works may arrange for the placement of machinery/equipment on designated public nuisance site or sites otherwise arranged by Pierce County as a temporary use. With authorization provided in either a Superior Court ordered Warrant of Abatement or from the Planning and Public Works Director, temporary on-site activities and/or processes (i.e., waste staging, screening, processing, shredding, chipping, recycling, car crushing) will accommodate public nuisance abatement efforts.

b.    Designated property(s) and subsequent on-site activities/processing shall only occur on a temporary basis in order to abate public nuisances as defined in Chapter 8.08 PCC, Public Nuisances, and shall not exceed 180 days unless a time extension is granted. Time extensions may be granted by the Director on a case by case basis. Requests must be submitted in writing, provide justification for the extension, and specify the additional time needed.

c.    Designated property(s) as described shall not be exempt from applicable local, state or federal requirements related to public health and safety.

2.    Emergency Proclamation/Declared Disaster.

a.    Pierce County may designate either private or public property with authorization of property owner or appropriate controlling agency for the purpose of temporarily receiving, staging and processing waste generated during or after an Executive/State proclaimed Emergency or Federal declaration of Disaster. Designated property may be predetermined or selected at the time of the proclaimed/declared Emergency or Disaster to accommodate emergent debris removal efforts posing an immediate threat to public health and safety or hindering recovery efforts.

b.    For the purpose of this Section, an Emergency proclamation or declaration of Disaster may be made by any of the following: Pierce County Executive, Pierce County Council, Washington State Governor, or the President of the United States.

c.    Designated property shall only be utilized during, and immediately following a proclaimed Emergency or declared Disaster; not to exceed 180 days unless a time extension is granted. Time extensions may be granted by the Director on a case by case basis. Requests must be submitted in writing, provide justification for the extension, and specify the additional time needed. Every reasonable effort will be utilized to return the property to its pre-use condition within one year after on-site recovery operations cease.

d.    Designated property as described shall not be exempt from applicable local, state or federal requirements related to public health and safety.

H.    Shoreline Accessory Uses. Please refer to Title 18S PCC, Development Policies and Regulations – Shorelines, for accessory use standards applicable within a shoreline area.

(Ord. 2018-68s § 3 (part), 2018; Ord. 2017-12s § 2 (part), 2017; Ord. 2015-25s § 2 (part), 2015; Ord. 2013-45s4 § 3 (part), 2015; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 5 (part), 2013)