Chapter 15.475
TEMPORARY USES
Sections:
15.475.010 Authority and Application
15.475.040 Temporary Use Permits
15.475.050 Homeless Encampment – Criteria/Requirements for Approval
15.475.060 Emergency Animal Shelter/Animal Control Offices
15.475.070 Temporary Off-Site Construction Staging and Parking for Construction Workers
15.475.080 Temporary Emergency Evacuation Storage Sites
15.475.100 Coordination with Other City Codes
15.475.005 Purpose
It is the intent of this chapter to regulate certain temporary uses of property which are not otherwise regulated, beyond business license registration, by other City ordinances or regulations. (Ord. 15-1018 § 1)
15.475.010 Authority and Application
The provisions of this chapter shall apply to all temporary uses as delineated within SMC 15.475.020, Temporary Uses, through 15.475.080, Temporary Emergency Evacuation Storage Sites. (Ord. 15-1018 § 1)
15.475.020 Temporary Uses
Temporary uses that shall be regulated are as follows:
A. Carnivals, street fairs, and outdoor holiday celebrations;
B. Seasonal sales of Christmas trees, fireworks, flowers, fruits and vegetables;
C. Temporary construction sheds or trailers only for the duration of the construction activity; provided, that no residential or other use shall be made of such temporary construction sheds or trailers that is unrelated to the construction activity;
D. Temporary outdoor food events related to, and on the same site as, a restaurant;
E. Homeless encampments allowed in all zone classifications subject to the criteria and requirements listed under SMC 15.475.050;
F. Emergency animal shelters subject to the criteria located under SMC 15.475.060;
G. Animal control offices subject to the criteria located under SMC 15.475.060;
H. Temporary emergency evacuation sites in the commercial and industrial zones, subject to the criteria under SMC 15.475.080;
I. Public/private parking for off-site construction worker parking on a site containing a religious use facility or school facility with adequate parking spaces, subject to the criteria located under SMC 15.475.070. (Ord. 17-1023 § 1; Ord. 15-1018 § 1)
15.475.030 Seasonal Uses
The Director may issue a temporary and revocable permit to allow sales of seasonal goods in any nonresidential zone for a period not to exceed ninety (90) days in any twelve (12) month period. The Director shall consider the following:
A. The temporary use is not in proximity to a similar permanent use;
B. The use should be consistent with the permitted uses in the zone;
C. The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts;
D. The use must provide sanitary facilities if the Health Department finds it is necessary;
E. The use must not infringe on public right-of-way;
F. A performance bond, the amount to be determined by the Director, shall be posted to guarantee the removal of the use and that the area be restored to the satisfaction of the Director. (Ord. 15-1018 § 1)
15.475.040 Temporary Use Permits
The Director may issue a temporary use permit to allow a defined temporary use/event if finding the use consistent with the following findings of fact:
A. No significant capital outlay is required for the use or event to take place;
B. The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts;
C. The use must provide sanitary facilities if the Health Department finds it is necessary;
D. A performance bond, the amount to be determined by the Director, shall be posted to guarantee the removal of the use and the area restored to the satisfaction of the Director;
E. A temporary construction shed or trailer may be located on the subject property or on adjacent property if owned by the same property owner or with permission of the owner. (Ord. 15-1018 § 1)
15.475.050 Homeless Encampment – Criteria/Requirements for Approval
The Director may issue a temporary and revocable permit for a homeless encampment subject to the following criteria and requirements:
A. Procedure for Approval.
1. The sponsoring agency shall notify the City of the proposed homeless encampment a minimum of thirty (30) days in advance of the proposed date of establishment for the homeless encampment and at least fourteen (14) days before submittal of the temporary use permit application. The advance notification shall contain the following information:
a. The date the homeless encampment will encamp.
b. The length of encampment.
c. The maximum number of residents proposed.
d. The host location.
2. The sponsoring agency shall conduct at least one (1) public informational meeting within, or as close to, the neighborhood where the proposed homeless encampment will be located, a minimum of two (2) weeks prior to the submittal of the temporary use permit application. The time and location of the meeting shall be agreed upon between the City and sponsoring agency. All property owners within one thousand (1,000) feet of the proposed homeless encampment shall be notified fourteen (14) days in advance of the meeting by the sponsoring agency.
B. Site Criteria.
1. If the sponsoring agency is not the host agency of the site, the sponsoring agency shall submit a written agreement from the host agency allowing the homeless encampment.
2. The property must be sufficient in size to accommodate the tents and necessary on-site facilities, including, but not limited to, the following:
a. Sanitary portable toilets in the number required to meet capacity guidelines;
b. Hand-washing stations by the toilets and by the food areas;
c. Refuse receptacles; and
d. Food tent and security tent.
3. The host and sponsoring agencies shall provide an adequate water source to the homeless encampment, as approved by the local water district and the City.
4. No homeless encampment shall be located within a sensitive (critical) area or its buffer as defined under Chapter 15.700 SMC.
5. No permanent structures will be constructed for the homeless encampment.
6. No more than one hundred (100) residents shall be allowed. The City may further limit the number of residents as site conditions dictate.
7. Adequate on-site parking shall be provided for the homeless encampment. No off-site parking will be allowed. The number of vehicles used by homeless encampment residents shall be provided. If the homeless encampment is located on a site with another use, it shall be shown that the homeless encampment parking will not create a shortage of on-site parking for the other use(s) on the property.
8. The homeless encampment shall be within a quarter (1/4) mile of a bus stop with seven (7) days per week service, whenever possible. If not located within a quarter (1/4) mile of a bus stop, the sponsoring agency must demonstrate the ability for residents to obtain access to the nearest public transportation stop (such as carpools or shuttle buses).
9. The homeless encampment shall be adequately buffered and screened from adjacent right-of-way and residential properties. Screening shall be a minimum height of six (6) feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the homeless encampment behind buildings. The type of screening shall be approved by the City.
10. All sanitary portable toilets shall be screened from adjacent properties and rights-of-way. The type of screening shall be approved by the City and may include, but is not limited to, a combination of fencing and/or landscaping.
C. Security.
1. An operations and security plan for the homeless encampment shall be submitted to the City.
2. The host agency shall provide to all residents of the homeless encampment a “code of conduct” for living at the homeless encampment. A copy of the “code of conduct” shall be submitted to the City at the time of application.
3. All homeless encampment residents must sign an agreement to abide by the code of conduct and failure to do so shall result in the noncompliant resident’s immediate and permanent expulsion from the property.
4. The sponsoring agency shall keep a log of all people who stay overnight in the encampment, including names and birth dates, and dates of stay. Logs shall be kept for a minimum of six (6) months.
5. The sponsoring agency shall take all reasonable and legal steps to obtain verifiable ID, such as a driver’s license, government-issued identification card, military identification or passport from prospective and existing encampment residents.
6. The sponsoring agency will use identification to obtain sex offender and warrant checks from the King County Sheriff’s Office or relevant local police department.
a. If said warrant and sex offender checks reveal either (i) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (ii) the subject of the check is a sex offender, required to register with the County Sheriff or their county of residence pursuant to RCW 9A.44.130, then sponsoring agency will reject the subject of the check for residency to homeless encampment or eject the subject of the check if that person is already a homeless encampment resident.
b. The sponsoring agency shall immediately contact the SeaTac Police Department if the reason for rejection or ejection of an individual from the homeless encampment is an active warrant or if, in the opinion of the on-duty executive committee member or the on-duty security staff, the rejected/ejected person is a potential threat to the community.
7. The sponsoring agency shall self-police and self-manage its residents and flatly prohibit alcohol, drugs, weapons (except the lawful possession of firearms), fighting, abuse of any kind, and littering or disturbing neighbors while located on the property. Nothing in this subsection is intended to require a sponsoring agency to allow the lawful possession of firearms.
8. The sponsoring agency will appoint an executive committee member to serve “on-duty” at all times to serve as a point of contact for City of SeaTac Police and will orient the Police as to how the security tent operates. The names of the on-duty executive committee members will be posted daily in the security tent. The City shall provide contact numbers of non-emergency personnel which shall be posted at the security tent.
D. Timing.
1. The duration of the homeless encampment shall not exceed ninety (90) days.
2. No additional homeless encampments may be allowed in any twelve (12) month period beginning on the date the homeless encampment locates on a parcel of property.
3. No more than one (1) homeless encampment may be located in the City at any time.
E. Health and Safety.
1. All temporary structures within the homeless encampment shall conform to all building codes.
2. The homeless encampment shall conform to the following fire requirements:
a. Material used as roof covering and walls shall be of flame retardant material.
b. There shall be no open fires for cooking or heating.
c. No heating appliances within the individual tents are allowed.
d. No cooking appliances other than microwave appliances are allowed.
e. An adequate number and appropriate rating of fire extinguishers shall be provided as approved by the Fire Department.
f. Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the Fire Department.
g. Adequate separation between tents and other structures shall be maintained as determined by the Fire Department.
h. Electrical service shall be in accordance with recognized and accepted practice; electrical cords are not to be strung together and any cords used must be approved for exterior use.
3. The sponsoring and host agencies shall permit inspections by SeaTac staff and the King County Health Department at reasonable times without prior notice for compliance with the conditions of this permit.
F. Termination. If the sponsoring agency fails to take action against a resident who violates the terms and conditions of this permit, it may result in immediate termination of the permit. If the City learns of uncontrolled violence or acts of undisciplined violence by residents of the encampment and the sponsoring agency has not adequately addressed the situation, the temporary use permit may be immediately terminated. (Ord. 15-1018 § 1)
15.475.060 Emergency Animal Shelter/Animal Control Offices
The Director may issue a temporary and revocable permit for an emergency animal shelter subject to the following requirements and criteria:
A. King County has issued an emergency order regarding flooding in the Green River Valley to establish an emergency animal shelter or animal control offices;
B. The animal shelter or animal control offices in Kent need to be temporarily relocated due to flooding in the Green River Valley;
C. The emergency shelter or animal control office is located at a King County facility located in the park (P) zone;
D. No more than five hundred (500) animals are to be located at the facility. The animals shall only be from the shelter in Kent or strays collected by King County Animal Control Officers due to flooding of the Green River Valley;
E. The temporary use permit (TUP) shall be valid for up to one (1) year. Additional TUPs may be issued based upon an emergency order cited under subsection (A) of this section;
F. All storm drainage requirements are met; and
G. All health requirements are met and approved by the King County Health Department. (Ord. 15-1018 § 1)
15.475.070 Temporary Off-Site Construction Staging and Parking for Construction Workers
The Director may issue a temporary and revocable permit for off-site construction staging and construction worker parking subject to the following requirements and criteria:
A. The off-site construction staging and parking is allowed only for the duration of the construction;
B. The off-site construction staging and parking is located within one-quarter (1/4) mile of the construction site;
C. A “traffic plan” shall be submitted. The plan shall illustrate the travel route(s) construction workers will use to access and depart the site. Travel routes to the site shall minimize traffic impacts to residential areas;
D. The construction staging and parking surface shall, at a minimum, consist of gravel or other approved surface that will minimize erosion and provide for storm drainage controls;
E. If the off-site construction staging and parking is adjacent to a residential zone, the use of the property shall only be from 7:00 a.m. to 10:00 p.m., weekdays only. Additional days or hours of use may be authorized by the Director;
F. The property is used only for construction staging and the parking of the personal vehicles used by the construction workers;
G. The Director may authorize off-site construction worker parking only at religious use facilities or school facilities located within one and one-half (1-1/2) miles of the construction site. If a religious use facility is used and the routes construction workers use to access and depart the site pass by a public or private school facility, the applicant shall stagger the hours of arrival and departure from the site to minimize the conflicts between pedestrian and vehicular traffic of students arriving and departing the school site. In addition, the construction worker parking shall not occupy parking spaces necessary for the primary use of the site during their normal operating hours.
1. Parking shall be on an existing paved surface. No additional off-street parking spaces may be created; and
2. The site must be within one-quarter (1/4) mile of a “principal” or “minor” arterial;
H. Adjacent property owners, as determined by the Director, shall be notified of the proposed construction staging and/or construction worker parking prior to the decision to issue a temporary use permit. The cost of this notification shall be borne by the applicant;
I. In the case where off-site construction staging and construction worker parking will be on a site for more than one (1) year, the applicant shall renew their TUP on an annual basis. (Ord. 15-1018 § 1)
15.475.080 Temporary Emergency Evacuation Storage Sites
In lieu of the criteria set forth in SMC 15.475.040, the Director may issue a temporary and revocable permit for a temporary emergency evacuation storage site in the commercial and industrial zones, subject to the following requirements and criteria:
A. King County has issued an emergency order regarding flooding in the Green River Valley;
B. The applicant shall submit a signed agreement with the property owner allowing the use of the property for an emergency evacuation site;
C. The applicant meets all storm drainage requirements pursuant to Chapter 12.10 SMC;
D. If located on a developed parcel or site, the emergency evacuation storage site shall not interfere with any on-site pedestrian and vehicular circulation;
E. If located on a developed parcel or site, the emergency evacuation storage site shall not occupy any required off-street parking spaces for the primary uses of the site;
F. If located on a developed site, the emergency evacuation storage site shall not permanently remove any required landscaping on site;
G. Emergency evacuation storage sites are not allowed for hazardous waste “disposal facilities” as defined under RCW 70.105.010; and
H. The property shall only be used for the duration of time the parent property for the business using the emergency evacuation site is flooded and during the time the site is being restored to a usable condition;
I. If the temporary emergency evacuation storage site requires the prestaging of temporary structures for use in the event of flooding, the temporary structures may be located on the site prior to the anticipated flooding. In no case shall the structures be located on site for more than six (6) months in a calendar year. No structures shall be used or occupied if there is no flooding on the parent property in the Green River Valley. A performance bond, the amount to be determined by the Director, shall be posted to guarantee the removal of the use and the area restored to the satisfaction of the Director;
J. Solid screening (consisting of a chain-link fence with a fabric screen) of an emergency evacuation storage site may be required by the Director if the site is located adjacent to residential properties or is visible from an arterial street. (Ord. 17-1023 § 1; Ord. 15-1018 § 1)
15.475.090 Conditions
In order to reasonably mitigate any adverse impacts associated with a temporary use permit, the permit may be conditioned to assure such mitigation. (Ord. 15-1018 § 1)
15.475.100 Coordination with Other City Codes
A. Any temporary use permit shall comply with all applicable adopted City ordinances.
B. Any solicitor who, while selling or offering goods, wares, merchandise or anything of value, displays, advertises, or offers such goods to the passing public while standing on public way or any other place not used and licensed by such person as a permanent place of business, shall secure in addition to a solicitor’s license a temporary use permit pursuant to this chapter. Door-to-door solicitors are excluded from this requirement if they are part of a nonprofit organization, school fund-raising project, or charitable organization.
C. Uses regulated by the home occupation regulations (SMC 15.465.500, Home Occupations) are not subject to the provisions of this chapter. (Ord. 15-1018 § 1)