Chapter 19.160
TEMPORARY USE PERMITS

Sections:

19.160.010    Purpose.

19.160.020    Permit type.

19.160.030    Applicability.

19.160.040    Decision criteria.

19.160.050    Conditions.

19.160.010 Purpose.

The purpose of Chapter 19.160 SVMC is to regulate certain temporary uses of property which are not otherwise regulated by other City ordinances or regulations. (Ord. 16-018 § 6 (Att. B), 2016).

19.160.020 Permit type.

Temporary use permits (TUPs) are classified as a Type I permit and shall be processed pursuant to the provisions of SVMC 17.80.070. (Ord. 16-018 § 6 (Att. B), 2016).

19.160.030 Applicability.

The department may issue a TUP for the types of temporary uses as listed in SVMC 19.160.040. (Ord. 16-018 § 6 (Att. B), 2016).

19.160.040 Decision criteria.

A. Interim Uses. The department may issue a TUP to allow an owner, developer, contractor, tenant, lessee, or other occupant to conduct an otherwise permitted use on their property at the same time they are improving the property to the required City standards pursuant to the following conditions:

1. The TUP may be issued for a period up to six months and may be extended for an additional three months if the applicant has acted in good faith towards compliance of the original permit.

2. The department may issue the permit only if the proposed use is consistent with the following findings of fact:

a. The request is reasonable and there is no other practical alternative;

b. Adverse impacts associated with the temporary use are appropriately mitigated and such temporary use will not cause a hazard to the occupants or to neighboring properties;

c. A hardship is involved that cannot otherwise be reasonably resolved; and

d. A performance surety in the amount of any required improvements shall be posted guaranteeing the completion of the project.

B. Seasonal Uses and Short-Term Recreational and Economic Development Uses. The department may issue a TUP to allow sales of seasonal goods in any nonresidential zone for a period not to exceed six months in any 12-month period. The use may not meet the standards normally associated with a permanent use if the department finds that the temporary use is consistent with the following:

1. The use shall be consistent with the permitted uses in the zone;

2. The use shall be an appropriate use of the property pending the permanent long-term use;

3. The use shall not result in significant traffic, parking, drainage, fire protection, or other adverse impacts that cannot be appropriately mitigated;

4. The use shall provide a sanitary facility if the department determines it is necessary to do so; and

5. Failure to comply with the conditions of the permit shall result in suspension or revocation of the TUP.

C. Temporary Uses Associated with Construction Permits. The department may issue a TUP for activities associated with construction projects including, but not limited to, equipment storage yards, job shacks, materials storage yards, or living quarters which are not otherwise permitted outright by City ordinances or regulations. The department may issue a TUP if it finds the proposal is consistent with the following:

1. The use shall not pose a hazard or be a detriment to the surrounding area;

2. The use shall not result in significant traffic, parking, drainage, fire protection, or other adverse impacts;

3. The temporary use shall be reviewed every six months to determine if the temporary use is still valid; if not, the department shall terminate the TUP; and

4. The temporary use shall be vacated upon completion of the associated construction project or pursuant to SVMC 19.160.040(C)(3). (Ord. 16-018 § 6 (Att. B), 2016).

19.160.050 Conditions.

The department may include any conditions deemed necessary in order to reasonably mitigate any adverse impacts anticipated from a requested TUP. (Ord. 16-018 § 6 (Att. B), 2016).