Chapter 19.35
TEMPORARY USES/TEMPORARY HOUSING UNITS
Sections:
19.35.030 Temporary structures.
19.35.040 Temporary housing units.
19.35.050 Temporary personal wireless telecommunication facility.
19.35.060 Coordination with other City codes.
19.35.010 Purpose.
The purpose of this chapter is to establish certain allowed seasonal uses and certain temporary uses and structures and provide standards and conditions for regulating such uses and structures. Temporary uses are uses that do not require permanent construction and which are approved with a specified time limit.
(Ord. 741 § 1 (Exh. F), 2020; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.35.020 Temporary uses.
It is the intent of this chapter to regulate certain temporary uses of property which are not otherwise regulated by other City ordinances or regulations.
A. Nonresidential temporary uses may occur in any nonresidential zone, or on nonresidential property on arterial streets within residential zones for a period not to exceed 45 days in any 12-month period. Examples of temporary uses include Christmas tree sales, fireworks stands, flower stands, outdoor sales of general merchandise, promotions, and farmers’ markets.
B. Temporary uses are subject to the following requirements:
1. Setback requirements of the zone shall be met for any temporary structure or recreational vehicle.
2. The use will not result in significant traffic, off-street parking, drainage, fire protection, or other adverse impacts. In the case of off-street parking, any required off-street parking for an existing use shall not be diminished below minimum standards.
3. Temporary sign permits shall be required for all signs and are subject to the provisions of Chapter 19.75 UPMC.
4. The use must provide sanitary facilities if the Health Department finds it is necessary.
5. The use must not infringe on the public right-of-way.
6. A performance bond, the amount to be determined by the Director, shall be posted upon the Director’s determination that it is necessary to guarantee the removal of the use and that the area be restored to the Director’s satisfaction.
7. An affidavit signed by the property owner stating that the property is being used for the temporary use with their consent and indicating the number of days the use is permitted to remain on the property.
C. Residential Zone Temporary Uses. The following residential temporary uses are allowed on private property subject to the following requirements:
1. Yard, estate and similar types of sales as an accessory use to a residential property provided sales last no more than four consecutive days and are held no more than three times per calendar year, provided:
a. Merchandise offered for sale is only displayed during the duration of the sale; and
b. Signs are in compliance with UPMC 19.75.090(I).
2. A portable storage unit for a period not to exceed two weeks and no more than four times per calendar year, except such units may be permitted for the duration of a construction permit.
(Ord. 741 § 1 (Exh. F), 2020; Ord. 688 § 1 (Exh. A), 2017; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.35.030 Temporary structures.
Temporary structures may be allowed subject to the following:
A. In conjunction with a seasonal use identified in this chapter.
B. Recreational vehicles including boats stored on land shall not be used as permanent or temporary housing units in any zone except as temporary housing units specifically permitted in Chapter 19.30 UPMC and this chapter.
C. Temporary Construction Buildings. One or more temporary structures for the housing 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. The temporary construction building shall be removed from the site within 30 days after completion of the project or 30 days after cessation of work.
D. 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 subdivision upon which the office is located; and provided further, that if the subdivision is in any R1 or R2 zone, the temporary real estate office shall be removed when 90 percent of the lots within the approved subdivision have been sold or, in the event of a subdivision with 10 or fewer lots, three or fewer are unsold.
(Ord. 741 § 1 (Exh. F), 2020; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.35.040 Temporary housing units.
A. Temporary Housing Unit – Construction. A “temporary housing unit, 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 provided:
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 front or side yard.
3. An administrative use permit is required and shall be valid for the life of the construction permit, not to exceed one year.
4. The applicant shall post a bond or other financial guarantee sufficient to cover the removal of the unit.
B. Temporary Housing Unit – Public Facility. A “temporary housing unit, public facility” is a single-wide mobile home or manufactured home to be used at public schools, fire stations, parks or other public facilities for the purpose of providing on-site security, surveillance, and improved service at public facilities provided:
1. The unit is not located in any required front or side yards or designated open space.
2. Prior to the issuance of a temporary permit, the site shall be reviewed by the Health Department to determine additional requirements for water supply and/or septic waste disposal or adequacy of existing utilities.
3. In the event the site contains trees or other natural vegetation of a type and quantity to make it possible to partially or totally provide screening on one or more sides of the security unit, the unit will be located so as to take advantage of the natural growing material available to screen said unit from abutting properties.
4. The building permit shall be valid until a permanent housing unit is incorporated into the public facility; at such time, the temporary unit shall be removed.
C. The Director may authorize a mobile or manufactured home as caretaker quarters in commercial and industrial zones subject to the following:
1. The initial approval of such caretaker’s quarters shall be for no more than one year.
2. Prior to approval, the Director shall receive from the Police Chief sufficient advice that there is need for a caretaker on the subject site.
3. The applicant shall post a bond or other financial guarantee sufficient to cover the removal of the unit.
4. Renewal may be sought on a year-by-year basis for no more than the aggregate of five years and provided all other criteria remain valid and there is evidence that the unit is maintained and operated in a clean, safe and attractive manner.
D. Temporary Housing Units – Medical Situations. “Temporary housing unit” means a mobile or manufactured home which is located temporarily on a lot, parcel or tract of land. The applicant must submit an affidavit that the requirements specified herein will be maintained, and a letter from a licensed physician stating that the person occupying the temporary housing unit is, because of age, disability, prolonged infirmity, or other similar incapacitation, unable to independently maintain a separate type of residence without human assistance.
E. Occupancy of all types of (construction, public facility, medical) temporary housing units shall require written approval from the City. Temporary housing units shall meet the following requirements:
1. The mobile or manufactured home is one bearing the seal of the State Department of Labor and Industries and/or HUD.
2. The mobility and towing gear of the mobile home shall not be removed, and the temporary housing unit shall not be permanently affixed to the land except for temporary connections to utilities necessary to service the temporary unit. 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.
3. Temporary housing units having a width in excess of 14 feet shall be permitted only on lots or tracts of land having a total area of one acre or more.
4. The temporary housing unit shall not be located in any required yard or open space required by this code nor shall the unit be located closer than 20 feet nor more than 100 feet from the principal dwelling on the same lot.
5. In the event the site contains trees or other natural vegetation of a type and quantity to make it possible to partially or totally provide screening on one or more sides of the temporary housing unit, the Director may require the temporary housing unit to be located so as to take advantage of the natural growing material available on the site to screen said unit from abutting property.
6. Prior to the issuance of a temporary housing permit, the City 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.
7. The temporary housing unit shall be removed from the lot or tract of land not more than 30 days from the date the temporary permit expires or occupancy ceases.
F. Renewals. Temporary medical housing permits shall be valid for the period of time the parent or close relative resides in the mobile home; provided, that after obtaining initial approval, annual renewals of the temporary housing permit must be obtained from the Department. When obtaining a renewal, the Director shall confirm by affidavit from the applicant and by a letter from a licensed physician stating that the person occupying the temporary housing unit is, because of age, disability, prolonged infirmity, or other similar incapacitation, unable to independently maintain a separate type of residence without human assistance 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.
(Ord. 741 § 1 (Exh. F), 2020; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 423 § 61, 2004; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.35.050 Temporary personal wireless telecommunication facility.
A temporary personal wireless telecommunication facility shall be permitted for a maximum of 90 days subject to an administrative use permit or during an emergency declared by the City.
(Ord. 741 § 1 (Exh. F), 2020; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.35.060 Coordination with other City codes.
A. Temporary uses shall comply with all applicable adopted City ordinances.
B. Uses regulated by the home occupation regulations are not subject to the provisions of this chapter.
(Ord. 741 § 1 (Exh. F), 2020; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).