Chapter 18.47
TEMPORARY USES
Sections:
18.47.050 Criteria for approval.
18.47.070 Removal of a temporary use.
18.47.010 Purpose.
To provide an administrative approval process whereby the city may permit uses to locate within the city on an interim basis without requiring full compliance with the development standards for the applicable zoning district, or by which the city may allow seasonal or transient uses not otherwise permitted. Temporary use is defined in WMC 18.06.1230. (Ord. 1421 § 1, 2001)
18.47.020 Permit required.
(1) No temporary use shall be permitted within the city except in accordance with the provisions of this chapter. A temporary use permit is required for temporary uses except those specifically exempted pursuant to WMC 18.47.040, Exemptions.
(2) The property owner or the agent of the property owner may apply for a temporary use permit on private property. (Ord. 1421 § 1, 2001)
18.47.030 Application.
The application for a temporary use permit shall be submitted on forms obtained from the community development department. The application shall contain all the information required by the city. The community development department shall verify that the application is consistent with the requirements of this chapter, and the application contains proof of a legitimate business, if applicable. Temporary uses shall be processed in accordance with Chapter 18.94 WMC, Procedures, and shall be classified as a Type I administrative application.
As a condition of approval a business license is required per Chapter 5.04 WMC, Annual Business Registration. (Ord. 1886 § 1 (Exh. A), 2019; amended during 9/08 supplement; Ord. 1421 § 1, 2001)
18.47.040 Exemptions.
The following activities are exempt from the permit requirements of this chapter, but shall comply with other substantive requirements of this chapter, unless specifically noted otherwise:
(1) Garage sale and yard sale;
(2) City sponsored uses or nonprofit uses and activities not occurring within a structure, and occurring at regular periodic intervals (i.e., weekly, monthly, yearly, etc.). (Ord. 1421 § 1, 2001)
18.47.050 Criteria for approval.
The city community development director or designee may approve or modify and approve an application for a temporary use permit if the application satisfies all of the following criteria:
(1) The temporary use will not be materially detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity;
(2) The temporary use is compatible with the purpose and intent of this title, and the specific zoning district in which it will be located in accordance with this title;
(3) The temporary use is compatible in intensity and appearance with existing land uses in the immediate vicinity;
(4) Structures proposed for the temporary use comply with the setback and vision clearance area requirements of this title, and with applicable provisions of the building and fire codes;
(5) Adequate parking is available to serve the temporary use, and if applicable, the temporary use does not occupy required off-street parking areas for adjacent or nearby uses;
(6) Access to the site is appropriate considering the anticipated volume of traffic resulting from the use;
(7) Hours of operation of the temporary use are specified;
(8) The temporary use will not cause noise, light, or glare which adversely impacts surrounding land use;
(9) The physical conditions of the site, including size, shape, topography and drainage are suitable for the proposed use;
(10) The community development director may authorize a temporary use permit for a use not specifically listed in WMC Title 18, Zoning.
(11) The director and/or designee may impose, in addition to regulations and standards expressly specified in this title, other conditions found necessary to protect the best interests of the surrounding property or neighborhood, or the city as a whole, if supported by findings of fact. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1421 § 1, 2001)
18.47.060 Time limitation.
A temporary use is valid for up to 60 calendar days from the effective date of the permit. However, the community development director may establish a shorter period. The director may grant one extension not to exceed 30 days, upon the applicant showing compliance with all conditions of permit approval. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1421 § 1, 2001)
18.47.070 Removal of a temporary use.
The director shall establish, as a condition of each temporary use permit, a time within which the use and all physical evidence of the use must be removed. If the applicant has not removed the use as required by the temporary use permit, the city may abate the use as provided in Chapter 18.96 WMC, Enforcement. (Ord. 1421 § 1, 2001)
18.47.080 Abatement.
Prior to the approval of a temporary use permit, the applicant shall submit to the city community development department an irrevocable, signed and notarized statement granting the city permission to summarily enter the applicant’s property with reasonable notice and remove all physical evidence of that use if it has not been removed as required by the terms of the permit. (Amended during 9/08 supplement; Ord. 1421 § 1, 2001)
18.47.090 Assurance devices.
In appropriate circumstances, the director may require a reasonable performance of maintenance assurance device, in a form acceptable to the finance department, to assure compliance with the provisions of this title and the temporary use permit as approved. (Ord. 1421 § 1, 2001)