Chapter 21.36
TEMPORARY USES

Sections:

21.36.010    Temporary use permits – Uses requiring permits.

21.36.020    Temporary use permits – Exemptions to permit requirement.

21.36.030    Temporary use permits – Duration and frequency.

21.36.040    Temporary use permits – General requirements.

21.36.050    Temporary use permits – Mobile vendors.

21.36.060    Temporary education or public facilities.

21.36.070    Temporary construction buildings.

21.36.080    Temporary construction residence.

21.36.090    Temporary mobile home for medical hardship.

21.36.100    Temporary real estate offices.

21.36.110    Temporary personal wireless service facilities.

21.36.120    Temporary encampments.

21.36.010 Temporary use permits – Uses requiring permits.

Temporary uses are those uses that are of a limited duration and/or frequency or comprise multiple related events over a specified period. Except as provided by WMC 21.36.020, a temporary use permit shall be required for the following activities:

(1) Uses not otherwise permitted in the zone that can be made compatible for periods of limited duration and/or frequency;

(2) Limited expansion of any use that is otherwise allowed in the zone but which exceeds the intended scope of permit approval;

(3) Temporary structures subject to WMC 21.36.050 through 21.36.110; or

(4) Businesses operating as mobile vendors. (Ord. 611 § 8 (Att. A), 2016)

21.36.020 Temporary use permits – Exemptions to permit requirement.

(1) The following uses shall be exempt from the provisions of this chapter when located in the CBD, GB, NB, TB, O, or I zones when the use does not exceed a total of 14 days each calendar year:

(a) Activities subject to a special event permit pursuant to Chapter 8.12 WMC;

(b) Temporary sales conducted by businesses on private property, such as holiday sales, grand opening sales, or anniversary sales; and

(2) Any use not exceeding a cumulative total of two days each calendar year shall be exempt from requirements for a temporary use permit. (Ord. 611 § 8 (Att. A), 2016)

21.36.030 Temporary use permits – Duration and frequency.

Temporary use permits shall be limited in duration and frequency as follows, unless specified otherwise in WMC 21.36.050 through 21.36.110:

(1) The temporary use permit shall be effective for no more than 180 days from the date of the first event or occurrence;

(2) The temporary use shall not exceed a total of 60 days and applies only to the days that the event actually takes place;

(3) The temporary use permit shall specify a date upon which the use shall be terminated and removed;

(4) A temporary use permit shall not be granted for the same temporary use on a property more than once per calendar year; and

(5) A temporary use permit may be granted for multiple temporary uses on a property once per calendar year. (Ord. 611 § 8 (Att. A), 2016)

21.36.040 Temporary use permits – General requirements.

(1) Parking and access for proposed temporary uses shall be determined by the Development Services Director.

(2) The applicant for a proposed temporary use shall provide any parking/traffic control attendants as specified by the Public Works Director. (Ord. 611 § 8 (Att. A), 2016)

21.36.050 Temporary use permits – Mobile vendors.

Mobile vendors shall include those businesses or persons who engage in selling goods, services, or food from a temporary structure, vehicle, or other conveyance. Mobile vendors may be permitted on private property, provided all of the following requirements are met:

(1) Mobile vendors may operate in one location for a maximum of 12 hours per any 24-hour period;

(2) The temporary structure, vehicle, or other conveyance shall be allowed on the premises for no longer than seven consecutive days;

(3) All facilities associated with the mobile vendor shall be located outside of emergency or fire access lanes and public rights-of-way as to not obstruct access or sight distance of a sidewalk, street, or other public place;

(4) No sound generating devices, such as radios or speaker systems, producing sound distinguishable from 50 feet away may be used;

(5) Authorization is granted from the property owner on the location and hours of operation;

(6) Vendors shall be responsible for collecting trash within 50 feet of the vending area at the close of each business day and disposing of trash off site or in an approved receptacle;

(7) Mobile vendors shall provide documentation of the following:

(a) City of Woodinville business license;

(b) Current vehicle registration, if applicable;

(c) Current King County Public Health mobile food service permit, if applicable; and

(d) Site plan identifying temporary structures, vehicles, queuing areas, tables, tents, waste receptacles, and other pertinent information, as determined by the City;

(8) A copy of the temporary use permit shall be kept on the temporary structure, vehicle, or other conveyance available for public inspection. (Ord. 611 § 8 (Att. A), 2016)

21.36.060 Temporary education or public facilities.

Temporary education or public structures may be permitted; provided, that such structures are:

(1) Allowed only during periods of permit review by the appropriate permitting agency and active construction or remodeling;

(2) Do not exceed the capacity or square footage of the structure to be constructed or remodeled; and

(3) Removed within 30 days of project completion or cessation of work. (Ord. 611 § 8 (Att. A), 2016)

21.36.070 Temporary construction buildings.

Temporary structures for storage of tools and equipment or for supervisory offices may be permitted for construction projects; provided, that such structures are:

(1) Allowed only during periods of active construction; and

(2) Removed within 30 days of project completion or cessation of work. (Ord. 611 § 8 (Att. A), 2016)

21.36.080 Temporary construction residence.

(1) A mobile home may be permitted on a lot as a temporary dwelling for the property owner; provided, a building permit for a permanent dwelling on the site has been obtained.

(2) The temporary mobile home permit shall be effective for a period of 12 months. The permit may be extended for one additional period of 12 months if the permanent dwelling is constructed with a finished exterior by the end of the initial approval period.

(3) The mobile home shall be removed within 90 days of:

(a) The expiration of the temporary mobile home permit; or

(b) The issuance of a certificate of occupancy for the permanent residence, whichever occurs first. (Ord. 611 § 8 (Att. A), 2016)

21.36.090 Temporary mobile home for medical hardship.

(1) A mobile home may be permitted as a temporary dwelling on the same lot as a permanent dwelling, provided:

(a) The applicant demonstrates the temporary dwelling is necessary to provide daily care to an individual certified by a physician as needing such care;

(b) The primary provider of daily care shall reside on site; and

(c) The mobile home together with the permanent residence shall meet the setback, height, building footprint, and lot coverage provisions of the applicable zone.

(2) Temporary mobile home permits for medical hardships shall be effective for 12 months. Extensions of the temporary mobile home permit may be approved in 12-month increments subject to demonstration of continuing medical hardship.

(3) The mobile home shall be removed within 90 days of:

(a) The expiration of the temporary mobile home permit; or

(b) The cessation of provision of daily care. (Ord. 611 § 8 (Att. A), 2016)

21.36.100 Temporary real estate offices.

One temporary real estate office may be located on any new residential development; provided, that activities are limited to the initial sale or rental of property or units within the development. The office use shall be discontinued within one year of recording of a subdivision or short subdivision, or issuance of a final certificate of occupancy in the case of an apartment development. (Ord. 611 § 8 (Att. A), 2016)

21.36.110 Temporary personal wireless service facilities.

(1) The placement and use of temporary personal wireless service facilities shall conform to required setbacks, shall be maintained in a good and safe condition, and shall comply with all applicable Federal, State and local rules and regulations.

(2) A temporary personal wireless service facility may be used to evaluate the technical feasibility of a particular site for no more than three days. Provided, with the Development Services Director’s approval, an extension may be granted to a maximum of 15 days.

(3) Unless otherwise approved by the Development Services Director, temporary personal wireless service facilities may be used to provide emergency personal wireless services during natural disasters and other emergencies for no more than 30 days. (Ord. 611 § 8 (Att. A), 2016)

21.36.120 Temporary encampments.

(1) This section applies to temporary encampments which house groups of persons experiencing homelessness, excluding indoor temporary housing or indoor sleeping accommodations to homeless persons.

(2) Only the following entities can establish a temporary encampment described in subsection (1) of this section:

(a) Religious organizations as set forth in the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. Chapter 21c;

(b) Any 501(c) Internal Revenue Service recognized nonprofit organization having expertise managing facilities for homeless persons;

(c) Government agencies that provide services for homeless persons.

(3) Temporary encampments are permitted on public or private property, except R-1 zoned properties having ownership not listed in subsection (2) of this section.

(4) Temporary encampments must satisfy the following requirements:

(a) No more than 50 residents shall reside within a temporary encampment;

(b) The temporary encampment must be sponsored and/or managed by one or more of the entities set forth in subsection (2) of this section;

(c) The property must be sufficient in size to accommodate the temporary encampment;

(d) The temporary encampment must be located at least 20 feet from any property line abutting a property having an existing residential use, and 10 feet from all other property lines;

(e) A sight-obscuring screen shall be erected around the outer perimeter of the temporary encampment consisting of any combination of fencing, landscaping, existing structures, or other screening methods approved by the Director;

(f) The temporary encampment shall make adequate accommodations that ensure the general health, welfare and safety of the residents including, but not limited to, potable water, sanitation facilities, solid waste removal, fire protection, electricity, noise control and security;

(g) Suitable on-site parking and space for deliveries must be provided; and

(h) No permanent structures are constructed under the provisions for this section.

(5) The operating of a temporary encampment shall include the following:

(a) A point of contact shall be appointed and on file with the City for managing and enforcing the terms of the temporary use permit;

(b) A code of conduct for living at the temporary encampment shall be established specifying:

(i) Operating policies;

(ii) Restrictions on drugs, alcohol, weapons, violence, open flames;

(iii) Prohibitions on smoking in public places, littering, loitering and/or trespassing on nearby properties; and

(iv) Establishment of quiet hours;

(c) Establishment of measures that ensure compliance with all applicable State and local regulations as well as the code of conduct for the temporary encampment;

(d) The sponsor and/or managing entity shall take all reasonable and legal steps to:

(i) Obtain verifiable identification from current and prospective encampment residents and use such identification to obtain sex offender and warrant checks from agencies; and

(ii) If said warrant and sex offender checks reveal either (A) 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 (B) the individual who is 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 the sponsoring and/or managing entity will reject the individual who is the subject of the check for residency in the temporary encampment, or eject the individual who is the subject of the check from the temporary encampment if that person is already a resident of the temporary encampment; and

(iii) Notify the City’s Police Department if an individual is ejected from the encampment due to an active warrant or match on a sex offender check, or if the individual appears to pose a threat to the community; and

(e) The managing entity shall allow access for inspections by public agency officials for the purposes of ensuring public health, safety, and welfare and for monitoring compliance with the requirements set forth herein and the conditions of approval of the temporary use permit.

(6) Timing.

(a) A temporary use permit may authorize the occupation of a temporary encampment for up to a maximum of 150 days after which all temporary facilities of the encampment must be removed within seven calendar days;

(b) Only one temporary encampment is allowed on the same property during any 365-day period with a minimum 180 days separating the erecting of another temporary encampment on the same property.

(7) Submission of an application for a temporary use permit for a temporary encampment shall include the following:

(a) A written project summary specifying the following information:

(i) The date the temporary encampment will commence;

(ii) The length of time the temporary encampment will be erected;

(iii) The maximum number of residents proposed;

(iv) The manner in which the temporary encampment will comply with the requirements of this section;

(b) Site plan drawing identifying the location of all sleeping tents, sanitation facilities including restrooms and showers, cooking facilities, waste receptacles, water facilities, sanitary sewer or human waste disposal facilities, parking and delivery space facilities, and any other pertinent information identified by the Director as being necessary to show compliance with this section;

(c) Name and contact information of the sponsor, managing agency and, if applicable, other point of contact information;

(d) Property owner’s authorization for the temporary encampment’s use of the property;

(e) A copy of the proposed code of conduct and operating agreement;

(f) Information on transportation and transit services to and from the encampment; and

(g) In the case of nonreligious organizations, evidence of the organization’s ability to successfully and safely operate a temporary encampment for homeless persons.

(8) Decision Criteria. A temporary use permit for a temporary encampment may be approved by the director if the following criteria are satisfied:

(a) Adequate provisions are made for public health and safety;

(b) The proposed use will not be materially detrimental to the public welfare or injurious to the property or nearby improvements; and

(c) The proposed use satisfies the requirements of this section and all other applicable local, State and Federal regulations.

(9) Miscellaneous Provisions.

(a) Conditions of Approval.

(i) Because each temporary encampment has unique characteristics such as size, duration, uses, number of occupants and composition, the Director is authorized to impose conditions on the approval of a temporary use permit;

(ii) Conditions, if imposed, must be intended to minimize nuisance-generating features in matters of noise, waste, air quality, unsightliness, traffic, physical hazards and other similar matters.

(b) The Director may modify the submittal requirements to request more or less information if determined appropriate to achieve the purpose of this chapter.

(c) If the sponsoring and/or managing entities, upon being notified by the Director in writing, fail to act to correct any violations in a reasonable time, the temporary use permit may be revoked.

(d) The provisions for temporary uses set forth in WMC 21.36.030, 21.36.040 and 21.80.260 shall not apply to temporary encampments. (Ord. 644 § 1, 2018)