§ 155.336 TEMPORARY USES AND STRUCTURES.

This § 155.336 establishes standards for temporary uses and structures to allow for appropriate short-term events and activities while limiting impacts on neighboring properties and the general public.

(Ord. 885-C.S., passed 5-21-19)

• (A) Applicability. This section applies to all temporary uses and structures in Eureka.

• (B) Permit requirements. Specific types of temporary uses and structures are allowed either:

• (1) By-right without Department approval (see § 155.336.040); or

• (2) With a zoning clearance (see § 155.336.050).

(Ord. 885-C.S., passed 5-21-19)

(A) Standards for all temporary uses and structures. All temporary uses and structures must comply with the following standards.

(1) Encroachment permit. Temporary uses and structures may not be located in the public right-of-way without an encroachment permit.

(2) Business license required. Any person engaging in commercial activity or conducting a business in any manner as part of a temporary use must obtain a City of Eureka business license.

(3) Nuisance. A temporary use or structure may not constitute a public nuisance as defined in Municipal Code § 150.163 (Public Nuisance Specified).

(4) Obstructions. A temporary use or structure may not obstruct pedestrian or vehicular traffic or block a driveway or alleyway.

(5) Trash and litter. Temporary uses must provide on-site trash receptacles as needed to keep the site free of trash and debris.

(6) Site condition after use. Upon completion and removal of a temporary use, the site must be cleaned of debris and litter and returned to its original state. Temporary uses and structures may not result in permanent alterations to the site.

(7) Other applicable requirements. Temporary uses and structures must comply with all other applicable standards in the Zoning Code and Municipal Code, including, but not limited to:

• (a) Lighting standards in § 155.308.050 (Outdoor Lighting);

• (b) Sign standards § 155.340.090 (Temporary Signs); and

• (c) Noise limitations in Municipal Code §§ 94.01 et seq. (Noise).

(B) Applicant agreement. An applicant requesting approval of a temporary use or structure requiring a zoning clearance must agree in writing to comply with all applicable standards as provided in this section.

• (Ord. 885-C.S., passed 5-21-19)

The following temporary uses and structures are allowed without a zoning clearance or any other form of Department approval:

(A) On-site construction yards and equipment. A construction yard on the same site as an approved construction project, including a trailer or modular unit used for security personnel, storage, office or other similar temporary use, dumpsters and other

construction equipment. Construction yards, trailers and equipment must be removed within ten days of completion of the construction project, or the expiration of the building permit, whichever occurs first;

(B) Garage sales. Garage sales for individual residences limited to three, one- to two-day events per calendar year. One block or neighborhood sale per calendar year is allowed in addition to individual sales;

(C) Portable moving and storage containers. Moving and storage containers delivered to a home, loaded by residents and delivered to another location, for a maximum of two weeks on private property. Containers placed in a street must comply with the City of Eureka Traffic Code Ch. 72 (Stopping, Standing and Parking);

(D) Dumpsters. Dumpsters used to collect and store debris from building demolition and property clean-up activities are allowed on private property for the duration of the building permit or 30 days;

(E) Outdoor fundraising events. Outdoor fundraising events on commercial sites when sponsored by a non-profit organization directly engaged in civic or charitable efforts. Outdoor fundraising events are limited to two days each month for each sponsoring organization;

(F) Catering. Mobile food vendors operating as caterers to private events when food or beverages are not sold to the general public; and

(G) Recreational vehicles (RVs).

(1) A recreational vehicle (RV), motor home, camper or other similar vehicle as follows:

(a) Used for living and sleeping purposes on a site with an active building permit for a construction project associated with an existing, or proposed single-family home. Vehicles may be occupied only by the property owner and the property owner’s family. Vehicles must be removed within ten days of completion of the construction project, or the expiration of the building permit, whichever occurs first.

(b) Used for temporary living and sleeping purposes when associated with a single-family home (e.g., visiting relatives) for a maximum of 14 consecutive days and a maximum of 45 days per calendar year.

(c) Used for emergency housing during a declared shelter crisis on city-owned or -leased properties specifically designated as safe parking facilities under the city's shelter crisis declaration.

(2) A recreational vehicle (RV), motor home, camper or other similar vehicle located outside of a legally established recreational vehicle park may not be used for living or sleeping purposes, except as allowed in division (G)(1) above. (Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22)

The following temporary uses and structures require a zoning clearance.

(A) Seasonal sales. Seasonal sales (e.g., Christmas trees, pumpkins) for a maximum of 60 days, no more than four times per year on a single property.

(B) Outdoor sales events. Outdoor sales events conducted by a permanent on-site use for a maximum of 30 days in any 180-day period.

(C) Traveling sellers. Temporary outdoor retail sales not associated with a permanent on-site use conducted in a fixed location as follows.

(1) A traveling seller may conduct sales for a maximum of 14 days and no more than four times per year on a single property. After 14 days, a traveling seller must move to a new location 1,000 feet or more from the previous location.

(2) Traveling sellers may locate only on commercial property, and only with approval of the property owner. Sales activities are not permitted in the public right-of-way.

(3) Retail sales from a vehicle are not subject to these limitations. See § 155.304.090 (Mobile Vendors).

(D) Metal shipping containers. Metal shipping containers (e.g., CONEX boxes) in residential and mixed-use zoning districts, not to exceed 30 days.

(E) Expansion or replacement facilities. Temporary work space for employees during construction or remodeling of a permanent building. Temporary space may be provided in trailers or transportable buildings that are pre-constructed and arrive at the site ready for occupancy and are readily removed and installed at other sites. Structures must be removed within ten days of completion of the construction project, or the expiration of the building permit, whichever occurs first.

(F) Tiny houses on wheels. Tiny houses on wheels when permitted as an accessory dwelling unit in a residential zone district pursuant to § 155.304.130 (Tiny Houses on Wheels).

(G) Other temporary uses. Other temporary uses compatible with the applicable zoning district and surrounding land uses as determined by the Director.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 938-C.S., passed 11-1-22)