Chapter 23.116 — Temporary Use Permits

Temporary use permits (TUP) provide a process for administrative review and determinations to allow short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. Provisions in this chapter place restrictions on the duration of the temporary use, its location, and other development standards. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing in the community. (Ord. 27-2008 § 1 (Exh. A § 1.6.010); Ord. 12-2011 § 3 (Exh. A); Ord. 13-2013 § 4 (Exh. B); Ord. 4-2017 § 3 (Exh. B))

• A. Permit Required. Those temporary uses listed in RCMC § 23.922.030(B) are required to get a temporary use permit.

• B. Exempt Activities. Those temporary uses listed in RCMC § 23.922.030(A) are exempt from the temporary use permit requirements.

(Ord. 27-2008 § 1 (Exh. A § 1.6.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

An application for a temporary use permit shall be filed in accordance with RCMC § 23.110.040 (Application requirements). (Ord. 4-2017 § 3 (Exh. B))

Temporary use permits are a nondiscretionary entitlement decided by the director as designated in RCMC § 23.104.030 (Recommending and approval authority).

(Ord. 4-2017 § 3 (Exh. B))

No public hearing is required for review and processing of a temporary use permit. (Ord. 4-2017 § 3 (Exh. B))

Written notice of decision shall be provided within three business days of the date of decision to the applicant. (Ord. 4-2017 § 3 (Exh. B))

The approval authority shall approve, or approve with conditions, an application for a temporary use permit after finding all of the following. If the approval authority does not make all of these findings, the temporary use permit shall not be approved.

• A. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

• B. The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

• C. The use is consistent with all applicable provisions of this zoning code, municipal code, General Plan, and any applicable Specific Plans or city regulations/standards.

• D. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code.

• (Formerly 23.116.040; Ord. 27-2008 § 1 (Exh. A § 1.6.040); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

In approving a temporary use permit, the approval authority may impose conditions as follows:

• A. Measures to minimize impact on adjacent uses, such as buffers, hours of operation, lighting requirements, and/or parking measures.

• B. Property maintenance requirements to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.

• C. The approval authority may require appropriate performance guarantees/security before initiation of the use to ensure proper cleanup after the use is finished.

• D. Other conditions of approval deemed reasonable and necessary to ensure that the approval would be in compliance with the findings above.

(Formerly 23.116.050; Ord. 27-2008 § 1 (Exh. A § 1.6.050); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

Temporary use permits are not subject to appeal. (Ord. 4-2017 § 3 (Exh. B))

Temporary use permits shall expire one year from the date of approval unless otherwise indicated in the conditions of approval. (Ord. 4-2017 § 3 (Exh. B))

An applicant may request an amendment to a temporary use permit after the final written decision is issued. Amendments shall be processed in accordance with RCMC § 23.110.180 (Amendments). (Ord. 4-2017 § 3 (Exh. B))