Richmond Municipal Code Art. 15.04.807 Temporary Use Permits

Footnotes:

--- (9) ---

Editor's note— Ord. No. 04-23 N.S., § I(Exh. A), adopted April 18, 2023, amended art. 15.04.807, §§ 15.04.807.010—15.04.807.090 in its entirety to read as herein set out as §§ 15.04.807.010—15.04.807.120. Former art. 15.04.807, pertained to temporary use permits, and derived from the original Code and Ord. No. 30-18 N.S., § I(Exh. A), adopted Dec. 18, 2018.

A. Purpose. This article establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur, nor prevent development of future uses as envisioned by the General Plan or any applicable specific plan.

B. Applicability. A Temporary Use Permit is required for temporary uses that are not otherwise permitted in the base zoning district regulations but meet the standards of this article and for temporary uses identified in base district regulations or regulations for specific uses in Section 15.04.610.410 (Temporary Uses) required to have Temporary Use Permit.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

A. Common Procedures. An application for a Temporary Use Permit must be filed and processed in compliance with procedures in Article 15.04.803 (Common Procedures). An application must be submitted at least 30 days before the use is intended to begin. The application must include the written consent of the owner of the property or the agent of the owner.

B. Decision-Maker. The Zoning Administrator may approve, approve with conditions, or deny applications for temporary uses without a public hearing, except temporary use permits for special events, which may be approved by the Director of Community Services.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

The follow[ing] temporary activities are allowed without the necessity of obtaining a Temporary Use Permit.

A. Construction yards—On-site. On-site contractors' construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever occurs first.

B. Emergency facilities. Emergency public health and safety needs/activities.

C. Public property, or public right-of-way. Activities conducted on public property that are approved by the Council or as otherwise required by the Municipal Code.

D. Fund-raising car washes. Fund-raising car washes on property within a commercial, industrial zone, or on institutional property.

E. Events on sites approved for public assembly. An event on the site or within a religious facility, school, golf course, theater, or other similar facility designed, and approved by the City for public assembly.

F. Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business, provided that:

1. The use is authorized by a Building Permit for the trailer, and the Building Permit for the permanent structure;

2. The use is appropriate because:

a. The trailer or mobile home will be in place during construction or remodeling of a permanent commercial or manufacturing structure for a maximum of one year, or upon expiration of the Building Permit for the permanent structure, whichever first occurs; or

b. The applicant has demonstrated that the temporary work site is a short term necessity for a maximum of one year, while a permanent work site is being obtained; and

c. The trailer is removed prior to final building inspection or the issuance of a certificate of occupancy for the permanent structure.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

Within a nonresidential zone, a temporary use may be authorized for a period not to exceed 24 hours per event once a month for up to 12 events per year per site for any of the following uses:

A. A performance, exhibition, dance, celebration or festival requiring a liquor license, entertainment police permit and/or other City permit when sponsored by an organized group of residents and/or business operators in the neighborhood; or

B. A performance, dance or party requiring a liquor license, entertainment and/or other City permit, an art exhibit, or other similar exhibition in each case if sponsored by a residential or commercial tenant or group of tenants or owner-occupants of the property or structure in which the temporary use is authorized.

When multiple events are proposed within the allowable annual time limit and City permits are to be issued to a particular applicant and premises, only one permit need be granted per annual time period.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

The following uses may be authorized in a nonresidential zone for a period not to exceed 60 days:

A. Exhibition, celebration, festival, circus, or neighborhood carnival;

B. Booth for charitable, patriotic or welfare purposes;

C. Open air sale of agriculturally-produced seasonal decorations including, but not necessarily limited to, holiday or evergreen trees and Halloween pumpkins;

D. New and used auto sales;

E. Outdoor sales in a parking lot; and

F. Parking that is accessory to any temporary use listed above.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

Temporary uses authorized pursuant to this section may not exceed an initial approval period of up to five years. Extensions of this approval period may be authorized by the Zoning Administrator in increments of up to five-year periods if the authorized use does not adversely affect the future use of the property consistent with the General Plan, Zoning and applicable specific plans. More specifically, the following uses may be authorized in a nonresidential zone as temporary uses, subject to securing a building permit, if required:

A. Temporary structures and uses incidental to the construction of a building or a group of buildings, including but not limited to construction staging of materials and equipment;

B. Rental or sales office incidental to a new development, provided that it is located in the development project or in an adjacent temporary structure;

C. Structures and uses incidental to environmental cleanup and staging;

D. Parking, including that which is accessory to any temporary use listed above;

E. A temporary retail structure that accommodates an allowed retail use (per Section 15.05.110.040 (Land Use Table)); and

F. The temporary use of a specific site for the location filming of commercials, movies, videos, etc.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

Any other use that is not listed in Sections 15.04.807.030 through 15.04.807.050 but is permitted in an industrial zoning district may be permitted as a temporary use for a time period to be determined by the Zoning Administrator not to exceed 10 years, upon the determination by the Zoning Administrator that authorizing the temporary use will not have a significant adverse effect on the overall timing and phasing of future development under the General Plan and any applicable specific plan.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

The Director shall establish the following standards based on the type of temporary use:

A. Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;

B. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Code; and

C. Limitation on the duration of approved "Retail Incubator Structures" to a period of one year with up to two renewals for maximum total period of three years, so that they shall not become permanent or long-term structures. The activity may be extended for more than three years with a Conditional Use Permit.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Code.

A. Public notice. Prior to a decision on a Limited Term Permit, the City shall provide notice of a public hearing. The notice shall state that the Director will decide whether to approve or disapprove the Limited Term Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.

B. Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with State law, and the Director shall conduct the public hearing prior to a decision on the application in compliance with State law.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

The Zoning Administrator may approve an application for a Temporary Use only upon making both of the following findings:

A. The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City; and

B. The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed temporary use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing or proposed parking areas on the site of the temporary use.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

A. Conditions of Approval. The Zoning Administrator may impose reasonable conditions deemed necessary to ensure compliance with the required findings for a Temporary Use Permit listed above, including, but not limited to: regulation of ingress and egress and traffic circulation; fire protection and access for fire vehicles; regulation of lighting; regulation of hours and/or other characteristics of operation; and removal of all trash, debris, signs, sign supports and temporary structures and electrical service. The Zoning Administrator may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

B. Effective Date.

1. Permit Period 10 Days or Less. A Temporary Use Permit issued for 10 days or less becomes effective on the date the permit is approved by the Zoning Administrator, but cannot expire before the event/use that is subject to the Temporary Use Permit occurring.

2. Permit Period More than 10 Days. A Temporary Use Permit for more than 10 days becomes effective 11 days from the date the permit is approved by the Zoning Administrator.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

A. Appeals. Any party aggrieved by the decision of the Zoning Administrator to approve, approve with conditions, or deny a permit for a temporary use or structure or by the Director of Community Services to approve a temporary use permit for a special event may appeal the decision to the Planning Commission, in accordance with Section 15.04.803.140 (Appeals) if the permit period is more than 10 days or to the City Manager for a permit period of 10 days or less. In the latter case, the City Manager shall act on the appeal within 48 hours of receipt unless an extension of time is mutually agreed.

B. Expiration, Extensions and Modifications. Temporary Use Permits are effective and may only be extended or modified as provided for in Article 15.04.803 (Common Procedures).

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)