Chapter 18.80 — Temporary Use Permits

This Chapter provides for short-term commercial activities that may not meet the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.

• A. Director’s review. This Chapter establishes a process for the Director’s review of a proposed temporary use to ensure basic health, safety and community welfare standards are met and only suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the use are approved.

• B. Related provisions. This Chapter shall be considered and used together with the Allowed Uses and Permit Requirements tables in Article II (Zoning Districts and Allowable Land Uses) and Chapter 18.62 (Temporary Uses and Events), which identifies the following additional information regarding the applicability of a Temporary Use Permit:

  1. Exempt Temporary Uses and Events;
  • 2 Allowable Temporary Uses and Events; and
  3. General Requirements for all Temporary Uses.

The Director may approve or conditionally approve a Temporary Use Permit application, with or without conditions, only if all of the following findings can be made. The Director may instead refer any Temporary Use Permit application to the Zoning Administrator or Commission for review and decision.

• A. The temporary use will take place for no more than 90 days in any calendar year, subject to the specific time limits established for the temporary use under Section 18.62.050 (Requirements for Specific Temporary Uses and Events);

• B. For facilities that host annual and/or recurring events, the Director may require the property owner to obtain the appropriate land use permits to operate as an event center;

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• C. Adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation, if applicable, will be provided in compliance with Chapter 18.48 (Parking and Loading Standards). Temporary parking will be provided in areas not located within the public right-of-way or affecting an existing parking area so as to interfere with more than 10 percent of on-site parking spaces, established accessible parking, or with vehicular or pedestrian circulation;

• C. The proposed temporary use is in compliance with all applicable Town, State and Federal laws;

• D. The Fire Chief has determined that the proposed use would not create a fire safety hazard;

• E. The subject property is located within a commercial, industrial, or public use zoning district;

• F. If the use is occurring on Town owned property, permission from the Town Manager or their designee has been obtained;

• G. Operation of the use would not create adverse traffic safety impacts nor result in detrimental impacts upon the neighborhood in which it is to be located;

• H. The establishment, maintenance, or operation of the temporary use would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed use; and

• I. Approved measures for removal of the use and site restoration have been required to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this Development Code.

In approving a Temporary Use Permit, the Director may impose any conditions deemed reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 18.80.030 (Findings and Decision). Standards for floor areas, heights, landscaping areas, off-street parking, setbacks and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development conditions/standards for the temporary use. However, the Director may grant an adjustment from the specific requirements as deemed necessary or appropriate.

The following procedures, in addition to those identified in Chapters 18.70 (Applications, Processing and Fees) and 18.84 (Permit Implementation, Time Limits and Extensions), shall apply following the approval of a Temporary Use Permit:

• A. Condition of site following temporary use. 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 and shall thereafter be used in compliance with the provisions of this Development Code. The Director may require a cash surety as a condition of approval to ensure the site restoration and adequate cleanup after the use is finished; and

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• B. Revocation. The Director may revoke or modify a Temporary Use Permit with only a 24-hour notice, in compliance with Chapter 18.190 (Revocations and Modifications).

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18.82

Variances and Historic Variances

– CHAPTER 18.82 VARIANCES AND HISTORIC VARIANCES

Sections:

18.82.010 - Purpose of Chapter 18.82.020 - Applicability 18.82.030 - Findings and Decision 18.82.040 - Conditions of Approval 18.82.050 - Historic Variances