A. Purpose and scope. The purpose of this section is to set standards for the establishment of a temporary nonresidential use under limited circumstances as set forth in this section. This section does not apply to temporary residential shelters, which are regulated by article VI of chapter 17.228, or to model home temporary sales offices, which are regulated by section 17.228.125.
B. Administrative permit requirement. A temporary nonresidential use requires the issuance of an administrative permit. The administrative permit must be obtained before issuance of a building permit, if one is needed, for the temporary nonresidential use.
C. Standards for granting an administrative permit. An administrative permit for a temporary nonresidential use will be granted if the use complies with all of subsections C.1 through C.6 below.
1. One of the following circumstances exist—
a. A proposed permanent use on the site (i) has received all necessary planning permits or the proposed permanent use is allowed by right; and (ii) there is an active building permit for the proposed permanent use; or
b. A local emergency has been declared pursuant to section 2.116.060 and the temporary use supports recovery and the recommencement of economic activities.
2. The temporary nonresidential use, if permanent, would be allowed by right on the site.
3. The project site is located—
a. In the RMX zone (chapter 17.212), any zone codified in chapter 17.216 (i.e., commercial, office, and mixed-use zones), any zone codified in chapter 17.220 (i.e., industrial and manufacturing zones), or any zone codified in chapter 17.224 (miscellaneous zones); and
b. Not more than 300 feet from the nearest existing water supply source for fire-fighting purposes.
4. If parking is provided to serve the temporary nonresidential use, all off-street parking facilities—
a. Comply with section 17.608.040 (development standards for off-street parking facilities); and
b. Are surfaced in accordance with section 17.612.020 or are surfaced with a temporary but durable material that prevents trackout (i.e., tracking dirt, mud, or other debris onto a public street).
5. Outdoor storage is screened from public view by landscaping, fencing, or a structure.
6. Bathroom and sanitation facilities are provided in accordance with title 15 (buildings and construction).
D. The parking lot tree shading requirements in section 17.612.040 do not apply to temporary nonresidential uses that comply with this section.
E. Term. Notwithstanding section 17.808.470, an administrative permit issued pursuant to this section expires one year from the date the permit is issued. A permit-holder may request, before the expiration of the permit, a one-time extension of up to one year, which may be approved at the director level if there are exceptional circumstances preventing completion of the permanent facilities for the nonresidential use.
F. Restoration. Upon expiration of the administrative permit, all temporary facilities (e.g., building, trailer, parking area, signage, etc.) must be removed and the site must be restored to its previous condition.
G. Permit attributes. Permits issued under this section are not property, have no value, do not create vested rights, and do not create legal nonconforming status. (Ord. 2024-0017 § 47; Ord. 2019-0006 § 5; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)