17.100.080 Temporary uses and structures

17.100.080 Temporary uses and structures.

(1) Purpose. The city of Stanwood recognizes that there are certain instances when a temporary use is needed, or which require a temporary structure for a limited period of time. The purpose of this section is to establish provisions authorizing temporary uses and/or structures, for limited periods of time, for the uses set forth herein, and by temporary use permit under the conditions set forth herein, when such uses are consistent with the purposes of this section.

(2) Permitted Temporary Uses and Structures. The following types of temporary uses may be authorized by temporary use permit subject to specific limitations in this section and such additional conditions as may be established by the community development director or his/her designee:

(a) Temporary entertainment or cultural events which do not meet the definition of special events under Chapter 5.06 SMC.

(b) Indoor or outdoor art and craft shows and exhibits when operated no more than 15 days in one year.

(c) Indoor or outdoor special sales including sidewalk sales, parking lot sales, warehouse sales or similar activities, limited to locations on lots not used for residential purposes in commercial or industrial districts, and when operated not more than 30 days in the same year.

(d) Temporary live entertainment for a maximum of seven days.

(e) Temporary structures including sheds or similar portable structures 400 square feet or less used for nonresidential purposes, and located in districts where the proposed use of the structure is allowed as a primary or accessory use for a maximum of 60 days with one 30-day extension,

(f) Metal shipping and storage container, tents, canopies and other structures up to a maximum of 400 square feet used for nonresidential purposes are allowed for a maximum of 60 days except that metal shipping and storage containers are not permitted in residential zones.

(g) The community development director or designee may authorize additional temporary uses/structures not listed in this subsection when it is found that the proposed uses are in compliance with the requirements and conditions of subsection (5) of this section.

(3) The following activities are exempt from requirements to obtain temporary use permit approval:

(a) Uses subject to the special events provisions of Chapter 5.06 SMC, when the use does not exceed a total of 14 days each calendar year, whether at the same or different locations within the city.

(b) Fireworks stands, subject to the provisions of Chapter 5.04 SMC.

(c) Garage Sales. Garage sales shall occur no more than three times per calendar year and not to exceed three consecutive days at one time.

(d) Home occupations in conformance with SMC 17.95.380.

(e) Fundraising car washes.

(f) Temporary storage structures used for special events when authorized as part of the special event permit and when limited to the duration of the special event permit.

(g) Contractor’s office, model homes, storage yard and equipment parking and servicing on the site of an active construction project or other offices associated with an active construction project. This use may be approved as part of an active building permit for the duration of the permit without a separate temporary use permit required. Maintenance and upkeep of the building grounds shall be provided by the permit holder.

(h) Temporary dumpsters on private property used for up to 14 days.

(a) Temporary uses/structures approved pursuant to this section may operate 30 days from the time the temporary use is authorized by the community development director or his/her designee except for uses authorized with a different duration in subsection (2) of this section.

(b) Except for uses/structures authorized with a different duration in subsection (2) of this section, the community development director may approve a temporary use for up to 30 nonconsecutive days when the proposed use is operated intermittently and the nature of the activity and the conditions of operation meet the purpose and approval criteria in this chapter.

(c) Only one temporary use permit shall be issued in any calendar year for the same use and/or structure. The community development director or designee may authorize one 30-day extension upon written request for all temporary uses and structures except metal shipping and storage containers and other temporary storage structures.

(a) Each site occupied by a temporary use or building shall be left free of debris, litter or other evidence of temporary use upon completion or removal of the use.

(b) A temporary use conducted in a parking facility shall not occupy or remove from availability more than 25 percent of the spaces required for the permanent use.

(c) Each site occupied by a temporary use must provide or have available sufficient off-street parking and vehicular maneuvering area for customers. Such parking shall comply with the requirements of Chapter 17.105 SMC and must provide safe and efficient interior circulation and ingress and egress from the public right-of-way.

(d) No temporary use shall occupy a site or operate within the city except when authorized by the community development director or his/her designee.

(e) All temporary uses shall obtain, prior to occupancy of the site, all required city permits, licenses or other approvals, e.g., business license, building permit, site development.

(f) The community development director or his/her designee may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include but are not limited to time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or enclosure, and guarantees for site restoration and cleanup following temporary use.

(6) Public Safety. In the event the police chief determines that a police officer should be in attendance at any temporary use, the cost to cover the salary of the extra officer shall be paid by the sponsor/promoter.

(7) Criteria. The community development director or his/her designee may authorize the temporary uses described in subsection (2) of this section after consultation and coordination with all other applicable city departments and other agencies and only when a determination that the following criteria can be met:

(a) The temporary use will not impair the normal, safe and effective operation of a permanent use on the same site.

(b) The temporary use will not impact public health, safety or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity.

(d) The temporary use shall comply with all applicable standards of the Snohomish County health department.

(e) The applicable temporary use meets all requirements of Chapter 5.08 SMC.

(a) Application to conduct a temporary use shall be made to the community development department at least 15 days prior to the time when the applicant plans to begin the temporary use, and shall include such information as the planning director or his/her designee may require to evaluate the use and to make the determinations required by this chapter.

(b) Application shall be made prior to the requested date for commencement of the temporary use, and the community development director or his/her designee shall make a determination whether to approve, approve conditionally or deny the temporary use within 10 days after the date of application.

(d) A temporary use authorized pursuant to this section shall not be exempted or relieved from compliance with any other ordinance, law, permit or license applicable to such use, except where specifically noted.

(e) Failure to obtain a permit prior to moving the temporary use into place shall be considered a Class B violation, and shall result in a fine as determined by SMC Title 13. (Ord. 1349 § 6, 2013; Ord. 1310 § 2, 2012; Ord. 1267 § 14, 2010; Ord. 1110 § 3, 2002; Ord. 995, 1997; Ord. 970, 1996. Formerly Ch. 14.34).