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This section shall be known as the “Temporary Use Regulations.” Provisions authorizing temporary uses are intended to permit occasional temporary uses, activities and structures when consistent with the purpose of this title and when compatible with the general vicinity and adjacent uses.

A. Permitted Uses. The following types of temporary uses, activities and associated structures may be authorized, subject to specific limitations in this section, and such additional conditions as the planning commission and town council may establish:

1. Contractor’s office, storage yard and equipment parking and servicing on the site of any active construction project.

2. Circuses, carnivals, rodeos, fairs or similar transient amusement or recreational activities.

3. Indoor or outdoor art and craft shows and exhibits.

4. Christmas tree sales lots, fireworks and flower stands, limited to location on lots not used for residential purposes in commercial or industrial zoning districts.

5. Mobile home residences used for occupancy by supervisory and security personnel on the site of an active construction project.

6. Indoor or outdoor special sales, including swap meets, flea markets, 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 10 days in the same month, unless otherwise permitted by the town.

7. Temporary use of mobile trailer units or similar portable structures for nonresidential purposes, located in districts where the use is a permitted use.

8. Seasonal retail sales of agricultural or horticultural products raised or produced off the premises, to be permitted in commercial or industrial zoning districts only.

9. Temporary signs relating directly to the temporary uses described in this section, which may be permitted for a period not to exceed the operation of the use. The signs may be portable in nature and must be placed on the premises. No off-premises signs are permitted. No more than two signs per use shall be permitted and no sign shall exceed a 32-square-foot total of all faces. Maximum sign height shall be eight feet. No sign permit shall be required.

10. Garage sales, moving sales and similar activities for the sale of personal belongings when operated not more than three days in the same week or more than twice in the same calendar year. No permit is required.

11. Fund-Raising Car Washes. No permit is required.

12. The town council may authorize additional temporary uses not listed in this subsection when it is found that the proposed uses are in compliance with the requirements and findings of subsection C of this section.

B. Conditions of Temporary Use.

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

2. 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, except in the commercial (C) zoning district or as approved by the town council.

3. Each site occupied by a temporary use must provide or have available sufficient off-street parking and vehicular maneuvering area for customers. Such parking need not comply with the development requirements of Chapter 17.05 SPMC, but must provide safe and efficient interior circulation and ingress and egress from the public right-of-way.

4. No temporary use shall occupy or use public rights-of-way, parks or other public lands in any manner unless specifically approved by the town council.

5. No temporary use shall occupy a site or operate within the town for more than 30 days within any calendar year, except as follows:

a. When authorized by the town council, a temporary use may operate an additional 90 days if it is found that such an extension will be consistent with the requirements of subsection C of this section.

b. When authorized by the town council, a temporary use may operate up to one additional year if it is found that such an extension will be consistent with the requirements of subsection C of this section.

6. All signs shall comply with the requirements of Chapter 17.06 SPMC, pertaining to sign regulations, except as otherwise specified in this section.

7. All temporary uses shall obtain, prior to occupancy of the site or culmination of activities, all required town permits, licenses or other approvals, e.g., business license, building permit, zoning permit, etc.

8. The planning commission and town council 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.

C. Determinations. The town council may authorize the temporary uses described in subsection A of this section after consultation and coordination with all other applicable town departments and other agencies and only when the following determinations can be made:

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

2. The temporary use will be compatible with uses in the general vicinity and on adjacent properties.

3. 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.

4. The use and associated structures and living quarters will be conducted and used in a manner compatible with the surrounding area.

5. The temporary use shall comply with all applicable standards of the Pierce County health department.

D. Application and Authorization.

1. Application to conduct a temporary use shall be made to the planning commission, and shall include such information as the town planner may require to evaluate the use and to make the determinations required by this section.

2. Application shall be made prior to the requested date for commencement of the temporary use, and the town council shall make a determination whether to approve, approve conditionally or deny the temporary use within 10 days after the date of application.

3. Authorization of a temporary use shall be by issuance of a zoning permit.

4. 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. [Ord. 378 § 2 (Exh. 1), 1999.]