18.137.050 Temporary uses.
All temporary uses must comply with the provisions of this chapter. Only temporary uses lasting more than two days require a temporary use permit. Temporary uses lasting two days or less shall be subject to a special use permit.
A. Application. Applications for the temporary use permit shall be filed with community development and shall include:
1. Form prescribed by the city and signed by the property owner.
2. A statement explaining the request.
3. Site plan showing location of any proposed structures, activity areas, and parking with respect to property lines and existing buildings, parking areas, and landscaping.
4. Drawings or photos showing proposed structures.
5. Any other information needed to describe the proposed use in sufficient detail for community development director to determine how the proposed use meets the approval criteria.
B. Approval Standards. A temporary use may be granted only if:
1. The temporary use is consistent with the purpose of the zoning district in which it is placed.
2. The temporary use shall comply with the applicable criteria listed in subsection (C) of this section.
C. Allowable Temporary Uses.
1. Temporary Displays, Sales, and Events. Temporary displays, sales and events may be permitted in all industrial, commercial and public facilities and parks zones. All activities must meet the following criteria:
a. Adequate parking facilities are available. The temporary activity does not eliminate parking spaces required by Chapter 18.110 TMC.
b. The temporary activity does not encroach on the required setbacks of the lot.
c. Food vendors shall comply with all state and county health and fire regulations and shall furnish written evidence of compliance prior to opening for business.
d. Renew the temporary use permit each year.
e. Temporary activities involving tents, tarps, or sales out of vehicles will last no more than two consecutive days.
2. Temporary Stationary Food Vending, Coffee Stands or Other Kiosks. Temporary stationary food vending, coffee stands or other kiosks may be permitted in all commercial zones for a period not to exceed one year.
a. No extension cords shall be used to provide electricity.
b. The use shall not connect to city water or sewer and shall identify the method of gray water disposal.
c. Prior to the issuance of any permit or a business license, the fire marshal shall inspect and approve any mobile unit to determine compliance with all applicable building and fire codes.
3. Second Dwelling on Property during Construction or Demolition of Dwelling. A manufactured home or RV may be used temporarily during construction or reconstruction of a permanent residence, or a building permit may be issued for a new residence while an existing home remains occupied to allow for the residents to remain on their lot until the new dwelling is ready to occupy. The temporary use, including demolition of building, shall be limited to a maximum of one year unless an extension is approved by the community development director. The following standards must be met for either of these temporary uses:
a. The applicant shall provide evidence of an approved water supply and sewage disposal system.
b. The certificate of occupancy for the new residence shall not be issued until the original dwelling has been demolished and the site cleaned up, or until the manufactured home being used temporarily is removed from the site.
c. If a manufactured home is to be used as a temporary residence, a building permit for the siting and anchoring of the manufactured home shall be submitted and approved by the building inspector prior to occupancy. Upon expiration of the temporary use, the manufactured home shall not be converted to an accessory use.
d. RV use shall be limited to not more than 180 days, unless an active building permit exists. RV use may be extended with a written request beyond the 180 days if a final building permit for the construction or demolition of a second dwelling has not been obtained.
4. Outdoor Storage (Not Involving Sales). Temporary outdoor storage not exceeding 180 days may be permitted in all industrial and commercial zones. All outdoor storage areas must meet the following criteria:
a. The storage does not encroach on the required setbacks of the lot.
b. Adequate parking facilities are available. The temporary outdoor storage does not eliminate parking spaces required by Chapter 18.110 TMC.
c. The materials being stored will not cause any contamination of storm water runoff. The materials being stored shall be screened from view with sight-obscuring fence or landscaping in compliance with Chapter 18.105 TMC.
d. The materials do not create an attractive nuisance as defined in the Talent Municipal Code.
e. After one year, the temporary use permit period expires. The use shall then either be converted to a permanent use through conditional use permit review in compliance with the standards of Chapter 18.155 TMC or be discontinued.
5. Standards for a Manufactured Dwelling as a Temporary Office in the Commercial or Industrial Zone during Construction of a Permanent Structure.
a. Within six months from the date the approval is granted, an application for a building permit for a permanent structure or modification of an existing structure on the premises must be filed. Failure to submit the application within the specified time will terminate the approval.
b. The temporary permit shall be for a period not to exceed 18 months.
c. All owners of the lot agree in writing to remove the manufactured dwelling from the lot not later than 18 months from the date on which the building permit is issued or not later than two months following the completion of the construction, whichever shall occur first.
d. All owners of the lot agree in writing to remove all evidence that the manufactured dwelling has been on the lot within 30 days after the removal of the manufactured dwelling and that the manufactured dwelling shall not be converted to an accessory building.
e. Any electric, water and sewer connections which are necessary must be made according to city specification.
f. A building permit for the siting and anchoring of the manufactured dwelling shall be submitted and approved by the building inspector prior to occupancy.
D. Procedures for Approving Temporary Uses.
1. The community development director may approve, disapprove, or conditionally approve the temporary use permit. Approval of the temporary use permit will be subject to compliance with the standards as set forth in this chapter and standards as established elsewhere by city ordinance.
2. The community development director may attach appropriate and reasonable conditions to the permit that are necessary to ensure the public health, safety, and welfare and to maintain compliance with city codes and ordinances. Such clear and objective standards may include but are not limited to:
a. Setback requirements.
b. Screening.
c. Control of points of ingress and egress.
d. Special provisions for signs.
e. Landscaping and maintenance of landscaping.
f. Maintenance of grounds.
g. Control of noise, vibration, and odors.
h. Limitation of hours for certain activities.
i. Limitation of duration of temporary use.
3. Once approved, the site plan for the temporary use as modified with conditions shall become the official plan and a revised plan meeting the conditions shall be submitted to community development.
4. Compliance with conditions imposed in the temporary use permit and adherence to the approved plans are required. The community development director may revoke the temporary use permit with any departure from the approved plans or conditions of approval.
5. All temporary uses require a city business license.
E. Procedures for Renewing Temporary Use Permits.
1. Temporary use permits shall be subject to review and approval by the community development director on an annual basis for a period not to exceed three years, after which the use shall be discontinued or application for site development plan review shall be approved.
2. Temporary use permit renewals may be approved by the community development department; provided, that:
a. No formal complaints have been filed regarding the temporary use.
b. There have been no changes made to the site plan or activities from the time of initial approval as verified by the community development director. [Ord. 952 § 1 (Exh. A), 2019; Ord. 936 § 1 (Exh. A), 2017; Ord. 817 § 8-3J.1150, 2006.]