17.56.020 Temporary uses.
A. Purpose. The purpose of this section is to define means by which temporary uses of property may be allowed, so long as those uses are compatible with, or have limited impact on, neighboring properties and the public at large.
B. Temporary Uses. No temporary use of property shall be allowed unless a temporary use permit is approved by the city as prescribed by this section. Each separately proposed activity or use shall require a separate permit and pay the applicable fee.
C. General Standards. Temporary uses are subject to the following regulations:
1. Temporary uses not listed in subsection (D)(1) of this section may be authorized by the community development department director, provided such temporary uses are similar to and no more intensive than other temporary uses permitted in the district in which the subject property is located.
2. The community development department director may apply additional conditions to any temporary use permit in order to:
a. Ensure compliance with this chapter;
b. Ensure that such use is not detrimental to neighboring properties and the community as a whole; and
c. Ensure compliance with the building code.
d. Procedures to define and implement this process in accordance with state and federal law will be periodically updated by the community development department.
3. Within three (3) days after termination of the temporary use permit, such use shall be abated and all structures, signs and evidence of such use removed. The community development department director may require that a financial surety be posted by the applicant upon application to defray the costs of cleanup and repair of the property should the permittee fail to do so. The property owner is responsible for such abatement action and costs should the permittee fail to properly clean and repair the property.
4. Temporary use permits not exercised within thirty (30) days of issuance shall be null and void.
5. Unless otherwise stated in the application and through city council approval, temporary use permits are valid from the date of issuance for ninety (90) consecutive days per calendar year.
6. Unless otherwise stated in this section no more than two (2) temporary use permits will be issued for any location per calendar year.
7. Nothing in this section shall exempt the applicant from obtaining all necessary applicable permits from all other agencies having jurisdiction.
8. Unless otherwise stated in the application and through city council approval, the hours of operation, including the use of generators and lot lighting, excluding security lighting, shall be limited to 7:00 a.m. to 10:00 p.m. Security lighting shall be shielded to prevent light spillage onto adjacent properties.
D. Specific Temporary Use Standards. The following temporary uses are permitted in commercial districts, subject to the following regulations:
1. Events to include: carnivals, circuses, amusement rides, revival tents or any temporary amusement, entertainment, public assembly or activity, limited to operation of not more than twice each year and not more than ten (10) consecutive days per event site in any one (1) calendar year, can be permitted after obtaining a temporary use permit from the Aberdeen city council. The city council may require such conditions as are necessary to ensure compliance with the following criteria:
a. There will be no interference with the activities of nearby residents or businesses;
b. Traffic circulation will not be unnecessarily impeded and there will be provisions for adequate parking and means of ingress and egress;
c. Sound or lighting will not be a nuisance to neighboring residents or businesses;
d. There will be adequate provisions for water supply and sanitary facilities;
e. Police and fire chief have approved the activity.
2. Off-site contractor’s offices (including trailers and mobile homes) and storage yards associated with an active construction project, not to exceed one (1) year in duration.
3. Mobile Vendors.
a. Temporary use permits for mobile vendors are valid for one (1) year from the date of issuance.
b. Approval from the property owner, or underlying property owner if located in a right-of-way, is required.
c. Mobile vendors located within the sidewalk/parking right-of-way must comply with the following rules:
(1) Only two (2) mobile vendors shall be permitted per block face.
(2) Public sidewalks used by mobile vendors shall have a minimum width of eight (8) feet.
(3) In no instance shall the clear walking area around a sidewalk vendor be less than forty-eight (48) inches.
(4) The maximum length of space occupied by a mobile vendor and equipment is twelve (12) feet.
(5) Mobile vendor stands must be readily movable at all times.
(6) Mobile vendors shall locate their stands at the portion of the sidewalk away from the curb.
(7) All locations shall be approved on a first-come, first-served basis.
d. Parking lot and other outdoor sales of merchandise and/or services unrelated to the primary use of the property must comply with the following:
(1) Merchandise displays may only occupy parking stalls which are in excess of city parking requirements.
(2) There shall be no obstruction of emergency exits, fire lanes or other emergency apparatus.
(3) Sales areas shall be maintained in an attractive and trash-free manner.
(4) Sales areas shall not substantially alter the existing circulation pattern of the site.
e. Temporary commercial wireless communications facilities, for the purposes of providing coverage of a special event such as news coverage or sporting event. Such facilities must comply with all federal and state requirements.
4. Violations. At any time a temporary use is operated in violation of required conditions of this section or of the permit or otherwise found to constitute a nuisance, the city may take appropriate enforcement action including the process set forth at Section 17.96.090.