Auburn City Zoning Code

18.46A Temporary

Uses

18.46A.010 Intent.

A. It is the intent of this chapter to provide an administrative approval process whereby the city may permit uses to locate within the city on an interim basis without requiring full compliance with the development standards for the applicable zoning district, or by which the city may allow seasonal or transient uses not otherwise permitted.

B. It is not the intent of this chapter to provide a means to circumvent the strict application of the permitted uses as established elsewhere in this title for the city’s zoning districts. Time limits are to be strictly enforced, unless otherwise modified by the planning director or designee.

C. This chapter addresses only those temporary uses located on public or private property outside of public rights-of-way. Uses located in public rights-of-way shall be in accordance with ACC Title 12. (Ord. 6268 § 2, 2009.)

18.46A.020 Permit approval required.

A. For the purposes of this chapter, “temporary use” shall mean a short-term or interim activity or purpose for which land or premises or a building thereon is designed, arranged, intended, or for which it is occupied, maintained, let, or leased; and where such use is not in full compliance with the applicable development standards of this title and/or is not otherwise permitted in the applicable zoning district.

B. No temporary use shall be permitted within the city except in accordance with the provisions of this chapter. A temporary use permit is required for temporary uses except those specifically exempted pursuant to ACC 18.46A.050. The maximum allowable duration of specific temporary uses shall be 180 calendar days, or as established in the provisions for general and specific temporary use permits in ACC 18.46A.070 together with the extension provisions of ACC 18.46A.100.

C. There shall be two types of temporary use permits identified as a Type I temporary use permit and a Type II temporary use permit.

D. A property owner or an authorized representative of the property owner or a person, business or organization desiring to use a property for a use consistent with this chapter may apply for a temporary use permit. An applicant for a temporary use permit shall provide written evidence of property owner authorization to use the property for the intended temporary use.

E. The planning director or designee may approve permits for temporary uses and structures, with conditions to mitigate negative impacts.

F. The planning director or designee may authorize a temporary use permit for a use not specifically listed in the currently adopted use regulations; provided, that it is compatible with the purpose and intent of applicable chapters and sections of this title and the specific zoning district in which it will be located.

G. The planning director or designee may require other reviews or permits including but not limited to environmental review as a prerequisite to issuance of a temporary use permit or as a condition of approval for a temporary use permit. (Ord. 6268 § 2, 2009.)

18.46A.030 Application and review for temporary use permits.

A. Temporary use permit applications shall be processed as either a Type I or Type II permit. A Type I temporary use permit shall be used to authorize the temporary uses listed in ACC 18.46A.070(A). Type II temporary use permit shall be used to authorize the temporary uses listed in ACC 18.46A.070(B).

B. The application for a temporary use permit shall be submitted on forms obtained from the planning and development department and shall include applicable filing fees. The application shall contain all the information required by the city. The department shall verify that the application is consistent with the requirements of this chapter including but not limited to the irrevocable, signed and notarized statement specified in ACC 18.46A.130(C), and that the application contains proof of a legitimate business, if applicable, as evidenced by documentation demonstrating the business has obtained, or will obtain prior to commencing the use, a city of Auburn business license and any other required government licenses or approvals. A temporary use that commences without required application review and approval shall be deemed to be in violation of this chapter and subject to the city’s processes and standards for code compliance.

C. Temporary use permits shall be administratively processed and reviewed and not subject to a public hearing, unless a written decision on a temporary use permit is appealed to the city of Auburn hearing examiner.

D. Processing of Type I Temporary Use Permits.

1. Type I temporary use permit decisions shall be processed in accordance with the applicable provisions of ACC Title 14; provided, that a decision approving, approving with conditions or denying the application shall be issued within 30 calendar days of the date of application completeness determination. The planning director or designee may extend the decision-making upon a written determination transmitted to an applicant of the need for more information or other city permits or licenses or other agency licenses or permits. In this instance, a Type I temporary use permit may be issued following receipt and review of the additional information or receipt of written evidence of other city or agency permits or licenses, as applicable.

2. A notice of application in accordance with the provisions of ACC Title 14, as amended, shall not be required for Type I temporary use permits. A written decision shall be issued to the applicant, property owner if not the same as the property owner, other city departments, as applicable, and other interested parties or agencies that have previously requested to be notified.

E. Processing of Type II Temporary Use Permits.

1. Type II temporary use permit decisions shall be processed in accordance with the applicable provisions of ACC Title 14; provided, that a decision approving, approving with conditions or denying the application shall be issued within 50 calendar days of the date of application completeness determination. The planning director or designee may extend the decision-making upon a written determination transmitted to an applicant of the need for more information or other city permits or licenses or other agency licenses or permits. In this instance, a Type II temporary use permit may be issued following receipt and review of the additional information or receipt of written evidence of other city or agency permits or licenses, as applicable.

2. A notice of application in accordance with the provisions of ACC Title 14, as amended, shall be required for Type II temporary use permits. A decision on a Type II temporary use permit shall not be issued until after the public comment period expires, wherein the city solicits comments regarding impacts to the neighborhood or community. (Ord. 6287 § 2, 2010; Ord. 6268 § 2, 2009.)

18.46A.040 Appeals of decisions.

Appeals of administrative decisions issued under the provisions of this chapter shall be made to the city of Auburn hearing examiner in accordance with the provisions of Chapter 2.46 ACC, as amended. Appeals of the hearing examiner decision may be appealed in accordance with applicable provisions of Chapter 2.46 ACC. (Ord. 6442 § 20, 2012; Ord. 6268 § 2, 2009.)

18.46A.050 Exemptions.

The following activities are exempt from the permit requirements of this chapter, but shall comply with other substantive requirements of this chapter, unless specifically noted otherwise:

A. Garage sales and yard sales; provided, that the following are complied with:

1. Sales last no longer than three days;

2. Sales are conducted on the owner’s property. Multiple-family sales are permitted if they are held on the property of no more than three contiguous properties of the participants;

3. Signs shall comply with Chapter 18.56 ACC (Signs), as applicable, and must be removed within 24 hours of completion of the sale;

B. City-sponsored events and activities;

C. Uses regulated or exempted by Chapter 18.60 ACC (Home Occupations);

D. Fireworks stands operating under a permit issued by the city of Auburn and the fire marshal’s office;

E. The placement of uses and structures in response to a proclamation of civil emergency pursuant to ACC 2.75.070 to provide emergency services to individual citizens or property owners or businesses;

F. City improvement projects pursuant to ACC 18.02.040(E);

G. Temporary offices, construction staging, equipment storage and other similar activities on a site upon which public buildings or structures are being constructed, remodeled or otherwise modified;

H. On a residential property that already has a permitted single-family residence, the use of one recreational vehicle for temporary living when not associated with active construction of a single-family dwelling shall be allowed for not more than 15 calendar days in any calendar year; provided, that the director may grant extensions utilizing the provisions of ACC 18.46A.100(B) for up to an additional 15 days. Use of one recreational vehicle on a property with a single-family residence for more than 15 calendar days in any calendar year, plus an additional period of up to 15 days if extended by the director, shall be considered prima facie evidence of being detrimental to the neighborhood. Recreational vehicles that are utilized for temporary living shall be registered with the city of Auburn, without fee, prior to starting in order to monitor compliance with the 15-day limitation(s). (Ord. 6565 § 3, 2015; Ord. 6268 § 2, 2009.)

18.46A.060 Coordination with other city codes.

A. Any temporary use otherwise regulated by ACC Title 5, beyond any required general business or solicitor’s license, is not subject to the provisions of this chapter. However, any license issued under ACC Title 5 shall be consistent with the use regulations of the remainder of this title and any condition or other permit required by this title shall be required.

B. Any licensed solicitor who, while selling or offering goods, wares, merchandise or anything of value, displays, advertises, or offers such goods to the passing public while standing on any property, street or public way or any other place not used and licensed by such person as a permanent place of business shall secure in addition to the solicitor’s license a temporary use permit pursuant to this chapter. (Ord. 6268 § 2, 2009.)

18.46A.070 General and specific temporary use permits.

A. General Type I Temporary Use Permits. In accordance with ACC 18.46A.030, the planning director or designee may approve the following general Type I temporary uses and structures:

1. For all zoning districts:

a. Temporary use of land to conduct nonprofit events of up to six calendar days or less, where the events are of a kind not typically used by the sponsor at the location or site of the event;

b. Temporary parking facilities for private uses for four weeks or less per year;

c. Temporary fencing for public or private uses for four weeks or less per year;

d. Temporary use of privately owned property for temporary offices, construction trailers, materials storage, equipment storage or vehicle parking essential to and only in conjunction with the construction or building of public buildings, structures, road, or utility improvements.

2. For residential zoning districts:

a. Temporary modular sales and leasing offices for on-site residential development properties;

b. Placement of tents, canopies, or membrane structures for zero to two weeks per year that meet setbacks of the underlying zone;

c. Placement of portable moving and storage containers for no greater than three weeks per year;

d. On-site temporary caretaker trailers for private or nonprofit residential construction;

e. On-site temporary construction trailers and offices and storage areas for construction materials and equipment for private or nonprofit residential construction;

f. Special events such as a community block party, neighborhood parade or similar event involving multiple properties and causing temporary impacts to public rights-of-way or potential increased need for public services;

g. Living within a recreational vehicle as a temporary dwelling unit on property when a building permit to construct a permanent single-family residential dwelling unit has been issued and construction activity remains active.

3. For nonresidential zoning districts:

a. Commercial carnivals, circuses and shows;

b. Temporary sales and leasing offices for on-site commercial or industrial development properties;

c. On-site temporary construction trailers and offices and storage areas for construction materials and equipment for commercial, industrial or institutional construction;

d. On-site temporary caretaker trailers for commercial, industrial or institutional construction sites;

e. Temporary changes of uses and associated temporary structures for four weeks or less per year;

f. Temporary mobile sales for the sale of plants, flowers, books, crafts, produce, beverages, food, and other similar items in a single location for no more than two hours per day;

g. Placement of commercial storage containers for no more than three weeks per year;

h. Special events such as a weekend sales event or outdoor concert causing temporary impacts to public rights-of-way or potential increased need for public services;

i. Holiday-related seasonal sales lots along with their associated temporary structures subject to compliance with the following:

i. Applicant demonstrates written proof of property owner permission for use of the subject property;

ii. Adequate off-street parking is provided;

iii. The use will not interfere with adequate vision clearance, as governed by the city of Auburn engineering design standards, as amended;

iv. The use will not obstruct pedestrian access on public rights-of-way;

v. Signage shall comply with the city’s signage regulations;

vi. Compliance to conditions required by the building official and fire marshal for minimum building, fire and life safety codes;

vii. Adequate provisions for trash disposal and sanitary facilities are provided;

j. Agricultural seasonal sale of produce subject to compliance with the following:

i. Demonstrates written proof of property owner permission for use of the subject property;

ii. Adequate off-street parking is provided;

iii. The use will not interfere with adequate vision clearance, as governed by the city of Auburn engineering design standards, as amended;

iv. The use will not obstruct pedestrian access on public rights-of-way;

v. Signage shall comply with the city’s signage regulations;

vi. Compliance to conditions required by the building official and fire marshal for minimum building, fire and life safety codes;

vii. Adequate provisions for trash disposal and sanitary facilities are provided.

B. General Type II Temporary Use Permits. In accordance with ACC 18.46A.030, the planning director or designee may approve the following general Type II temporary uses and structures:

1. For all zoning districts:

a. Temporary use of land in order to conduct a nonprofit event for seven calendar days or more in any such event;

b. Temporary storage of buildings and structures not permanently affixed or constructed or otherwise permanently situated on a property;

c. Temporary parking facilities for private uses for greater than four weeks per year;

d. Temporary fencing for public or private uses for greater than four weeks per year.

2. For residential zoning districts:

a. Placement of tents, canopies, or membrane structures for greater than two weeks per year that meet setbacks of the underlying zone;

b. Placement of personal use storage containers for greater than three weeks but no more than 12 weeks per year;

c. Off-site temporary construction trailers and offices and storage areas for construction materials and equipment for residential construction;

d. Temporary use of the following equipment on private property essential to and only in conjunction with the construction or building by the city, another public agency or a private party of a road, bridge, ramp, dock, and/or jetty in proximity to the approved construction site:

i. Portable asphalt or concrete mixing plants;

ii. Portable concrete batching plants;

iii. Portable rock crushing plants;

iv. Accessory equipment essential to the use of the aforementioned plants.

3. For nonresidential zoning districts:

a. Off-site temporary construction trailers and offices and storage areas for construction materials and equipment for commercial, industrial or institutional construction;

b. Temporary mobile sales for the sale of plants, flowers, books, crafts, produce, beverages, food, and other similar items in a single location for more than two hours per day;

c. Temporary changes of uses and associated temporary structures for more than four weeks per year;

d. Temporary trailer or prefabricated building. The planning director or designee may approve, approve with conditions or deny a temporary trailer or prefabricated building for use on any real commercial or industrial zoned property within the city as a temporary commercial or industrial office or space associated with the primary use on the property, but for no other purpose, providing that the applicant demonstrates compliance with the following criteria in addition to the approval criteria specified in ACC 18.46A.080:

i. The temporary structure shall be located within the boundaries of the parcel of land on which it is located;

ii. The temporary structure is in conformance with all applicable building and fire codes;

iii. The property to be used for a temporary structure shall already be developed;

iv. There exists adequate and safe ingress and egress when combined with the other uses of the property;

v. There exists adequate sight distance;

vi. There exists adequate parking for the customers or users of the temporary use in conformance with the city’s parking standards, as applicable;

vii. The use will pose no hazard to pedestrians in the area of the use;

viii. The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights which will affect the adjoining uses in accordance with the provisions of ACC 18.31.180;

ix. The use can adequately be served by sewer or septic system and water, if applicable; and

x. The length of time that the temporary building will be used is the maximum needed to address the hardship but no longer than one year, unless otherwise extended by the planning director or designee.

C. Specific Type I Temporary Use Permit – Temporary Gravel Parking Facilities.

1. In accordance with ACC 18.46A.030, the planning director or designee may issue a Type I temporary use permit for a temporary gravel parking facility that serves municipal purposes. The planning director or designee may issue a temporary use permit for a period up to 12 months if the planning director or designee finds it is consistent with the following criteria in addition to the approval criteria specified in ACC 18.46A.080:

a. The use will not result in significant drainage or other adverse impacts;

b. The gravel parking area is not required for the purposes of meeting the current minimum off-street parking requirements.

2. The planning director or designee may grant additional extensions to the initial 12-month validity period if they find that such extension is warranted and that the temporary use is still in compliance with all applicable approval criteria.

D. Specific Type I Temporary Use Permit – Site Specific Unforeseen/Emergency Situations.

1. In accordance with ACC 18.46A.030, the planning director or designee may approve, approve with conditions or deny a request for approval of an unforeseen/emergency situation(s) for a residential, commercial, industrial or institutional building if the planning director or designee finds it is consistent with the following criteria in addition to the approval criteria specified in ACC 18.46A.080:

a. The need for the use is the direct result of a casualty loss resulting from damage or destruction by the elements, including but not limited to earthquake or fire or windstorm or flood, or by human cause of a structure or facility previously occupied on the premises for which the permit is sought;

b. There exists adequate and safe vehicular ingress and egress when combined with the other uses of the property;

c. There exists adequate off-street or shared parking for the temporary use;

d. The use will pose no hazard to pedestrians in the area of the use;

e. The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights which will affect adjoining use, pursuant to ACC 18.31.180 and 18.46A.090;

f. The use can be adequately served by sewer or septic system and water, if applicable;

g. The length of time that the temporary building will be used is the maximum needed to address the hardship but no longer than one year, unless otherwise extended by the planning director or designee.

E. Specific Type II Temporary Use Permit – Transitional Uses.

1. Existing agricultural and associated uses, which are not permitted outright, may continue provided there are no new structures built in excess of 2,000 square feet, or the use is expanded five acres or less, unless a temporary use permit is issued. In accordance with ACC 18.46A.030, the planning director or designee may issue a Type II temporary use permit if they find it is consistent with the following criteria in addition to the approval criteria specified in ACC 18.46A.080:

a. The use must be compatible or sufficient mitigating measures available to make it compatible with adjacent permitted uses;

b. The use cannot be a detriment to adjacent permitted uses;

c. The use will not result in significant adverse impacts to the area.

2. The planning director or designee may establish a longer validity period than that specified in ACC 18.46A.100 for a temporary use permit for the transitional uses specified herein.

3. Upon encroachment of permitted uses into the area authorized for a transitional use under a temporary use permit, the planning director or designee may review the temporary use permit to determine if such use is no longer compatible with the permitted uses and should be abated. (Ord. 6977 § 1 (Exh. A), 2025; Ord. 6565 § 4, 2015; Ord. 6287 § 2, 2010; Ord. 6268 § 2, 2009.)

18.46A.080 Approval criteria.

The planning director or designee may approve, or modify and approve, an application for a temporary use permit if all of the application satisfies all of the following criteria:

A. The temporary use will not be materially detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity;

B. The temporary use is compatible with the purpose and intent of this title, and the specific zoning district in which it will be located;

C. The temporary use is compatible in intensity and appearance with existing land uses in the immediate vicinity;

D. Structures proposed in association with a temporary use permit will comply with the applicable setback and vision clearance area requirements, and with applicable provisions of the building and fire codes;

E. Adequate parking is available to serve the temporary use and, if applicable, the temporary use does not occupy required off-street parking areas for adjacent or nearby uses;

F. Hours of operation of the temporary use are specified;

G. The temporary use can comply with applicable provisions of ACC 18.46A.090;

H. The impacts associated with the temporary use can be mitigated through the application of conditions of approval, as applicable. (Ord. 6268 § 2, 2009.)

18.46A.090 Performance standards.

The planning director or designee shall require compliance to the following performance standards for all authorized temporary use permits and may approve, or modify and approve, an application for a temporary use permit if the application satisfies all of the following criteria:

A. Temporary uses shall, at all times, comply with all local, state or federal standards and regulations, as applicable, pertinent to the type of temporary use being conducted;

B. Temporary uses shall obtain and maintain all other local, state and federal required permits and licenses prior to and during the authorization period for a temporary use;

C. Temporary uses shall comply, as applicable, with the performance standards specified in ACC 18.31.180;

D. Temporary uses shall not generate life safety hazards. Specific mitigating conditions may be required by the planning director or designee. (Ord. 6268 § 2, 2009.)

18.46A.100 Time limitation.

A. A temporary use is valid for up to 180 calendar days from the effective date of the permit, unless otherwise noted herein; provided, however, that the applicant may request, and/or the planning director or designee may establish, a shorter time frame in the written decision based on factors including but not limited to the nature of the temporary use, impacts associated with the temporary use or its proximity to residentially zoned areas of the city.

B. The planning director or designee may grant additional time extensions upon the applicant satisfactorily demonstrating continued compliance with all conditions of permit approval. Extensions may be granted following the submittal of a written request by the holder of the temporary use permit a minimum of 30 calendar days prior to the expiration date of the original and/or extended temporary use permit; provided, that permit holders for permits that are valid 30 calendar days or less shall only be required to submit a written extension request two calendar days before expiration. (Ord. 6268 § 2, 2009.)

18.46A.110 Limitation on activity.

A property owner or other holder of a temporary use permit may not be allowed to file additional temporary use permits for a use on the same site if the planning director or designee determines that the use has become permanent in nature either by the period of use or the extent of on-site improvements. (Ord. 6268 § 2, 2009.)

18.46A.120 Permit revocation.

The planning director or designee may immediately revoke permit authorization of a temporary use should it be found that such use has failed to comply with any of the conditions of the permit authorization or any of the performance standards specified in ACC 18.46A.090 or applicable building and fire codes, is in violation of any state or federal rules and regulations or any other applicable codes, standards or regulations of the Auburn City Code. (Ord. 6268 § 2, 2009.)

18.46A.130 Removal of temporary uses.

A. Upon the expiration of the temporary use permit, the applicant shall immediately discontinue the temporary use. Within 15 calendar days of the expiration of the temporary permit, the applicant shall remove any temporary structures associated with the temporary use. The planning director or designee may extend the time frame for removal of temporary structures upon written request containing adequate justification for this extension and a specific time frame for the permanent removal of the temporary use.

B. If a temporary use is not removed as required by the temporary use permit or within any extension time frame authorized by the planning director or designee, the city shall initiate code compliance proceedings in accordance with Chapter 1.25 ACC (Civil Penalties for Violations), as amended.

C. Prior to the approval of a Type I or Type II temporary use permit, the applicant shall submit to the city an irrevocable, signed and notarized statement from the applicant and property owner, if applicable, granting the city permission to summarily enter the applicant’s property with reasonable notice and abate the temporary use, and all physical evidence of that use if it has not been removed as required by the terms of the permit. The statement shall also indicate that the applicant will reimburse the city for any expenses incurred in abating a temporary use under the authority of this chapter. Abatement actions shall be conducted in accordance with the provisions of Chapter 1.25 ACC (Civil Penalties for Violations), as amended. (Ord. 6268 § 2, 2009.)

18.46A.140 Assurance device.

The planning director or designee may require the submittal of a cash or surety bond as a condition of approval to assure compliance with applicable provisions of the Auburn City Code and the temporary use permit, as approved. In appropriate circumstances, the planning director may require a reasonable performance of maintenance assurance device, in a form acceptable to the finance department, to assure compliance with the provisions of this title. If at the end of this time period such temporary use or structure is not removed or discontinued, said cash or surety bond shall be forfeited. (Ord. 6268 § 2, 2009.)