Myrtle Creek City Zoning Code
CHAPTER 18
175 TEMPORARY USE PERMITS
§ 18.175.010 Temporary use permits.
It is recognized that there are special uses which, because of their unique characteristics or temporary or seasonal nature, cannot be properly classified in any particular zoning district without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular location. A temporary use permit may be approved to allow the limited use of structures or activities which do not conflict with the zoning district in which they are located; however, no temporary use permit shall be issued which would have the effect of providing a temporary means of establishing permanence. Temporary use permits are subject to approval under MCMC §§ 18.175.020 through 18.175.050.
(Ord. 508 § 7.02.0, 1982)
§ 18.175.020 Authorization to grant a temporary use permit.
The city administrator may issue temporary use permits for interim uses which are incidental to construction, such as those listed in MCMC § 18.175.030(1). All other requests for a temporary use permit shall be heard by the planning commission, where the proposal shall be reviewed for impact on the surrounding area. In issuing a temporary use permit, the approving authority may impose any of the conditions set forth in MCMC § 18.175.040 which it finds necessary for the protection and preservation of property rights and values of adjacent properties. It shall be within the authority of the planning commission to, based on just cause, require that a public hearing be held on a specific application prior to making their decision or that the application shall be forwarded to the city council for determination.
(Ord. 508 § 7.02.1, 1982)
§ 18.175.030 Permitted temporary uses.
Temporary use permits shall be issued for structures or uses which are not specified in this title as a specific or general regulation and are of a temporary nature such as, but not limited to, the following:
(1)
The city administrator, on his own authority, may issue permits for:
(a)
Enclosures and buildings for the storage of equipment during the building of roads, structures and other development;
(b)
Auxiliary real estate offices used for the sale of lots or houses in subdivisions (i.e., tract office) and other temporary structures to provide for housing of personnel;
(c)
Signs advertising a subdivision or tract of land or the lots therein and other temporary signs;
(d)
Contractor's job sheds used in conjunction with the building of a structure, road, etc.;
(e)
Short term outdoor gatherings; and
(f)
Roadside stands.
(2)
The planning commission shall have the authority to issue permits for:
(a)
A mobile home as a temporary office area for permitted commercial or industrial uses when separated by a minimum of 20 feet from any permanent structure and then placed in accordance with MCMC § 18.175.040;
(b)
A mobile home as a temporary classroom at existing public or private schools when separated from each other and existing buildings by the minimum distance specified in the fire code or 20 feet, whichever is greater, and when placed in accordance with MCMC § 18.175.040;
(c)
A mobile home as a temporary residence during the construction of a permanent home, provided there is compliance with MCMC § 18.175.040; and
(d)
All other requests of a temporary nature that do not fall within the limits of subsection (1) of this section.
(Ord. 508 § 7.02.2, 1982)
§ 18.175.040 Conditions relative to the issuance of a temporary use permit.
(1)
No temporary use permit shall be issued except upon a finding that the proposed structure, activity or use would not permit the permanent establishment within a zoning district of any use which is not a permitted use or any use for which a conditional use permit is required.
(2)
Reasonable conditions may be imposed in connection with the temporary use permit to minimize the potential impact of the proposed use to other uses in the vicinity. Guarantees and evidence may be required that such conditions will be or are being complied with. Such conditions may include, but are not limited to, the following:
(a)
Special yards or open spaces;
(b)
Fences or walls;
(c)
Control of points of vehicular ingress and egress;
(d)
Special provisions or signs;
(e)
Landscaping or buffer yards and maintenance thereof;
(f)
Maintenance of the grounds and/or parking area;
(g)
Control of noise, odors or other nuisances; and
(h)
Limitation of time for certain activities.
(3)
The owner of a mobile home that is authorized as a temporary use shall comply with the following in addition to any other conditions that may be attached to issuance of a temporary use permit:
(a)
A mobile home placement permit shall be obtained prior to placement;
(b)
The standards for mobile home placement contained in MCMC § 18.115.010 may be applied where a mobile home will be used as temporary office, classroom or similar activity;
(c)
The owner of the lot shall agree in writing to remove the footings, foundation, mobile home and mobile home accessory structures and disconnect sewer, water and other utilities immediately upon expiration of the temporary use permit. The agreement shall further state that the city may make the removal and disconnection and place a lien against the property for the cost of the work if the owner fails to perform the work within 30 days of expiration of the permit; and
(d)
If a temporary use permit for a mobile home is authorized for occupancy while constructing a dwelling, the following shall also be required:
(i)
The mobile home shall be occupied by the owner of the lot on which the mobile home is located;
(ii)
A building permit for construction of the permanent dwelling shall be obtained prior to the effective date of the temporary use permit and the mobile home shall be placed upon the lot for which the building permit has been issued; and
(iii)
The owner of the lot shall agree in writing to remove the mobile home from the lot not later than 18 months from the date on which the building permit for the housing unit is issued or not later than two months following the completion of the housing unit, whichever is first.
(4)
Any temporary use permit shall clearly set forth the conditions under which the permit is granted and shall clearly indicate the time period for which the permit is issued. No temporary use permit shall be transferable to any other owner or occupant, but may be renewable upon expiration if all applicable conditions can again be met. Renewal of a temporary use permit shall follow the same procedure as the initial application.
(5)
All structures for which a temporary use permit is issued shall:
(a)
Meet all other requirements of the zoning district in which they are located;
(b)
Meet all applicable health and sanitation requirements;
(c)
Meet all applicable building code requirements; and
(d)
Be removed upon expiration of the temporary use permit, unless renewed.
(Ord. 508 § 7.02.3, 1982)
§ 18.175.050 Application procedure and service charge.
A request for a temporary use permit may be initiated by a property owner or his authorized agent by filing an application with the city upon forms prescribed for this purpose. The application shall include the information set forth in MCMC § 18.185.140 and any drawings or materials essential to the understanding of the proposed use and its relationship to the surrounding properties. The application for a temporary use permit regulated by MCMC § 18.175.030(2) shall be accompanied by a service charge (which is nonrefundable) by the city of Myrtle Creek handbook of fees and charges. Applications for uses regulated by MCMC § 18.175.030(1) are exempt from the service charge. Temporary use permits shall be issued for the time period specified by the approving authority but, unless specifically provided otherwise by these regulations, in no case shall a temporary use permit be issued for a period exceeding one year.
(Ord. 508 § 7.02.4, 1982)
