Orting City Zoning Code

CHAPTER 4

TEMPORARY USES/TEMPORARY HOUSING UNITS

13-4-1: PURPOSE:

The purpose of this chapter is to establish allowed temporary uses and structures and provide standards and conditions for regulating such uses and structures. (Ord. 792, 7-29-2004; amd. Ord. 2024-1133, 10-30-2024)

13-4-2: STANDARDS:

A. Temporary Construction Buildings: Temporary structure for the storage of tools and equipment or containing supervisory offices in connection with major construction projects, may be established and maintained during the progress of such construction on such projects, and shall be abated within thirty (30) days after completion of the project or thirty (30) days after cessation of work or for a period not to exceed the duration of the building permit, whichever is greater.

B. Temporary Christmas Tree Lots: A temporary Christmas tree lot for the purpose of selling Christmas trees may be located on a property in any XXX zone for a maximum of forty five (45) days within any twelve (12) month period.

C. Temporary School Uses: A temporary use associated with a school for the purpose of educational needs, including but not limited to agricultural programming, may be located in any zone on the school property for a maximum of XX days within a calendar school year.

D. Temporary Real Estate Office: One temporary real estate sales office may be located on any new subdivision in any zone, provided the activities of such office shall pertain only to the selling of lots within the subdivision upon which the office is located; and provided further, that the temporary real estate office shall be removed at the end of a twelve (12) month period, measured from the date of the recording of the map of the subdivision upon which such office is located or at the time specified by the city council.

E. Temporary Classrooms: Portable, modular, or mobile structures that provide classrooms or other school related space are allowed as part of K-12 school facilities and are subject to the provisions of the underlying permit.

F. Temporary Housing Unit: A factory-built structure may be placed in any zone to provide on-site security and surveillance for public facilities, or a recreational vehicle may be placed in any residential zone for occupancy during the construction or renovation of a permanent dwelling on the same lot or tract, or to provide for residential occupancy when permanent homes have been destroyed or damaged by a disaster, provided:

1. The unit meets all applicable codes and regulations including OMC 10-14-3. A recreational vehicle may remain on site unoccupied as long as it meets all applicable development standards in Title 13 OMC;

2. The mobility gear is not removed from the unit and the unit is not permanently affixed to the site on which it is located;

3. The recreational vehicle is located on private property in a manner consistent with OMC 13-5-3;

4. A temporary permit is issued by the building department prior to occupancy of the unit on the site;

5. Prior to the issuance of a temporary permit for a unit allowed per this section, the site shall be reviewed by the Pierce County health department to determine additional requirements for water supply and/or septic waste disposal or adequacy of existing utilities. The recreational vehicle may be inspected by the City if connected to sewer or to a Tacoma-Pierce County health department approved septic system;

6. In the event the site contains trees or other natural vegetation of a type and quantity to make it possible to partially or totally provide screening on one or more sides of the unit, the city may require the unit be located so as to take advantage of the natural growing material available to screen said unit from adjacent properties.;

7. Prior to the issuance of a temporary housing permit, the city shall review the application and may require installation of such fire protection/detection equipment as may be deemed necessary as a condition to the issuance of the temporary housing permit; and

8. The unit shall comply with all applicable requirements in Title 11 - Critical Areas and Shoreline Management.

9. Recreational vehicles located within an approved recreational vehicle park are not subject to the standards set forth in this Section.

G. A recreational vehicle may be occupied for up to 14 (fourteen) days in a six (6) month period, with one potential extension of 14 (fourteen) additional days, per year, with a temporary use permit when located on a parcel in the RC, RU, or RMF zoning districts, provided:

1. The recreational vehicle shall not be parked on or overhanging a public right of way (street or sidewalk), and

2. The recreational vehicle shall not be connected to sewer or water systems.

H. Cargo Containers; When Allowed: Except pursuant to subsections A, “Temporary Construction LM and PF zones pursuant to a type 1 permit as an accessory use and in the RU zone pursuant to a type 3 permit as a conditional accessory use, subject to the following limitations as determined by the city administrator:

1. Only two (2) cargo containers will be allowed per lot with a maximum length of forty feet (40') per cargo container.

2. The cargo container must be located to minimize the visual impact to adjacent properties, parks, trails and rights of way. Property located across a public right of way is not regarded as adjacent property.

3. The cargo container must be sufficiently screened from adjacent properties, parks, trails and rights of way, as determined by the city administrator. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. If a cargo container is located on a lot adjacent to a residential zone, the cargo container shall be no greater in size than ten by twenty feet (10 x 20'), and shall have a stick built structure, with a peaked roof, constructed to completely enclose the container. No stick built structure shall be required if the cargo container is totally screened from adjacent residential properties as determined by the city administrator.

4. If located adjacent to a building, the outdoor cargo container must be painted to match the building’s color.

5. Cargo containers may not occupy any required off street parking spaces.

6. Cargo containers may not be used as an accessory dwelling unit.

7. Cargo containers shall meet all setback requirements for the zone.

8. Outdoor cargo containers may not be refrigerated.

9. Outdoor cargo containers may not be stacked.

10. Outdoor cargo containers must comply with all applicable requirements of title 11, “Critical Areas And Shoreline Management”, of this code, as now or hereafter amended.

11. Cargo containers shall be prohibited from having windows, heating and cooling, plumbing, or multiple entrances. Cargo containers are allowed to have electric, ventilation, and drainage systems installed that would be necessary to meet the minimum codes and standards for lighting, circulation, and drainage.

12. No signage shall be allowed on any cargo container unless approved in accordance with section 13-7-1 of this title, as now or hereafter amended.

13. Cargo containers shall not be visible from any site designated or identified as a local or national historic landmark or natural area. This includes significant vegetative features, stream and creek corridors, buildings, sites, structures and/or identified viewsheds of historic and/or cultural significance.

14. Cargo containers shall be safe, structurally sound, stable, and in good repair.

15. The location of the cargo container shall not block or impede fire or emergency access and shall not be located within or upon the public right of way except as may be permitted by the governing body managing or controlling the public right of way.

16. Conditional use permit for placement in the RU zone requires that the property be at least five (5) acres or more in size.

I. Temporary Portable Storage:

1. When Allowed: Cargo containers used for temporary portable storage may be located on property in all residential zones subject to the following:

a. Such cargo containers may be located on property within the city for a period not exceeding fourteen (14) consecutive days in duration from and including the date of delivery to the date of removal, without registering the property upon which such cargo container is located as provided at subsection G.2. of this section;

b. No more than one such cargo container may be located on a specific property within the city at one time and each such cargo container shall be individually limited in duration to the time period established herein;

c. Such cargo container may not be removed and relocated on a specific property more than two (2) times in any given thirty (30) calendar day period;

d. Such cargo container shall be located, if feasible, no closer than five feet (5') to the property line;

e. Such cargo container shall be placed on an existing impervious surface; provided that, in the vent that it is unfeasible to place the cargo container on an existing impervious surface, the cargo container may be placed anywhere on the property that is otherwise in compliance with this subsection G.1.;

f. It shall be the obligation of the owner or user of such cargo container to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the cargo container. In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, the appropriate law enforcement officers may require the immediate removal of such temporary structure;

g. No such cargo container shall be located in a manner that blocks access to a fire hydrant or obstructs the view of street intersections;

h. No such cargo container shall contain toxic or hazardous materials;

i. No such cargo container shall be located in the public right of way; and

j. No such cargo container shall be used to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, or commercial goods (i.e., used for retail sales), or personal property not from the residential property where the cargo container is located.

k. “Temporary portable storage” shall mean an unoccupied cargo container that is used on a temporary basis for the transient storage of personal property of any kind and which is located for such purposes outside an enclosed building.

2. Registration Required: The owner or occupant of the residential property upon which a cargo container is located pursuant to this subsection G, shall not cause or allow such cargo container to remain on such property beyond the duration specified in subsection G.1.a. of this section, unless the property upon which such cargo container has been located is registered with the city administrator and the ten dollar ($10.00) nonrefundable registration fee has been paid. The registration application shall contain the name of the applicant, whether the person owns, rents, occupies, or controls the property, the street address at which the cargo container has been placed (and assessor’s tax parcel number if available), the delivery date, removal date, and a description of the cargo container and its location on the registered property. The effective date of the registration shall be the date of approval of the registration application and the registration shall be conspicuously posted on the cargo container. A cargo container may be located upon the registered property for a period not to exceed sixty (60) days from the date of approval. No property may be registered more than one time in any one hundred eighty (180) day period.

3. Revocation: A violation of any of the provisions of this subsection shall, in addition to any other penalties provided herein, subject the registration approval to revocation by the city administrator.

4. Removal: The owner or occupant of the residential property is responsible for removing the cargo container from the property at the expiration of the registration approval or sooner if the registration is revoked by the city administrator.

5. Penalties: A violation of any of the provisions of this subsection shall be and constitute a class IV civil infraction for each day that such violation continues, and any person found to have committed such a violation shall be subject to a maximum fine of twenty five dollars ($25.00) for each such violation. Imposition of such penalties shall not preclude the city from exercising any other rights or remedies it may have to require or seek removal of a cargo container located in violation of this subsection.

J. Model Homes:

1. When Allowed: Any applicant who has received preliminary plat approval may apply for building permits for model homes, up to the number authorized under subsection 3 of this section.

2. Criteria: Prior to the issuance of model home permit(s), the applicant must demonstrate that the following criteria are met:

a. The applicant has submitted and received all required permits and approvals required of the preliminary plat approval; and

b. All required retention and detention facilities necessary for the areas of the subdivision serving the model homes are in place and functional, and in accordance with the civil permit approved by the city of Orting; and

c. All critical areas upon or immediately adjacent to the areas of the subdivision serving the model home(s) have been protected or mitigated, in accordance with adopted critical areas regulations and preliminary plat approval; and

d. The model home(s) shall meet the access and fire protection requirements of OMC Title 10; and

e. All areas of the subdivision serving the model home(s) have installed frontage improvements including, but not limited to, curb, gutter and sidewalk, street illumination, and landscaping as required by the preliminary plat approval or this code; and

f. All proposed streets serving the model homes shall be adequately marked with street signs conforming to the current Manual of Uniform Traffic Control Device (MUTCD) standards; and

g. Water and sewer conveyance systems are installed and functional to each lot proposed for model homes, in accordance with the approved civil permit; and

h. Lot property corners of all lots proposed to be used for the model home complex have been set by a licensed, professional land surveyor in accordance with the preliminary plat lot configuration; and

i. All impact fees for model homes shall be paid prior to issuance of a building permit for the model homes; and

j. Fire protection features including access, hydrants, and fire flow must be provided in accordance with OMC Title 10 and the approved civil plans prior to any combustible construction on any lot within the development. Such fire protection may be installed in a phased manner; provided, that they are in place and approved as prescribed by code for each individual parcel within the plat prior to issuance of a building permit for said parcel; and

k. Any model home utilized as an office space shall meet all applicable requirements for such use as provided for in OMC Title 10.

3. Application Process: In addition to the application requirements for a building permit, the following additional information for a model home shall be included:

a. The applicant shall have written authorization from the property owner permitting the model home(s) if the applicant is other than the owner of the approved preliminary plat; and

b. Title report current within the last thirty (30) days; and

c. Name of approved preliminary plat as well as the proposed name of the final plat (if different); and

d. Date of preliminary plat approval; and

e. Date of preliminary plat expiration; and

f. Copy of City Council decision approving the preliminary plat; and

g. Overall site plan showing the preliminary plat, including phases (if applicable) and the location of all proposed model homes; and

h. Individual site plan showing the location of the model home(s) in relation to the property lines and setbacks consistent with the preliminary plat approval; and

i. A statement from the applicant in which the applicant acknowledges that construction of any model home is at applicant’s own risk and agrees to indemnify and hold harmless the city, its elected and appointed officials, employees, agents, and representatives from any and all claims related to the model homes, including but not limited to any costs of removal of such buildings and portions not in compliance with the final plat approval.

4. Number Of Model Homes Per Plat: The number of allowed model homes varies per plat. Approved preliminary plats are allowed to have model homes as follows:

a. Plats with five through nineteen (19) lots may have one model home;

b. Plats with twenty (20) or more lots may have up to ten percent (10%) of the lots be model homes. If the number of model homes yielded from this calculation is a fractional number, the result shall be rounded down to the nearest whole number.

5. Occupancy: Certificate of occupancy shall not be granted for any of the model homes until the final plat has been recorded. However, the applicant shall request final inspection and temporary occupancy for model homes prior to final plat recording, provided:

a. The owner and homebuilder have complied with applicable state law with regard to any agreements to transfer, sell or lease property within the preliminary plat prior to final plat recording; and

b. All building and fire safety requirements have been met to the satisfaction of the city’s building official and fire marshal; and

c. Driveway approaches for each model home requesting occupancy have been installed; and

d. Repairs to the roadway improvements have been completed as necessary due to damage as a result of model home construction, if any; and

e. Miscellaneous utility work as necessary to minimize potential for damage to vehicles or tripping hazards has been completed; and

f. Miscellaneous work to provide access for maintenance or operation of underground utilities has been completed; and

g. No model home shall be occupied for residential use prior to recording of the final plat. No model home shall be sold, leased, rented or otherwise transferred in ownership until the final plat is recorded, unless the property interest is transferred in conjunction with a transfer in interest of the plat as a whole; and

h. The hours of operation for the model home(s) can only be between the hours of six o'clock (6:00) A.M. to nine o'clock (9:00) P.M.; and

i. The city’s building/fire safety department and public works department have verified all water and sewer connections are connected and installed in accordance with the approved civil permit. (Ord. 889, 9-8-2010; amd. Ord. 2024-1133, 10-30-2024; Ord. 2024-1136, 12-11-2024)