TEMPORARY USES1
Editor's note—Ord. No. 13-21, § 1(Exh. A), adopted Feb. 14, 2022, amended Ch. 701 in its entirety to read as herein set out. Former Ch. 701, §§ 701.001—701.040 pertained to similar subject matter and derived from Prior Code, § 701.001; Ord. No. 31-13; and Ord. No. 11-14.
The purpose of the chapter is to establish standards and a review procedure for uses allowed as temporary uses under the UDC.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Construction modular means a structure designed for temporary use that requires a building permit, which provides office space, break rooms, restrooms, temporary accommodations for a use on the site that has been displaced due to construction, or any similar accommodations, during an active construction project.
Construction storage yard means a storage area for construction supplies, materials, and/or equipment, located on a site other than the construction site itself, for use only during the actual construction of a project.
Emergency shelter means a temporary facility that provides safe and habitable shelter and supporting services to individuals without shelter or in need of temporary relief from adverse environmental conditions during periods of time when authorized by the City's Emergency Program Manager.
Managed temporary village means an area providing temporary living accommodations to unhoused individuals in a managed and secure environment within temporary non-permanent structures, such as micro shelters, tents, and vehicles, and with consistent access to on-site restrooms, storage, garbage removal, and additional services.
Replacement single family dwelling means a new single family dwelling constructed to replace an existing owner occupied, site-built, single family dwelling on the same lot.
Residential sales/development office means a building or structure within a subdivision, planned unit development (PUD), condominium development, apartment complex, or manufactured dwelling park whose principal use is for the sale, rent, lease, and/or development of lots, units, and/or structures within the subdivision, PUD, condominium development, apartment complex, or manufactured dwelling park.
Safe parking shelter means a facility that allows overnight vehicle camping for unhoused individuals.
Shelter unit means an individual structure within a managed temporary village providing living and sleeping accommodations.
Temporary and seasonal gravel off-street parking and loading area means a gravel off-street parking or loading area utilized to meet a need for parking or loading that is temporary or seasonal in nature, and which is restricted to a limited duration.
Temporary motor vehicle and recreational vehicle sales means the use of property for the sale of cars, light trucks, or recreational vehicles by a commercial dealer for a period that does not exceed four consecutive days.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022; Ord. No. 22-22, § 1(Exh. A), 11-28-2022)
(a)
Applicability. No building, structure, or land shall be used or developed for any use which is allowed as a temporary use under the UDC unless a temporary use permit has been granted pursuant to this chapter.
(b)
Classes.
(1)
Class 1 temporary use permit. A Class 1 temporary use permit is a temporary use permit for the following:
(A)
Christmas tree sales;
(B)
Construction modular;
(C)
Construction storage yard;
(D)
Emergency shelter;
(E)
Managed temporary village with ten or fewer shelter units;
(F)
Replacement single family dwelling;
(G)
Residential sales/development office;
(H)
Safe parking shelter; and
(I)
Temporary motor vehicle and recreational vehicle sales.
(2)
Class 2 temporary use permit. A Class 2 temporary use permit is a temporary use permit for the following:
(A)
Managed temporary village with 11 to 40 shelter units; and
(B)
Temporary and seasonal gravel parking and loading areas.
(c)
Procedure type.
(1)
A Class 1 temporary use permit is processed as a Type I procedure under SRC chapter 300.
(2)
A Class 2 temporary use permit is processed as a Type II procedure under SRC chapter 300.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022; Ord. No. 22-22, § 1(Exh. A), 11-28-2022)
Christmas tree sales shall comply with the following:
(a)
Temporary use permit required. Christmas tree sales shall require a Class 1 temporary use permit.
(b)
Submittal requirements. An application for a Class 1 temporary use permit for Christmas tree sales shall include the submittal requirements for a Type I application under SRC chapter 300.
(c)
Standards. Christmas tree sales shall comply with the standards set forth in this subsection.
(1)
Period of use. Christmas tree sales may be conducted in the location authorized under a temporary use permit only during the months of November and December.
(d)
Criteria. A Class 1 temporary use permit for Christmas tree sales shall be granted if the applicable standards set forth in this section are met.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
Construction modulars shall comply with the following:
(a)
Temporary use permit required. Construction modulars shall require a Class 1 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a Class 1 temporary use permit for a construction modular shall include the following:
(1)
A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
The location of the proposed temporary construction modular.
(2)
A restoration plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
If the placement of the construction modular would disturb a landscaped or undeveloped site, the restoration plan shall demonstrate how the site will be restored to its previous condition when the modular is removed.
(c)
Standards. Temporary construction modular shall comply with the standards set forth in this subsection.
(1)
Period of use. A construction modular may operate in the location authorized under a temporary use permit during active construction. The modular must be removed prior to the final occupancy being granted to the on-site construction project.
(2)
Location. A construction modular shall be located on the construction site or within 500 feet of the construction site it serves. For purposes of this subsection, the term "construction site" means the property subject to an active building permit.
(d)
Criteria. A Class 1 temporary use permit for a construction modular shall be granted if the applicable standards set forth in this section are met.
(Ord. No. 22-22, § 1(Exh. A), 11-28-2022)
Construction storage yards shall comply with the following:
(a)
Temporary use permit required. Construction storage yards shall require a Class 1 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a Class 1 temporary use permit for a construction storage yard shall include the following:
(1)
A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
The location of the proposed temporary construction storage yard in relation to the construction site it will serve.
(c)
Standards. Temporary construction storage yards shall comply with the standards set forth in this subsection.
(1)
Period of use. A construction storage yard may operate in the location authorized under a temporary use permit for a period not to exceed six consecutive months; provided, however, such permit may be extended for additional six-month periods for active projects.
(2)
Location. A construction storage yard shall be located within 500 feet of the construction site it serves. For purposes of this subsection, the term "construction site" means the property subject to an active building permit.
(3)
Prohibited storage. No demolition debris or other waste may be stored or processed on the site.
(d)
Criteria. A Class 1 temporary use permit for a construction storage yard shall be granted if the applicable standards set forth in this section are met.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
Emergency shelters shall comply with the following:
(a)
Temporary use permit required. Emergency shelters shall require a Class 1 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a Class 1 temporary use permit for an emergency shelter shall include the following:
(1)
The proposed duration of the use;
(2)
The number of individuals proposed to be served;
(3)
Building floor plans, drawn to scale, for each building floor proposed to be used for emergency shelter identifying:
(A)
Floor area;
(B)
The location and square footage of all sleeping rooms, and the use of adjacent rooms;
(C)
Common gathering areas;
(D)
Restrooms; and
(E)
Required exiting to meet Building Code and fire and life safety requirements.
(4)
Identification of the types of sleeping accommodations that will be provided such as cots, bunk beds, etc.;
(5)
An emergency evacuation plan for the evacuation of all visitors and staff in an emergency event. The emergency evacuation plan shall contain the following:
(A)
A plan showing the path of egress from the proposed shelter spaces and from the building; and
(B)
Safety and evacuation instructions to be provided to occupants each evening before sleeping that includes a prohibition on smoking and directions to exists and other escape routes; and
(6)
A completed emergency shelter fire and life safety checklist, on a form provided by the Director.
(c)
Standards. Emergency shelters shall comply with the standards set forth in this subsection.
(1)
An emergency shelter is authorized to operate under an emergency declaration or a determination from the City's Emergency Program Manager that weather or other conditions exist that create an urgent need for temporary shelter. For purposes of this subsection qualifying conditions include, but are not limited to, conditions which pose a potential risk of injury or death or result in the displacement of individuals from their homes as a result of extreme temperatures, fire, smoke, floods, geologic events, or other adverse conditions or events that threaten human health and safety.
(2)
Period of use.
(A)
An emergency shelter may operate at the location approved under a temporary use permit for a period not to exceed 180 days within any 12-month period, subject to applicable Building Code and fire and life safety requirements.
(B)
The temporary use permit may be renewed, provided the applicant demonstrates that the facts upon which the temporary use permit was originally granted have not materially changed and the shelter has maintained conformance with the standards set forth in this section. A maximum of one renewal is allowed.
(3)
Location.
(A)
An emergency shelter shall only be located:
(i)
In a zone where the use is allowed;
(ii)
On property owned by a public, non-profit, religious, or commercial entity; and
(iii)
Within an existing building, or space within an existing building, that is approved for conformance with applicable fire, life safety, and Building Code requirements.
(B)
Notwithstanding subsection (c)(3)(A) of this section, an emergency shelter shall not be located on property abutting a residential zone, except when the emergency shelter is on the property of a religious assembly use.
(4)
Maximum occupancy. The maximum number of individuals an emergency shelter may accommodate shall be the maximum number of people the building, or space within the building, is allowed to accommodate as determined by the Building Official.
(5)
Operational standards.
(A)
Operation and management. An emergency shelter must be operated by:
(i)
A local government, as defined in ORS 174.116;
(ii)
An organization with a minimum of two years' experience operating an emergency shelter or providing shelter and support services to the homeless that is:
(aa)
A local housing authority, as defined in ORS 456.375;
(bb)
A religious corporation, as defined in ORS 65.001; or
(cc)
A public benefit corporation, as defined in ORS 65.001, whose charitable purpose includes the support of homeless individuals and that has been recognized as exempt from income tax under section 501(a) of the Internal Revenue Code on or before January 1, 2017; or
(iii)
A non-profit corporation partnering with any other entity described in this subsection.
(B)
Staffing. An on-site manager shall be present at all times when the shelter is in operation.
(C)
Required support services and facilities. An emergency shelter shall include a minimum of two restrooms.
(D)
Fees for accommodations and services. The operator of an emergency shelter may not charge a fee for any of the accommodations or services provided.
(6)
Fire, life safety, and Building Code review and inspection required.
(A)
An emergency shelter with a proposed period of use of 90 days or less shall be reviewed by the Fire Department for conformance with applicable fire and life safety requirements.
(B)
An emergency shelter with a proposed period of use of more than 90 days but not more than 180 days shall require the approval of a temporary use through the Building and Safety Division.
(C)
An emergency shelter shall be inspected for conformance with applicable fire, life safety, and Building Code requirements prior to the approval of the temporary use permit.
(d)
Criteria. A Class 1 temporary use permit for an emergency shelter shall be granted if the applicable standards set forth in this section are met.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
Managed temporary villages shall comply with the following:
(a)
Temporary use permit required. Managed temporary villages shall require either a Class 1 or Class 2 temporary use permit.
(1)
A Class 1 temporary use permit shall be required for a managed temporary village with ten or fewer shelter units.
(2)
A Class 2 temporary use permit shall be required for a managed temporary village with 11 to 40 shelter units.
(b)
Submittal requirements. In addition to the submittal requirements set forth under SRC chapter 300, an application for a Class 1 or Class 2 temporary use permit for managed temporary village shall include the following:
(1)
A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
The total size area, dimensions, and orientation relative to north;
(B)
The proposed layout of the site, including the location of all proposed shelter units and structures, the separation between shelter units, and the setbacks of all shelter units and structures to perimeter property lines;
(C)
The location of the following as applicable:
(i)
Space for on-site manager;
(ii)
Toilet, handwashing, and shower facilities;
(iii)
Food preparation and dining facilities;
(iv)
Laundry facilities, or, if laundry services will not be provided on-site, an explanation of how laundry services will be provided in the operation and management plan;
(v)
Trash collection area(s);
(vi)
Secured covered storage area(s) for resident's personal belongings;
(vii)
Common gathering area(s);
(viii)
The area where residents can receive medical care, casework, counseling, and other support services;
(ix)
Secured storage area for any flammable or explosive materials, such as propane tanks used in food preparation, that will be used in the operation of the shelter;
(x)
The location, height, and material of required perimeter fencing and screening; and
(xi)
The location of proposed off-street parking and vehicle use areas, driveway approaches, and driveways.
(2)
Written authorization from the owner of the property to use it as a managed temporary camping area.
(3)
Proof of management entity's experiencing operating non-profit shelters.
(4)
An operation and management plan setting for the rules for shelter use and provisions for facility operation and maintenance.
(5)
For sites within a floodplain, a flood warning and response plan that includes advance flood warning coordination and an evacuation plan.
(6)
For publicly owned sites or publicly funded projects on private property within a known archaeological resource, proof that the proposed use has received an archaeological certificate of clearance.
(c)
Standards. Managed temporary villages shall comply with the standards set forth in this subsection.
(1)
Period of use.
(A)
A managed temporary village may operate at the location approved under a temporary use permit for a period not to exceed one year.
(B)
The temporary use permit may be renewed annually, provided the applicant demonstrates that the facts upon which the temporary use permit was originally granted have not materially changed and the shelter has maintained conformance with the standards set forth in this section. Notwithstanding subsection (c)(2)(B)(ii) of this subsection, subsequent establishment of a basic education use on an abutting property shall not be reason for the denial of the renewal of an application. The maximum cumulative total period for all renewals shall not exceed nine years.
(2)
Location.
(A)
A managed temporary village shall only be located:
(i)
In a zone where the use is allowed; and
(ii)
On property abutting an arterial or collector street or on property abutting a street and located within one-half mile of a transit route.
(B)
Notwithstanding subsection (c)(2)(A) of this section, a managed temporary village shall not be located:
(i)
On property used for residential use;
(ii)
On property abutting a basic education use;
(iii)
Within an area with moderate or high landslide hazard risk pursuant to SRC chapter 810;
(iv)
Within a mapped floodway;
(v)
Within a mapped flood plain, except as approved under SRC chapter 601;
(vi)
Within a wetland or riparian corridor; or
(vii)
On property with a known archaeological resource, except as approved under SRC chapter 230.
(3)
Maximum number and types of shelter units allowed.
(A)
The maximum total number of shelter units within a managed temporary village shall not exceed 40. The maximum number of shelter units does not include any shelter units provided within a building on the same site.
(B)
Any of the following, either individually or in combination, are allowed as shelter units within a managed temporary village provided the maximum number of allowed shelter units is not exceeded:
(i)
Pre-fabricated, non-permanent, portable structures such as tiny homes, yurts, Conestoga huts, and similar structures;
(ii)
Tents and similar non-permanent portable structures designed specifically for camping; and
(iii)
Vehicles such as cars, trucks, vans, motorized or towable recreational vehicles, and similar conveyances.
(C)
Improvised camps are not allowed.
(4)
Maximum number of residents per shelter unit. Except for vehicles, not more than two adults, 18 years of age or older, shall be allowed per shelter unit. Within a vehicle, either a family consisting of an individual or two or more persons related by blood, marriage, domestic partnership, legal adoption, or guardianship or not more than two unrelated adults, 18 years of age or older, shall be allowed per vehicle.
(5)
Operational standards.
(A)
Operation and management. A managed temporary village must be operated and managed by:
(i)
A local government, as defined in ORS 174.116;
(ii)
An organization with a minimum of two years' experience operating an emergency shelter or providing shelter and support services to the homeless that is:
(aa)
A local housing authority, as defined in ORS 456.375;
(bb)
A religious corporation, as defined in ORS 65.001; or
(cc)
A public benefit corporation, as defined in ORS 65.001, whose charitable purpose includes the support of homeless individuals and that has been recognized as exempt from income tax under section 501(a) of the Internal Revenue Code on or before January 1, 2017; or
(iii)
A non-profit corporation partnering with any other entity described in this subsection.
(B)
Staffing. An on-site manager shall be present at all times when the shelter is in operation.
(C)
Required support services and facilities. A managed temporary village shall include the following on-site support services and facilities for the health, safety, and support of residents:
(i)
Support services and facilities required for all managed temporary villages. All managed temporary villages shall provide at a minimum the following support services and facilities:
(aa)
A minimum of one toilet per ten occupants;
(bb)
Handwashing facilities;
(cc)
A secure covered storage area for resident's personal belongings; and
(dd)
A solid waste collection and servicing area, meeting the vehicle operation area requirements of SRC 800.055(f), that includes at least one solid waste receptacle a minimum of six cubic yards in in size.
(ii)
Additional support services and facilities required for managed temporary villages with more than ten shelter units. Managed temporary villages with more than ten shelter units shall provide the following additional support services and facilities:
(aa)
A minimum of two showers or, if showers will not be provided on-site, an explanation of how access to off-site showers will be provided;
(bb)
A designated covered dining area;
(cc)
A laundry facility or, if laundry service will not be provided on-site, an explanation of how access to off-site laundry service will be provided;
(dd)
A designated common area for gathering;
(ee)
A designated area where residents can meet with social workers and health care professionals to receive case management, counseling, and support services, as well as needed medical treatment or examinations; and
(ff)
A secure covered storage area for supplies needed to operate the shelter.
(D)
Fees for accommodations and services. The operator of a managed temporary village may not charge residents a fee for any of the accommodations or services required under this section.
(E)
Operation and management plan. A managed temporary village shall include an operation and management plan that shall at a minimum identify:
(i)
Rules for shelter use and a code of conduct for governing resident behavior.
(ii)
Provisions for supervision, safety, and security.
(iii)
The proposed operational period for the shelter.
(iv)
The hours that people may stay at the site.
(v)
The number of continuous days an individual may reside at the shelter.
(vi)
Provisions for shelter operation and maintenance including:
(aa)
Garbage pickup and disposal;
(bb)
Sewage and grey water pickup and disposal;
(cc)
Pest control services; and
(dd)
How the site will be kept free of trash and debris.
(vii)
The support services and facilities that will be provided to shelter residents.
(6)
Development standards. A managed temporary village shall conform to the following development standards:
(A)
Setbacks. Setbacks for managed temporary villages shall be provided as follows:
(i)
Abutting street. A minimum 15-foot setback shall be provided from any property line abutting a street.
(ii)
Interior front, side, and rear.
(aa)
Abutting industrial and employment zones. A minimum five-foot setback shall be provided from any interior front, side, or rear property line abutting an industrial and employment zone.
(bb)
Abutting all other zones. A minimum 15-foot setback shall be provided from any interior front, side, or rear property line abutting all other zones.
(iii)
No shelter units, storage areas, sanitation facilities, off-street parking and vehicle use areas, or any other structures or areas associated with the managed temporary village shall be located within the required setback area.
(iv)
Notwithstanding subsection (c)(6)(A)(iii) of this section:
(aa)
Existing paved off-street parking and vehicle use areas on a site may be used for the placement of shelter units and the parking and maneuvering of vehicles regardless of setback.
(bb)
Required perimeter fencing/screening may be located within the required setback.
(B)
Height. No structure within a managed temporary village shall exceed a maximum height of 15 feet. Maximum structure height does not apply to vehicles.
(C)
Permitted structure type. All structures within a managed temporary village shall be portable non-permanent structures.
(D)
Shelter unit standards.
(i)
Shelter units shall not exceed a maximum 120 square feet in size and may, except for shelter units in tents, vehicles, or other structures not suitable for attachment, be attached in larger structures. Maximum shelter unit size shall not apply to vehicles.
(ii)
A minimum six-foot-wide clear open area/separation shall be maintained around each shelter unit and any structure containing attached shelter units to allow for unobstructed pedestrian access throughout the site and to individual shelter units.
(iii)
Except for vehicles, shelter units may be located on either a paved or unpaved surface. Shelter units provided in vehicles shall be located on a paved or compacted gravel surface.
(iv)
Shelter units shall only be located on areas of a site that are flat and well drained.
(v)
All shelter units shall be numbered and arranged sequentially on-site in order to facilitate efficient emergency response.
(vi)
When shelter units are provided in tents or similar non-permanent portable structures designed specifically for camping, they shall be located under a separate canopy or similar structure in order to provide weather protection from the sun and rain.
(vii)
When shelter units are provided in vehicles, any vehicles possessing a septic system must be emptied and free of leaks prior to admittance to the site.
(E)
Bicycle parking. A minimum of 0.25 bicycle parking spaces shall be provided per shelter unit. Bicycle parking is exempt from the bicycle parking development standards included under SRC 806.060.
(F)
Vehicle use area surfacing. All areas of the site used for vehicle access, parking, and maneuvering shall be paved with a hard surface material or shall be located on a compacted gravel surface. When compacted gravel is utilized:
(i)
The first ten feet of driveway length leading into the property, as measured from the property line, shall be paved with a hard surface material.
(ii)
Upon expiration or termination of the temporary use permit, compacted gravel areas shall be closed to vehicle access and parking by installation of a physical barrier.
(G)
Perimeter fencing/screening. A minimum six-foot-tall sight-obscuring fence with gate shall be provided around the perimeter of the managed temporary village.
(H)
Managed temporary villages shall not be located in a manner which obstructs required pedestrian connections, fire lanes or emergency access areas, or required vision clearance areas.
(I)
Alterations to existing property.
(i)
Existing trees and existing landscaping within required setbacks shall not be removed in order to accommodate a proposed managed temporary village.
(ii)
If an existing off-street parking or vehicle use area is proposed to be expanded to accommodate a proposed managed temporary village, the expanded off-street parking or vehicle use area shall comply with the applicable standards of SRC chapter 806.
(7)
Additional applicable codes and standards. In addition to all other applicable laws and regulations, a managed temporary village shall be developed, maintained, and operated in compliance with the applicable provisions of the following:
(A)
SRC chapter 50 (Property Maintenance);
(B)
SRC chapter 56 (Building Code);
(C)
SRC chapter 58 (Fire Prevention Code);
(D)
SRC chapter 93 (Noise);
(E)
SRC chapter 97 (Human Rights).
(d)
Criteria. A Class 1 or Class 2 temporary use permit for a managed temporary village shall be granted if all of the applicable standards set forth in this section are met.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022; Ord. No. 22-22, § 1(Exh. A), 11-28-2022; Ord. No. 4-23, § 1(Exh. A), 4-24-2023; Ord. No. 8-24, § 1(Exh. A), 9-23-2024)
Replacement single family dwellings shall comply with the following:
(a)
Temporary use permit required. Replacement single family dwellings shall require a Class 1 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a Class 1 temporary use permit for a replacement single family dwelling shall include the following:
(1)
A bond and removal agreement, in conformance subsection (c)(3) of this section.
(c)
Standards. Replacement single family dwellings shall comply with the standards set forth in this subsection.
(1)
Period of use. The existing single family dwelling shall be removed within six months from date of issuance of the building permit for the replacement single family dwelling; provided, however, the Planning Administrator may grant the owner one extension for up to six months to remove the existing family dwelling if the owner proves that unusual circumstances beyond their control, and not financial circumstances, have delayed construction of the replacement single family dwelling.
(2)
Demolition permit required. A demolition permit for the existing single family dwelling shall be obtained by the owner at the time the building permit for the replacement single family dwelling is issued.
(3)
Bond and removal agreement required. The owner of the existing single family dwelling shall post a $7,500.00 bond and enter into an agreement with the City granting the City authority to remove the existing single family dwelling if the owner fails to remove the structure in compliance with subsection (c)(1) of this section.
(d)
Criteria. A Class 1 temporary use permit for a replacement single family dwelling shall be granted if the applicable standards set forth in this section are met.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
Residential sales/development offices shall comply with the following:
(a)
Temporary use permit required. Residential sales/development offices shall require a Class 1 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a Class 1 temporary use permit for a residential sales/development office shall include the following:
(1)
A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
The total site area, dimensions, and orientation relative to north; and
(B)
The location, distance to property lines, and height of the proposed building or structure to be used as a residential sales/development office.
(c)
Standards. Residential sales/development offices shall comply with the standards set forth in this subsection.
(1)
Period of use. A residential sales/development office may operate in the location authorized under a temporary use permit until the later of the following:
(A)
Completion of the subdivision, PUD, condominium, apartment complex, or manufactured dwelling park; or
(B)
The sale, rent, or lease of all lots and/or structures within the subdivision, PUD, condominium, apartment complex, or manufactured dwelling park.
(2)
Building or structure to be sited and constructed to accommodate a permitted use. The building or structure to be used as a residential sales/development office shall be constructed and sited for the ultimate purpose of a legally permitted use. A mobile home that is being used as a temporary residential sales/development office shall be removed when its use as a residential sales/development office has ceased.
(3)
Appearance; maintenance. The exterior of a residential sales/development office shall be finished and the site shall be landscaped and maintained while being used as a residential sales/development office. All plant material that dies or is diseased while the structure is being used as a residential sales/development office shall be replaced.
(4)
Hours of operation. The hours of operation of a residential sales/development office shall be limited to between 8:00 a.m. and 8:00 p.m.
(5)
Restoration to residential use. Upon termination of the use of the building or structure as a temporary residential sales/development office, the property shall be restored to its residential condition and use.
(d)
Criteria. A Class 1 temporary use permit for a residential sales/development office shall be granted if the applicable standards set forth in this section are met.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
Safe parking shelters shall comply with the following:
(a)
Temporary use permit required. Safe parking shelters shall require a Class 1 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a Class 1 temporary use permit for a safe parking shelter shall include the following:
(1)
A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
The total size, area, dimensions, and orientation relative to north;
(B)
The location of the following as applicable:
(i)
The location of the off-street parking or vehicle use area(s) where vehicles will be parked overnight;
(ii)
The location of restroom facilities that will be available to overnight guests; and
(iii)
The location of trash collection area(s) that will be available to overnight campers;
(2)
The number of vehicles proposed to be served per night;
(3)
Written authorization from the owner of the property to use it as a safe parking shelter; and
(4)
An operation and management plan setting forth the rules for shelter use and provisions for shelter operation and maintenance.
(c)
Standards. Safe parking shelters shall comply with the standards set forth in this subsection.
(1)
Period of use.
(A)
A safe parking shelter may operate at the location approved under a temporary use permit for a period not to exceed three years.
(B)
The temporary use permit may be renewed annually, provided the applicant demonstrates that the facts upon which the temporary use permit was originally granted have not materially changed and the shelter has maintained conformance with the standards set forth in this section. Notwithstanding subsection (c)(2)(B)(ii) of this subsection, subsequent rezoning to a residential zone on an abutting property shall not be reason for the denial of the renewal of an application.
(2)
Location.
(A)
A safe parking shelter shall only be located:
(i)
In a zone where the use is allowed; and
(ii)
On property that is used and developed exclusively for a governmental, non-profit, religious, commercial, or industrial use.
(B)
Notwithstanding subsection (c)(2)(A) of this section, a safe parking shelter shall not be located:
(i)
On property developed exclusively for residential use.
(3)
Maximum number vehicles allowed. The maximum total number of vehicles within a safe parking shelter shall not exceed ten.
(4)
Operational Standards.
(A)
Hours of Operation. Safe parking shelters shall only operate between the hours of 7:00 p.m. and 7:00 a.m. All vehicles shall be required to leave the premises outside of the hours of operation.
(B)
Required support services and facilities. A safe parking shelter shall provide at a minimum the following on-site services and facilities for the health and safety of overnight guests:
(i)
A minimum of one toilet per 10 occupants;
(ii)
Handwashing facilities; and
(iii)
A solid waste receptacle that is the equivalent of one 32 cubic foot garbage receptacle for each vehicle on the premises in addition to any garbage receptacles otherwise required for the property.
(C)
Fees for accommodations and services. The operator of a safe parking shelter may not charge overnight guests a fee for any of the accommodations or services required under this section.
(D)
Operation and management plan. A safe parking shelter shall include an operation and management plan that shall at a minimum identify:
(i)
Rules for shelter use and a code of conduct for governing resident behavior;
(ii)
Provisions for supervision, safety, and security;
(iii)
The proposed operational period for the shelter;
(iv)
Provisions for shelter operation and maintenance including:
(aa)
Garbage pickup and disposal;
(bb)
Sewage and grey water pickup and disposal;
(cc)
Pest control services; and
(dd)
How the site will be kept free of trash and debris.
(vii)
The support services and facilities that will be provided to shelter residents.
(6)
Development standards. Safe parking shelters shall conform to the following development standards:
(A)
Location of Vehicles. Safe sleep parking vehicles must be parked in an approved parking lot or vehicle use area. If an existing off-street parking or vehicle use area is proposed to be expanded to accommodate a proposed safe sleep shelter, the expanded off-street parking or vehicle use area shall comply with the applicable standards of SRC Chapter 806.
(B)
Permitted vehicle type. Vehicles such as cars, trucks, vans, motorized recreational vehicles, and similar conveyances are permitted. Vehicles at safe parking shelters shall conform to the following:
(i)
All vehicles used for camping must be operable and able to leave the premises every morning;
(ii)
Any vehicles possessing a septic system must be emptied and free of leaks prior to admittance to the site; and
(iii)
Prefabricated, non-permanent, portable structures such as tiny homes, yurts, Conestoga huts, and tents, and other non-vehicle structures are not permitted for overnight camping in a safe parking shelter.
(C)
Safe sleeping shelter vehicles shall not be located in a manner which obstructs required pedestrian connections, fire lanes or emergency access areas, or required vision clearance areas.
(D)
No open flames will be allowed at the location, including within the vehicles.
(7)
Additional applicable codes and standards. In addition to all other applicable laws and regulations, a safe sleep shelter shall be developed, maintained, and operated in compliance with the applicable provisions of the following:
(A)
SRC chapter 50 (Property Maintenance);
(B)
SRC chapter 56 (Building Code);
(C)
SRC chapter 58 (Fire Prevention Code);
(D)
SRC chapter 93 (Noise);
(E)
SRC chapter 97 (Human Rights).
(d)
Criteria. A Class 1 temporary use permit for a safe sleep shelter shall be granted if all of the applicable standards set forth in this section are met.
(Ord. No. 22-22, § 1(Exh. A), 11-28-2022)
Temporary motor vehicle and recreational vehicle sales shall comply with the following:
(a)
Temporary use permit required. Temporary motor vehicle and recreational vehicle sales shall require a Class 1 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a Class 1 temporary use permit for temporary motor vehicle or recreational vehicle sales shall include the following:
(1)
A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
The location of the proposed temporary motor vehicle or recreational vehicle sales area.
(c)
Standards. Temporary motor vehicle and recreational vehicle sales shall comply with the standards set forth in this subsection.
(1)
Period of use. Temporary motor vehicle and recreation vehicle sales may be conducted in the location authorized under a temporary use permit for a period not to exceed four consecutive days and shall not be held more than three times per calendar year.
(d)
Criteria. A Class 1 temporary use permit for temporary motor vehicle and recreational vehicle sales shall be granted if the applicable standards set forth in this section are met.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
Temporary and seasonal gravel off-street parking and loading areas shall comply with the following:
(a)
Temporary use permit required. Temporary and season gravel off-street parking and loading areas shall require a Class 2 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type II application under SRC chapter 300, an application for a Class 2 temporary use permit for a temporary or seasonal gravel off-street parking or loading area shall include the following:
(1)
A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
The total site area, dimensions, and orientation relative to north;
(B)
The location, total area, distance to property lines, and layout of the proposed temporary or seasonal gravel off-street parking or loading area, including the size, number, and dimensions of proposed parking or loading spaces, and the location of wheel barriers;
(C)
The proposed thickness of the gravel improvement;
(D)
The location of proposed driveways and driveway approaches;
(E)
The location of proposed landscaping; and
(F)
The location, height, and material of proposed screening.
(c)
Standards. Temporary and seasonal gravel off-street parking and loading areas shall comply with the standards set forth in this subsection.
(1)
Period of use.
(A)
A seasonal gravel off-street parking or loading are may be approved at the location authorized under a temporary use permit for a period not to exceed six consecutive months within any 12-month period.
(B)
A temporary gravel off-street parking or loading area may be approved at the location authorized under a temporary use permit for a period not to exceed one year.
(C)
A temporary use permit for a temporary or seasonal gravel off-street parking or loading area may be renewed annually, provided the applicant demonstrates that the facts upon which the temporary use permit was originally granted have not materially changed. The maximum cumulative total period for all such renewals shall not exceed five years.
(2)
Location. No temporary or seasonal gravel off-street parking or loading area shall be located within the Central Business District (CB) Zone or within 500 feet of a residential zone.
(3)
Size. The temporary or seasonal gravel off-street parking or loading area shall not exceed 15,000 square feet; provided, however, that any other more restrictive size requirement established by state or federal laws or rules shall be met.
(4)
Improvement. Temporary and seasonal gravel off-street parking and loading areas shall be improved with a minimum of four inches of base rock covered by a minimum of two inches of three-quarter inch or smaller crushed rock as a leveling course; provided, however, temporary and seasonal gravel off-street parking and loading areas used exclusively by passenger cars need only be improved with a minimum of three inches of base rock.
(5)
Landscaping. A landscaped area a minimum of five feet in depth shall be provided around the perimeter of the temporary or seasonal gravel off-street parking or loading area.
(6)
Screening. Temporary and seasonal gravel off-street parking and loading areas shall be screened from all adjacent uses by a sight-obscuring fence, wall, or hedge. Screening may be located within the perimeter landscaping required in subsection (c)(5) of this section.
(7)
Wheel barriers. Wheel barriers shall be provided to designate each parking space.
(8)
Paving upon expiration or termination. Upon expiration or termination of the temporary use permit, the temporary or seasonal gravel off-street parking or loading area shall be paved, in accordance with SRC chapter 806, or closed to vehicle access by a physical barrier.
(d)
Criteria. A Class 2 temporary use permit for a temporary or seasonal gravel off-street parking or loading area shall be granted if all of the following criteria are met:
(1)
The temporary or seasonal parking or loading need cannot otherwise be reasonably and economically met.
(2)
The use of the gravel off-street parking or loading area will be, in fact, temporary or seasonal.
(3)
The temporary or seasonal gravel off-street parking or loading area complies with the applicable standards set forth in this section.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
TEMPORARY USES1
Editor's note—Ord. No. 13-21, § 1(Exh. A), adopted Feb. 14, 2022, amended Ch. 701 in its entirety to read as herein set out. Former Ch. 701, §§ 701.001—701.040 pertained to similar subject matter and derived from Prior Code, § 701.001; Ord. No. 31-13; and Ord. No. 11-14.
The purpose of the chapter is to establish standards and a review procedure for uses allowed as temporary uses under the UDC.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Construction modular means a structure designed for temporary use that requires a building permit, which provides office space, break rooms, restrooms, temporary accommodations for a use on the site that has been displaced due to construction, or any similar accommodations, during an active construction project.
Construction storage yard means a storage area for construction supplies, materials, and/or equipment, located on a site other than the construction site itself, for use only during the actual construction of a project.
Emergency shelter means a temporary facility that provides safe and habitable shelter and supporting services to individuals without shelter or in need of temporary relief from adverse environmental conditions during periods of time when authorized by the City's Emergency Program Manager.
Managed temporary village means an area providing temporary living accommodations to unhoused individuals in a managed and secure environment within temporary non-permanent structures, such as micro shelters, tents, and vehicles, and with consistent access to on-site restrooms, storage, garbage removal, and additional services.
Replacement single family dwelling means a new single family dwelling constructed to replace an existing owner occupied, site-built, single family dwelling on the same lot.
Residential sales/development office means a building or structure within a subdivision, planned unit development (PUD), condominium development, apartment complex, or manufactured dwelling park whose principal use is for the sale, rent, lease, and/or development of lots, units, and/or structures within the subdivision, PUD, condominium development, apartment complex, or manufactured dwelling park.
Safe parking shelter means a facility that allows overnight vehicle camping for unhoused individuals.
Shelter unit means an individual structure within a managed temporary village providing living and sleeping accommodations.
Temporary and seasonal gravel off-street parking and loading area means a gravel off-street parking or loading area utilized to meet a need for parking or loading that is temporary or seasonal in nature, and which is restricted to a limited duration.
Temporary motor vehicle and recreational vehicle sales means the use of property for the sale of cars, light trucks, or recreational vehicles by a commercial dealer for a period that does not exceed four consecutive days.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022; Ord. No. 22-22, § 1(Exh. A), 11-28-2022)
(a)
Applicability. No building, structure, or land shall be used or developed for any use which is allowed as a temporary use under the UDC unless a temporary use permit has been granted pursuant to this chapter.
(b)
Classes.
(1)
Class 1 temporary use permit. A Class 1 temporary use permit is a temporary use permit for the following:
(A)
Christmas tree sales;
(B)
Construction modular;
(C)
Construction storage yard;
(D)
Emergency shelter;
(E)
Managed temporary village with ten or fewer shelter units;
(F)
Replacement single family dwelling;
(G)
Residential sales/development office;
(H)
Safe parking shelter; and
(I)
Temporary motor vehicle and recreational vehicle sales.
(2)
Class 2 temporary use permit. A Class 2 temporary use permit is a temporary use permit for the following:
(A)
Managed temporary village with 11 to 40 shelter units; and
(B)
Temporary and seasonal gravel parking and loading areas.
(c)
Procedure type.
(1)
A Class 1 temporary use permit is processed as a Type I procedure under SRC chapter 300.
(2)
A Class 2 temporary use permit is processed as a Type II procedure under SRC chapter 300.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022; Ord. No. 22-22, § 1(Exh. A), 11-28-2022)
Christmas tree sales shall comply with the following:
(a)
Temporary use permit required. Christmas tree sales shall require a Class 1 temporary use permit.
(b)
Submittal requirements. An application for a Class 1 temporary use permit for Christmas tree sales shall include the submittal requirements for a Type I application under SRC chapter 300.
(c)
Standards. Christmas tree sales shall comply with the standards set forth in this subsection.
(1)
Period of use. Christmas tree sales may be conducted in the location authorized under a temporary use permit only during the months of November and December.
(d)
Criteria. A Class 1 temporary use permit for Christmas tree sales shall be granted if the applicable standards set forth in this section are met.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
Construction modulars shall comply with the following:
(a)
Temporary use permit required. Construction modulars shall require a Class 1 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a Class 1 temporary use permit for a construction modular shall include the following:
(1)
A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
The location of the proposed temporary construction modular.
(2)
A restoration plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
If the placement of the construction modular would disturb a landscaped or undeveloped site, the restoration plan shall demonstrate how the site will be restored to its previous condition when the modular is removed.
(c)
Standards. Temporary construction modular shall comply with the standards set forth in this subsection.
(1)
Period of use. A construction modular may operate in the location authorized under a temporary use permit during active construction. The modular must be removed prior to the final occupancy being granted to the on-site construction project.
(2)
Location. A construction modular shall be located on the construction site or within 500 feet of the construction site it serves. For purposes of this subsection, the term "construction site" means the property subject to an active building permit.
(d)
Criteria. A Class 1 temporary use permit for a construction modular shall be granted if the applicable standards set forth in this section are met.
(Ord. No. 22-22, § 1(Exh. A), 11-28-2022)
Construction storage yards shall comply with the following:
(a)
Temporary use permit required. Construction storage yards shall require a Class 1 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a Class 1 temporary use permit for a construction storage yard shall include the following:
(1)
A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
The location of the proposed temporary construction storage yard in relation to the construction site it will serve.
(c)
Standards. Temporary construction storage yards shall comply with the standards set forth in this subsection.
(1)
Period of use. A construction storage yard may operate in the location authorized under a temporary use permit for a period not to exceed six consecutive months; provided, however, such permit may be extended for additional six-month periods for active projects.
(2)
Location. A construction storage yard shall be located within 500 feet of the construction site it serves. For purposes of this subsection, the term "construction site" means the property subject to an active building permit.
(3)
Prohibited storage. No demolition debris or other waste may be stored or processed on the site.
(d)
Criteria. A Class 1 temporary use permit for a construction storage yard shall be granted if the applicable standards set forth in this section are met.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
Emergency shelters shall comply with the following:
(a)
Temporary use permit required. Emergency shelters shall require a Class 1 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a Class 1 temporary use permit for an emergency shelter shall include the following:
(1)
The proposed duration of the use;
(2)
The number of individuals proposed to be served;
(3)
Building floor plans, drawn to scale, for each building floor proposed to be used for emergency shelter identifying:
(A)
Floor area;
(B)
The location and square footage of all sleeping rooms, and the use of adjacent rooms;
(C)
Common gathering areas;
(D)
Restrooms; and
(E)
Required exiting to meet Building Code and fire and life safety requirements.
(4)
Identification of the types of sleeping accommodations that will be provided such as cots, bunk beds, etc.;
(5)
An emergency evacuation plan for the evacuation of all visitors and staff in an emergency event. The emergency evacuation plan shall contain the following:
(A)
A plan showing the path of egress from the proposed shelter spaces and from the building; and
(B)
Safety and evacuation instructions to be provided to occupants each evening before sleeping that includes a prohibition on smoking and directions to exists and other escape routes; and
(6)
A completed emergency shelter fire and life safety checklist, on a form provided by the Director.
(c)
Standards. Emergency shelters shall comply with the standards set forth in this subsection.
(1)
An emergency shelter is authorized to operate under an emergency declaration or a determination from the City's Emergency Program Manager that weather or other conditions exist that create an urgent need for temporary shelter. For purposes of this subsection qualifying conditions include, but are not limited to, conditions which pose a potential risk of injury or death or result in the displacement of individuals from their homes as a result of extreme temperatures, fire, smoke, floods, geologic events, or other adverse conditions or events that threaten human health and safety.
(2)
Period of use.
(A)
An emergency shelter may operate at the location approved under a temporary use permit for a period not to exceed 180 days within any 12-month period, subject to applicable Building Code and fire and life safety requirements.
(B)
The temporary use permit may be renewed, provided the applicant demonstrates that the facts upon which the temporary use permit was originally granted have not materially changed and the shelter has maintained conformance with the standards set forth in this section. A maximum of one renewal is allowed.
(3)
Location.
(A)
An emergency shelter shall only be located:
(i)
In a zone where the use is allowed;
(ii)
On property owned by a public, non-profit, religious, or commercial entity; and
(iii)
Within an existing building, or space within an existing building, that is approved for conformance with applicable fire, life safety, and Building Code requirements.
(B)
Notwithstanding subsection (c)(3)(A) of this section, an emergency shelter shall not be located on property abutting a residential zone, except when the emergency shelter is on the property of a religious assembly use.
(4)
Maximum occupancy. The maximum number of individuals an emergency shelter may accommodate shall be the maximum number of people the building, or space within the building, is allowed to accommodate as determined by the Building Official.
(5)
Operational standards.
(A)
Operation and management. An emergency shelter must be operated by:
(i)
A local government, as defined in ORS 174.116;
(ii)
An organization with a minimum of two years' experience operating an emergency shelter or providing shelter and support services to the homeless that is:
(aa)
A local housing authority, as defined in ORS 456.375;
(bb)
A religious corporation, as defined in ORS 65.001; or
(cc)
A public benefit corporation, as defined in ORS 65.001, whose charitable purpose includes the support of homeless individuals and that has been recognized as exempt from income tax under section 501(a) of the Internal Revenue Code on or before January 1, 2017; or
(iii)
A non-profit corporation partnering with any other entity described in this subsection.
(B)
Staffing. An on-site manager shall be present at all times when the shelter is in operation.
(C)
Required support services and facilities. An emergency shelter shall include a minimum of two restrooms.
(D)
Fees for accommodations and services. The operator of an emergency shelter may not charge a fee for any of the accommodations or services provided.
(6)
Fire, life safety, and Building Code review and inspection required.
(A)
An emergency shelter with a proposed period of use of 90 days or less shall be reviewed by the Fire Department for conformance with applicable fire and life safety requirements.
(B)
An emergency shelter with a proposed period of use of more than 90 days but not more than 180 days shall require the approval of a temporary use through the Building and Safety Division.
(C)
An emergency shelter shall be inspected for conformance with applicable fire, life safety, and Building Code requirements prior to the approval of the temporary use permit.
(d)
Criteria. A Class 1 temporary use permit for an emergency shelter shall be granted if the applicable standards set forth in this section are met.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
Managed temporary villages shall comply with the following:
(a)
Temporary use permit required. Managed temporary villages shall require either a Class 1 or Class 2 temporary use permit.
(1)
A Class 1 temporary use permit shall be required for a managed temporary village with ten or fewer shelter units.
(2)
A Class 2 temporary use permit shall be required for a managed temporary village with 11 to 40 shelter units.
(b)
Submittal requirements. In addition to the submittal requirements set forth under SRC chapter 300, an application for a Class 1 or Class 2 temporary use permit for managed temporary village shall include the following:
(1)
A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
The total size area, dimensions, and orientation relative to north;
(B)
The proposed layout of the site, including the location of all proposed shelter units and structures, the separation between shelter units, and the setbacks of all shelter units and structures to perimeter property lines;
(C)
The location of the following as applicable:
(i)
Space for on-site manager;
(ii)
Toilet, handwashing, and shower facilities;
(iii)
Food preparation and dining facilities;
(iv)
Laundry facilities, or, if laundry services will not be provided on-site, an explanation of how laundry services will be provided in the operation and management plan;
(v)
Trash collection area(s);
(vi)
Secured covered storage area(s) for resident's personal belongings;
(vii)
Common gathering area(s);
(viii)
The area where residents can receive medical care, casework, counseling, and other support services;
(ix)
Secured storage area for any flammable or explosive materials, such as propane tanks used in food preparation, that will be used in the operation of the shelter;
(x)
The location, height, and material of required perimeter fencing and screening; and
(xi)
The location of proposed off-street parking and vehicle use areas, driveway approaches, and driveways.
(2)
Written authorization from the owner of the property to use it as a managed temporary camping area.
(3)
Proof of management entity's experiencing operating non-profit shelters.
(4)
An operation and management plan setting for the rules for shelter use and provisions for facility operation and maintenance.
(5)
For sites within a floodplain, a flood warning and response plan that includes advance flood warning coordination and an evacuation plan.
(6)
For publicly owned sites or publicly funded projects on private property within a known archaeological resource, proof that the proposed use has received an archaeological certificate of clearance.
(c)
Standards. Managed temporary villages shall comply with the standards set forth in this subsection.
(1)
Period of use.
(A)
A managed temporary village may operate at the location approved under a temporary use permit for a period not to exceed one year.
(B)
The temporary use permit may be renewed annually, provided the applicant demonstrates that the facts upon which the temporary use permit was originally granted have not materially changed and the shelter has maintained conformance with the standards set forth in this section. Notwithstanding subsection (c)(2)(B)(ii) of this subsection, subsequent establishment of a basic education use on an abutting property shall not be reason for the denial of the renewal of an application. The maximum cumulative total period for all renewals shall not exceed nine years.
(2)
Location.
(A)
A managed temporary village shall only be located:
(i)
In a zone where the use is allowed; and
(ii)
On property abutting an arterial or collector street or on property abutting a street and located within one-half mile of a transit route.
(B)
Notwithstanding subsection (c)(2)(A) of this section, a managed temporary village shall not be located:
(i)
On property used for residential use;
(ii)
On property abutting a basic education use;
(iii)
Within an area with moderate or high landslide hazard risk pursuant to SRC chapter 810;
(iv)
Within a mapped floodway;
(v)
Within a mapped flood plain, except as approved under SRC chapter 601;
(vi)
Within a wetland or riparian corridor; or
(vii)
On property with a known archaeological resource, except as approved under SRC chapter 230.
(3)
Maximum number and types of shelter units allowed.
(A)
The maximum total number of shelter units within a managed temporary village shall not exceed 40. The maximum number of shelter units does not include any shelter units provided within a building on the same site.
(B)
Any of the following, either individually or in combination, are allowed as shelter units within a managed temporary village provided the maximum number of allowed shelter units is not exceeded:
(i)
Pre-fabricated, non-permanent, portable structures such as tiny homes, yurts, Conestoga huts, and similar structures;
(ii)
Tents and similar non-permanent portable structures designed specifically for camping; and
(iii)
Vehicles such as cars, trucks, vans, motorized or towable recreational vehicles, and similar conveyances.
(C)
Improvised camps are not allowed.
(4)
Maximum number of residents per shelter unit. Except for vehicles, not more than two adults, 18 years of age or older, shall be allowed per shelter unit. Within a vehicle, either a family consisting of an individual or two or more persons related by blood, marriage, domestic partnership, legal adoption, or guardianship or not more than two unrelated adults, 18 years of age or older, shall be allowed per vehicle.
(5)
Operational standards.
(A)
Operation and management. A managed temporary village must be operated and managed by:
(i)
A local government, as defined in ORS 174.116;
(ii)
An organization with a minimum of two years' experience operating an emergency shelter or providing shelter and support services to the homeless that is:
(aa)
A local housing authority, as defined in ORS 456.375;
(bb)
A religious corporation, as defined in ORS 65.001; or
(cc)
A public benefit corporation, as defined in ORS 65.001, whose charitable purpose includes the support of homeless individuals and that has been recognized as exempt from income tax under section 501(a) of the Internal Revenue Code on or before January 1, 2017; or
(iii)
A non-profit corporation partnering with any other entity described in this subsection.
(B)
Staffing. An on-site manager shall be present at all times when the shelter is in operation.
(C)
Required support services and facilities. A managed temporary village shall include the following on-site support services and facilities for the health, safety, and support of residents:
(i)
Support services and facilities required for all managed temporary villages. All managed temporary villages shall provide at a minimum the following support services and facilities:
(aa)
A minimum of one toilet per ten occupants;
(bb)
Handwashing facilities;
(cc)
A secure covered storage area for resident's personal belongings; and
(dd)
A solid waste collection and servicing area, meeting the vehicle operation area requirements of SRC 800.055(f), that includes at least one solid waste receptacle a minimum of six cubic yards in in size.
(ii)
Additional support services and facilities required for managed temporary villages with more than ten shelter units. Managed temporary villages with more than ten shelter units shall provide the following additional support services and facilities:
(aa)
A minimum of two showers or, if showers will not be provided on-site, an explanation of how access to off-site showers will be provided;
(bb)
A designated covered dining area;
(cc)
A laundry facility or, if laundry service will not be provided on-site, an explanation of how access to off-site laundry service will be provided;
(dd)
A designated common area for gathering;
(ee)
A designated area where residents can meet with social workers and health care professionals to receive case management, counseling, and support services, as well as needed medical treatment or examinations; and
(ff)
A secure covered storage area for supplies needed to operate the shelter.
(D)
Fees for accommodations and services. The operator of a managed temporary village may not charge residents a fee for any of the accommodations or services required under this section.
(E)
Operation and management plan. A managed temporary village shall include an operation and management plan that shall at a minimum identify:
(i)
Rules for shelter use and a code of conduct for governing resident behavior.
(ii)
Provisions for supervision, safety, and security.
(iii)
The proposed operational period for the shelter.
(iv)
The hours that people may stay at the site.
(v)
The number of continuous days an individual may reside at the shelter.
(vi)
Provisions for shelter operation and maintenance including:
(aa)
Garbage pickup and disposal;
(bb)
Sewage and grey water pickup and disposal;
(cc)
Pest control services; and
(dd)
How the site will be kept free of trash and debris.
(vii)
The support services and facilities that will be provided to shelter residents.
(6)
Development standards. A managed temporary village shall conform to the following development standards:
(A)
Setbacks. Setbacks for managed temporary villages shall be provided as follows:
(i)
Abutting street. A minimum 15-foot setback shall be provided from any property line abutting a street.
(ii)
Interior front, side, and rear.
(aa)
Abutting industrial and employment zones. A minimum five-foot setback shall be provided from any interior front, side, or rear property line abutting an industrial and employment zone.
(bb)
Abutting all other zones. A minimum 15-foot setback shall be provided from any interior front, side, or rear property line abutting all other zones.
(iii)
No shelter units, storage areas, sanitation facilities, off-street parking and vehicle use areas, or any other structures or areas associated with the managed temporary village shall be located within the required setback area.
(iv)
Notwithstanding subsection (c)(6)(A)(iii) of this section:
(aa)
Existing paved off-street parking and vehicle use areas on a site may be used for the placement of shelter units and the parking and maneuvering of vehicles regardless of setback.
(bb)
Required perimeter fencing/screening may be located within the required setback.
(B)
Height. No structure within a managed temporary village shall exceed a maximum height of 15 feet. Maximum structure height does not apply to vehicles.
(C)
Permitted structure type. All structures within a managed temporary village shall be portable non-permanent structures.
(D)
Shelter unit standards.
(i)
Shelter units shall not exceed a maximum 120 square feet in size and may, except for shelter units in tents, vehicles, or other structures not suitable for attachment, be attached in larger structures. Maximum shelter unit size shall not apply to vehicles.
(ii)
A minimum six-foot-wide clear open area/separation shall be maintained around each shelter unit and any structure containing attached shelter units to allow for unobstructed pedestrian access throughout the site and to individual shelter units.
(iii)
Except for vehicles, shelter units may be located on either a paved or unpaved surface. Shelter units provided in vehicles shall be located on a paved or compacted gravel surface.
(iv)
Shelter units shall only be located on areas of a site that are flat and well drained.
(v)
All shelter units shall be numbered and arranged sequentially on-site in order to facilitate efficient emergency response.
(vi)
When shelter units are provided in tents or similar non-permanent portable structures designed specifically for camping, they shall be located under a separate canopy or similar structure in order to provide weather protection from the sun and rain.
(vii)
When shelter units are provided in vehicles, any vehicles possessing a septic system must be emptied and free of leaks prior to admittance to the site.
(E)
Bicycle parking. A minimum of 0.25 bicycle parking spaces shall be provided per shelter unit. Bicycle parking is exempt from the bicycle parking development standards included under SRC 806.060.
(F)
Vehicle use area surfacing. All areas of the site used for vehicle access, parking, and maneuvering shall be paved with a hard surface material or shall be located on a compacted gravel surface. When compacted gravel is utilized:
(i)
The first ten feet of driveway length leading into the property, as measured from the property line, shall be paved with a hard surface material.
(ii)
Upon expiration or termination of the temporary use permit, compacted gravel areas shall be closed to vehicle access and parking by installation of a physical barrier.
(G)
Perimeter fencing/screening. A minimum six-foot-tall sight-obscuring fence with gate shall be provided around the perimeter of the managed temporary village.
(H)
Managed temporary villages shall not be located in a manner which obstructs required pedestrian connections, fire lanes or emergency access areas, or required vision clearance areas.
(I)
Alterations to existing property.
(i)
Existing trees and existing landscaping within required setbacks shall not be removed in order to accommodate a proposed managed temporary village.
(ii)
If an existing off-street parking or vehicle use area is proposed to be expanded to accommodate a proposed managed temporary village, the expanded off-street parking or vehicle use area shall comply with the applicable standards of SRC chapter 806.
(7)
Additional applicable codes and standards. In addition to all other applicable laws and regulations, a managed temporary village shall be developed, maintained, and operated in compliance with the applicable provisions of the following:
(A)
SRC chapter 50 (Property Maintenance);
(B)
SRC chapter 56 (Building Code);
(C)
SRC chapter 58 (Fire Prevention Code);
(D)
SRC chapter 93 (Noise);
(E)
SRC chapter 97 (Human Rights).
(d)
Criteria. A Class 1 or Class 2 temporary use permit for a managed temporary village shall be granted if all of the applicable standards set forth in this section are met.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022; Ord. No. 22-22, § 1(Exh. A), 11-28-2022; Ord. No. 4-23, § 1(Exh. A), 4-24-2023; Ord. No. 8-24, § 1(Exh. A), 9-23-2024)
Replacement single family dwellings shall comply with the following:
(a)
Temporary use permit required. Replacement single family dwellings shall require a Class 1 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a Class 1 temporary use permit for a replacement single family dwelling shall include the following:
(1)
A bond and removal agreement, in conformance subsection (c)(3) of this section.
(c)
Standards. Replacement single family dwellings shall comply with the standards set forth in this subsection.
(1)
Period of use. The existing single family dwelling shall be removed within six months from date of issuance of the building permit for the replacement single family dwelling; provided, however, the Planning Administrator may grant the owner one extension for up to six months to remove the existing family dwelling if the owner proves that unusual circumstances beyond their control, and not financial circumstances, have delayed construction of the replacement single family dwelling.
(2)
Demolition permit required. A demolition permit for the existing single family dwelling shall be obtained by the owner at the time the building permit for the replacement single family dwelling is issued.
(3)
Bond and removal agreement required. The owner of the existing single family dwelling shall post a $7,500.00 bond and enter into an agreement with the City granting the City authority to remove the existing single family dwelling if the owner fails to remove the structure in compliance with subsection (c)(1) of this section.
(d)
Criteria. A Class 1 temporary use permit for a replacement single family dwelling shall be granted if the applicable standards set forth in this section are met.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
Residential sales/development offices shall comply with the following:
(a)
Temporary use permit required. Residential sales/development offices shall require a Class 1 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a Class 1 temporary use permit for a residential sales/development office shall include the following:
(1)
A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
The total site area, dimensions, and orientation relative to north; and
(B)
The location, distance to property lines, and height of the proposed building or structure to be used as a residential sales/development office.
(c)
Standards. Residential sales/development offices shall comply with the standards set forth in this subsection.
(1)
Period of use. A residential sales/development office may operate in the location authorized under a temporary use permit until the later of the following:
(A)
Completion of the subdivision, PUD, condominium, apartment complex, or manufactured dwelling park; or
(B)
The sale, rent, or lease of all lots and/or structures within the subdivision, PUD, condominium, apartment complex, or manufactured dwelling park.
(2)
Building or structure to be sited and constructed to accommodate a permitted use. The building or structure to be used as a residential sales/development office shall be constructed and sited for the ultimate purpose of a legally permitted use. A mobile home that is being used as a temporary residential sales/development office shall be removed when its use as a residential sales/development office has ceased.
(3)
Appearance; maintenance. The exterior of a residential sales/development office shall be finished and the site shall be landscaped and maintained while being used as a residential sales/development office. All plant material that dies or is diseased while the structure is being used as a residential sales/development office shall be replaced.
(4)
Hours of operation. The hours of operation of a residential sales/development office shall be limited to between 8:00 a.m. and 8:00 p.m.
(5)
Restoration to residential use. Upon termination of the use of the building or structure as a temporary residential sales/development office, the property shall be restored to its residential condition and use.
(d)
Criteria. A Class 1 temporary use permit for a residential sales/development office shall be granted if the applicable standards set forth in this section are met.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
Safe parking shelters shall comply with the following:
(a)
Temporary use permit required. Safe parking shelters shall require a Class 1 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a Class 1 temporary use permit for a safe parking shelter shall include the following:
(1)
A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
The total size, area, dimensions, and orientation relative to north;
(B)
The location of the following as applicable:
(i)
The location of the off-street parking or vehicle use area(s) where vehicles will be parked overnight;
(ii)
The location of restroom facilities that will be available to overnight guests; and
(iii)
The location of trash collection area(s) that will be available to overnight campers;
(2)
The number of vehicles proposed to be served per night;
(3)
Written authorization from the owner of the property to use it as a safe parking shelter; and
(4)
An operation and management plan setting forth the rules for shelter use and provisions for shelter operation and maintenance.
(c)
Standards. Safe parking shelters shall comply with the standards set forth in this subsection.
(1)
Period of use.
(A)
A safe parking shelter may operate at the location approved under a temporary use permit for a period not to exceed three years.
(B)
The temporary use permit may be renewed annually, provided the applicant demonstrates that the facts upon which the temporary use permit was originally granted have not materially changed and the shelter has maintained conformance with the standards set forth in this section. Notwithstanding subsection (c)(2)(B)(ii) of this subsection, subsequent rezoning to a residential zone on an abutting property shall not be reason for the denial of the renewal of an application.
(2)
Location.
(A)
A safe parking shelter shall only be located:
(i)
In a zone where the use is allowed; and
(ii)
On property that is used and developed exclusively for a governmental, non-profit, religious, commercial, or industrial use.
(B)
Notwithstanding subsection (c)(2)(A) of this section, a safe parking shelter shall not be located:
(i)
On property developed exclusively for residential use.
(3)
Maximum number vehicles allowed. The maximum total number of vehicles within a safe parking shelter shall not exceed ten.
(4)
Operational Standards.
(A)
Hours of Operation. Safe parking shelters shall only operate between the hours of 7:00 p.m. and 7:00 a.m. All vehicles shall be required to leave the premises outside of the hours of operation.
(B)
Required support services and facilities. A safe parking shelter shall provide at a minimum the following on-site services and facilities for the health and safety of overnight guests:
(i)
A minimum of one toilet per 10 occupants;
(ii)
Handwashing facilities; and
(iii)
A solid waste receptacle that is the equivalent of one 32 cubic foot garbage receptacle for each vehicle on the premises in addition to any garbage receptacles otherwise required for the property.
(C)
Fees for accommodations and services. The operator of a safe parking shelter may not charge overnight guests a fee for any of the accommodations or services required under this section.
(D)
Operation and management plan. A safe parking shelter shall include an operation and management plan that shall at a minimum identify:
(i)
Rules for shelter use and a code of conduct for governing resident behavior;
(ii)
Provisions for supervision, safety, and security;
(iii)
The proposed operational period for the shelter;
(iv)
Provisions for shelter operation and maintenance including:
(aa)
Garbage pickup and disposal;
(bb)
Sewage and grey water pickup and disposal;
(cc)
Pest control services; and
(dd)
How the site will be kept free of trash and debris.
(vii)
The support services and facilities that will be provided to shelter residents.
(6)
Development standards. Safe parking shelters shall conform to the following development standards:
(A)
Location of Vehicles. Safe sleep parking vehicles must be parked in an approved parking lot or vehicle use area. If an existing off-street parking or vehicle use area is proposed to be expanded to accommodate a proposed safe sleep shelter, the expanded off-street parking or vehicle use area shall comply with the applicable standards of SRC Chapter 806.
(B)
Permitted vehicle type. Vehicles such as cars, trucks, vans, motorized recreational vehicles, and similar conveyances are permitted. Vehicles at safe parking shelters shall conform to the following:
(i)
All vehicles used for camping must be operable and able to leave the premises every morning;
(ii)
Any vehicles possessing a septic system must be emptied and free of leaks prior to admittance to the site; and
(iii)
Prefabricated, non-permanent, portable structures such as tiny homes, yurts, Conestoga huts, and tents, and other non-vehicle structures are not permitted for overnight camping in a safe parking shelter.
(C)
Safe sleeping shelter vehicles shall not be located in a manner which obstructs required pedestrian connections, fire lanes or emergency access areas, or required vision clearance areas.
(D)
No open flames will be allowed at the location, including within the vehicles.
(7)
Additional applicable codes and standards. In addition to all other applicable laws and regulations, a safe sleep shelter shall be developed, maintained, and operated in compliance with the applicable provisions of the following:
(A)
SRC chapter 50 (Property Maintenance);
(B)
SRC chapter 56 (Building Code);
(C)
SRC chapter 58 (Fire Prevention Code);
(D)
SRC chapter 93 (Noise);
(E)
SRC chapter 97 (Human Rights).
(d)
Criteria. A Class 1 temporary use permit for a safe sleep shelter shall be granted if all of the applicable standards set forth in this section are met.
(Ord. No. 22-22, § 1(Exh. A), 11-28-2022)
Temporary motor vehicle and recreational vehicle sales shall comply with the following:
(a)
Temporary use permit required. Temporary motor vehicle and recreational vehicle sales shall require a Class 1 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a Class 1 temporary use permit for temporary motor vehicle or recreational vehicle sales shall include the following:
(1)
A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
The location of the proposed temporary motor vehicle or recreational vehicle sales area.
(c)
Standards. Temporary motor vehicle and recreational vehicle sales shall comply with the standards set forth in this subsection.
(1)
Period of use. Temporary motor vehicle and recreation vehicle sales may be conducted in the location authorized under a temporary use permit for a period not to exceed four consecutive days and shall not be held more than three times per calendar year.
(d)
Criteria. A Class 1 temporary use permit for temporary motor vehicle and recreational vehicle sales shall be granted if the applicable standards set forth in this section are met.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)
Temporary and seasonal gravel off-street parking and loading areas shall comply with the following:
(a)
Temporary use permit required. Temporary and season gravel off-street parking and loading areas shall require a Class 2 temporary use permit.
(b)
Submittal requirements. In addition to the submittal requirements for a Type II application under SRC chapter 300, an application for a Class 2 temporary use permit for a temporary or seasonal gravel off-street parking or loading area shall include the following:
(1)
A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:
(A)
The total site area, dimensions, and orientation relative to north;
(B)
The location, total area, distance to property lines, and layout of the proposed temporary or seasonal gravel off-street parking or loading area, including the size, number, and dimensions of proposed parking or loading spaces, and the location of wheel barriers;
(C)
The proposed thickness of the gravel improvement;
(D)
The location of proposed driveways and driveway approaches;
(E)
The location of proposed landscaping; and
(F)
The location, height, and material of proposed screening.
(c)
Standards. Temporary and seasonal gravel off-street parking and loading areas shall comply with the standards set forth in this subsection.
(1)
Period of use.
(A)
A seasonal gravel off-street parking or loading are may be approved at the location authorized under a temporary use permit for a period not to exceed six consecutive months within any 12-month period.
(B)
A temporary gravel off-street parking or loading area may be approved at the location authorized under a temporary use permit for a period not to exceed one year.
(C)
A temporary use permit for a temporary or seasonal gravel off-street parking or loading area may be renewed annually, provided the applicant demonstrates that the facts upon which the temporary use permit was originally granted have not materially changed. The maximum cumulative total period for all such renewals shall not exceed five years.
(2)
Location. No temporary or seasonal gravel off-street parking or loading area shall be located within the Central Business District (CB) Zone or within 500 feet of a residential zone.
(3)
Size. The temporary or seasonal gravel off-street parking or loading area shall not exceed 15,000 square feet; provided, however, that any other more restrictive size requirement established by state or federal laws or rules shall be met.
(4)
Improvement. Temporary and seasonal gravel off-street parking and loading areas shall be improved with a minimum of four inches of base rock covered by a minimum of two inches of three-quarter inch or smaller crushed rock as a leveling course; provided, however, temporary and seasonal gravel off-street parking and loading areas used exclusively by passenger cars need only be improved with a minimum of three inches of base rock.
(5)
Landscaping. A landscaped area a minimum of five feet in depth shall be provided around the perimeter of the temporary or seasonal gravel off-street parking or loading area.
(6)
Screening. Temporary and seasonal gravel off-street parking and loading areas shall be screened from all adjacent uses by a sight-obscuring fence, wall, or hedge. Screening may be located within the perimeter landscaping required in subsection (c)(5) of this section.
(7)
Wheel barriers. Wheel barriers shall be provided to designate each parking space.
(8)
Paving upon expiration or termination. Upon expiration or termination of the temporary use permit, the temporary or seasonal gravel off-street parking or loading area shall be paved, in accordance with SRC chapter 806, or closed to vehicle access by a physical barrier.
(d)
Criteria. A Class 2 temporary use permit for a temporary or seasonal gravel off-street parking or loading area shall be granted if all of the following criteria are met:
(1)
The temporary or seasonal parking or loading need cannot otherwise be reasonably and economically met.
(2)
The use of the gravel off-street parking or loading area will be, in fact, temporary or seasonal.
(3)
The temporary or seasonal gravel off-street parking or loading area complies with the applicable standards set forth in this section.
(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)