HomeMy WebLinkAbout1999-037 Creating Chapter 5.98 in Municipal Code to provide for Temporary Use Permits ORDINANCE NO. 99- 3 7 •
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AN ORDINANCE relating to zoning and land use, providing by permit on a temporary
basis for otherwise unauthorized uses, and adding chapter 5.98 and
section 5.98.010 to the Yakima Municipal Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON:
Section 1. A new chapter is added to title 5 of the Yakima Municipal Code, chapter 5.98 YMC,
to read as follows: •
•
1 5.98.010 Temporary Use Permits.
2 1. The Administrative Official may authorize special short -term temporary uses
3 including, but not limited to, public assemblies, special exhibitions, community activities,
4 and public sales. Authorized temporary uses, regardless of land use classification, may
5 occur in any zoning district for up to seventy -two (72) consecutive hours. Except in cases of
6 emergency arising from unforeseeable circumstances, an application for a temporary use
7 permit under this section must be submitted at least two weeks prior to the proposed
8 temporary use period. To be complete, an application for temporary use under this section
9 shall address the following criteria in detail and show they are and /or shall be satisfied by
10 the proposed temporary use:
11 a. Adequate and sufficient parking will be available for the anticipated occupancy
12 and the proposed temporary use shall not cause the number of available parking
13 spaces for existing on -site uses to fall below the minimum required by this Chapter;
14 b. Public streets and transportation systems will be adequate and sufficient to handle
15 the movement of vehicles and persons to and from the proposed temporary use;
16 c. Adequate access for police, fire, and emergency services will be maintained;
17 d. Adequate and sufficient public sanitary facilities will be available to serve the
18 anticipated occupancy;
19 e. Police, fire and emergency services will be adequate and sufficient to meet the
20 needs of the temporary use;
21 f. The proposed temporary use is compatible in terms of location, access, traffic,
22 noise, nuisance, dust, and hours of operation with existing land uses in the immediate
23 vicinity of the temporary use;
24 g. The impacts of the temporary use will not disrupt normal residential living
25 patterns and activities in the vicinity;
26 h. The activity or event will not be materially detrimental to the public health, safety,
27 or welfare, nor injurious to property or improvements in the immediate vicinity of the
28 proposed temporary use.
29 2. The Administrative Official may request additional information if in his /her judgment,
30 such additional information is necessary to properly consider a proposed temporary use.
31 3. The Administrative Official may, based on special circumstances or need, waive any of
32 the requirements of this section, except he /she may not waive the requirements of
33 subsections 1(c) and (e).
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34 4. The Administrative Official shall consult with the Police Chief, Fire Chief, Public
35 Works Director, and Community Development Director in the review of the application for
36 temporary use.
37 5. Upon a finding that the criteria of Subsection 1 will be satisfied, the Administrative
38 Official may, at his /her sole discretion, issue a temporary use permit for an event or
39 activity lasting no more than seventy -two consecutive hours. No more than one temporary
40 permit may be issued for the same site in a two -month period.
41 6. The Administrative Official shall cause public notice to be posted in conspicuous
42 locations at the site which is subject to the temporary use permit at least seven days prior to
43 the activity or event. The public notice shall state the date, time, hours, location, and nature
44 of the temporary use and provide an address and phone number where the public may
45 contact the Administrative Official regarding the temporary use.
46 7. The Administrative Official may, for good cause, cancel the temporary use permit
47 prior to or during any event or activity and cause the site to be returned to or otherwise
48 maintained in a neat and orderly condition.
49 8. The Administrative Official shall apply special conditions to a temporary use permit to
50 assure compliance with this chapter and to ensure that such temporary use is not
51 detrimental to neighboring properties and the public health, safety and general welfare.
52 Further, the Administrative Official may require a cash bond to be posted by the applicant
53 to defray the costs of cleanup and repair of property should the permittee fail to do so.
54 9. An application fee of twenty five dollars ($25.00) shall be submitted with each
55 temporary use permit application.
56 10. Any person can appeal a decision of the Administrative Official under this section
57 directly to the City Council.
Section 2. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance, or any provision of the Yakima Municipal Code established by this ordinance, is
declared invalid or unconstitutional for any reason, such decision shall not affect the validity of
the remaining portions of this ordinance, or other provisions of the Yakima Municipal Code
established by this ordinance.
Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval,
and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 21st
day of September, 1999.
John Puccinelli, Mayor
ATTEST:
Gk-r) C
City Clerk , r
Publication Date: 1-.114 - I'7 Effective Date: I d - a 14 -99
C: \word \legislation \local \temp uses \final cc ord ymc 5.98.010.doc Last printed 09/23/99 3:38 PM
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BUSINESS OF THE• COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. I
FOR MEETING OF: September 21, 1999
ITEM TITLE: Ordinance creating a new Chapter 5.98 'in :the City of Yakima Municipal Code to
provide for Temporary Use Permits
I
SUBMITTED BY: ✓» Cook, Director of Community & Economic Development
CONTACT PERSON / TELEPHONE: Don Skone, Planning Manager, 575 -6184
SUMMARY EXPLANATION:
At the request of the Mayor, City staff have prepared an ordinance which will provide for a
temporary use permit of up to 72 hours for uses not otherwise permitted by the City's zoning
ordinance. Under the proposed ordinance, temporary permits would be approved
administratively by the Department of. Community and Economic Development following a
review to assure adequate parking; street capacity; access to police, fire and emergency services;
sanitary facilities; and compatibility with surrounding land uses. Only one such temporary use
permit will be allowed for the same site within a sixty -day period. Notice to the surrounding
neighborhood would be accomplished through a sign posted on site seven days before an event.
Appeals of administrative decisions would be to City Council.
Staff is recommending that this ordinance create a new Chapter 5.98 to authorize temporary use
permits. It is our understanding that there are pressing needs that would benefit from the
availability of such a permit in the near term. We recommend, however, that this permit
authority be considered for placement in the City's zoning ordinance (Title 15) as part of the
annual Comprehensive Plan review in 2000.
Background:
The need for a Temporary Use Permit has developed as a result of the growing popularity of
"event" sales, including new truck and automobile sales which are attracted to shopping center
parking lots such as Montgomery Wards and Shopko properties. Currently these short-term
uses, generally two -day events on a weekend, are not allowed under City's zoning ordinance
without an eight to ten week Class 2 review.
With approval of this ordinance, such permitted temporary uses would be allowed with proper
administrative review.
Resolution Ordinance X Contract Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt ordinance
BOARD RECOMMENDATION:
COUNCIL ACTION: