Not an official copy.
Oak Harbor Municipal Code Excerpt
Chapter 19.35 TEMPORARY USE PERMITS
Sections:
19.35.010 Purpose.
19.35.020 Applicability.
19.35.030 Criteria for granting a
temporary use permit.
19.35.035 Seasonal product display.
19.35.040 Frequency and duration of
the temporary use.
19.35.050 Application and procedures
for temporary use permits.
19.35.010 Purpose.
(1) This chapter is intended to permit certain inherently temporary uses,
such as community festivals, fresh vegetable stands and temporary promotions
by permanent businesses.
(2) The proposed temporary use must be compatible in terms of location, access,
traffic, noise, nuisance, dust control and hours of operation with existing
land uses in the immediate vicinity. (Ord. 1221 § 1, 2000).
19.35.020 Applicability.
This chapter applies to each application for a temporary use permit whether
located on private property or on the public right-of-way. Mobile food sales
and caterers which locate for a short period of time of two hours or less,
and carwashes and food sales which are operated as nonprofit community fund
raisers are exempt. (Ord. 1221 § 1, 2000).
19.35.030 Criteria for granting
a temporary use permit.
(1) The temporary use will not be materially detrimental to the public health,
safety, or welfare, nor injurious to property or improvements in the immediate
vicinity of the temporary use.
(2) The temporary use is compatible with the purpose and intent of this title
and the specific land use district in which it will be located.
(3) The temporary use is compatible in intensity and appearance with existing
land uses in the immediate vicinity of the temporary use.
(4) Access is provided such that on-street parking for the temporary use
is not required.
(5) The temporary use has adequate off-street parking but does not use off-street
parking or loading areas which are necessary for the permanent uses to continue
normal operation.
(6) Hours of operation of the temporary use shall be specified.
(7) The temporary use will not cause noise, light or glare which adversely
impacts surrounding uses.
(8) The temporary use shall not be on public right-of-way unless the applicant
first obtains approval for the use from the city engineer.
(9) The temporary use must conform to setbacks of zone where it is located.
(10) No temporary use shall utilize any handicap parking stalls.
(11) Seasonal product display requests shall not utilize more than five percent
of the total parking for said business. Total parking for those businesses
located in shopping centers with common parking lots shall be calculated
using current parking standards per Chapter 19.44 OHMC. (Ord. 1221 §
1, 2000).
19.35.035 Seasonal product display.
Seasonal product displays shall be all products associated with lawn care,
landscaping, patio furniture, and children’s outside play equipment which
are displayed outdoors for the purposes of promoting retail sales of said
items. The city may grant a temporary use permit for businesses selling these
products to utilize a portion of their parking lot area for display. (Ord.
1221 § 1, 2000).
19.35.040 Frequency and duration
of the temporary use.
(1) The city may grant a temporary use permit to the same property owner
for up to 60 consecutive or nonconsecutive days in every 180-day period.
The temporary use permit shall specify a date by which the use shall be terminated.
The planning director may establish a shorter time frame.
(2) As part of the temporary use permit, the city shall establish a time
within which the use and all physical evidence of the use must be removed
by the applicant. If the temporary use and all physical evidence of the use
are not removed within the time specified, it will constitute a violation
of this title. Further, the city is authorized to abate the temporary use
in accordance with OHMC 19.100.010.
(3) A temporary use permit for seasonal displays in parking lots shall only
be issued for the period between March 1st and September 30th of each year.
The permit shall be renewed each year and fees paid as established in Chapter
3.64 OHMC.
(4) With the exception of Fourth of July fireworks sales, no additional temporary
use permits shall be granted for businesses which have approved seasonal
temporary use permits. (Ord. 1221 § 1, 2000).
19.35.050 Application and procedures
for temporary use permits.
(1) The applicant shall provide the following information to the planning
director:
(a) A completed application on the form provided by the city, along with
all information requested in that form;
(b) An irrevocable, signed and notarized statement granting the city permission
to summarily abate the temporary use and all physical evidence of that use
if it is not removed by the applicant within the period specified in the
permits, and agreeing to reimburse the city for any expenses incurred by
the city in abating the temporary use.
(2) Who May Apply. The property owner may apply for a temporary use permit
on private property. Any person may apply for a temporary use permit on public
right-of-way.
(3) The planning director may consult with other city departments as appropriate
in the evaluation of an application for a temporary use permit.
(4) The planning director may establish performance standards as part of
the approval of each temporary use permit based on the characteristics of
the use and the features of the proposed location.
(5) The decision may be appealed to the city planning commission. (Ord. 1221
§ 1, 2000).