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A. General Type I Temporary Use Permits. In accordance with ACC 18.46A.030, the planning director or designee may approve the following general Type I temporary uses and structures:

1. For all zoning districts:

a. Temporary use of land to conduct nonprofit events of up to six calendar days or less, where the events are of a kind not typically used by the sponsor at the location or site of the event;

b. Temporary parking facilities for private uses for four weeks or less per year;

c. Temporary fencing for public or private uses for four weeks or less per year;

d. Temporary use of privately owned property for temporary offices, construction trailers, materials storage, equipment storage or vehicle parking essential to and only in conjunction with the construction or building of public buildings, structures, road, or utility improvements.

2. For residential zoning districts:

a. Temporary modular sales and leasing offices for on-site residential development properties;

b. Placement of tents, canopies, or membrane structures for zero to two weeks per year that meet setbacks of the underlying zone;

c. Placement of portable moving and storage containers for no greater than three weeks per year;

d. On-site temporary caretaker trailers for private or nonprofit residential construction;

e. On-site temporary construction trailers and offices and storage areas for construction materials and equipment for private or nonprofit residential construction;

f. Special events such as a community block party, neighborhood parade or similar event involving multiple properties and causing temporary impacts to public rights-of-way or potential increased need for public services;

g. Living within a recreational vehicle as a temporary dwelling unit on property when a building permit to construct a permanent single-family residential dwelling unit has been issued and construction activity remains active.

3. For nonresidential zoning districts:

a. Commercial carnivals, circuses and shows;

b. Temporary sales and leasing offices for on-site commercial or industrial development properties;

c. On-site temporary construction trailers and offices and storage areas for construction materials and equipment for commercial, industrial or institutional construction;

d. On-site temporary caretaker trailers for commercial, industrial or institutional construction sites;

e. Temporary changes of uses and associated temporary structures for four weeks or less per year;

f. Temporary mobile sales for the sale of plants, flowers, books, crafts, produce, beverages, food, and other similar items in a single location for no more than two hours per day;

g. Placement of commercial storage containers for no more than three weeks per year;

h. Special events such as a weekend sales event or outdoor concert causing temporary impacts to public rights-of-way or potential increased need for public services;

i. Holiday-related seasonal sales lots along with their associated temporary structures subject to compliance with the following:

i. Applicant demonstrates written proof of property owner permission for use of the subject property;

ii. Adequate off-street parking is provided;

iii. The use will not interfere with adequate vision clearance, as governed by the city of Auburn engineering design standards, as amended;

iv. The use will not obstruct pedestrian access on public rights-of-way;

v. Signage shall comply with the city’s signage regulations;

vi. Compliance to conditions required by the building official and fire marshal for minimum building, fire and life safety codes;

vii. Adequate provisions for trash disposal and sanitary facilities are provided;

j. Agricultural seasonal sale of produce subject to compliance with the following:

i. Demonstrates written proof of property owner permission for use of the subject property;

ii. Adequate off-street parking is provided;

iii. The use will not interfere with adequate vision clearance, as governed by the city of Auburn engineering design standards, as amended;

iv. The use will not obstruct pedestrian access on public rights-of-way;

v. Signage shall comply with the city’s signage regulations;

vi. Compliance to conditions required by the building official and fire marshal for minimum building, fire and life safety codes;

vii. Adequate provisions for trash disposal and sanitary facilities are provided.

B. General Type II Temporary Use Permits. In accordance with ACC 18.46A.030, the planning director or designee may approve the following general Type II temporary uses and structures:

1. For all zoning districts:

a. Temporary use of land in order to conduct a nonprofit event for seven calendar days or more in any such event;

b. Temporary storage of buildings and structures not permanently affixed or constructed or otherwise permanently situated on a property;

c. Temporary parking facilities for private uses for greater than four weeks per year;

d. Temporary fencing for public or private uses for greater than four weeks per year.

2. For residential zoning districts:

a. Placement of tents, canopies, or membrane structures for greater than two weeks per year that meet setbacks of the underlying zone;

b. Placement of personal use storage containers for greater than three weeks but no more than 12 weeks per year;

c. Off-site temporary construction trailers and offices and storage areas for construction materials and equipment for residential construction;

d. Temporary use of the following equipment on private property essential to and only in conjunction with the construction or building by the city, another public agency or a private party of a road, bridge, ramp, dock, and/or jetty in proximity to the approved construction site:

i. Portable asphalt or concrete mixing plants;

ii. Portable concrete batching plants;

iii. Portable rock crushing plants;

iv. Accessory equipment essential to the use of the aforementioned plants.

3. For nonresidential zoning districts:

a. Off-site temporary construction trailers and offices and storage areas for construction materials and equipment for commercial, industrial or institutional construction;

b. Temporary mobile sales for the sale of plants, flowers, books, crafts, produce, beverages, food, and other similar items in a single location for more than two hours per day;

c. Temporary changes of uses and associated temporary structures for more than four weeks per year;

d. Temporary trailer or prefabricated building. The planning director or designee may approve, approve with conditions or deny a temporary trailer or prefabricated building for use on any real commercial or industrial zoned property within the city as a temporary commercial or industrial office or space associated with the primary use on the property, but for no other purpose, providing that the applicant demonstrates compliance with the following criteria in addition to the approval criteria specified in ACC 18.46A.080:

i. The temporary structure shall be located within the boundaries of the parcel of land on which it is located;

ii. The temporary structure is in conformance with all applicable building and fire codes;

iii. The property to be used for a temporary structure shall already be developed;

iv. There exists adequate and safe ingress and egress when combined with the other uses of the property;

v. There exists adequate sight distance;

vi. There exists adequate parking for the customers or users of the temporary use in conformance with the city’s parking standards, as applicable;

vii. The use will pose no hazard to pedestrians in the area of the use;

viii. The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights which will affect the adjoining uses in accordance with the provisions of ACC 18.31.180;

ix. The use can adequately be served by sewer or septic system and water, if applicable; and

x. The length of time that the temporary building will be used is the maximum needed to address the hardship but no longer than one year, unless otherwise extended by the planning director or designee.

C. Specific Type I Temporary Use Permit – Temporary Gravel Parking Facilities.

1. In accordance with ACC 18.46A.030, the planning director or designee may issue a Type I temporary use permit for a temporary gravel parking facility that serves municipal purposes. The planning director or designee may issue a temporary use permit for a period up to 12 months if the planning director or designee finds it is consistent with the following criteria in addition to the approval criteria specified in ACC 18.46A.080:

a. The use will not result in significant drainage or other adverse impacts;

b. The gravel parking area is not required for the purposes of meeting the current minimum off-street parking requirements.

2. The planning director or designee may grant additional extensions to the initial 12-month validity period if they find that such extension is warranted and that the temporary use is still in compliance with all applicable approval criteria.

D. Specific Type I Temporary Use Permit – Site Specific Unforeseen/Emergency Situations.

1. In accordance with ACC 18.46A.030, the planning director or designee may approve, approve with conditions or deny a request for approval of an unforeseen/emergency situation(s) for a residential, commercial, industrial or institutional building if the planning director or designee finds it is consistent with the following criteria in addition to the approval criteria specified in ACC 18.46A.080:

a. The need for the use is the direct result of a casualty loss resulting from damage or destruction by the elements, including but not limited to earthquake or fire or windstorm or flood, or by human cause of a structure or facility previously occupied on the premises for which the permit is sought;

b. There exists adequate and safe vehicular ingress and egress when combined with the other uses of the property;

c. There exists adequate off-street or shared parking for the temporary use;

d. The use will pose no hazard to pedestrians in the area of the use;

e. The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights which will affect adjoining use, pursuant to ACC 18.31.180 and 18.46A.090;

f. The use can be adequately served by sewer or septic system and water, if applicable;

g. The length of time that the temporary building will be used is the maximum needed to address the hardship but no longer than one year, unless otherwise extended by the planning director or designee.

E. Specific Type II Temporary Use Permit – Transitional Uses.

1. Existing agricultural and associated uses, which are not permitted outright, may continue provided there are no new structures built in excess of 2,000 square feet, or the use is expanded five acres or less, unless a temporary use permit is issued. In accordance with ACC 18.46A.030, the planning director or designee may issue a Type II temporary use permit if they find it is consistent with the following criteria in addition to the approval criteria specified in ACC 18.46A.080:

a. The use must be compatible or sufficient mitigating measures available to make it compatible with adjacent permitted uses;

b. The use cannot be a detriment to adjacent permitted uses;

c. The use will not result in significant adverse impacts to the area.

2. The planning director or designee may establish a longer validity period than that specified in ACC 18.46A.100 for a temporary use permit for the transitional uses specified herein.

3. Upon encroachment of permitted uses into the area authorized for a transitional use under a temporary use permit, the planning director or designee may review the temporary use permit to determine if such use is no longer compatible with the permitted uses and should be abated.

F. Specific Type II Temporary Use Permit – Homeless Encampment. In accordance with ACC 18.46A.030, the planning director or designee may issue a Type II temporary and revocable use permit for a homeless encampment subject to the following criteria and requirements:

1. Procedural Approval.

a. The sponsoring agency shall notify the city of the proposed homeless encampment a minimum of 30 days in advance of the proposed date of establishment for the homeless encampment and at least 14 days before submittal of the temporary use permit. The advance notification shall contain the following information:

i. The date the homeless encampment will encamp;

ii. The length of the encampment;

iii. The maximum number of residents proposed; and

iv. The host location.

b. The sponsoring agency shall conduct at least one public informational meeting within, or as close to, the neighborhood where the proposed homeless encampment will be located, a minimum of two weeks prior to the submittal of the temporary use permit application. The time and location of the meeting shall be agreed upon between the city and sponsoring agency. All property owners within 1,000 feet of the proposed homeless encampment shall be notified at least 14 days in advance of the meeting by the sponsoring agency. Proof of mailing shall be provided to the director of planning and development.

c. The temporary use permit application shall be accompanied by a hold harmless agreement whereby the host agency and sponsoring agency agree to indemnify the city of Auburn for, and hold it harmless from, all damages that may result from the operation of the homeless encampment by such permit grantee and shall pay all damages for which the permit grantee or the city of Auburn shall be held liable as the result of injuries suffered by any person, association or corporation by reason of the operation of the homeless encampment; provided, that in case any claim is filed with the city of Auburn or any suit or action is instituted against said city by reason of any such damage or injury, the city council shall promptly cause written notice thereof to be given to the grantee and the grantee shall have the right to defend any such suit or action.

2. Site Criteria.

a. If the sponsoring agency is not the host agency of the site, the sponsoring agency shall submit a written agreement from the host agency allowing the homeless encampment.

b. The property must be sufficient in size to accommodate tents and necessary on-site facilities, including, but not limited to, the following:

i. Sanitary portable toilets in the number required to meet capacity guidelines;

ii. Hand washing stations by the toilets and by the food areas;

iii. Refuse receptacles;

iv. Food tent and security tent.

c. The host and sponsoring agencies shall provide an adequate water source to the homeless encampment, as approved by the provider as appropriate or other water service.

d. No homeless encampment shall be located within a critical area or its buffer as defined under Chapter 16.10 ACC.

e. No permanent structures will be constructed for the homeless encampment.

f. No more than 100 residents shall be allowed. The city may further limit the number of residents as site conditions dictate.

g. Adequate on-site parking shall be provided for the homeless encampment. No off-site parking will be allowed. The number of vehicles used by homeless encampment residents shall be provided. If the homeless encampment is located on site with another use, it shall be demonstrated that the homeless encampment parking will not create a shortage of code-required on-site parking for the other uses on the property.

h. The homeless encampment shall be within a quarter mile of a bus stop with seven days per week service, whenever possible. If not located within a quarter mile of a bus stop, the sponsoring agency must demonstrate the ability for residents to obtain access to the nearest public transportation stop (such as carpools or shuttle buses).

i. The homeless encampment shall be adequately buffered and screened from adjacent right-of-way and residential properties. Screening shall be a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the homeless encampment behind buildings. The type of screening shall be approved by the city.

j. All sanitary portable toilets shall be screened from adjacent properties and rights-of-way. The type of screening shall be approved by the city and may include, but is not limited to, a combination of fencing and/or landscaping.

k. The sponsoring agency shall be responsible for the cleanup of the homeless encampment site within seven calendar days of the encampment’s termination.

3. Security.

a. An operations and security plan for the homeless encampment shall be submitted and approved by the city.

b. The host agency shall provide to all residents of the homeless encampment a code of conduct for living at the homeless encampment. A copy of the code of conduct shall be submitted to the city at the time of application.

c. All homeless encampment residents must sign an agreement to abide by the code of conduct and failure to do so shall result in the noncompliant resident’s immediate and permanent expulsion from the property.

d. The sponsoring agency shall keep a log of all people who stay overnight in the encampment, including names and birth dates, and dates of stay.

e. The sponsoring agency shall take all reasonable and legal steps to obtain verifiable identification, such as a driver’s license, government-issued identification card, military identification or passport from prospective and existing encampment residents.

f. The sponsoring agency will use identification to obtain sex offender and warrant checks from the Pierce County or King County sheriff’s office or relevant local police department.

i. If said warrant and sex offender checks reveal either: (A) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (B) the subject of the check is a sex offender, required to register with the county sheriff or their county of residence pursuant to RCW 9A.44.130, then the sponsoring agency will reject the subject of the check for residency to homeless encampment or eject the subject of the check if that person is already a homeless encampment resident.

ii. The sponsoring agency shall immediately contact the Auburn police department if the reason for rejection or ejection of an individual from the homeless encampment is an active warrant, is due to the individual being a sex offender required to register and/or if, in the opinion of the on-duty executive committee member or the on-duty security staff, the rejected/ejected person is a potential threat to the community.

g. The sponsoring agency shall self-police and self-manage its residents and prohibit alcohol, drugs, weapons, fighting, and abuse of any kind, littering or disturbing neighbors while located on the property.

h. The sponsoring agency will appoint an executive committee member to serve on-duty at all times to serve as a point of contact for city of Auburn police and will orient the police as to how the security operates. The names of the on-duty executive committee members will be posted daily in the security tent. The city shall provide contact numbers of nonemergency personnel, which shall be posted at the security tent.

4. Timing.

a. The maximum continuous duration of a homeless encampment shall be 90 days. Citywide, the total maximum number of days homeless encampments may operate in the city shall not exceed 180 days in any 24-month period (e.g., two homeless encampments each operating 90 days (maximum 180 days total) may be allowed in a 24-month period).

b. No more than one homeless encampment may be located in the city at any time.

5. Health and Safety.

a. All temporary structures within the homeless encampment shall conform to all building codes.

b. The homeless encampment shall conform to the following fire requirements:

i. Material used as roof covering and walls shall be of flame retardant material.

ii. There shall be no open fires for cooking or heating.

iii. No heating appliances within the individual tents are allowed unless the appliance is designed and licensed for that purpose.

iv. No cooking appliances other than microwave appliances are allowed.

v. An adequate number and appropriate rating of fire extinguishers shall be provided as approved by the fire department.

vi. Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the fire department.

vii. Adequate separation between tents and other structures shall be maintained as determined by the fire department.

viii. Electrical service shall be in accordance with recognized and accepted practice; electrical cords are not to be strung together and any cords used must be approved for exterior use.

c. The sponsoring and host agencies shall permit inspections by Auburn staff and the King County health department at reasonable times without prior notice for compliance with the conditions of this permit.

6. Termination. If the sponsoring agency fails to take action against a resident who violates the terms and conditions of this permit, it may result in immediate termination of the permit. If the city learns of uncontrolled violence or acts of undisciplined violence by residents of the encampment and the sponsoring agency has not adequately addressed the situation, the temporary use permit may be immediately terminated. (Ord. 6565 § 4, 2015; Ord. 6287 § 2, 2010; Ord. 6268 § 2, 2009.)