22.60.050 Review process.
A. Permit Type. Applications for a temporary use permit shall follow the procedures for a Type I review, pursuant to Chapter 22.84 MMC, Permit Processing.
B. Application. An application for a temporary use permit shall be made according to the submittal requirements in MMC 22.84.040(D), Project Permit Applications, on forms prescribed by the city, and shall include the fee established by the current fee resolution.
C. Application Contents. All temporary use applications submitted in accordance with this title shall include the information set forth in MMC 22.84.040(D), and in the following section. No application shall be deemed complete, nor accepted by the city, until all information set forth below has been submitted:
1. Completed application form;
2. Names, addresses, and telephone numbers of the owner(s) of record of the land, and of the applicant, and, if applicable, the names, addresses and telephone numbers of any architect, planner, designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant;
3. Existing zoning district(s) of the subject site;
4. Existing zoning district(s) within three hundred feet of the site;
5. Existing and proposed use(s) of the project site;
6. A site plan drawing at a scale of not less than one inch for each fifty feet, which shall include:
a. Locations of all existing and proposed buildings and structures;
b. The boundaries of the subject site;
c. All setback lines;
d. All critical areas and their associated buffers;
e. Existing lot area;
f. The number of parking spaces existing on site;
g. The number of parking spaces to be used by the mobile vendor;
7. Other information and materials as may be required by the city to review the application.
D. Public Notice. Temporary use permits shall be subject to all applicable noticing requirements in MMC 22.84.050, Public notice requirements. Although temporary use permits generally do not require public notice under MMC 22.84.050, the zoning administrator shall have the discretion to require notice be provided to adjacent property owners prior to permit approval.
E. Public Hearing. Pursuant to Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, a public hearing is not required for a temporary use permit application.
F. Decision. The final decision authority, as determined by Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, shall approve, approve with conditions, or deny a temporary use permit.
G. Decision Criteria. A temporary use permit shall not be granted by the decision authority unless the applicant demonstrates that the proposal meets all of the following criteria. The decision authority may authorize temporary uses after consultation and coordination with all other applicable city departments and other agencies and only when all the following determinations can be made based on an application received:
1. The temporary use will not impair the normal, safe, and effective operation of a permanent use on the same site.
2. The temporary use will be compatible with uses in the general vicinity and on adjacent properties.
3. The temporary use will not significantly impact public health, safety or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct or uses and activities in the vicinity.
4. The use and associated structures will be conducted and used in a manner compatible with the surrounding area.
5. The application is for a use that is typically temporary. The temporary use shall comply with the goals, policies and standards of this title.
H. Conditions of Approval. In authorizing a temporary use permit, the decision authority may attach thereto such conditions that they deem to be necessary or desirable in order to carry out the intent and purposes of this title. The decision authority shall route requests for temporary use permits to applicable departments and agencies and may establish such additional conditions as may be deemed necessary to ensure land use compatibility, to minimize potential impacts on nearby uses, and to satisfy applicable departments and agencies. These include, but are not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or enclosure, guarantees for site restoration and cleanup following temporary uses and charges for needed city services.
I. Appeals. The action of the decision-making body in granting or denying a site plan is a final decision appealable to the appeal authority specified in Table 22.84.060(B)(2): Decision-Making and Appeal Authorities.
J. Expiration. A temporary use permit approved under this chapter shall automatically expire, and therefore be declared null and void, on the date of expiration specified on the permit. (Ord. 005/2019 § 10 (Exh. B))