18.120.260 Temporary uses.
Temporary uses require an approved temporary use permit to operate pursuant to MCC 18.150.080 unless otherwise specified in this code. Temporary uses shall be located, developed, and operated in compliance with the following standards:
A. General. A temporary use is intended to operate only for a limited period of time.
B. Carnivals, Fairs, and Festival Events. Carnivals, fairs, and festival events, including arts and neighborhood and community fairs, in connection with an existing commercial use or in conjunction with an activity of a civic organization, church, lodge, public or private educational facility, or other such group or organization are permitted in accordance with the following standards:
1. Location. Carnivals, fairs, and festival events are limited to areas within commercial, mixed use, and employment districts, or on property owned by a public or private educational facility, institution, or religious facility. Corn mazes and similar activities are permitted in rural districts. Neighborhood and community fairs are permitted in rural and residential districts.
2. Time Limit. When located within or adjacent to a residential district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m., unless a longer time period is approved with a temporary use permit.
3. Duration. Carnivals, fairs, revivals and festival events are limited to no more than 10 consecutive days, separated by at least 30 calendar days four times a year. A more limited duration may be established in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.
4. Existing Parking. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than 75 percent of the minimum number of spaces required by this code (or an alternative method for parking is approved by staff), and traffic access shall be maintained.
C. Farmers Markets. Farmers markets shall be located, developed, and operated consistent with the following standards:
1. Operator. Farmers markets must be operated by one or more certified producers, a nonprofit organization, or a local government agency.
2. Vendors. At least 70 percent of vendors must be farmers, ranchers, and other businesses who sell food, plants, flowers, and added-value products such as jams and jellies.
3. Management Plan. A management plan shall be prepared and provided to the zoning administrator. The management plan shall include the following:
a. Identification of a market manager or managers, who shall be present during all hours of operation.
b. A set of operating rules addressing the governance structure of the market, the method of assigning booths and registering vendors, hours of operation, maintenance, security, refuse collection, and parking.
4. Hours of Operation. Market activities shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. Setup of market operations shall begin no earlier than 6:00 a.m., and takedown shall end no later than 8:00 p.m.
5. Waste Disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation, and shall be removed from the site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.
D. Garage Sales. A garage or yard sale may be conducted on any developed lot in a residential or rural district, subject to the following requirements. No permit is necessary to conduct a garage sale.
1. No more than four such sales may be conducted on any one lot in any one calendar year.
2. Each sale period shall be for no more than three days within a three-month duration.
3. All merchandise to be sold shall be displayed on a private lot and not within the public right-of-way. Merchandise shall be personal property of the family or families hosting the sale and shall not have been purchased for resale.
E. Model Homes. Model homes with sales offices and temporary information/sales trailers in new residential subdivisions are subject to the following requirements:
1. Time Limits. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of 12 months.
2. Location of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots within the subdivision it is located in and to other subdivision projects under the same ownership.
3. Return to Residential Use. Prior to the close of a sale of any of the model homes as a single-family residence, any portion used for commercial purposes will be converted to its intended residential purpose, including flagpoles.
4. Term of Use. The model home may be established and operated until completion of the sale of the lots or residences within the subdivision, or for a duration specified as a condition of the temporary use permit.
F. Swap Meets. Outdoor swap meets, antique markets, and similar multi-vendor open-air ventures are allowed in accordance with the following standards:
1. Location. Outdoor markets are limited to areas within public/semi-public, commercial, mixed use, and employment districts, or on property owned by a public or private educational facility, institution, or religious facility.
2. Time Limit. When located within or adjacent to a residential district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m., unless a longer time period is approved with a temporary use permit.
3. Duration. Swap meets may only operate once per month for no more than two consecutive days.
4. Existing Parking. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than 75 percent of the minimum number of spaces required by this code (unless an alternative method for parking is approved by city staff), and traffic access shall be maintained.
G. Temporary and Seasonal Outdoor Sales. Temporary and seasonal outdoor sales are allowed in accordance with the following standards. An approved administrative use permit is required.
1. General Requirements. Temporary outdoor sales, including but not limited to grand opening events, and other special sales events, on private property in nonresidential districts are subject to the following standards:
a. Except for seasonal sales, temporary outdoor sales are part of an existing business on the same site and are limited to a seven-day period four times a year.
b. Sales events must be conducted solely on private property and not encroach within the public right-of-way or occupy required parking, unless an alternative parking scenario is approved by staff to meet the intent. Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
2. Seasonal Sales. The annual sales of Christmas trees, fireworks, pumpkins and similar items are permitted in accordance with the following standards:
a. Time Period. Pumpkin sales are permitted from October 1st through November 7th. Christmas tree sales are permitted from November 15th through December 31st. Seasonal sales associated with other holidays are permitted up to a month preceding and one week following the holiday.
b. Goods, Signs and Temporary Structures. All trees, pumpkins, or other items for sale, as well as signs and temporary structures, shall be removed within five days after the end of sales, and the appearance of the site shall be returned to its original state.
3. Nonprofit Fundraising. Fundraising sales by a nonprofit organization for up to three days per event.
4. Long-Term Special Events and Sales. Other special events, outdoor sales, and displays that exceed seven consecutive days may be permitted in accordance with the following standards:
a. Location. Events are limited to nonresidential districts.
b. Number and Duration of Events. No more than four events at one address shall be allowed within any 12-month period unless a temporary use permit is obtained. The duration of any single event shall not exceed 30 days.
c. Existing Business. Temporary outdoor sales shall be part of an existing business on the same site.
d. Signs. Signs shall conform with the provisions of Chapter 18.115 MCC.
5. Vehicle Sales Prohibited. The parking of privately owned used automobiles in parking lots for the express purpose of offering the vehicle for sale is prohibited, unless permission is granted by the property owner and multiple cars are not offered for sale at one time. This restriction does not apply to automobile/vehicle sales and leasing uses. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.26; Ord. 14-12 § 1.]