23.42.040

The Director may grant, deny or condition applications for the following intermittent, temporary, or interim uses not otherwise permitted or not meeting development standards in the zone: A. Intermittent uses 1. A Master Use Permit for a period of up to one year may be authorized for any use that occurs no more than two days per week and does not involve the erection of a permanent structure, provided that: a. The use is not materially detrimental to the public welfare; and b. The use does not result in substantial injury to the property in the vicinity; and c. The use is consistent with the spirit and purpose of the Land Use Code. B. Temporary four-week use. A Master Use Permit for a period of up to four weeks may be authorized for any use that does not involve the erection of a permanent structure and that meets the requirements of subsections 23.42.040.A.1.a through 23.42.040.A.1.c. C. Temporary uses for up to six months. A Master Use Permit for a period of up to six months may be authorized for any use that does not involve the erection of any permanent structure and that meets the requirements of subsections 23.42.040.A.1.a through 23.42.040.A.1.c. D. Boatbuilding Shelters. 1. A temporary use of premises, not involving the erection of any permanent structure, for the express purpose of sheltering the construction of boatbuilding projects by noncommercial home hobbyists, may be authorized by the Director by a revocable Master Use Permit for a period of not more than one year. One year extensions may be granted by the Director for a period not to exceed four years. The permit is subject to the following development standards: a. The boatbuilding shelter shall not detract from the general appearance of the neighborhood. b. The structure, though temporary, shall be sturdy enough to withstand inclement weather conditions. c. Measures which may be required to mitigate possible adverse impacts of the boatbuilding shelter may include, but are not limited to, restrictions on height, size, location or external treatment. E. Temporary Relocation of Police and Fire Stations. A Master Use Permit may be issued for a period of 24 months or less for the temporary relocation of police and fire stations if the proposal complies with the criteria for approval of intermittent uses in subsections 23.42.040.A.1.a-23.42.040.A.1.c, and if the proposal does not involve the construction of any permanent structure. A Master Use Permit for temporary relocation of police and fire stations may be renewed once for a period not to exceed 12 months. F. Temporary use for light rail transit facility construction. A temporary structure or use that supports the construction of a light rail transit facility may be authorized by the Director pursuant to a Master Use Permit subject to the requirements of this subsection 23.42.040.F and subsection 23.60A.209.E if the structure or use is within the Shoreline District. 1. The alignment, station locations, and maintenance base location of the light rail transit system must first be approved by the City Council by ordinance or resolution. 2. The temporary use or structure may be authorized for only so long as is necessary to support construction of the related light rail transit facility and must be terminated or removed when construction of the related light rail transit facility is completed or in accordance with the Master Use Permit. 3. The applicant must submit plans for the establishment of temporary construction uses and facilities to the Director for approval. When reviewing the application, the Director shall consider the duration and severity of impacts, and the number and special needs of people and businesses exposed, such as frail, elderly, and special needs residents. Following review of proposed plans and measures to mitigate impacts of light rail transit facility construction, and prior to the issuance of any permits granting permission to establish construction facilities and uses, the Director may impose reasonable conditions to reduce construction impacts on surrounding uses and area, including but not limited to the following: a. Noise and grading and drainage. Noise impacts will be governed by Chapter 25.08 and off-site impacts associated with grading and drainage will be governed by Chapter 22.170 and Chapters 22.800 through 22.808 . b. Light. To the extent feasible, light should be shielded and directed away from adjoining properties. c. Best management practices. Construction activities on the site must comply with subsection 22.805.020.D. d. Parking and traffic 1) Measures addressing parking and traffic impacts associated with truck haul routes, truck loading and off-loading facilities, parking supply displaced by construction activity, and temporary construction worker parking, including measures to reduce demand for parking by construction employees, must be included and must be appropriate to the temporary nature of the use. 2) Temporary parking facilities provided for construction workers need not satisfy the parking requirements of the underlying zone or the parking space standards of Section 23.54.030 . e. Local businesses. The applicant must address measures to limit disruption of local business, including pedestrian and/or auto access to business, loss of customer activity, or other impacts due to protracted construction activity. f. Security. The applicant must address site security and undertake measures to ensure the site is secure at all times and to limit trespassing or the attraction of illegal activity to the surrounding neighborhood. g. Site/Design. The construction site should be designed in a manner that minimizes pedestrian/vehicle conflicts and does not unnecessarily impede pedestrian mobility around the site and through adjoining neighborhoods. Measures should also be undertaken to ensure appropriate screening of materials storage and other construction activities from surrounding streets and properties. h. Public information. Actions should be taken that will inform surrounding residents and businesses of construction activities taking place and their anticipated duration, including a 24-hour phone number to seek additional information or to report problems. i. Weather. Temporary structures must be constructed to withstand inclement weather conditions. j. Vibration. The applicant must consider measures to mitigate vibration impacts on surrounding residents and businesses. k. Construction management plan. The Director shall require a preliminary construction management plan prior to permit approval and a final construction management plan prior to use of the site. The construction management plan shall incorporate, to the extent feasible, public comment provided through the Community Outreach Report, required by subsection 23.80.002.B, and be approved by the Director of Transportation. 4. Site restoration a. The applicant must also agree, in writing, to submit a restoration plan to the Director for restoring areas occupied by temporary construction activities, uses, or structures. b. The restoration plan must be submitted and approved prior to the applicant vacating the construction site and it must include proposals for cleaning, clearing, removing construction debris, grading, remediation of landscaping that prioritizes installation of woody vegetation wherever feasible, and restoration of grade and drainage. c. Site restoration must generally be accomplished within 180 days of cessation of use of the site for construction uses and activities, unless otherwise agreed to between the applicant and the Director. d. The Director will approve plans for site restoration in accordance with mitigation plans authorized under this Section 23.42.040 . 5. Tree and vegetation management plan (TVMP) for light rail transit facilities. A TVMP must be reviewed and approved by the Director prior to approval of the Master Use Permit. Tree removal and vegetation management activities for light rail transit facilities shall meet the requirements of this subsection 23.42.040.F.5 and comply with the approved TVMP. a. The TVMP shall contain the following information. All information in the TVMP must be consistent with the requirements of subsections 23.42.040.F.5.b through 23.42.040.F.5.g. 1) An inventory and map of all trees anticipated to be retained and removed during construction; 2) Documentation of proposed protection methods for retained trees; 3) A description of all proposed tree mitigation; 4) Best management practices to be used during construction; 5) Site restoration requirements that prioritize installation of woody vegetation wherever feasible; and 6) Post-construction tree and vegetation management practices. b. Trees retained during construction must be protected by approved methods consistent with the American National Standards Institute A300 standards. c. Trees and vegetation in environmentally critical areas are subject to requirements of Chapter 25.09 . d. Trees and vegetation in shoreline environments are subject to Chapter 23.60A . e. Trees in the right-of-way are subject to requirements of Title 15 . f. Trees on City property are subject to the requirements of applicable executive orders. g. Except for trees in an environmentally critical area, a shoreline environment, or on City property and right-of-way, each tree removed shall be replaced by one or more new trees, the size and species of which shall be approved by the Director to comply with the following requirements. Alternatively, the removal of a tree may be replaced with an in-lieu-fee approved by the Director. 1) Tree replacement shall be designed to result, upon maturity, in a canopy cover that is at least roughly proportional to the canopy cover prior to tree removal. 2) Replacement tree species shall be native and/or culturally significant species, and resilient to climate change. 3) Tree replacement shall be prioritized in the light rail construction areas. 4) Tree maintenance and monitoring is required for a five-year period after site restoration is complete. 5) Tree replacement, site restoration, and voluntary payment in lieu must be completed prior to revenue service operation of the light rail facility. h. Records. A public agency acting pursuant to this subsection 23.42.040.F.5 shall maintain all applicable records documenting compliance with a TVMP. A public agency shall provide the records to the Director upon request. G. Authorized intermittent, temporary, and interim uses do not interrupt any legally established permanent use of a property. (Ord. 127228 , § 5, 2025; Ord. 126685 , § 8, 2022 [typographical error and style correction]; Ord. 125603 , § 9, 2018; Ord. 125558 , § 3, 2018; Ord. 124105 , § 14, 2013; Ord. 123939, § 3, 2012; Ord. 123565, § 1, 2011; Ord. 123106, § 6, 2009; Ord. 122816, § 2, 2008; Ord. 122198, § 1, 2006; Ord. 121563, § 2, 2004; Ord. 121277, § 1, 2003; Ord. 119904, § 1, 2000; Ord. 117263 , 4, 1994; Ord. 112840, § 1, 1986; Ord. 110381, § 1, 1982.)