12.06.160 Temporary uses | Bothell Municipal Code

12.06.160 Temporary uses.

Temporary Uses	Zoning Classification
Temporary Uses	R 40,000	R 9,600 R 8,400 R 7,200	R 5,400d R 5,400a	R 4,000	R 2,800	R-AC	OP	NB	CB	GC	LI
Amusement rides, carnivals or circuses								P	P	P
Christmas tree lots							P	P	P	P
Community festivals and street fairs								P	P	P
Construction sheds or trailers (1)	P	P	P	P	P	P	P	P	P	P	P
Fireworks stands								P	P	P
Parking lot and sidewalk sales								P	P	P
Wireless communication facilities (2)	P	P	P	P	P	P	P	P	P	P	P
Seasonal sales of flowers or produce								P	P	P
Transitory accommodations (3)	P	P	P	P	P	P	P	P	P	P	P
Yard and garage sales	P	P	P	P	P	P
P: Permitted Use C: Conditional Use Numbers in parentheses reference use-specific development and operating conditions under subsection B of this section.

1. Construction sheds and trailers are permitted on the subject property or on adjacent property with permission of the owner for the duration of the construction activity; provided, that such sheds and trailers are located in conformance with all required setbacks and no residential or other use shall be made of such sheds or trailers which is unrelated to the construction activity.

2. Temporary WCFs as defined in BMC 12.11.020 are permitted for the following purposes:

a. Evaluating the technical feasibility of locating a permanent WCF upon the subject property, not to exceed three consecutive days.

b. Providing emergency communications services during natural disasters or other emergencies which may threaten the public health, safety and welfare.

c. Providing signal coverage for a temporary special event, such as a news event, community activity, sporting event or other special event, for up to five consecutive days; provided, that additional days may be approved by the director.

The placement and use of temporary WCFs shall conform to required setbacks as specified in Chapter 12.11 BMC and shall be maintained in a good and safe condition, and shall comply with all federal, state and local rules and regulations. No person may extend the allowable time for a temporary WCF through trivial or minimal movements of the temporary WCF.

3. “Transitory accommodations” shall mean tents, sheds, huts, cabins, trailers or other enclosures which are not permanently attached to the ground, may be easily erected and dismantled, and are intended for temporary occupancy, usually for recreational or humanitarian purposes. Transitory accommodations are permitted provided the community development director determines on a case-by-case basis that such use possesses no characteristics which would adversely impact the community in any way, or that any potentially adverse characteristics can be adequately minimized and/or mitigated so as not to be materially detrimental to the community. Transitory accommodations can vary widely in their characteristics, which include but are not limited to size of site, surrounding land uses, duration, number of occupants, noise generation, and light and glare emanation. Accordingly, certain types of transitory accommodations may require the imposition of extensive conditions to mitigate potential adverse impacts to the community, while others may not; in some cases, adequate mitigation of impacts may not be feasible, and a proposed transitory accommodation consequently may not be allowed. The community development director shall therefore have the authority to approve, approve with conditions, or deny a permit for a transitory accommodation proposal, after consideration of the performance criteria set forth herein.

(1) A transitory accommodation permit shall be required prior to the commencement of such a use, unless the community development director determines, after consideration of the performance criteria set forth in this section, that the proposed transitory accommodation possesses no characteristics which might adversely impact the community. The prospective transitory accommodation host (property owner and lessee, if applicable), sponsor and manager shall jointly apply for the transitory accommodation permit and shall be equally responsible for compliance with all conditions of the permit. “Applicant,” as used in these regulations, shall mean the transitory accommodation host, sponsor and manager. “Proponent,” as used in these regulations, shall mean the prospective host, sponsor and manager prior to submittal of an application for a transitory accommodation permit.

(2) A transitory accommodation permit is a Type II action and shall be processed accordingly, as set forth in BMC Title 11, Administration of Development Regulations, except that a pre-application conference and transportation concurrency review shall not be required. The permit fee shall be established by resolution of the city council.

(3) The applicant shall identify potential adverse effects of the proposed transitory accommodation on neighboring properties and the community and shall develop measures to mitigate such effects. The applicant shall submit a transitory accommodations impact mitigation plan with the permit application. The plan shall contain a narrative and drawing(s) that describe, to the satisfaction of the community development director, the measures the applicant will use to mitigate the effects of the transitory accommodation. At a minimum, the plan shall specifically describe the measures that will be implemented to satisfy the approval criteria provided in subsection (B)(3)(b) through (f) of this section, except for criteria specifically waived by the community development director.

The plan shall include a code of conduct and the names and phone numbers of all persons comprising the applicant. The form and organization of the mitigation plan shall be as specified by the community development director, but the elements of the plan shall be bound together. The approved transitory accommodation impact mitigation plan shall be signed by the community development director and the applicant, and implementation and enforcement of the plan shall be a condition of permit approval.

(A) Prior to applying for a transitory accommodation permit, the proponent shall provide written notice to any licensed child care facility and the administration of any public or private elementary, middle, junior high or high school within 600 feet of the boundaries of the proposed transitory accommodations site, and shall seek comments from said child care facility and school administration.

(B) Where no comments are received, or where said child care facility(ies) or the administration of said school(s) is supportive of the proposal, the proponent shall submit an affidavit to this effect with the application.

(C) Where said child care facility(ies) or the administration of said school(s) registers objections or concerns regarding the proposed transitory accommodations, the proponent shall attempt to resolve such objections or concerns via a negotiated mitigation plan between the proponent and the child care facility(ies) or school(s). Such a plan shall be submitted with the application and shall be incorporated in the conditions of the permit. Where the negotiations do not result in a mutually agreed upon mitigation plan within 30 days of receipt by the child care facility or school administration of the initial notice from the proponent, but the parties desire to continue to pursue resolution of the issues, the parties may request mediation services from or through the city. In the event the parties cannot reach agreement after a good faith effort of at least 30 days from receipt by the child care facility or the school administration of the initial notice from the proponent, the proponent may submit an application but shall provide a record of the negotiations between the parties, including but not limited to copies of all correspondence and meeting notes. In evaluating the application against the performance criteria set forth herein, the director shall consider the topic(s) of the unsuccessful negotiations and the extent to which the parties demonstrated good faith in their discussions. “Good faith” in this context shall mean a recognition of the legitimacy of, and a willingness to reasonably accommodate, each party’s needs, desires and concerns.

(5) Decisions of the community development director and/or police chief may be appealed. Such appeals shall be heard and decided by the hearing examiner in accordance with the procedures set forth in BMC 11.12.010.

(6) Emergencies. The community development director may waive these requirements when a natural or manufactured disaster necessitates the immediate establishment of transitory accommodations.

(7) Failure to Comply. If a transitory accommodation permit has been issued, and the community development director determines that the applicant has violated any condition of that permit, the director shall issue a notice of violation and require compliance in accordance with the procedures set forth in Chapter 11.20 BMC, Enforcement. Failure to correct the violation after a reasonable time for compliance shall result in revocation of the permit. In such an event all activities associated with the accommodation shall cease immediately and the site shall immediately be vacated and restored to its pre-accommodation condition.

(1) Size. The site shall be of sufficient land area to support the activities of the transitory accommodation without overcrowding of occupants, intruding into required setbacks or critical areas, destroying vegetation, eroding soils or otherwise overtaxing the land. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating the location of the proposed transitory accommodation on the host property; its area in square feet; and the proposed distribution of, and allocation of space for, anticipated activities including but not limited to sleeping, eating, socializing, and bathing and other personal functions.

(2) Setbacks from Property Line. All activities of the transitory accommodation shall be set back from adjacent properties a sufficient distance so as not to impinge upon or otherwise unduly influence activities on said adjacent properties. The transitory accommodation shall be positioned on the property in the location that results in the least adverse impact to occupants of neighboring properties. The community development director may require the applicant to change the proposed location of the transitory accommodation to mitigate adverse impacts to occupants of neighboring properties. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating buildings and uses on properties surrounding the proposed transitory accommodation, and the distance the proposed accommodation would be set back from surrounding property lines. A transitory accommodation shall be set back no less than 20 feet from the exterior boundary lines of adjacent properties unless the owners of such properties consent in writing to a reduction or waiver of such setback.

(3) Screening of Activities. Where deemed necessary by the community development director, activities of the transitory accommodation shall be obscured from view from adjacent properties, by a minimum six-foot-high temporary fence, an existing fence, existing dense vegetation, an existing topographic difference, distance from exterior property lines, or other means, to the maximum extent feasible.

(4) Parking. Adequate parking for the transitory accommodation shall be provided so as not to reduce parking utilized by existing surrounding uses. Where deemed necessary by the community development director, the applicant shall provide a proposed parking plan which addresses the following:

(A) A description of parking capacity, both on-site and on-street, that describes the amount and location of parking prior to the transitory accommodation and any displacement of parking resulting from the transitory accommodation; and

(B) Any circumstances which may reduce the normal demand for parking, such as off-peak-season use; and/or any mechanisms or strategies to reduce parking demand, such as the provision of shuttle buses for the use of occupants of the transitory accommodations, or the provision of shared parking agreements with adjacent uses.

(5) Access to Public Transportation. Where occupants of a proposed transitory accommodation are anticipated to walk to public transportation services, said accommodation shall be located no farther than one-half mile walking distance from a regular public transportation stop.

(6) Critical Areas. All proposed transitory accommodations shall comply with the city’s critical areas regulations as set forth in Chapter 14.04 BMC. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating the presence and extent of any critical areas.

(7) Restoration of Site. Upon cessation of the temporary accommodation, the site shall be restored, as near as possible, to its original condition. Where deemed necessary by the community development director, the applicant shall re-plant areas in which vegetation had been removed or destroyed.

(1) Length of Time. The proposed transitory accommodations shall be in operation the minimal length of time necessary to achieve the recreational, humanitarian or other objective(s) of the applicant. Where deemed necessary by the community development director, the applicant shall provide a narrative explaining the objective(s) the applicant seeks to achieve, and the amount of time the applicant believes necessary to achieve that objective. However, under no circumstances shall a proposed transitory accommodation be allowed in one location for more than 90 days, either consecutively or cumulatively, during any 12-month period, except that where the ninetieth day falls on a Friday, an additional two days shall be allowed to dismantle and remove the accommodation over the immediately following weekend.

d. Health and Safety Performance Criteria. Transitory accommodations shall be operated in such a manner as to ensure the health and safety of occupants of the subject and surrounding properties. Accordingly, all transitory accommodations shall comply with the following:

(1) Health Regulations. All applicable city, county and state regulations pertaining to public health shall be met.

(2) Fire Safety. Inspections of the accommodation by the city for fire safety purposes may be conducted at any time and without prior notice. Adequate access, as determined by the fire marshal, shall be maintained within and around the accommodation at all times to ensure that emergency vehicles can ingress/egress the site.

(3) Building Code Inspections. Inspections of the accommodation by the city to ensure the public health and safety with regard to structures may be conducted at any time and without prior notice.

(4) Drinking Water and Solid Waste. An adequate supply of potable water shall be available on-site at all times. Adequate toilet facilities shall be provided on-site, as determined by the public works director. All city, county and state regulations pertaining to drinking water connections and solid waste disposal shall be met.

(5) Trash. Adequate facilities for dealing with trash shall be provided on-site. A regular trash patrol or other method of regular maintenance in the immediate vicinity of the site shall be provided.

(1) Noise. Any transitory accommodation shall comply with city noise regulations as set forth in Chapter 8.26 BMC. Where deemed necessary by the community development director, the applicant shall provide a plan to mitigate potential noise impacts.

(2) Light and Glare. Any transitory accommodation shall comply with city light and glare regulations as set forth in Chapter 8.64 BMC. Where deemed necessary by the community development director, the applicant shall provide a plan to mitigate potential light and glare impacts.

(3) Security. Any transitory accommodation shall comply with city regulations regarding lawful behavior as set forth in BMC Title 9, Criminal Code. Any transitory accommodation shall provide all required legal access to public areas of the site by the city of Bothell police department and any other relevant law enforcement agency at all times. Additionally, where deemed necessary by the community development director or the police chief, the applicant shall provide for the following:

(A) The applicant shall take all reasonable and legal steps to obtain verifiable identification, such as a valid driver’s license, government-issued identification card, military identification card, or passport, from all prospective and current camp residents.

(B) The applicant will use such identification to obtain warrant and sex offender checks from the King or Snohomish County Sheriff’s office or other relevant authority. The anonymity of the requesting party shall be maintained.

(C) If said check reveals that the subject of the check is a sex offender, required to register with the city, county or state authorities pursuant to RCW 9A.44.130, then the applicant shall immediately reject the subject of the check for residency in the transitory accommodation or eject the subject of the check if that person is currently a resident of the accommodation, and shall immediately notify the Bothell police department of such rejection or ejection.

(D) If said check reveals that the subject of the check has an existing or outstanding warrant, then the applicant may select either of the following alternative actions:

(1) Immediately reject or eject the subject of the check and immediately notify the Bothell police department of such rejection or ejection; or

(2) Request the Bothell police department to confer with the agency or court of jurisdiction from which the warrant originated to determine whether or not said agency or court desires the warrant to be served. If the originating agency or court desires the warrant to be served, the Bothell police department shall do so immediately. If the originating agency or court declines warrant service, due to the minor nature of the offense for which the warrant was issued or for other reasons, the subject may enter or remain in the transitory accommodation; provided, that the applicant actively assists the subject in resolving the warrant.

(E) The applicant shall keep a log of all individuals who stay overnight in the transitory accommodation, including names and dates. Logs shall be kept for a minimum of six months.

(F) The applicant shall provide on-site security, as approved by the community development director in consultation with the city of Bothell police department.

(4) Codes of Conduct. The applicant shall provide and enforce a written code of conduct which mitigates impacts to neighbors and the community. Said code shall be incorporated into the conditions of approval.

(1) Indemnification. Except for religious organizations, the applicant shall defend, indemnify, and hold the city, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits of any nature, including attorney fees, due to the acts or omissions of the applicant in connection with the operation of the transitory accommodation.

(2) Liability Insurance. Where deemed necessary by the community development director, with the exception of religious organizations, the applicant shall procure and maintain in full force, through the duration of the transitory accommodation, comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence/aggregate for personal injury and property damage.

(3) Other Criteria. Where deemed necessary, the community development director may identify other performance criteria; require the applicant to describe the potential impacts of the proposed transitory accommodation with respect to those criteria; and determine if measures are warranted to minimize or otherwise mitigate such impacts. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 2093 § 2 (Exh. B), 2012; Ord. 1955 § 1, 2005; Ord. 1946 § 2, 2005; Ord. 1876 § 2, 2002; Ord. 1815 § 1, 2000; Ord. 1733 §§ 4 (Exh. C), 6, 1998; Ord. 1629 § 1, 1996).