Body
Web page revised 1.1.26
What is a temporary use permit?
A temporary use means a use of land that has a limited duration of time. A temporary structure means a structure that does not have a permanent foundation, that involves no grading or site improvements, and that when removed, results in no physical alteration of the site. A permit may be required for some temporary uses and structures.
Note: Only those uses permitted outright in the respective zone may be allowed under a temporary use provision below.
If I live in a residential district, are there temporary uses or structures that don’t need a permit?
Yes. The following temporary uses and structures do not require a temporary use permit.
- Placement of tents, canopies, membrane structures or storage containers within the setbacks of the district for two weeks or less per year.
- Placement of tents, canopies, or membrane structures that meet the setbacks of the district.
- Temporary construction trailers, construction materials, and equipment storage areas, and construction offices accessory to a residential construction site.
If I live in a residential district, what temporary uses or structures do require a temporary permit?
Under our Type I Review process (see explanation below), the following temporary uses and structures may be approved:
- Temporary modular sales and leasing offices for on-site residential development properties
- Placement of tents, canopies, or membrane structures for more than two weeks per year that do not meet setbacks of the underlying zone
- Placement of storage containers for more than two weeks per year
If I have property within a non-residential district, what temporary uses or structures do or do not require a permit?
A temporary permit is not needed for the following uses and structures within non-residential zones. Note, however, that registration with Permit Services is required for the fourth bulleted item below. Also, building and fire code requirements still apply.
- Temporary construction trailers, construction materials, and equipment storage areas, and construction offices accessory to a construction site.
- Fireworks stands, subject to the provisions of Clark County Code, Chapter 5.28
- Holiday-related seasonal sales lots during the month of December, along with their associated temporary structures
- Temporary changes in uses and associated temporary structures for a total of two weeks or less per year per site. The property owner must register the use with the Permit Center before the structure(s) or uses are placed or the change of use begun.
- Placement of tents, canopies, or membrane structures which do not result in a change of use for 180 calendar days or less per year per site as allowed by the fire marshal.
Note: A change of use means a change in the use of a portion or all of a site, including, but not limited to, the use of an existing parking lot for sales or storage. Change of use does not include the erection of a temporary structure over an existing permitted use, such as, but not limited to, tents which cover a portion of an existing car sales lot, or tents to cover existing play equipment.
Under our Type I Review process (see explanation below), the following temporary uses and structures may be approved:
- Temporary sales and leasing offices for on-site commercial or industrial development properties; and,
- Temporary changes of uses and associated temporary structures for more than two weeks per year.
Under our Type II Review process (see explanation below), the following uses and structures may be approved:
- Temporary use of the following equipment essential to and only in conjunction with the construction or building of a road, bridge, ramp, dock, and/or jetty in proximity to the approved construction site:
- Portable asphalt or concrete mixing plants
- Portable concrete batching plants
- Portable rock crushing plants
- Accessory equipment essential to the use of the aforementioned plants
- Outdoor public amusements, entertainment or assemblies, including circuses, carnivals or amusement rides shall be subject to the provisions of Chapter 5.32 of this code. However, if a circus, carnival or amusement ride is proposed in a commercial or industrial district and will not occur within 200 feet of a residential district, it may be reviewed as a Type I.
Are there other performance standards that I need to know about before I begin my temporary use?
Yes. There are a number of other regulations that apply to a temporary use to include:
- Temporary uses shall comply with all state and county regulations governing nuisance effects, including Chapter 9.24, Nuisances, and with the following standards:
- Noise. Temporary uses shall comply with state maximum environmental noise levels as defined in Chapter 173-60 WAC.
- Temporary uses shall not cause external effects such as offensive odors, increased lighting or glare, dust, smoke, or vibration detectable to normal sensory perception at the property line.
- Any use of equipment that creates visible or audible interference in radio or television receivers or fluctuations in line voltage at or beyond the property line is prohibited.
- Any use of hazardous material or disposal of hazardous waste shall comply with all applicable federal, state and local regulations.
- Temporary uses shall not generate life safety hazards. Specific mitigating conditions may be required by the responsible official.
- A temporary use permit shall be revoked pursuant to Chapter 32.12 should the county find that the use has failed to comply with the general provisions and standards, including the nuisance standards of Section 40.260.220(D)(1), or other performance standards required by the permit.
How long is a temporary use permit valid?
The responsible official may approve permits for temporary uses and structures, with conditions to mitigate negative impacts for up to 18 months.
Temporary permits may be renewed by a hearing examiner approval through a Conditional Use, Type III public hearing process. A fully complete conditional use application must be submitted within 30 days of the expiration of the original permit. Proof of additional time needed for the use or structure shall be provided by the applicant with the application.
Additional temporary use permits for the same site within three years of the original temporary use permit issuance shall require a conditional use permit prior to the issuance of a second permit.
What is the application process?
All land use reviews are completed online.
Follow the Land Use Application Submittal Process and these instructions on how to apply online.
Contact planningapps@clark.wa.gov with questions on how to apply.
For a Type I Temporary Use Permit, the applicant is required to upload the following:
- Land Use Review application
- Completed and signed Temporary Use Permit Agreement form
- Site plan
- Permit fee
The site plan must include the lot size, dimensions and setback measurements for any existing and proposed new structures. The vehicle access points and parking areas shall also be shown with distances from the lot boundaries.
There is no public notice required for a Type I review.
See Type I review process (CCC 40.510.010).
For a Type II Temporary Use Permit, the applicant is required to upload the items in the submittal checklist.
For a Type II application, public notice of the proposed development is provided to all property owners within 500 feet (rural)/300 feet (urban) of the development site, and the respective neighborhood association.
See Type II Review Process (CCC 40.510.020).
Submittal Requirements
Refer to the Type II, II-A and III Submittal Requirements handout.
The following list identifies information to be included with the application.
- Cover sheet and table of contents - Each submittal packet shall contain a cover sheet that contains the project name and applicant’s name, address, email address, and phone number. A table of contents to provide assistance in locating the various requirements the pdf files shall be named/labeled to follow the cover sheet.
- Application form - The application form shall be completed and original signed in ink by the applicant.
- Application fee - The required fee shall be paid upon submittal.
- Developer’s GIS packet - A copy of the Developer’s GIS Packet shall be submitted with the application. Applicants can order a GIS Developer's Packet with a credit card online. For more information, contact GIS at 564.397.4082 or themapstore@clark.wa.gov.
- Narrative - A written narrative shall be submitted that addresses the following:
- How the application meets or exceeds each of the applicable approval criteria and standards
- How the proposed plan provides for safe parking
- The proposed hours of operation
- Proposed development plan - The proposed plan shall be drawn to a minimum engineer’s scale of 1” = 200’.
The following information shall be clearly depicted on the proposed development plan:- General information
- Applicant’s name, mailing address and phone number
- Owner’s name and mailing address;
- Contact person’s name, mailing address, and phone number
- North arrow oriented to the top, left or right of page, scale and date
- Proposed name of project or business
- Vicinity map covering ¼ mile radius from the development site (not required for rural area plans)
- Area of the site in acres or square feet
- Existing conditions plan
- Layout, square footage and dimensions of all parcels
- Location(s) of any existing building(s) on the site and use
- Name, location, width and surfacing materials (e.g., gravel, asphalt or concrete) of roadways
- Location and width of existing pedestrian and bicycle facilities on and within 100 feet of the site
- Location of environmental constraints on the site, see Developer’s GIS Packet
- Proposed site plan
- Proposed site plan identifying proposed uses and structures with setback dimensions from property lines
- Proposed parking areas
- Proposed protected areas (if applicable, due to environmental constraints) and methods of protection
- Vehicle access points and parking areas shall also be shown with distances from the lot boundaries
- General information
Fee schedule
The following fees are required to be paid when the application is submitted.
Type I
Temporary Use: $2,837
Issuance: $53
Engineering deposit: $200
Issuance: $53
Engineering will bill at an hourly rate which must be fully paid before application is approved or finalized.
Type II
Land use application submittal $1,069
Wetland/habitat application submittal: $233
Issuance: $94
Additional fees will be assessed at fully complete.