3.6.400 Temporary Uses.
Temporary uses are characterized by their short term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to:
•Seasonal sales
•Farm produce sales
•Temporary real estate sales office or model home
•Temporary building
•Education modular
•Medical hardship housing
•Carnivals/fairs, parking lot sales and warehouse sales
•Temporary shelter
Unless otherwise permitted, temporary uses must comply with this section. Temporary uses not specifically allowed under this section, including but not limited to temporary retail sales and services, in zones where retail sales and services are allowed, are prohibited. The use of a motor home, recreational vehicle, travel trailer, tent, or similar device as a dwelling unit is also prohibited except as provided in this section. Provision of “safe parking” as described in the Bend Code is not considered a “dwelling unit” use prohibited by this section, and is allowed as set forth in the Bend Code. “Safe parking” as described in the Bend Code is not a land use decision and is not subject to the Bend Development Code.
Some temporary uses must be approved through a temporary use permit because they occur for longer periods than others. Other, shorter duration, temporary uses may occur without temporary use permit approval. In both cases, all temporary use standards of this section must be met at all times.
A. Seasonal Sales. Seasonal sales related to a holiday or seasonal event such as holiday tree sales and Fourth of July fireworks sales occur only once in a calendar year and for no longer than 30 days. No temporary use permit is required. However, the use must comply with the following standards:
1. The use is permitted in the zoning district and does not violate any conditions of approval for the property (e.g., prior site plan review approval).
2. The applicant has written permission from the property owner to temporarily place the use on the property.
3. The vision clearance standards of BDC Chapter 3.1 are maintained and public rights-of-way are not obstructed.
4. Ingress and egress are safe and adequate and meet the access standards of BDC Chapter 3.1.
5. The use is adequately served by sewer or septic system and water, if applicable.
6. The temporary use must terminate no later than 30 days after initial start-up.
B. Farm Produce Sales. The sale of farm produce is allowed to occur continually on a site which allows retail sales, not to exceed 180 days. A temporary use permit is required to ensure that all of the seasonal sales standards contained in subsections (A)(1) through (6) of this section are met. The use of tents for farm produce sales shall meet any applicable fire code and/or building code standards.
C. Temporary Real Estate Sales Office or Model Home. A temporary real estate sales office or model home in a subdivision is subject to temporary use permit review to ensure that the following standards are met:
1. Temporary real estate sales office:
a. The temporary real estate sales office shall be located within the boundaries of the subdivision in which the real property is to be sold;
b. The property to be used for a temporary real estate sales office shall not be permanently improved for that purpose; and
c. The temporary real estate sales office shall be removed once all lots or homes/buildings within the subdivision are sold.
2. Model house:
a. The model house shall be located within the boundaries of the subdivision where the real property to be sold is situated;
b. The model house shall be designed as a permanent structure that meets all relevant requirements of this code; and
c. The model house shall cease to be a temporary use and shall be used as a residential dwelling or other permitted use in the zoning district once all other lots or homes/buildings within the subdivision are sold.
D. Temporary Building. A temporary building such as a trailer, cargo container, or prefabricated building may be used as a temporary commercial or industrial office or space associated with the primary use on a property. Temporary buildings are subject to temporary use permit review and must meet all of the following standards:
1. The site is developed with a primary use or the primary use is under construction.
2. The temporary building must be located within the boundaries of the property on which the primary use is located (temporary buildings used during construction of the primary use may be located off site, but must be a reasonable distance from the primary use).
3. Ingress and egress meet the applicable requirements of BDC Chapter 3.1.
4. The temporary building complies with applicable building codes.
5. The use can be adequately served by sewer or septic system and water, if applicable.
6. All locational standards for structures in the applicable zoning district are met (e.g., setbacks, height and lot coverage).
7. The length of time that the temporary building will be used must not exceed 12 months. When a temporary permit expires, the applicant or owner must remove the temporary building from the site.
8. Temporary buildings used for construction purposes are allowed on a site under construction and do not need a temporary use permit; however, they must be removed 30 days after the final inspection is complete.
E. Temporary Placement of Educational Modulars. The placement of educational modular classrooms may be granted for up to two years without site plan approval through a temporary use permit application approval. The temporary use permit application must contain a schematic site plan that shows the following: (1) the type of modular proposed, and (2) the proposed placement location of the modular.
In addition to meeting the standards of subsections (D)(1) through (6) of this section, the application for a temporary use permit for an education modular must also meet the following standards:
1. The parking requirements of BDC Chapter 3.3 must be met for the permanent and temporary structures.
2. The landscaping requirements in BDC Chapter 3.2 must be met.
F. Medical Hardship Housing. A temporary use permit is required for medical hardship housing. The following standards are applicable to the siting of medical hardship housing:
1. Temporary use permits may be granted in residential zones for relatives of the family residing on the property if the temporary dwelling unit will be used because of a medical problem requiring the use of such a unit. The existence of a medical problem that requires the patient to reside on the same site as his or her relatives shall be supported by the certificate of a medical doctor. The permit shall not exceed one year and may only be renewed with another certificate from a medical doctor.
2. The temporary dwelling unit may be a manufactured dwelling, manufactured home, manufactured structure, or mobile home as defined in BDC Chapter 1.2. No permanent structure or foundation shall be established for the medical hardship housing. Recreational vehicles and trailers are prohibited.
3. The applicant shall obtain required temporary permits for electrical, water and other services as appropriate before the temporary dwelling unit is occupied.
4. All locational standards for structures in the applicable zoning district shall be met (e.g., setbacks, height and lot coverage).
5. The medical hardship housing and all utility connections shall be removed no later than 90 days after the expiration of the permit.
G. Temporary Carnivals, Fairs, Parking Lot Sales and Warehouse Sales. Temporary carnivals, fairs, parking lot sales and retail sales from a warehouse are permitted on developed commercial, industrial and public facility sites for a maximum of 14 days each calendar year. No permit is necessary; however, the following standards must be met:
1. The vision clearance standards of BDC Chapter 3.1 are maintained and public rights-of-way are not obstructed; and
2. Vehicle ingress and egress locations meet the access standards of BDC Chapter 3.1.
H. Temporary Shelters. Temporary shelters must be a group shelter, multi-room, or outdoor shelter. A development application is not required. Temporary shelters must comply with the following standards and with the standards in BDC 3.6.600 unless superseded by this subsection:
1. Temporary shelters are permitted in the following zones:
a. Residential zones on a lot or parcel with a permitted public or institutional use.
b. Commercial, Mixed-Use and Public Facilities Zones.
c. Light Industrial (IL) District.
2. Temporary shelters must not exceed a period of 180 days. The temporary use may only be extended by an emergency declaration by the City Manager.
3. Good Neighbor Guidelines. The owner or shelter operator of a shelter site must develop good neighbor guidelines and provide them to the shelter clients by incorporating the guidelines into a management agreement between the operator and the shelter clients. Good neighbor guidelines must include, at a minimum, items addressing rules for shelter use, facility operations and maintenance, safety and security provisions. Outreach and communication to the following must be provided for each shelter facility prior to occupancy:
a. Adjacent neighbors; and
b. Designated land use chair of the neighborhood association recognized by the City of Bend within which the shelter is located.
4. The applicant must obtain required permits for electrical, water and other services before the shelter is occupied.
5. The temporary shelter will not impede the normal use of driveways or circulation aisles.
6. There is no minimum off-street parking requirement or design standards for temporary shelters.
7. Driveway approaches and sidewalks are not required for temporary shelters.
8. Any associated structures for the temporary shelter and any mobile units and utility connections must be removed no later than 30 days after the expiration of the temporary use.
9. The temporary shelter must be connected to sewer, or if mobile units such as trailers or recreational vehicles or portable toilet facilities are used, the units must have operable waste storage tank and a contract for pumping or dumping for the duration of the temporary use or the unit must be drivable or towable such that the holding tanks are able to be emptied off site.
10. Any dumping of waste onto the ground or into the right-of-way is grounds for the City to cause immediate cessation of the temporary use.
11. Temporary group shelters, outdoor shelters and multi-room shelters may be located on the same site, provided the standards of this subsection can be met and the standards for the corresponding zoning district can be met.
12. The Planning Director or designee may visit and inspect the site of a temporary shelter in accordance with this chapter periodically to ensure compliance with all applicable regulations, with reasonable notice. In addition to any other remedy available to the City, the Municipal Court Judge has the authority to issue warrants allowing the City to enter the property and abate the violation or continued use after an order to cease operations, including but not limited to towing or removing the temporary shelter or any related facilities.
13. Code violations may be processed in accordance with BDC Chapter 1.3, Enforcement, or may make the temporary use subject to immediate cessation. [Ord. NS-2462, 2023; Ord. NS-2443, 2022; Ord. NS-2443, 2022; Ord. NS-2404, 2021; Ord. NS-2303, 2018; Ord. NS-2183, 2012; Ord. NS-2107, 2008; Ord. NS-2016, 2006]