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Boulder City Zoning Code

TEMPORARY USES

§ 153.170 PURPOSE.

   (A)   The following regulations are provided to accommodate those uses that are identified as a temporary use in the Table of Uses.
   (B)   The character and nature of a temporary use shall be such that conditions may be required to protect adjacent properties and the general health, safety and welfare of citizens of the town.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 901)

§ 153.171 APPLICATIONS; ZONING ADMINISTRATOR AUTHORIZED TO RENDER TEMPORARY USE DECISIONS.

   (A)   All requests for a temporary use permit shall be made on the form provided by the town.
   (B)   The Zoning Administrator is authorized to render a final decision on the issuance of a temporary use permit upon a finding of compliance with all applicable requirements of this chapter, specifically including, but not limited to, the requirements of §§ 153.415 et seq. Approval of a temporary use permit may be subject to conditions, as provided in § 153.174.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 902; Ord. 2021-2, passed - -2021)

§ 153.172 ALLOWED TEMPORARY USES.

   The following uses and activities may be permitted by the Zoning Administrator with a finding that the temporary use will be conducted in compliance with all the requirements of this chapter:
   (A)   A use proposed to be established for a maximum period of one hundred twenty (120) days, such use being discontinued after the expiration of one hundred twenty (120) days.
   (B)   Special events, for a period not to exceed forty five (45) days, including;
      (1)   Fund-raising activities conducted by a registered non-profit organization.
      (2)   Organized events, educational, historic, religious and patriotic displays or exhibits, including concerts, athletic or recreational events, festivals, street fairs, arts and crafts fairs, and other organized events.
   (C)   Temporary housing in recreational vehicles in accordance with the provisions of sections 153.201, 153.175, and 153.176 is not subject to the time limit in § 153.172(A).
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 903; Ord. 15-1, passed 2-5-2015; Ord. 2021-2, passed - -2021; Ord. 2024-2, passed 9-5-2025)

§ 153.173 EXEMPTIONS.

   (A)   All family gatherings shall be exempt from the requirements of a temporary use permit and shall not require a temporary use permit.
   (B)   The following gatherings shall be exempt and shall not require a temporary use permit:
      (1)   Family gatherings;
      (2)   All gatherings under 20 people;
      (3)   Church sponsored gatherings;
      (4)   Government sponsored gatherings;
      (5)   School sponsored gatherings; and
      (6)   Private gatherings conducted on private property and not advertised for the general public.
   (C)   Any owner of real property, a family member, or guest may occupy an RV on the property for a period of two weeks in any calendar year without obtaining a permit or complying with the provisions for sewer and water as required above so long as:
      (1)   The RV does not discharge any effluent onto the owner’s land or other lands; and
      (2)   The two-week exemption is utilized by the property owners, the owner’s family or other unpaid guests strictly on a non-commercial basis.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 904; Ord. 15-1, passed 2-5-2015; Ord. 2023-1, passed 12-7-2023; Ord. 2024-2, passed 9-5-2025)

§ 153.174 CONDITIONS MAY BE IMPOSED.

The Zoning Administrator may condition approval of a temporary use permit on:
   (A)    Submission and approval of a parking plan that shows how adequate parking for the proposed temporary use will be provided using existing parking areas and/or temporary parking areas that have safe access from a public road and will be properly managed to avoid creating traffic congestion, dust, and other nuisances; and/or
   (B)   Submission and approval of a solid waste management plan showing in detail how solid waste generated by the proposed temporary use will be collected, stored, and removed; and/or
   (C)   Submission of a sanitation plan showing in detail how any need for restroom facilities generated by the proposed temporary use will be met; and/or
   (D)   Submission and approval of a plan that clearly shows how any signs associated with the temporary use will comply with the requirements of §§ 153.185 et seq.
   (E)   The Zoning Administrator may refer any application for a temporary use permit to the Planning Commission at any regular meeting. The power to approve the permit will remain with the Zoning Administrator. The purpose of such a referral will be to seek informal comments and recommendations.
(Ord. 2021-2, passed - -2021)

§ 153.175 TEMPORARY USE OF RV FOR LIVING PURPOSES DURING PERIOD OF CONSTRUCTION OF PERMANENT DWELLING.

   Any person or entity who has obtained all permits and complied with all requirements necessary for the construction of a permanent dwelling on a lot in the Town and who is in the process of constructing a permanent dwelling on such lot may obtain a Temporary Use Permit allowing the user to reside in an RV on the lot where the permanent dwelling is being constructed for a period of time concurrent with a valid building permit. The RV must be connected or have reasonable access to culinary water, and on-site wastewater disposal.
(Ord. 2024-2, passed 9-5-2025)

§ 153.176 TEMPORARY USE OF RECREATIONAL VEHICLES FOR EMPLOYEE HOUSING ON COMMERCIAL AND INSTITUTIONAL PROPERTY.

   (A)   Recreational Vehicles may be used to provide temporary, seasonal, or transitional employee housing on commercial and institutional properties under the following conditions.
      (1)   Such RVs must obtain a Temporary Use Permit.
      (2)   Such RVs must be connected to or have reasonable access to culinary water, on-site
wastewater disposal, and power.
      (3)   The primary occupant of the RV shall be a local worker.
      (4)   Nothing in this part is intended to or does create a private right of action against the Town, its agents, personnel, officials, or affiliates based upon compliance or noncompliance with its provisions.
      (5)   Authority to enforce compliance with this part is vested exclusively in the Boulder Town Council.
   (B)   For the purpose of applying § 153.176 institutional property includes land owned by Boulder Town, state agencies, and school districts.
(Ord. 2024-2, passed 9-5-2025)