Temporary retail sales uses and structures, except flea markets, are allowed in the I-1, I-2, I-3, B-1 and B-2 zone districts upon approval by the city manager or his or her designee.

(Ord. 768 §1, 1988; Ord. 1682 §4, 2002; Ord. 1930 §1, 2010)

The application shall be submitted in written and graphic form and shall include the following items:

(A)

Name, address, and telephone number of applicant;

(B)

Consent of the property owner for the uses and structures proposed;

(C)

A plan of the property to be occupied which shows the location of existing and proposed structures, access, and parking;

(D)

Written description of proposed business operation;

(E)

Written or graphic description of proposed structures including size, materials, and signs; and

(F)

For food sales, evidence of health department approval.

(Ord. 768 §1, 1988)

If the city manager or his or her designee finds that all of the following conditions are met, approval should be given for the temporary use:

(A)

The applicant must have all licenses and permits required by title 15, B.M.C.

(B)

The applicant must have a sales tax license.

(C)

The proposed use must be set back at least thirty feet from the curb of a public street and at least 150 feet from dwellings.

(D)

If located at a street corner or driveway entrance, the use shall not obstruct visibility of motorists.

(E)

Access to public streets must be limited to existing driveways or as approved by the city engineer. If the use is located on property which abuts a state or federal highway, access shall be limited to existing driveways or new driveways approved by both the city engineer and the Colorado Department of Highways.

(F)

The proposed use and vehicle or structure shall have a neat appearance. Structures shall not be built out of used lumber or rusty metal.

(G)

Proposed lighting shall not glare onto adjoining properties or onto public streets.

(H)

Signage shall be limited to the walls or sides of a vehicle or structure or to a single freestanding sign which is not more than ten square feet in area per sign face. Signs specifically approved as part of a temporary retail sales use shall be exempt from the regulations of chapter 17-44, B.M.C.

(I)

Adequate off-street parking shall be provided for employees and customers so as not to reduce required parking for adjoining businesses or interfere with the flow of traffic. Parking for temporary uses approved under this chapter need not be paved.

(J)

Food service uses shall provide functional, attractive, and adequate trash containers.

(Ord. 768 §1, 1988)

A temporary use permit shall be valid for a maximum time period of ten calendar days. The permit may be renewed up to three times in any twelve-month period. The following uses may be granted permits for longer time periods, but may not be renewed:

(A)

The use and any associated structures shall be maintained at all times in a clean and neat condition. Deteriorated and shabby structures are prohibited.

(B)

Parking shall be limited to areas shown on the approved application.

(C)

Trash and rubbish resulting from the use shall be completely contained on the approved site and shall be disposed of daily.

(Ord. 768 §1, 1988)