A.

Generally. Prior to establishment, all temporary uses except for garage sales shall obtain a temporary use permit from the City. The requirements listed in this section are intended to address land-use related issues. As such, the City Commission may adopt additional requirements relating to the permitting process, hours of operation, specific use requirements, hold harmless provisions, insurance, and others appropriate to the temporary use. At its discretion, the City may develop a single application for all temporary uses or develop an application for each use. No temporary use included in this chapter may be allowed until the City has developed an appropriate application and supplemental requirements.

(Ord. 2950, 2007)

B.

Imposition of conditions. Through the licensing/permitting process, the City may impose additional conditions to ensure that a temporary use does not negatively affect surrounding properties or the public health, safety, or welfare.

C.

Transfer. Permits issued by the City are not transferable to another person without the prior written consent of the entity issuing the authorization.

D.

Temporary uses. Temporary uses are allowed during a specified time period. When the permit expires, all rights conferred to the permit holder expire as well. The City is under no obligation to reissue a permit.

A.

Generally. A temporary use permit from the City is not required for this temporary use.

(Ord. 2950, 2007)

B.

Frequency and duration. Sales are intended to be conducted no more than twice during a calendar year, for a period of not more than three (3) consecutive days per occurrence.

(Ord. 2950, 2007)

A.

Time limits. Itinerant outdoor sales shall observe the following time limitations:

1.

Christmas trees November 15 through December 25

2.

Fireworks July 2 through July 4

3.

Other No more than five (5) days in a month on a given parcel of land or more than twenty (20) in a year

B.

Removal and clean up. All features associated with the sale shall be removed within forty-eight (48) hours following the termination of the sale.

C.

Access. The premises hosting the itinerant outdoor sale shall have direct access to a collector street or a higher street classification.

(Ord. No. 3056, § 1, 8-17-2010)

A.

Time limits. A construction office shall be removed within two (2) weeks after the issuance of the last occupancy permit for the building under construction.

B.

Limitation on use. The use of the office shall be limited to construction management activities associated with the construction activities occurring on the parcel on which it is located.

C.

Location. On-site construction offices shall be placed in a reasonable location to limit the impact to adjoining property owners.

A.

When allowed. An on-site real estate office may be established when the project is developed by a single developer and the project has more than seventy-five (75) dwelling units available for sale in the first two (2) phases.

B.

Appearance. The building that houses the sales office shall be of the same type and character as the dwelling units being offered for sale within the development.

C.

Time limits. The office shall be closed when eighty (80) percent of the dwelling units of the entire development have been sold.

D.

Limitation on use. The sales office is intended to facilitate the sale of residential housing occurring within the development in which it occurs and off-site sales activity shall be clearly incidental. The sales staff shall be limited to two (2) licensed realtors and one (1) support staff.

A.

Generally. The provisions of this section provide the opportunity for restaurants in identified areas of the City to use adjoining public sidewalks and other public rights-of-way (not to include those controlled by the State of Montana) for the purpose of providing outdoor seating.

B.

Purpose. The provisions of this section are intended to accomplish the following purposes:

1.

Enhance the pedestrian ambiance of the City by promoting additional activity on City sidewalks and visual interest.

2.

Enhance the appropriate use of existing public spaces.

3.

Increase economic activity in the area.

C.

Location. A sidewalk café shall be located directly in front of the restaurant with which it is associated and it shall be operated solely in conjunction with such restaurant.

D.

Obstructions. A sidewalk café may not interfere with any public service facilities located within the street right-of-way, including public telephones, mailboxes, public signs, public benches, public art, public fountains, and bus stops. In addition, a sidewalk café may not interfere with fire escapes, drop ladders, building access points, and other points of normal or emergency access.

E.

Pedestrian movement. No portion of the sidewalk café may impede pedestrian movement. Generally, a four-foot wide unobstructed walkway allows adequate pedestrian movement.

F.

Planters. Planters may be used as a visual amenity and to frame off the space allocated for the sidewalk café. The size of plant materials shall be compatible in scale with the immediate area. Hanging planters are not permitted.

G.

Lighting. Lighting shall be limited to table top lamps of low intensity. The Director of Planning and Community Development may allow additional lighting to provide appropriate levels for safety.

H.

Furnishings. All furnishings shall fit the character of a public streetscape. Umbrellas over each table may be permitted if it does not create an obstruction.

I.

Floor covering. A floor covering may not be used in the sidewalk café.

J.

Tables. Round tables may not exceed thirty-six (36) inches in diameter and square tables may not exceed thirty-six (36) inches in width.

K.

Food preparation. All food shall be prepared within the restaurant.

(Ord. No. 3056, § 1, 8-17-2010)

A.

Vendor cart requirements. Vendor carts shall be wheeled and mobile so that one (1) individual can move and maneuver the cart along the sidewalk, but not motorized. Vendor carts, including all appurtenances, shall not be larger than thirty-six (36) inches wide, seventy-two (72) inches long, and eighty-four (84) inches high.

B.

Generally. Vendor carts shall be located upon the sidewalk while in operation. When not in operation, vendor carts shall be stored on private property consistent with the remainder of this Title.

C.

Limitations on location. No vendor shall be located:

1.

Within two hundred fifty (250) feet of any premises selling the same commodity, unless the vendor is associated with said premises,

2.

Within one hundred (100) feet of another vendor, or

3.

Within fifteen (15) feet of a street intersection.

D.

Trash and litter. Vendors shall be responsible for maintaining the area around the cart in a neat, clean appearance. Vendors shall provide a trash receptacle and dispose of the refuse at an off-site location (not in public waste receptacles).

E.

Posting of permits/licenses. All permits/license necessary to operate the vendor cart shall be posted on the cart in plain view.

(Ord. No. 3056, § 1, 8-17-2010)