Temporary Uses and Structures
(a)
A special event permit shall be required for a special event in any of the following zone districts, other than public civic and cultural events on City-owned property authorized by the City Council: B-1, B-2, B-3, B-4, MC, TC, LI, A or O.
(b)
A special event using a tent shall also require a tent permit, pursuant to Section 16-24-20.
(c)
A special event shall last no longer than three (3) consecutive days; provided that, if a tent is being used, one (1) additional day shall be allowed to erect the tent and one (1) additional day shall be allowed to dismantle the tent.
(Ord. 32 §1, 2011)
(a)
Except as otherwise provided in this Section, no tent shall be erected in the City without a tent permit.
(b)
Exceptions.
(1)
Tents may be erected by the City without a tent permit in any zone district, on public property or on private property with the consent of the property owner, for public civic and cultural events on City-owned property and authorized by the City Council, for any length of time.
(2)
Tents may be erected without a tent permit in the following zone districts: R-2.5, R-2.0, R-1.5, R-1.0, R-0.5, R-0.25, R-0.1 and R-0.05.
(c)
Time. Tents may be erected for no more than three (3) consecutive days, on no more than four (4) occasions in a calendar year. One (1) additional day shall be allowed to erect the tent and one (1) additional day shall be allowed to dismantle the tent. Notwithstanding the foregoing, a tent may remain erected for longer than three (3) consecutive days in compliance with all of the following requirements:
(1)
No sale, stocking or display of merchandise shall be allowed in the tent.
(2)
The tent shall be designed so as to minimize the visual impact to adjacent properties.
(3)
In addition to the parking spaces otherwise required on the site, sufficient vehicle parking spaces for the tent shall be provided either on-site or off-site.
(4)
The tent may remain erected for no longer than the time frame stated in the permit, which shall not be longer than ninety (90) days. After the expiration of the ninety-day period, the permittee may request an extension of time, which may only be approved by the City Council. The City Council may determine the length of the extension and may place reasonable conditions on the extension.
(d)
General requirements. All tents shall comply with the following:
(1)
Appearance. The tent shall be of a high quality appearance and shall be clean and free from defects.
(2)
Size. The size of the tent shall be limited by applicable setbacks, parking requirements and potential impacts on adjacent properties.
(3)
Height. The maximum height of a tent shall not exceed the maximum height for principal buildings in the underlying zone district or as stated on the MDP, SDP, PUD plan, or SUP for the property.
(4)
Access. The seating and contents of the tent shall be arranged to provide for appropriate access to and egress from the tent. Egress points shall not be blocked. Roping or guying supporting the tent shall be designated by appropriate warning signs or devices.
(5)
Fire code. The tent shall comply with applicable fire codes and be approved by the South Metro Fire Rescue Authority.
(6)
Security. Tents and their contents shall be secured during the night hours.
(7)
Traffic. Tents shall be placed so as not to impede or diminish on-site traffic circulation.
(8)
Setbacks. Appropriate setbacks for each tent shall be established by the Director at the time of permitting and shall be stated on the permit.
(9)
Certificate of occupancy. A certificate of occupancy shall be required for every tent and, prior to the issuance of a certificate of occupancy, all temporary electrical wiring used in the tent shall be approved by the State Electrical Inspector.
(e)
Emergencies. As deemed appropriate by the Director, tents may be erected without a tent permit for emergency purposes or for the coordination and conduct of emergency activities.
(Prior code 15.80.010; Ord. 32 §1, 2011)
(a)
Location.
(1)
Mobile food service is permitted in all zone districts with a mobile food service permit, provided that a mobile food service permit shall be valid for one (1) location only.
(2)
Mobile food service shall be conducted more than three hundred (300) feet from any property zoned R-2.5, R-2.0, R-1.5, R-1.0, R-0.75, R-0.5, R-0.25, R-0.1 or R-0.05 used for a school.
(3)
No mobile food service shall be located so as to obstruct a public sidewalk or the traveled portion of the public right-of-way.
(4)
No mobile food service shall operate from a public parking space adjacent to any public street.
(b)
Expiration. A mobile food service permit shall be valid through December 31 of the year in which it was issued.
(c)
Litter. The permittee shall remove any litter which is deposited by any person within twenty-five (25) feet of the location designated on the permit, and the permittee shall carry a suitable container for the placement of such litter.
(Prior code 15.42.512, 15.42.513; Ord. 32 §1, 2011; Ord. 34 §2, 2012)
(a)
Prohibition. Except as otherwise provided in this Section or in an approved MDP, SDP, or PUD plan, no person shall store, sell or display any items, goods, merchandise, seasonal merchandise or personal property, nor shall any owner or proprietor allow or maintain an outdoor dining or eating area, outdoors.
(b)
Exceptions.
(1)
Nothing in this Section shall prohibit garage or yard sales in the following zone districts, subject to all applicable rules and regulations: TC, R-2.5, R-2.0, R-1.5, R-1.0, R-0.75, R-0.5, R-0.25, R-0.1 and R-0.05.
(2)
The outdoor storage and display of vehicles or equipment for sale, lease or rent on paved areas which do not constitute open space, by commercial entities regularly engaged in the business of the sale, lease or rental of such vehicles or equipment in accordance with all applicable regulations of this Chapter, is allowed without a permit.
(3)
Twenty-pound propane tanks may be stored outside without a permit, provided that:
a.
The tanks are stored in a locked storage container;
b.
There is not more than one (1) storage container per business establishment;
c.
The storage container does not exceed fifty (50) cubic feet in area or six (6) feet in height, complies with all applicable fire and safety codes, is painted a color similar to the principal building and is located to allow at least three (3) feet of clearance for pedestrian traffic; and
d.
Sign area on the storage container is limited to one (1) square foot.
(4)
Retail merchandise may be stored outside without a permit, provided that:
a.
The display consists of single items representative of stock stored and sold indoors and there are no racks or collections of multiple and similar items, such as racks of clothes, bicycles or books;
b.
All items are placed indoors at the close of business each day;
c.
The display is limited to twenty (20) square feet in area; and
d.
The display does not impede vehicular or pedestrian traffic, and the width of clear space for pedestrians is at least three (3) feet.
(5)
Outdoor sales by charitable organizations are permitted without a permit if written documentation of charitable status and written permission of the property owner are provided to the Director prior to the outdoor sale.
(c)
Permit required.
(1)
The following activities are permitted on developed properties within the B-2, B-3, B-4, MC and TC Districts with a permit issued pursuant to this Subsection:
a.
Outdoor display, sales and storage activities;
b.
Establishment and use of an outdoor eating area;
c.
Display and sale of seasonal merchandise; and
d.
Use of semi-trailers or similar containers for temporary storage of seasonal merchandise.
(2)
The Director shall establish application procedures for the issuance of a permit and regulations governing the activities subject to a permit. If the Director finds that the permit application complies with such regulations, the Director shall issue a permit for such activities for a period not to exceed one (1) year.
(3)
A permit shall be subject to the following conditions:
a.
Display and sale of seasonal merchandise shall be limited to a period of twenty-six (26) weeks during any calendar year, which twenty-six (26) weeks may be utilized continuously or in intervals.
b.
Sidewalk sales may be held by any individual retail establishment on a maximum of four (4) separate occasions per calendar year, with each separate occasion extending for a period not to exceed three (3) consecutive days. A sidewalk sale shall be conducted only by the retail establishment located on the property and shall only include merchandise that is regularly offered for sale inside that retail establishment.
c.
An unobstructed portion of sidewalk measuring not less than six (6) feet shall be continuously maintained for pedestrian access and no point of access or egress from any property or any individual unit within any property shall be blocked at any time.
(4)
A permit authorizing the use of semi-trailers or similar containers for temporary storage of seasonal merchandise shall be subject to the following conditions:
a.
Use of semi-trailers or similar containers shall be limited to single retail establishments having not less than one hundred thousand (100,000) square feet of gross floor area;
b.
The maximum number of semi-trailers or similar containers shall be four (4).
c.
Semi-trailers or similar containers shall be located behind or on the side of the principal building in a location that minimizes visual impact on adjacent properties and public rights-of-way.
d.
Use of semi-trailers or similar containers shall be in conjunction with the sale of seasonal merchandise for a period not to exceed eighteen (18) weeks.
e.
Semi-trailers or similar containers shall not be parked or placed on the site on a continuing basis and shall not interfere with the normal loading and unloading of merchandise.
(5)
Christmas tree sales. Christmas tree sales are permitted with a permit issued pursuant to this Section on vacant lots in the B-1, B-2, B-3, B-4 and MC Districts from the fourth Thursday in November through December 31 of the same year.
(Prior code 15.42.500, 15.42.510; Ord. 32 §1, 2011)
(a)
No seasonal outdoor dining structure shall be erected in the City without a permit.
(b)
Seasonal outdoor dining structures may only be erected from October 1 through May 1.
(c)
General requirements.
(1)
Only seasonal outdoor dining structures depicted in the Seasonal Outdoor Structures Guidelines, adopted by resolution of the City Council and on file with the Director, are allowed.
(2)
Seasonal outdoor dining structures shall be kept clean, in good repair, and free from defects and visible repairs.
(3)
Seasonal outdoor dining structures are only allowed on private property. If the applicant is other than the owner, proof of property owner(s) permission is required.
(4)
Season outdoor dining structures are not allowed in parking lots or on sidewalks.
(5)
A permit for seasonal outdoor dining structures must be applied for annually.
(6)
Season outdoor dining structures must comply with applicable fire codes and be approved by the South Metro Fire Rescue Authority. Any temporary electrical wiring used in the tent shall be approved by the State Electrical Inspector.
(Ord. 02, § 2, 2024)
Temporary Uses and Structures
(a)
A special event permit shall be required for a special event in any of the following zone districts, other than public civic and cultural events on City-owned property authorized by the City Council: B-1, B-2, B-3, B-4, MC, TC, LI, A or O.
(b)
A special event using a tent shall also require a tent permit, pursuant to Section 16-24-20.
(c)
A special event shall last no longer than three (3) consecutive days; provided that, if a tent is being used, one (1) additional day shall be allowed to erect the tent and one (1) additional day shall be allowed to dismantle the tent.
(Ord. 32 §1, 2011)
(a)
Except as otherwise provided in this Section, no tent shall be erected in the City without a tent permit.
(b)
Exceptions.
(1)
Tents may be erected by the City without a tent permit in any zone district, on public property or on private property with the consent of the property owner, for public civic and cultural events on City-owned property and authorized by the City Council, for any length of time.
(2)
Tents may be erected without a tent permit in the following zone districts: R-2.5, R-2.0, R-1.5, R-1.0, R-0.5, R-0.25, R-0.1 and R-0.05.
(c)
Time. Tents may be erected for no more than three (3) consecutive days, on no more than four (4) occasions in a calendar year. One (1) additional day shall be allowed to erect the tent and one (1) additional day shall be allowed to dismantle the tent. Notwithstanding the foregoing, a tent may remain erected for longer than three (3) consecutive days in compliance with all of the following requirements:
(1)
No sale, stocking or display of merchandise shall be allowed in the tent.
(2)
The tent shall be designed so as to minimize the visual impact to adjacent properties.
(3)
In addition to the parking spaces otherwise required on the site, sufficient vehicle parking spaces for the tent shall be provided either on-site or off-site.
(4)
The tent may remain erected for no longer than the time frame stated in the permit, which shall not be longer than ninety (90) days. After the expiration of the ninety-day period, the permittee may request an extension of time, which may only be approved by the City Council. The City Council may determine the length of the extension and may place reasonable conditions on the extension.
(d)
General requirements. All tents shall comply with the following:
(1)
Appearance. The tent shall be of a high quality appearance and shall be clean and free from defects.
(2)
Size. The size of the tent shall be limited by applicable setbacks, parking requirements and potential impacts on adjacent properties.
(3)
Height. The maximum height of a tent shall not exceed the maximum height for principal buildings in the underlying zone district or as stated on the MDP, SDP, PUD plan, or SUP for the property.
(4)
Access. The seating and contents of the tent shall be arranged to provide for appropriate access to and egress from the tent. Egress points shall not be blocked. Roping or guying supporting the tent shall be designated by appropriate warning signs or devices.
(5)
Fire code. The tent shall comply with applicable fire codes and be approved by the South Metro Fire Rescue Authority.
(6)
Security. Tents and their contents shall be secured during the night hours.
(7)
Traffic. Tents shall be placed so as not to impede or diminish on-site traffic circulation.
(8)
Setbacks. Appropriate setbacks for each tent shall be established by the Director at the time of permitting and shall be stated on the permit.
(9)
Certificate of occupancy. A certificate of occupancy shall be required for every tent and, prior to the issuance of a certificate of occupancy, all temporary electrical wiring used in the tent shall be approved by the State Electrical Inspector.
(e)
Emergencies. As deemed appropriate by the Director, tents may be erected without a tent permit for emergency purposes or for the coordination and conduct of emergency activities.
(Prior code 15.80.010; Ord. 32 §1, 2011)
(a)
Location.
(1)
Mobile food service is permitted in all zone districts with a mobile food service permit, provided that a mobile food service permit shall be valid for one (1) location only.
(2)
Mobile food service shall be conducted more than three hundred (300) feet from any property zoned R-2.5, R-2.0, R-1.5, R-1.0, R-0.75, R-0.5, R-0.25, R-0.1 or R-0.05 used for a school.
(3)
No mobile food service shall be located so as to obstruct a public sidewalk or the traveled portion of the public right-of-way.
(4)
No mobile food service shall operate from a public parking space adjacent to any public street.
(b)
Expiration. A mobile food service permit shall be valid through December 31 of the year in which it was issued.
(c)
Litter. The permittee shall remove any litter which is deposited by any person within twenty-five (25) feet of the location designated on the permit, and the permittee shall carry a suitable container for the placement of such litter.
(Prior code 15.42.512, 15.42.513; Ord. 32 §1, 2011; Ord. 34 §2, 2012)
(a)
Prohibition. Except as otherwise provided in this Section or in an approved MDP, SDP, or PUD plan, no person shall store, sell or display any items, goods, merchandise, seasonal merchandise or personal property, nor shall any owner or proprietor allow or maintain an outdoor dining or eating area, outdoors.
(b)
Exceptions.
(1)
Nothing in this Section shall prohibit garage or yard sales in the following zone districts, subject to all applicable rules and regulations: TC, R-2.5, R-2.0, R-1.5, R-1.0, R-0.75, R-0.5, R-0.25, R-0.1 and R-0.05.
(2)
The outdoor storage and display of vehicles or equipment for sale, lease or rent on paved areas which do not constitute open space, by commercial entities regularly engaged in the business of the sale, lease or rental of such vehicles or equipment in accordance with all applicable regulations of this Chapter, is allowed without a permit.
(3)
Twenty-pound propane tanks may be stored outside without a permit, provided that:
a.
The tanks are stored in a locked storage container;
b.
There is not more than one (1) storage container per business establishment;
c.
The storage container does not exceed fifty (50) cubic feet in area or six (6) feet in height, complies with all applicable fire and safety codes, is painted a color similar to the principal building and is located to allow at least three (3) feet of clearance for pedestrian traffic; and
d.
Sign area on the storage container is limited to one (1) square foot.
(4)
Retail merchandise may be stored outside without a permit, provided that:
a.
The display consists of single items representative of stock stored and sold indoors and there are no racks or collections of multiple and similar items, such as racks of clothes, bicycles or books;
b.
All items are placed indoors at the close of business each day;
c.
The display is limited to twenty (20) square feet in area; and
d.
The display does not impede vehicular or pedestrian traffic, and the width of clear space for pedestrians is at least three (3) feet.
(5)
Outdoor sales by charitable organizations are permitted without a permit if written documentation of charitable status and written permission of the property owner are provided to the Director prior to the outdoor sale.
(c)
Permit required.
(1)
The following activities are permitted on developed properties within the B-2, B-3, B-4, MC and TC Districts with a permit issued pursuant to this Subsection:
a.
Outdoor display, sales and storage activities;
b.
Establishment and use of an outdoor eating area;
c.
Display and sale of seasonal merchandise; and
d.
Use of semi-trailers or similar containers for temporary storage of seasonal merchandise.
(2)
The Director shall establish application procedures for the issuance of a permit and regulations governing the activities subject to a permit. If the Director finds that the permit application complies with such regulations, the Director shall issue a permit for such activities for a period not to exceed one (1) year.
(3)
A permit shall be subject to the following conditions:
a.
Display and sale of seasonal merchandise shall be limited to a period of twenty-six (26) weeks during any calendar year, which twenty-six (26) weeks may be utilized continuously or in intervals.
b.
Sidewalk sales may be held by any individual retail establishment on a maximum of four (4) separate occasions per calendar year, with each separate occasion extending for a period not to exceed three (3) consecutive days. A sidewalk sale shall be conducted only by the retail establishment located on the property and shall only include merchandise that is regularly offered for sale inside that retail establishment.
c.
An unobstructed portion of sidewalk measuring not less than six (6) feet shall be continuously maintained for pedestrian access and no point of access or egress from any property or any individual unit within any property shall be blocked at any time.
(4)
A permit authorizing the use of semi-trailers or similar containers for temporary storage of seasonal merchandise shall be subject to the following conditions:
a.
Use of semi-trailers or similar containers shall be limited to single retail establishments having not less than one hundred thousand (100,000) square feet of gross floor area;
b.
The maximum number of semi-trailers or similar containers shall be four (4).
c.
Semi-trailers or similar containers shall be located behind or on the side of the principal building in a location that minimizes visual impact on adjacent properties and public rights-of-way.
d.
Use of semi-trailers or similar containers shall be in conjunction with the sale of seasonal merchandise for a period not to exceed eighteen (18) weeks.
e.
Semi-trailers or similar containers shall not be parked or placed on the site on a continuing basis and shall not interfere with the normal loading and unloading of merchandise.
(5)
Christmas tree sales. Christmas tree sales are permitted with a permit issued pursuant to this Section on vacant lots in the B-1, B-2, B-3, B-4 and MC Districts from the fourth Thursday in November through December 31 of the same year.
(Prior code 15.42.500, 15.42.510; Ord. 32 §1, 2011)
(a)
No seasonal outdoor dining structure shall be erected in the City without a permit.
(b)
Seasonal outdoor dining structures may only be erected from October 1 through May 1.
(c)
General requirements.
(1)
Only seasonal outdoor dining structures depicted in the Seasonal Outdoor Structures Guidelines, adopted by resolution of the City Council and on file with the Director, are allowed.
(2)
Seasonal outdoor dining structures shall be kept clean, in good repair, and free from defects and visible repairs.
(3)
Seasonal outdoor dining structures are only allowed on private property. If the applicant is other than the owner, proof of property owner(s) permission is required.
(4)
Season outdoor dining structures are not allowed in parking lots or on sidewalks.
(5)
A permit for seasonal outdoor dining structures must be applied for annually.
(6)
Season outdoor dining structures must comply with applicable fire codes and be approved by the South Metro Fire Rescue Authority. Any temporary electrical wiring used in the tent shall be approved by the State Electrical Inspector.
(Ord. 02, § 2, 2024)