The purpose of this chapter is to accommodate certain land uses which are temporary in nature and are not permitted or conditional uses in the zone where the temporary use is proposed. The character of such uses requires proper conditions to protect the owners, occupants, and users of adjacent property.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

The provisions of this chapter shall apply to the temporary uses enumerated herein. Any building or structure not conforming to the requirements of this chapter shall be deemed a permanent use and shall be allowed only if such use is a permitted or conditional use in the zone where the use is located. The requirements of this chapter shall not be construed to prohibit or limit other applicable provisions of this title, this Code, and other laws. This chapter shall not apply to activities lawfully conducted by a government agency.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

A.

Uses allowed. Any person may sponsor or conduct for profit or nonprofit purposes the temporary uses set forth below subject to the issuance of a temporary use permit, unless under express provisions of this chapter no such permit is required:

Auction.

Christmas tree sales.

Farmers' market.

Fireworks stand.

Garage/yard sale.

Motorized vehicle sales by a licensed dealer.

Produce stand.

Sales office for manufactured/mobile homes or recreational vehicles, when allowed by the zone where the office is located.

Sales office for the sale of dwellings in a subdivision or other residential project.

Temporary construction field office or place of business while a permanent building is under construction on the same site.

Temporary dwelling, subject to the standards set forth in section 10-43-4 of this title.

Temporary retail sales.

B.

Temporary use permit required. Unless exempt under the provisions of subsection C of this section, no person shall install or conduct any temporary use without obtaining a temporary use permit issued pursuant to the requirements of section 10-7-16 of this title and the development standards of this chapter.

C.

Exemption. No temporary use permit shall be required for the first or second garage/yard sale conducted on a lot or parcel during a calendar year.

(Ord. 2013-10, 10-3-2013)

The development standards set forth in this section shall apply to any temporary use.

A.

Accessory use. As determined by the Zoning Administrator, a temporary use shall be:

1.

An accessory use in the zone where the use is proposed to be located; or

2.

Compatible, in terms of character and intensity of use, with permitted or conditional uses allowed in such zone.

B.

Owner approval. The owner of the property where a temporary use is proposed shall provide a written statement authorizing the use.

C.

Access. Specific areas shall be designated for ingress and egress of vehicular traffic and for patron admission, ensuring the safety of patrons, the exclusion of persons not entitled to entry, and the enforcement of state and local laws and ordinances. The adequacy of such areas shall be based upon the number of patrons reasonably expected to attend the temporary use.

D.

Insurance. When deemed necessary by the Zoning Administrator for public health and safety reasons, a temporary use permit applicant shall provide liability insurance for benefit of the City. Such insurance shall:

1.

Name the City as an insured.

2.

Hold the City harmless from any claim arising from personal injury or property damage resulting from the temporary use.

3.

Provide that the insurance shall not be canceled prior to giving the City at least ten days' written notice of such cancellation.

E.

Parking. Off street parking associated with the principal permitted or conditional use on the lot where the temporary use is located shall be made available for the temporary use.

F.

Time limits. The duration of temporary use permits shall be as follows:

1.

Auctions; garage/yard sales. Three days (not more than four per year).

2.

Temporary retail sales. Ten days per calendar year on a given lot or parcel.

3.

Fireworks stand. Thirty days.

4.

Christmas tree sales; motorized vehicle sales by a licensed dealer. Sixty days.

5.

Produce stand; farmers' market. Ninety days.

6.

Temporary construction or model home office. For the duration of construction activity so long as construction is diligently pursued and the offices are located on the property under construction or development.

7.

Temporary dwelling. Six months; provided the City Council may grant one six-month extension for good cause if such extension is requested before the expiration of the original permit.

G.

Trash removal. All trash shall be removed and the temporary use site restored to its prior condition within seven days after the temporary use has been concluded. In the case of temporary placement of a recreational vehicle for an immediate family member, occupant of the single-family residence and/or property owner shall be responsible for compliance with this subsection.

H.

Inspections. Authorized law enforcement officers, zoning enforcement officers, fire control officers, and other governmental personnel shall be permitted free access to the temporary use to make inspections to ensure compliance with the provisions of this section.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2009-13, 10-1-2009; Ord. 2013-10, 10-3-2013)