49 - TEMPORARY USES AND STRUCTURES
Sections:
The definitions found in this chapter for temporary uses and structures shall be used to regulate same, and all uses contained in temporary structures shall be considered temporary uses and must comply with this section. All temporary uses or structures must also comply with the Uniform Fire Code, Laurel requirements for ingress and egress, and other applicable codes in existence at the time of the adoption of this chapter. This chapter shall not apply to sidewalk vendors.
(Ord. 96-5 (part), 1996)
A.
Group 1 Temporary Uses. This group consists of temporary uses of property continuing for less than forty-eight hours. Such uses are exempt from this chapter.
B.
Group 2 Temporary Uses. This group consists of temporary uses of property continuing for longer than forty-eight hours but less than thirty days.
1.
The following are examples of Group 2 temporary uses: carnivals, circuses, Christmas tree sales, etc.
2.
Supplemental Standards.
a.
Two signs not to exceed thirty-two square feet in area and eight feet in height shall be allowed, excluding A-frame signs, and be removed along with the temporary use/structure when the approved time limit or temporary use/structure permit has expired.
b.
Clear sight vision for ingress and egress shall be provided as approved by the public works department.
c.
Access to any public right-of-way must be approved by the public works department.
d.
Application for a temporary use/structure permit shall be made at the city public works department to the planning board at least one month ahead of the planning board's regularly scheduled meeting.
C.
Group 3 Temporary Uses. This group consists of temporary uses of property continuing for longer than thirty days but less than one year.
1.
The following temporary uses may be allowed in this group:
a.
Uses, such as carryout espresso stands, less than one hundred twenty square feet in floor area and bearing a certification of a factory built building from the state of Montana as allowed in the appropriate zoning districts.
2.
Location and Time Restrictions.
a.
Any Group 3 temporary use/structure existing upon adoption of this chapter shall be deemed a legal nonconforming use. All existing legal Group 3 nonconforming temporary uses/structures, as of the effective date of this chapter or any amendment hereto, shall be removed or become a permanent use by complying with the currently adopted Commercial Building Code, site development standards, and any other federal, state or local requirements within two years from the date of the enactment of this chapter or any amendment hereto.
b.
All Group 3 temporary use/structures shall be removed no later than one year unless reapplied for and approved.
3.
Supplemental Standards.
a.
Two signs not to exceed thirty-two square feet in area and eight feet in height shall be allowed, excluding A-frame signs, and shall be removed along with the temporary use when the approved time limit or temporary use/structure permit has expired.
b.
The temporary use must provide sufficient space to accommodate the structure and off-street parking for customer and use-related vehicles. The parking area, driving lanes, and egress/ingress shall be paved, drained and the site shall be approved by the public works department.
c.
Clear sight vision for site ingress and egress shall be provided as per currently adopted applicable codes and as approved by the public works department.
d.
Access to public right-of-way shall be approved by the public works department.
e.
Application for a temporary use/structure permit shall be made at the city public works department to the planning board at least one month ahead of the planning board's regularly scheduled meeting.
(Ord. 07-10 (part), 2007; Ord. 03-1 (part), 2003: Ord. 96-5 (part), 1996)
In any residential district and in the agricultural district, the temporary use of land for Christmas tree sales may be allowed for a period not to exceed thirty days when all of the following restrictions are met:
A.
The sale must be conducted on property owned by a nonprofit organization unless otherwise approved by city staff. The lot must provide sufficient space to accommodate the Christmas trees and off-street parking for customer and other sale-related vehicles.
B.
One sign not to exceed thirty-two square feet in area shall be allowed for this temporary use, and such sign shall be removed along with the temporary use and structure when the approved time limit or temporary use/structure permit has expired.
C.
A business license must be obtained by the operator if located within the Laurel city limits.
(Ord. 07-10 (part), 2007; Ord. 96-5 (part), 1996)
The sale of flowers or produce at temporary stands shall be allowed when all of the following restrictions are met:
A.
Only items produced on the premises may be sold on the premises;
B.
Any structure used must be portable and removed after the temporary use/structure ceases to operate;
C.
One sign not to exceed thirty-two square feet in area shall be allowed, and such sign shall be removed when the use ceases;
D.
The use must provide sufficient space to accommodate the stand and off-street parking for customer and other sale-related vehicles off the public right-of-way; and
E.
Clear vision ingress and egress to the area must be provided.
(Ord. 07-10 (part), 2007: Ord. 96-5 (part), 1996)
The erection of temporary fireworks stands may be permitted if such meet the following standards:
A.
Located outside the city limits of Laurel and in nonresidential zones;
B.
Two signs not to exceed thirty-two square feet in area each are allowed, and such signs must be removed along with the temporary use and structure when the approved time limit expires;
C.
The stand must provide sufficient space to accommodate the stand and off-street parking for customer and sale-related vehicles off the public right-of-way; and
D.
The appropriate permits are secured from and fees are paid to county departments and the local jurisdictional fire department.
(Ord. 07-10 (part), 2007; Ord. 96-5 (part), 1996)
The temporary use of buildings or modular offices or equipment sheds during construction projects may be permitted in any zoning district. A temporary use/structure permit is not required if the structure is part of an approved construction project and used exclusively for the approved construction project it serves. Any such structure cannot be used for sleeping or living purposes and must be removed upon completion of the construction project.
(Ord. 07-10 (part), 2007: Ord. 96-5 (part), 1996)
All Group 2 and Group 3 temporary uses must conform to the currently adopted Sign Code. Before any Group 2 or Group 3 temporary use or structure is established, the property owner shall obtain a temporary use/structure permit, as delineated in this chapter. In addition, the property owner shall post a three thousand dollar money order or cashier's check or an equivalent bond with the city to ensure timely removal of the use and/or structure.
(Ord. 07-10 (part), 2007: Ord. 03-1 (part), 2003: Ord. 96-5 (part), 1996)
After the planning board has reviewed an application for temporary use, it shall make a recommendation to the city council to approve, deny or approve with conditions. The city council shall approve, deny or approve with conditions the application. If approved or if approved with conditions, the application shall then obtain a city business license prior to operating the business.
(Ord. 03-1 (part), 2003)
49 - TEMPORARY USES AND STRUCTURES
Sections:
The definitions found in this chapter for temporary uses and structures shall be used to regulate same, and all uses contained in temporary structures shall be considered temporary uses and must comply with this section. All temporary uses or structures must also comply with the Uniform Fire Code, Laurel requirements for ingress and egress, and other applicable codes in existence at the time of the adoption of this chapter. This chapter shall not apply to sidewalk vendors.
(Ord. 96-5 (part), 1996)
A.
Group 1 Temporary Uses. This group consists of temporary uses of property continuing for less than forty-eight hours. Such uses are exempt from this chapter.
B.
Group 2 Temporary Uses. This group consists of temporary uses of property continuing for longer than forty-eight hours but less than thirty days.
1.
The following are examples of Group 2 temporary uses: carnivals, circuses, Christmas tree sales, etc.
2.
Supplemental Standards.
a.
Two signs not to exceed thirty-two square feet in area and eight feet in height shall be allowed, excluding A-frame signs, and be removed along with the temporary use/structure when the approved time limit or temporary use/structure permit has expired.
b.
Clear sight vision for ingress and egress shall be provided as approved by the public works department.
c.
Access to any public right-of-way must be approved by the public works department.
d.
Application for a temporary use/structure permit shall be made at the city public works department to the planning board at least one month ahead of the planning board's regularly scheduled meeting.
C.
Group 3 Temporary Uses. This group consists of temporary uses of property continuing for longer than thirty days but less than one year.
1.
The following temporary uses may be allowed in this group:
a.
Uses, such as carryout espresso stands, less than one hundred twenty square feet in floor area and bearing a certification of a factory built building from the state of Montana as allowed in the appropriate zoning districts.
2.
Location and Time Restrictions.
a.
Any Group 3 temporary use/structure existing upon adoption of this chapter shall be deemed a legal nonconforming use. All existing legal Group 3 nonconforming temporary uses/structures, as of the effective date of this chapter or any amendment hereto, shall be removed or become a permanent use by complying with the currently adopted Commercial Building Code, site development standards, and any other federal, state or local requirements within two years from the date of the enactment of this chapter or any amendment hereto.
b.
All Group 3 temporary use/structures shall be removed no later than one year unless reapplied for and approved.
3.
Supplemental Standards.
a.
Two signs not to exceed thirty-two square feet in area and eight feet in height shall be allowed, excluding A-frame signs, and shall be removed along with the temporary use when the approved time limit or temporary use/structure permit has expired.
b.
The temporary use must provide sufficient space to accommodate the structure and off-street parking for customer and use-related vehicles. The parking area, driving lanes, and egress/ingress shall be paved, drained and the site shall be approved by the public works department.
c.
Clear sight vision for site ingress and egress shall be provided as per currently adopted applicable codes and as approved by the public works department.
d.
Access to public right-of-way shall be approved by the public works department.
e.
Application for a temporary use/structure permit shall be made at the city public works department to the planning board at least one month ahead of the planning board's regularly scheduled meeting.
(Ord. 07-10 (part), 2007; Ord. 03-1 (part), 2003: Ord. 96-5 (part), 1996)
In any residential district and in the agricultural district, the temporary use of land for Christmas tree sales may be allowed for a period not to exceed thirty days when all of the following restrictions are met:
A.
The sale must be conducted on property owned by a nonprofit organization unless otherwise approved by city staff. The lot must provide sufficient space to accommodate the Christmas trees and off-street parking for customer and other sale-related vehicles.
B.
One sign not to exceed thirty-two square feet in area shall be allowed for this temporary use, and such sign shall be removed along with the temporary use and structure when the approved time limit or temporary use/structure permit has expired.
C.
A business license must be obtained by the operator if located within the Laurel city limits.
(Ord. 07-10 (part), 2007; Ord. 96-5 (part), 1996)
The sale of flowers or produce at temporary stands shall be allowed when all of the following restrictions are met:
A.
Only items produced on the premises may be sold on the premises;
B.
Any structure used must be portable and removed after the temporary use/structure ceases to operate;
C.
One sign not to exceed thirty-two square feet in area shall be allowed, and such sign shall be removed when the use ceases;
D.
The use must provide sufficient space to accommodate the stand and off-street parking for customer and other sale-related vehicles off the public right-of-way; and
E.
Clear vision ingress and egress to the area must be provided.
(Ord. 07-10 (part), 2007: Ord. 96-5 (part), 1996)
The erection of temporary fireworks stands may be permitted if such meet the following standards:
A.
Located outside the city limits of Laurel and in nonresidential zones;
B.
Two signs not to exceed thirty-two square feet in area each are allowed, and such signs must be removed along with the temporary use and structure when the approved time limit expires;
C.
The stand must provide sufficient space to accommodate the stand and off-street parking for customer and sale-related vehicles off the public right-of-way; and
D.
The appropriate permits are secured from and fees are paid to county departments and the local jurisdictional fire department.
(Ord. 07-10 (part), 2007; Ord. 96-5 (part), 1996)
The temporary use of buildings or modular offices or equipment sheds during construction projects may be permitted in any zoning district. A temporary use/structure permit is not required if the structure is part of an approved construction project and used exclusively for the approved construction project it serves. Any such structure cannot be used for sleeping or living purposes and must be removed upon completion of the construction project.
(Ord. 07-10 (part), 2007: Ord. 96-5 (part), 1996)
All Group 2 and Group 3 temporary uses must conform to the currently adopted Sign Code. Before any Group 2 or Group 3 temporary use or structure is established, the property owner shall obtain a temporary use/structure permit, as delineated in this chapter. In addition, the property owner shall post a three thousand dollar money order or cashier's check or an equivalent bond with the city to ensure timely removal of the use and/or structure.
(Ord. 07-10 (part), 2007: Ord. 03-1 (part), 2003: Ord. 96-5 (part), 1996)
After the planning board has reviewed an application for temporary use, it shall make a recommendation to the city council to approve, deny or approve with conditions. The city council shall approve, deny or approve with conditions the application. If approved or if approved with conditions, the application shall then obtain a city business license prior to operating the business.
(Ord. 03-1 (part), 2003)