The purpose of this Article is to provide for the regulation of temporary uses to ensure that visual and safety impacts are mitigated. Such uses include farmers markets, festivals, fairs, Christmas tree lots, fruit and vegetable stands, grand openings and anniversary celebrations, and outdoor sales and promotions. Other similar temporary uses may be approved by the Director.

(Ord. 22-02 Art. 4)

A Temporary Use Permit is required as provided herein. A temporary use application and fee schedule is available from the Community Development Department.

(1)

The property where the proposed temporary use is to be located and the property owner of record shall not have any outstanding land use violations or obligations to the City, including taxes and fees.

(2)

If the temporary use is to be located on private property, written permission may be required from the property owner(s). If the use is to be located in the public right-of-way or City-owned property, City approval is required.

(3)

Temporary structures, such as tents, sheds and trailers, as well as recreational vehicles and semi-trucks, may be utilized along with the temporary use provided that such temporary structures and vehicles comply with the regulations and permitting requirements of the City and other referral agencies. The temporary structures and vehicles must be removed once the temporary use has terminated.

(4)

The proposed site shall be adequately served by streets or drives having sufficient width and improvements to accommodate the type and quantity of traffic that such temporary use could reasonably be expected to generate.

(5)

Adequate parking to accommodate vehicular traffic expected to be generated by such use shall be available either on site or at adjacent sites with permission of the owner.

(6)

The use shall not block exits or pose a hazard to vehicular or pedestrian traffic and shall occur in a manner that assures a minimum of three (3) feet of unimpeded access for pedestrians.

(7)

On-site screening may be required to mitigate impacts of the temporary use on adjacent properties or rights-of-way.

(8)

All on-site lighting shall be installed and maintained in order to minimize and mitigate light pollution and trespass on surrounding land uses, and shall be subject to the lighting provisions of Article XXX.

(9)

Temporary outdoor storage on residential and nonresidential properties is subject to applicable provisions of Article XXII-B.

(10)

A business license from the City is required for all sales related to temporary uses.

(11)

The temporary use shall be operated in compliance with all other applicable provisions of this Municipal Code, including but not limited to noise, litter, trash and debris.

(12)

Failure to abide by the stipulations of the permit constitutes a zoning violation and could result in termination of the use and forfeiture of all financial security that may be held by the City.

(Ord. 22-02 Art. 4)

(a)

Farmers markets, flea markets, festivals, carnivals, fairs and similar uses may be allowed only in the Business, Commercial, Parks and Open Space, and Institutional zone districts or similar zones of a Planned Development district.

(b)

A Temporary Use Permit shall be required and may be issued by the Community Development Department upon an assessment of the application meeting the general requirements of Section 16-22A-20 of this Article.

(c)

Promotional items that may be allowed with a Temporary Use Permit include, but are not limited to:

(1)

Food vendors.

(2)

Banners (attached to a building when there is a building). No banners are allowed in the public right-of-way. Regulations for banners on light poles are governed by Subsection 16-29-60(q) of this Chapter.

(3)

Temporary signage that does not penetrate the ground which may be placed in the right-of-way adjacent to the property, provided it does not interfere, obscure or otherwise impede vehicular or pedestrian traffic of any kind. No lawn signs are allowed in the public right-of-way. If an event is not being conducted at its regular place of business, temporary signage which does not penetrate the ground is allowed off-site in the right-of-way (not allowed in medians), provided it does not interfere, obscure or otherwise impede vehicular or pedestrian traffic of any kind; however, no lawn signs are allowed in the right-of-way. All promotional items must be promptly removed after the event.

(Ord. 22-02 Art. 4)

(a)

Grand openings, anniversary celebrations and other special occasions may be allowed only in the Business, Commercial or similar zones of a Planned Development.

(b)

A Temporary Use Permit shall be required and may be issued by the Community Development Department upon an assessment of the application meeting the general requirements of Section 16-22A-20 of this Article.

(c)

If related to a retail business, the celebration or special occasion must be beyond the normal purchase of goods or services of the retailer.

(d)

Grand opening events shall last no longer than seven (7) consecutive days. Anniversary celebrations and other special occasions shall last for the time period specified on the permit.

(e)

Promotional items that may be allowed with a Temporary Use Permit include, but are not limited to:

(1)

Food vendors.

(2)

Banners (attached to a building when there is a building). No banners are allowed in the public right-of-way.

(3)

Portable signage which may be placed in the right-of-way adjacent to the property, provided it does not interfere, obscure or otherwise impede vehicular or pedestrian traffic of any kind. No lawn signs are allowed in the public right-of-way. If an event is not being conducted at its regular place of business, portable signage is allowed off-site in the right-of-way (not allowed in medians), provided it does not interfere, obscure or otherwise impede vehicular or pedestrian traffic of any kind; however no lawn signs or banners are allowed in the right-of-way. All promotional items must be promptly removed after the event.

(Ord. 22-02 Art. 4)

(a)

Christmas tree sales lots shall be permitted only in the Business and Commercial zone districts, or similar zones of a Planned Development district.

(b)

A Temporary Use Permit shall be required and may be issued by the Community Development Department upon an assessment of the application meeting the general requirements of Section 16-22A-20 of this Article and may be issued for a two-month period starting November 1 and continuing through December 31 of the same year.

(c)

Hours of operation may include both daylight and evening hours, with sales no later than 10:00 p.m.

(Ord. 22-02 Art. 4)

(a)

Fruit and vegetable stands shall be permitted only in the Business, Commercial and Institutional zone districts, or similar zones of a Planned Development district.

(b)

A Temporary Use Permit shall be required and may be issued by the Community Development Department upon an assessment of the application meeting the general requirements of Section 16-22A-20 of this Article and may be issued for a five-month period from June through October of the same year.

(c)

Hours of operation shall be limited to daylight hours.

(Ord. 22-02 Art. 4)

(a)

Outdoor sales on areas other than sidewalks, limited to the sale or promotion of merchandise within the principal use, may be permitted only in the Business and Commercial zone districts or similar zones of a Planned Development district, and shall require a Temporary Use Permit.

(b)

A Temporary Use Permit shall be required and may be issued by the Community Development Department upon an assessment of the application meeting the general requirements of Section 16-22A-20 of this Article.

(c)

The Temporary Use Permit shall be granted for a period not to exceed one hundred twenty (120) days in a calendar year.

(d)

Sidewalk sales and outdoor sidewalk displays do not require a Temporary Use Permit; however, displays must be located to maintain at least three (3) feet of unobstructed pedestrian access and displays must be placed indoors at the close of business each day.

(Ord. 22-02 Art. 4)

(a)

The applicant shall submit the application fee and the information required in Section 16-22A-100 of this Article to the Community Development Department.

(b)

The submittal shall be reviewed for completeness and the applicant notified of any inadequacies. Once the submittal is determined complete, the Community Development Department and other agencies such as the Director of Public Works or their designee, the affected fire district and the health department may be asked to review the application.

(c)

After review by applicable departments and referral agencies, the Community Development Department shall approve, approve with conditions, or deny the Temporary Use Permit.

(d)

Denial of the Temporary Use Permit may be appealed to the City Council, in writing, within ten (10) business days of denial by the Community Development Department.

(Ord. 22-02 Art. 4)

An application for a Temporary Use Permit may be denied upon the Community Development Department's written determination that one (1) or more of the following exists:

(1)

The application does not meet the general requirements of Section 16-22A-20 of this Article.

(2)

The temporary use creates an unreasonable risk of significant damage to public or private property, beyond normal wear and tear; injury to persons; public or private disturbances or nuisances; unsafe impediments or distractions to vehicular or pedestrian travel; or other adverse effects upon the public health, safety or welfare.

(3)

The temporary use is of such a nature, size or duration that the particular location requested cannot reasonably accommodate the event.

(4)

The time and location requested for the proposed temporary use has already been permitted or reserved for other activities.

(Ord. 22-02 Art. 4)

The following materials shall be submitted to the Community Development Department, unless waived:

(1)

Completed Temporary Use Permit application form.

(2)

Permit fee as required by the City's adopted fee schedule.

(3)

A letter of authorization from the landowner allowing a representative to process the application, if necessary.

(4)

A detailed description of the use, including:

a.

Description of the activity.

b.

Hours of operation.

c.

Number of employees.

d.

How the application meets the general requirements of Section 16-22A-20 of this Article.

(5)

A site plan depicting the following:

a.

Lot boundary.

b.

Driveway access.

c.

Dimensions of existing and proposed structures, uses, display areas, vehicles and sign(s).

d.

On-site lighting location and type.

e.

Location of required off-street parking/loading areas.

f.

Location of recycling/trash containers, hand-wash sinks and portable restrooms where applicable.

g.

Adjacent land uses.

(6)

In addition to the permit fee, financial security in an amount and form determined by the Director may be required and submitted to the Community Development Department prior to issuing the permit. The site shall be inspected to ensure proper site cleanup prior to refunding the financial security.

(7)

Copies of all pertinent certificates or permits required by any of the referral or regulatory agencies as deemed necessary by the Community Development Department to operate the proposed temporary use or to occupy the proposed temporary structure, as it relates to public health, safety and welfare. This may include, but is not limited to, health certificates, tent permits and electrical permits.

(8)

Copy of a current City of Lone Tree Business/Sales Tax License for the temporary use.

(Ord. 22-02 Art. 4)