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Rugby City Zoning Code

CHAPTER 19

36 - SPECIAL PERMIT USES AND STRUCTURES

Sections:


19.36.010.- Purpose—Generally.

Special permit uses and structures are permitted only as temporary uses as expressly provided in this section. No special permit use or structure shall be established unless a zoning certificate evidencing the compliance of such use with the provisions of this section and other applicable provisions of this title shall have first been issued. Prior to issuance of a special use or structure permit the planning commission shall review the application for compliance with the provisions below. After reviewing the application, the planning commission shall send a recommendation to the city council. The city council shall decide upon the issuance of the permit along with any conditions deemed necessary. After issuance of a permit, the uses listed in this section may be operated as uses by special permit.

(Ord. 304, Art. 17, § 12(part), 1990)

19.36.020. - Application—Contents.

The application for a special use shall contain:

(1)

The name and address of the applicant, person, firm, or organization responsible for the operation of the use;

(2)

A description of the location of the use or event including the land area, structure, or part of a structure to be occupied or otherwise utilized by the use or event; and the dates during which the use or event will take place;

(3)

A description of the activity for which the permit is being sought;

(4)

A statement on the hours of operation and the duration of the event or activity.

(Ord. 304, Art. 17, § 12(1), 1990)

19.36.030. - Additional requirements.

In addition to a filed application other requirements must be met prior to the granting of a permit, which are the following:

(1)

Documentation that adequate arrangement for temporary sanitary facilities shall be provided;

(2)

An electrical permit has been obtained and inspection made prior to the installation of temporary or permanent lighting;

(3)

The site shall be cleared of all debris at the end of the special event and cleared of all temporary structures within thirty days after the closing event. A cash bond for a minimum of twenty-five dollars and not to exceed five thousand dollars shall be posted, or a signed contract with a disposal firm shall be required as a part of the application for a special permit to ensure that the premises will be cleared of all debris during and after the event;

(4)

Public parking for the exclusive use of the facility shall be provided, and a stabilized drive to the parking area shall be maintained. It shall be the responsibility of the applicant to guide traffic to these areas and to prevent patrons from unlawful parking;

(5)

Traffic control arrangements required by the police and Pierce county sheriff departments in the vicinity of major intersections shall be arranged by the applicant;

(6)

A cash bond for a minimum of twenty-five dollars and not to exceed five thousand dollars shall be posted with the city to insure the repair of any damages resulting to any public right-of-way as a result of the event;

(7)

Serving of alcoholic beverages shall not be permitted without a permit from the city council;

(8)

The principal use or structure, together with any special permit uses or structures, shall not jointly exceed the land use intensity as specified in the district regulations;

(9)

No signs in connection with a special use shall be permitted, except in accordance with the provisions of chapter 19.30;

(10)

A recommendation regarding the special use or structure shall be received prior to the planning commission meeting from the appropriate township board if the special use or structure is located in the extraterritorial. area.

(Ord. 304, Art. 17, § 12(2), 1990)

19.36.040. - Uses and structures considered for special permits.

The uses and structures to be considered for special permits are as follows:

(1)

Temporary Shelter. When a fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a mobile home located on the single-family lot during rehabilitation of the original residence or construction of a new residence is permitted, subject to the following additional regulations:

(A)

Required water and sanitary facilities must be provided.

(B)

Maximum length of permit shall be six months, but the building official may extend the permit for a period or periods not to exceed sixty days in the event of circumstances beyond the control of the owner. Application for the extension shall be made at least fifteen days prior to expiration of the original permit.

(C)

The mobile home shall be removed from the property upon issuance of any occupancy permit for the new or rehabilitated residence. The applicant shall be required to provide express consent and authorization to the city to remove the shelter at the owner's expense upon termination of the permit.

(2)

Contractor's Office and Construction Equipment Sheds. May be permitted in any district where the use is incidental to a construction project. The office or shed shall not contain sleeping or cooking accommodations. The maximum length of a permit shall be one year. The office or shed shall be removed upon the completion of the construction project.

(3)

Real Estate Sales Office. May be permitted in any district for any new subdivision. A model home may be used as a temporary sales office. The office may contain sleeping or cooking accommodations, however, these accommodations shall not be used at any time. The maximum length of a permit shall be one year. The office or shed shall be removed upon completion of the development of the subdivision.

(4)

Public Gathering for a Single Purpose Event. May be permitted in an agricultural, or commercial district, provided that each permit shall be valid for a period of not more than five days.

(5)

Bazaar, Carnival or Fair. May be permitted in agricultural district at other than a designated fairground, provided that each permit shall be valid for a period of not more than seven days. No structure or equipment shall be allowed within five hundred feet of any residential property line.

(6)

Christmas Tree Sales. Maybe permitted in agricultural, commercial, or industrial districts. No permit shall be issued prior to November 15th of each year and each permit shall be valid for a period of forty-five days.

(7)

Temporary Sales Stand. Maybe permitted in a commercial district for those types of businesses which sell goods from vehicles, trailers, or stands and are not a part of a permanent business establishment located on the premises.

(Ord. 304, Art. 17, § 12(3), 1990)