The purpose of this chapter is to provide for the safe flow of all modes of traffic in the public rights-of-way, to ensure the public's health and safety during special events, and to allow for a diversified economy in Woodland Park. In order to manage the variety of temporary uses that are possible, this Chapter includes two types of temporary use permits: special event permits and outdoor vendor permits.

(Ord. No. 1105-2008, § 4, 12-4-2008)

It shall be unlawful for any person, entity, or organization to engage in a temporary use without first obtaining a temporary use permit, either a special event permit or an outdoor vendor permit, whichever is applicable.

(Ord. No. 1105-2008, § 4, 12-4-2008)

A.

Special event permits. Any temporary use that falls under the category of special event shall require a special event permit. Special events and their associated temporary structures may be allowed in all zoning districts.

B.

Outdoor vendor permits. Individual, stationary temporary uses shall require an outdoor vendor permit. such uses and their associated temporary structures shall only be permitted in non-residential zoning districts.

(Ord. No. 1105-2008, § 4, 12-4-2008)

A.

All applications for a temporary use permit shall be made to the city manager/designee in written form, on the prescribed application, and shall be accompanied by the fee set by resolution. An application for a temporary use and/or temporary structure shall include, but not be limited to, the following information:

1.

Name, address and telephone number of the owner and applicant, if not the same person. If the applicant is a firm, corporation or other legal entity, the registered agent of the corporation shall be identified on the application as such.

2.

Written, signed permission by the owner of the property on which to conduct the temporary use or construct the temporary structure.

3.

Diagram showing the proposed location of the temporary use and any temporary structures.

4.

Written description of the type, nature and extent of the proposed request.

5.

Dates, days and hours of operation during which the applicant seeks to conduct the temporary use and occupy any temporary structure.

6.

Dimensions of all proposed temporary structures associated with the temporary use, and as requested by the city, elevations or photographs of the structures.

7.

Graphic example or brief statement of the nature and character of the signage or advertising.

8.

Such other information as deemed necessary by the city manager/designee for purposes of evaluating the application.

B.

Applications for a special event permit should be submitted forty-five days prior to the start date of the event.

C.

Applications for an outdoor vendor permit should be filed with the city manager/designee at least fourteen days in advance of the proposed use. For outdoor vendor permit applications subject to city council review, applications shall be filed with the city manager/designee at least twenty-one days prior to the city council meeting on which the city council is to rule on the application.

D.

After reviewing the application according to the standards contained in Section 18.62.050, the city manager/designee may approve, approve with conditions, deny or refer the application to city council. If approved, the city manager/designee will provide a copy of the temporary use permit to the applicant. If the application is denied, the city manager/designee will provide written notification to the applicant.

E.

The city council may approve, approve with conditions or deny the application. If approved, the city manager/designee will provide a copy of the temporary use permit to the applicant. If the application is denied, the city manager/designee will provide written notification to the applicant.

(Ord. No. 1105-2008, § 4, 12-4-2008)

A.

Administrative review. Except as required in subsection 18.62.050 B., the city manager/designee shall be the final review authority on all temporary use applications. The city manager/designee shall apply the standards below when reviewing an application and may require additional information from the applicant during the review period. The city manager/designee may refer any application to the city council for final review and action. In the event that the request is forwarded to the city council for final action, the city manager/designee shall make a recommendation to the city council on whether to approve, approve with conditions or deny the application. If the application is referred to the city council, the city manager shall set the matter on the city council meeting agenda for as early a date as practicable.

B.

City council review. The city council shall be the final review authority on temporary use applications where the proposed temporary uses/structures will operate between the hours of 9:00 p.m. and 7:00 a.m. or that will endure for longer than one hundred eighty days in a calendar year. If the city council has issued a temporary use permit in the past, then subsequent permit renewals may be administratively approved if all temporary use circumstances are substantially unchanged from the original application and no complaints or issues have ever been received by the city. When council review is necessary, the following notice procedure shall be utilized. The notice of public hearing shall be mailed to all adjacent property owners of every lot or parcel adjacent to the site of the proposed temporary use at least ten days prior to the city council meeting. The property to be used for the temporary use shall be posted with a notice for no less than ten days prior to the council meeting. The notices to be mailed and posted shall state that an application for a temporary use permit has been applied for, shall identify the proposed temporary use, and shall state the city council meeting date.

C.

Standards. When considering an application for any temporary use and/or temporary structure, the city manager/designee or the city council shall evaluate, among other pertinent factors, the following criteria as they relate thereto and as applicable:

1.

Site layout. The location, size, design, operating characteristics, and visual impacts of the proposed use or structure shall not be a detriment to the surrounding properties or compromise the public's health and safety. The temporary use or structure need not comply with the setback requirements of the zoning ordinance.

2.

Sight triangle. No temporary structure shall obscure or obstruct the vision of traffic by a motorist, bicyclist or pedestrian; or obstruct the view of any traffic control signal. The site triangle used for intersection visibility as described in Section 18.48.060(A) may be used as a guideline.

3.

Parking. The site shall maintain paved or graveled off-street or on-street parking areas sufficient to accommodate all customers of the temporary and principle use at the site.

4.

Impacts. The temporary use and structure shall minimize any potential negative impacts on traffic patterns, emergency vehicle operations, municipal services, and neighborhood character. The temporary use and structure shall not generate excessive noise or light pollution.

5.

Compatibility. The temporary use shall not undermine the purposes and intent of the underlying zoning district in which the use and temporary structure are proposed.

6.

Licensing. The applicant shall obtain a City of Woodland Park Business License from the city's finance office for any temporary use involving the sale of merchandise, food, or other commercial enterprise. The applicant shall obtain approval from the Teller County Department of Health and Environment for the applicant's food and drink dispersal, if any and/or the applicant's use of animals, if any. The applicant shall obtain any other applicable permits/licenses, such as for liquor sales, or overnight camping, as required by law.

7.

Signage. Signage for any temporary use, shall comply with Chapter 18.48 Signs.

D.

Additional review agencies. The fire district, police department and the city engineer shall review applications as appropriate. Their review for a special event is mandatory. The applicant shall satisfy all review comments from these agencies.

E.

Permit conditions. The city manager/designee or city council may impose such conditions as deemed necessary to protect the integrity of the underlying zoning district and the surrounding uses and structures in the neighborhood in which the temporary use and/or temporary structure is proposed to be located. This may include, but is not limited to, setting requirements for, or imposing restrictions upon, size, massing, location, open space, landscaping, buffering, screening, lighting, noise, signage, parking, operations, hours of operation, set-backs, building materials, sanitation and dust control. The city manager/designee or city council may require such financial security as deemed necessary to ensure compliance with any or all conditions of approval and/or to restore the subject property to its original use and condition.

(Ord. No. 1105-2008, § 4, 12-4-2008; Ord. No. 1170-2012, § 13, 1-3-2013; Ord. No. 1300-2017, § 1(Exh. A), 4-6-2017; Ord. No. 1323, § 1, 5-17-2018)

A.

The administrative decision of the city manager/designee to approve or deny an application for a temporary use permit may be appealed to the city council. Such appeal must be made in writing, specifying the reason for the appeal, and it must be submitted no later than the close of business on the third business day following the date of receipt of written notification of the administrative decision. If an appeal is filed within this three-day period, the administrative decision to approve or deny will be suspended until the appeal process is finalized.

B.

An applicant whose permit application is denied may appeal the city council decision in accordance with C.R.C.P. 106(a)(4). Or where an application is granted, any person who filed a written objection may appeal the City Council decision in accordance with C.R.C.P. 106(a)(4).

(Ord. No. 1105-2008, § 4, 12-4-2008)

Every temporary use permit issued pursuant to the provisions of this chapter shall expire according to the date established in the permit and in no case shall that expiration date extend beyond January 1 of the year following that for which it was issued.

(Ord. No. 1105-2008, § 4, 12-4-2008)

An applicant may apply for renewal of a permit granted, pursuant to this chapter, by filing a new application, paying the permit fees, and complying with the requirements of this chapter and all other city ordinances, as the same may be amended from time to time.

(Ord. No. 1105-2008, § 4, 12-4-2008)

In writing, the city manager or city council may suspend or revoke or deny renewal of any temporary use permit where the city manager/designee or the city council determines that the permittee is not compliant with the terms and conditions of the permit or has violated any rule, regulation, law or ordinance, or upon good cause shown. In the event that a temporary use permit is suspended or revoked the application fee, or any portion of it, shall not be refunded.

(Ord. No. 1105-2008, § 4, 12-4-2008)

No temporary use permit issued pursuant to this chapter shall be assignable.

(Ord. No. 1105-2008, § 4, 12-4-2008)