§ 25-2-921. TEMPORARY USES DESCRIBED.

(A)

The following may be permitted by the building official as temporary uses under this division:

(1)

model homes or apartments and related real estate services, if the use is located within the residential development to which the use pertains;

(2)

a circus, carnival, rodeo, fair, or similar activity, if the use is located at least 200 feet from a dwelling and located in a CS or less restrictive zoning district;

(3)

an outdoor art or craft show or exhibit, if the use is located in an LR or less restrictive zoning district;

(4)

Christmas tree sales;

(5)

an on-site construction field office, if the use is located in a portable structure and conducted for not more than 6 months;

(6)

seasonal retail sale of agricultural or horticultural products, if the use is located at least 200 feet from a dwelling and located in an LR or less restrictive zoning district;

(7)

seasonal day care, if the use is conducted for not more than eight hours a day and not more than 30 days a year; and

(8)

temporary day care, if the use is conducted for not more than eight hours a day and not more than 12 hours a week.

(B)

A sales office for a new subdivision may be permitted as a temporary use under this division if the sales office is located within the subdivision and at least 200 feet from existing dwellings outside the subdivision.

(1)

A sales office for a new subdivision may not be operated after:

(a)

the expiration of four years from the date the first construction permit issued in the subdivision; or

(b)

the date by which 95 percent of the lots are sold.

(2)

The board of adjustment may grant an extension of the deadlines described in this subsection.

(C)

An outdoor public, religious, patriotic, or historic assembly or exhibit, including a festival, benefit, fund raising event, or similar use that typically attracts a mass audience may be permitted as a temporary use under this division if:

(1)

for a gathering of not more than 50 persons, the use is located in an SF-4 or less restrictive zoning district;

(2)

for a gathering of more than 50 persons, the use is located in an LO or less restrictive zoning district; or

(3)

for an exhibit, the use is located in a GR or less restrictive zoning district.

(D)

A single dwelling located in a mobile structure on a construction site may be permitted as a temporary use under this division if the building official determines that the dwelling is required to provide security against nighttime theft or vandalism. The building official may allow the use for a period of up to 6 months and, if requested by the applicant, may extend that period for an additional 6 months. An applicant may appeal to the board of adjustment a denial of the use by the building official.

(E)

An outdoor special sale, including a swap meet, flea market, parking lot sale, or similar activity may be permitted as a temporary use under this division if the use is located in a commercial or industrial zoning district. An outdoor special sale may be conducted on not more than three days in the same week and not more than five days in the same month.

(F)

Within the Central Business District (CBD) or Downtown Mixed Use (DMU) zoning districts, retail services may be permitted as a temporary use in accordance with the requirements of this subsection.

(1)

The retail use must:

(a)

be located within an enclosed fire area, as defined by the Building Code, that does not require structural changes to accommodate the use; and

(b)

have an approved certificate of occupancy or temporary certificate of occupancy.

(2)

The retail use may not exceed 12,000 square feet in area unless an approved sprinkler system has been installed in accordance with the Fire Code;

(3)

The following uses and activities may not be permitted as a temporary retail use under this subsection:

(a)

personal services;

(b)

food preparation or the sale or consumption of alcoholic beverages;

(c)

a portable toilet serving the retail use, whether located inside or outside of the use; or

(d)

storage of hazardous materials as defined by the Fire Code.

(4)

A permit for a temporary retail use under this subsection may be issued for up to 45 days and renewed once, for a total operating period not to exceed 90 days.

(G)

This section applies to an urban farm.

(1)

An urban farm may apply for and be permitted to hold a temporary use permit under this section no more than six times per year.

(2)

The limitations set forth above in Section (C)(1), (C)(2) and (C)(3) do not apply to a temporary use permit on an urban farm.

(H)

The building official may permit other temporary uses that are similar to those described in this section.

Source: Section 13-2-321; Ord. 990225-70; Ord. 031211-11; Ord. 20111103-075; Ord. 20131121-105, Pt. 5 .