Chapter 9.42
TEMPORARY USES AND STRUCTURES
Sections:
9.42.020 Site plan review required.
9.42.030 Special event permit required.
9.42.040 Temporary structures.
9.42.010 General provisions.
The uses listed within this chapter shall be allowed only on a temporary basis as noted. A special event permit application shall be subject to review and approval by the community development director, with the exception of items listed in BGMC 9.42.020, which are subject to review and approval by the planning commission through a site plan review application. (Ord. 806 § 1, 2007).
9.42.020 Site plan review required.
A site plan review application shall be required to be reviewed and approved by the planning commission for the following private uses:
A. Carnivals, private.
B. Circuses, private.
C. Street fairs, private.
D. Other private uses determined by the community development director to be similar. (Ord. 806 § 1, 2007).
9.42.030 Special event permit required.
Business owners seeking outside sales for special events may apply for a special event permit to be reviewed and approved by the community development department for a specified time period. The following uses shall be eligible based on meeting the stated criteria:
A. Carnivals, Circuses, Street Fairs, and Other Similar Uses. Permitted with a special event permit if located on publicly owned or leased property, or on any general curriculum public or private school grounds, or on property improved with a permanently established church. The sponsorship of such carnival shall be confined to a public agency or religious, fraternal, or service organization directly engaged in civic or charitable endeavors within the city.
B. Seasonal Sales. Allowed in all zones except R-1 and R-2. Permitted uses include all nationally recognized holidays. Business set-up and sales may begin no earlier than 30 days before the holiday with the exception of the Christmas holiday. The sale of Christmas trees and wreaths may take place between November 1st and December 25th, both dates inclusive, to the extent permitted by other statutory and ordinance provisions. Any structures, facilities, and materials used for seasonal sales shall be removed from the premises within 48 hours following the holiday, and the property restored to a clean condition.
C. Holiday Sales. A business owner may apply for an outside sales display in front of his/her own storefront for a nationally recognized holiday only. The special event permit application must be received by the community development department at least seven business days before the event.
D. Grand Openings or Closing Sales. A business owner may apply for an outside sales display in front of his/her own storefront for grand openings or closing sales one time only and within 60 days after opening or before closing.
E. Parking Lot Sales. A multi-tenant shopping center with three or more lease spaces may apply for a parking lot sale. The sales are limited to the businesses leasing the spaces in the center. Parking must be accommodated to prevent any overspill onto the streets or adjacent properties. These uses shall be limited to a period of four times per year, not to exceed three consecutive days.
F. Marathon Dances. Following BGMC 5.28.060, marathon dances are prohibited unless the city issues a special event permit for the dance as a temporary use. The dance may not commence until after a 24-hour period has passed from the time of approval.
G. Filming. The special event permit application must be received by the community development department at least seven business days before the event and must meet the provisions of BGMC Title 5 for business license requirements.
H. Other Similar Events. The community development director may approve a special event permit for a use not described in this section but which the director finds similar and appropriate. The director may also defer the event to the planning commission for review and approval through a site plan review application if he or she deems it necessary for the public welfare. (Ord. 806 § 1, 2007).
9.42.040 Temporary structures.
The following structures shall be allowed on a temporary basis subject to the time frame and standards noted:
A. Real Estate Sales Office (Trailer or Modular). Permitted for a maximum period of two years and solely for the purpose of conducting sales of lots in a subdivision upon which such office is located, provided such office shall not be used in conjunction with a general real estate business. At the end of two years from the start of construction, any structure used for such purpose shall either be removed or restored for a use permitted in the zone where located, except that the commission may, upon a showing of need by the owner of the property, extend the permitted time for a period not to exceed one additional year.
B. Roll-Off Storage Containers. Permitted for storage purposes only, subject to the following standards:
1. Property must be zoned industrial and be a minimum of one acre in area.
2. Containers may not be visible from any public right-of-way.
3. Screening for containers may not exceed the fence height limits of this title.
4. Containers may not be located on any parking spaces, loading spaces, or drive aisles nor may they obstruct any windows, doorways, or required emergency access.
5. Containers must be kept in good maintenance and painted to complement the existing permanent structures.
6. A site plan review application must be reviewed and approved by the community development director or designee prior to locating the containers on site.
7. Containers are allowed for a maximum time frame of two years. An extension of the site plan review application may be obtained following submittal of a new application and site inspection by city staff.
C. Roll-Off Trash Containers Greater Than Five Cubic Yards. Permitted for construction activity only in association with an approved building permit subject to the following standards:
1. Permitted for a maximum of 60 days and three times per year.
2. May not be located on any parking spaces, loading spaces, or drive aisles nor may they obstruct any windows, doorways, or required emergency access.
D. Tents for Special Events. Tents may only be used in association with a special event permit and require clearance from the building and fire departments as part of the special event permit process.
E. Other Temporary Structure. The community development director may determine that another temporary structure not listed in this section is permitted subject to a site plan review. The time frame and location of said structure shall be at the discretion of the director. (Ord. 806 § 1, 2007).