(a) Purpose. This Development Code allows for the establishment of certain temporary uses for limited duration, provided that such uses comply with the general and specific standards of this Section.
(b) Temporary uses and structures allowed. The following temporary uses are allowed provided they comply with the general standards of §9-4-200(g), General Requirements for all Temporary Uses and Structures, below.
(c) Minor temporary uses. The following uses shall be classified as minor temporary uses:
(1) Temporary seasonal and holiday sales (sporting goods, tree lots, wreath sales);
(2) Temporary real estate sales office (including model homes);
(3) Contractor's office/temporary construction uses;
(4) Off-site auto sales;
(5) Travel trailers;
(6) Farmer's market held on private property;
(7) Temporary sales, not including mobile food vendors unless specifically allowed within a zoning district;
(8) Seasonal outdoor garden nursery;
(9) Retail encroachment into required parking;
(10) Fruit/vegetable stands;
(11) Storage/shipping containers; and
(12) Auctions.
(d) Major temporary uses. The following uses shall be classified as major temporary uses:
(1) Temporary special events held on private property;
(2) Circuses, festivals, carnivals, and fairs held on private property; and
(3) Temporary lodging facilities.
(e) Exemptions. The regulations in this Section shall not apply to the following uses:
(1) Funeral processions;
(2) Garage or estate sales;
(3) Private parties for fewer than fifty (50) people;
(4) Weddings of immediate family of the homeowner, not to exceed one-hundred and fifty (150) guests;
(5) Regularly scheduled school events such as athletic events that use existing parking, traffic controls and public safety support;
(6) Natural disasters and emergencies, staging and assembly grounds; and
(7) A governmental agency acting within the scope of its functions.
(f) Permits for special events on public property. All special events on any street, alley sidewalk, public building, or public park shall be subject to the following standards and procedures set forth in the Creede Municipal Code, and include but are not limited to: Alcoholic beverage permits (Article 1 of Chapter 6, Alcoholic Beverage Licenses).
(g) General requirements for all temporary uses and structures. All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this Development Code:
(1) The temporary use or structure shall not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare;
(2) The temporary use shall comply with all applicable general and specific regulations of this Section, other City ordinances, and state law unless otherwise expressly stated;
(3) Permanent alterations to the site are prohibited;
(4) The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site;
(5) The temporary use regulations of this Section do not exempt the applicant or operator from any other required permits, such as food service or building permits;
(6) If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic circulation as required that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers, 100-year floodplain, and required landscaping. At the conclusion of the temporary use or at expiration of the permit, whichever occurs first, all disturbed areas of the site shall be restored or improved to the condition that existed prior to the use;
(7) If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use and that would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation or parking space availability;
(8) Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored, and meet the requirements of the Building Official, including fire rating;
(9) Off-street parking shall be adequate to accommodate the proposed temporary use;
(10) The conduct of the temporary use will not require the diversion of so great a number of police officers of the City to restrict the ability to properly police the City;
(11) The conduct of such temporary use will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the City other than that to be occupied by the proposed line of movement and the areas contiguous thereto;
(12) The conduct of such temporary use will not interfere with the movement of firefighting equipment in route to a fire;
(13) The size, nature, or location of the temporary use or structure is not reasonably likely to cause a clear and present danger of injury to persons and property;
(14) Another temporary use permit application has not been received prior in time or has already been approved for the same time and place requested by the applicant or so close in time and place to that required by the applicant that the issuance of both permits would cause undue traffic congestion; and
(15) The location of the temporary use or structure will not substantially interfere with any construction or maintenance work scheduled to take place upon City streets.
(Ord. 395 §3, 2016; Ord. 429 §1, 2021; Ord. 437 §1, 2022)