CHAPTER 11
CITY OF NORTHGLENN ZONING ORDINANCE

ARTICLE 29
TEMPORARY USES

Section 11-29-1. Temporary Uses -- General Provisions.

(a)

A temporary use is a use which is temporary or transitory in character. Every temporary use requires a permit. Although the temporary uses provided by this Article are not limited to those expressly set forth, those temporary uses expressly set forth for each zone district are unlawful without the permit provided by this Article.

(b)

A temporary use permit authorizes the use of any specified land, building or structure for a limited purpose and for a limited period of time, and requires that any building, structure or thing authorized by the permit to be erected, constructed, installed or used upon the property shall be removed at or before the time of expiration of the permit or any extension thereof.

(c)

An application for a temporary use permit, or for renewal thereof shall be accompanied by payment of the fees provided by Section 11-45-3 of this Chapter, which fees shall not be refunded if the application is denied. If the permit is granted, the permit fee provided by Section 11-45-3(c) of this Chapter shall be paid before the permit is issued. The fees required for temporary use permits are in addition to any other license, permit or other fees or changes provided by ordinance.

(d)

Applications for temporary uses shall be filed in the office of the Department of Community Development not less than fifteen (15) days prior to action by the Commission.

[Source: Ord. 342, 1974]

Section 11-29-2. Authority of Planning Commission.

(a)

The Planning Commission shall have general jurisdiction of applications for temporary uses.

(b)

The Commission is authorized to hear and determine, and to approve or deny, applications for the establishment of the temporary uses allowed by the provisions of Sections 11-29-5 through 11-29-11 of this Article, which are provided by way of example and not by way of limitation, and to determine conditions and requirements for their operation in the zone districts hereinafter specified.

(c)

The Commission may by rule or resolution establish standards and criteria for the issuance of temporary use permits, and may delegate to the Department of Community Development the authority to issue permits in cases within the standards and criteria so established.

(d)

The Commission shall have power and authority to suspend or revoke any temporary use permit for cause consisting of:

(1)

Violation of any ordinance or regulation of the City applicable to such temporary use.

(2)

Violation or non-performance of any condition or duty imposed by or contained in the permit.

(e)

Temporary use permits shall also be subject to cancellation, suspension or revocation under and pursuant to the provisions of Article 1 of Chapter 18 of the Municipal Code.

[Source: Ord. 342, 1974]

Section 11-29-3. Authority and Responsibility of Department Applications.

(a)

The Department of Community Development shall receive and investigate all applications for temporary uses.

(b)

The Department may reject, without decision, any application which is incomplete, which otherwise fails to meet the requirements of this Chapter, or which is an application for a use requiring a different permit.

(c)

The Department may grant or deny temporary use permits in those cases and to the extent authorized by the Commission pursuant to the provisions of Section 11-29-2(c) of this Article. If the permit is denied, the applicant shall have the right, upon request, to a hearing on the application before the Commission.

(d)

In all cases in which an application for a temporary use is to be heard by the Commission, the Department shall prepare a written report of its investigation and findings concerning the application, and containing the recommendations of the Department thereon and shall submit such report to the Commission at or before the time of the hearing.

(e)

The Department shall communicate all decisions on applications to the applicant and the City Manager.

[Source: Ord. 342, 1974]

Section 11-29-4. Hearing on Applications. Hearings on applications for temporary use shall be conducted pursuant to the provision of Article 41 of this Chapter and the provisions of City ordinance governing administrative hearings.

[Source: Ord. 342, 1974]

Section 11-29-5. Temporary Uses in Residential Zones. The following temporary uses may be allowed in residential zone districts R-1, R-1-A, R-1-B, R-1-C, R-2, R-3, R-3-A, and R-4:

(a)

A temporary construction yard or building for construction materials and equipment, including a mobile home or travel trailer for office use, and concrete batch plants incidental to and necessary for construction provided that:

(1)

Such yard, building or batch plant shall be enclosed by an opaque fence;

(2)

The location of such building, mobile home office, yard or batch plant, relative to its distance from an existing residence, shall be of prime consideration in the Commission's decision to approve or disapprove the application;

(3)

In no instance shall a concrete batch plant be located within 1,000 feet of an existing residence;

(4)

Each such permit shall be valid for a period of not more than six calendar months and may be renewed for three successive six-month periods at the same location.

(b)

A temporary office, including a mobile home or travel trailer for office use. No area more than two miles distance from the office shall be served by the office. Each such permit shall be valid for a period of not more than six calendar months and may be renewed for three successive six-month periods at the same location.

(c)

A mobile home to be used as temporary living quarters incidental to and necessary for the construction of a residence on property of not less than one-half acre. A temporary permit for such use shall not be issued without approval in writing from the Tri-County District Health Department. Before such a temporary permit shall be issued, a building permit shall have been obtained. Temporary permits shall be valid for an additional six months, provided that the exterior walls and roof of the residence have been completed.

(d)

Fund raising activities by non-profit groups or civic organizations conducted at institutional facilities such as churches or schools. Such activities shall require a non-fee temporary use permit approved by the Director of Community Development. The director shall establish such conditions of operation for conduct of said fund raising activities as are determined necessary to limit impact on surrounding residential properties. Specified conditions of operation shall include but not be limited to hours and days of operation, generation of noise, limitations on temporary signage, and regulation or prohibition of any other identified impacts upon the neighborhood.

[Source: Ord. 342, 1974; 1198, 1998]

Section 11-29-6. Temporary Uses in P.U.D. Zones.

(a)

All temporary uses provided by Section 11-29-5 in residential zones.

[Source: Ord. 342, 1974]

Section 11-29-7. Temporary Uses in Agricultural Zones. The following temporary uses may be allowed in agricultural zones A-1:

(a)

All temporary uses permitted by Section 11-29-5 in residential zones.

(b)

The temporary uses provided by Section 11-29-9 (a) and (b) of this Article.

[Source: Ord. 342, 1974]

Section 11-29-8. Temporary Uses in Commercial Zones C-0. The following temporary uses may be allowed in administrative and professional zone districts C-0:

(a)

All temporary uses provided by Section 11-29-5 in residential zones.

[Source: Ord. 342, 1974]

Section 11-29-9. Temporary Uses in Commercial Zones C-1 to C-5. The following temporary uses may be allowed in restricted retail zones C-1, general retail zone C-3, restricted service zones C-4, and general service zones C-5:

(a)

A temporary sales lot and office for the sale of Christmas trees at wholesale or retail. Each such permit shall be valid for a period not to exceed 45 days. The parking of mobile homes or travel trailers for office or watchman purposes must be approved in writing by the Tri-County District Health Department.

(b)

The temporary sale of trees, shrubs, plants and garden supplies. Each such permit shall be valid for a period not to exceed six months.

(c)

RESERVED.

(d)

RESERVED.

[Source: Ord. 342, 1974; 1198, 1998]

Section 11-29-10. Temporary Uses in Industrial Zones. The following temporary uses may be allowed in industrial zone districts I-1 and I-2:

(a)

All temporary uses provided by Section 11-29-5 in residential zones.

(b)

All temporary uses provided by Section 11-29-9 in commercial zones.

[Source: Ord. 342, 1974]

Section 11-29-11. Temporary Uses in Open Zones. The following temporary uses may be allowed in open zones O-1 and O-1-A:

(a)

A temporary sales lot and office for the sale of Christmas trees at wholesale or retail. Each such permit shall be valid for a period not to exceed 45 days. The parking of mobile homes or travel trailers for office or watchman purposes must be approved in writing by the Tri-County District Health Department.

(b)

RESERVED.

[Source: Ord. 342, 1974; 1198, 1998]

Section 11-29-12. Reserved.

[Source: Ord. 1198, 1998]

Section 11-29-13. Renewal Applications.

(a)

The renewal of a temporary use permit does not require submission of a formal application, but a request for renewal shall be made in writing to the Director of Community Development.

(b)

An application for renewal shall be accompanied by payment of the renewal application fee provided by Section 11-45-3(b) and the permit fee provided by Section 11-45-3(c).

[Source: Ord. 342, 1974]

Section 11-29-14. Temporary Stands and Structures.

(a)

Each temporary building, stand or structure allowed by the provisions of this Ordinance shall be constructed in accordance with applicable building codes and regulations of the City.

(b)

No temporary building, stand or structure shall be constructed or erected until a building permit is issued therefor.

(c)

No temporary building, stand or structure shall be used or occupied unless and until the same has been inspected by a building inspector and a Certificate of Occupancy issued therefor.

(d)

For the purposes of this Section 11-29-14, a mobile home is a temporary building. In addition to all other requirements of this Article relating to mobile homes, no mobile home shall be used or occupied until the sanitation facilities and the electrical connections and installations have been inspected and approved by a building inspector, nor until the mobile home is inspected and approved by an officer authorized to enforce the provisions of the Uniform Fire Code.

(e)

No temporary stand or structure shall be constructed with exterior surface materials of cardboard, paper, cloth, or similarly unsuitable materials. Any such stand or structure constructed of unpainted wood or metal, or of any used, rusted, defaced or disfigured material, shall be painted before inspection.

[Source: Ord. 342, 1974]

Section 11-29-15. Inspection and Enforcement.

(a)

The Department of Community Development shall make or cause to be made all required inspection of temporary use and shall enforce all conditions and requirements of the permit.

(b)

The Department may issue to the permittee of any temporary use a notice describing any violation of an ordinance, or regulation of the City, or a violation of any condition or provisions of a permit, which notice shall require the permittee to discontinue the violation within a stated time.

(c)

The Department of the City Manager, either after the expiration of a period of notice or without issuing such notice, may initiate action to suspend or revoke any temporary use permit.

(d)

The Director of the Department or the City Manager, upon showing that the continued operation of a temporary use in violation of any Ordinance, or in violation of any applicable regulation, or in violation of the conditions of the permit, would endanger public health or safety, may summarily suspend the temporary use permit pending a hearing before the suspending officer. Such hearing shall be held upon reasonable notice to the permittee and scheduled with due regard to the period for which the permit was issued. If the suspension is sustained, or any decision is entered adverse to the interest of the permittee, the permittee shall have the right, upon request, to a hearing before the Commission.

(e)

A hearing before the Commission as provided by Section 11-29-14(d) may be held at the next ensuing regular or special meeting of the Commission, and shall be held within thirty (30) days after the decision sought to be reviewed. The decision of the Commission in such hearing may be appealed to the Board of Adjustment as in other cases.

[Source: Ord. 342, 1974]

Section 11-29-16. Removal and Restoration.

(a)

At or before the date of termination of a temporary use permit, the permittee shall cause any and all temporary installations to be disconnected, all temporary stands, temporary structures, mobile homes, motor vehicles, trailers, and other property and equipment to be removed, and the property to be free of trash and litter.

(b)

In the event of violation of the provisions of this Section, in addition to all other remedies or penalties which may be available, the Police Department may enter upon the property and perform the requirements of Section 11-29-15(a) at the expense of the permittee.

[Source: Ord. 342, 1974]

Section 11-29-17. Unlawful Acts.

(a)

It shall be unlawful for any person to violate any of the provisions of this Article.

(b)

It shall be unlawful for any person to use any land, building or structure for any purpose for which a temporary use permit is required, without first obtaining such permit.

(c)

It shall be unlawful for any person, while any temporary use permit is canceled, suspended or revoked, to use any land, building or structure for any purpose for which a temporary use permit is required by the provisions of this Article.

[Source: Ord. 342, 1974]

Section 11-29-18. Violations -- Penalty. Violations of the provisions of Article 29 of Chapter 11 of the Municipal Code of the City of Northglenn shall be punishable by a fine of not more than three hundred dollars ($300) or by imprisonment in the City Jail or County Jail for a period of not more than ninety (90) days, or by both such fine and imprisonment.

[Source: Ord. 342, 1974]