HomeMy WebLinkAboutOrdinance No. O03-01ORDINANCE NO. O03-01
ORDINANCE AMENDING CHAPTER 17.49 OF THE LAUREL MUNICIPAL CODE
RELATING TO TEMPORARY USES IN NONRESIDENTIAL ZONING DISTRICTS.
WHEREAS, changes have been recommended to bring the Laurel City Code into
compliance with state laws; and
WHEREAS, it is in the best interests of the residents of the City of Laurel to pass such an
ordinance;
IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the
LAUREL MLrNICIPAL CODE is hereby amended as is set forth below.
Chapter 17.49 shall be amended as follows:
17.49.020 Temporary uses in nonresidential zoning districts.
Group 1 Temporary Uses. This group consists of temporary uses of property continuing
for less than forty-eight hours. Such uses are exempt from this chapter.
Group 2 Temporary Uses. This group consists of temporary uses of property continuing
for longer than forty-eight hours but less than thirty days.
1. The following are examples of Group 2 temporary uses: carnivals, circuses,
Christmas tree sales, etc.
2. Supplemental Standards.
a. Two signs not to exceed thirty-two square feet in area and eight feet in
height shall be allowed, excluding A-frame signs, and be removed along
with the temporary use/structure when the approved time limit or
temporary use/structure permit has expired.
b. Clear sight vision for ingress and egress shall be provided as approved by
the city engineer.
c. Access to any public right-of-way must be approved by the city engineer.
d. Application for a temporary use/structure permit shall be made at the city
public works department to the planning board at least one month ahead of
the planning board's regularly scheduled meeting.
Group 3 Temporary Uses. This group consists of temporary uses of property continuing
for longer than thirty days but less than one year.
1. The following temporary uses may be allowed in this group:
a. Greenhouses or other similar seasonal-oriented uses, as determined by the
planning board, shall be exempt from subsection (C)(2) of this section; or
b. Other uses, such as carryout espresso stands less than 120 square feet in
floor area as allowed in the appropriate zoning districts.
2. Location and Time Restrictions.
a. Any Group 3 temporary use/structure existing upon adoption of this
chapter shall be deemed a legal nonconfomfing use. All existing legal
Group 3 nonconforming temporary uses/structures, as of the effective date
Ordinances/LMC 17.49
of this chapter or any amendment hereto, shall be removed or become a
permanent use by complying with the Uniform Building Code, site
development standards, and any other federal, state or local requirements
within two years from the date of the enactment of this chapter or any
amendment hereto.
b. The owner/operator may, at any time during the two years as a Group 3
temporary use, become a permanent use by complying with the Uniform
Building Code, site development standards, and any other federal, state or
local requirements.
c. Any Group 3 temporary use/structure which does not exist upon adoption
of this chapter shall meet the supplemental standards in subsection (C)(3)
of this section and shall also be removed when the two-year amortization
period in subsection (C)(2)(a) of this section expires.
Supplemental Standards.
a. Two signs not to exceed thirty-two square feet in area and eight feet in
height shall be allowed, excluding A-frame signs, and shall be removed
along with the temporary use when the approved time limit or temporary
use/structure permit has expired.
b. The temporary use must provide sufficient space to accommodate the
structure and off-street parking for customer and use-related vehicles. The
parking area, driving lanes, and egress/ingress shall be paved, and the site
shall be approved by the city engineer.
c. Clear sight vision for site ingress and egress shall be provided as approved
by the city engineer.
d. Access to public right-of-way shall be approved by the city engineer.
e. Application for a temporary use/structure permit shall be made at the city
public works department to the planning board at least one month ahead of
the planning board's regularly scheduled meeting. (Ord. 96-5 (part), 1996)
17.49.070 Temporary use/structure permit required.
All Group 2 and Group 3 temporary uses must conform to the Municipal Sign Code.
Before any Group 2 or Group 3 temporary use or structure is established, the property owner
shall obtain a temporary use/structure permit, as delineated above. In addition, the property
owner shall post a one thousand five hundred dollar money order or cashier's check with the city
to ensure timely removal of the use and/or structure. (Ord. 96-5 (part), 1996) Chapter 17.52
17.49.080 Action by Laurel City Council.
After the planning board has reviewed an application for temporary use, it shall make a
recommendation to the City Council to approve, deny, or approve with conditions. The City
Council shall approve, deny, or approve with conditions the application. If approved or if
approved with conditions, the application shall then obtain a city business license prior to
operating the business.
Ordinances/LMC 17.49
This ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on
March 4 ,2003, by Alderman Poehls
PASSED and ADOPTED by the Laurel City Council on second reading this 1st day
of April ,2003, upon motion of Alderman Easton
APPROVED BY THE MAYOR this ~__~~ap~., 2003.
Jh~l E. J~s-on, Jr.~l'~yor
ATTEST:
M~ry Kyrhbl~ton, Clerk-Treasurer
Ordinances/LMC 17.49