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HomeMy WebLinkAboutOrdinance No. O07-10ORDINANCE NO. O07-10 ORDINANCE AMENDING CERTAIN SECTIONS OF THE "LAUREL ZONING ORDINANCE" LOCATED AT CHAPTER 17 OF THE LAUREL MUNICIPAL CODE. WHEREAS, Section 17.72.020 of the Laurel Municipal Code requires all amendments to the text of the Laurel Zoning Ordinance to be initiated by the City Council on their own motion or upon recommendation of the planning or zoning commission or board; and WHEREAS, Section 17.72.020 additionally provides that no amendment shall become effective unless submitted to the zoning commission for review and recommendation prior to the adoption of such amendment; and WHEREAS, the zoning commission reviewed and substantially prepared the proposed amendments to the Laurel Zoning Ordinance and recommends their adoption since the amendments are necessary and in the best interest of the City of Laurel at this time; IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the LAUREL MUNICIPAL CODE is hereby amended as is set forth below. 17.49.020 Temporary uses in nonresidential zoning districts. (B)(2)(b) Clear sight vision for ingress and egress shall be provided as approved by the c4ty~ Public Works Department. (B)(2)(c) Access to any public right-of-way must be approved by the ~ Public Works Department. (C)(1)(b)(a) ~ Uses, such as carryout espresso stands less than one hundred twenty square feet in floor area and bearing a certification of a factory built building from the State of Montana as allowed in the appropriate zoning districts. (C)(2)(a) Any Group 3 temporary use/structure existing upon adoption of this chapter shall be deemed a legal nonconforming use. All existing legal Group 3 nonconforming temporary uses/structures, as of the effective date of this chapter or any amendment hereto, shall be removed or become a permanent use by complying with the Un~f~.nv.~ Eu~!~!n?, Ca~c currently adopted Commercial 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. 007-10 Temporary Use 1 NEW SECTION: (C)(2)(b) All Group 3 temporary use / structures shall be removed no later than one year unless reapplied for and approved. (C)(3)(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, drained and the site shall be approved by the c4~ Public Works Department. (C)(3)(c) Clear sight vision for site ingress and egress shall be provided as per currently adopted applicable codes and as approved by the c4~ Public Works Department. (C)(3)(d) Access to public right-of-way shall be approved by the ~ Public Works Department. 17.49.030 Christmas tree sales in residential and agricultural districts. A. The sale must be conducted on property owned by a non-profit organization unless otherwise approved by City staff, a :k~ck c,r gck:e! Farlc'.'ng The lot Frcm:.::: -:cS!ch must provide sufficient space to accommodate the Christmas trees and off-street parking for customer and other sale-related vehicles. 17.49.040 Roadside stands. The sale of flowers or produce at ~o:~ temporary ........ stands shall be allowed when all of the following restrictions are met: B. C. D. E. Only items produced on the premises may be sold on the premises; Any structure used must be portable and removed after the temporary use/structure ceases to operate; One sign not to exceed thirty-two square feet in area shall be allowed, and such sign shall be removed when the use ceases; The use must provide sufficient space to accommodate the stand and off-street parking for customer and other sale-related vehicles off the public right-of-way; and Clear vision ingress and egress to the area must be provided. (Ord. 96-5 (part), 1996) 17.49.50 Fireworks stands. D. The appropriate permits are secured from and fees are paid to county departments and the local jurisdictional fire department. (Ord. 96-5 (part), 1996) 007-10 Temporary Use 2 17.49.060 Construction or construction equipment sheds. The temporary use of buildings or modular ~z.'r~ for offices or equipment sheds during consmaction projects may be p~mdtted in any zoning district. A temporary use/structure permit is not required if the structure is part of an approved construction project and used exclusively for the anvroved construction project it serves. Any such structure cannot be used for sleeping or living purposes and must be removed upon completion of the construction project. (Ord. 96-5 (part), 1996) 17.49.070 Temporary use/structure permit required. Ail Group 2 and Group 3 temporary uses must conform to the ....... adonted Sima Code. Before any Group 2 or Group 3 temporary use or structure is established, the property owner shall obtain a tengorary use/structure permit, as delineated in this chapter. In addition, the property owner shall post a one three thousand fi,,~amadr-~ dollar money order or cashier's check or an couivalent bond with the city to ensure timely removal of the use and/or structure. (Ord. 03-1 (pm), 2003: Ord. 96-5 (part), 1996) This Ordinance becomes effective thirty (30) days after final passage by the City Council and approval by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on September 18,2007, by Council Member Mace PASSED and ADOPTED by the Laurel City Council on second reading this 6th day of l'lovember ,2007, upon motion of Council Member W±lkins APPROVED BY THE MAYOR this 6th _dayof November ,2007. ATTEST: Mary I(~/l~mbleton, Clerk-Tr Elk River Law Office, P.L.L.P. O07-10 Temporary Use 3