§ 16-278. Temporary uses.

The following regulations govern the operation of a temporary use. Los Alamos County sponsored events on Los Alamos County property shall be exempt from the provisions of this section. However, all temporary uses, including Los Alamos County sponsored events, shall be reviewed by IDRC and subject to appropriate and reasonable conditions as may be required to protect the health, safety, and general welfare of persons residing or working in the vicinity of the event.

(1)

Applications. Application for a temporary use permit shall be made to the community development director as set forth in section 16-122(l).

(2)

Uses. The following temporary uses are subject to the following specific regulations as well as to the regulations of the zoning district in which the use is located:

a.

Fair, carnival, circus, or similar community event. In any DT, MU, C, M or P-L district, a temporary use permit may be issued for a period not longer than 15 days in any six-month period at the same site.

b.

Holiday tree sales.

1.

In any DT, MU, C or M zoning district, lot sales of holiday trees are permitted for a period of no longer than 45 days, expiring December 30 of each year.

2.

In any P-L zoning district, lot sales of holiday trees are permitted only with the consent of the owner of such property for a period of no longer than 45 days, expiring December 30 of each year. The county council shall designate those county lands where lot sales of Christmas trees are to be permitted.

c.

Contractor's office, equipment sheds and security fencing. In any district, a temporary use permit may be issued for a contractor's temporary office and equipment shed or mobile home incidental to a construction project. Such permit shall expire one year after the date of issuance or upon the issuance of a certificate of occupancy, temporary or final, whichever occurs first. As part of the temporary use permit for a contractor's temporary office, security fences not exceeding eight feet in height may be erected on the construction site, with the location and material of the fence to be approved by the community development director as part of the temporary use permit for the contractor's office and/or equipment shed. Barbed wire may be utilized for added security, but only at the top of the fence above six feet. Such fences shall be removed on or before the expiration of the temporary use permit.

d.

Caretaker's unit. In conjunction with the temporary use provisions of subsection (2)c of this section, a temporary use permit may be requested for and issued for a caretaker's unit. Also see section 16-9(b) for family use as part of a caretaker's unit.

e.

Real estate office. In any district, a temporary use permit may be issued for a temporary real estate sales office in any new residential subdivision or development, such permit to expire one year after the date of issuance or upon completion of sales or rentals of all other property or units within the subdivision or development, whichever occurs first. A model home may be used as a temporary sales office. No residential use may be made of the office or model home.

f.

Religious tent meeting. In any district, a temporary use permit may be issued for a tent or other temporary structure to house religious meetings for a period of not more than ten days.

g.

Temporary dwelling units during construction of a permanent single-family dwelling unit. For the purposes of this subsection, mobile homes and recreational vehicles may be allowed as temporary dwellings. A temporary use permit may be issued for the use of a temporary dwelling unit during the construction of any single-family or two-family dwelling, subject to the following conditions:

1.

The permit shall expire one year after the date of issuance or upon the completion of construction, whichever occurs first;

2.

The applicant shall arrange for appropriate utility services to the temporary dwelling unit;

3.

The temporary dwelling unit's location on the site conforms to the site development standards of the residential district in which it is to be located. The temporary dwelling unit shall be removed from the site on or before occupancy of the dwelling unit.

h.

Student vendor sales.

1.

In any P-L district, student vendor sales shall be permitted only with the consent of the owner of such property. The county council shall, by resolution, designate those county lands where student vendor sales are to be permitted. Student vendor sales on county lands are subject to the following conditions:

i.

Applicants shall comply with the provisions of article II, chapter 12 of this Code.

ii.

Student vendor sales of food products shall comply with state law.

iii.

Temporary use permits for student vendor sales shall be valid from, and including, Memorial Day weekend to Labor Day weekend.

iv.

Student vendor sales are limited to persons currently enrolled in high school or college. Proof of such enrollment shall be required at the time the application for a permit is submitted to the county.

2.

Notwithstanding any other provisions of this section, student vendor sales on the public rights-of-way is prohibited.

i.

Seasonal sales of farm produce. A temporary use permit may be issued for the sale of farm produce and related products in any DT, MU, C, M or P-L district. The permit shall be for a period of time not longer than the growing and harvest season in a year and may be issued to individuals, groups or organizations.

j.

Outdoor arts and crafts shows and exhibits. A temporary use permit may be issued for outdoor arts and crafts shows or exhibits located on public or private land or on public rights-of-way in any DT, MU, C, M, P-O or P-L district, for a period not longer than 15 days in any 90-day period.

k.

Temporary use permit. All commercial and professional activities allowed in the DT, MU, C-1, C-2, C-3, P-O, M-1 and M-2 districts may request a temporary use permit within those respective districts to periodically conduct outdoor sales limited to not more than 30 calendar days cumulative in any 12-month calendar year period.

(Ord. No. 85-210, § 3, 1994; Code 1985, § 17.40.080; Ord. No. 02-244, § 2, 9-9-2014; Ord. No. 02-273, § 5, 5-16-2017)