9-1-19-36A: POLICY 36 (ABSOLUTE) TEMPORARY STRUCTURES:
A. Prohibited In Conservation District: The placement of temporary structures within the Conservation District is prohibited, except when authorized by subsection F of this section or by a special event permit issued pursuant to title 4, chapter 13 of this Code.
B. Discouraged Outside Conservation District: The placement of temporary structures outside of the Conservation District is strongly discouraged.
C. Temporary Structures Or Uses: Temporary structures as defined in section 9-1-5 of this chapter are subject to the following conditions:
1. Temporary structures shall only be utilized to replace an existing structure being demolished on site while a new, permanent structure on the same site is being constructed.
2. The temporary structure shall have no greater floor area than the structure it is temporarily replacing.
3. The temporary structure shall not be placed on site until a building permit has been issued for the new structure, and shall be removed once a certificate of occupancy for the new structure has been issued.
4. The holder of the development permit for a temporary structure shall provide a monetary guarantee to the town, in a form acceptable to the town attorney, ensuring the complete removal of the structure, site cleanup, and site revegetation, once a certificate of occupancy for the new structure has been issued. In addition, the holder of the development permit shall enter into an agreement with the town authorizing the town to take possession of the temporary structure and to dispose of the structure, without the town being accountable for any damages for the loss or destruction of the structure, if the permit holder fails to remove the structure within a reasonable period of time after a certificate of occupancy for the new structure has been issued. (Ord. 29, Series 2015)
5. If a permit for a temporary structure is requested to be renewed, it may be approved subject to all other relevant Development Code policies, such as policy 5A and 5R. This provision shall not apply to temporary tents and seasonal noncommercial greenhouses. (Ord. 1, Series 2019)
D. Other Permitted Temporary Structures: Temporary tents, air structures, or other similar temporary structures that are not designed and intended for office, retail, industrial or commercial uses may be approved subject to all other relevant Development Code policies.
E. Seasonal Noncommercial Greenhouses: Seasonal noncommercial greenhouses are not temporary structures but may be allowed subject to the following conditions:
1. A seasonal noncommercial greenhouse may be erected and operated only from May 1 to July 1 of the same year. Not later than July 2, the seasonal noncommercial greenhouse (including frame) shall be completely removed from its location;
2. A seasonal noncommercial greenhouse shall not exceed five hundred (500) square feet in size;
3. A seasonal noncommercial greenhouse shall be located in the rear or side yard insofar as practical;
4. A seasonal noncommercial greenhouse shall not be placed on a permanent foundation;
5. A seasonal noncommercial greenhouse shall be constructed of materials which, taken as a whole, give the appearance of a unified and coordinated design;
6. A seasonal noncommercial greenhouse shall be maintained at all times in a neat and orderly condition;
7. All materials related to the operation of a seasonal noncommercial greenhouse shall be stored within the greenhouse. The outdoor storage of such materials is prohibited; and
8. If a seasonal noncommercial greenhouse is located on land normally used for required off street parking, the greenhouse shall not occupy more than two (2) parking spaces.
A seasonal noncommercial greenhouse authorized by a permit issued under this policy shall not count as density or mass.
The director shall not collect an application fee in connection with a Class D minor development permit application to construct a seasonal noncommercial greenhouse which is submitted by the owner of a single- family residential structure.
F. Temporary Tents For Private Events: Temporary tents may be allowed in the town subject to the following conditions. Unless exempted in subsection F(4) of this section, temporary tents not authorized by a development permit issued pursuant to this subsection F are prohibited:
1. Temporary Tent Requirements And Limitations: A temporary tent may be erected and maintained if authorized by a Class D - minor development permit, subject to the following requirements:
a. A temporary tent shall be used solely in connection with the holding of a private event;
b. A temporary tent shall not be erected for more than five (5) consecutive days;
c. Not more than three (3) temporary tent permits may be issued for the same property within a calendar year;
d. At least thirty (30) consecutive days must elapse between the removal of one temporary tent and the erection of a new temporary tent; and
e. A temporary tent may not be placed in a location that will interfere with approved circulation on the subject property, or be located on required parking or landscaping.
2. Special Rules For Temporary Tents Located Upon Certain Properties: Temporary tents may be allowed for the following properties if authorized by a Class C development permit, subject to the following terms and conditions. For properties that are subject to this subsection F(2), the provisions of subsection F(1) of this section do not apply.
a. This subsection F(2) applies only to temporary tents to be erected on the following categories of properties: hotel/lodging/inn and condominium properties. For this subsection F(2) to apply a property must contain a minimum of four (4) acres, or have a minimum of fifty (50) residential single-family equivalents of approved and developed density;
b. A temporary tent shall be used solely in connection with the holding of a private event;
c. At the option of the applicant, either:
1. One temporary tent permit per calendar year may be issued per property for a maximum duration of one hundred fifty (150) consecutive days; or
2. Two (2) temporary tent permits per calendar year may be issued per property for a maximum duration of forty five (45) consecutive days each;
d. Temporary tents authorized under this subsection F(2) may only be erected after the close of the ski season at the Breckenridge Ski Resort and before start of the next ski season at the Breckenridge Ski Resort; (Ord. 29, Series 2015)
e. No temporary tent approved pursuant to this subsection F(2) may exceed five thousand five hundred (5,500) square feet in size; and (Ord. 8, Series 2016)
f. A temporary tent may not be placed in a location that will interfere with approved circulation on the subject property, or be located on required parking or landscaping.
3. Conditions Of Approval: Without limitation, the conditions of approval of a development permit issued under this subsection F may include, if determined to be appropriate by the director or the Planning Commission:
a. Proper upkeep of the temporary tent; and
b. The requirement that the permittee provide a monetary guarantee to the town, in a form acceptable to the town attorney, ensuring the complete removal of the temporary tent, site cleanup, and site revegetation, when the permit expires without being renewed, or is revoked.
4. Exempt Temporary Tents: The following temporary tents do not require the issuance of a development permit pursuant to this policy:
a. A tent that is used for the sole purpose of providing shade for people in a location that is accessible by general pedestrian traffic, if:
1. The tent is not larger than four hundred (400) square feet;
2. No commercial activity occurs within the tent; and
3. The tent is not placed in a location that will interfere with approved circulation on the subject property, or be located on required parking or landscaping.
b. Temporary tents located on Town owned property with Town permission and used solely in connection with the holding of a private event, subject to such terms and conditions as the town may impose. At least five (5) consecutive days must elapse between the removal of one temporary tent and the erection of a new temporary tent on Town owned property; and
c. Temporary tents located on the lawn of the Barney Ford Museum with the permission of the owner of the Barney Ford Museum and used in connection with the holding of a private event, subject to such terms and conditions as the owner of the Barney Ford Museum may impose. At least five (5) consecutive days must elapse between the removal of one temporary tent and the erection of a new temporary tent on lawn of the Barney Ford Museum; and
d. A tent that is used for camping. Camping tents are subject to section 6-3H-4 of this Code.
e. Nothing in this policy prohibits the use of a temporary tent for use in connection with the following public events:
1. A special event approved and authorized by the town pursuant to title 4, chapter 13 of this Code;
2. An outdoor sales day event established by the town manager pursuant to subsection 9-7-6I of this title; or
3. Any other public event approved or authorized by the town. (Ord. 29, Series 2015)