7. Temporary Uses:

      A.   General Temporary Uses:

         (1)   Applicability:

            (a)   Types of temporary uses and structures that may be approved under the temporary use approval process include:

               i.   Temporary buildings;

               ii.   Temporary display and sale of merchandise;

               iii.   Model homes, trailers, activities, and/or uses incidental to the construction of a building or group of buildings on the same or adjacent premises;

               iv.   Seasonal uses including but not limited to fireworks stands, Christmas tree lots, and produce stands; and

               v.   Other uses that clearly are not associated with a holiday, the growing season, or a construction project may be considered for approval by the Planning Director.

            (b)   Uses that shall not be considered for temporary approval include:

               i.   Uses that require Planning and Zoning Commission approval if they were a principal or accessory use in that zoning district.

               ii.   Structures or uses that are intended to be placed upon unimproved property, other than seasonal uses or uses incidental to construction.

         (2)   Standards for General Temporary Uses: A temporary use may be approved provided that the use complies with the following standards:

            (a)   Location: The temporary use shall allow for placement of a temporary structure or vehicle outside of any clear vision triangle, required setback, required parking stall (except as permitted for temporary, outdoor display sale of merchandise), service drive area, designated trash dumpster location, sidewalk, or any other position on a lot that may interfere with vehicular or pedestrian circulation, or the normal functions of other uses on the property, or be potentially hazardous to the public.

            (b)   Duration: Depending on the nature of the use, and with the exception of produce stands, a Temporary Use Permit shall not exceed 180 consecutive days.

            (c)   Removal: After the termination of the temporary use, the site shall be restored to its prior condition by the removal of the any structures, debris or refuse associated with the temporary use. Guarantees for timely removal may be required if there is a material risk of negative impacts on nearby properties or the City if such removal does not occur.

      B.   Temporary Uses not Requiring a Permit: The following uses shall be exempt from the requirements to obtain a Temporary Use Permit under Section 11-05-05.1.D provided the associated standards within this section are met.

         (1)   Construction Office:

            (a)   This use shall not begin, and any structure for the use shall not be installed, more than 30 calendar days before site construction begins.

            (b)   If work on the project has been dormant for a period of six or more months, the construction office shall be removed, unless an extension is granted by the Planning Director based on the anticipated construction restart date.

            (c)   The construction office shall not contain sleeping or cooking accommodations.

            (d)   The structure shall be set back at least five feet from any lot line/property line and eight feet from the building or structure under construction.

         (2)   Mobile Food Truck:

            (a)   A Temporary Use Mobile Food Truck shall operate on a property for a maximum of seven consecutive days.

            (b)   This use shall not operate on any lot where the principal use is a Single-Family Detached Dwelling, Single-Family Attached Dwelling, Duplex, Triplex, or Fourplex Dwelling.

            (c)   Each Mobile Food Truck shall comply with all applicable city, state, and federal requirements including those related to licensing and operating in the public right-of-way and shall be in good operating condition.

            (d)   Each Mobile Food Truck shall not occupy more than 10 percent of the required off-street parking spaces for the principal use on the subject property, unless an approved Temporary Use Permit provides for a longer time period or occupancy of a larger portion of the property.

            (e)   Each Mobile Food Truck operator shall provide solid waste receptacles sized to meet the expected demand and shall remove them after the Mobile Food Truck completes serving food.

            (f)   Motorized vehicular drive-through service from all food trucks is prohibited.

            (g)   Food Trucks shall require approval from the City Clerk's Office.

      C.   Specific Temporary Uses: The following shall be required to obtain a Temporary Use Permit under Section 11-05-05.1.D.

         (1)   Off-Site Construction Staging:

            (a)   All parking and materials shall be located outside of the required setbacks per the zone. Any job trailer shall be located outside of setbacks.

            (b)   Any access driveway shall be defined to be no wider than 24 feet. Non-construction related activities, and access to the site by the general public during off-hours, is not allowed.

            (c)   Approved surface materials are to be placed at all driveways to eliminate track-out of dirt onto the street.

            (d)   Any street-loading activities shall be coordinated with the Ada County Highway District and the applicant will be required to obtain all necessary public right-of-way permits to work in the public right-of-way.

            (e)   Use of the site shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. for Saturday and Sunday. Hours may be temporarily altered for special circumstances as approved by the Planning Director.

            (f)   The site shall be kept free of debris and in a nuisance-free and orderly manner. Temporary fencing with screening shall be placed around the entire site.

            (g)   The applicant shall coordinate with the Boise Fire Department to ensure access is not blocked to the trailer.

            (h)   Contact information, including a phone number, for a person responsible for ensuring compliance with all regulations and available to answer calls during all hours of operation shall be clearly posted on the site and on file with the City.

            (i)   The applicant is responsible for ensuring all site improvements are removed, placed back to its previous condition, and the site is inspected for compliance by planning staff.

         (2)   Sales and Leasing Office:

            (a)   Sales and Leasing Offices are permitted in any zoning district on the site of the development for which the sales are taking place.

            (b)   Sales and Leasing Offices are permitted to remain on the site of the development from 15 days before homes are offered for sale until 15 days after all homes or home sites within the development are sold.

         (3)   Seasonal Sales:

            (a)   Sales areas shall be set back a minimum of 15 feet from any public right-of-way.

            (b)   Seasonal Sales require approval from the City Clerk's Office.

            (c)   A Temporary Use Permit shall be valid for a maximum of 30 consecutive days.

            (d)   Temporary Use Permits for produce stands shall be approved annually. (Ord. 27-23, 7-18-2023, eff. 12-1-2023; amd. Ord. 43-23, 12-5-2023; Ord. 25-25, 6-24-2025)