4-3(G)   TEMPORARY USES

Temporary uses require a Permit - Temporary Use pursuant to Subsection 14-16-6-5(D) unless specified otherwise in the Use-specific Standards below.

4-3(G)(1)   Circus

4-3(G)(1)(a)   This use may take place on a fairground, which requires a Site Plan - EPC related to the NR-SU zone district pursuant to Subsection 14-16-6-6(J). Where this use is proposed in another zone district, a Site Plan - Administrative demonstrating adequate parking, vehicle circulation, and toilet facilities for anticipated employees and attendees is required to be approved by the City pursuant to Subsection 14-16-6-5(F) prior to any activity related to the use.

4-3(G)(1)(b)   The tent and other facilities are required to be approved by the Fire Marshall as having met the requirements of Article 14-2 of ROA 1994 (Fire Code) prior to any activity related to the use.

4-3(G)(1)(c)   This use is allowed for a period not to exceed 10 days in any calendar year, and operating hours (including erection and dismantling of equipment) shall be restricted to between the hours of 7:30 A.M. and 10:30 P.M.

4-3(G)(1)(d)   One (1) temporary sign of not more than 100 square feet is allowed from the time equipment erection begins until dismantling of equipment ends.

4-3(G)(1)(e)   This use is prohibited within 300 feet in any direction of any Residential zone district or any building containing a residential use in any Mixed-use zone district.

4-3(G)(2)   Construction Staging Area, Trailer, or Office

4-3(G)(2)(a)   This use may not begin, and any structure for the use may not be installed, more than 30 calendar days before site construction begins.

4-3(G)(2)(b)   This use may only be located on the lot for the following timeframes:

   1.   If associated with a construction project, from 30 calendar days before construction begins to 30 calendar days after issuance of a certificate of occupancy for a structure, or 30 calendar days after construction finishes if no certificate of occupancy is required.

   2.   If specified in a special event permit approved by the City, from 7 calendar days before to 7 calendar days after the approved event.

   3.   If neither Subsection 1 nor 2 above applies, then not longer than a period of 30 calendar days.

4-3(G)(2)(c)   This use may not occur in any required front yard area or between the front façade of a primary building and the street, but a trailer may be parked anywhere on the site for a period of up to 3 calendar days for active loading and unloading.

4-3(G)(2)(d)   The body of the trailer shall be set back at least 5 feet from any lot line and 8 feet from the building or structure under construction.

4-3(G)(2)(e)   If work on the project has been dormant for a period of 6 or more months, the trailer must be removed, unless an extension is granted by the Planning Director based on an anticipated construction restart date.

4-3(G)(2)(f)   This use is allowed to operate on private property near the subject property in any zone district, provided that the use has written permission from the owner of the off-site private property specifying the allowed use, the location of the subject property under construction, the allowed location of the use on the off-site private property, and the location of any agreed upon access point(s). A copy of this written permission shall be kept on the construction staging area site and made available for review by any City inspector at all times during the operation of the construction staging area.

4-3(G)(2)(g)   Where temporary dwelling units are allowed, the construction trailer or office may be used as a temporary dwelling unit provided that it meets all applicable building and occupancy requirements for a temporary dwelling unit.

4-3(G)(3)   Dwelling, Temporary

4-3(G)(3)(a)   This use must be associated with a permissive primary use, approved conditional use, or allowed temporary use and located in a structure on the same premises as the activity or construction that it serves.

4-3(G)(3)(b)   This use may only be located on the lot for the following timeframes:

   1.   If associated with a construction project, from 30 calendar days before construction begins to 30 calendar days after issuance of a certificate of occupancy (for a structure) or 30 days after construction finishes (if no certificate of occupancy is required).

   2.   If associated with a special event approved by the City or permitted under this IDO, from 7 calendar days before to 7 calendar days after the event, or as stated in any approval for the event approval issued by the City.

   3.   If neither Subsection 1 nor 2 above applies, then not longer than a period of 30 calendar days.

4-3(G)(4)   Fair, Festival, or Theatrical Performance

This use may take place on a fairground, which requires a Site Plan - EPC related to the NR-SU zone district pursuant to Subsection 14-16-6-6(J). Where this use is proposed in another zone district, this use is limited to 7 calendar days and to 45 days in any calendar year unless a Conditional Use Approval is obtained pursuant to Subsection 14-16-6-6(A).

4-3(G)(5)   Film Production

4-3(G)(5)(a)   This use is limited to five years.

4-3(G)(5)(b)   When this use occurs in the NR-PO-A zone district, approval from the Parks and Recreation Department is required.

4-3(G)(5)(c)   This use requires a sketch plan.

4-3(G)(6)   Open Air Market

This use may only be operated for up to 60 calendar days.

4-3(G)(7)   Park-and-Ride Facility, Temporary

This use shall be limited to the time period specified in any agreement with the property owner.

4-3(G)(8)   Real Estate Office or Model Home

4-3(G)(8)(a)   This use may not begin, and any structure containing the use may not be installed, more than 30 calendar days before site construction begins.

4-3(G)(8)(b)   This use must terminate, and any structure containing the use must be removed from the site, no later than 30 calendar days after issuance of the certificate of occupancy for the last unit or portion of the development is issued.

4-3(G)(8)(c)   If work on the project has been dormant for a period of 6 months or more, the structure containing this use must be removed unless an extension is granted by the Planning Director based on an anticipated construction restart date.

4-3(G)(8)(d)   One (1) wall, window, or yard sign of up to 4 square feet is allowed.

4-3(G)(8)(e)   Where temporary dwelling units are allowed, the structure containing this use may also be used as a temporary dwelling unit provided that it meets all applicable building and occupancy requirements for a temporary dwelling unit.

4-3(G)(9)   Safe Outdoor Space

4-3(G)(9)(a)   This use is limited to 2 years, and the Permit - Temporary Use may be extended for an additional 2 years. A new Permit - Temporary Use pursuant to Subsection 14-16-6-5(D) shall not be approved within 6 months of the last date that the use was allowed in a previous Permit - Temporary Use.

4-3(G)(9)(b)   The maximum number of designated spaces shall be 40 per safe outdoor space development. One (1) tent, recreational vehicle, or light vehicle is allowed per designated space. The maximum number of occupants per safe outdoor space development is 50 people.

4-3(G)(9)(c)   Safe outdoor spaces with more than 10 designated spaces and 15 or more occupants are prohibited within 660 feet in any direction of a lot containing any other safe outdoor space with more than 10 designated spaces and 15 or more occupants.

4-3(G)(9)(d)   Any portion of a lot in use as a safe outdoor space shall be at least 330 feet in any direction from any property zoned R-A, R-1, R-MC, or R-T that contains low-density residential development.

4-3(G)(9)(e)   Toilets, hand washing stations, and showers shall be provided as follows.

   1.   Plumbed hand washing stations and water-flush or composting toilets shall be provided within 2 years of the City approval of the safe outdoor space.

      a.   One (1) water-flush or composting toilet shall be provided for every 8 designated spaces.

      b.   One (1) hand washing station shall be provided for every 10 designated spaces.

   2.   Prior to the installation of plumbed handwashing stations and water-flush or composting toilets, portable toilets and hand washing stations may be provided to meet this requirement.

      a.   Portable toilets and hand washing stations shall be provided at a ratio of 1 each per 8 designated spaces.

      b.   Portable toilets and hand washing stations shall be serviced at regular intervals.

   3.   Toilets and hand washing stations shall not be located more than 300 feet in any direction of any designated space.

   4.   One (1) shower shall be provided for every 10 designated spaces.

      a.   Portable showers may be provided to meet this requirement.

      b.   Showers are not required to be plumbed within 2 years of the City approval of the safe outdoor space.

4-3(G)(9)(f)   Designated spaces, toilets, hand washing stations, and lavatories (i.e. facilities with toilets, showers, and sinks) shall be set back a minimum of 20 feet from each property line that abuts R-ML, R-MH, or any Mixed-Use zone district and a minimum of 5 feet from any other property line.

4-3(G)(9)(g)   The area containing designated spaces for tents shall be secured and screened on all sides by an opaque wall or fence or vegetative screen at least 6 feet high. Other requirements in Section 14-16-5-6 Landscaping, Buffering, and Screening do not apply.

4-3(G)(9)(h)   Each safe outdoor space development shall include an operations and management plan or security agreement to ensure the safety of individuals occupying the designated spaces.

   1.   Proof of the plan or agreement shall be required with the application for a safe outdoor space and shall be reviewed by the City's Department of Family and Community Services.

   2.   The plan or agreement shall specify 80 on-site support on a 24 hours a day, 7 days a week basis.

   3.   The management plan shall, at a minimum, include the following statement: "No person who is a registered sex offender shall be allowed to stay in a Safe Outdoor Space."

4-3(G)(9)(i)   Each safe outdoor space shall offer social services and support facilities to its occupants, including but not limited to showers, education and job training, storage space for residents' belongings, recreational services, and activities for use by occupants to provide comprehensive livability options.

4-3(G)(9)(j)   This use is prohibited adjacent to Major Public Open Space.

4-3(G)(9)(k)   The total number of safe outdoor spaces shall not exceed 2 in each City Council District.

4-3(G)(10)   Seasonal Outdoor Sales

This use is limited to a total of 45 days in any calendar year.

4-3(G)(11)   Temporary Use Not Listed

This use may be approved on a case-by-case basis if the City Planning Department determines that the use has a demonstrable public purpose, will not create material adverse impacts on surrounding area, and will not exceed 45 consecutive days in a calendar year. A traffic management plan may be required.

4-3(G)(12)   Garage or Yard Sale

4-3(G)(12)(a)   The duration of any sale shall not exceed 3 calendar days.

4-3(G)(12)(b)   For low-density residential development: no more than 2 sales within a 1-year period.

4-3(G)(12)(c)   For multi-family residential development: no more than 4 sales within a 1-year period.

4-3(G)(13)   Hot Air Balloon Takeoff and/or Landing

Hot air balloon takeoff and/or landing are prohibited in the Air Space and Runway Protection Sub-areas of the Airport Overlay Zone. See also Section 14-16-3-3(C) (Airport Protection Overlay Zone Use Regulations).

 

Notes

80	80 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. Revised editorially for clarity. "Indicate" in legal settings can connote a suggestion. [Spreadsheet Item #60]