§ 151.085 TEMPORARY USES.

   Temporary uses are characterized by their short-term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices, temporary carnivals and fairs, parking lot sales, retail warehouse sales, seasonal sales such as Christmas tree sales and vegetable stands, and similar uses. This Code contains permit procedures for three types of temporary uses. Seasonal and special events, temporary sales offices and model homes, and temporary buildings, trailers, kiosks, and other structures, as follows:

   (A)   Seasonal and special events. Through a Type II procedure, pursuant to § 151.232, the city shall approve, approve with conditions, or deny a temporary use application for a seasonal or special event, based on the following criteria:

      (1)   The use is permitted in the underlying zone, and does not violate any conditions of approval for the property (e.g., prior development permit approval).

      (2)   The use occurs only once in a calendar year and for not longer than 45 consecutive days.

      (3)   The use is permitted in the underlying land use district and does not violate any conditions of approval for the property (e.g., prior development permit approval).

      (4)   The applicant, if different than the property owner, has proof of the owner's permission to place the use on the property.

      (5)   Ingress and egress are adequate and do not raise safety concerns when the proposed use is combined with the other uses of the site, pursuant to §§ 151.140 through 151.142, On-Site Pedestrian Access and Circulation.

      (6)   The use does not conflict (i.e., create a nonconformity) with the provisions of §§ 151.155 through 151.157, Landscaping, Screening and Fences.

      (7)   There is sufficient parking to accommodate the temporary use and other uses existing on the site, pursuant to the §§ 151.170 through 151.178, Parking and Loading.

      (8)   The use does not conflict (i.e., create a nonconformity) with the provisions of §§ 151.215 through 151.218, Public Facilities.

      (9)   The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare, or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use.

      (10)   The use is adequately served by sewer or septic system and water, as applicable.

      (11)   The applicant shall be responsible for maintaining all required licenses and permits.

   (B)   Temporary sales office or model home. Through a Type II procedure, pursuant to § 151.232, the city shall approve, approve with conditions, or deny a temporary use application for a temporary sales office or model home, based on the following criteria:

      (1)   Temporary sales office. The use of any real property within the city as a temporary sales office, office for the purpose of facilitating the sale of real property, shall meet all of the following criteria:

         (a)   The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold.

         (b)   The property to be used for a temporary sales office shall not be permanently improved for that purpose.

         (c)   Public health, safety, and welfare shall be protected through conditions imposed by the city, regarding temporary utility connections.

      (2)   Model house. The use of any real property within the city for a model home, including a model home in any subdivision or on any tract of land within the city, shall meet all of the following criteria:

         (a)   Where the model house is located in a residential zone, it shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated.

         (b)   A model house located in a residential zone shall be designed as a permanent structure that meets all relevant requirements of this Code and other applicable codes and permit requirements.

         (c)   A model house located in a nonresidential zone, as with a manufactured home sales display lot, shall be removed when the use of the subject site for home sales ends.

   (C)   Temporary buildings, trailers, kiosks, and other structures. Through a Type II procedure, pursuant to § 151.232, the city shall approve, approve with conditions, or deny an application for a placement and use of a temporary building, trailer, kiosk, or other structure, based on following criteria:

      (1)   The use is permitted in the underlying zone and does not violate any conditions of approval for the property (e.g., prior development permit approval).

      (2)   The applicant, if different than the property owner, has proof of the owner's permission to place the use on the property.

      (3)   The lot development standards of the applicable zone are met.

      (4)   Ingress and egress are adequate and do not raise safety concerns when the proposed use is combined with the other uses of the site, pursuant to §§ 151.140 through 151.142, On-Site Pedestrian Access and Circulation.

      (5)   The use does not conflict (i.e., create a nonconformity) with the provisions of §§ 151.155 through 151.157, Landscaping, Screening, and Fencing.

      (6)   There is sufficient parking to accommodate the temporary use and other uses existing on the site, pursuant to §§ 151.170 through 151.178, Parking and Loading.

      (7)   The temporary use does not conflict [i.e., create a nonconformity) with the provisions of §§ 151.215 through 151.218, Public Facilities.

      (8)   The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare, or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use.

      (9)   The use is adequately served by sewer or septic system and water, as applicable.

      (10)   The structure complies with applicable building codes.

      (11)   Except where specifically authorized by the City Council, the length of time that the temporary structure may remain on a site shall not exceed 6 consecutive months or a total of 9 months in any one calendar year.

      (12)   The applicant has obtained and will maintain all required licenses and permits.

      (13)   Public health, safety, and welfare are protected through the installation of a water meter, if necessary, and other improvements, pursuant to §§ 151.215 through 151.218, Public Facilities, as necessary.

(Ord. 2021-08-02, passed 10-12-2021)