A. Authorization: Subject to the limitations of this section, temporary uses as hereinafter specified are permitted in the zoning districts hereinafter specified.
B. Definition: A "temporary use" is a use that:
1. Is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time; and
2. Does not involve the construction or alteration of any permanent structure.
C. Zoning Certificate Requirements; Issuance And Revocation:
1. Zoning Certificate Required: Except as provided in subsections D1 and D13 of this section, no temporary use shall be established or maintained unless a zoning certificate evidencing the compliance of such use with the provisions of this title shall have first been issued in accordance with section 12-3-3 of this title; provided, however, that permitted temporary uses of publicly owned or leased buildings and property, other than those included in subsection D13 of this section, shall be exempt from this requirement.
2. Basis For Certificate Denial: Such a zoning certificate may be denied if the zoning administrator determines that the applicant has failed to comply with the standards, conditions or terms of any previously issued zoning certificate for a temporary use or that the permanent use of the subject property fails to comply in all respects with the provisions of all village ordinances regulating the development, use and maintenance of the property. Such a zoning certificate shall be denied if the zoning administrator determines that the public health, safety or welfare would be, or may reasonably be expected to be, impaired by the issuance thereof.
3. Conditions Of Certificate: Such a zoning certificate may be conditioned upon such special requirements as the zoning administrator may determine are necessary to achieve the purposes of this title and to protect the public health, safety, and welfare.
4. Revocation Of Certificate: Such a zoning certificate shall be revoked if any of the standards and conditions imposed pursuant to this section, or such zoning certificate, are violated.
D. Permitted Temporary Uses: Subject to the regulations and time limits that follow, and to the other applicable regulations of the district in which the use is permitted, the following temporary uses, and no others, are permitted in the zoning districts herein specified: (2005 Zoning Code)
1. Garage Sales: In any residential district, but only in compliance with the following terms and conditions of title 4, chapter 11 of this code. (2005 Zoning Code; amd. 2016 Code)
2. Indoor And Outdoor Art, Craft And Plant Shows: In any business district; provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, traffic access and the absence of undue adverse impact on other properties. Any such sale shall be limited to a period not to exceed three (3) consecutive days. In addition to the foregoing, indoor and outdoor art, craft and plant shows shall be permitted in a residential district as part of a garage sale and subject to the garage sale regulations in subsection D1 of this section.
3. Sidewalk Retail Sales: In any business district; provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, traffic and pedestrian access and the absence of undue adverse impact on other properties. Any such sale shall be limited to a period not to exceed three (3) consecutive days.
4. Christmas Tree Sales: In any business or manufacturing district and, when conducted by a not for profit, religious, philanthropic or civic group or organization on property owned or leased by such group or organization; provided, however, that any such use shall be conducted solely by the officers, directors, members, and employees of any such group or organization, and any proceeds of such Christmas tree sales shall accrue solely to such group or organization; provided, further, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed forty five (45) days. Display of Christmas trees need not comply with the yard requirements of this title.
5. Contractors' Offices And Equipment Sheds: In any district when accessory to a construction project. No such use shall contain any sleeping or cooking accommodations. Such use shall be limited to a period not to exceed the duration of the active construction phase of such project.
6. Real Estate Offices, Including Model Units: In any district when such use is accessory to a new development. No such use shall contain any sleeping or cooking accommodations unless located in a model dwelling unit. Such use shall be limited to the period of the active selling or leasing of units or space in such development and to activities related to the development in which such office is located. No such office shall be used as the general office or headquarters of any firm.
7. Carnivals And Circuses: In any nonresidential district, but only when sponsored by a not for profit religious, philanthropic or civic group or organization; provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed ten (10) days. Such use need not comply with the yard requirements of this title except that structures or equipment that might block the view of operators of motor vehicles on any public or private street shall not be located in a manner that obstructs sightlines for vehicles traveling on adjacent public rights of way. Such use need not comply with the maximum height requirements of this title. The concessionaire responsible for the operation of any such carnival or circus shall:
a. Submit in advance of the event date a site layout displaying adequate ingress and egress routes for emergency vehicles and no dead end aisles; and
b. Provide for a thorough cleanup of the site upon termination of the event.
8. Sales Of Overstock, Seconds And Similar Goods In Districts Where Not A Permitted Use: In the M-1 and M-2 districts, when accessory to any use permitted or specially permitted in such district; but only in compliance with the following conditions:
a. Existing Inventory Only: No products shall be sold except such products as are manufactured, warehoused or distributed in the normal course of business of the principal use operated on the zoning lot in question. No products shall be brought in from other sources for purposes of the temporary sale.
b. No Outdoor Sales: Any area in which such a temporary retail use takes place, including the sale and display of products, shall be fully enclosed.
c. Number And Duration Of Sales Limited: Not more than four (4) such temporary uses shall be conducted on the same premises in any calendar year, or more than one such sale in any calendar quarter. In each calendar quarter, one such sale may be for a period of not more than three (3) successive days.
9. Tents: In any district, in connection with any permitted, accessory, temporary or special permit use no tent shall be allowed to remain for a period of more than four (4) days longer than the period during which the use with which it is associated is allowed to remain or, in the absence of any such period, ten (10) days. Unless waived in writing by the zoning administrator, every tent shall comply with bulk, yard and space requirements applicable to accessory uses.
10. Civic Uses Of Public Property: Any civic use of any public building or property when authorized by the governmental agency owning or controlling such property; provided, that no such use shall impose an undue adverse effect on neighboring streets or property.
11. Temporary Signs: See chapter 13 of this title.
12. Unique Events: In any district for a period not to exceed seven (7) consecutive days, subject to such conditions and security requirements as the zoning administrator determines are necessary. "Unique events" shall include motion picture, video and television filming.
13. Electrical Substations: In any district; provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of need and impact on surrounding properties.
14. Temporary Location Of Local Government Uses: The activities of units of local government and public school districts may be temporarily located in any nonresidential district, but only during periods of reconstruction, renovation or expansion of existing facilities for those activities at another location. No such temporary relocation shall be allowed without the prior approval by the corporate authorities by resolution duly adopted. The corporate authorities may, but shall not be required to, hold a public hearing prior to adoption of such approval resolution. Such approval by the corporate authorities shall be in lieu of any zoning certificate and shall be subject to the special standards contained in subsection C of this section and the use limitations contained in subsection F of this section, all as determined and imposed by the corporate authorities, in its sole discretion.
E. Bulk, Yard And Space Regulations: Except as expressly provided otherwise in subsection D of this section, every temporary use shall comply with the bulk, yard, and space regulations applicable in the district in which such temporary use is located.
F. Use Limitations:
1. General Limitations: Every temporary use shall comply with the use limitations applicable in the district in which it is located as well as with the limitations made applicable to specified temporary use by subsection D of this section. No temporary use shall be permitted in any district if it would have a significant negative impact, including aesthetic impact, on any adjacent property or on the area as a whole.
2. Hours And Days Of Operation: No temporary use shall be operated during any hours or on any days of the week except such as are designated by the zoning administrator, in the zoning certificate required by subsection C of this section, on the basis of the nature of the temporary use and the character of the surrounding area.
3. Public Safety: No temporary use shall be permitted unless the fire and police departments shall have first certified that such use will result in no additional, undue on site or off site threat to public safety. No temporary use shall be operated except in accordance with such restrictions and conditions as said departments may require in connection with such certification. If required by the zoning administrator, operator of the temporary use shall employ a fire watch team and appropriate security personnel.
4. Traffic: No temporary use shall be permitted if additional vehicular traffic reasonably expected to be generated by such temporary use would have undue detrimental effects on surrounding streets and uses.
5. Conflicts With Other Temporary Uses: No temporary use shall be permitted if such use would conflict with another previously authorized temporary use.
6. Parking: Before approving any temporary use, the zoning administrator shall make an assessment of the total number of off street parking spaces that will be reasonably required in connection with the proposed temporary use, on the basis of the particular use, its intensity, and the availability of other parking facilities in the area, and shall approve such temporary use only if such off street parking is provided. No temporary use shall be authorized that would, in the opinion of the zoning administrator, unreasonably reduce the amount of off street parking spaces available for use in connection with permanent uses located on the zoning lot in question.
G. Additional Conditions: Every temporary use shall, in addition, comply with, and the zoning administrator may impose, such other conditions as may reasonably be necessary to achieve the purposes of this title or to protect the public health, safety, and welfare. (2005 Zoning Code)