(a) Purpose. This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses or structures do not negatively affect adjacent properties, and provided that such uses or events are discontinued upon the expiration of a set time period. Temporary uses and structures shall not involve the construction or alteration of any permanent building or structure.
(b) General Standards for Temporary Uses and Structures. Temporary uses or structures shall:
(1) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
(2) Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
(3) Not include permanent alterations to the site;
(4) Not violate the applicable conditions of approval that apply to a site or use on the site;
(5) Not interfere with the normal operations of any permanent use located on the property; and
(6) Contain sufficient land area to allow the temporary use or structure to occur, as well as adequate land to accommodate the parking and traffic movement.
(c) Permitted Temporary Uses and Structures.
(1) Construction Structures. Temporary structures for construction operations may be permitted in any district if such structures are deemed necessary and approved as a conditional use. Such temporary structures for construction shall comply with the following:
A. The use of such structures shall be limited to offices, buildings for the storage of lumber, equipment, and other building material, as well as construction dumpsters.
B. Such construction structures shall be located on pavement or in a landscaped setting approved by the Planning Commission except that all construction dumpsters shall be located only a paved surface.
C. A temporary structure for a construction office may be placed on the site no sooner than two (2) weeks before the start of grading or construction and shall be permitted for a period of one year after issuance of the zoning certificate unless an alternative time limit is approved by the Planning Commission based on the scale of the project.
D. The structure shall not be located within a floodplain or in a location that will obstruct drainage flow.
E. The structure shall not block or prevent access to any fire hydrant.
F. All temporary structures for construction operations shall be removed within fourteen (14) days after the completion of work on the premises for which an occupancy permit has been issued or if construction is not pursued diligently. For residential subdivisions, the temporary construction structures shall be removed after the zoning certificate has been issued for the final dwelling.
G. Such construction structures shall be permitted in all districts, however, only construction dumpsters are permitted on individual lots with residential dwellings, in residential zoning districts. For such uses, the placement of a temporary construction dumpster shall be limited to thirty (30) consecutive days in any single calendar year.
(2) Portable Storage Units.
A. Portable storage units may be permitted in any zoning district as follows:
i. Such units may be used on construction sites, as construction structures, in accordance with Section 1109.02(c)(1).
ii. When the occupant of a property is relocating or renovating, a portable storage unit shall be located on a paved surface, on a private property for a period not to exceed thirty (30) consecutive days or fourteen (14) total days in any six-month period.
iii. The placement of any portable storage unit shall be in such a manner as not to create a public nuisance.
iv. For seasonal storage of goods or equipment, such as winter snow removal equipment or seasonal retail inventory, during such season.
B. A zoning certificate shall not be required for the placement of any portable storage unit.
C. Portable storage units shall not be used to store hazardous or explosive materials.
D. Portable storage units shall not be occupied or use for any housing use.
E. Electric cords or power lines shall not be extended to any portable storage unit.
(3) Temporary Sales Office and Model Homes. A temporary sales office/model home may only be located in a subdivision or multi-family residential development, its location shall be indicated on the subdivision plats or site plans, as applicable, and approved by the Planning Commission. The following provisions shall be met:
A. Up to two temporary real estate sales office or model dwelling unit shall be permitted in a section or phase of a new residential subdivision or in any one multi-family residential development.
B. The dwelling shall comply with all of the applicable standards of this code for the final residential use regardless of the temporary use as a sales or leasing office;
C. The sales office/model homes shall be operated by a applicant, builder, or sales agent active in the same phase or section where the use is located.
D. The sales office/model home shall be converted into a permanent residential use upon completion of construction and issuance of the permit for the last dwelling or for a period of time approved by the Planning Commission for multi-family residential developments.
(4) Temporary Outdoor Sales and Events. These regulations are intended to establish standards for limited duration agricultural, commercial, and civic activities (e.g., Christmas sales, pumpkin sales, landscape material sales, craft sales, grand openings and special events, etc.) that may be conducted outdoors, regardless if the activity is associated with the principal use or not. The intent is to prevent the creation of any nuisance or annoyance to the occupants of adjacent buildings, properties, and the general public.
A. A zoning certificate and submission of an applicable fee shall be required for all outdoor sales and events.
B. The zoning certificate must be issued prior to the commencement of any temporary use where the certificate is required.
C. Temporary outdoor sales and events may be subject to additional permits or inspections as required by any applicable law or regulation.
D. The following uses are permitted temporary outdoor sales and events, subject to the requirements of this section:
i. Retail sales of seasonal or holiday items (e.g., Christmas trees and pumpkins,);
ii. Parking lot sales, sidewalk sales (private sidewalks only), clearance sales or other temporary uses which, in the opinion of the Zoning Administrator, are similar to uses listed in this section;
iii. Grand opening and special events;
iv. Stands for the seasonal sale of refreshments; and
v. Other temporary uses which, in the opinion of the Zoning Administrator, are similar to the uses listed in this section.
vi. Temporary outdoor sales and events shall be limited to no more than forty-five (45) days per calendar year.
E. The Zoning Administrator may impose such conditions on a temporary zoning certificate as is necessary to meet the purposes of this section and protect the public health, safety, and welfare and adjacent uses. Conditions which may be imposed may include, but are not limited to:
i. Yard setback and open space requirements;
ii. Parking;
iii. Fences, landscaping walls or other screening;
iv. Signs;
v. Vehicular and pedestrian ingress and egress;
vi. Property maintenance during the course of the activity;
vii. Control of illumination, noise, odor, vibration or other nuisances; and
viii. Hours of operations.
F. All sites shall be completely cleaned of debris and temporary structures including, but not limited to: trash receptacles, signs, stands, poles, electrical wiring or any other fixtures and appurtenances or equipment connected therewith, within five days after the termination of the temporary use.
G. No area of public right-of-way may be used without obtaining approval from the Village Administrator.
H. All temporary structures including, but not limited to: greenhouses, trailers, tents, canopies, mobile homes, etc., shall conform to zoning setback requirements unless stated otherwise in this section.
(Ord. 2023-16. Passed 6-5-23.)