(A) Intent. Temporary uses shall be permitted in applicable zone districts by the grant of a temporary improvement location permit issued by the Administrator in accordance with the requirements of § 156.028.
(B) General provisions.
(1) The duration of the temporary period is stated in this section, provided, however, renewal of such permit may be requested. All time periods, listed in days or months, are considered to be consecutive.
(2) Temporary uses shall be subject to all the regulations of the applicable zone district.
(3) Adequate access and off-street parking facilities shall be provided which shall not interfere with traffic movement on adjacent streets.
(4) No public address systems or other noise producing devices shall be permitted in a residential district.
(5) Any floodlights or other lighting shall be directed upon the premises and shall not be detrimental to adjacent properties.
(6) The lot shall be put in clean condition, devoid of temporary use remnants upon termination of the temporary period.
(C) Permitted temporary uses. Within any zoning district, no temporary use shall be used or arranged or designed to be used except in conformance with the following rules and time limits:
(1) Mobile homes in single-family residential areas are subject to the provisions of § 156.028(I)(2): maximum use limited to one year with no renewals;
(2) Temporary office, model home, or model apartment and incidental signs thereof, both incidental and necessary for the sale, rental, or lease of real property in the zone district: maximum use limited to 18 months;
(3) Noncommercial concrete batching plant, both incidental and necessary to construction in the zoning district: maximum use limited to 18 months;
(4) Temporary portable storage units: maximum use limited to 90 days;
(5) Temporary building or yard for construction materials and equipment, both incidental and necessary to construction in the zone district: maximum use limited to 18 months;
(6) Parking lot designated for a special nonprofit event in zone district: maximum use limited to 30 days;
(7) Bazaars, carnivals, and other similar temporary uses: maximum use limited to ten days;
(8) Sale of Christmas trees, outdoor tent theater, sale of seasonal fruits, vegetables, or other goods from roadside stands, and tent sales: maximum use limited to 60 days;
(9) Parking of recreational vehicles for visitation: maximum use limited to seven days;
(10) Construction trailers as a temporary office during the period of construction and development: maximum use limited to 18 months; and
(11) Anything herein to the contrary, notwithstanding a recreational vehicle, may be temporarily parked or stored upon the grant of a temporary improvement location permit in the open in connection with the following:
(a) A public health program sponsored by a public health department;
(b) A program sponsored by any unit of government;
(c) A carnival or other public affair or function authorized by proper authority; and/or
(d) Other similar uses deemed temporary by the Board of Zoning Appeals and attached with such time period, conditions, and safeguards as the Board may deem necessary.
(D) Garage or yard sales.
(1) Location and duration. A garage or yard sale may be conducted two times in any one calendar year and no more than two consecutive days located in any R-1, R-1A, or R-2 District. Permits are required and can be obtained in the Clerk-Treasurer’s office at no charge. All other zoning districts are prohibited (see § 90.02(D)).
(2) Hours of operation. A garage or yard sale shall only be conducted during the hours from sunrise to sunset.
(3) Property for sale. All items of personal property sold at a garage or yard sale shall be owned by the owner or occupier of the premises or by a participant at the sale. Personal property for sale must not be property that has been acquired by the owner expressly for the purpose of resale.
(4) Removal of sale items and signs. All personal property exhibited for sale outside any structure during a garage or yard sale shall be removed from the outside and placed within a building immediately following the last day of such sale. All signs erected for such garage or yard sale shall likewise be removed.
(5) Requirement for a permit. No garage or yard sale shall be held without the owner or occupier of the premises having first obtained a permit for the sale. The permit shall be obtained through application to the Administrator who shall issue such permit without charge. The permit shall specify the address and date of the sale, and the permit must be clearly displayed at the site of the garage sale at all times.
(6) Number of permits required. Garage or yard sales that are organized and conducted by home owners’ associations (“HOA”) within the subdivision where the HOA is based only require one permit.
(E) Portable storage units.
(1) A portable storage unit (e.g., PODS) may be utilized as temporary on-site storage within the town districts when in compliance with the standards of this division (E). A portable storage unit shall never be utilized as a permanent accessory structure in any district. Any use of such units within the town districts not in compliance with this division (E) shall be unlawful.
(2) The owner, operator, and/or renter of the portable storage unit shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing, or other holes or breaks. When not in use, the portable storage unit shall be kept locked. The owner and operator of any lot on which a portable storage unit is placed shall also be responsible that no hazardous substances are stored or kept within the portable storage units.
(3) (a) A portable storage unit may be located on a residential lot within town zoning districts as follows:
1. For a period not exceeding seven days in duration from time of delivery to time of removal. Such units may not be located on any specific residential lot for a period of more than 14 total days in any 365-day-calendar period;
2. No more than two portable storage units may be located on any specific residential lot within town districts at one time (this includes units located on a multifamily residential lot). Such units are individually limited to the duration time period established herein; and
3. In residential districts, portable storage units shall generally be placed only in a driveway or, if alley access exists at the rear of the lot, in the rear yard.
(b) A portable storage unit may be located on a commercial lot within the town zoning districts as follows:
1. In the parking area of a commercial use provided any single portable storage unit may not be on any specific lot more than 30 days per calendar year, unless an appropriate extension is otherwise approved by the Zoning Administrator. Application for such extended duration shall be made in writing and filed with the Zoning Administrator and shall give sufficient information to determine whether such extended duration should be granted;
2. Under no circumstances shall any more than one portable storage unit be located on a commercial lot for a single business or tenant space at the same time; and
3. In commercial districts, portable storage units shall generally be placed only in the rear or side portion of a lot. Under no circumstances shall a portable storage unit be placed in an area fronting a street or road, or in the front parking lot of a commercial establishment. The placement of portable storage units in fire lanes, passenger loading zones, and commercial loading zones shall be strictly prohibited.
(c) Notwithstanding the time limitations set forth above, the portable storage unit shall be removed upon issuance of a certificate of occupancy or expiration of the building permit, whichever occurs first, provided a valid building permit has been issued for remodel, tenant finish, or other construction activity that requires on-site storage.
(d) A portable storage unit can not be located closer to an adjacent parcel than the required minimum side and rear yard setback for accessory uses in the district the unit is located. No portable storage unit shall be located in a public right-of-way. Such unit may not exceed eight feet, six inches in height, ten feet in width, or 20 feet in length. It shall be the obligation of the owner or user of such units to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the portable storage unit. Notwithstanding the time limitations set forth above, in the event of high winds or other weather conditions in which such unit may become a physical danger to persons or property, the appropriate law enforcement officers may require the immediate removal of such unit.
(e) In the event of fire, hurricane, or natural disaster causing substantial damage to the unit, the property owner may apply to the town for permission to extend the time that a portable storage unit may be located on the property. Application for such extended duration shall be made in writing and filed with the Zoning Administrator and shall give sufficient information to determine whether such extended duration should be granted. The Zoning Administrator shall determine whether or not to grant such extended duration and the length of such extension. In the event of an adverse decision by the Zoning Administrator, the applicant may appeal such decision to the Board of Zoning Appeals. In the event of such appeal, the decision of the Board of Zoning Appeals shall be final.
(4) Any portable storage unit may be removed by the town if the owner fails to remove such unit after having been notified to do so or if removed for safety reasons upon the direction of an enforcement officer for the town.
(a) Should the owner fail to remove the unit within ten days from the receipt of written notice of violation, the town shall remove the unit either by use of town personnel and equipment or by hiring an independent contractor. Upon town removal of the unit, town shall determine the cost of removal and issue a bill to the property owner at the address shown on the records of the County Treasurer. The bill shall be due and payable to the town within 30 days after the date of issuance of the bill.
(c) Should the property owner fail to pay a bill under § 156.999 within 30 days of the date of the issuance of the bill, the town shall certify to the County Auditor the amount of the bill plus any additional administrative cost amount incurred in the certification (additional administrative cost amount determined by statute). The County Auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the General Fund of the town as provided in I.C. 36-1-6-2.
(d) In addition to or in lieu of the penalty and remedy provided above or in any other section of the code, the town may bring a civil action to enjoin any person from violating a code provision or ordinance regulating or prohibiting a condition or use of property as provided in I.C. 36-1-6-4.
(Ord. 2014-26, passed 9- -2014) Penalty, see § 156.999