(A) Purpose and applicability. This section allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses comply with the standards in this section and are discontinued upon the expiration of a set time period. Temporary uses and special events are different from principal or accessory uses as they do not involve permanent alterations to the site or the construction or alteration of any permanent building or structure. The Development Director shall exercise the authority as established herein to determine whether a use, activity, or structure is temporary or permanent, with any appeals of decisions being heard by the Board of Zoning Appeals. This section shall have no application to mobile homes utilized for principal residential purposes pursuant to § 151.021.
(B) Table of allowed temporary uses, activities, and structures. The table below summarizes allowed temporary uses, activities, and structures and any specific regulations that apply in § 151.026(D) or in other portions of the Town Code. Temporary uses or structures not listed in the table are prohibited.
Temporary Structure | Permit Required? | Duration Limits? | Specific Regulations |
Construction dumpster | No | Yes | § 151.026(D)(1) |
Construction trailer | Yes | Yes | § 151.026(D)(2) |
Real estate sales office/model sales home | No | Yes | § 151.026(D)(3) |
Tent | Yes | Yes | § 151.026(D)(4) |
Temporary storage in a portable container | Yes (nonresidential) No (residential) | Yes | § 151.026(D)(5) |
Temporary structure (as part of an educational facility or institutional use) | Yes | Yes | § 151.026(D)(6) |
Temporary Uses or Activities | Permit Required? | Duration Limits? | Specific Regulations |
Temporary Uses or Activities | Permit Required? | Duration Limits? | Specific Regulations |
Garage, yard, or rummage sales | No | Yes | § 110.02 |
Charitable solicitations | Yes | No | |
Farmers markets | Yes | No | § 151.024 |
Peddlers and itinerant vendors | No | No | §§ 110.20 to 110.25 |
Special events | Yes | Yes | § 151.026(D)(7) |
Sidewalk sales and display events | No | Yes | § 111.05 |
Town square produce vending | Yes | Yes | § 151.026(D)(8) |
(C) General regulations for temporary uses and structures. All temporary uses, structures, or events shall:
(1) Obtain the appropriate permit(s) from the Town (as required);
(2) Not include permanent alterations to the site, a permanent building, or structure;
(3) Not violate the applicable conditions of approval from a Town board or commission that apply to a principal or accessory use on the site;
(4) Not be used to circumvent the outdoor display or storage regulations of § 151.025 that pertain to a principal or accessory use on the site;
(5) Not interfere with the normal operations of any permanent use (principal or accessory) located on the property;
(6) Be compatible with the principal uses taking place on the site;
(7) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
(8) Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
(9) Contain sufficient land area to allow the temporary use, structure, or event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands.
(D) Specific regulations for certain temporary uses and structures. In addition to the general regulations for temporary uses and structures, the following shall also apply, as applicable:
(1) Construction dumpster.
(a) The placement of a temporary construction dumpster or other trash receptacle within a public right-of-way, or other site owned by the Town, shall be subject to applicable standards in the Town Code.
(b) Temporary trash receptacles or dumpsters located outside of public rights-of-way on private property shall comply with the following standards:
1. Be associated with development for which a valid building permit has been issued, or applied for, from the Codes Division;
2. Be located to the side or the rear of the site, to the maximum extent practicable;
3. Be located on the same site, or in the same development, as the related construction;
4. When located within residential developments, be located as far as possible from developed lots containing existing residential dwellings;
5. Not be located within a floodplain or otherwise obstruct drainage flow;
6. Not be placed within 15 feet of a fire hydrant or within a required landscaping area;
7. Be located outside of any required tree protection fencing and the dripline of existing trees; and
8. Be located in a place where the delivery or pickup vehicle can access the dumpster via a permanent temporary gravel construction driveway.
(2) Construction trailer. Construction trailers may be permitted on a construction site without site plan approval, provided that the trailer is:
(a) Associated with development for which a valid building permit has been issued, or applied for, from the Codes Division. Construction trailers shall be removed from a construction site prior to the issuance of a certificate of occupancy or if the building permit becomes otherwise void.
(b) Located to the side or the rear of the site, to the maximum extent practicable.
(c) Located on the same site, or in the same development, as the related construction.
(d) Located outside of any required tree protection fencing and the dripline of existing tree.
(e) Sales, leasing, hiring for the principal use under construction, and residential uses are expressly prohibited in construction trailers.
(3) Real estate sales office/model sales home. One temporary real estate sales office or model sales home per builder or developer shall be permitted in a section or phase of a new residential or nonresidential development, provided that the use:
(a) Is located on a lot approved as part of a development.
(b) Is aesthetically compatible with the character of surrounding development in terms of exterior color, predominant exterior building materials, and landscape.
(c) Is operated by a developer or builder active in the same phase or section where the use is located. Common real estate home office functions include marketing, displaying interior or exterior finishes or options, and real estate transactions.
(d) Not used simultaneously as a residence and a real estate sales office/model sales home.
(e) The model home should be converted into a permanent residential use upon the substantial build-out of in section or phase of the development; however, the use of a residential structure as a real estate sales office/model sales home shall cease prior to the release of the development agreement for the section or phase of the development.
(4) Tents. Except for tents used exclusively for camping purposes, tents and membrane structures having an area in excess of 200 square feet, and canopies in excess of 400 square feet, shall:
(a) Obtain a permit from the Fire Marshal.
(b) Maintain a minimum clearance of 20 feet from all other structures and tents.
(c) A tent (or tents) shall not be erected on a lot in excess of 30 days within a calendar year, whether separate occurrences or a single occurrence.
(d) Not obstruct emergency vehicle access to adjacent lots or disrupt pedestrian circulation; and structures.
(e) The lot or site shall be restored to its original condition within two days of removal of the tent.
(5) Temporary storage in a portable shipping container. Temporary storage in a portable shipping container shall be permitted to serve an existing principal or accessory use, subject to the following standards:
(a) Residential uses. The overnight placement of any moving and/or storage structure, whether temporary or permanent and regardless of size, type or nature, in the paved or unpaved portion of any driveway, or any location on a lot, or in or on any road right-of-way is prohibited and unlawful. Notwithstanding the foregoing, a temporary moving and/or storage structure may be placed on the paved driveway portion of a parcel in conjunction with a bona fide move to or from the parcel resulting from a change in occupancy provided that, in no event, may the moving and/or storage structure remain on the premises for a period exceeding seven consecutive days. Only one placement of such a structure may occur on a parcel during each calendar year absent written proof being provided in advance to the Development Director or his/her designee that a bona fide additional move will occur during the same calendar year relative to the same premises. The Development Director or his/her designee may extend the maximum duration to 30 days if the temporary structure is being used in conjunction with a bona fide home remodeling project associated with an active building permit or other evidence requested by the Development Director.
(b) Nonresidential uses. A portable shipping container shall be located as follows:
1. Prior approval from the Codes Division is required prior to the containers being placed on the lot;
2. Containers shall not be within the front yard;
3. Containers shall not be within ten feet of any lot line or structure;
4. Containers shall not be placed in a manner that impedes ingress, egress, or emergency access; and
5. A container shall not be on an individual lot for more than 12 consecutive months. If the containers need to be on site for more than one year, or a frequently traded out that effectively leaves an area of a site dedicated to the storage of portable shipping containers, a conditional use permit (CUP) is needed to approve longer durations, or a permanent location devoted to portable shipping containers, and the location shall be shown on the site plan for the use.
(6) Temporary structures (as part of institutional uses). Temporary structures serving institutional uses shall comply with the following standards:
(a) Location.
1. Be located to the side or rear of the principal structure(s) and at least five feet from any other structure.
2. Be permitted within the building envelope but not within required off-street parking, open space set-aside, or required landscaping areas.
(b) Standards.
1. Use under skirting or other methods to prevent unauthorized access underneath the structure(s).
2. Incorporate evergreen shrubs planted around the base of the structure, each located at least five feet on-center, when visible from other developed lots or public rights-of-way.
4. Not be required to be compatible with the existing principal structure exterior colors or materials.
5. Sales, leasing, hiring, and residential uses are expressly prohibited in temporary structures associated with institutional uses.
(c) Approval and duration.
1. This use is permitted, if approved by the Development Director, and may remain on the site for no more than three years. This three year period may be renewed for up to two additional one year periods, for good cause shown, upon approval of a written request, submitted to the Codes Division at least 30 days prior to the expiration of the permit. In no event, however, shall such extensions allow the temporary structure to remain on the site for more than five years.
2. Following removal of a temporary structure, the area shall be restored to its original condition, including required trees and shrubs, unless the area is intended to accommodate new construction.
(d) Performance guarantee.
1. A development agreement or other form of performance guarantee may be required for any required screening or to guarantee that the structure is removed and the site is restored to its original condition.
(7) Special events. The intent of this is to assist the Town in providing and coordinating year-round gatherings for the public, known as special events, by ensuring events are both safe and meet the basic needs of participants. An event may be required to obtain Town approvals and permits for the purpose of determining compliance with the Zoning Code and to make provisions for adequate parking and traffic flow, sanitation, security, police, fire and safety protection. Special events have been divided into two classifications based upon their impact to Town property and services and their potential impact on the community.
(a) Class I Special Events.
1. A permit from the Special Events Committee is required in any of the following circumstances when a special event either:
a. Involves the use of Town property (parks, facilities, greenways, trails, public rights-of-way, and the like); or
b. Requires Town services that are deemed “non-basic” as defined in this section.
2. Applications shall be submitted to the Parks and Recreation Department no later than 60 days prior to the event. In these instances, notices shall be given to all affected departments so that they may determine their level of sponsorship. Events in which the Town participates as one of the organizers are not exempt from the requirement of obtaining applicable permits.
(b) Class II Special Events. Any special event that is on private property and does not require Town services (non-basic) shall be considered a Class II Special Event. Examples may include, but are not necessarily limited to, outdoor musicals, concerts, festivals, fairs, carnivals; outdoor races and other forms of competition and athletic events; air shows; equipment shows and promotional events; religious services, classes; meetings; and, parties, not otherwise exempted by this section.
1. Conditional use permit (CUP) required. A conditional use permit (CUP) per § 151.310 permit shall be required for any Class II Special Event which is expected to have over 250 people at any one time attending the event on private property (final attendance estimates may be determined by the Town); or is comprised of any series of related events held at a location on consecutive days, weekends, or dates that is expected to have a cumulative total of over 500 people attending during the course of a calendar year.
a. Exemptions. Regardless of attendance, the following special events are not classified as Class II Special Events and are not required to obtain a conditional use permit:
i. An event that is to be held within a permanent facility specifically approved and permitted for the proposed use or activity. Examples include, but are not limited to, church sanctuaries, country clubs, gymnasiums, assembly or performance halls, and conference centers.
ii. Funeral processions.
iii. Company picnics for nonprofit organization or business.
iv. Private outdoor events on the grounds of existing institutional properties, such as schools or churches that do not block driveways or required parking spaces. In such instances, the applicant may be asked to demonstrate an appropriate physical area for fire protection purposes, as well as appropriate sanitation facilities and road access.
v. An event, such as a neighborhood-wide garage sale or social gathering, that is to be conducted by a duly authorized residential property owner’s association, occurs entirely within the area of its jurisdiction, is arranged primarily for the benefit of association members and does not benefit any outside organization.
vi. An event, or recurring events, held at an outdoor place of public assembly specifically designed for the gathering together of persons for commercial, civic, or social functions, or recreation for food or drink consumption. Examples include, but are not limited to, sports stadiums, pools, athletic fields, outdoor amphitheaters or stages, outdoor dining areas or patios. To be eligible for this exception, the outdoor place of public assembly must be shown on a site plan approved by the Town.
vii. An event wholly contained on property owned by the state or Shelby County that does not have off-site impacts.
b. Applications. Shall be submitted to the Development Department no later than 60 days prior to the event.
(c) “Non-basic” Town services.
1. Special events often require Town services that are considered “non-basic” and beyond normal municipal services. When these non-basic services are required, the event shall automatically be classified as a Class I Special Event and reviewed by the Special Events Committee. If during the review process for a Class II Special Event it is discovered that “non-basic” Town services are needed, the event shall be reclassified as a Class I Special Event and referred to the Special Events Committee. In its review of a Class I Event, the Special Events Committee shall provide notices to all affected Town departments to determine their level of sponsorship. Fees shall be applicable for such services, which may include, but are not necessarily limited to the following:
a. Electrical service;
b. Onsite custodial support;
c. Garbage removal;
d. Traffic control/public safety presence;
e. Police security - after event hours;
f. Onsite stand-by fire personnel, and/or Fire Safety Inspectors; or
g. Onsite staff (for electrical or other problems after regular working hours).
2. Any Class II Special Event that does not meet the attendance threshold of a conditional use permit may still require one or more of the services listed above and therefore be reclassified as a Class I Event. Sponsors of these special events are responsible to notify the affected Town departments and pay appropriate fees.
(d) Permits may be required. In addition to special event permits or conditional use permits required by this section, other Town permits, inspections or other approvals may be required if the special event includes:
1. Structures to be built, such as booths, stands, and the like;
2. The use of a tent or canopy;
3. Any electrical hook up;
4. Amusement rides;
5. Charitable solicitations;
6. Signage that is visible off site;
7. The outdoor display or storage of goods; or
8. The sale of alcoholic beverages.
(8) Town square produce vendor. The sale of vegetables, fruit, and produce on the south side (North Rowlett) of the Town square shall be permitted, with the approval of the Development Director or his/her designee, pursuant to the following:
(a) Each growing season, a maximum of six Town square produce vendor permits shall be valid at any one time for the south side of the square/North Rowlett.
(b) The Development Department shall promulgate administrative procedures forms, and guidelines for Town square produce vendor permits, and shall annually track the permits issued and keep permanent public records.
(Ord. 2011-06, passed 4-25-11; Am. Ord. 2012-02, passed 4-9-12)