§ 153.034 TEMPORARY USES AND STRUCTURES.
   The purpose of this section is to effectively and promptly permit temporary uses and structures within the jurisdiction of the city.
   (A)   General provisions and standards. All temporary uses and structures shall meet the following conditions:
      (1)   The temporary use/structure shall comply with all county and state health requirements, which would be imposed upon a permanent use/structure on the same lot.
      (2)   No temporary use/structure shall be permitted to encroach on any required yard, sidewalk, setback, or easement as specified by the zone in which it is located.
      (3)   Adequate access and off-street parking facilities, which do not interfere with traffic movement on adjacent streets, shall be provided.
   (B)   Provisions for individual temporary uses and structures. Unless otherwise stated, the following temporary uses and/or structures may be permitted in any district, through the issuance of a temporary use permit.
      (1)   Temporary residence. A manufactured structure or recreational vehicle may be moved onto a lot and be used as a temporary residence in the event that an owner’s primary residence is undergoing temporary repairs or renovations, provided that the following conditions are met:
         (a)   The improvement location permit for the structure being built remains valid.
         (b)   The temporary residence is located on the same lot as the permanent residence.
         (c)   The temporary residence ceases to be used after a maximum of nine months. If a temporary residence is needed for longer than nine months, a special exception permit may be granted by the Board of Zoning Appeals. Said special exception permit shall not exceed 12 months. No extension for the special exception permit shall be granted.
         (d)   The temporary residence shall be vacated and removed from the premises within30 days from the expiration, or revocation, of the improvement location permit for the permanent structure, or within 30 days of the expiration date of the special exception permit, which ever occurs first.
      (2)   Temporary office. A manufactured structure may be moved onto a lot and be used as a temporary office as a result of: the construction of a project; unique employee training periods, office overcrowding, or other similar office shortage situations; or a natural disaster, provided the following conditions are met:
         (a)   The improvement location permit for the temporary structure remains valid.
         (b)   The temporary residence is located on the same lot as the permanent residence.
         (c)   The use of any temporary office shall not exceed six months. For temporary offices needed for a period longer than six months, a special exception permit may be granted by the Board of Zoning Appeals. Said special exception permit shall not exceed two years. Special exception permits for temporary offices may be extended once, for a period not to exceed one year.
         (d)   The temporary office shall be vacated and removed from the premises within 30 days from the expiration, or revocation, of the improvement location permit, or within 30 days of the expiration date of the applicable special exception permit.
         (e)   There may be more than one temporary office located on a lot, plot or tract of land, provided that each temporary office is issued, or otherwise included in, a special exception permit.
      (3)   Used as temporary classrooms. A temporary use permit may be issued for such a trailer in any district when it is erected accessory to a public use, semipublic use, or essential service.
         (a)   A temporary permit for trailers used as temporary classrooms shall be limited to a period not to exceed six months.
         (b)   If a trailer is to be used as a temporary classroom for a period exceeding six months, a temporary use permit shall only be approved when a special exception use permit has been issued pursuant to this chapter. The Planning Commission shall establish the expiration date of such temporary use permit.
      (4)   Christmas tree sales. No Christmas tree sales area shall exist for more than 60 days during any 12 month period of time. The fee for a temporary use permit shall not apply, provided that they are being sold by a non-profit organization as part of a fundraising activity. Otherwise, the fee for a temporary Christmas tree sales area shall be as prescribed by the official fee schedule.
      (5)   Roadside stands. Roadside stands may be permitted in a business district. No roadside stand shall exist for more than 60 days during any 12-month period of time. Said 60-day time period may be consecutive days, or separate events, provided that the total amount of time permitted does not exceed the 60-day time period for the year. The fee for temporary roadside stands shall be as prescribed by the official fee schedule. Farmer’s markets and festivals shall be excluded from these provisions.
      (6)   Fireworks stands. Strict compliance with the provisions of state fireworks laws is required. In addition, Fireworks stands are prohibited from being located in a residential zoning district, unless otherwise approved, in writing, by the Planning Director. The owner shall also comply with the requirements of the Clerk-Treasurer’s office, which includes but is not limited to: obtaining a surety bond, providing proof of insurance, paying a user fee.
      (7)   Temporary/portable storage unit. Temporary/portable storage units shall be permitted in any residential district, provided that they comply with the following minimum standards:
         (a)   Time limitation. No temporary/portable storage unit may be located on any site, in any residential district for a period longer than ten consecutive days from time of delivery to time of removal. At the end of such period, the temporary storage unit shad be moved off-site and shall not be returned for at least one month from the date it was removed.
         (b)   Number of units. No more than two temporary/portable storage units may be located on a lot of record at one time.
         (c)   Location. No temporary/portable storage unit may be located closer than ten feet to any property line. Under no circumstances may a temporary/portable storage unit be located within a public right-of-way.
         (d)   Removal. In the event of high winds or other adverse weather conditions in which such a structure may become a physical danger, the appropriate law enforcement officer may require the immediate removal of such temporary structure. In the event that a unit has been in place longer than the time period specified in (a) above, the Planning Director shall cause said structure to be removed. In any instance, all costs associated with the removal of a temporary/portable storage unit shall be the responsibility of the landowner.
         (e)   Use. No temporary/portable storage unit shall be used to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, or any illegal or hazardous material.
      (8)   Garage and yard sales. Garage and yard sales may be held at any given residential location up to three times per calendar year, for a maximum of three consecutive days each, and for a maximum of two consecutive weeks at a time. Garage and yard sales must be held during daylight hours. City officials may halt garage and yard sales if parking on public rights-of-way or trespassing on neighbors’ property becomes a problem. Persons holding garage and yard sales must comply with all signage rules in this code, including but not limited to § 153.038(P) concerning garage sale signs.
      (9)   Other similar uses deemed temporary by the Planning Director and conditioned upon any time period, conditions, and other safeguards for protection of neighboring properties as the Planning Director may deem necessary in her or his discretion.
(Ord. 4-2009, passed 3-9-09; Am. Ord. 8-2011, passed 4-11-11)