(a) Purpose. This section allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses 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 special events shall not involve the construction or alteration of any permanent building or structure.
(b) Permitted Temporary Uses and Structures Table. Table 1169.11-1: Permitted Temporary Uses and Structures summarizes allowed temporary uses and structures and any general or specific standards that apply. Temporary uses or structures not listed in the table are prohibited.
TABLE 1169.11-1: PERMITTED TEMPORARY USES AND STRUCTURES | |||
TEMPORARY USE OR STRUCTURE | ALLOWABLE DURATION (PER SITE) [1] | PERMIT REQUIRED | ADDITIONAL REQUIREMENTS |
Construction Dumpster | Until completion of construction | No | 1169.11(d)(1) |
Construction Office or Trailer | Until completion of construction | Yes | 1169.11(d)(1) |
Gravel Surface Parking Lots | Until issuance of an occupancy permit | No | 1169.11(d)(2) |
Real Estate Sales Office/Model Sales Home | While lots are for sale | Yes | 1169.11(d)(3) |
Seasonal Agricultural Sales | 90 days per calendar year | Yes | 1169.11(d)(4) |
Temporary Events on Private Property | 14 days per calendar year | Yes | |
Temporary or Mobile Food Sales | 90 days per calendar year | Yes | 1169.11(d)(5) |
Temporary Storage in a Portable Container | 45 days | No | 1169.11(d)(6) |
Temporary Structure for Institutional Use | 1 Year | Yes | |
NOTE: [1] The allowable duration is cumulative for all uses on a property. | |||
(c) General Standards for Temporary Uses and Structures. Temporary uses, structures, or events shall:
(1) Obtain a zoning permit, where required, pursuant to Table 1169.11-1: Permitted Temporary Uses and Structures.
(2) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.
(3) Be compatible with the principal uses taking place on the site.
(4) Not have substantial adverse effects or noise impacts on nearby residential neighborhoods.
(5) Not include permanent alteration to the site.
(6) Not maintain temporary signs associated with the use or structure after the activity ends.
(7) Comply with the sign and parking regulations of this Code.
(8) Not violate the applicable conditions of approval that apply to a site or use on the site.
(9) Not interfere with the normal operations of any permanent use located on the property.
(10) Contain sufficient land area to allow the temporary use, structure, or special 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.
(11) Be restricted to one temporary use per parcel; multiple temporary uses are not allowed on a single property.
(d) Specific Regulations for Certain Temporary Uses and Structures.
(1) Construction Dumpsters and Trailers.
A. Temporary construction dumpsters shall be permitted provided that the use is:
1. Located outside of the public right-of-way;
2. Located to the side or rear of the site, to the maximum extent feasible;
3. Located as far as possible from lots containing existing developments;
4. Not located within a flood plain or otherwise obstructing drainage flow; and
5. Not placed within five feet of a fire hydrant or within a required landscaping area or buffer yard.
B. Temporary construction trailers or temporary buildings used in conjunction with construction work shall be permitted provided that the use is:
1. Used during the period construction work is in progress and removed upon completion of construction work;
2. Located on the same site or in the same development as the related construction;
3. Not located within a required open space set-aside or landscaping area or buffer yard; and
4. Associated with development subject to a valid building permit.
(2) Gravel Surface Parking Lot.
A. A gravel surface parking lot may be permitted while a site is under construction but shall only be permitted in areas for parking as established in the approved site plan.
B. A solid surface or gravel access drive shall be provided so vehicles may access the parking lot from a public street.
(3) Real Estate Sales Office/Model Home. One temporary real estate sales office or model 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 platted lot;
B. Is aesthetically compatible with the character of surrounding development in terms of exterior color, predominant exterior building materials, and landscaping;
C. Is operated by a developer or builder active in the same phase or section where the use is located; and
D. Is removed or the model home is converted into a permanent residential use once all lots are sold.
(4) Seasonal Agricultural Sales. Seasonal agricultural sales, including the sale of such items as Christmas trees, pumpkins, seasonal produce, and similar agricultural products, may be permitted in any zoning district in accordance with the following standards:
A. The property contains an area not actively used that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, traffic movements, or parking-space availability.
B. The sale of goods shall not occur within the public right-of-way, or within 200 feet of a dwelling.
C. The range of goods or products available for sale shall be limited to non-processed products obtained primarily through farming or agricultural activities including, but not necessarily limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest products, including Christmas trees, and firewood; bees and beekeeping products; seafood; and dairy products.
D. The hours of operation of the seasonal sale of agricultural products shall be from 7:30 a.m. to 10:00 p.m., or the same hours of operation as a principal use on the same lot, whichever is more restrictive.
E. If located in a residential district, such sales shall be accessory to an established permitted nonresidential use in the district, and shall be located on the premises of such use.
(5) Temporary or Mobile Food Sales. Temporary or mobile food sales uses are permitted subject to the following minimum standards:
A. Proof of health and food safety permits and licenses shall be provided to the Zoning Commissioner.
B. City approval, including any required licenses or right-of-way use permits, are required when located on public property.
C. Temporary or mobile food sales uses may not be located on private property in such a manner to reduce required parking spaces below minimum parking standards as stipulated in Chapter 1175 Parking, Loading and Mobility Standards.
D. Temporary or mobile food sales shall not be located to obstruct vehicular or pedestrian access.
E. Adequate receptacles for trash collection shall be provided.
F. Temporary or mobile food sales shall not be located within any required landscape areas or buffer yards.
(6) Temporary Storage in a Portable Container. Temporary storage in a portable container shall be allowed to serve a permitted use provided it is placed on a paved surface.
(Ord. 7675. Passed 11-11-14.)