A. Authorization: Subject to the general regulations set forth herein, the specific regulations and time limits set forth for each temporary use, and all other applicable regulations of the district in which the temporary use is located, the temporary uses set forth below, and no others, shall be permitted in the zoning districts.
B. General Regulations:
1. No temporary use shall be permitted in any district if it would have a significant negative impact, including aesthetic impact, on any adjacent property or on the area, as a whole, in which it is located.
2. No temporary use shall be permitted that causes or threatens to cause an on site or off site threat to the public safety.
3. No temporary use shall be permitted if the additional vehicular traffic reasonably expected to be generated by such temporary use would have undue detrimental effects on surrounding streets and uses.
4. No temporary use shall be permitted if such use would conflict with another previously authorized temporary use.
5. Signs shall be permitted only in accordance with the provisions of chapter 11, "Signs", of this title.
6. Except as expressly provided otherwise, every temporary use shall comply with the regulations applicable in the district in which such temporary use is located.
7. Every temporary use shall comply with any such other conditions as may be imposed by the zoning administrator designed to be reasonably necessary to achieve the purposes of this title or to protect the public health, safety, and welfare.
C. Temporary Uses Permitted:
1. Vendors' Carts And Stalls: In any commercial district, vendors' carts and stalls may be permitted provided that the cart or stall is accessory and adjacent to a use in a commercial district. Each cart or stall shall be located between the principal building and a public right of way and may not block a driveway or other point of emergency vehicular access to any property.
2. House, Apartment, Garage, And Yard Sales: In any residential district, house, apartments, garage and yard sales may be permitted but only when limited to the personal possessions of the owner-occupant of the dwelling unit at which such sale is being conducted. Such use shall be limited to a period not to exceed three (3) consecutive days, and no more than four (4) such sales shall be conducted from the same residence in any twelve (12) month period.
3. Christmas Tree Sales: In any district other than a residential district, Christmas tree sales may be permitted provided, however, any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed forty five (45) days. Trees remaining on hand after December 25 shall be removed from the premises no later than December 31 of the same year.
4. Temporary Contractors' Offices And Equipment Sheds: In any district, temporary contractors' offices and equipment sheds may be permitted when accessory to a construction project. No such use shall contain any sleeping or cooking accommodations. Such use shall be limited to a period not to exceed the duration of the active construction phase of such project.
5. Real Estate Offices, Including Model Units: In any district, real estate offices, including model units may be permitted when accessory to a new development. No such use shall contain any sleeping or cooking accommodations unless located in a model dwelling unit. Such use shall be limited to the period of the active selling or leasing of units or space in such development and to activities related to the development in which such office is located. No such office shall be used as the general office or headquarters of any firm.
6. Indoor And Outdoor Art, Craft, And Plant Shows, Exhibits, And Sales: In any district other than a residential district, indoor and outdoor art, craft and plant shows, exhibits and sales may be permitted provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Every such sale shall be limited to a period not to exceed three (3) days.
7. Farm Product Sales: In any nonresidential district, farm product sales may be permitted but only in accordance with the following provisions:
a. Open Air Market: Such farm product sale shall use no permanent structures.
b. Goods Or Wares Limited: No product may be exhibited or offered for sale except the following:
(1) Fresh (never having been frozen or packaged), dairy goods, fruits, vegetables, juices, flowers, plants, herbs, and spices produced or grown by the vendor; and
(2) Baked goods made by the vendor.
c. Number And Duration Of Sales Limited: Not more than one such farm product sale shall be conducted on the same premises in any seven (7) day period. Every such sale shall be limited to a period not to exceed eight (8) consecutive hours. (Ord. Z-8-98, 9-21-1998)
8. Carnivals And Circuses: In any district, carnivals and circuses may be permitted but only when sponsored by a not for profit religious, philanthropic, or civic group or organization; provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact, including noise, on other properties. Such use shall be limited to a period not to exceed five (5) days in any residential district or on any lot abutting any one of these districts or ten (10) days on any other lot. No such use shall be permitted to operate after eleven o'clock (11:00) P.M. or such other time as may be established by the zoning administrator. The concessionaire responsible for the operation of any such use shall:
a. Submit in advance of the event date a site layout displaying adequate ingress and egress routes for emergency vehicles and no dead end aisles; and
b. Provide fire extinguishers of a type and at site locations approved by the zoning administrator; and
c. Provide and service refuse containers in the number and locations required by the zoning administrator; and
d. Provide for a thorough cleanup of the site upon termination of the event; and
e. Upon written notice from the zoning administrator, immediately terminate the use of any amusement device or structure found by the zoning administrator to pose a threat to the public safety. (Ord. Z-12-12, 5-21-2012)
9. Sidewalk Sales: In any commercial district, sidewalk sales may be permitted when organized as an area wide sidewalk sale with all merchants on all abutting lots zoned in the same district, but no more than four (4) such sales shall be permitted in any twelve (12) month period and no such sale shall be permitted for a period in excess of two (2) successive days.
10. Tents: In any district, tents may be permitted in connection with any permitted, accessory, temporary, or conditional use. All tents shall be constructed of fire retardant material and erected securely. Guywires, stakes, or other supports shall be clearly marked and secured. No tent shall be allowed to remain for a period of more than two (2) days longer than the period during which the use with which it is associated is allowed to remain or, in the absence of any such period, ten (10) days. Unless waived by the zoning administrator, every tent shall comply with the bulk, yard, and space requirements applicable to district in which it is located. (Ord. Z-8-98, 9-21-1998)
11. Storage Containers: In any residential district, storage containers, including dumpsters, modular storage devices, and other containers designed to be delivered to a location for temporary outdoor storage of waste or personal property and to be subsequently removed for disposal or storage at another location, may be delivered to and used on any zoning lot, subject to the following conditions and restrictions:
a. Each storage container must be removed and carried away not more than thirty (30) days after the date that it is delivered to the zoning lot, unless the director of community and economic development authorizes a longer period as a condition of a building permit issued for work to be performed on the zoning lot;
b. Each storage container must be delivered to a location on the zoning lot improved with a hard paved surface or a similar surface acceptable to the director of community development;
c. Not more than one storage container may be left on a single zoning lot at any one time, unless the director of community and economic development authorizes a greater number of storage containers as a condition of a building permit issued for work to be performed on the zoning lot; and
d. Storage containers may not encroach on any public right of way or other public property, including, without limitation, any public alley, street, sidewalk, or curb.
12. Temporary Classroom Structures: In any district on zoning lots where the principal use is a public or private elementary, middle, or high school, a temporary classroom structure may be installed, subject to the following conditions and restrictions:
a. A zoning certificate issued by the City authorizing the temporary use of a temporary classroom structure must be obtained prior to the construction and/or placing of a temporary classroom structure on an eligible zoning lot.
b. All building permits required by State law must be obtained prior to constructing and/or placing a temporary classroom structure on an eligible zoning lot.
c. Each temporary classroom structure must be removed within 12 months after the date it is constructed or placed on an eligible zoning lot; provided, however, the director of community and economic development may authorize the temporary classroom structure to remain on the zoning lot for a longer duration if necessary due to a construction project on the zoning lot that is being diligently pursued to completion.
d. Each temporary classroom structure must be installed in a location on the zoning lot improved with a dust-free hard paved surface or a similar surface acceptable to the director of community and economic development, but shall not reduce, block, or otherwise interfere with parking lot drive aisles, or reduce the number of off-street parking spaces below the minimum number required by this code.
e. Not more than two temporary classroom structures may be placed on a single zoning lot at any one time, unless the director of community and economic development authorizes a greater number of temporary classroom structures if necessary due to a construction project on the zoning lot that is being diligently pursued to completion.
f. The total combined area of temporary classroom structure(s) on a single lot may not exceed five percent of the gross floor area of the school building footprint.
g. Temporary classroom structures may not encroach on any public right of way or utility easement, including, without limitation, any public alley, street, sidewalk, or curb.
h. Temporary classroom structures may not exceed 15 feet in height as measured from grade to the highest point of the roofline.
13. Temporary Commercial Mobile Radio and Wireless Telecommunications Service Facilities:
a. Eligible Circumstances: The installation and use of one temporary commercial mobile radio and wireless telecommunications service facility is permitted only (i) on the same zoning lot where a lawfully established existing permanent commercial mobile radio and wireless telecommunications facility is located; (ii) where there is an additional, separate primary principal use; and (iii) when the temporary facility is necessary in order to maintain continuous operation and mobile radio and wireless telecommunications service during an active construction or maintenance project on the lot.
b. Certificate and Building Permit Required:
(1) A zoning certificate issued by the City authorizing the temporary facility must be obtained prior to the construction or installation of a commercial mobile radio and wireless telecommunications service of a facility on an eligible zoning lot. The application for the zoning certificate must include a statement, signed by the applicant, acknowledging and agreeing to comply the regulations set forth in this Section 12-8-11.C.13 and agreeing to immediately remove and cease operating the temporary facility upon written notice from the City of any violation of these regulations.
(2) All required building permits must be obtained prior to constructing or installing a temporary commercial mobile radio and wireless telecommunications service facility on an eligible zoning lot.
c. Duration: A temporary commercial mobile radio and wireless telecommunications service facility may be located on an eligible zoning lot for a maximum of three months, which period shall begin upon the final inspection and approval of the installation by the City Building Division. The temporary facility must be removed in its entirety by the end of the three-month period. The zoning administrator may grant one extension of no more than three months in order to allow the maintenance or construction project that necessitated the installation of the temporary installation to be diligently pursued to completion. Under no circumstances will a temporary commercial mobile radio and wireless telecommunications service facility be allowed to be installed for more than six months.
d. Location: A temporary commercial mobile radio and wireless telecommunications service facility must be positioned as close to the location of the permanent commercial mobile radio and wireless telecommunications service facility as possible.
e. Construction Requirements: A temporary commercial mobile radio and wireless telecommunications service facility must meet all of the requirements set forth in this subsection E of Section 12-8-5:
(1) A freestanding temporary commercial mobile radio and wireless telecommunications service facility may not exceed one hundred twenty five feet (125') in height; and
(2) A freestanding temporary commercial mobile radio and wireless telecommunications service facility may be located only on a zoning lot with a non-residential principal use.
f. Enforcement; Fines:
(1) Violations: Except as otherwise provided in this Section, any violation of the provisions of this Section 12-8-11.C.13 will be enforced in accordance with Chapter 4 of this Code.
(2) Fines: Any person convicted of violating this Section 12-8-11.C.13 will be subject to a fine of one thousand five hundred dollars ($1,500.00) per offense. Each day that a violation is permitted to exist after notice of the violation constitutes a separate offense. (Ord. M-7-16, 3-7-2016; amd. Ord. Z-24-22, 8-1-2022; Ord. Z-8-23, 5-1-2023)