(A) Purpose. Regulation of portable structures such as temporary construction trailers, temporary use trailers and portable classrooms is intended to provide for unusual circumstances or the short term needs of the residents of the city, to preserve the quality of life in residential areas and to provide a review process that maximizes the safety and aesthetic appeal of the portable structures and temporary uses and minimizes the duration and intrusion of such structures.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) CONSTRUCTION TRAILER. A temporary building or structure used as a construction office for a project located on the same site during its construction.
(2) PORTABLE CLASSROOM. A manufactured structure not permanently attached to the ground, used on a temporary basis in conjunction with a permanent structure to provide educational services.
(3) PORTABLE NONRESIDENTIAL STRUCTURES. A building(s) or similar structure(s) designed for occupation which is not placed on a permanent foundation. The definition shall include construction trailers, portable classrooms, tents, trailers and any other uses which may be proposed for such structures.
(C) Permit process. A certificate of zoning plan approval shall be issued to the owner of the property by the Director of Land Use and Long Range Planning or designee after approval of a special permit by the Board of Zoning Appeals for any portable nonresidential structure. The Board of Zoning Appeals shall approve, disapprove or approve with conditions a special permit, based on a site plan and a narrative outlining the scope of use to be submitted by the applicant and owner of record of the property according to the rules of the Board of Zoning Appeals. In addition to the provisions of § 153.231(G)(3), the Board shall consider that the proposed structure be:
(1) Permitted in any zoning district provided the use of the structure is a permitted use in the zoning district or an accessory use as provided in § 153.074;
(2) Located on the site so as to provide safe access to the structure and be served by adequate parking;
(3) Screened from view and sensitively located and to show adherence to the standards of the community;
(4) Detailed in a dimensioned site plan to include a complete structure elevation, landscape plan and site lighting;
(5) Proposed for a limited period of time not to exceed one year. The duration of the proposed special permit shall be specified by the applicant and approved by the Board. Extension of the special permit for an additional limited period of time may be permitted by reapplication to the Board when reasonable progress toward a permanent structure is demonstrated. The Board shall base its decision on any extension request on the same criteria as the initial special permit.
(6) Detailed in a narrative noting the specific use proposed and the scope of the intended use; and
(7) Proposed in compliance with development standards with respect to parking and land- scaping.
(D) Exemptions.
(1) Construction trailers are not subject to a Special Permit review by the Board of Zoning Appeals and are permitted in nonresidential zoning districts provided:
(a) The location and footprint of the construction trailer is noted on the construction plans submitted and approved for the certificate of zoning compliance for the project;
(b) The construction trailer is used in conjunction with an approved construction project only during actual construction work; and
(c) The construction trailer is removed from the construction site upon completion of actual construction work or when construction has been discontinued for a period of 30 days or more.
(2) Construction trailers are not subject to a special permit review by the Board of Zoning Appeals and are permitted in residential zoning districts provided: A site plan approval is issued by the Zoning Administrator to show agreement between the municipality and residential developer as to the location of the construction trailer, and the installation of landscape screening in order to improve the visual appearance of the site if the trailer is not screened by existing natural vegetation.
(3) Tents are not subject to a special permit review by the Board of Zoning Appeals and are permitted in nonresidential zoning districts and nonresidential planned districts provided:
(a) A site plan approval is issued by the Zoning Administrator;
(b) The use for which the tent is proposed is a temporary accessory use to a permitted principal use on the same site; and
(c) The tent is approved by the Fire Department.
(d) Portable temporary buildings and trailers used in association with a seasonal business as defined in Chapter 116 of the Code of Ordinances are exempt from special permit requirements. A seasonal business permit, however, is required.
(4) Tents are not subject to a special permit review by the Board of Zoning Appeals and are permitted in residential zoning districts and residential planned districts provided:
(a) The tent is used as an accessory use to the residential use of the premises for such events as wedding receptions or private parties; or
(b) The tent is an accessory to a bona fide special event sanction or permitted by the city; and
(c) The tent is approved by the Fire Department.
(E) Fee. A non-refundable fee as set forth from time to time by ordinance shall be paid to the municipality for each application for a special permit for portable structures and temporary uses.
('80 Code, § 1184.08) (Ord. 101-90, passed 11-19-90; Am. Ord. 28-08, passed 5-19-08) Penalty, see § 153.999
Editor's Note:
A copy of the most recent ordinance establishing current city fees and service charges is available at city offices during normal business hours.