Subject to the specific regulations and time limits that follow in Schedule 1268.03 and § 1268.03(a) through (i), and to the other applicable regulations of the district in which the use is permitted, the following temporary uses and structures, and no others, are permitted in the zoning districts herein specified:
Temporary Use or Structure | Allowable Duration | Districts
|
Temporary Use or Structure | Allowable Duration | Districts
|
Outdoor temporary sales other than seasonal | Not to exceed 30 total days in a calendar year | GC, HC, IF-1, IF-2, GI, and ITC Districts |
Seasonal outdoor temporary sales | 45 days, no more than two times per calendar year | GC, HC, IF-1, IF-2, GI, and ITC Districts |
Residential garage and yard sales | Limit of three consecutive days per occurrence and no more than three occurrences per calendar year. | All districts(a) |
Institutional use rummage sales | Limit of three consecutive days per occurrence and no more than one occurrence per calendar year. | All districts(c) |
Tents | No more than 14 days in any 90-day period | All districts |
Festivals | No more than four days in any 90-day period | PF, GC, HC, OR, IF-1, IF-2, GI and ITC Districts |
Portable storage units not used on conjunction with a construction project | One 14-day period per calendar year | All districts |
Temporary structure (as part of an educational or institutional use) | Two years(b) | All districts |
Real estate/model sales offices | Until completion of the sale or leasing of all units | All districts |
Construction dumpster, trailers, or personal storage unit used in conjunction with a construction project | Until completion of construction | All districts |
Mobile retail food establishment | One nine-month period per calendar year, when parked/placed for no more than 16 hours per day | PF, GC, HC, OR, IF-1, IF-2, GI, and ITC Districts |
Notes (a) Must occur in conjunction with a Residential Use only. | ||
(b) Annual extensions may be granted by the Building, Planning & Zoning Manager if conditions warrant. | ||
(c) Must occur in conjunction with an Institutional Use only. | ||
(a) Outdoor Temporary Sales.
(1) Seasonal outdoor temporary sales.
A. Seasonal products are limited to live or cut flowers, plants, produce and trees;
B. Any such use shall require prior approval of the Building, Planning & Zoning Manager on the basis of the adequacy of the parcel size, parking provisions, traffic, access, obstruction of right-of-way visibility form vehicles, and the absence of undue adverse impact on other properties;
C. Products need not be located within a covered area, but the area in which they are sold must be a designated area;
D. A tent may be erected during the sales period, provided the structure occupies 800 square feet or less in ground space, is located out of the right-of-way, and is approved by the Building, Planning & Zoning Manager;
E. No required off-street parking or loading area shall be utilized for display, storage, or sales.
(2) All other outdoor temporary sales.
A. Any such use shall require prior approval of the Building, Planning & Zoning Manager on the basis of the adequacy of the parcel size, parking provisions, traffic, access, obstruction of right-of-way visibility from vehicles, and the absence of undue adverse impact on other properties;
B. Sales are limited to those conducted by the owner/occupant of the principal use on the premises;
C. Products need not be located within a covered area, but the area in which they are sold must be a designated area;
D. A tent(s) may be erected during the sales period, provided the combined area does not exceed 1,500 square feet, is located out of the right-of-way, and is approved by the Building, Planning & Zoning Manager;
E. No required off-street parking or loading area shall be utilized for display, storage, or sales.
F. Up to four festive devices may be used during the sales period. Such devices shall not be placed in the public right-of-way.
(b) Residential Garage and Yard Sales, Institutional Use Rummage Sales.
(1) Residential garage and yard sales must be limited to the personal possessions of the owner-occupant of the single-family dwelling units at which such sale is being conducted.
(2) Residential garage and yard sales are exempt from the permit requirements of § 1268.02.
(3) Institutional use rummage sales must occur wholly on the premises of an institutional use, and must be limited to the sale of personal possessions of members and participants of the organization or institution which is holding the rummage sale.
(4) An institutional use rummage sale that occurs wholly within an enclosed permanent principal or accessory structure is exempt from the permit requirements of § 1268.02.
(5) An institutional use rummage sale that occurs in whole or in part outside of a wholly enclosed principal or accessory structure requires a permit per § 1268.02.
(c) Tents.
(1) Must be in connection with a use that is a permissible permitted, accessory or temporary use on the parcel upon which the tent is located.
(2) Unless waived in writing by the Building, Planning & Zoning Manager, every tent shall comply with the area requirements of the district in which it is located and shall comply with such additional conditions as the Building, Planning & Zoning Manager may determine necessary to address the nature of the use proposed for the tent, projected traffic generation and other short-term impacts upon surrounding properties.
(d) Festivals.
(1) Any such use shall require prior approval of the Building, Planning & Zoning Manager on the basis of the adequacy of the parcel size, parking provisions, traffic, access and the absence of undue adverse impact on other properties.
(2) Such use need not comply with the front yard requirements of the district in which it is located; however, no structures or equipment may encroach into areas which obstruct the view of operators of motor vehicles on or to public rights-of-way.
(e) Portable Storage Units.
(1) Portable storage units are limited to enclosed units designed for permanent or temporary storage which can be transported by vehicle and left on site.
(2) May be no more than eight feet in width and eight feet in height and no more than 16 feet long.
(3) No portable storage unit shall be used for human or animal occupancy.
(4) Must be located on a paved surface.
(5) No more than one portable storage unit shall be permitted on any parcel at any time.
(f) Temporary Structure as Part of an Education or Institutional Use. Must be in connection with an education or institutional use on the parcel upon which the structure is located.
(g) Real Estate and Model Sales Offices.
(1) Model units including real estate offices, are permitted in any district when an accessory use to a new development, and may be located in an approved permanent or temporary structure.
(2) Must be in connection with a new development on the parcel upon which the structure is located.
(3) No such use shall be used for sleeping accommodations.
(4) 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.
(5) No such office shall be used as the general office or headquarters of any firm.
(h) Construction Dumpster, Trailers, or Storage.
(1) Contractor's offices and equipment sheds are permitted in any district when accessory to a construction project.
(2) Must be in connection with a construction project on the parcel upon which the dumpster, trailer, or storage is located.
(3) No such use shall contain any sleeping accommodations.
(4) No such office shall be used as the general office or headquarters of any firm.
(i) Mobile Retail Food Establishment.
(1) Whether a mobile food service operation is open to the general public or is limited to use by occupants of the parcel upon which it is located is determined by the arrangement made between the mobile retail food establishment operator and the owner of the parcel upon which the mobile retail food establishment is located.
(2) No more than one mobile retail food establishment is permitted as-of-right on a parcel. Additional mobile food establishments may be established on a parcel only upon conditional use approval.
(3) These provisions do not preclude other temporary retail food-related operations from being established pursuant to a Zoning Certificate issued for a "Outdoor temporary sales other than seasonal," "Seasonal outdoor temporary sales," or "Festival" use.
(4) A mobile retail food establishment must be located on a paved surface.
(5) If located in an off-street parking area, a mobile retail food establishment may not be parked in any designated drive aisles, loading areas, emergency areas, or other areas where vehicular parking is not typically permitted, and may only utilize a quantity of parking stalls which are in excess of that which is required by Schedule 1258.04 for the principal use or uses of the lot.
(6) A mobile retail food establishment may not connect to any permanent utilities on the lot upon which it is located.
(7) Operations occurring at a mobile retail food establishment shall be limited to those which are not objectionable to the enjoyment, use and safety of surrounding areas by way of odor, dust, smoke, gases, vapor, noise, light, vibration, or refuse.
(8) A mobile retail food service operation must provide a covered, portable trash receptacle to be located within five feet of the vehicle or portable structure.
(9) Signage. Signage used in conjunction with a mobile retail food establishment is limited to:
A. That which is attached to and does not extend beyond the boundaries of the mobile food service structure or vehicle; and
B. One sandwich board sign that is located within five feet of the vehicle or portable structure.
(Ord. 12-64. Passed 3-12-13; Ord. 16-62. Passed 12-13-16; Ord. 20-24. Passed 3-10-20; Ord. 20-69. Passed 11-10-20.)