(A) Expansion or replacement of existing facilities.
(1) Purpose and scope. Factory-fabricated, transportable buildings that are designed to arrive at the site ready for occupancy (except for minor unpacking and connection to utilities), may be placed on land to serve as the following:
(a) Expansion space for existing religious institutions, health care facilities, and government offices, provided plans for the permanent expansion of the existing facilities have been submitted to and been approved by the city.
(b) Temporary classroom space to augment an existing public school.
(c) Temporary offices for construction and security personnel during the construction of a development for which the city has issued a building permit.
(d) Temporary quarters for nonresidential uses when the permanent building has been destroyed by a fire or other physical catastrophe, provided a building permit for the permanent facility is obtained within four months after approval of the temporary quarters. The Zoning Administrator may approve a written request for an extension of an additional 90 days for good cause shown. Failure to obtain a building permit within the time frame allowed will revoke approval for the temporary quarters.
(e) One temporary office per site to include, but not be limited to, the following uses: hiring, membership solicitation, multiple family development office/leasing, and other general office uses. The number of modular buildings housing such uses shall be limited to one, in addition to those already allowed by this section. Such modular buildings shall not be placed on the property prior to the issuance of a building permit.
(f) A temporary residence used for housing occupants of an on-site existing principal dwelling unit subject to casualty damage.
(2) Standards. In addition to meeting the general standards of § 164.05-05, General Standards for All Temporary Uses and Structures, all temporary structures approved in accordance with this section shall meet the following standards:
(a) Temporary structures allowed under § 164.05-06(A), Expansion or Replacement of Existing Facilities, may be located anywhere on site, except within the following areas:
1. Existing required landscaping or perimeter buffer areas;
2. Areas designated as future required landscaping areas whether or not vegetation currently exists; and
3. Other areas designated on the site for open space, vehicular use, or ingress/egress.
(b) In addition to any other off-street parking required on the site in accordance with § 166.06, Off-Street Parking and Loading, adequate off-street parking shall be provided for the temporary use;
(c) All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained prior to installation of the temporary structure; and
(d) The temporary structure shall be compatible with the existing buildings on the site in terms of exterior color.
(3) Duration.
(a) Temporary structures under this subsection may remain on the site for no more than 12 months. This period may be renewed for two 12-month periods, for good cause shown, upon approval of a written request for such extension, submitted to the Zoning Administrator, 30 days prior to the expiration of the temporary use permit. Except for temporary classrooms, in no event, shall the extension allow the temporary structure to remain on the site for more than two years.
(b) Temporary classrooms for use as part of an existing school may be allowed to remain on the site for longer than two years.
(B) Temporary storage in a portable shipping container, POD, or similar device. Temporary storage in a portable shipping container, POD, or similar device shall be subject to the standards in this section.
(1) To the maximum extent practicable, portable shipping containers shall not be located in the front yard.
(2) No portable shipping container shall be located within ten feet of any lot line.
(3) The on-site placement of a portable shipping container for temporary storage shall be allowed on an individual parcel or site for no more than 90 total days in any rolling 12-month period unless located on an active construction site or approved by the Building Official.
(4) Any portable shipping container, POD, or similar device used for storage between May 1st and December 1st shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(5) Any portable shipping container, POD, or similar device used for storage remaining more than 90 days shall be considered an accessory structure and be subject to all relevant building and zoning codes.
(6) The Building Official must approve the simultaneous placement of more than one portable shipping container per site.
(C) Sale/display of goods other than agricultural products. Merchants may display or sell goods in the city on a temporary basis without establishing a permanent place of business, subject to the standards of this section.
(1) Location.
(a) The outdoor display or sale of goods consistent with the provisions of § 164.04-05(F), Outdoor Display and Sales, is considered an accessory use and does not require a temporary use permit.
(b) All other sales/displays of goods (other than agricultural products) require a temporary use permit in accordance with § 162.03-12, Temporary Use Permit, and this subsection.
(2) Standards. A temporary use for the temporary display or sale of products shall comply with the following standards:
(a) The property contains an area that is not actively used that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing buffers, open space, landscaping, traffic movements, or parking space availability.
(b) The proposed display or sale of goods, products, or services for commercial purposes may not occur within 200 feet of a residential dwelling unit.
(c) A temporary display or sale of products, goods or services for commercial purposes shall be limited in scope to similar or complimentary products, goods, or services to those offered by the existing principal use located on the same site. The temporary sale of non-agricultural products, goods, or services that differ from the normal range of those offered by an existing principal use shall be prohibited.
(d) Tents and other temporary structures will be located so as not to interfere with the normal operations of any permanent use located on the property.
(e) Off-street parking is adequate to accommodate the proposed sale of products.
(f) The temporary sale of products will not cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services cannot be provided.
(g) The hours of operation of the temporary sale of products shall be from no earlier than 7:30 a.m. to no later than 10:00 p.m., or the same as the hours of operation of the principal use, whichever is more restrictive.
(3) Duration; sales per year.
(a) The temporary sale of non-agricultural products shall be allowed on an individual parcel or site for no more than 120 total days per calendar year.
(b) The number of temporary sales of products per site per calendar year shall not exceed three.
(Ord. 05-10, passed 3-23-10; Am. Ord. 27-13, passed 2-25-14; Am. Ord. 022-21, passed 9-14-21)