A. Definition: A "temporary use" is a use that:
1. Is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time; and
2. Does not involve the construction or alteration of any permanent structure.
B. Permit Requirements:
1. Permit Required; Exemptions:
a. Temporary uses of land may be permitted in any zoning district by the issuance by the zoning administrator of a temporary use permit, subject to the provisions of this section.
b. No temporary use shall be established or maintained unless a permit evidencing the compliance of such use with the provisions of this title shall have first been issued; provided, however, that permitted temporary uses of public owned or leased buildings and property shall be exempt from this requirement.
2. Application For Permit: An application for a temporary use permit shall be filed with the zoning administrator. The application shall include:
a. The name, address, and telephone number of the applicant.
b. The location and purpose of the temporary use requested and the requested starting and ending dates.
c. The written approval of the ownership or management of the shopping center, if such use is to be conducted within a shopping center.
d. Evidence or assurances that there has been or will be compliance with the conditions and requirements of this title.
3. Issuance Of Permit: Upon receipt of a complete and accurate application and upon determining that there is evidence of compliance with the conditions and requirements set forth in this title, the zoning administrator shall issue a temporary use permit.
4. Denial Of Permit: Such a permit may be denied if the zoning administrator determines that the applicant has failed to comply with the terms or conditions of any previously issued zoning certificate for a temporary use or that the permanent use of the subject property fails to comply in all respects with the provisions of all village ordinances regulating the development, use, and maintenance of the property. Such a certificate shall be denied if the zoning administrator determines that the public health, safety, or welfare would be, or may reasonably be expected to be, impaired by the issuance thereof.
5. Conditions On Permit:
a. Such permit shall be limited to the uses and time periods provided below and shall set forth any applicable conditions provided in this title.
b. Such a permit may be conditioned upon such special requirements as the zoning administrator may determine are necessary to achieve the purposes of this title and to protect the public health, safety, and welfare.
6. Display Of Permit: The permittee shall display the permit within plain view on the premises of the temporary use for the duration of the use.
7. Revocation Of Permit: Such a permit shall be revoked if any of the standards and conditions imposed pursuant to this section are violated.
C. Permitted Temporary Uses: Subject to the specific regulations and time limits that follow and to the other applicable regulations of the district in which the use is permitted, the following temporary uses and no others are permitted in the zoning districts herein specified:
1. Indoor and outdoor art and craft fairs, holiday themed festivals, farmers markets, rummage and plant shows; car shows, exhibits and sales in any commercial, business park or public and institutional buildings district; 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 market, festival, show, exhibit or sale shall be limited to a period not to exceed three (3) consecutive days up to sixty (60) days per calendar year.
2. Christmas tree sales: In any commercial district accessory to a permitted or conditional use; and when conducted by a not for profit religious, philanthropic, or civic group or organization on property owned or leased by such group or organization, in a residence or public and institutional buildings district; provided, however, any such use in a residence or public and institutional buildings district shall not exceed thirty (30) days and 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. Display of Christmas trees need not comply with the yard requirements of this title; except, that no tree shall be displayed within the "vision clearance triangle" defined in section 11-2-2 of this title.
3. Contractors' offices and equipment sheds: In any district 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.
4. Real estate offices, including model units: In any district 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.
5. Carnivals and circuses:
a. In any nonresidence district or residence or public and institutional buildings district on school, church or park property, 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 on other properties. Such use shall be limited to a period not to exceed one week. Such use need not comply with the yard requirements of this title; except, that structures or equipment that might block the view of operators of motor vehicles on any public or private street shall not be located within the "vision clearance triangle" defined in section 11-2-2 of this title. Such use need not comply with the maximum height requirements of this title.
b. The concessionaire responsible for the operation of any such carnival or circus shall:
(1) 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
(2) Provide fire extinguishers of a type and at site locations approved by the zoning administrator; and
(3) Provide and service refuse containers in the number and locations required by the zoning administrator; and
(4) Provide for a thorough cleanup of the site upon termination of the event; and
(5) Upon written notice from the zoning administrator, terminate the use of any amusement device or structure found by the zoning administrator to pose a threat to the public safety.
6. Tents: In any district, in connection with any permitted, accessory, temporary, or conditional use. No tent shall be allowed to remain for a period of more than sixty (60) days. Unless waived in writing by the zoning administrator, every tent shall comply with the time limits, bulk, space, and yard requirements applicable to accessory uses pursuant to sections 11-4-6 and 11-4-7 of this chapter.
7. Civic uses of public property: In a public and institutional buildings district, any civic use of any public building or property when authorized by the governmental agency owning or controlling such property; provided, however, that no such use shall impose an undue adverse effect on neighboring streets or property.
8. Sales of overstock, seconds and similar goods in districts where not a permitted use: In the I and BP districts when accessory to any use permitted or specially permitted in such district, but only in compliance with the following conditions:
a. Existing Inventory Only: No products shall be sold except such products as are manufactured, warehoused or distributed in the normal course of business of the principal use operated on the zoning lot in question. No products shall be brought in from other sources for purposes of the temporary sale.
b. No Outdoor Sales: Any area in which such a temporary retail use takes place, including the sale and display of products, shall be fully enclosed.
c. Number And Duration Of Sales Limited: Not more than three (3) such temporary uses shall be conducted on the same premises in any calendar year, or more than one such sale in any calendar quarter. In each calendar quarter, one such sale may be for a period of not more than three (3) successive days, including Saturday and Sunday, e.g., Friday, Saturday, and Sunday or Saturday, Sunday and Monday.
9. Display and sale of farm, garden or floral commodities: In any commercial district; provided, however, that such temporary uses are limited to ninety (90) days' duration, provides adequate ingress and egress from adjoining roadways and provides one off street parking space per seventy five (75) square feet of display area, with a minimum of three (3) spaces.
10. Shopping center sidewalk sales: In any commercial district; provided, however, that such sales do not exceed a cumulative total of ten (10) days per calendar year, are not held more than twice a year, and do not cover an area exceeding fifty percent (50%) of the width of any sidewalk within the center.
11. Sidewalk and outdoor restaurants: In any commercial district as an accessory use to a restaurant as a principal use; provided, however, that any such restaurant serving alcoholic beverages shall require a conditional use permit pursuant to chapter 3, article C of this title; and provided further, that any such restaurant serving alcoholic beverages shall have a six foot (6') fence surrounding the outdoor area, and that no ingress shall be permitted except through the principal use.
12. Food Trucks: Private residential events shall be exempt from the Temporary Use permitting and licensing requirements so long as the following standards are met:
a. The event is for a single day;
b. Is limited to only one (1) food truck;
c. Provides services to only those attending the event;
d. Is located or positioned such that said food truck does not obstruct traffic or utilities; and
e. Operates during the following hours of operation: Sunday through Thursday: 9:00 a.m. to 7:00 p.m.; and Friday and Saturday from 9:00 a.m. to 9:00 p.m.
D. Bulk, Space And Yard Regulations: Except as expressly provided otherwise, every temporary use shall comply with the bulk, yard, and space regulations applicable in the district in which such temporary use is located.
E. Use Limitations:
1. General Limitations: 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. Hours And Days Of Operation: No temporary use shall be operated during any hours or on any days of the week except such as are designated by the zoning administrator in the permit required by subsection B of this section, on the basis of the nature of the temporary use and the character of the surrounding area.
3. Public Safety: No temporary use shall be permitted unless the village fire and police departments shall have first certified that such use will result in no additional, undue on site or off site threat to public safety. No temporary use shall be operated except in accordance with such restrictions and conditions as said departments may require in connection with such certification. If required by the zoning administrator, the operator of the temporary use shall employ a fire watch team and appropriate security personnel.
4. Traffic: No temporary use shall be permitted if additional vehicular traffic reasonably expected to be generated by such temporary use would have undue detrimental effects on surrounding streets and uses.
5. Conflicts With Other Temporary Uses: No temporary use shall be permitted if such use would conflict with another previously authorized temporary use.
6. Temporary Signs: See section 11-6-10 of this title.
7. Parking: Before approving any temporary use, the zoning administrator shall make an assessment of the total number of off street parking spaces that will be reasonably required in connection with the proposed temporary use, on the basis of the particular use, its intensity, and the availability of other parking facilities in the area, and shall approve such temporary use only if such off street parking is provided. No temporary use shall be authorized that would, in the opinion of the zoning administrator, unreasonably reduce the amount of off street parking spaces available for use in connection with permanent uses located on the zoning lot in question.
8. Additional Conditions: Every temporary use shall, in addition, comply with, and the zoning administrator may impose, such other conditions as may reasonably be necessary to achieve the purposes of this title or to protect the public health, safety, and welfare. (Ord. 99-02, 1-7-1999; amd. 2011 Code; Ord. 2021-64, 9-16-2021; Ord. 2023-53, 9-7-2023)