(A) Applicability. Authorized temporary commercial uses, including permitted locations, duration and number per year, and whether a zoning development approval is required, are as set forth in Table 153.1376(A) below.
Activity | Zoning Districts Where Permitted | Duration | Maximum Number Per Year for Lot or Parcel | Zoning Development Approval Required? |
Activity | Zoning Districts Where Permitted | Duration | Maximum Number Per Year for Lot or Parcel | Zoning Development Approval Required? |
Auctions | Any district | 3 days | 1 | No |
Christmas tree sales | RP, commercial or industrial districts | 60 days | 1 | Yes |
Fireworks stand | RP, CG | 30 days | 1 | Yes |
Office in a model home | Any district | Six months renewable by the Code Enforcement Officer for additional periods of not more than 6 months each | Not applicable | Yes |
Outdoor retail sales | CG, CL | 10 days | 4 | Yes, unless expressly shown on development plan |
Produce stand or farmers’ market (not applicable to permanent farmers’ markets in “D” (Downtown) district) | RP | 90 days | Not applicable | No |
Public assembly, including carnival, circus, festival, show, exhibit, outdoor dance, community fair, concert, or other enterprise of a similar nature | CG, D, IL, IH | 1 week | Not applicable | Yes |
Yard/garage sales | Any residential district | 2 consecutive days, limited to the daylight hours | 2, with an interval of at least 3 months between sales | No |
NOTES TO TABLE: RP = Resource Protection; CG = Commercial General; CL = Commercial Large-Scale; IL = Industrial Light; and IH = Industrial Heavy. | ||||
(B) Construction dumpsters. In all districts, the following requirements shall apply:
(1) No construction dumpster may impede pedestrian or vehicular access to and from adjoining properties or otherwise create an unsafe condition for pedestrian and vehicular traffic;
(2) Every construction dumpster shall clearly identify the owner of such dumpster and telephone number and shall be clearly labeled for the purpose of containment of construction materials only; and
(3) Every construction dumpster shall be routinely emptied so it does not create an unsightly or dangerous condition on the property resulting from the deposit, existence, and accumulation of construction materials.
(C) Construction-related uses. Temporary buildings, structures or construction dumpsters are permitted in any district in connection with and on the site of building and land development or redevelopment, including, but not limited to, grading, paving, installation of utilities and building construction, and such buildings or structures may include offices, construction trailers or construction dumpsters, storage buildings and signs.
(D) Public assembly. Temporary buildings, structures or tents, other than those used in conjunction with city functions, those proposed to be used for a period of three business days or less, or those proposed to be used as accessory structures in areas zoned for commercial and industrial uses may be used for public assembly (including carnivals, circuses and similar events) in any district subject to issuance of a zoning clearance development approval; provided that:
(1) No such building, structure or tent shall be permitted to remain on site for a consecutive period exceeding one week;
(2) Sufficient space for parking shall be provided on the site to meet the anticipated needs;
(3) Adequate provision shall be made for utility services;
(4) Such facility shall not be used between the hours of 10:00 p.m. and 10:00 a.m.; and
(5) No exterior amplifiers, speakers or other similar equipment shall be permitted outside of the temporary building, structure or tent.
(E) Yard/garage sales. Limited temporary outdoor sales, not to exceed ten days per calendar year, are permitted in all zoning districts. Yard/garage sales are a permitted use in all zoning districts. Items purchased elsewhere expressly for resale at a yard/garage sale are prohibited. Goods intended for sale shall not be stored or displayed in the front or side yards, except on the day or days of the sale. For purposes of this section, a YARD/GARAGE SALE means a public sale at which personal items are sold.
(Ord. 3020, passed 9-10-2013, § 7.90; Ord. 3025, passed 11-12-2013)