Skip to code content (skip section selection)
The development standards set forth in this section shall apply to any temporary use.
A. Accessory Use: As determined by the zoning administrator, a temporary use shall be:
1. An accessory use in the zone where the use is proposed to be located, or
2. Compatible, in terms of character and intensity of use, with permitted or conditional uses allowed in such zone.
B. Owner Approval: The owner of the property where a temporary use is proposed shall provide a written statement authorizing the use.
C. Access: Specific areas shall be designated for ingress and egress of vehicular traffic and for patron admission, ensuring the safety of patrons, the exclusion of persons not entitled to entry, and the enforcement of state and local laws and ordinances. The adequacy of such areas shall be based upon the number of patrons reasonably expected to attend the temporary use.
D. Insurance: When deemed necessary by the zoning administrator for public health and safety reasons, a temporary use permit applicant shall provide liability insurance for benefit of the city. Such insurance shall:
1. Name the city as an insured.
2. Hold the city harmless from any claim arising from personal injury or property damage resulting from the temporary use.
3. Provide that the insurance shall not be canceled prior to giving the city at least ten (10) days' written notice of such cancellation.
E. Parking: Off street parking associated with the principal permitted or conditional use on the lot where the temporary use is located shall be made available for the temporary use. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
F. Time Limits: The duration of temporary use permits shall be as follows:
1. Auctions; garage/yard sales: Three (3) days (not more than 4 per year).
2. Temporary retail sales: Ten (10) days per calendar year on a given lot or parcel.
3. Fireworks stand: Thirty (30) days.
4. Christmas tree sales; motorized vehicle sales by a licensed dealer: Sixty (60) days.
5. Produce stand; farmers' market: Ninety (90) days.
6. Temporary construction or model home office: For the duration of construction activity so long as construction is diligently pursued and the offices are located on the property under construction or development.
7. Temporary dwelling: Six (6) months; provided the city council may grant one 6-month extension for good cause if such extension is requested before the expiration of the original permit. (Ord. 2013-10, 10-3-2013)
G. Trash Removal: All trash shall be removed and the temporary use site restored to its prior condition within seven (7) days after the temporary use has been concluded. In the case of temporary placement of a recreational vehicle for an immediate family member, occupant of the single-family residence and/or property owner shall be responsible for compliance with this subsection. (Ord. 2009-13, 10-1-2009)
H. Inspections: Authorized law enforcement officers, zoning enforcement officers, fire control officers, and other governmental personnel shall be permitted free access to the temporary use to make inspections to ensure compliance with the provisions of this section. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)