(A) Authorization. Subject to the limitations of this section, temporary uses as hereinafter specified are permitted in the zoning districts hereinafter specified.
(B) Definition. For the purposes of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
TEMPORARY USE. A structure or use that:
(a) Is established for a fixed period of time with the intent to discontinue the use upon the expiration of the time; and
(b) Does not involve the construction or alteration of any permanent structure.
(C) Certificate of compliance required: special standards for issuance and revocation.
(1) Certificate required. Except as provided in paragraph(D)(1) below, no temporary use shall be established or maintained unless a certificate of compliance evidencing the compliance of the use with the provisions of this chapter shall have first been issued in accordance with § 153.226 of this code.
(2) Basis for certificate denial. A certificate of compliance may be denied if the Administrative Official 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. A certificate shall be denied if the Administrative Official determines that the public health, safety or welfare would be, or may reasonably be expected to be, impaired by the issuance thereof.
(3) Conditions on certificate. A certificate of compliance may be conditioned upon special requirements as the Administrative Official may determine are necessary to achieve the purposes of this chapter and to protect the public health, safety and welfare.
(4) Revocation of certificate. A certificate of compliance shall be revoked if any of the standards and conditions imposed pursuant to this section, or the certificate, are violated.
(D) 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, craft, rummage, plant, and sidewalk sales, shows and exhibits.
(a) In any business district; provided, however, that any use shall require the specific prior approval of the Administrative Official 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; and
(b) No sale shall exceed a period of three days.
(2) Tents. In any district other than a residence district, in connection with any permitted, accessory, or temporary use, no tent shall be allowed to remain for a period of more than 14 days. In any residence district, in connection with any permitted, accessory, or temporary use, no tent shall be allowed to remain for a period of more than seven days. However, in connection with any special use in a residential district, no tent shall be allowed to remain for a period of more than 21 days. For the purposes of this subsection, the following definition shall apply unless the context clearly indicates or requires a different meaning.
TENT. Includes awnings or canopies extending more than 72 inches from the exterior wall of a building.
(3) Civic uses of public property. In any district, any civic use of any public building or property when authorized by the governmental agency owning or controlling the property; provided, however, that no certificate of zoning compliance shall be issued for the use unless the Administrative Official finds that the use shall impose no undue adverse effect on neighboring streets or property.
(4) Open air markets.
(a) In the B Business District; provided, however, that any use shall require the specific prior approval of the Administrative Official on the basis of the adequacy of the parcel size, parking and sanitation provisions, available utilities and traffic access, as well as the absence of undue adverse impacts on other properties; provided further that no use shall be permitted unless the Administrative Official also finds that the use will contribute directly to the preservation and enhancement of an attractive and active business district;
(b) The uses shall not be permitted at any location more than once in any seven-day period or for more than eight consecutive hours; provided, however, that a single certificate of compliance per calendar year may be issued for a recurring open air market; and
(c) Unless waived in writing by the Administrative Official, open air markets shall comply with the applicable district bulk, space and yard requirements of this chapter.
(5) Outdoor storage of construction materials.
(a) In any district, when accessory to a construction project on the lot for which a valid building permit exists; and
(b) The materials shall be kept in a neat, safe and secure condition so as not to constitute a nuisance or offense.
(6) Outdoor cafés.
(a) In the B Business District; provided, however, that any use shall require the specific prior approval of the Administrative Official on the basis of adequacy of public access provisions, public health safeguards, litter controls and the absence of undue adverse impact on other businesses in the area;
(b) No outdoor café shall be permitted to operate for more than 60 days in any calendar year nor during more than one calendar year in every four years as a temporary use;
(c) Outdoor cafés may be operated upon the village sidewalks if the Administrative Official determines that there is adequate sidewalk space for the operation of the café and that the use of the public way by pedestrians will not be unduly impeded; provided, however, that appropriate approvals and permits for use of public ways or other property of the village for this purpose are also obtained pursuant to Chapter 97 of the village code.
(7) Pop-up store.
(a) In the B Business District; provided, however, that any use shall require the specific prior approval of the Administrative Official on the basis of adequacy of the parcel size, parking and public access provisions, public health safeguards, litter controls and the absence of undue adverse impacts on other properties in the area;
(b) No pop-up store shall be permitted to operate for more than 60 days in any calendar year.
(E) Bulk, space and yard regulations. Temporary uses are not required to comply with the bulk, yard and space requirements applicable in the district in which the temporary use is located.
(F) Use limitations.
(1) General limitations. Every temporary use shall comply with the limitations made applicable to specified temporary uses by subsection (D) above. 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 Administrative Official in the certificate required by subsection (C) above, 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 that will result in an undue on-site or off-site threat to public safety. No temporary use shall be operated except in accordance with the restrictions and conditions as the Administrative Official may require in connection with the certification.
(4) Traffic. No temporary use shall be permitted if additional vehicular traffic reasonably expected to be generated by 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 the use would conflict with another previously authorized temporary use.
(6) Parking. Before approving any temporary use, the Administrative Official 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 the temporary use only if off-street parking is provided. No temporary use shall be authorized that would, in the opinion of the Administrative Official, unreasonably reduce the amount of off-street parking spaces available for use in connection with permanent uses located on the zoning lot in question.
(7) Additional conditions. Every temporary use shall, in addition, comply with, and the Administrative Official may impose, other conditions as may reasonably be necessary to achieve the purposes of this chapter or to protect the public health, safety and welfare.
(Ord. 1018, passed 6-22-2009; Ord. 1048, passed 11-15-2010; Ord. 1057, passed 2-22-2011; Ord. 1318, passed 10-24-2022)