(A) Temporary use permit application.
(1) Any person, firm or corporation desiring to obtain a temporary use permit, as required by this Code, shall file a written application with the Zoning Administrator on a form provided by the village.
(2) The Zoning Administrator shall grant temporary use permits for those uses listed below so long as he or she determines that the proposed use, complies with the requirements of this section and this Code. Unless expressly provided in this section, every temporary use or structure shall comply with the bulk requirements applicable in the district in which it is located.
(3) Temporary uses not specifically listed here shall require the specific approval of the Village Board. Unless otherwise limited, temporary uses may be allowed in any zoning district, provided that it is consistent with the purpose and intent of this Code and the zoning district in which it is located.
(4) Every temporary use shall comply with this Code and all local regulations. The Zoning Administrator or Village Board may impose other conditions, as part of the temporary use permit approval, as necessary to achieve the purposes of this Code, and to protect the public health, safety, comfort, convenience and general welfare. No temporary use shall be permitted in any district if it would have a significant negative impact on any adjacent property or on the area as a whole.
(B) General provisions. Every temporary use shall comply with all the requirements listed below.
(1) No temporary use shall be permitted that causes, or threatens to cause, an on-site or off-site threat to the public health, safety, comfort, convenience and general welfare.
(2) Every temporary use shall be operated in accordance with such restrictions and conditions as the Fire Department may require. If required by the village, the operator of the temporary use shall employ appropriate security personnel.
(3) No temporary use shall be permitted if the additional vehicular traffic reasonably expected to be generated by such use would have undue detrimental effects on surrounding streets and uses. No temporary use shall block handicapped or fire lanes.
(4) No temporary use shall be authorized that would unreasonably reduce the amount of parking spaces available for use in connection with permanent uses located on the lot in question. The Zoning Administrator may make an assessment of the total number of parking spaces that will be reasonably required in connection with a proposed temporary use, on the basis of the particular use, its intensity and the availability of other parking facilities in the area. The Zoning Administrator shall approve the temporary use only if such parking spaces are provided.
(5) No temporary use shall be permitted if it conflicts with another previously authorized temporary use.
(C) Permitted temporary uses.
(1) Carnival/circus. Carnivals/circuses shall be evaluated on the basis of the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact, including noise, on other properties. These uses need not comply with the yard requirements and the maximum height requirements of this Code. The concessionaire responsible for the operation of any such use shall:
(a) Submit, in advance of the event, a site layout displaying adequate ingress and egress routes for emergency vehicles with no dead-end aisles.
(b) Comply with all local regulations.
(c) Provide refuse containers in the number and locations required by the village. All containers shall be properly serviced.
(d) Provide for thorough clean-up of the site at the completion of the event.
(e) Provide proof that all amusement devices have been state inspected.
(f) Upon written notice from the village, immediately stop the use of any amusement device or structure found by the village to pose a threat to the public safety.
(2) Christmas tree sales lot and pumpkin sales patch. Christmas tree sales and pumpkin sales patches shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact on other properties. These uses shall be limited to a period not to exceed 45 days.
(3) Farmers markets. No product may be exhibited or offered for sale except the following: fresh dairy goods, fruits, vegetables, juices, flowers, plants, herbs, spices produced or grown by the vendor, baked goods made by the vendor(s), and arts and crafts made by the vendor.
(4) House, apartment, garage and yard sales. House, apartment, garage and yard sales are allowed in any district, but only when limited to personal possessions of, or arts and crafts made by, the owner or occupant of the dwelling unit where the sale is being conducted. These uses shall be limited to a period not to exceed three consecutive days and no more than three sales shall be conducted from the same residence in any 12-month period. House, apartment, garage and yard sales are exempt from obtaining a temporary use permit.
(5) Arts and crafts shows, and plant shows (indoor or outdoor). Arts and crafts shows, and plant shows shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and adverse impact on other properties. In residential districts, these uses shall be limited to a period not to exceed three days and no more than three sales shall be permitted in any 12-month period.
(6) Sidewalk sales. Sidewalk sales are permitted in the commercial districts only. They shall be in conjunction with, and clearly incidental to, an existing permanent on-site use. Sidewalk sales are permitted to display and sell only merchandise that is found in stores participating in the sidewalk sale. No sidewalk sale shall be permitted for a period of more than five successive days and no more than two sales shall be permitted in any 12-month period.
(7) Temporary contractor trailers and real estate model units. Contractor trailers and real estate model units, including temporary real estate offices accessory to a new development, are allowed in any zoning district when accessory to a construction project or a new development. Contractor trailers shall be limited to a period not to exceed the duration of the active construction phase of such project. Real estate model units, including temporary real estate offices, shall be limited to the active selling and leasing of space in such development or six months after issuance of the final occupancy permit, whichever is less. These structures shall not contain any sleeping or cooking accommodations, except those located in a model unit used for demonstration purposes only. No trailer, unit or office shall be used as the general office or headquarters of any firm.
(8) Tents.
(a) Commercial districts. Tents within commercial districts shall be permitted for no longer than 14 days and must be in conjunction with a special event of a use located on the same lot. Tents must be removed within two days of the end of the event for which it was erected, but in no case may a tent be in place for longer than 14 days. Unless waived in writing by the Zoning Administrator, every tent shall comply with the bulk requirements applicable to accessory structures. Additionally, the size and location of tents may be restricted where it is determined that it creates parking and/or access problems on the site.
(b) Residential districts. Tents within residential districts shall be limited to no more than five days and must be located within the rear yard. These structures shall include tents used for entertainment or assembly purposes that are not intended for living purposes, such as camping and sleeping. Tents in residential districts are exempt from obtaining a temporary use permit.
(9) Temporary retail stands. Temporary retail stands not exceeding 250 square feet in are permitted in C-1, C-2, M-1 and OS Districts, subject to approval of a temporary use permit and the following regulations:
(a) The structure is located entirely on private property and does not encroach upon any required landscaping areas. All such structures shall be setback at least ten feet from any lot line that abuts a public street.
(b) Off-street parking is not required.
(c) Temporary retail stands are permitted to sell retail goods and food items, subject to all other village codes.
(d) Temporary retail stands may not have outdoor seating or outdoor display components.
(e) Temporary retail stands are permitted one sign of eight square feet. In addition, a temporary retail stand that sells food items is permitted an additional menu sign of four square feet. All signs must be in a wall sign structure.
(10) Temporary storage containers.
(a) Temporary storage containers (also known as “PODS”) are permitted in any zoning district when used for loading or unloading. Containers are permitted on site for a period not to exceed 72 hours. Temporary storage containers are exempt from obtaining a temporary use permit.
(b) Temporary storage containers shall not be used for permanent storage. They shall not serve as a substitute for permanent storage needs on the site on which they are located. Containers shall not be permanently attached to the ground, serviced with permanent utilities or stacked on the site.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18) Penalty, see § 153.999