A. Permittance; Limitations; Restrictions And Standards: Temporary uses, as defined in this title, shall be permitted in all zoning districts, subject to the limitations, restrictions and standards established in this section and any other applicable provisions of this code. No temporary use shall continue for such a length of time that it constitutes a permanent use.
B. Restrictions On Occasional Sales: Restrictions on occasional sales in subsection 8-3-5F of this chapter are exempt from the standards of this section.
C. Temporary Uses Subject To Administrative Review: The following temporary uses may be permitted in any zoning district if the enforcement officer determines that same are reasonably necessary to address emergency or unique circumstances, such uses meet the requirements of this title and the other applicable provisions of this code, and except as specifically provided herein, shall only be located on property within the village only after a temporary use permit therefor has been issued by the village's enforcement officer, and shall be subject to the following limitations, restrictions and/or conditions:
Construction trailers, storage sheds and yards used for construction equipment and material, excluding bulk storage of hazardous or flammable materials, and portable lavatories, subject to timely and continued compliance with the following conditions:
1. The trailer, shed, storage area or portable lavatory is incidental to the construction of a building or development for which one or more village building or site development permit(s) has been issued.
2. The trailer, shed, storage area or portable lavatory is located on the same lot as the building or development, or an abutting lot with the written consent of that property owner.
3. The trailer, shed, storage area, or portable lavatory shall remain within the village as permitted by this section no longer than the time of construction, as determined by the issuance of any occupancy permit for the building or development, if applicable.
4. The trailer, shed, storage area or portable lavatory shall be located no closer than thirty feet (30') from any other property located in a residential district.
Dumpsters and/or roll-offs for refuse and/or recycling containers ("dumpsters"), subject to timely and continued compliance with the following conditions:
1. A dumpster shall be permitted to be located on a property in conjunction with a valid building permit, provided however, the owner(s) and/or occupant(s) of the subject property shall be responsible to immediately remove said dumpster from the property as soon as said dumpster is no longer reasonably necessary to serve the property, or when the enforcement officer determines that said dumpster is no longer reasonably necessary to serve the property, whichever first occurs.
2. A dumpster shall be permitted to be located on a property for a period of not to exceed fifteen (15) days in the aggregate from the date of issuance by the enforcement officer of a temporary use permit therefor for purposes other than construction and when not in conjunction with a valid building permit. An extension for an additional fifteen (15) days in the aggregate may be granted by the enforcement officer if the enforcement officer determines that such extension is reasonably necessary.
3. No dumpster shall be placed on any property within the village, not in conjunction with a valid building permit, until and unless a temporary use permit therefor shall have been obtained from the enforcement officer, and the applicant for said temporary use permit shall be required to provide to the enforcement officer any and all such information as determined to be reasonably necessary by the enforcement officer for issuance of the required permit.
4. Dumpsters shall be located only on the property being served and only with the written permission of the property owner(s).
5. No dumpster shall be located on village property (including, but not limited to, any village right of way), except with the prior written permission of the village board and/or village administrator.
Mobile home or trailer for temporary use as a construction office or a construction and sales office, subject to timely and continued compliance with the following conditions:
1. The construction, if any, is on the same property as the mobile home or trailer.
2. It is not moved to the site more than thirty (30) days prior to construction and is removed no later than thirty (30) days after construction has been completed as determined by the issuance of any occupancy permit for the building or development, if applicable.
3. It is not used for any purpose other than that connected with on site construction.
4. It is determined by the enforcement officer to be reasonably necessary, given the size and nature of the construction project.
5. It remains for a period not to exceed twenty four (24) months in the aggregate.
6. It is utilized only incidental to on site construction during daylight hours and not for residential living quarters.
7. It is parked in a location approved in advance in writing by the enforcement officer.
8. It is skirted in a manner approved in advance in writing by the enforcement officer.
9. If it is also to be utilized as a sales office, it shall provide adequate designated customer parking, as determined to be appropriate and necessary by the enforcement officer.
Portable storage units, subject to timely and continued compliance with the following conditions:
1. A portable storage unit located on any private property for a period of fifteen (15) days or less in the aggregate in any twelve (12) month period shall not require a temporary use permit issued by the enforcement officer but shall otherwise be subject to the restrictions and requirements of this section.
2. A portable storage unit located on private property for a period of greater than fifteen (15) days in the aggregate in any twelve (12) month period shall require a temporary use permit issued by the enforcement officer.
3. Except as provided in subsection 1 of this use, no portable storage unit shall be erected on any property within the village until and unless a temporary use permit therefor shall have been obtained from the enforcement officer, and the applicant for said temporary use permit shall be required to provide to the enforcement officer any such information as determined necessary by the enforcement officer for issuance of the required permit.
4. A portable storage unit shall be permitted to be located on any private property for not to exceed ninety (90) days in the aggregate in any twelve (12) month period. An extension of an additional ninety (90) day period in the aggregate in the same twelve (12) month period may be granted by the enforcement officer if the enforcement officer determines that such extension is reasonably necessary.
5. No portable storage unit may be located on any property, except with the written permission of the property owner(s).
6. No portable storage unit shall be located on any village property (including, but not limited to, any village right of way), except with the prior written permission of the village board and/or the village administrator.
7. A portable storage unit shall be located only on the private property being served, at least five feet (5') from any property line, and only on a hard surface driveway.
8. Only one portable storage unit shall be located on any private property at one time.
9. No such portable storage unit located on private property shall exceed sixteen feet (16') in length, eight feet (8') in width, and eight feet (8') in height.
Tents, or other temporary structures, subject to timely and continued compliance with the following conditions:
1. A tent or other temporary structure(s) erected on any property for fifteen (15) days or less in the aggregate in any twelve (12) month period shall not require a temporary use permit issued by the enforcement officer but shall otherwise be subject to the restrictions and requirements of this section.
2. A tent or other temporary structure(s) erected on any property for more than fifteen (15) days in the aggregate in any twelve (12) month period shall require a temporary use permit issued by the enforcement officer and shall be subject to the restrictions and requirements of this section.
3. Except as provided in subsection 1 of this use, no tent or other temporary structure(s) shall be erected on any property within the village until and unless a temporary use permit therefor shall have been obtained from the enforcement officer, and the applicant for said temporary use permit shall be required to provide to the enforcement officer any and all such information as determined necessary by the enforcement officer for issuance of the required permit.
4. No tents or other temporary structure(s) shall be erected on any property for more than forty five (45) days in the aggregate in any twelve (12) month period.
5. No tents or other temporary structure(s) shall be erected on any property, except with the prior written permission of the property owner(s).
6. No tent or other temporary structure(s) may be located on any village property, except with the prior written permission of the village board and/or the village administrator.
7. The height of the tent or other temporary structure(s) and setbacks applicable to the location of the tent or other temporary structure(s) shall conform to the regulations of the zoning district in which the property is located, unless otherwise determined to be reasonably necessary and approved in advance in writing by the enforcement officer.
8. The use conducted in the tent or other temporary structure(s) shall be a use permitted in the respective zoning district in which the property is located, unless otherwise determined to be reasonably necessary and approved in advance in writing by the enforcement officer.
9. Other such temporary uses as may be determined necessary by the enforcement officer, to address emergency or unique circumstances, provided, however, such temporary uses shall be permitted on a property for not to exceed ninety (90) days in the aggregate in any twelve (12) month period, with a maximum renewal or extension of an additional ninety (90) days in the aggregate in any twelve (12) month period, if determined to be reasonably necessary by the zoning enforcement official, and such temporary uses shall not adversely affect the health, safety or welfare of occupants and users of the temporary use, or adjacent properties or persons, or to the public.
10. Notwithstanding the foregoing restrictions and requirements of this Paragraph C, but without any limitation on said restrictions and requirements, a tent used for a use which is accessory to and subordinate to a principal use may be permitted on a property from May 1 through November 1, or for any part of such period, provided that: (i) the principal use on the subject property is otherwise in compliance with this Zoning Ordinance; (ii) the use of such tent otherwise complies with the provisions of this Paragraph C; (iii) a temporary use permit for such tent is issued by the Enforcement Officer only after such tent has been approved for occupancy by both the Building Commissioner and by the applicable Fire Protection District; (iv) such tent shall be removed on or before November 1 of each calendar year and shall not again be erected on the same property until on or after the following May 1; and (v) such tent shall not be erected or maintained on the same property during the same calendar year, other than during the period from May 1 through November 1 of the same calendar year.
D. Temporary Uses Subject To Review By The Village Board: Carnivals, outdoor festivals, sidewalk sales, educational, health and/or fitness exhibitions and events, farmers' market(s), or other public interest and special events ("the event") are permitted as temporary uses in any zoning district if such temporary uses meet the requirements of this title and the other applicable provisions of this code, shall only be located on property within the village after a temporary use permit therefor has been issued by the village board, and shall be subject to timely and continued compliance with the following conditions:
1. Vehicles, trailers, and other equipment related to the event shall not be permitted to block driveways or other points of emergency vehicular access to any property, or any portion of the public way.
2. The operation of the event shall be located entirely within the private or public property designated for the respective event(s).
3. The event(s) shall only be permitted during hours when the facility's parking would not be used for the primary use's high traffic generation activities.
4. If determined necessary by the village board, or by the applicable law enforcement or fire protection agency, access to the event(s) and security therefor may be controlled by qualified personnel paid for by the permit applicant. Prior to, and as a condition for, receiving a temporary use permit for any event, the permit applicant must provide to the village board, for its approval, written communication from the applicable law enforcement or fire protection agency that adequate access and security provisions for the respective event(s) have been made.
5. Prior to receiving a permit, and as a condition thereof, the permit applicant must provide to the village board, for its approval, written evidence that adequate provisions have been made for sanitary facilities for the respective event(s).
6. Prior to the commencement of any event(s) for which a temporary use permit is required, the building commissioner shall approve all electrical and lighting facilities for the respective event(s). Prior to receiving the required temporary use permit, the permit applicant must provide to the village board, for its approval, written communication from the building commissioner that adequate provisions have been made for electrical and lighting facilities.
7. Maximum noise levels and/or hours of operation for the event may be established by the village board, or its designee. The approved noise levels and/or hours of operation may be based on the distance of the site to adjoining residential uses and any history of complaints about similar events, or other factors reasonably determined to be relevant by the village board, or its designee.
8. The permit applicant shall provide to the village a security deposit in a form and in an amount approved by the village board, or its designee, for complete site restoration upon the event's conclusion or should the respective temporary use permit be revoked, if required by the village board. (Ord. 2010-O-20, 11-3-2010; amd. Ord. 2020-O-12, 5-5-2020)