(A) A temporary use permit allows for the short-term use and/or placement of structures on a lot. The temporary use permit regulates temporary uses that occur entirely on and within a lot. Temporary uses of land may be permitted in any zoning district by the Zoning Administrator of a temporary use permit, subject to the provisions in this section.
(B) A property owner in the village, or person expressly authorized in writing by the property owner, may initiate the temporary use permit application. An application for a temporary use permit shall be filed with the Zoning Administrator at least 30 days before the requested beginning of the temporary use. The application shall include the items specified within the village’s temporary use permit application as well as within Table 1 of the filing procedures section of this chapter.
(C) Upon receipt of a complete and accurate application, the Zoning Administrator shall review said request for compliance with the following approval standards:
(1) Unless expressly allowed by this chapter, the temporary use or structure shall comply with the yard and bulk standards of the district in which it is located.
(2) The temporary use does not cause, or threaten to cause, an on-site or off-site threat to the public health, safety, and welfare.
(3) The temporary use is operated in accordance with such restrictions and conditions as the Police, Fire, and Health Departments may require. If required by the village, the operator of the temporary use must employ appropriate security personnel.
(4) The temporary use does not conflict with another previously authorized temporary use.
(5) The temporary use provides adequate parking if needed. If located on a lot with an operational principal use or uses, does not impact the parking and site circulation of the principal use or uses.
(6) The temporary use permit is valid only for the time period granted as part of the approval. Unless otherwise specified in this chapter, temporary use permits shall have a maximum duration of six months per year.
(7) In addition to the approval standards herein, the following temporary uses must also comply with the requirements listed below:
(a) Outdoor café/dining;
1. Shall be subject to annual review and approval, and shall only be permitted between the months of May and October.
2. Allowed only in the C-1, C-2, and C-3 Districts, and must be incidental to an existing restaurant that has obtained all applicable village approvals.
3. Applicants shall provide a fully dimensioned and to scale plan showing the location and layout of the outdoor café/dining, trash receptacles, server station, protective fencing, building entrance(s), and ancillary parking lot.
4. All tables and chairs and other appurtenance shall be arranged in such a manner that they can easily be removed during winter months and/or if required by the village.
5. The sale and consumption of alcoholic beverages in the outdoor café/dining area shall be subject to and restricted by the liquor license governing the restaurant.
6. Outdoor café/dining shall only be permitted between the hours of 8:00 a.m. to 10:00 p.m.
7. All outdoor furnishings shall be of durable quality and shall be designed to withstand a wind pressure of not less than 30 pounds per square foot.
8. Live entertainment shall also be subject to the temporary use permit process.
9. Outdoor cafés/dining on commercial developments that are zoned C-3 and are constructed on or within planned developments of not less than 50 acres, shall be exempt from these temporary use standards, but shall comply with those standards outlined in § 22.082.
(b) Farmers' market/temporary outdoor entertainment/promotional events:
1. For farmers' market only, the number of days per week and the overall duration of the event, will be determined and approved as part of the temporary use permit.
2. For any farmers' market, temporary outdoor entertainment and/or promotional event, a management plan is required as part of the temporary use permit application that demonstrates the following:
a. General layout of performance areas, visitor facilities, such as seating areas and restrooms, parking areas, and all ingress and egress points to the site.
b. Provisions for recycling and waste removal.
c. The days and hours of operation, including setup and take down times.
d. A description of crowd control and security measures.
e. If alcoholic beverages are to be served in conjunction with the temporary use, a liquor license must be approved by the Liquor Commission, which is separate from the temporary use permit approval process.
3. Any temporary structure must be removed within three days of conclusion of the event.
4. Events are limited to four events per calendar year and a maximum duration of four days per event, with a minimum of 30 days between events.
(c) Parking lot/sidewalk display and sales:
1. Shall only be allowed on commercially zoned properties.
2. For sidewalk display and sales, a general layout shall be provided showing the location of the display area to the sidewalk and building entrance to ensure that said event will not obstruct pedestrian flow or emergency access.
3. For parking lot display and sales, a general layout shall be provided showing the location of the display area within the parking lot, and the number of parking stalls that would be impacted to ensure that said event does not obstruct or impact vehicular access or on-site circulation. In addition, the applicant must provide to the satisfaction of the village evidence that the remaining parking area(s) is sufficient to accommodate the anticipated parking demand.
4. Events are limited to four events per calendar year and a maximum duration of two days per event, with a minimum of 30 days between events.
(d) Sale of Christmas trees and/or other roadside merchandise:
1. Shall not be allowed on property that is zoned residential.
2. A general layout shall be provided to ensure that sales display areas do not obstruct or impact vehicular access or on-site circulation.
3. Provides parking at a ratio of one space per 75 square feet of display area, with a minimum of three parking stalls, exclusive of employees, which shall be based on one parking stall per employee.
4. Events are limited to one event per calendar year and a maximum duration of 30 days per event with a minimum of 30 days between events.
(D) Upon determining that there is evidence of compliance with the conditions and requirements set forth in this chapter, the Zoning Administrator shall issue a temporary use permit. Such permit shall be limited to the uses and time periods provided on the permit and shall set forth any applicable conditions provided in this chapter. Furthermore, the permittee shall display the permit within plain view on the premises of the temporary use for the duration of the use.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)