A. Authorization: Subject to the limitations of this section, temporary uses as hereinafter specified are permitted in the zoning districts hereinafter specified. All temporary uses shall be approved by the village manager except as otherwise specifically provided in subsection D of this section.
B. Definition: A "temporary use" is a use that:
1. Is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time; and
2. Does not involve the construction or alteration of any permanent structure.
C. Village Approval Required; Special Standards For Approval And Revocation Of Approval:
1. Approval Required: Except as provided in subsection D1 of this section, no temporary use shall be established or maintained unless approved by the village manager or, if specifically required in the regulations of this section, by the board of trustees. Permitted temporary uses of public owned or leased buildings and property shall be exempt from this requirement.
2. Bases For Denial: Approval may be denied if the village manager 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. Approval shall be denied if the village manager 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 Approval: Any approval may be conditioned on such special requirements as the village manager may determine are necessary to achieve the purposes of this zoning code and to protect the public health, safety, and welfare.
4. Revocation Of Approval: Any approval shall be revoked if any of the standards and conditions imposed pursuant to this section 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. House, apartment, garage, and yard sales in any residential district. Such use shall be limited to a period not to exceed three (3) consecutive days, and no more than two (2) such sales shall be conducted from the same residence in any twelve (12) month period.
2. Indoor and outdoor art, craft, rummage, and plant shows, exhibits, and sales. In any business, office, industrial, open space, or institutional building district; provided, however, that any such use shall require the specific review and approval of the village manager on the bases of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Every such sale shall be limited to a period not to exceed three (3) days.
3. Farm product sales. In any business, office, or industrial district, but only in compliance with the following conditions:
a. Seller Produced Goods Only: No product may be exhibited or offered for sale except those products grown or produced by the person offering them for sale.
b. Number And Duration Of Sales Limited: Not more than one such farm product sale shall be conducted on the same premises in any seven (7) day period. Every such sale shall be limited to a period not to exceed eight (8) consecutive hours.
4. Christmas tree sales. In any business or industrial district; and, when conducted by a not for profit religious, philanthropic, or civic group or organization on property owned or leased by such group or organization, in any office, open space, or institutional building district; provided, however, any such use shall require the specific review and approval of the village manager on the bases of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the yard requirements of this zoning code, except that no tree shall be displayed within the sight triangle defined in subsection 4-2-1-3C of the Lake Zurich municipal code.
5. Contractors' offices and equipment sheds. In any district when accessory to a construction project. No such use shall contain any sleeping or cooking accommodations. Such use shall be limited to a period not to exceed the duration of the active construction phase of such project or one year, whichever is less, except with the prior approval of the village manager.
6. Real estate offices, including model units. In any district when accessory to a new development. No such use shall contain any sleeping or cooking accommodations unless located in a model dwelling unit. Such use shall be limited to the period of the active selling or leasing of units or space in such development and to activities related to the development in which such office is located. No such office shall be used as the general office or headquarters of any firm.
7. Carnivals and circuses. In any nonresidential district; provided, however, that any such use shall require the specific review and approval of the village manager on the bases of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed ten (10) days. Such use need not comply with the yard requirements of this zoning code. Such use need not comply with the maximum height requirements of this zoning code. Any concessionaire responsible for the operation of any such carnival or circus shall:
a. Submit in advance of the event date a site layout displaying adequate ingress and egress routes for emergency vehicles and no dead end aisles; and
b. Provide fire extinguishers of a type and at site locations approved by the village manager; and
c. Provide and service refuse containers in the number and locations required by the village manager; and
d. Provide for a thorough cleanup of the site upon termination of the event; and
e. Upon written notice from the village manager, terminate the use of any amusement device or structure found by the manager to pose a threat to the public safety.
8. Tents. In any district, in connection with any permitted, accessory, temporary, or special use.
No tent shall be allowed to remain for a period of more than four (4) days. Unless waived in writing by the village manager, every tent shall comply with the bulk, space, and yard requirements applicable to accessory uses pursuant to subsection 9-9-1D of this chapter.
9. Sidewalk sales. In the B-1, B-2, and B-3 districts but only with respect to:
a. The display and sale of plant materials during the period of March 1 through September 30 (but in no event for more than 90 successive days or more than 180 days during any calendar year); or
b. An areawide sidewalk sale involving substantially all of the merchants on abutting, similarly zoned lots for a period not in excess of four (4) successive days;
provided that the village manager determines that such sales will not unduly interfere with pedestrian traffic.
10. Outdoor display of retail merchandise. In the B-1, B-2, and B-3 districts, but only after the specific review and approval of the village manager on the bases of public safety, interference with vehicular or pedestrian traffic, and absence of undue adverse impacts. Such use shall not occur more than four (4) times in any calendar year, and no such use shall continue for a period in excess of thirty (30) successive days.
11. Civic uses of public property. In any district, any civic use of any public buildings or property when authorized by the governmental agency owning or controlling such property; provided that the village manager determines that such use will not result in any undue interference with vehicular or pedestrian traffic or any undue adverse effect on neighboring streets or property.
12. Others. In any district, any other temporary use consistent with the purposes of this zoning code and with the regulations of the district in which such use would be located; provided, however, that any such use shall require the specific prior approval of the board of trustees.
E. Bulk, Space, And Yard Regulations: Except as expressly provided otherwise in subsection D of this section, every temporary use shall comply with the bulk, yard, and space regulations applicable in the district in which such 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 of this section. 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 village manager 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 such restrictions and conditions as the village manager may require in connection with such certification.
4. Traffic: No temporary use shall be permitted if additional vehicular traffic reasonably expected to be generated by such 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 such use would conflict with another previously authorized temporary use.
6. Sign Limitations: Except as otherwise expressly authorized by the Lake Zurich municipal code, signs shall be located only on the same zoning lot as the temporary use, be limited to no more than one per street frontage, be set back at least six feet (6') from the front lot line, be no larger than six (6) square feet in area in any residential district or twenty (20) square feet in area in any other district, be of sturdy construction, and not be detrimental to the character of the area. Such signs shall not be erected sooner than twenty four (24) hours before the commencement of the temporary use and shall be removed within twenty four (24) hours following the termination of the temporary use.
7. Parking: Before approving any temporary use, the village manager or board of trustees, as applicable, 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 such temporary use only if such off street parking is provided. No temporary use shall be authorized that would, in the opinion of the manager, unreasonably reduce the amount of off street parking spaces available for use in connection with permanent uses located on the zoning lot in question.
8. Restoration: All premises and property shall be restored to a clean and good condition and to a condition at least equal to the condition present immediately prior to establishment of the temporary use. All damage to any premises or property, whether public or private, shall be immediately repaired by the applicant.
9. Additional Conditions: Every temporary use shall, in addition, comply with, and the village manager may impose, such other conditions as may reasonably be necessary to achieve the purposes of this zoning code or to protect the public health, safety, and welfare. (Ord. 2013-12-944, 1-6-2014)