(A) Intent. Temporary uses shall be permitted in applicable districts by the grant of a temporary improvement location permit issued by the Planning and Zoning Administrator in accordance with the requirements of this section, unless otherwise specified.
(B) General provisions.
(1) The duration of the temporary period is stated below, however, renewal of the permit may be requested.
(2) Temporary uses shall be subject to all the regulations of the applicable district in which they are located.
(3) All temporary uses shall occur outside of the right-of-way.
(C) Permitted temporary uses.
(1) Temporary home sales facilities. Temporary model homes and temporary sales trailers shall be permitted in each development until either building permits have been obtained for greater than 90% of the lots included in the preliminary plat for the development or two years from the date of approval of the secondary plat or final detailed plan for the most recent section of the development, whichever is less. An improvement location permit shall be required.
(a) Location. Temporary home sales facilities shall be located on a lot in the development in which the homes are for sale. No other structures shall be permitted on any lot occupied by a model home or temporary sales trailer.
(b) Design requirements. The placement of home sales facilities shall be consistent with the following requirements.
(1) Uses. The use of the facility shall be limited to open house purposes for prospective buyers. Temporary home sales facilities may not be directly used for the purpose of selling homes in other developments or in other communities.
(c) Lighting. All exterior lighting for model homes shall be limited to typical household exterior lighting. The use of all other types of lighting, including floodlighting and search lights shall be as specified in § 7.15.
(d) Parking. Temporary home sales facilities shall conform with the following parking requirements.
(1) Model homes shall provide a minimum of five off-street parking spaces for the use of salespersons and potential buyers. The parking spaces shall conform to the size requirements of this ordinance. Off-street parking for the facility shall be located in, and not extend beyond, the driveway. The driveway area shall be consistent in size and paving with those of the homes to be constructed in the development.
(2) Temporary sales trailers shall provide two off-street parking spaces. The spaces shall be surfaced with stone meeting the requirements of the City Street Department.
(e) Landscaping. Temporary home sales facilities shall conform with the following landscaping requirements.
(1) Model homes shall provide landscaping consistent with that which will be provided for homes to be constructed in the development.
(2) Temporary sales trailers shall provide a landscape area extending from the trailer for five feet in each direction. The landscaping shall include a variety of shrubs and other materials consistent with the landscaping design of the development. The trailer site shall be graded to ensure proper drainage and treated with a combination of grass seed and sod appropriate to prevent erosion and provide a lawn consistent with that of the homes to be built in the development.
(f) Model home conversion. Prior to the sale of a model home for use as a residence, all signage shall be removed and the garage area restored.
(g) Sales trailer conversion. Any builder using a temporary home sales trailer and either constructing an approved model home, or removing the trailer, shall restore the trailer site to pre-installation conditions, removing the trailer and any associated signage and lighting. If the trailer is to be replaced by a model home, the trailer and all associated site features shall be removed prior to the issuance of a permanent certificate of occupancy for the model home.
(h) Construction. Temporary building or yard for construction trailers, materials and equipment, both incidental and necessary to construction. Maximum time permitted: duration of the construction activity or any extension thereof.
(2) Special event.
(a) A parking lot may be designated for a special event, but shall be so used for no more than seven days prior to and three days after the event.
(b) Temporary signs may be used in connection with a special event, but shall not be used for more than ten days and shall be used for no more than two special events per year. See § 7.7(E) for limitations on temporary signs.
(3) Festivals. Bazaars, carnivals and similar temporary uses. Maximum time permitted: ten days.
(4) Garage/yard sales. Garage/yard sales are permitted to occur four times per calendar year, for a maximum of 12 days per calendar year. Garage/yard sales shall be distinguished from flea markets in that garage/yards sales are clearly incidental to residential uses, while flea markets are commercial businesses and principal uses. In no instance shall this provision be interpreted as permitting the operation of a flea market.
(a) All items of personal property sold at a garage and/or yard sale shall be owned by the owner or occupier of the premises or by a participant at the sale. Personal property for sale must not be property that has been acquired by the owner expressly for the purpose of resale.
(b) All personal property exhibited for sale outside any structure during a garage and/or yard sale shall be removed from the outside and placed within a building immediately following the last day of the sale. All signs erected for a garage and/or yard sale shall likewise be immediately removed at the conclusion of the sale.
(c) No permit is required.
(5) Seasonal sales. Sale of Christmas trees, outdoor tent theater, sale of seasonal fruits and vegetables from roadside stands, tent sales. Maximum time permitted: 60 days and no more than four sales per year.
(6) Parking of recreational vehicles for visitation. Maximum time permitted: seven days, with a maximum total of 14 days per year.
(7) Temporary office. Mobile home as a temporary office during the period of construction and development. Maximum time permitted: 18 months.
(8) Other similar uses. Other similar uses deemed temporary by the Plan Commission and attached with the time period, conditions and safeguards as the Commission may deem necessary.
(D) Standards.
(1) Adequate access and off-street parking facilities shall be provided which shall not interfere with traffic movement on adjacent streets.
(2) No public address systems or other noise producing devices shall be permitted in a residential district.
(3) Any flood lights or other lighting shall be directed upon the premises and shall not be detrimental to adjacent properties.
(4) No banners, pennants or unnecessary signs shall be permitted unless as otherwise specified. Refer to § 7.7 for additional standards.
(5) The lot shall be put in clean condition devoid of temporary use remnants upon termination of the temporary period.
(Ord. 07-16, passed 12-10-2007)