Temporary principal or accessory buildings, structures and uses may be permitted, subject to the following conditions:
(a) Temporary buildings and structures may only be used for the storage of construction materials, tools, supplies and equipment, for construction management and supervision offices, and for temporary on-site sanitation, solid waste or fuel facilities related to construction activity on the same lot.
(b) No temporary building or structure shall be used as a dwelling unit.
(c) The placement of temporary buildings and structures shall be in conformance with the requirements of this Zoning Code. A building permit for such building or structure shall be issued by the Building Superintendent prior to installation.
(d) Temporary buildings and structures shall be removed from the lot within fifteen (15) days after an occupancy permit is issued by the Building Superintendent for the permanent structure on such lot, or within fifteen (15) days after the expiration of a building permit issued for construction on such lot.
(e) Temporary uses and seasonal or special events may be allowed in any district upon issuance of a permit, when meeting the standards listed below and in compliance with paragraph (e)(4) hereof.
(1) No seasonal or temporary sales shall be allowed with exception to agriculturally produced goos such as Christmas trees or flowers. Special events or seasonal sales of agriculturally produced goods may be allowed on any lot in an MBD district with a permitted principal building. Special events or seasonal sales of agriculturally produced goods may also be allowed on a vacant lot within an MBD district when providing the minimum setback for buildings, structures, and parking required in that district.
A. Adequate off-street parking shall be provided and seasonal sales shall not occupy parking spaces required under Section 1290.02 for the permitted principal business.
B. The applicant shall specify the exact duration of the temporary use.
C. Electrical and utility connections shall be approved by the Building Official.
D. Seasonal sales must not obstruct or encroach in the clear vision sight lines of streets, alleyways, driveways, or bicycle paths.
E. Temporary structures such as tents or stands shall not exceed ten (10) feet in height.
F. Applicants must obtain a temporary certificate of occupancy from the Building Inspector. (Res. 2012-258A. Passed 8-20-12, effective 9-5-12.)
(2) If the petitioner is not the owner of the property, the petitioner shall provide written permission of the owner of the property to allow such an event.
(3) Special standards for carnivals, circuses, farmers markets, outdoor temporary flea markets and similar events shall be as follows:
(Res. 2012-259A. Passed 8-20-12, effective 9-5-12.)
A. Approval for these types of uses shall be given by Council. Council shall consider the intensity of the proposed use in relation to adjacent land uses and sufficiency of parking. Council may require site improvements, such as fencing, and restrict hours of operation to help ensure compatibility with surrounding land uses.
B. The applicant shall provide information establishing that reasonable liability insurance coverage is carried, as determined by the City's insurance carrier.
C. The sketch plan for the event shall include a description of traffic flow and parking management to ensure safe and efficient traffic operations without creating unreasonable congestion on public streets.
D. Farmers markets which are to occur on a regular schedule shall be permitted only in commercially zoned districts. Council may extend the time period for the temporary use permit so that a separate permit is not required for each event within any one (1) calendar year, provided the number of dates and a schedule are established at the time of application.
(4) One (1) parking space shall be provided for each eight-hundred (800) square feet of gross lot area used for the activity (not including storage areas), plus additional parking space for any structure utilized for retail sales computed in accordance with the requirements for retail stores.
(5) A sketch plan (to scale) shall be provided illustrating:
A. Property lines.
B. Adjacent uses and zoning districts.
C. Existing and proposed buildings and structures.
D. Location of any areas for storage, such as inventory not being displayed.
E. Fire hydrants.
F. Layout of parking.
G. Boundaries of proposed sales areas.
H. The location and size of any proposed sign (off-premise signs shall also be mapped).
(6) All equipment, materials, goods, poles, wires, signs and other items associated with the temporary uses shall be removed from the premises within five (5) days of the end of the event. Following the five (5)-day period, the City shall use the escrow fee to clear such items from the property.
(7) The length of a temporary use or sales event shall not exceed seven (7) days, except that sales of agriculturally produced goods such as Christmas trees or flowers are permitted for up to ninety (90) days.
(Res. 2012-258A. Passed 8-20-12, effective 9-5-12.)
(f) Review and Approval Procedures, Permit Fees and Required Escrow for Temporary Uses and Sales Events.
(1) Except as otherwise noted above for carnivals, circuses, farmers markets and similar events as defined by the Building Superintendent, the Superintendent shall review and approve requests for a temporary use or seasonal event. Where appropriate, the Superintendent shall consult with the Police Chief and Fire Chief. If the request is denied, the Superintendent shall state the reasons for denial in writing and provide a copy to the applicant.
(2) The applicant shall pay a non-refundable permit fee to the City Treasurer. The fee shall be established and modified, from time to time, by Council. The amount of the permit fee may vary depending upon the type of event.
(3) The proprietor of the temporary use or seasonal event shall deposit a cash bond or similar type of escrow, in an amount established by Council, prior to the issuance of a permit. The escrow shall be used by the City to pay the cost of returning the property to its state prior to commencement of the event or refunded to the proprietor upon compliance with the requirements of this Zoning Code and any other applicable ordinances.
(4) The sign standards provided in Chapter 1476, Signs, permit signs, signs for temporary uses and seasonal events. A separate non-refundable sign permit fee is required in an amount established, and periodically amended, by Council. The City shall also require an escrow, in an amount established by Council, to cover the cost of removing signs if not removed by the applicant within one (1) business day following the event. This escrow account shall be in addition to that listed in paragraph (f)(3) hereof. If the signs are removed as required, the sign escrow account shall be refunded to the applicant. (Res. 2020-299A. Passed 10-5-20, effective 10-19-20.)
(Res. 98-340A. Passed 9-21-98; Res. 2012-258A. Passed 8-20-12, effective 9-5-12; Res. 2012-259A. Passed 8-20-12, effective 9-5-12.)