(A) Authority: The Zoning Administrator has the authority to issue temporary use permits, after review by Village staff.
(B) Procedure:
(1) Application. Applications for a temporary use permit must be filed and in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.
(2) Village Staff Review Of Application. The Zoning Administrator will refer the application and related data to appropriate Village departments for their study and/or comment.
(3) Zoning Administrator Decision. The Zoning Administrator will review the department's recommendations and either approve, disapprove, or approve with conditions.
(C) General Standards: No temporary use may be granted by the Zoning Administrator pursuant to this chapter unless the applicant establishes the following:
(1) The proposed use will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the zoning district in question were established.
(2) The proposed use will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and not substantially diminish and impair property values within the community or neighborhood.
(3) The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property according to the applicable zoning district regulations.
(4) The proposed use will be served adequately by streets, off street or on street parking, police and fire protection, refuse disposal, and other public facilities or the applicant will provide adequately for such facilities as well as provide for safe vehicular and pedestrian access and egress to the site.
(5) The proposed use will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets or upon residential property. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.
(6) The proposed temporary use will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
(7) The temporary use shall, in all other respects, conform to the applicable dimensional regulations of the district in which it is located. The proposed use shall comply with all additional standards imposed on it by the particular provision of this chapter.
(D) Considerations: In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Zoning Administrator will consider the following.
(1) Whether and to what extent the proposed temporary use at the particular location requested is necessary or desirable to provide a service that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.
(2) Whether and to what extent such public benefit goals can be met by the location of the proposed temporary use at another site or in another area that may be more appropriate than the proposed site.
(3) Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use on the immediate vicinity through site design and screening.
(E) Conditions On Temporary Use Permit: The Zoning Administrator may impose such conditions and limitations concerning use, location, maintenance, screening, operation, hours of operation (except as may be allowed by other Federal, State, or County requirements), and other matters relating to the purposes and objectives of this chapter upon the premises benefited by the issuance of a temporary use permit for a temporary use as the Zoning Administrator deems may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the subject property, upon such public facilities and services, protection of the public interest, and to secure compliance with the standards and requirements specified in this chapter. Such conditions shall be expressly set forth in the temporary use permit for a temporary use. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the temporary use permit for a temporary use.
(F) Effect Of Issuance Of A Temporary Use Permit: The grant of a temporary use permit for a temporary use will not authorize the establishment or extension of any such use as a permanent use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but merely authorizes the preparation, filing, and processing of applications for any other permits or approvals that may be required by the ordinances of the Village, including, but not limited to, building permit, zoning permit, certificate of occupancy, land division approval, site plan approval, or other type of permit or approval.
(G) Limitations On A Temporary Use:
(1) Subject to an extension of time granted by the Zoning Administrator, no temporary use permit for a temporary use will be valid for a period longer than 30 days in any one calendar year.
(2) A temporary use permit for a temporary use will be deemed to authorize only the particular temporary use for which it was issued. Such temporary use permits for a temporary use will automatically expire and cease to be of any force or effect if such use shall be discontinued.
(H) Amendments: A temporary use permit for a temporary use may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this chapter for the original approval of a temporary use.
(I) Revocation: An existing temporary use permit for a temporary use may be revoked by the Village as follows:
(1) The Zoning Administrator may revoke a temporary use permit for a temporary use if any of the following determinations are made by the Zoning Administrator:
(a) The temporary use has not continued in conformity with the Village's conditions of approval of the temporary use permit for a temporary use or with any subsequent amendments to the temporary use permit for a temporary use.
(b) Violations of other statutes, ordinances, or laws.
(c) A change in the character of the surrounding area or in the temporary use itself which has caused the temporary use to become incompatible with the surrounding uses.
(2) The determination of revocation of a granted temporary use permit for a temporary use may be made by the Zoning Administrator after due notice to the property owner, occupant, or agent as indicated on the temporary use permit for a temporary use, as to the reasons for the review.
(Ord. 17-2-2065, passed 2-27-2017)