§ 1272.05 PERMITTED TEMPORARY USES.
Subject to the specific regulations and time limits that follow in Schedule 1272.05 and divisions (a) through (i) of this section, 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:
   SCHEDULE 1272.05 PERMITTED TEMPORARY USE TIME AND LOCATION RESTRICTIONS
TEMPORARY USE
ALLOWABLE ANNUAL DURATION
PERMITTED DISTRICTS
TEMPORARY USE
ALLOWABLE ANNUAL DURATION
PERMITTED DISTRICTS
Seasonal outdoor agricultural sales3
Not to exceed 45 days per calendar year
RO, GC, HOC, OS, and LI Districts
Seasonal outdoor garden center3
No more than 90 days in any 180-day period
GC District
Inoperable vehicle and equipment storage
14 days per vehicle or piece of equipment
GC, LI or GI Districts1
Tents3
No more than 14 days in any 90-day period
All Districts
Festivals
No more than 4 days in any 90-day period
All Districts
Portable storage units4
One 30-day period per calendar year
All Districts
Temporary structure used in conjunction with an educational or institutional use
2 years2
OS District
Real estate/model sales offices
Until the completion of the sale or leasing of all units
All Districts
Construction dumpsters, contractors’ offices and trailers
Until completion of construction
All Districts
Notes:
1   When in conjunction with permitted automobile, light truck and equipment, heavy truck and equipment, or recreational vehicle repair.
2   Annual extensions may be granted by the Planning Commission if conditions warrant.
3   Use/activity need not comply with the setback requirements of the district in which it is located, however, no activity shall occur within 15 feet of the intersection of the curb line of any two streets.
4   Must be located on a paved surface and out of the public right-of-way.
 
   (a)   Seasonal outdoor agricultural sales.
      (1)   Any such use shall require prior approval of the Code Enforcement Officer on the basis of the adequacy of the parcel size, parking provisions, traffic, access, obstruction of right-of-way visibility form vehicles, and the absence of undue adverse impact on other properties.
      (2)   Sales in Residential Districts shall only be conducted by not-for-profit organizations.
      (3)   Seasonal Agricultural Products are limited to live or cut flowers, plants, produce and trees;
      (4)   Products need not be located within a covered area.
      (5)   A tent may be erected during the sales period provided the structure occupies 800 square feet or less in ground space, is located out of the right-of-way, and is approved by the Code Enforcement Officer.
      (6)   No required off-street parking or loading area shall be utilized for display, storage, or sales.
   (b)   Seasonal outdoor garden center.
      (1)   Any such use shall require prior approval of the Code Enforcement Officer on the basis of the adequacy of the parcel size, parking provisions, traffic, access, obstruction of right-of-way visibility from vehicles, and the absence of undue adverse impact on other properties.
      (2)   Retail sales only, limited to plants in containers and prepackaged garden supplies. No storage or sale of bulk products is permitted.
      (3)   No portion of the display shall be on or over publicly owned property.
      (4)   No required off-street parking space or loading area shall be utilized for display, storage or sales.
      (5)   Products need not be located within a covered area.
      (6)   A tent may be erected during the sales period provided the structure occupies 800 square feet or less in ground space, is located out of the right-of-way, and is approved by the Code Enforcement Officer.
      (7)   No required off-street parking or loading area shall be utilized for display, storage, or sales.
   (c)   Inoperable vehicle and equipment storage.
      (1)   All vehicles and equipment shall be stored on a paved surface.
      (2)   No required off-street parking or loading area shall be utilized for inoperable vehicle or equipment storage, however, the area designated for the storage of inoperable vehicles and equipment must comply with the location and setback requirements for off-street parking areas in Chapter 1262.
   (d)   Tents.
      (1)   Must be in connection with a use that is a permitted, accessory or temporary use on the parcel upon which the tent is located.
      (2)   Unless waived in writing by the Code Enforcement Officer, every tent shall comply with the area requirements of the district in which it is located and shall comply with such additional conditions as the Code Enforcement Officer may determine necessary to address the nature of the use proposed for the tent, projected traffic generation and other short-term impacts upon surrounding properties.
   (e)   Festivals.
      (1)   Any such use shall require prior approval of the Code Enforcement Officer on the basis of the adequacy of the parcel size, parking provisions, traffic, access and the absence of undue adverse impact on other properties.
      (2)   Such use need not comply with the front yard requirements of the district in which it is located; however, no structures or equipment may encroach into areas that obstruct the view of operators of motor vehicles on or to public rights-of-way.
   (f)   Portable storage units.
      (1)   Portable storage units are limited to enclosed units designed for permanent or temporary storage that can be transported by vehicle and left on site.
      (2)   May be no more than eight feet in width and eight feet in height and no more than 16 feet long.
      (3)   No portable storage unit shall be used for human or animal occupancy.
      (4)   Must be located on a paved surface.
      (5)   No more than one portable storage unit shall be permitted on any parcel at any time.
   (g)   Temporary structure as part of an education or institutional use. Must be in connection with an educational or institutional use on the parcel upon which the principal structure is located.
   (h)   Real estate and model sales offices.
      (1)   Model units including real estate offices, are permitted in any district when an accessory use to a new development, and may be located in an approved permanent or temporary structure.
      (2)   Must be in connection with a new development on the parcel upon which the structure is located.
      (3)   No such use shall be used for sleeping accommodations.
      (4)   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.
      (5)   No such office shall be used as the general office or headquarters of any firm.
   (i)   Construction dumpster, contractor offices or equipment trailers.
      (1)   Contractor's offices, construction security guard's offices and equipment trailers are permitted in any district when accessory to a construction project.
      (2)   Must be in connection with a construction project on the parcel upon which the dumpster, trailer, or storage is located.
      (3)   No such use shall contain any sleeping accommodations.
      (4)   No such office shall be used as the general office or headquarters of any firm.
(Ord. 2012-20, passed 4-17-2012)