§ 155.081 TEMPORARY USES.
   (A)   Purpose. Certain temporary uses of land are essential to the full development and utilization of the land for its lawful purpose. The temporary uses hereinafter enumerated shall not be deemed violations of this chapter when made under the conditions herein provided.
   (B)   Permitted uses. The permissible temporary uses, the conditions of use and the zoning districts wherein the same shall be permitted are as follows:
      (1)   Uses allowed in all districts.
         (a)   Construction office. Temporary field or construction offices and temporary building material storage areas to be used solely for on premise construction purposes in connection with the property on which they are erected or within the same platted subdivision may be permitted for specific periods of time, not to exceed 12 months at a time, in accordance with a permit issued by the Building Official for cause shown. Such temporary uses shall be discontinued by the order of the Building Official and in no event shall such temporary uses continue to exist on the premises after the construction for which they were erected is completed.
         (b)   Special events. Special events such as shows, exhibitions, contests, parades, or any outdoor fundraising events or promotions shall only be permitted when a temporary use permit has been granted by the City Council; however, in no case shall such events be allowed in excess of seven consecutive days. Such uses shall be subject to any special conditions imposed by the City Council for the protection of public interest and welfare of the community.
      (2)   Uses allowed in all residential districts.
         (a)   Real estate sales office. Temporary field real estate sales offices may be permitted in residential subdivisions for specific periods of time when approved by the Building Official. Such temporary uses may be located in a "Model Home" or a portable building within the subdivision, but shall be discontinued by the order of the Building Official, and in no event shall such temporary use continue to exist after the subdivision or the increment of same in which the use is located shall have been occupied or sold in excess of 90%.
      (3)   Uses allowed in C-2, C-3, I-1 and I-2 districts.
         (a)   Carnival or amusement rides. The City Council upon receipt of an application, may issue a permit for temporary carnival or amusement rides. In authorizing such permit, the City Council may impose certain reasonable conditions to protect the public interest and welfare of the community and may stipulate that such permit shall be effective for an indefinite term. Thereafter, the holder of such permit may periodically engage in such use with the approval of the Building Official without further City Council action provided:
            1.   The Building Official shall be given not less than ten days notice of any proposed operations under the permit.
            2.   Such operations shall not be conducted for more than eight consecutive days at a time.
            3.   Such use shall not be engaged more than twice in a 12 month period.
            4.   Such use shall conform to all City Council imposed conditions of the permit, including location, hours of operation, and the number and type of rides and concessions.
            5.   The City Council may terminate the permit at any time.
         (b)   Temporary tent sales or assembly. Temporary tent sales by retail establishments or tent assemblies by city recognized public or semi-public organizations may be permitted by the Building Official for a period not to exceed 30 days. Such temporary uses shall be discontinued by the order of the Building Official and in no event shall such temporary uses be allowed in excess of 30 days or more than once a year. All tent sales or assemblies shall meet the special conditions, if any, imposed by the Building Official and Fire Marshal for the protection of public interest and welfare of the community. No tent or similar structure shall be erected in any required yard setbacks or designated easements.
(Ord. 671, passed 4-15-86)