A. Purpose: This section allows for the establishment of certain temporary uses of limited duration, provided that a temporary use permit, if required, is properly obtained pursuant to subsection 10-6-7B of this title and provided that the temporary use complies with the standards of this section and that applicant pays the required fee.
B. Temporary Uses Allowed: The following temporary uses are allowed provided they comply with the general standards of subsection D of this section:
1. Retail sales of products, including but not limited to, Christmas trees, nursery products or agricultural produce, in any nonresidential district for a period not to exceed the number of days specified in the temporary use permit. Display of products need not comply with the yard and setback requirements of this title provided that no display shall be located within an area restricted by the vision clearance area requirements of chapter 4 of this title.
2. Temporary office space and equipment storage when accessory to an approved construction project. Such uses shall be located on the site no more than thirty (30) days prior to the start of construction and removed no more than thirty (30) days after completion of such project.
3. Sales offices on residential development sites in any zoning district until all lots or houses are sold or leased. Use of the sales office for sites outside of the project is prohibited.
4. Expansion or replacement facilities, consisting of transportable buildings (excluding manufactured or mobile homes) that are pre-constructed and arrive at the site ready for occupancy and are readily removed and installed at other sites. Such facilities may include, but are not limited to the following:
a. Expansion of existing religious assembly facilities, health care facilities, and government offices following the approval of filed plans and applications for the permanent alteration/expansion of these facilities.
b. Temporary classroom space for existing schools.
c. Temporary office space for construction and security personnel during the construction of an approved development for which a grading or building permit has been issued.
d. Temporary space for a nonresidential use following the destruction of a building by fire or other catastrophic event and/or during remodel/rehabilitation construction.
e. Temporary office space (1 per site) for hiring, membership solicitation, apartment office/leasing, and general office use following the issuance of a building permit for the construction of a permanent office building.
5. Temporary space for residential accessory use following the destruction of a building by fire, catastrophic event and/or remodel/rehabilitation efforts. This includes, but is not limited to, storage containers (i.e., POD type containers) or trash containers (i.e., dumpsters) where such container:
a. Is stored outside, along street-rights-of-way and utility easements.
b. Such container may be onsite no more than ten (10) days prior to the start of reconstruction and no more than ten (10) days after reconstruction is completed.
c. The container may be permitted no longer than one hundred eighty (180) days, or for the life of a valid building permit, whichever ends first.
d. In no case will said container be placed in any sight-triangle or interfere with traffic visibility, or block any sidewalk area.
e. Where conditions preclude placement out of the right-of-way, these types of containers may be placed at the curb-edge with written approval from City Administrator.
f. Storage containers or trash receptacles shall not exceed eight feet (8') in width, nor twenty feet (20') in length, nor eight feet (8') in height.
6. Temporary storage space for residential accessory use, when a residence is being vacated or being prepared for occupancy. The owner may apply for a temporary use permit for one storage container (i.e., POD type container or 1 trash enclosure, i.e., dumpster), as follows:
a. Temporary storage use shall not exceed thirty (30) days.
b. Storage unit (POD) shall be located on private property or driveway only.
c. Storage unit shall be located on paved surface only. In no case shall this unit be placed in a landscape or grass area.
d. In no case shall the storage unit be placed within any sight- triangle or interfere with traffic or driveway visibility, or block any sidewalk.
e. Storage containers or trash receptacles shall not exceed eight feet (8') in width, nor twenty feet (20') in length, nor eight feet (8') in height.
7. The City Administrator may approve other temporary uses or structures using the process established in subsection 10-3-1D, "Classification Of New And Unlisted Uses", of this chapter.
C. Temporary Use Permits:
1. Permit Required: All temporary uses and structures shall obtain a temporary use permit pursuant to the procedures set forth in subsection 10-6-7B of this title. A temporary use permit shall be reviewed, approved, or revoked only in accordance with the regulations of subsection 10-6-7B of this title and this section.
2. Permit Exemptions: Notwithstanding subsection C1 of this section, the following temporary uses are deemed approved in any district and do not have to obtain a temporary use permit, provided that the proposed temporary use complies with the general requirements in subsection D of this section:
a. Events utilizing City property, public streets, or public rights-of-way, provided that the applicant shall coordinate the event with the Special Events Coordinator and comply with any conditions required by the Police and Fire Departments;
b. Up to seven (7) one-day garage or yard sales per year per dwelling unit;
c. Temporary car washes lasting no more than seven (7) days per year;
d. Gatherings of less than one hundred (100) people, such as block parties, nonprofit bazaars, and fundraisers; and
e. Temporary uses that occur wholly within an enclosed permanent building.
D. General Requirements For All Temporary Uses And Structures: All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this title:
1. Permanent alterations to the site are prohibited.
2. Unless otherwise stated in this title or in the terms of the temporary use permit, the temporary use shall expire thirty (30) days after approval of the temporary use permit.
3. All temporary signs associated with the temporary use or structure shall be removed when the activity ends. All signage must be pre-approved.
4. The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site.
5. The temporary use standards of this section do not exempt the applicant or operator from any other required permits, such as Health Department permits.
6. If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic movement that may be associated with the temporary use.
7. If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use, and that would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability.
8. Tents and other temporary structures shall be located not to interfere with the normal operations of any permanent use located on the property. (Ord. 420, 12-18-2017)