(a) Purpose. This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses or structures do not negatively affect adjacent properties, and provided that such uses or events are discontinued upon the expiration of a set time period. Temporary uses and structures shall not involve the construction or alteration of any permanent building or structure.
(b) General standards for temporary uses and structures.
(1) Temporary uses or structures shall:
A. Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
B. Be compatible with the principal uses taking place on the site;
C. Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
D. Not include permanent alterations to the site;
E. Not maintain temporary signs associated with the use or structure after the activity ends;
F. Not violate the applicable conditions of approval that apply to a site or use on the site;
G. Not interfere with the normal operations of any permanent use located on the property; and
H. Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement.
(2) These temporary use standards shall not apply to City sponsored events.
(c) Table of allowed temporary uses and structures.
(1) Table 1206-2 summarizes allowed temporary uses and structures and any general or specific standards that apply. Temporary uses or structures not listed in the table are prohibited unless the Development Code Administrator determines the proposed temporary use or structure is similar in scale, intensity, and use as a temporary use in the table, in which case, the Development Code Administrator may treat it as a similar use.
(2) Temporary uses allowed in residential districts shall be allowed for residential uses in PDs. Temporary uses allowed for nonresidential districts shall be allowed for nonresidential uses in PDs.
Temporary Use or Structure | Districts | Allowable Duration (per site) | Permit Required | Additional Requirements |
Temporary Use or Structure | Districts | Allowable Duration (per site) | Permit Required | Additional Requirements |
Construction Dumpster | All Districts | Until issuance of a certificate of occupancy or where construction activity ceases for more than two weeks | None | 1206.02(d)(1) |
Construction Trailer or Office | All Districts | Certificate of Zoning Compliance | 1206.02(d)(2) | |
Garage Sales | All Districts | See § 1206.02(d)(3) | ||
Mobile Food Vending | See Chapter 1037 of the City of Middletown Code of Ordinances | |||
Real Estate Sales/Model Homes | All Districts | Until issuance of the final certificate of occupancy | Certificate of Zoning Compliance | 1206.02(d)(4) |
Seasonal Agricultural Sales | All Nonresidential Districts | 90 days per calendar year | Certificate of Zoning Compliance | 1206.02(d)(5) |
Sidewalk Sales | All Nonresidential Districts | Three days per calendar month | None | 1206.02(d)(6) |
Temporary Classrooms | All Districts | Two years | Certificate of Zoning Compliance | 1206.02(d)(7) |
Temporary Events | All Districts | See § 1206.02(d)(8) | Certificate of Zoning Compliance | 1206.02(d)(8) |
Temporary Storage | All Districts | Maximum of 14 days per calendar year for residential storage and 90 days per calendar year for commercial storage | Certificate of Zoning Compliance | 1206.02(d)(9) |
(d) Specific regulations for certain temporary uses and structures.
(1) Construction dumpster. Temporary trash receptacles or dumpsters related to construction shall:
A. Only be located on the site where the related construction is taking place;
B. Be located to the side or the rear of the site, to the maximum extent practicable;
C. Be located as far as possible from lots containing existing development;
D. Not be located within a floodplain or otherwise obstruct drainage flow; and
E. Not be placed within five feet of a fire hydrant or within a required landscaping area.
(2) Construction trailer or office. Construction trailers or offices may be permitted on a construction site provided that the trailer is:
A. Located on the same site or in the same development as the related construction;
B. Not located within a required open space set-aside or landscaping area; and
C. Associated with a development subject to a valid building permit or subdivision approval.
(3) Garage sales.
A. Garage sales, as that term is defined in § 874.01 of the Middletown Code of Ordinance, are permitted as a temporary use in any zoning district.
B. Garage sales shall be held in accordance with standards established in Chapter 874 of the Middletown Code of Ordinances.
C. For the purposes of this code, estate sales, auctions, and similar temporary sales shall be subject to the same standards as garage sales.
(4) Real estate sales office/model home. One temporary real estate sales office or model home per builder or developer shall be permitted in a section or phase of a new subdivision, provided that the use:
A. Is located on a lot where a preliminary plat has been approved by the Planning Commission and no change in title takes place;
B. Complies with all of the applicable standards of this code for the final residential use;
C. Is operated by a developer or builder active in the same phase or section where the use is located; and
D. Is removed or the model home is converted into a permanent residential use upon completion of construction and issuance of the last certificate of occupancy.
(5) Seasonal agricultural sales. Outdoor seasonal agricultural sales including the sale of such items as Christmas trees, pumpkins, seasonal produce, and similar agricultural products, may be permitted in accordance with the following standards:
A. The property contains an area not actively used that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, traffic movements, or parking space availability.
B. The sale of goods shall be set back a minimum of 100 feet from any residential dwelling unit.
C. The range of goods or products available for sale shall be limited to non-processed products obtained primarily through farming or agricultural activities, including, but not necessarily limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest products, including Christmas trees, and firewood.
(6) Sidewalk sales. Sidewalk sales are permitted if they are conducted by the business owner and operator. The owner or operator of a business located in a nonresidential district may conduct a sidewalk sale outside that business premises on private property or on an abutting public sidewalk adjacent to that business premises in accordance with the following provisions.
A. The merchandise for sale shall be limited to that merchandise normally offered for sale by the business owner who has a certificate of zoning compliance for the business operation.
B. The use of public sidewalks for sidewalks sales shall only be permitted in the UC-C Subdistrict in accordance with § 1218.07(b)(6).
C. The sidewalk sale shall be conducted in a manner that will leave at least a five-foot wide or half of the width of the sidewalk unobstructed area, whichever is greater, to allow for pedestrian use. The display shall be confined to the portion of the sidewalk in front of the business establishment of which the seller or displayer is the lawful occupant.
D. The stands and display structures shall be constructed of stable material and able to withstand local normal wind loads. Merchandise shall be securely and adequately placed so that it will not endanger pedestrians or encroach on the public right-of-way.
E. Sales shall be conducted so as not to cause a nuisance, or create a fire hazard or obstruct ingress and egress to the premises.
(7) Temporary classrooms.
A. Modular units may be authorized for use as a temporary classroom not to exceed two school calendar years to allow schools to accommodate students and new programs until the schools are able to raise capital funds for permanent structures.
B. Such facilities shall be located in the rear yard.
(8) Temporary events. Temporary events may be permitted on private property within the City if the event complies with the following standards:
A. Certain events such as circuses and carnivals shall be subject to the requirements of Chapter 808 (Amusements) of the Middletown Code of Ordinances.
B. Applicants seeking approval for other events that impact public land or rights-of-ways shall be subject to review by the Public Works Department.
(9) Temporary storage. Storage containers that are placed on a property for the purpose of temporarily storing materials are permitted with the following regulations:
A. Portable storage containers in residential districts. Portable storage container shall be allowed in residential zoning districts in accordance with the following:
1. Portable storage containers shall be kept in the driveway of the property at the furthest accessible point from the street. The location of the portable storage container on a driveway shall not obstruct visibility nor block the sidewalk. If no driveway is present, approval from the Development Code Administrator for the placement of the portable storage container prior to its delivery is required.
2. Only one portable storage container shall be placed at any residential property at one time. The container shall not have dimensions larger than eight feet wide, eight feet tall, and 16 feet long.
3. The Development Code Administrator, upon good cause shown, may approve a one-time extension of the certificate of zoning compliance for an additional 14 days. Portable storage containers shall not be located on any lot for a period exceeding 28 days per calendar year.
4. There shall be no utility hookups to the storage container.
B. Temporary commercial storage. Commercial tractors, semitrailers, commercial vehicles and portable and temporary storage structures may be used for temporary storage in nonresidential zoning districts in accordance with the following:
1. They shall not have permanent attachment to any utility, i.e. electricity, water, gas or sanitary sewer lines.
2. They shall be parked or located in the rear of the building or as close to the rear as is reasonably possible, preferably in the loading area and on a continuous hard surface equivalent in strength to the existing parking area.
3. No part of the vehicle or portable storage structure shall be closer than two feet from the principal building nor encroach on more than 10% of required off-street parking.
4. There shall be no permanent human occupancy in the vehicle or portable storage structure, except for necessary access.
(Ord. O2018-02, passed 2-20-2018)