(A) Purpose. This section allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses comply with the standards in this division and are discontinued upon the expiration of a set time period. Temporary uses and special events shall not involve the construction or alteration of any permanent building or structure.
(C) General standards for temporary uses. Temporary uses, structures, or events shall comply with the following:
(1)
Obtain the appropriate permits (as required), including the signature of the property owner on which the temporary use is proposed;
(2) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
(3) Be compatible with the principal uses taking place on the site;
(4) Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
(5) Not include permanent alterations to the site;
(6) Meet all the setbacks of the underlying base and overlay zoning districts, unless expressly stated otherwise in this chapter;
(7) Temporary signs permitted under the code and associated with the use or structure shall be removed when the temporary activity ceases;
(8) Not violate the applicable conditions of approval that apply to a site or use on the site;
(9) Not interfere with the normal operations of any permanent use located on the property; and
(10) 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 associated with the temporary use, without disturbing environmentally sensitive lands.
(D) Table of allowed temporary uses and structures. Table 5-6 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.
Temporary Use or Structure | Allowable Duration (per site) | Permit(s) Required | Additional Requirements |
Temporary Use or Structure | Allowable Duration (per site) | Permit(s) Required | Additional Requirements |
Temporary Structure | |||
Construction dumpster (on public ROW/property) | Until issuance of certificate of occupancy or two days following expiration or finaling of a building permit | Yes | § 153.093(E)(1)(a) |
Construction dumpster (on private property) | 30 days without a building permit | No | § 153.093(E)(1)(b) |
Construction trailer | Until issuance of certificate of occupancy | Yes | § 153.093(E)(2) |
Mobile food units | |||
Recreational vehicle use | 1 month | Yes | § 153.093(E)(3) |
Real estate office/model sales home | Until 85% occupancy of the phase is reached | Yes + building permit | § 153.093(E)(4) |
Temporary mobile cell site | 30 days | Yes + building permit | § 153.093(E)(5) |
TABLE 5-6: TEMPORARY USES AND STRUCTURES | |||
Temporary Use or Structure | Allowable Duration (per site) | Permit(s) Required | Additional Requirements |
TABLE 5-6: TEMPORARY USES AND STRUCTURES | |||
Temporary Use or Structure | Allowable Duration (per site) | Permit(s) Required | Additional Requirements |
Temporary Structure (cont'd) | |||
Temporary sign | 120 days per year | Yes | § 153.064(I) |
Temporary storage in a portable container | See § 153.093(E)(6) | Yes | § 153.093(E)(6) |
Tents, canopies, tarp garages, and hoop buildings | 30 days per year | Yes | § 153.093(E)(7) |
Temporary Sale | |||
Farmer’s market | Continuous; up to 5 months per year on a single site | Yes | § 153.093(E)(8) |
Garage/yard sale | 4 days per event; 3 events total per calendar year | No | § 153.093(E)(9) |
Seasonal sales | 60 days per permit; 120 days per calendar year maximum term | Yes | § 153.093(E)(7) and § 153.093(E)(11) |
Temporary merchant | See City Code | ||
Wayside stands | See City Code | ||
Special Events | |||
Special events | See City Code | ||
(E) Specific standards for temporary uses.
(1) Construction dumpster.
(a) The placement of a temporary construction dumpster or other trash receptacle within a public right-of-way or other site owned by the city shall be subject to standards in the Monticello City code as may be applicable.
(b) Temporary trash receptacles or dumpsters located outside public rights-of way are not required to obtain a temporary use permit, but shall comply with the following standards:
1. Be located to the side or the rear of the site, to the maximum extent practicable;
2. Be located as far as possible from lots containing existing development;
3. Not be located within a floodplain or otherwise obstruct drainage flow;
4. Not be placed within five feet of a fire hydrant or within a required landscaping area;
5. Be located outside of any required tree protection fencing and the dripline of existing trees; and
6. Be secured with a cover to prevent litter and debris from escaping the dumpster.
(2) Construction trailer.
(a) Construction trailers may be permitted on a construction site provided that the trailer is:
1. Approved by the Community Development Department for location, safety, and compatibility with adjacent properties;
2. Located on the same site or in the same development as the related construction;
3. Not located within a required landscape area; and
4. Associated with development for which a valid building permit has been or will be issued.
(b) The applicant shall be required to restore the trailer site to its previous condition if the trailer is located off the construction site.
(3) Recreational vehicle use.
(a) A recreational vehicle owned by a non-resident, guest, or visitor may be parked or occupied by the guest or visitor on private property containing a permanent dwelling unit for a period not to exceed 30 days while visiting the resident of the property.
(b) The recreation vehicle shall have self-contained sanitary facilities or standard on-site facilities as required by the Community Development Department.
(c) The parking location of a recreational vehicle shall adhere to the requirements of § 153.067, Off-Street Parking.
(4) Real estate sales office/model sales home. One temporary real estate sales office or model sales home per builder or developer shall be permitted in a section or phase of a new residential or nonresidential development provided the office or model home:
(a) Is aesthetically compatible with the character of surrounding development in terms of exterior color, predominant exterior building materials, and landscape;
(b) Complies with the applicable standards in the approved development plan (if applicable);
(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 once 85% occupancy in the section or phase of the development is reached.
(5) Temporary mobile cell site.
(a) A temporary mobile cell site may be erected after issuance of a building permit in the case of equipment failure or testing, or for an interim period (limited to 30 days) after a conditional use permit for a permanent cell site is approved.
(b) Temporary mobile cell sites shall be removed within 72 hours following completion of testing, the installation of the permanent tower, or resolution of equipment failure.
(6) Temporary storage in a portable shipping container. Temporary storage in a portable shipping container shall be permitted to serve an existing use subject to the following standards.
(a) For residential uses, a portable shipping container shall not be located:
1. On a lot without prior approval from the Community Development Department;
2.
On an unimproved or unpaved surface;
3. Within ten feet of any lot line or structure;
4. In a manner that impedes ingress, egress, or emergency access; and
5. On an individual parcel or site for more than 30 total days over any one-year period.
(b) For commercial, industrial or civic uses, portable shipping containers shall not be located:
1. On a lot without prior approval from the Community Development Department;
2. Within ten feet of any lot line or structure;
3. In a manner that impedes ingress, egress, or emergency access; and
4. On an individual parcel or site for more than 30 total days over any one-year period unless associated within an active building permit. Successive 30 day permits without additional fee may be authorized until a certificate of occupancy is issued.
(7) Tents, canopies, tarp garages, and hoop buildings. Tents, canopies, tarp garages, and hoop buildings or similar membrane structures shall:
(a) Obtain a building permit from the Community Development Department;
(b)
Maintain a minimum clearance of six feet from all other structures and tents;
(c) Not exceed more than one on a single parcel (the Community Development Department may approve more than two as a part of a special event on a single parcel;
(d) Not be erected for more than a total of 30 days in any calendar year with the exception of those uses with valid permits issued under § 153.093(E)(8) through (11);
(e) Be limited to a maximum of three occurrences per parcel per year;
(f) Not be placed within required landscape areas;
(g) Not obstruct emergency vehicle access to adjacent lots or disrupt pedestrian circulation; and
(h) The lot or site shall be restored to its original condition within two days of removal of the tent, canopy, tarp garage, or hoop building.
(8) Farmer’s market. Farmer’s markets shall:
(a) Be limited to the retail sale of agriculture, horticulture, or floricultural products;
(b) Provide adequate ingress, egress, and off-street parking areas;
(c) Not reduce minimum parking areas below the minimum required for the property under the City Code;
(d) Not be located with any right-of-way;
(e) Renew all applicable temporary use permits annually;
(f) Be subject to the sign standards in § 153.064, Signs;
(9) Garage/yard sales.
(a) Garage or yard sales shall:
1. Be limited to a maximum of three per dwelling per year;
2. Not exceed a maximum duration of four consecutive days per sale;
3. Occur only between the hours of 7:00 a.m. and 9:00 p.m.;
4. Not place items for sale, signs or other advertising within the public right-of-way, or impede the passage of traffic on streets in the area of the sale;
5. Conduct vehicle parking in accordance with the standards in this chapter and any other applicable city requirements;
6. Not negatively affect neighboring properties in terms of noise, trash, parking, or impede the flow of traffic on nearby streets;
7. Not permit loud or boisterous conduct on the premises;
8. Not allow unsold items or other sale-related materials to remain in public view following conclusion of the sale; and
9. Remove all sale related signage immediately upon conclusion of the sale.
(b) The owner and/or tenant of the premises on which a sale is conducted, shall be responsible for the maintenance of good order and decorum on the premises during the hours of the sale.
(10) Wayside stands. A wayside stand shall:
(a) Be limited to the retail sale of agriculture, horticulture, or floricultural products;
(b) Not exceed 750 square feet in area;
(c) Not be located with any right-of-way;
(d) Be authorized in writing by the landowner if conducted on property not owned by the operator of the wayside stand;
(e) Not operate for more than three days per site in any given week;
(f) Not reduce available parking areas below that which is required by code;
(g) Provide adequate ingress, egress, and off-street parking areas; and
(h) Be subject to the sign standards in § 153.064, Signs.
(11) Seasonal sales. Seasonal sales shall:
(a) Be authorized in writing by the property owner if conducted on property not owned by the seasonal sale operator;
(b) Not be located within any right-of-way;
(c) Not reduce available parking areas below that which is required by code;
(d) Provide adequate ingress, egress and off-street parking areas; and
(e) Be subject to the sign standards in § 153.064.
(Ord. 799, passed 2-27-2023)