(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 structures 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. Temporary uses or structures shall:
(1) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, convenience, comfort, prosperity or general welfare;
(2) Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
(3) Not include permanent alterations to the site;
(4) Not violate the applicable conditions of approval that apply to a site or use on the site;
(5) Not interfere with the normal operations of any permanent use located on the property; and
(6) Contain sufficient land area to allow the temporary use or structure to occur, as well as adequate land to accommodate the parking and traffic movement.
(c) Permitted Temporary Uses and Structures.
(1) Construction Structures. Temporary structures for construction operations are permitted in any district without a zoning permit in compliance with the following:
A. On an individual lot with a residential dwelling, only dumpsters or portable storage structures are permitted for thirty (30) days.
B. For construction of multiple dwelling units in subdivisions, multi-family developments, or new buildings in nonresidential districts, the use of such structures shall be limited to offices, storage, and dumpsters. Such structures shall be permitted to be located on site from the start of construction until the completion of construction. Each structure shall be setback a minimum of ten (10) feet from any adjacent lot line.
C. No construction structure shall be placed in the right-of-way, on an easement, or in special flood hazard area or other location that will obstruct drainage flow unless otherwise allowed in accordance with Section 357.04 of the Codified Ordinances.
D. The structure shall not block or prevent access to any fire hydrant.
(2) Temporary Sales Office and Model Homes. If a temporary sales office/model home is to be located in a subdivision or multi-family residential development, its location shall be indicated on the subdivision plats or zoning permit application, as applicable. The following provisions shall be met:
A. One (1) temporary real estate sales office or model dwelling unit per builder or developer shall be permitted in a section or phase of a new residential subdivision or in any one multi-family residential development.
B. The dwelling shall comply with all of the applicable standards of this code for the final residential use regardless of the temporary use as a sales or leasing office;
C. The sales office/model homes shall be operated by a developer, builder, or sales agent active in the same phase or section where the use is located.
D. The sales office/model home shall be converted into a permanent residential use upon completion of construction and issuance of the permit for the last dwelling or no longer than two years, whichever comes first.
(3) Temporary Sales. Temporary retail sales activities, including any related temporary structures, tents and stands, may be permitted in any NC, CB, GB, OB, LI, and GI district under the following provisions:
A. Said temporary sales activities shall not be located within a required yard or public right-of-way except for sidewalk sales as established in this subsection.
B. Sidewalk sales on public sidewalks is permitted provided that the width and placement of the sales shall be such so that there shall be a minimum width of four (4) feet of clear and passable sidewalk or walkway for pedestrians. Sidewalk sales are only permitted during the business operational hours and all goods must be removed during the hours the business is closed.
C. The activities shall be located on a paved surface in an area that does not interfere with traffic circulation, intersection visibility, or emergency vehicle access.
D. Temporary sales on unpaved landscaped areas are prohibited.
E. No temporary retail activity or related temporary structure shall occupy more than twenty-five percent (25%) of any paved vehicular use area.
(Ord. 2024-032. Passed 7-22-24.)