§ 159.127  TEMPORARY USES.
   (A)   Intent.  Approved or exempt Temporary Uses are a permitted use in all zoning districts, except as otherwise restricted in this ordinance. Unless exempt as set forth in division (D) require the granting of a Temporary Use Permit by the Board of Zoning Appeals (Board) or by the Director of Planning and Development (Director) or his representative as noted. Where the Director is given authority to issue the permit, he may impose conditions on any Temporary Use as he may deem appropriate to further the purposes of this section, and may instead refer any Temporary Use Application to the Board. When review by the Board is conducted, the Board may impose conditions on any Temporary Use they may deem appropriate to further the Purposes of this chapter. In case of conflict among provisions of this § 159.127, the most restrictive language shall apply.
   (B)   General Requirements.
      (1)   Temporary uses are limited to the maximum time period listed in this § 159.127 per location and/or user provided, however, renewal of such permit may be requested.
      (2)   Temporary Uses shall be subject to all the regulations of the applicable zoning district.
      (3)   In addition to the conditions listed for specific uses below, the following conditions are applicable to all Temporary Uses:
         (a)   Adequate access and off-street parking facilities shall be provided which shall not interfere with traffic movement on adjacent streets.
         (b)   Bulk Requirements (lot width, setback, building height, etc.) of the applicable zoning district shall apply, unless specifically altered by division (C) below.
         (c)   No public address systems or other noise-producing devices shall be permitted in a residential district. Such systems or devices, when utilized, shall be operated in accordance with Noblesville Code of Ordinances § 93.22, Nuisances.
         (d)   No signs listed as "Prohibited" by §§ 159.160 et seq. - Signs of this chapter shall be permitted.
         (e)   The lot shall be put in clean condition devoid of temporary use remnants upon termination of the temporary period.
         (f)   Temporary Uses shall not be established within the Vision Corner Clearance area required by this section.
         (g)   An approved temporary use permit shall be displayed at all times during the use's approval period and shall be placed in a location on-site that is easily visible to the public.
      (4)   The following factors should be considered by the Board or Director as they review Temporary Use applications:
         (a)   Whether the temporary use will not be detrimental to the public health, safety, and general welfare, will be compatible with adjacent uses, and will not adversely affect the surrounding neighborhood by means of odor, dust, light, noise, traffic, or other nuisances.
         (b)   Whether the subject site can support the Temporary Use without creating negative impacts on existing buffers, landscaping areas, traffic movements, pedestrian circulation patterns, or operation of the permanent primary use of the property, where applicable.
         (c)   Whether the temporary use does not unreasonably reduce the number of parking spaces available for use in connection with permanent uses located on the property in question, and does not render handicap parking spaces unusable.
         (d)   Whether the property where the Temporary Use is proposed has been cited for violations of the City of Noblesville Code of Ordinances or is otherwise currently in violation.
         (e)   The lot shall be put in clean condition devoid of temporary use remnants upon termination of the temporary period.
   (C)   Temporary Uses Requiring a Temporary Use Permit.
      (1)   Model Homes and related property sale activities for that development or nearby developments being developed by the same builder shall be considered permitted temporary uses in residential subdivisions. Three (3) Model Homes per housing type with a maximum number often (10) Model Homes permitted for the entire planned development/subdivision. Each builder shall be limited to three (3) Model Homes where sales activities occur. Each Model Home shall require a permit by the Director and such permits shall be valid for one (1) year from the date} the permit is issued. Such uses shall also be subject to the following:
         (a)   Model nHomes) shall be clustered together near the entrance of the development so as to avoid undue traffic through the developing site.
         (b)   Two (2) off-street parking spaces shall be provided and maintained for each structure proposed for a Model Home.
         (c)   A temporary certificate of occupancy shall be issued for the structure before the temporary use commences.
         (d)   Signs for the model home shall be limited to those allowed by §§ 159.160 et seq., Signs.
      (2)   Sales Uses Operated from Temporary Structures: Home or property sales activities for a development or nearby developments being developed by the same builder in a Temporary Structure shall be bound by the regulations of division (1) above, as well as the following:
         (a)   Landscaping shall be installed at a minimum rate of twelve (12) shrubs and two (2) trees per temporary structure. All landscaping shall be installed in compliance with the size and height standards required by §§ 159.180 et seq.
         (b)   Skirting shall be installed around 360 degrees of the structure.
         (c)   The structure shall have indoor plumbing.
         (d)   All temporary sales trailers shall be removed upon twenty percent (20%) build out of the subdivision.
         (e)   The applicant shall provide the mobile unit certification number issued from the Indiana Fire Prevention and Building Safety Commission.
      (3)   Non-Commercial Concrete Batching Plant. Such use, both incidental and necessary to construction and located for its close proximity to the construction for which it was established, may be issued a Temporary Use permit by the Director For a maximum of eighteen (18) months. A valid air permit from the Indiana Department of Environmental Management shall be provided prior to operation of the plant. Proof shall also be provided that the plant was registered with the Indiana Department of Natural Resources as a significant water withdrawal facility within three (3) months after the plant becomes operational.
      (4)   Temporary Structure or Yard for Construction Office, Materials, and Equipment. Such use, both incidental and necessary to construction and located for its close proximity to the construction for which it was established, may be issued a temporary use permit by the Director for a period of time coinciding with the building permit, but for a maximum eighteen (18) months. This use is limited to construction-related activity only and is not to be mixed with a sales use. Such use shall be located within the development for which the use has been established. For temporary construction trailers, the applicant shall provide the mobile unit seal of acceptance number issued from the Indiana Fire Prevention and Building Safety Commission. No more than ten (10) portable storage containers may be used in these areas.
      (5)   Special Event (Minor). A Temporary Use permit may be issued by the Directory for one event per year per property for a maximum of thirty (30) days per calendar year. Such uses shall be subject to the following:
         (a)   The use shall not be located within any required setback, easement, or fire lane. Handicap parking spaces shall not be obstructed or rendered unusable.
         (b)   The use shall not interfere with pedestrian or vehicular access.
         (c)   The site shall have adequate parking for patrons of the special event and patrons of the permanent land use on the property, when operated concurrently, as determined by the Director.
         (d)   Signs for the special event shall be limited to those allowed by §§ 159.160 et seq, .
         (e)   If a tent of over four hundred (400) square feet is proposed, prior approval of the Fire Marshall is required.
      (6)   Parking lot (designated for a special event in a zone district).  A Temporary Use permit may be issued by the Director.  Maximum 30 days.
      (7)   Bazaars, Carnivals, Festivals, Outdoor Expositions, Grand Openings, and Similar Temporary Uses.  A Temporary Use permit may be issued by the Director for a maximum ten (10) days. Uses lasting more than ten (10) days must gain approval from the Board of Zoning Appeals. Such uses shall be subject to the following:
         (a)   Such use need not comply with the maximum height restrictions of this chapter.
         (b)   The applicant shall be responsible for ensuring that waste or debris related to the event does not leave the site.
         (c)   Refuse receptacles and portable toilets, if proposed, must be located and maintained according to approved plans.
         (d)   Signs for the event shall be limited to those allowed by §§ 159.160 et seq.
         (e)   There shall be no Temporary Use Permit fee assessed for grand openings.
         (f)   If a tent of over four hundred (400) square feet is proposed, prior approval of the Fire Marshall is required.
         (g)   Such use shall not be located within any required setback, easement, or fire lane. Handicap parking spaces shall not be obstructed or rendered unusable.
      (8)   Seasonal Outdoor Sales. A temporary use permit for christmas trees, fireworks, pumpkins, and similar seasonal items for sale on commercially zoned property may be issued by the Director for a maximum of thirty (30) days. Such uses shall be subject to the following:
         (a)   A maximum of three (3) seasonal outdoor sales Temporary Use permits shall be issued per property per calendar year.
         (b)   Such use shall not be located within any required setback, easement, or fire lane. Handicap parking spaces shall not be obstructed or rendered unusable.
         (c)   Only items traditionally associated with the particular season are allowed to be located in the outdoor sales area. General merchandise not associated with the season is prohibited in these areas.
         (d)   One (1) temporary sign shall be allowed per event. Such sign(s) shall be no larger than thirty-two (32) square feet, shall not be illuminated, and shall not be an electronic sign.
         (e)   Fireworks sales shall comply with all applicable requirements of the Indiana Department of Homeland Security in I.C. 22-11-14 as amended.
         (f)   If a tent of over four hundred (400) square feet is proposed, prior approval of the Fire Marshall is required.
      (9)   Parking of recreational vehicles for visitation that exceeds 14 days.  A Temporary Use permit may be issued by the Director.  Maximum 30 days in any given year.
      (10)   Garage sales shall not be operated from any property more than six days during the calendar year. A permit shall be required for such events. A sticker will be issued for the event to be placed on the temporary sign not exceeding four square feet.
      (11)   Portable Storage Containers for Non-residential Uses.
         (a)   No more than ten (10) portable storage containers may be located on a property at any one time.
         (b)   Portable storage containers shall be hidden from view from a public street, either through means of placement or landscaping.
         (c)   Portable storage containers shall be permitted to be located on a property during any calendar year for not more than sixty (60) days, consecutive or non-consecutive, during that year, unless a valid building permit has been issued for the site.
         (d)   At a construction site where a valid building permit has been issued, portable storage containers for temporary storage of construction material must be removed prior to the issuance of a certificate of occupancy.
         (e)   Portable storage containers shall meet the setback requirements of the applicable zoning district.
         (f)   The placement of portable storage containers shall not impede a motor vehicle operator's view of vehicular traffic, bicyclists, or pedestrians.
      (12)   Temporary Classrooms. A temporary classroom is prohibited unless it is located on a site where an existing permanent building housing legal primary use is located. For purposes of this requirement, an authorized main use is one for which a valid certificate of occupancy has been issued. The use of the temporary classroom shall be limited to the primary use for which a certificate of occupancy has been issued or an authorized use accessory to that primary use. A temporary use permit may be issued by the Director for a temporary classroom, and is valid for twelve (12) months. Thirty (30) days prior to the expiration of the temporary use permit, a permit requesting renewal of the application may be submitted to the Director.
         (a)   Temporary classrooms are not to be located within the front yard.
         (b)   The applicant shall provide the mobile unit seal of acceptance number issued from Indiana Fire Prevention and Building Safety Commission.
         (c)   Temporary classrooms shall comply with requirements of 675 IAC 15.
         (d)   The site shall be restored when the temporary classroom is removed.
   (D)   Temporary Uses Not Requiring a Temporary Use Permit.
      (1)   Non-Community Garage Sales, Yard Sales, and Estate Sales. uch uses shall not be operated from any property for more than six (6) days during the calendar year. Signage shall be limited to that allowed by §§ 159.160 et seq. A sign permit is not required.
      (2)   Community Garage Sales. Such uses shall not be operated from any community for more than twenty (20) days during the calendar year. Signage shall be limited to that allowed by §§ 159.160 et seq. A sign permit is required with no fee assessed.
      (3)   Tents for Private Residential Events. Such uses are permitted for a total of three (3) days per calendar year per property. If a tent of over four hundred (400) square feet is proposed, the Fire Marshall shall review the application.
      (4)   Roadside Stands.
         (a)   The roadside stand may operate for no more than eight (8) weeks.
         (b)   Only one (1) roadside stand shall be permitted per property.
         (c)   Are located on residentially zoned property where the products are grown.
         (d)   Products for sale shall be limited to those items that are commonly grown, such as field crops, fruits, and vegetables. Homemade food goods such as baked goods, jams, and relishes may constitute a maximum of 25% of the stand products.
         (e)   Stands, signs, and other related structures shall provide a minimum ten (10)-foot setback from all property lines.
         (f)   On-premises signage shall be limited to one (1) unlit sign not to exceed twelve (12) square feet in area and four (4) feet in height.
         (g)   Customer seating areas are prohibited.
         (h)   Roadside stands shall be removed when not in use.
      (5)   Portable Storage Containers for Residential Uses
         (a)   Only one (1) portable storage container may be located on a property at any one time, unless division (d), below, applies.
         (b)   A portable storage container shall be permitted to be located on a property during any calendar year for not longer than thirty (30) days per calendar year unless a valid building permit has been issued for the site.
         (c)   At a construction site where a valid building permit has been issued, up to five (5) portable storage containers for temporary storage of construction material may be located at the site during the entire period of construction until either a temporary certificate of occupancy or a certificate of occupancy is issued, whichever is first applicable.
         (d)   Portable storage containers shall meet the setback requirements of the applicable zoning district, and shall not be placed within any easement; however, for a period of not more than five (5) days, consecutive or non-consecutive, per year, a single portable storage container may be sited within the required front setback.
         (e)   The placement of portable storage containers shall not impede a motor vehicle operator's view of vehicular traffic, bicyclists, or pedestrians.
   (E)   Temporary Uses Not Listed. The Director may authorize a temporary use of up to seven (7) days' duration for any temporary use, not listed in divisions (C) and (D) above, that is determined to be similar to other temporary or permitted uses in the applicable zoning district, if the use has been determined to meet the review factors in division (B)(2), above. Any unlisted temporary use proposed to operate in excess of seven (7) consecutive days or any listed use requesting to operate for a time period longer than listed shall require review by the Board of Zoning Appeals. Other similar uses deemed temporary by the Board of Zoning Appeals may be approved and attached with such time period, conditions, and safeguards as the Board may deem necessary.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 45-8-98, passed 9-14-98; Am. Ord. 55-11-01, spassed 12-11- 01; Am. Ord. 42-5-05, passed 6-14-05; Am. Ord. 95-11-06, passed 12-12-06; Am. Ord. 17-5-09, passed 6-9-09; Am. Ord. 12-2-11, passed 3-15-11; Am. Ord. 32-10-11, passed 11-15-11; Am. Ord. 25-04-15, passed 5-12-15; Am. Ord. 37-10-20, 10-27-20)  Penalty, see § 159.999