171.03  TEMPORARY USES.
   These regulations are intended to prescribe the conditions under which activities of limited duration may be conducted.  The intent is to prevent the creation of nuisances or annoyances to the occupants of adjacent buildings, premises, or property, and to the general public. Considerations for all types of temporary uses listed herein shall include:  compatibility with adjacent uses; potential adverse effects to the surrounding neighborhood because of odor, noise, dust, or other nuisances, especially as they may relate to the consumption of alcohol; parking needs, if applicable; and potential traffic increases and resulting impacts on the surrounding neighborhood or city at large.  Temporary uses are categorized into the following three types: Minor Temporary Uses, Special Events, and Zoning Temporary Uses, as defined and restricted herein; and several special uses.
   1.   Minor Temporary Uses.  Minor temporary uses are those very minor events or uses that are generally short in duration and have negligible effects on surrounding properties. No signage is allowed for these uses and no permit is required. Examples include:
      A.   Events held inside existing structures.
      B.   One-day gatherings on private property, such as graduation parties, reunions, and block parties, that do not include amplified music and are not arranged or held as commercial ventures.
      C.   Model homes.
      D.   Construction offices, trailers, and other equipment but only on active construction sites and as provided for in a construction permit.
      E.   Garage sales, but see restrictions identified later in this section.
   2.   Special Events.  Special events are those minor events or uses that are generally not more than five days in duration and occur infrequently except as noted. A permit is required, subject to approval by the City Administrator and issuance by the City Clerk. The following general regulations apply to these events and will be further defined and restricted in any permit issued:
      A.   Each special event shall be described in a permit issued by the City Clerk prior to commencement of the event.  This permit shall be in addition to all other licenses, permits, or approvals otherwise required by any governmental entity. The City Administrator may impose such conditions on a special event permit as are necessary to meet the purposes of this chapter and protect the public health, safety and welfare, and adjacent uses.  Conditions and limitations that may be imposed may include, but are not limited to:
         (1)   Yard setback and open space requirements;
         (2)   Parking;
         (3)   Fences, walls or other screening;
         (4)   Number and placement of signs;
         (5)   Vehicular and pedestrian ingress and egress;
         (6)   Property maintenance during the course of the activity;
         (7)   Control of illumination, noise, odor, vibration or other nuisances; and
         (8)   Hours of operation.
      B.   Proof of ownership or a signed letter from either the property owner or said owner's authorized representative for the property on which the activity is to take place shall be presented at the time the temporary permit is requested, as well as other contact information for individuals and groups involved.
      C.   All unimproved parking areas and main walk areas shall be maintained to prevent mud tracking or dust entrainment.
      D.   Sanitary facilities, either portable or permanent, shall sufficient in quantity and be made available to all employees, attendants and participants of the activity during its operation hours.
      E.   A bond or cash deposit of up to $1,000.00, to be set by the City Administrator, shall be provided to the City to be used for reimbursement of costs for cleanup and repair of public property, police services, and any other damages to the City or its property resulting from the special event; however, the requirement for said bond or cash deposit shall be waived by the City Administrator for typical noncommercial "block parties" privately arranged by and for residents of a street or neighborhood and lasting less than six hours.
      F.   All sites shall be completely cleaned of debris and temporary structures, including but not limited to trash receptacles, signs, stands, poles, electrical wiring, or any other fixtures and appurtenances or equipment connected therewith, within 48 hours after the termination of the special event.
      G.   The following activities are prohibited unless specifically approved in the permit:
         (1)   Use of public property including streets and rights-of-way.
         (2)   Consumption of alcohol.
         (3)   Amplified music.
         (4)   Signage, either on-site or off-site.
         (5)   Temporary structures or uses located within setback areas established within this ordinance.
      H.   A permit fee shall be set by the City and collected prior to issuance of the permit.
      I.   Examples of special events requiring a permit issued by the City Clerk include:
         (1)   Annual seasonal events such as Christmas tree sales, Halloween haunted houses, and community-sponsored events, permitted only in commercial and industrial zones.
         (2)   Nonprofit events such as runs, walks, bike rides, and similar.
         (3)   Temporary outdoor eating establishments, permitted only in commercial zones.
         (4)   Parking lot sales, sidewalk sales (private sidewalks only), permitted only in commercial zones.
   3.   Zoning Temporary Uses.  Zoning temporary uses are those events or uses that are generally more than five but not more than 90 days in duration and occur not more than once per year. The following general regulations apply to these events and will be further defined in any permit issued:
      A.   Each use shall be described in a permit issued by the Code Official prior to commencement of the event. This permit shall be in addition to all other licenses, permits, or approvals otherwise required by any governmental entity. The Code Official may impose such conditions on a temporary use permit as are necessary to meet the purposes of this chapter and protect the public health, safety and welfare, and adjacent uses.  Conditions which may be imposed may include but are not limited to:
         (1)   Yard setback and open space requirements.
         (2)   Parking.
         (3)   Fences, walls or other screening.
         (4)   Signs.
         (5)   Vehicular and pedestrian ingress and egress.
         (6)   Property maintenance during the course of the activity.
         (7)   Control of illumination, noise, odor, vibration or other nuisances.
         (8)   Hours of operation.
      B.   Proof of ownership or a signed letter from either the property owner or said owner's authorized representative for the property on which the activity is to take place shall be presented at the time the temporary permit is requested, as well as other contact information for individuals and groups involved.
      C.   All unimproved parking areas and main walk areas shall be maintained to prevent mud tracking or dust entrainment. Use of unimproved areas may be prohibited for those uses that are permitted for a longer duration to avoid damaging those areas.
      D.   Sanitary facilities, either portable or permanent, shall be made available to all employees, attendants and participants of the activity during its operation hours.
      E.   A bond or cash deposit of up to $1,000.00, to be set by the City Administrator, shall be provided to the City to be used for reimbursement of costs for cleanup and repair of public property, police services, and any other damages to the City or its property resulting from the zoning temporary use.
      F.   All sites shall be completely cleaned of debris and temporary structures, including but not limited to trash receptacles, signs, stands, poles, electrical wiring, or any other fixtures and appurtenances or equipment connected therewith, within 48 hours after the termination of the special event.
      G.   The following activities are prohibited unless specifically approved in the permit:
         (1)   Use of public property including streets and rights-of-way.
         (2)   Consumption of alcohol.
         (3)   Amplified music.
         (4)   Signage, either on-site or off-site.
         (5)   Temporary structures or uses located within setback areas established within this ordinance.
      H.   A permit fee shall be set by the City and collected prior to issuance of the permit.
      I.   Examples of zoning temporary uses permitted include:
         (1)   Stands for the sales of agricultural products.
         (2)   Retail sales of nursery materials.
         (3)   Other similar uses described in the definition of this type of use.
   4.   Temporary Portable Storage Containers.  A permit is required prior to placement of any temporary portable storage containers, to be obtained from the Building Department. Requirements of the permit include the following:
      A.   Maximum duration of use is no more than 30 days in any calendar year.
      B.   No container shall be more than 8 feet in height, nor more than 16 feet in length in residential districts or 40 feet in length in all other districts.
      C.   Containers shall not be stacked vertically.
      D.   Containers shall be located totally on the owner's lot, and no part of any container shall be located on any public property.
   5.   Commercial Dumpsters. Commercial dumpsters located on a private lot for more than 7 consecutive days are permitted only as part of another permit issued by the Building Department, such as a building permit or demolition permit; or through the commercial dumpster permit listed in item B of this section. Commercial dumpsters located on a private lot for 7 consecutive days or less do not require a permit.
      A.   Commercial dumpsters permitted with issuance of another permit are subject to the following requirements:
         (1)   Containers shall not be stacked vertically.
         (2)   Containers shall be located totally on the owner's lot, and no part of any container shall be located on any public property.
      B.   Commercial dumpsters permitted by commercial dumpster permit are subject to the following requirements: Containers shall not be stacked vertically.
         (1)   Containers shall be located totally on the owner's lot, and no part of any container shall be located on any public property.
         (2)   Maximum duration of use is no more than 30 days in any calendar year. No container shall be more than 8 feet in height, nor more than 16 feet in length in residential districts or 40 feet in length in all other districts.
   6.   Garage Sales.  Garage sales are restricted to no more than one three-day event per 180-day period. Garage sales occurring more frequently shall be considered a commercial retail sales business in a residential zone, which is prohibited. Permits are not required, but temporary sign regulations as specified in section 173.13 apply.
(Ord. 2019-07 - May 19 Supp.)