§ 155.092 TYPES, REQUIREMENTS AND PROCEDURES FOR TEMPORARY USES.
   (A)   Temporary uses are characterized by their short-term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers; leasing offices; temporary carnivals and fairs; parking lot sales; retail warehouse sales; and seasonal sales, such as Christmas tree sales and vegetable stands.
   (B)   Four types of temporary uses require permit approval. (See divisions (B)(1), (B)(2), (B)(3) and (B)(4) below.)
      (1)   Seasonal and special events. These types of uses occur only once in a calendar year and for no longer a period than 60 days. Using the limited land use (Type I) procedure under § 155.091 of this chapter, the city shall approve, approve with conditions or deny a temporary use permit based on findings that all of the following criteria are satisfied:
         (a)   The use is permitted in the underlying land use district and does not violate any conditions of approval for the property (for example, prior development permit approval);
         (b)   The applicant has proof of the property owner’s permission to place the use on his or her property;
         (c)   Parking will be utilized by customers and employees of the temporary use which is needed by the property owner to meet their minimum parking requirement;
         (d)   The use provides adequate vision clearance and shall not obstruct pedestrian access on public streets;
         (e)   Ingress and egress are safe and adequate when combined with the other uses of the property;
         (f)   The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use; and
         (g)   The use is adequately served by sewer or septic system and water, if applicable. (The applicant shall be responsible for obtaining any related permits.)
      (2)   Temporary sales office. Using a limited land use (Type I) approval procedure under §§ 155.025 through 155.033 of this chapter, the city may approve, approve with conditions or deny an application for the use of any real property within the city as a temporary sales office or offices for the purpose of facilitating the sale of real property in any subdivision or tract of land within the city, but for no other purpose, based on the following criteria.
         (a)   The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold;
         (b)   The property to be used for a temporary sales office shall not be permanently improved for that purpose; and
         (c)   Conditions may be imposed regarding temporary utility connections and as necessary to protect public health, safety or welfare.
      (3)   Temporary building, trailer, kiosk or structure. Temporary placement of a building, trailer, kiosk or structure, including, but not limited to, prefabricated building(s), for use on any real institutional, commercial or industrial property within the city shall require a development permit. Using a limited land use (Type I) approval procedure under §§ 155.025 through 155.033 of this chapter, the city may approve, approve with conditions or deny an application for a placement of a building, trailer, kiosk or structure for temporary use, or temporary placement, such as a temporary commercial or industrial use or space associated with the primary use on the property, based on following criteria.
         (a)   The temporary trailer or building shall be located within the specified property line setbacks of the parcel of land on which it is located.
         (b)   The primary use on the property to be used for a temporary trailer is already developed or has received land use approval.
         (c)   Ingress and egress are safe and adequate as demonstrated by an approach permit approved by the road authority, as applicable.
         (d)   There is adequate parking for the customers or users of the temporary use.
         (e)   The use will not result in vehicular congestion on streets.
         (f)   The use will pose no impediment or hazard to pedestrians in the area of the use.
         (g)   The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use.
         (h)   The building complies with applicable building codes.
         (i)   The use can be adequately served by sewer or septic system and water, if applicable. (The applicant shall be responsible for obtaining any related permits.)
         (j)   The length of time that the temporary building will be used does not exceed six months. When a temporary building exceeds this timeframe, the applicant shall be required to remove the building or renew the temporary use permit for no more than one additional year.
         (k)   Conditions may be imposed regarding temporary utility connections and as necessary to protect public health, safety or welfare.
      (4)   Model home constructed prior to subdivision plat recording. Using a limited land use (Type I) approval procedure under §§ 155.025 through 155.033 of this chapter, the city may approve, approve with conditions or deny an application for construction of model homes prior to subdivision plat recording, based on the following criteria:
         (a)   The subdivision is located within the city limits;
         (b)   The proposed subdivision includes four lots or more (not a partition);
         (c)   Land use approval for the subdivision has not expired;
         (d)   The final plat for the approved subdivision has been submitted to the city and county surveyor for review according to the provisions of § 155.595;
         (e)   Safe and adequate pedestrian and vehicle access is provided to the model home(s), with all streets serving the model home(s) constructed according to approved engineering plans, with a minimum of a sidewalk to city standards along the frontage of each model home lot, curbs and the first lift of asphalt completed;
         (f)   Adequate fire access and water supply is provided, including fire hydrants;
         (g)   Adequate parking is provided;
         (h)   Any improvement to the property is designed and constructed to not preclude full compliance with all applicable development standards upon final plat approval. The applicant bears the sole and complete risk of altering or relocating the model home prior to final plat approval if such actions are necessary for it to comply with all applicable development standards upon final plat approval;
         (i)   Each model home must be located and constructed on a separate preliminary lot intended for a dwelling unit as shown on the preliminary plat and in conformance with all applicable development standards, including but not limited to: setbacks, lot coverage, height, facade design, and access. The lot on which the model home is located is not a final approved lot for any purpose. A model home approval is not the basis for an adjustment, variance, vested right or nonconforming use;
         (j)   Security in a form and amount acceptable to the city is provided for construction of all public utilities as identified on the approved public improvement plans;
         (k)   The total number of model homes:
            1.   Does not exceed three, or one for every eight acres of land within an approved master plan, whichever is greater (no rounding up is permitted); or
            2.   Does not exceed one, or one for every eight acres of land proposed for subdivision in a preliminary plat that is not within an approved master plan, whichever is greater (no rounding up is permitted);
         (l)   The applicant obtains a temporary use permit and building permit for each structure;
         (m)   The temporary use application for a model home must include authorization from the owner, binding its successors and assigns, for the city to enter the property and take such actions as are necessary to demolish and remove any structure that has been declared a nuisance pursuant to Ch. 92 of this code;
         (n)   If final plat approval is not obtained prior to the expiration of the preliminary plat approval, each model home must be removed and the property restored and made safe by the applicant or owner. This must occur no later than 60 days after the expiration of the preliminary plat approval;
         (o)   A model home not removed in compliance with subdivision (B)(4)(n) of this section shall be declared a nuisance. The city will enter the property and abate the nuisance by taking such actions as are necessary to demolish and remove the structure in compliance with the owner authorization and performance bond required in subdivision (B)(4)(m) of this section; and
         (p)   The standards put forth in subdivisions (B)(4)(n) and (B)(4)(o) of this section do not apply to an otherwise lawful dwelling unit or units on a legal lot of record.
(Prior Code, § 16.210.010) (Ord. 451, passed 6-4-2018; Ord. 468, passed 5-4-2020)