The intent of temporary use and structure standards is to protect the public health, safety and welfare of the residents of the zoning jurisdiction of the city by establishing standards for temporary uses and temporary structures.
(A) TU-01: general temporary use and structure standards. The temporary use and structure standards in this division (A) applies to the following zoning districts: PR; AG; IA; R1; R2; R3; UR; M1; M2; MP; UV; IS; NC; LC; GC; OC; CB; HC; EP; IC; I1; I2; and HI. The following standards apply.
(2) Permits. A temporary improvement location permit shall be obtained prior to establishing the temporary use or structure except as indicated otherwise in this section.
(3) Types.
(a) Fund-raising events. Fund-raising events (e.g., pancake breakfast, fish fry and car wash) shall be permitted and shall be exempt from obtaining a temporary improvement location permit if the duration of the event is less than 24 hours over a two- day period.
(c) Portable storage. Portable storage (e.g., PODS) units shall be permitted as described below.
1. Permit. Portable storage units shall be exempt from obtaining a temporary improvement location permit if the portable storage unit is not located on the lot for more than:
a. Residential district. Fourteen cumulative days per calendar year;
b. Parks or institutional district. Thirty cumulative days per calendar year;
c. Commercial. Thirty cumulative days per calendar year; and
d. Agriculture and industrial. One hundred and twenty cumulative days per calendar year.
2. Extension. An extension to the maximum duration shall only be considered and approved by the Zoning Administrator. This extension is fully discretionary. If an extension is granted, it shall require a new temporary improvement location permit.
3. Location. Portable storage units shall be located as follows:
a. Parks or institutional district. Side yard or rear yard, whichever is least visible from public view; and
b. Commercial. Rear yard only and shall meet the accessory structure standards.
(d) Portable storage exemption. A lot where a building permit has been issued may utilize portable storage units without permit and for the duration of construction (i.e., until occupancy permit has been issued).
(e) Portable storage unit restrictions. A portable storage unit shall not exceed eight feet six inches in height, ten feet in width and 20 feet in length.
(4) Termination. Temporary uses shall be terminated and structures removed at the end of the permitted event period.
(Ord. 10-2010, passed - -2010, § 5.88)
(B) TU-02: roadside sales of produce standards. The temporary use and structure standards in this division (B) applies to the following zoning districts: PR; and AG.
(1) Generally. The following standards in division (B)(2) below apply.
(2) Roadside sales of produce. The roadside sales of farm produce shall be permitted if the following conditions are met.
(a) Grown on-site. Eighty percent of the produce offered for sale shall be grown on the same lot the where the roadside sales is located.
(b) Sales stand. The sales stand shall be portable or seasonal construction, shall comply with the provisions of § 165.293 (Vision Clearance Triangle Standards), and shall be removed so as to observe the setback line for accessory structures when not in use.
(c) Parking. The roadside sales of produce shall be arranged so that parking does not block any right-of-way.
(Ord. 10-2010, passed - -2010, § 5.89)
(C) TU-03: model home standards. The temporary use and structure standards in this division (C) applies to the following zoning districts: R1; R2; R3; and M1.
(1) Generally. The following standards in division (C)(2) below apply.
(2) Model homes. Model homes, apartments and condominiums that contain a sales office shall be permitted with the following requirements.
(a) Duration. The duration of a temporary improvement location permit for a model home, apartment or condominium shall be three years and may be renewed annually after the initial three-year period.
(b) Location. Model homes, apartments and condominiums shall be on the site of the development for which the sales are taking place.
(c) Parking. The model home, apartment or condominium shall provide the required parking in parking standards for the applicable district.
(Ord. 10-2010, passed - -2010, § 5.90)
(D) TU-04: farmer’s market standards. The temporary use and structure standards in this division (D) applies to the following zoning districts: IS; NC; LC; and CB.
(1) Generally. The following standards in division (D)(2) below apply.
(2) Farmer’s market. Farmer’s markets shall be permitted and exempt from obtaining a temporary improvement location permit provided the following standards are met.
(a) Duration. The farmer’s market shall occur on a regular basis, no more than twice per week, for a period not to exceed seven months per calendar year.
(b) Location. The farmer’s market shall consists of vendors transporting produce and products to the site of the farmer’s market, setting up tables or booths, and removing all produce, products, tables and booths at the end of the day.
(c) Parking. One parking space shall be required for every vendor space in a farmer’s market. The required parking spaces shall be within 600 feet of the farmer’s market and may include on street parking spaces and public parking lots.
(Ord. 10-2010, passed - -2010, § 5.91)
(E) TU-05: sale of seasonal items standards. The temporary use and structure standards in this division (E) applies to the following zoning districts: NC; LC; GC; OC; CB; HC; and IC.
(1) Generally. The following standards in division (E)(2) below apply.
(2) Sale of seasonal items. The sale of seasonal items such as Independence Day fireworks, Christmas trees and Halloween pumpkins shall be permitted if the following standards are met.
(a) Duration. The duration of a temporary improvement location permit for the sale of seasonal items shall be no more than 45 days. All unsold merchandise shall be removed within five days after the expiration of the temporary improvement location permit.
(b) Location.
1. The sale of seasonal items shall be on a lot that fronts a collector or arterial street.
2. The sale of seasonal items shall be at least 50 feet from residential zoning districts.
(c) Additional requirements. The sale of seasonal items shall comply with all requirements of applicable state laws.
(Ord. 10-2010, passed - -2010, § 5.92)
(F) TU-06: food truck standards. The temporary use and structure standards division (F) applies to the following zoning districts: LC; GC; OC; CB; HC; and EP.
(1) Generally. The following standards in division (F)(2) below apply.
(2) Food trucks.
(a) Duration. Food trucks shall be permitted without an improvement location permit for up to five hours on any single day, on any single lot unless part of a festival or event approved by appropriate governing bodies.
(b) Location. Food trucks shall be located off-street on private or public property with the permission of the property owner.
(c) Additional requirements. Food trucks shall not utilize signs other than those painted or adhered to the truck.
(Ord. 10-2010, passed - -2010, § 5.93)