(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 may be permitted in any district if such structures are deemed necessary, provided:
A. The use of such structures shall be limited to offices, buildings for the storage of lumber, equipment, and other building material, as well as construction dumpsters.
B. Such construction structures shall be located on pavement or in a landscaped setting approved by the Planning Commission except that all construction dumpsters shall be located only a paved surface.
C. All temporary construction structures shall be set back a minimum of 100 feet from the nearest occupied residential dwelling except for those dwellings located on the same lot. Such setback may be reduced to ten (10) feet for construction dumpsters.
D. A temporary structure for the construction office may be placed on the site no sooner than two weeks before the start of grading or construction and shall be permitted for a period of one year after issuance of the certificate of zoning approval unless an alternative time limit is approved by the Planning Commission based on the scale of the project.
E. In residential zoning districts, the hours of operation or use of the structure shall be restricted to the hours between 7:00 a.m. to 6:00 p.m., and the concentration of vehicles attracted to the premises in connection with such use shall not be more hazardous than normal traffic in a residential district that is being developed.
F. The structure shall not be located within a floodplain or in a location that will obstruct drainage flow.
G. The structure shall not block or prevent access to any fire hydrant.
H. All temporary structures for construction operations shall be removed within fourteen (14) days after the completion of work on the premises for which an occupancy permit has been issued or if construction is not pursued diligently. For residential subdivisions, the temporary construction structures shall be removed after the certificate of zoning approval has been issued for the final dwelling.
I. Such construction structures shall be permitted in all districts, however, only construction dumpsters are permitted on individual lots with residential dwellings, in residential zoning districts. For such uses, the placement of a temporary construction dumpster shall be limited to thirty (30) consecutive days in any single calendar year.
(2) Food Trucks. Food trucks are permitted as a temporary use in the OB, LB, GB, CS, GI, and ITC Districts in accordance with the following:
A. A certificate of zoning approval is required indicating dates and locations the food truck will be in the City and containing a site plan showing the location of the food truck on the lot.
B. Such certificate of zoning approval application shall include a statement from the property owner indicating agreement to the location of the food truck on such lot.
C. Food trucks shall only be permitted on private property and shall operate in an off-street, paved parking space.
D. A food truck operating on a temporary basis shall only be permitted to operate for thirty (30) days in one calendar year.
E. Food trucks cannot be in operation from 11:00 p.m. to 7:00 a.m.
F. Food trucks cannot be located within the required building setback (See applicable zoning districts.).
G. Food trucks cannot block access drives or walkways.
H. All other required permits must be obtained, such as permits from the applicable county health department.
I. These regulations are not applicable to food truck operations that occur during City sponsored events.
(3) Gravel Surface Parking Lot.
B. A temporary gravel surface parking lot may be permitted in areas where solid pavement is otherwise required while a site is under construction but shall only be permitted in areas for parking as established in the approved site plans associated with the certificate of zoning approval.
C. The temporary gravel parking area must be paved in accordance with Section 1121.03(f) prior to final occupancy of the building.
D. The applicant may also remove the temporary gravel surface parking lot as an alternative to paving but in such case, the area that was used as a gravel lot shall be returned to its previous state or planted as a landscaped area.
E. A solid surface driveway shall be provided for vehicles accessing the parking lot from a public street in order to minimize the spread of dirt, dust, and gravel onto a street.
(4) Garage or Estate Sales.
A. Garage or estate sales are permitted up to four times per calendar year on any single lot with a maximum of four (4) consecutive days per each occurrence.
B. A certificate of zoning approval shall not be required for a garage or estate sale, but the sales shall be subject to the general standards applicable to all temporary uses and the time restrictions.
(5) 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 site plans, as applicable, and approved by the Planning Commission. The following provisions shall be met:
A. One 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 for a period of time approved by the Planning Commission for multi-family residential developments.
(6) Temporary Tents. Temporary tents are allowed in all zoning districts subject to the following:
A. In a residential zoning district, one tent is permitted for a maximum of seven (7) days, two (2) times per year, on any lot.
B. Tents that are approved as part of a temporary event in a nonresidential zoning district shall be permitted for a period of up to thirty (30) days. The Planning Commission may approve an extended period of time if approved as a conditional use.
C. A certificate of zoning approval shall be required and the approval shall include an install date and date of removal.
(7) Portable Storage Units.
A. Portable storage units may be permitted in any zoning district as follows:
i. Such units may be used on construction sites, as construction structures, in accordance with Section 1111.02(c)(1).
ii. When the occupant of a property is relocating or renovating, a portable storage unit shall be located on a paved surface, on a private property for a period not to exceed seven (7) consecutive days or fourteen (14) total days in any 180-day period.
iii. When necessary to facilitate general temporary uses not described above, a portable storage unit shall be located on a paved surface on the property for a period not to exceed seven (7) consecutive days or fourteen (14) total days in any 180-day period.
iv. The placement of any portable storage unit shall be in such a manner as not to create a public nuisance.
B. A certificate of zoning approval shall be required for the placement of any portable storage unit.
C. Portable storage units shall not be used to store hazardous or explosive materials.
D. Portable storage units shall not be occupied or used for any housing use.
E. Electric cords or power lines shall not be extended to any portable storage unit.
(Ord. 2022-22. Passed 5-10-22.)