(a) Purpose. This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses and structures do not negatively affect adjacent properties, and provided that such uses or events 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 Applicable to All Temporary Uses and Structures.
(1) All temporary uses and structures shall be reviewed in accordance with this section and all other applicable sections of this code.
(2) All temporary uses and structures shall:
A. Require authorization to proceed through zoning compliance review unless otherwise specifically stated;
B. Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
C. Be compatible with the principal uses taking place on the site;
D. Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
E. Not include permanent alterations to the site;
F. Not maintain temporary signs associated with the use or structure after the activity ends;
G. Not violate the applicable conditions of approval that apply to a site or use on the site;
H. Not interfere with the normal operations of any permanent use located on the property; and
I. Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate parking and traffic movement.
(3) Temporary tents or structures related to a special event that is approved in accordance with this section shall be reviewed as part of that event. Tents, seasonal covers, and temporary carports that are not part of a special event shall be reviewed as an accessory use.
(4) Rummage and garage sales are allowed in accordance with Chapter 761 of the Code of Ordinances.
(c) Permitted Temporary Uses and Use-Specific Standards.
(1) Gravel Surface Parking Lot.
A. A gravel surface parking lot may be permitted while a site is under construction but shall only be permitted in areas for parking as established in the approved plans associated with the site plan approval or zoning compliance review, as applicable.
B. The gravel parking area must be paved in accordance with Section 1119.03(f) or the approved plans prior to occupancy. 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 as a landscaped area.
C. A solid surface or gravel driveway shall be provided so vehicles may access the parking lot from a public street.
(2) Temporary Structures for Construction Purposes. 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, or other building material, temporary toilets, and construction dumpsters.
B. All temporary structures shall be set back a minimum of twenty-five (25) feet from the nearest occupied residential dwelling.
C. No structure may be placed on the site any sooner than two (2) weeks before the start of grading or construction.
D. The structure shall not be located within a floodplain, in the right-of-way, or in any other location that will obstruct drainage or traffic flow.
E. The structure shall not block or prevent access to any fire hydrant.
F. All temporary structures for construction operations shall be removed within thirty (30) days after the completion of work on the premises or in the subdivision for which a certificate has been issued or if construction is not pursued diligently. In no instance shall zoning compliance review for the construction structure allow for its placement for longer than three years.
G. For real estate offices and/or model homes, the following shall apply:
i. The office or model home shall be identified on the improvement plans approved by Village Council.
ii. One temporary real estate sales office or model home per builder or developer, shall be permitted in a section or phase of a new residential or nonresidential development.
iii. The office or home shall be located on a lot approved as part of the subject development or subdivision.
iv. The office or homes shall be operated by a developer or builder active in the same phase or section where the use is located.
v. The office shall be removed, if not within a home, or the model home shall be converted into a permanent residential use once eighty percent (80%) occupancy in the section or phase of the development is reached. For the purposes of these standards, occupancy shall include both the physical occupancy of buildings by the resident or tenant or the sale of a completed building to a private party beyond the builder or developer.
(3) Portable Storage Units. The placement and use of portable storage units shall comply with the following:
A. Only one portable storage unit shall be permitted on a single lot at any one time.
B. Portable storage units shall not exceed eight (8) feet in width or height and sixteen (16) feet in length.
C. Portable storage units shall be permitted on any one lot for a total period of thirty (30) days per calendar year.
D. Portable storage units shall be placed on a paved surface.
E. Portable storage units shall not be located in the floodplain, block a drainage path, and shall not block sidewalks, fire lanes, or bike paths.
F. Portable storage units that are placed on a lot for more than one (1) day shall require zoning compliance review.
G. No part or former part of a semi-trailer or trailer shall be utilized as a portable storage unit or permanent accessory structure in any zoning district. A trailer or semi-trailer with all wheels and tires and a valid license may be utilized as a portable storage unit but shall conform to all requirements for portable storage units.
(4) Temporary Events. A temporary event may be permitted in compliance with the following:
A. The following activities shall be exempt from these temporary use regulations but may still be subject to other sections of this code.
i. Any event sponsored in whole or in part by the Village, Lorain County, State of Ohio, or United States government or the school district.
ii. Any organized activities conducted at sites or facilities typically intended and used for such activities, including, but not limited to, sporting events such as golf, soccer, softball, and baseball tournaments conducted on courses or fields intended and used for such activities and religious services, wedding services, and funeral services conducted at places of worship.
B. Temporary outdoor sales of agricultural products are subject to the provisions of this section.
C. Such activities shall not be conducted in the public right-of-way unless the appropriate license is obtained from the Village.
D. Temporary Event (Limited Impact).
i. A temporary event with limited impact may be permitted with a special event permit, approved by the Mayor, for a maximum of two (2) times per calendar year on any single lot. Such events shall be subject to the general standards for all temporary uses.
ii. The authorization of a temporary event with limited impact shall not exceed three (3) consecutive days per occurrence.
iii. Any temporary event that involves the sale of alcoholic beverages, attendance of over fifty (50) people at one time, overnight stays, or that exceeds three consecutive days in length shall only be permitted if approved as a temporary use with extensive impact.
E. Temporary Event (Extensive Impact).
i. Any temporary event that is not classified as a temporary event with limited impact or that is not specifically exempted or prohibited by this code shall be classified as a temporary event with extensive impact and shall require additional approvals as follows:
a) If the event lasts more than three (3) days but no longer than sixty (60) days, the event may only be authorized if approved by the Mayor, Village Administrator, Village Administrator, Building Inspector, Fire Chief, and Police Chief in compliance with the provisions of this code.
b) If the event is intended to last for more than sixty (60) days, then the event may only be authorized if approved as a conditional use approval in accordance with Section 1105.04 and in compliance with the provisions of this code.
ii. The temporary event shall not create an unreasonable risk of significant:
a) Damage to public or private property beyond normal wear and tear;
b) Injury to persons;
c) Public or private disturbances or nuisances;
d) Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel;
e) Additional and impracticable or unduly burdensome police, fire, trash removal, maintenance, or other public services demands; and
f) Other adverse effects upon the public health, safety, or welfare.
iii. The applicant will be required to hire off-duty Sheffield Village law enforcement police officers to provide security for the event during all hours of operation. The number of officers required shall be determined by the Mayor and Police Chief based on the nature of the event.
iv. The temporary event shall not be of such a nature, size, or duration that the particular location requested cannot reasonably accommodate the event.
v. The temporary event shall not occur at a time and location that has already been permitted or reserved for another permitted temporary event.
vi. In approving the temporary event, the Mayor or Planning Commission, as may be applicable, is authorized to impose such conditions as may be necessary to reduce or minimize any potential adverse impacts upon other properties in the area. Such conditions may include, but are not limited to, conditions that address the following:
a) Provision of adequate vehicular ingress and egress;
b) Control of nuisance factors, such as but not limited to the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat;
c) Regulation of temporary buildings, structures, and facilities, including placement, height, size, and location of equipment and open spaces, including buffer areas and other yards; and
d) Modification or elimination of certain proposed activities.
F. Compliance Required.
i. All permits for temporary special events issued pursuant to this section shall set forth the precise location of the event, duration of the event, hours of operation, and the specific type of activity to be conducted.
ii. Any applicant for a temporary outdoor special event permit shall provide satisfactory proof of liability insurance and shall return the property to its original condition upon the conclusion of the event.
iii. The failure on the part of any applicant to comply with the terms of the permit issued pursuant to this chapter shall result in the revocation of the permit and shall be subject to the provisions of Chapter 1127: Enforcement and Penalties.
(Ord. 2879. Passed 10-23-23.)