(A) Purpose. Provisions authorizing temporary uses are intended to permit occasional, temporary uses and activities when consistent with the purposes of the zoning regulations and when compatible with other nearby uses.
(B) Temporary use types. The following types of temporary uses may be authorized subject to specific limitations herein and such additional conditions as may be established by the Building and Zoning Officer:
(1) Contractor’s office, storage yard and equipment parking and servicing on the site of an active construction project;
(2) Religious, patriotic or historic assemblies, displays or exhibits;
(3) Circuses, carnivals, rodeos, fairs or similar transient amusement or recreational activities not closer than 200 feet from an existing dwelling;
(4) Outdoor art and craft shows and exhibits;
(5) Christmas tree sales lots;
(6) Mobile home residence for occupancy by supervisory or security personnel on the site of an active construction project;
(7) Outdoor special sales, including swap meets, flea markets, parking lot sales or similar activities, limited to locations in commercial or industrial districts, and when operated not more than three days in the same week or more than five days in the same month;
(8) Temporary use of mobile trailer units or similar portable structures for non-residential uses, located in districts where the use is a permitted use, and limited to a maximum period of six months;
(9) Seasonal retail sale of agricultural or horticultural products raised or produced off-premises, when located not closer than 200 feet to an existing dwelling;
(10) Additional temporary uses determined to be similar to the foregoing by the Building and Zoning Officer; and
(11) Temporary signs relating to temporary uses.
(C) Required conditions of temporary uses.
(1) Each site occupied by a temporary use shall be left free of debris, litter or other evidence of the temporary use upon completion or removal of the use.
(2) A temporary use conducted in a parking facility shall not occupy or remove from availability more than 25% of the spaces required for the permanent use.
(3) The Building and Zoning Officer may establish such additional conditions as he or she deems necessary to ensure land use compatibility and to minimize potential impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or enclosure, and guarantees for site restoration and cleanup following the temporary use.
(D) Determinations. The Building and Zoning Officer may authorize a temporary use only when, in his or her judgment, the following determinations can be made:
(1) The temporary use will not impair the normal, safe and effective operation of a permanent use on the same site;
(2) The temporary use will be compatible with nearby uses in the general vicinity; or
(3) The temporary use will not impact public health, safety or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity.
(E) Application and authorization.
(1) Application to conduct a temporary use shall be made to the Building and Zoning Officer, and shall include a site plan and description of the use, and such additional information as the Building and Zoning Officer may require to evaluate the use and to make the determination required by these provisions.
(2) Application shall be made at least ten days prior to the requested date for commencement of the temporary use, and the Building and Zoning Officer shall make a determination whether to approve, approve conditionally or to deny the temporary use within five days after the date of application.
(3) Authorization of a temporary use shall be by issuance of a zoning permit or a certificate of occupancy.
(F) Extension. Authorization for a temporary use may be renewed by the Building and Zoning Officer, upon request of the applicant; provided temporary use shall not be authorized or continued for a period of more than one year except upon a new application and authorizations.
(Prior Code, § 9-11-2) (Ord. passed 10-11-1990)