The following temporary uses and structures shall be allowed in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this title. Where the general standards of the zoning ordinance vary from the standards in this section, the standards of this section shall apply.
(A) Garage, rummage, yard, estate, and/or boutique sales in residential districts are permitted to utilize temporary structures, but shall be limited to three sales each calendar year per dwelling unit, and shall not exceed three consecutive days per sale or nine total days in duration per year. The maximum daily hours of operation shall be 8:00 a.m. to 6:00 p.m. Temporary structures shall not exceed a total of 400 square feet. Temporary structures erected in conjunction with a garage or boutique sale shall be limited to temporary tent or tarp shelters, and must be placed no closer than three feet to a property line.
(B) Special or celebratory events in all zoning districts are permitted to utilize temporary structures, limited to tent or tarp shelters; shall be limited to three events each calendar year per principal building; and shall not exceed a single day per event or three total days in duration per year. Temporary structures in residential districts shall not exceed a total of 400 square feet. Temporary structures erected in conjunction with a special or celebratory event must be placed no less than three feet from a property line. Temporary structures shall be allowed in the Recreation and Open Space District or on public property regardless of zoning district, and shall be exempt from the limitations of this section.
(C) Temporary greenhouses on residential properties shall be permitted for a period of no more than 180 days per calendar year. One temporary greenhouse shall be allowed in addition to, and exempt from, the requirements of § 154.176, accessory structures. Such greenhouses shall be located no closer to any public street than the rear building line of a residential lot, and shall be placed no closer than five feet from any side or rear lot line or any alley. Greenhouses exceeding a duration of 180 days per year shall require a building permit, shall meet all other standards of the city code, and shall meet all required accessory building regulations per § 154.176.
(D) Construction sites: storage of building materials and equipment or temporary buildings for construction purposes on sites which have active building permits shall be located on the same lot as the project under construction, not in any public right-of-way, and shall be removed within 30 days following completion of construction and/or termination of the applicable building permit, whichever is sooner.
(E) Portable restroom facilities shall be allowed in all districts per the following requirements.
(1) In all residential districts, one portable restroom facility shall be allowed in conjunction with a permitted construction activity. The activity must be permitted by the city; the duration of the portable restroom facility cannot begin prior to the issuance of the permit and must end prior to either the expiration date of the permit or the final approval of permitted work by the City Building Inspector, whichever is shorter. Portable restroom facilities within these districts must be located no closer to any public street than the front building line of the house, and at least five feet from a property line. Where portable restroom facilities are allowed, but cannot be placed to meet these requirements due to physical condition of the property, they may be placed in the driveway in front of the principal residence, and encroach in front of the building line no more than eight feet. In such cases, portable restroom facilities shall be placed in such a way as to maximize, insofar as practicable, screening of view from the public right-of-way and/or residentially-zoned property, while acknowledging the need for service and maintenance access.
(2) In all Commercial, Industrial, and PUD Districts, portable restroom facilities shall be allowed in conjunction with a permitted construction activity. The activity must be permitted by the city; the duration of the portable restroom facility cannot begin prior to the issuance of the permit and must end prior to either the expiration date of the permit or the approval of permitted work by the City Building Inspector, whichever is shorter. Portable restroom facilities within these districts must be completely shielded from public view by a fence or other opaque screening method equal in height to no less than that of the structure when viewed from the street.
(3) In any R/OS, Recreation and Open Space District, portable restroom facilities shall be allowed for purposes of serving the public use of property as needed.
(4) In all districts, portable restroom facilities shall be placed in such a way as to maximize, insofar as practicable, screening of view from the public right-of-way and/or residentially-zoned property, while acknowledging the need for service and maintenance access.
(F) Accessory seasonal outdoor sales, within a Commercial or PUD District, is allowed per the following requirements:
(1) The seasonal outdoor sales is an accessory aspect of the principal business on the property;
(2) Issuance of a conditional use permit (CUP). For recurring seasonal sales, the CUP shall be valid for each year the sales area is reestablished under an administrative permit issued by the Zoning Administrator. A lapse of more than one year, or a change to the configuration or size of the proposed sales area, shall require an amendment to the conditional use permit;
(3) Shall be allowed for no longer than 180 consecutive days each calendar year;
(4) The outdoor sales area shall be located within the parking lot in a location so as not to disrupt the safety and flow of customer traffic;
(5) The outdoor sales area shall not eliminate parking spaces to an amount that is detrimental to primary use or function of the site;
(6) The outdoor sales area shall not obstruct existing pedestrian access on the site, whether from parking areas to the building entrance or from the public street to the building entrance; and
(7) Accessory structures in conjunction with the seasonal sales shall meet all applicable Fire Codes and parking lot setback requirements. Enclosed structures 200 square feet or more in size and/or open-sided canopies 400 square feet or more require a review and inspection by the Fire Marshal.
(Ord. 2023-01, passed 7-11-2023)