1185.02 TEMPORARY USES.
   These regulations are necessary to govern the following uses which are of a non-permanent nature.
   (a)   Temporary Buildings or Uses.
      (1)   In commercial and industrial districts, temporary buildings or uses for purposes incidental to construction work shall be permitted provided they comply with the following regulations.
         A.   Such buildings or uses shall be permitted during the construction period.
         B.   Such buildings or uses not associated with a construction project, may be placed on commercial and industrial lots for up to 15 days in a calendar year without a permit. Temporary storage units placed on commercial and industrial lots for a period between 16 - 180 days in a calendar year shall require a temporary permit. Temporary storage units placed on commercial and industrial lots for a period more than 180 days in a calendar year shall require approval from City Council.
         C.   For temporary buildings or uses meeting the criteria in either subsections (a)(1)A. or B. above, such buildings or uses shall comply with all applicable setbacks for principal buildings and shall not be located in any required open space, landscaped area, right-of- way, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations.
      (2)   In residential districts, temporary storage units, shall be permitted provided they comply with the following regulations.
         A.   Temporary storage units, also known as "POD's - portable on- demand storage structures" for the purposes of this section shall be defined as: any container, storage unit, or other portable structure, other than an accessory building, that can be used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building complying with all applicable regulations.
         B.    Temporary storage units shall be placed on a surface that is maintained in a durable and dustless condition consisting of oiled crushed stone, asphalt, bituminous, concrete, or equivalent surfacing. Such units shall not exceed 8 feet in height, 8 feet in width and 16 feet in length.
         C.    Temporary storage units may be placed on residential lots for up to 15 days in a calendar year without a permit. Temporary storage units placed on residential property for a period between 16-60 days in a calendar year shall require a temporary permit. Temporary storage units placed on residential property for a period more than 60 days in a calendar year shall require approval from City Council.
         D.   No more than one (1) temporary storage unit shall be permitted on a property at any one time.
         E.   Temporary storage units shall not be located in any required open space, landscaped area, right-of-way, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations.
      (3)   In residential districts, roll-off dumpsters, shall not be permitted unless they comply with the following regulations.
         A.   “Roll-off dumpsters" for the purposes of this section shall be defined as containers designed to temporarily hold household rubbish (as defined in 521.005). Roll-Off dumpsters shall not be utilized for the deposit of garbage (as defined in 521.005) and as regulated in Section 521.11.
         B.   Roll-off dumpsters shall be placed on a surface that is maintained in a durable and dustless condition consisting of oiled crushed stone, asphalt, bituminous, concrete, or equivalent surfacing.
         C.   Roll-off dumpsters may be placed on residential lots for up to 30 days in a calendar year without a permit. Roll-off dumpsters placed on residential property for more than 30 days in a calendar year shall require approval by the Planning Director.
         D.   No more than one (1) roll-off dumpster shall be permitted on property at any one time without approval of the Planning Director.
         E.   Roll-off dumpsters shall not be located in any required open space, landscaped area, right-of-way, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations.
         F.   Any Roll-off dumpster subject to this section and in use on the effective date of Ordinance 2013-129 shall be subject to the regulations provided herein and shall not be considered a prior non-conforming use.
            (Ord. 2013-129. Passed 10-24-13.)
   (b)   Temporary Circuses and Carnivals.   Temporary circuses, carnivals, tent shows, sideshows and artificial curiosity exhibits, with the approval of Council, may be permitted. Application shall be made directly to Council. Plans shall be submitted indicating the proposed stages of operation and the future uses or rehabilitation to be carried out on the site. A bond shall be posted guaranteeing that plan will be carried out.
   (c)   Temporary Commercial Sales. Temporary commercial sales, such as sales of plants, flowers, trees, arts and craft and similar items, may be permitted according to the following:
      (1)   Industrial and Commercial Districts: Applications for temporary commercial sales on a lot located in an industrial or commercial district shall be submitted to the Planning Director for approval and may be permitted for up to three months at one site in any twelve month period. All sales areas, including tents and other temporary structures, shall comply with the principal building setbacks.
      (2)   Residential Districts: Temporary sales shall be permitted according to the following:
         A.   Garage Sales. Garage sales, which for the purposes of this section shall include yard sales and similar activities, shall be permitted in any residential district. Any family may conduct two such sales within a twelve-month period upon the property at which they reside for a period not to exceed three consecutive days without obtaining a zoning certificate, provided the provisions of this Zoning Code pertaining to signs and parking are observed.
         B.   Institution Sales Lasting Three Days or Less. The Planning Director may authorize an institution to conduct a sales event provided that such event shall be limited in time to no more than three days.
         C.   Institution Sales Lasting Longer Than Three Days. Council may authorize an institution to conduct a sales event that lasts longer than three days. Application shall be made directly to Council. A site plan shall be submitted along with a written statement from the property owner giving his/her permission for such use if such event is conducted on property other than that which is owned by the institution.
         D.   Produce Grown on the Premises.   The sale of seasonal agricultural products grown or produced on the premises shall be permitted without obtaining a zoning certificate.
            (Ord. 2007-222. Passed 1-10-08.)