(A) Purpose. The purpose of this section is to provide for the regulation of the erection of temporary structures, and structures needed for emergency purposes or for temporary use during the construction of a permanent structure, and to protect and provide for the public's health, safety, and welfare and to protect adjacent property values from being negatively impacted.
(B) Temporary structure defined. A TEMPORARY STRUCTURE shall be defined as any structure not permanently affixed to a foundation which is designed to be transported or dismantled after its function has been fulfilled. These structures may include but are not limited to portable shelters, party tents, facilities in conjunction with construction or emergency activities, and storage pods.
(C) Removal of temporary structure. Temporary structures shall be removed when the designated time period, event, or use for which the temporary structure has been created as established in the land use and zoning permit has ceased.
(D) Procedure. Temporary structures governed by this section shall be allowed by a land use and zoning permit, as may be issued by the Zoning Administrator, in all zoning districts.
(E) Site plan required. A site plan is required in conjunction with the application for a land use and zoning permit injunction with the establishment of new or remodeled temporary structures.
(F) Special requirements for temporary structures.
(1) A time limit shall be established for temporary structures to remain on a site as a part of the land use and zoning permit. Temporary structures allowed by shall be limited to a total of 120 days in duration within a 12-month period. Applicants shall acknowledge and certify the temporary structure shall be in place for 120 days or less. The Planning Commission may extend the 120-day time limit if a practical difficulty exists for a one time additional term not to exceed 120 additional days. The applicant bears the burden of proving a practical difficulty exists.
(2) Temporary structures shall follow the required building setbacks of the applicable zoning district. Any temporary structure is to be located within the interior side yard or rear yard of the site.
(3) No temporary structure shall be allowed to be serviced by water, sewer, electric, gas or any other type of utility.
(4) There shall be no more than one temporary structure per parcel.
(5) A temporary structure must be sufficiently anchored to withstand overturning, uplifting, or sliding from an 80 mile-an-hour wind.
(6) A temporary structure must be of sufficient design to withstand a snow load of 20 pounds per square foot if the structure will be in place at any time during the months of November through April.
(7) No temporary structure shall be placed on a right-of-way or utility easement without receiving prior approval from the Planning and Zoning Department.
(8) Party tents or tents for promotional sales shall be allowed up to ten calendar days per year without having to obtain a land use and zoning permit.
(9) Temporary structures shall not be used for habitation purposes.
(G) Right of appeal. Decisions of the Zoning Administrator may be appealed pursuant to the provisions of § 30.09 of this code.
(Ord. 195, 3rd Series, passed - -) Penalty, see § 152.99