(A) General.
(1) Description and purpose.
(a) A temporary use is a use of private property that does not require a building permit and that is not allowed by the subject zoning district.
(b) The temporary use regulations of this section are intended to permit such occasional, temporary uses and activities when consistent with the purposes and regulations of this zoning ordinance.
(2) Agricultural and residential districts. The Zoning Administrator is authorized to approve temporary uses in agricultural and residential districts in accordance with the following tables and all other applicable regulations of this zoning ordinance.
Temporary Use | A-1 | A-2 and all Residential Districts |
Temporary Use | A-1 | A-2 and all Residential Districts |
Batch plant for specifically defined construction | Yes | Yes |
Carnival or circus | Yes | No
|
Events of public interest | Yes | Yes |
Real estate sales office | Yes | Yes |
Temporary sales | Yes | No
|
Emergency shelter | Yes | Yes |
Residence during construction | Yes | Yes |
Structures for classrooms | Yes | Yes |
Mobile storage units | Yes | Yes |
Temporary liquor sales | Yes | Yes |
Yes = Zoning Administrator authorized to approve | No = Zoning Administrator may not approve | ||
(3) Commercial and industrial districts. The Zoning Administrator is authorized to approve temporary uses in C and I districts in accordance with the following tables and all other applicable regulations of this zoning ordinance.
Temporary Use | C-1 | C-2 | C-3 | C-4 | C-5 | C-6 | I-1 | I-2 | I-3 |
Temporary Use | C-1 | C-2 | C-3 | C-4 | C-5 | C-6 | I-1 | I-2 | I-3 |
Batch plant[1] | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Carnival or circus | Yes | Yes | Yes | Yes | No
|
Yes | No
|
No
|
No
|
Events of public interest | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Real estate sales office | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Temporary sales | Yes | Yes | Yes | Yes | Yes | Yes | No
|
No
|
No
|
Temporary liquor sales | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Yes = Zoning Administrator authorized to approve | No = Zoning Administrator may not approve | |||||||||
[1]
During specifically defined construction projects | |||||||||
(4) Temporary use permit required. No temporary use may be established unless a temporary use permit evidencing the use's compliance with the provisions of this section and all other applicable provisions of this zoning ordinance has been issued by the Zoning Administrator. The Zoning Administrator is authorized to impose conditions on temporary use permits.
(5) Applications, notices and decision- making.
(a) Applications for temporary use permits must be submitted to the Zoning Administrator.
(b) Whenever this zoning ordinance states that notice must be provided to governmental agencies and abutting property owners, applicants must deliver notice to all owners of property abutting the subject parcel, in accordance with § 155-16.10(D)(3). Notice must also be delivered to local governments and governmental agencies, as determined by the Zoning Administrator.
(c) If the Zoning Administrator receives a written objection to the proposed temporary use or the use is not authorized by the temporary use provisions of this section, the application may not be approved by the Zoning Administrator and must be considered by the Planning and Zoning Commission. Applicants for uses that require Planning and Zoning Commission consideration are required to deliver notice to abutting property owners in accordance with § 155-16.10(D)(3).
(6) General standards. The following standards apply to all temporary uses unless otherwise expressly stated:
(a) Access approval from the highway authority with jurisdiction over the subject road is required.
(b) No temporary electrical supply may be installed without an electrical permit and inspection.
(c) Temporary structures must be located at least four feet from any buildings or structures on the subject property.
(d) The Zoning Administrator is authorized to require evidence of approval from the Will County Health Department regarding temporary sanitary facilities.
(e) No signs in connection with a temporary use are permitted except in accordance with the provisions of Article 155-13. All temporary signage must be removed immediately upon cessation of the temporary use.
(f) Temporary uses or structures may not encroach into any required landscaping.
(g) Parking areas must be provided for the temporary use (in addition to required parking for any principal use existing or proposed on the site), and such areas must be capable of accommodating the number of parking spaces that are required for the most similar use subcategory or use type under Article 155-13.
(h) The Zoning Administrator is authorized to suspend, revoke, or modify a temporary use permit immediately upon determination that the conditions and requirements set forth in the permit have been violated. Written notice of the Zoning Administrator's determination to suspend, revoke, or modify the permit must be promptly provided to the applicant. If the non-compliance is not cured within three calendar days after receipt of this determination, the determination under this division is final and conclusive. The applicant may appeal to the Planning and Zoning Commission, by filing a notice of appeal with the chairperson of the Planning and Zoning Commission within ten calendar days after receipt of notice of the Zoning Administrator's determination.
(i) The Zoning Administrator is authorized to deny temporary use permits to any person who owns property on which an uncorrected violation is present or who applied for or otherwise caused an uncorrected violation of a provision of this zoning ordinance or who has demonstrated a willful history of violations, including any condition attached to a permit or approval previously granted by the county. This provision applies regardless of whether the property for which the permit or other approval is sought is the property in violation.
(j) The Zoning Administrator is authorized to deny temporary use permits on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this zoning ordinance, including any condition attached to a permit or approval previously granted by the county. This enforcement provision applies regardless of whether the current owner or applicant is responsible for the violation in question.
(k) The main road from which access is taken must be kept free of dust, dirt, mud and other debris.
(l) Any food service operation that sells, prepares or serves potentially hazardous food must obtain appropriate permits from the Will County Health Department and is subject to inspection.
(B) Batch plants (for specifically defined construction).
(1) Batch plants must be located a minimum of 1,000 feet from any building used for residential purposes.
(2) The period for which such permit is valid must be stated on the permit and may not exceed the duration of the construction contract by more than 14 days.
(3) All facilities placed or located on the site must be removed and the site restored to a clean and vegetated condition within the time-frame of the permit.
(C) Carnivals and circuses.
(1) The maximum length of the permit is ten days and no more than one permit may be issued per zoning lot in any calendar year.
(2) No structure or equipment may be located within 200 feet of any (off-site) building used for residential purposes.
(D) Events of public interest. The Zoning Administrator is authorized to approve events of public interest, such as races for motorized vehicles, water craft or aircraft races, haunted houses, fall festivals, gun shows, outdoor concerts, public fireworks displays and similar activities. Note: Entertainment and sporting events are regulated under § 155-8.40(K) and § 155-9.120. Events of public interest are subject to the following regulations:
(1) Unless otherwise expressly approved, all uses and activities are limited to specified hours and a maximum of three consecutive days and no more than 21 days per calendar year per zoning lot.
(2) All activities and uses are limited to the dates and hours of operation specified in the permit.
(3) Events of public interest are permitted in residential districts only when located on the site of a permitted nonresidential use.
(4) Traffic control must be arranged by the operators of the event with the appropriate road jurisdiction and law enforcement agency.
(5) Public parking for the exclusive use of the facility/event must be provided and a stabilized drive to the parking area must be maintained. It is the responsibility of the operators to guide traffic to these areas. No parking is allowed on any road or public right-of-way.
(6) Noise levels associated with events of public interest must comply with all applicable noise regulations of the county code.
(7) The site must be cleared of all debris within 24 hours of the end of the event and cleared of all temporary structures within seven days after closing of the event. A cash bond or other assurance may be required by the Zoning Administrator to ensure clean up. Bond amounts must be based on the estimated costs of clean-up and site restoration.
(8) If liquor will be used, sold or consumed on the property, a liquor permit must be obtained from the Will County Liquor Commissioner, as required by the Will County Liquor Control Ordinance.
(9) The Zoning Administrator is authorized to require proof of insurance to ensure public safety and protection.
(10) It is the responsibility of the applicant to see that the area used for the event is maintained in a condition that provides for the public health, safety and welfare for event attendees and neighbors alike.
(11) In addition to the conditions listed above, a temporary use permit for supervised public displays is subject to the terms and conditions of all applicable county ordinances.
(12) Private, non-commercial events on the host's property such as agriculture-related training, homeowners' association picnics at the subdivision park, corporate picnics on the corporate campus, graduation celebrations and weddings at a private residence or subdivision clubhouse, etc., are not considered events of public interest.
(E) Real estate sales offices.
(1) Real estate sales offices are allowed in any zoning district for any new development approved in accordance with this zoning ordinance. Unless otherwise expressly approved by the Zoning Administrator, the real estate sales office must be located on the site of a new development. The office may not be used as a residence, but a model home may be used as a temporary sales office.
(2) The maximum length of the permit is 179 days. Permits may be renewed throughout the sales period of the development.
(3) Applications to establish temporary real estate sales offices prior to final plat approval must be accompanied by a signed affidavit from the builder and property owner acknowledging that the builder/ owner will remove any structures, including model homes, if the preliminary plat lapses prior to approval of the final plat. The affidavit must be in a form specified by the Zoning Administrator.
(F) Off-premise seasonal farm produce sales.
(1) Seasonal sales of farm produce may be allowed by temporary use permit in all zoning districts for a period not to exceed six months per calendar year. In residential zoning districts, seasonal sale of farm produce is allowed only on parcels with a minimum area of 80,000 square feet and a minimum road frontage of 190 feet.
(2) Temporary sales are allowed only during daylight hours, with specified hours of operation specified in the temporary use permit.
(3) All sales must be conducted at least 30 feet from all streets, public rights-of-way, residential zoning districts and lots occupied by residential uses.
(4) The property must be of sufficient size to provide adequate off-street parking in addition to required parking for any existing use on the property.
(5) Sales must be conducted in such a manner so as not to interfere with traffic or cause a nuisance.
(6) The access drive to the site must be located at least 150 feet from the right-of-way of any public road intersection or other major access drive unless there is an existing access within 150 feet of the intersection and the highway authority having jurisdiction grants approval to use the existing access.
(G) Temporary holiday material sales.
(1) Christmas tree, pumpkin and similar customary outdoor holiday material sales may be allowed by temporary use permit in all zoning districts for a period not to exceed 45 days per calendar year. If the principal use of the property is a retail greenhouse/nursery or garden center, no temporary use permitted is required.
(2) All sales must be conducted at least 30 feet from the right-of-way of any street.
(3) A minimum of 30 foot setback must be maintained from property use or zoned for residential purposes.
(4) The property must be of sufficient size to provide adequate off-street parking in addition to required parking for any existing use on the property.
(5) Sales must be conducted in such a manner so as not to interfere with traffic or cause a nuisance.
(6) The access drive to the site must be located at least 150 feet from the right-of-way of any public road intersection or other major access drive unless there is an existing access within 150 feet of the intersection and the highway authority having jurisdiction grants approval to use the existing access.
(H) Temporary emergency shelter. When fire or natural disaster has rendered a residence unfit for human habitation, the temporary use of a single mobile home located on the parcel during rehabilitation of the original residence or construction of a new residence is permitted subject to the following additional regulations:
(1) Required water and sanitary facilities must be provided.
(2) The maximum length of a permit is 179 days, but the Zoning Administrator may grant extensions of the permit for up to 60 days in length for each extension, provided reasonable construction progress has been made and such construction progress is diligently pursued. Application for the extension must be made prior to expiration of the original permit.
(3) The mobile home must be removed from the property upon issuance of any occupancy permit for the new or rehabilitation residence. The applicant is required to provide express consent and authorization to Will County to remove the shelter at the owner's expense upon termination of the permit, if the applicant has not done so voluntarily.
(I) Temporary residences (during house construction). Any legally existing residential structure or mobile home may be used for residential purposes only during the construction of a residence and must be removed within 30 days of obtaining a certificate of occupancy or completion of construction, whichever occurs first. In no case may the temporary residential structure, or mobile home be permitted to remain on the premises for more than two years.
(J) Temporary classroom structures. The Zoning Administrator is authorized to approve the use of temporary structures for portable classrooms, when Zoning Administrator determines that such structures are necessary to accommodate uses and activities of immediate necessity within the county. The maximum length of the permit is 179 days.
(K) Temporary mobile signs. See § 155-13.100.
(L) Temporary liquor sales. An application for temporary liquor sales may only be applied for in conjunction with temporary use permit for an event of public interest. Applicants are also required to obtain a temporary permit from the Will County Liquor Commission.
(M) Mobile storage units.
(1) Storage allowed. The Zoning Administrator is authorized to approve a temporary use permit for short-term use of mobile storage units, as follows.
(a) Temporary household storage. One mobile storage unit may be used for temporary storage of household goods, wares or materials in any agricultural or residential zoning district when used in connection with moving or relocation, or interior improvements that do not require a building permit. The time period for which a mobile storage unit may be used for this purpose is limited to a maximum of 30 consecutive days per calendar year. One additional 30-day extension may be granted by the Zoning Administrator.
(b) Temporary construction storage. One mobile storage unit may be used for temporary storage of household goods, wares or materials in any agricultural or residential zoning district in conjunction with construction allowed through an active building permit. The time period for which a mobile storage unit may be used for this purpose is limited to a maximum of 179 consecutive days per two consecutive calendar years, beginning in the calendar year in which the temporary permit is issued. Extensions of this time period may not be granted.
(c) Temporary emergency storage. One mobile storage unit may be used for temporary storage of household goods, wares or materials in cases where a residential building in any agricultural or residential zoning district becomes uninhabitable due to acts that are not within the control of the property owner. The time period for which a mobile storage unit may be used for this purpose is limited to a maximum of 179 consecutive days per two consecutive calendar years, beginning in the calendar year in which the temporary permit is issued. Extensions of this time period may not be granted.
(2) Regulations. Mobile storage units must comply with the following requirements:
(a) Stacking of mobile storage units is prohibited.
(b) Mobile storage units must be accessory to a principal residential building.
(c) Mobile storage units may not exceed eight feet in height, eight feet in width or 16 feet in length.
(d) Mobile storage units must be placed on a driveway or other hard surface.
(e) Mobile storage units may not be placed in a location that obstructs pedestrian or vehicular movement or intersection visibility.
(f) Mobile storage units may not include any signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the mobile storage container on the subject property.
(g) Mobile storage units must be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.
(h) Mobile storage units may not be used for the purpose of conducting business or selling merchandise.
(i) Mobile storage units may not be used for the storage of toxic or hazardous materials or flammable liquids.
(j) Mobile storage units may not be used for habitation.
(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)