1. Construction Related.
A. Construction Offices and Related Structures.
(1) Permitted Zone: Any.
(2) Maximum Duration: 24 months.
(3) Normal setbacks for the land use classification district shall apply.
(4) Limited to one per property and located entirely within the property boundaries.
(5) Located so not to obstruct vehicle sight lines.
(6) Effectively screened from view of the street or any adjacent public space.
(7) Will not obstruct any on-site care parking bays or vehicular maneuvering area which is required to be provided for the approved use(s) of the property.
B. Real Estate Sales Offices and Model Homes.
(1) Permitted Zone Locations: all residential zones.
(2) Maximum Duration: 24 months.
(3) On-Site Sales Office: On-site temporary real estate sales office or temporary model home complex may be established only within the boundaries of a residential subdivision, as an accessory facility, for the limited purpose of conducting sales of lots within the same division.
(4) Off-Site Sales Office: Off-site sales or offers to sell off-site lots or dwelling units, from any temporary office or trailer complex established pursuant to this section shall not be permitted unless a special use permit is approved by the City.
(5) Definition of Off-Site Sales Office: “Off-site lots” means those lots outside the boundaries of a residential subdivision which subdivision contains an approved real estate sales office or model home complex, and which lots are not adjacent to or contiguous with that subdivision.
(6) Requirements: Any temporary real estate sales office or model home established or maintained pursuant to this section shall meet the following requirements:
a. Receipt by the City of an agreement and a cash deposit or surety bond in a form approved by the Zoning Administrator in an amount sufficient to guarantee to the City the removal of the sales office or model home complex, or the restoration of the premises in conformity with the approved development plan and with the applicable provisions of this Code of Ordinances within 60 days after the last residence or lot within the subdivision has been sold and escrow closed. If after 60 days, no action has been taken to restore the site or premises, the City may take action to restore the site by utilizing the bond or monies deposited or other methods at its disposal.
b. Screening of parking areas by walls, fencing, landscaping, or other methods shall be provided as approved by the Zoning Administrator.
(7) Conditions: A temporary real estate office or temporary model home complex may be constructed in advance of the filing of a final plat map, subject to the following requirements:
a. The street plans for the entire plat shall be filed with the Public Works Department.
b. The Public Works Director shall have approved the engineering plans.
c. Prior to the operation of such office or complex, all applicable requirements of the Iowa and City subdivision laws and real estate sales laws shall be fulfilled.
(8) Maximum Duration: The temporary real estate sales office and temporary model home complex may be maintained until all of the on-site lots in the subdivision have been sold and escrow closed.
2. Event Related.
A. Lot and Sidewalk Commercial Activities.
Permitted Zone Locations: all commercial districts.
Maximum Duration: four consecutive days, not to exceed four events in a 12-month period.
Setbacks: All merchandise, trucks, trailers, etc., shall be set back a minimum of 35 feet from all property lines.
Area of Operation: The area of the operation shall not exceed 800 square feet and no dimension shall exceed 40 linear feet.
Transient Merchants: Transient merchants shall be subject to the licensing requirements of Chapter 122 of this Code of Ordinances. Said license shall be secured prior to issuance of a temporary use permit.
B. Grand Opening Sales and Special Events.
Permitted Zone Locations: all zoning districts.
Maximum Duration: four consecutive days, not to exceed four events in a 12-month period.
Other: All such events shall be conducted by a business located on the property.
C. Group Assembly Activities.
Permitted Zone Locations: any zoning district.
Maximum Duration: 14 consecutive days, not to exceed four events in a 12-month period.
Exception: Upon approval of the Zoning Administrator, the number of events in the Town Center district may exceed four in a 12-month period.
Hours of Operation: Residential zones, 7:00 a.m. to 10:00 p.m. except on Fridays and Saturdays to 12:00 midnight with approval of the Chief of Police; all other zones as determined by the Zoning Administrator.
D. Temporary Food and Beverage Facilities.
(Repealed by Ordinance 18-03 – Apr. 18 Supp.)
3. Seasonal Related.
A. Retail Sales of Christmas Trees and Pumpkins.
Permitted Zone Locations: all commercial and mixed use districts.
Maximum Duration: forty (40) calendar days prior to December 25 for Christmas tree sales; October 1 through November 1 for pumpkin sales.
B. Agricultural Produce Stands.
Permitted Zone Locations: any zoning district.
Termination: Stands and displays shall be removed when not used for a period of 30 consecutive days.
C. Retail Sales of Landscape Nursery Materials.
Permitted Zone Locations: all commercial districts.
Maximum Duration: April 1 through October 31.
Restrictions of Merchandise and Products: This use is limited to the display of green goods, i.e., living plants, and associated garden products. Associated garden products may include:
a. Bagged bulk materials such as topsoil, mulch, compost, peat, fertilizer, etc.
b. Garden pavers, stone and prefabricated stepping stones.
c. Bird baths or similar lawn ornaments as a minor portion of the products displayed.
d. Other products determined to be consistent with the intent of this subsection, with the approval of the Zoning Administrator.
(4) Safety Standards: In order to promote the safety of the patrons of these facilities, the following shall be required:
a. Bulk material shall be neatly and safely stacked.
b. All sales areas shall be separated from vehicular uses by the placement of a fence or barrier acceptable to the Zoning Administrator to prevent pedestrian and vehicular conflicts. If a barrier is of an open nature where patrons can reach through and obtain access to the merchandise, a four foot walkway shall be located adjacent to the barrier to prevent patrons from standing outside the barrier in traffic ways to shop.
c. The door openings for any greenhouses, shade structures or similar enclosure shall have a minimum ten-foot setback from drive aisles where an opening in the barrier is provided aligned with the door of the structure.
d. Where openings in the barriers occur for pedestrian access, sight visibility shall be maintained so that vehicles can clearly see pedestrians approaching the opening from a distance of no less than 50 feet.
e. Temporary drive aisles shall be maintained at a minimum 24-foot width for two-way traffic and shall be delineated by the placement of traffic barriers, fencing, or some other physical marker that clearly informs drivers of the end of the parking area and the start of the drive aisle. A clear line of sight shall be maintained at the entrance and exit of the temporary drive aisles.
f. Vehicle loading areas shall be located in an area that minimizes pedestrian and vehicle conflict and provides for the safe loading of merchandise and vehicle access to and from the traffic lanes to the loading area, preferably without backing movements.
(5) Applications for the temporary use of a garden center shall be accompanied by the prescribed number of copies of a project plan and such other detailed elevations, plans and other information as may be required to adequately evaluate the proposed use. A plan of the layout of the proposed use shall be submitted to the City with the application on a base plan prepared in accordance with the site plan requirements of the City. The proposed layout of the garden center area may be drawn onto a copy of a previously approved site plan for the temporary use permit submittal. The layout plan shall identify the following:
a. The area on the site proposed to be utilized as part of the temporary garden center and associated sales areas.
b. The areas dedicated to the display of green goods, i.e., flowers, trees, shrubs, etc., and the area of the site dedicated to bulk material storage.
c. Proposed modifications to the traffic patterns and methods proposed to notify patrons and identify the temporary traffic pattern changes, i.e., signage, traffic cones, fencing and barriers, etc.
d. Proposed vehicle loading zone.
e. Proposed temporary barriers or corral with an architectural elevation, photo or sketch of the barriers’ proposed construction.
f. Location of electrical connection and water connection, if applicable.
g. Waste Disposal: The applicant shall provide, as determined by the Zoning Administrator, adequate facilities for disposal of trash, waste, pallets, dead plants, broken bags and empty plant transport and display racks.
h. Restroom Facilities: restroom facilities shall be provided at all times during the temporary use activity.
i. Indemnification and Proof of Insurance: The owner or operator of any long term temporary use shall provide evidence of comprehensive general liability coverage and contractual liability insurance by an insurance company licensed to do business in the State of Iowa in the limits of at least $1,000,000.00 for each personal injury accident and/or death; $1,000,000.00 for each aggregate personal injury and/or death; and $1,000,000.00 for each property damage accident. The evidence shall name the City as a coinsured and shall state that it cannot be canceled or materially altered without giving the City at least 30 days’ written notice by registered mail, return receipt requested. The owner or operator of a temporary garden center or the property owner shall execute an agreement, acceptable to the City, which indemnifies and holds harmless the City from any and all liability, damages, claims, costs, expenses, interest, and reasonable attorney fees relating to the garden center and associated facilities on the property.
j. Electrical Service: Any electrical service shall be provided as follows:
I. Overhead power connection with a minimum clearance above grade of 14 feet;
II. Installation of an underground conduit; or
III. Other method acceptable to the City. The use of an overhead connection shall only be allowed in those areas where overhead electrical service currently exists in the area. Use of extension cords, cables, or wires, whether lying on the ground or otherwise connected to a power source, is expressly prohibited for long-term garden center uses. An electrical permit shall be obtained prior to any electrical installation or connection.
Removal: At the expiration of the temporary use permit, any structures, barricades, shelving, pallets, leftover merchandise, or other facilities associated with the temporary use shall be removed from the site in accordance with provisions stated in subsection 3 (“General Regulations”) of this section.