(a) Purpose. This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses or structures do not negatively affect adjacent properties, and provided that such uses or events are discontinued upon the expiration of a set time period. Temporary uses and structures shall not involve the construction or alteration of any permanent building or structure.
(b) General Standards for Temporary Uses and Structures. Temporary uses or structures shall:
(1) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
(2) Be compatible with the principal uses taking place on the site;
(3) Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
(4) Not include permanent alterations to the site;
(5) Not maintain temporary signs associated with the use or structure after the activity ends;
(6) Not violate the applicable conditions of approval that apply to a site or use on the site;
(7) Not interfere with the normal operations of any permanent use located on the property; and
(8) Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement.
(c) Table of Allowed Temporary Uses and Structures. Table 1113-2 summarizes allowed temporary uses and structures and any general or specific standards that apply. Temporary uses or structures not listed in the table are prohibited.
Temporary Use or Structure | Districts | Allowable Duration (per site) | Zoning Certificate Required | Additional Requirements |
Construction Structures | All Districts | 18 months | Yes | 1113.02(d)(1) |
Garage/Yard Sales | All Residential Zoning Districts | Maximum of 3 consecutive days, 4 times per calendar year | No | 1113.02(d)(2) |
Gravel Surface Parking Lots | All Districts | Until issuance of a certificate of zoning compliance | Yes | 1113.02(d)(3) |
Real Estate Sales/Model Homes | All Districts | Yes | 1113.02(d)(4) | |
Temporary Outdoor Sales | All Nonresidential Zoning Districts | Yes | 1113.02(d)(5) | |
Temporary Dwelling | All Residential Zoning Districts | 9 Months | Yes | 1113.02(d)(6) |
Temporary Storage in a Portable Container | All Districts | Maximum of 14 consecutive days, 2 times per calendar year | Yes | 1113.02(d)(7) |
(d) Specific Regulations for Certain Temporary Uses and Structures. The following are regulations that apply to the specific temporary uses established within this section of the code.
(1) Construction Structures. Temporary structures for construction operations may be permitted in any district if such structures are deemed necessary, provided:
A. The use of such structures shall be limited to offices; buildings for the storage of lumber, equipment, and other building material, and construction dumpsters.
B. All temporary structures shall be set back a minimum of 25 feet from the nearest occupied residential dwelling.
C. A temporary structure for the construction office may be placed on the site no sooner than two weeks before the start of grading or construction.
D. The structure shall not be located within a floodplain or in a location that will obstruct drainage flow.
E. The structure shall not block or prevent access to any fire hydrant.
F. All temporary structures for construction operations shall be removed within thirty days after the completion of work on the premises for which a certificate has been issued or if construction is not pursued diligently. In no instance, shall the zoning certificate for the construction structure allow for its placement for longer than 18 months.
(2) Garage/Yard Sales.
A. Garage or yards sales on any single property are permitted only once within any three-month period.
C. Balloons, streamers, special lighting, noise making devices or other similar advertising displays or notices are prohibited.
(3) Gravel Surface Parking Lot.
A. A gravel surface parking lot may be permitted while a site is under construction but shall only be permitted in areas for parking as established in the approved plans associated with the zoning certificate.
B. The gravel parking area must be paved in accordance with Section 1125.03(h) or the approved plans prior to the issuance of the certificate of zoning compliance. The applicant may also remove the temporary gravel surface parking lot as an alternative to paving but in such case, the area that was used as a gravel lot shall be returned to its previous state or as a landscaped area.
C. A solid surface or gravel driveway shall be provided so vehicles may access the parking lot from a public street.
(4) Real Estate Sales Office/Model Home. One temporary real estate sales office or model dwelling unit per builder or developer shall be permitted in a section or phase of a new residential or nonresidential development, provided that the use:
A. Complies with all of the applicable standards of this code for the final residential use regardless of the temporary use as a sales or leasing office;
B. Is operated by a developer or builder active in the same phase or section where the use is located; and
C. Is removed or the model home is converted into a permanent residential use upon completion of construction and issuance of the last certificate of zoning compliance or within two years of the issuance of the zoning certificate for the temporary office or model home, whichever is less.
(5) Temporary Outdoor Sales.
A. Temporary outdoor merchandising activities directed at the general public may be allowed as an accessory use in nonresidential districts and on the premises of permitted and conditional uses subject to the requirements of this section. It is the intent of this section to provide for temporary outdoor sales which are distinguished from permanent outside business activities that are permitted or conditional uses in a zoning district.
B. The following shall apply to all proposed temporary outdoor sales activities allowed by this section in addition to other applicable building and safety code requirements as determined by the Building Standards Manager, Fire Department and/or City Engineer.
i. Sidewalk sales, inventory reduction sales, liquidation sales, damaged goods sales, and transient produce merchant sales shall not exceed a maximum of seven consecutive calendar days, per event. Two such outdoor sales activities per calendar year shall be permitted, per property and shall be allowed in a C-2, C-3, or C-4 District.
ii. Seasonal merchandise sales shall not exceed a total of 120 calendar days per year, per property. Only 4 seasonal sales activities per calendar year, per property, shall be permitted. Seasonal merchandise sales shall be permitted in a C-2, C-3, or C-4 District. Bagged seasonal merchandise, such as mulch, peat moss, soil, fertilizer, decorative stones, lime, sale and other similar goods as well as landscape timbers, railroad ties, bicycles, lawn mowers, tractors, wheel barrows, snow blowers, leaf blowers and other large lawn equipment items which are stored, displayed and/or sold outdoors shall be subject to Section 1113.01(e)(12).
iii. All sales activities, including any temporary structures, tents, and stands, shall not be located within a required building setback or public right-of-way, must be in an area that is paved, shall not interfere with parking, sight distance, traffic circulation or emergency vehicle access on-site or upon a public street, alley, sidewalk or other public area within the City, and shall not reduce the required number of parking spaces required to serve the principal use on the site.
iv. Temporary sales on unpaved, landscaped areas is prohibited.
v. Temporary outdoor sales activities within all temporary structures, tents, stands, under canopies or awnings and in all unroofed areas shall be limited to 10% of the enclosed gross floor area of the principal building on the lot associated with the temporary outdoor sales activity. Existing fenced-in outdoor storage areas and permanent accessory structures shall be excluded from the 10% calculation.
vi. The temporary outdoor sales activity shall be clearly accessory to the permitted or conditional use(s) approved for the site. Only merchandise which is normally sold, or stocked by the occupant(s) on the subject premises shall be sold, provided that seasonal merchandise, licensed transient produce merchant activities and itinerant vendors as defined by this Chapter or Chapter 1103 may be allowed.
vii. With the exception of itinerant vendors, tents, stands and other similar temporary structures may be utilized, provided that they will not impair the parking capacity, emergency access or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.
viii. The required number of off-street parking spaces for the principal use(s) shall be provided for the duration of the sale. Determination of compliance with this requirement shall be made by the Zoning Administrator.
ix. All temporary sales activities in the C-4 District may be permitted on sidewalks located in the public right-of-way if approved by the Mayor or the Mayor's designee.
x. Additional Standards for Itinerant Vendors. Itinerant Vendors are permitted provided these vendors comply with the regulations set forth below:
a. No itinerant vendor shall block or impede the ingress or egress of the public into any business.
b. No itinerant vendor shall unreasonably disturb the peace and quiet of the City and shall not shout, cry out, blow any horn, ring any bell, utilize any amplification system, or use any device to attract the attention of the public.
c. No itinerant vendor shall park or stand within 200 feet of a school or school playground while the school is in session.
d. No sales shall be made from 10:00 PM to 7:00 AM.
e. Itinerant vendors shall obtain all other required permits, such as permits required from the Wayne County Health Department or any other permits required by the City of Wooster.
f. All itinerant vendors shall provide at least one trash receptacle upon the site of business for customer use. The site of business shall be cleared of all debris, trash, litter, and trash containers at the conclusion of each day's business activities.
g. An itinerant vendor shall not be located on any property within the corporation limits of the City of Wooster for more than seven consecutive days or more than 30 total days in a single calendar year.
(6) Temporary Dwelling.
A. A temporary home may be any form of a temporary dwelling including a mobile home or manufactured home provided it complies with all applicable health and building codes.
B. A temporary dwelling shall be allowed only on a lot where a single-family detached dwelling is permitted by the provisions of this code.
C. A temporary dwelling shall be allowed only in a case where a single-family dwelling has been destroyed or damaged by fire or other disaster to the extent which makes such dwelling uninhabitable and only when such dwelling is to be rebuilt or replaced.
D. Occupancy of the temporary dwelling shall terminate immediately upon completion of the dwelling on the same lot; but in no event shall the time exceed the limit set forth in this section.
E. Additional conditions and requirements may be deemed necessary by the Zoning Administrator upon review of a particular application for a temporary dwelling and such temporary permit shall be subject to all such conditions and requirements.
(7) Temporary Storage in a Portable Container. Temporary storage containers may be placed on a property for the purpose of loading or unloading the container under the following conditions:
A. Temporary storage in a portable container is permitted only once within any six-month period.
B. The container shall be placed on a paved area, existing driveway, or existing parking area and shall not block a public street or sidewalk.
C. The portable containers shall not be placed in any right-of-way.
D. Only one container shall be placed at any property at one time.
(Ord. 2018-009. Passed 5-7-18; Ord. 2019-17. Passed 10-7-19.)