§ 194.096  URBAN TEMPORARY USES, STRUCTURES AND BUILDINGS.
   (A)   Permits required. A temporary use, structure or building which is in compliance with the provisions of this section, shall be allowed in any district. A temporary use, structure or building which will be converted into a permanent primary or accessory use after the cessation of the temporary use shall be required to obtain an improvement location permit prior the establishment of the use or the construction of any structure or building. A temporary use, structure or building which will be removed from the site upon cessation of the temporary use shall be exempt from the requirements of this chapter to obtain an improvement location permit.
   (B)   Permitted temporary uses, structures and buildings. By way of example only, permitted temporary uses, structures and buildings include construction trailers, sales offices, model homes, garage sales and seasonal retail sales.
   (C)   Duration. Except for garage sales, seasonal retail sales, and mobile classrooms, a temporary use, structure or building shall be permitted for an initial period not to exceed one year, which may be renewed for an additional one-year period by the Building Commissioner upon showing of good cause.
   (D)   Compliance with development standards. Any temporary use, structure or building shall comply with all applicable development standards and setback requirements in the district in which the temporary use, structure or building is located.
   (E)   Cessation of use. All structures, buildings or debris associated with the temporary use shall be removed from the site immediately upon completion or cessation of the temporary use.
   (F)   Additional regulations for garage sales. Notwithstanding any regulations above to the contrary, a garage sale may be conducted only on a premises subject to the following additional regulations.
      (1)   A garage sale may be conducted two times each calendar year and shall not exceed three consecutive days in duration.
      (2)   A garage sale shall only be conducted during the hours from sunrise to sunset.
      (3)   All personal property exhibited outdoors during a garage sale shall be placed within a building or structure or otherwise removed from the premises immediately following the end of the garage sale.
      (4)   Garage sale signs shall comply with the applicable provisions of §§ 194.160 through 194.169 of this chapter.
      (5)   Nothing in this section shall be construed to prohibit one or more owners from conducting a combined garage sale on one of the premises owned by the participants; provided that, there is compliance with all other provisions of this section.
   (G)   Additional regulations for temporary seasonal retail sales uses. Any temporary seasonal retail sales use, structure or building shall also comply with the following regulations.
      (1)   The temporary seasonal retail sales use shall be located in a zoning district which would permit it as a permanent use on the real estate.
      (2)   The use or structure shall comply with all setback requirements for a primary building on the site.
      (3)   A minimum of three off-street parking spaces shall be provided on-site for the temporary seasonal retail sales use.
      (4)   The location of the temporary seasonal retail sales use and its required amount of parking spaces shall not interfere with any required parking spaces or safe and efficient flow of vehicular and pedestrian traffic around the parking area for the permanent primary use of the site.
      (5)   Signs for the temporary seasonal retail sales shall comply with the provisions of the sign regulations for freestanding identification signs for a single use site, and for building identification signs.
      (6)   Notwithstanding the provisions above to the contrary, seasonal retail sales uses shall not exceed 60 days in duration.
   (H)   Additional regulations for mobile classrooms. Mobile classrooms shall be permitted only as a temporary use in compliance with the following requirements.
      (1)   Mobile classrooms shall be for use by a religious use or school only.
      (2)   Mobile classrooms shall be permitted by the grant of a special exception by the Board of Zoning Appeals.
      (3)   Applicants for a special exception shall submit a site plan in compliance with the provisions of § 194.126 of this chapter at the time of filing a petition for special exception.
      (4)   Special exceptions for mobile classrooms shall be conditioned upon the applicant making progress towards accomplishing the goals of development indicated the site plan within a reasonable period of time as established by the Board of Zoning Appeals.
      (5)   Special exceptions for mobile classrooms shall be reviewed annually by the Board of Zoning Appeals to determine if the applicant is making progress towards accomplishing the goals of development indicated on the site plan.
   (I)   Additional regulations for temporary construction offices or real estate sales trailer. A temporary ILP for a temporary construction office, real estate sales trailer shall be valid for a maximum of one year from its issuance. An extension of time, not to exceed six months, may be granted by the Building Commissioner for good cause shown. Said request for extension shall be filed with the Building Commissioner prior to the termination date of the temporary ILP.
      (1)   Adequate access and parking areas shall be provided. Such access and parking areas shall not interfere with traffic movement on abutting or adjacent streets.
      (2)   No public address systems or other noise producing devices shall be permitted.
      (3)   No floodlights or other exterior lighting, beyond that commonly associated with the use of the site, shall be permitted or directed upon the premises.
      (4)   No later than 30 days after the termination date of the temporary construction office, temporary real estate sales trailer the site must be returned to as nearly as reasonably possible to its original condition, or an improvement location permit obtained for either any improvements which are to remain, or for additional, permanent development of the site.
      (5)   Temporary real estate sales office trailer:
         (a)   Shall be for a temporary period of one year from the date of grant or upon completion of the model home, whichever occurs first. The temporary real estate sales office trailer shall be removed from the property not later than one year from obtaining an improvement location permit, in the event that said temporary real estate sales office trailer has not been removed within said one-year period, or upon completion of the model home, the petitioner shall be in violation of this chapter and enforcement may ensue;
         (b)   A gravel parking area for not less than three cars shall be installed on the property prior to commencement of the temporary real estate sales office trailer;
         (c)   All temporary off-street parking shall be removed upon the removal of the temporary real estate sales office trailer, and the property shall be returned to its undeveloped state in preparation for the future construction of a single-family dwelling in frail compliance with the provisions of the applicable district and plat, filed with the office of the Recorder of the county; and
         (d)   The temporary real estate sales office trailer shall be skirted and landscaped around the base to enhance the appearance. A landscape plan shall be submitted for review and approval by the Building Commissioner prior to the issuance of an improvement location permit landscaping shall be installed in compliance with the approved landscape plan.
   (J)   Model homes. A temporary improvement location permit may be issued for the use of one model home in an approved subdivision. This improvement location permit will be reviewed annually, upon request, prior to the expiration of each one year period by the Building Commissioner for a one year renewal. The Building Commissioner may administratively issue the renewal provided there have been no registered violations or infractions with the utilization of the model home. Violations and/or infractions shall be verified by the Building Commissioner upon site inspection and completion of a filed written report. If a homeowners association has been established, a letter of recommendation for approval from the homeowners association must accompany the renewal request. If the improvement location permit renewal request is denied by the Building Commissioner, the applicant may appeal this decision to the Board of Zoning Appeals.
      (1)   Adequate access and parking areas shall be provided. Such access and parking areas shall not interfere with traffic movement on abutting or adjacent streets.
      (2)   No public address systems or other noise producing devices shall be permitted.
      (3)   No floodlights or other exterior lighting, beyond that commonly associated with the use of the site, shall be permitted or directed upon the premises.
      (4)   Signage shall be pursuant to §§ 194.160 through 194.169 of this chapter.
      (5)   Temporary real estate sales office in a model home:
         (a)   The location of the temporary sales office shall be contained entirely within the model home located on the lot;
         (b)   Shall be for a period of one year from the date of approval of improvement location permit for model home and may run concurrently. Accordingly, in the event that said temporary sales office located in the model home has not been removed on or before the expiration of the model home improvement location permit, the applicant shall be in violation of this approval and enforcement may ensure. Upon expiration and removal of the temporary sales office from the model home, the model home shall revert to and be utilized specifically as a single-family residence only; and
         (c)   Any temporary off-street parking, installed specifically to serve the sales office/model home, shall be removed upon the removal of the temporary real estate sales office from the structure.
(Ord. 2000-16, passed 8-28-2000, § 3.2; Ord. 2009-02, passed 1-5-2009)