§ 31-717. TEMPORARY USES.

(a)

PURPOSE. The Temporary Use Permit is a mechanism to allow a use to locate within the City on a short-term basis and by which it may allow seasonal or transient uses not otherwise allowed. Prior to conducting or establishing a temporary use or structure, approval of a Temporary Use Permit by the Zoning Administrator is required pursuant to Section 31-302 of this Ordinance.

(b)

APPROVAL CRITERIA. All temporary uses listed in this Section require a Temporary Use Permit. The Administrator shall not approve or modify and approve an application for a Temporary Use Permit unless the following criteria, specific regulations and time limitations are met in addition to criteria for any particular temporary use as specified in Subsections (c) through (h) of this Section.

(1)

COMPATIBILITY WITH/EFFECT ON SURROUNDING AREA. The allowance of such use shall not be detrimental to the public health, safety and general welfare, and the use shall be consistent with the purpose and intent of this Ordinance and the specific zoning district in which it will be located; and the use is compatible in intensity, characteristics and appearance with existing land uses in the immediate vicinity of the temporary use, and the use, value and qualities of the neighborhood surrounding the temporary use will not be adversely affected by the use or activities associated with it. In addition to those listed herein, factors such as location, noise, odor, light, dust control and hours of operation shall be considered.

(2)

LOCATION ON PUBLIC PROPERTY. The use shall not be on publicly owned property unless the applicant first obtains approval of a revocable or other applicable permit through the City or the owner, if not the City Council.

(3)

TRAFFIC. The location of the temporary use or structure shall be such that adverse effects on surrounding properties will be minimal, particularly regarding any type of traffic generated or impacted by the temporary use or structure and impact upon traffic circulation in the area.

(4)

PARKING AND ACCESS. Adequate off-street parking, in accordance with the parking standards of this Ordinance, shall be provided to serve the use. The use does not displace the required off-street parking spaces or loading areas of the principal permitted uses on the site. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances.

(5)

PROPERTY LINE SETBACKS. Structures and/or display of merchandise shall comply with all yard and property line setback requirements of the zoning district and shall not be located in any fire lane or pedestrian walkway within which it is located. The items shall be displayed so as not to interfere with the sight visibility triangle of the intersection of the curb line of any two (2) streets or a driveway and a street. In no case shall items be displayed within the public right-of-way.

(6)

SIGNS. Signage for temporary uses shall be permitted only within the time frame for which the temporary use is permitted. No sign for a temporary use shall exceed thirty-two (32) square feet, not including permanent signage that may be on a vehicle. All signs for temporary uses shall be attached to a structure, vehicle or existing sign post. Portable signs shall not be allowed. Off premise signage for a temporary use shall not be allowed.

(7)

NUMBER PER PARCEL. Only one (1) temporary use permit shall be permitted for a single parcel of land at any given time.

(8)

PERIOD OF TIME BETWEEN PERMITS. The period of time between any temporary use permit on a parcel and application for another temporary use permit on that parcel shall be at least 60 days.

(c)

TEMPORARY RETAIL SALES USES.

(1)

SEASONAL SALES OF CHRISTMAS TREES. Temporary use permits are required for the seasonal sale of Christmas Trees and such sales shall be limited to non-residential zoned districts. Such sales are limited to a period of time not to exceed ninety (90) days per calendar year.

(2)

SEASONAL SALE OF AGRICULTURAL PRODUCTS. Temporary use permits are required for all seasonal sales of agricultural products in non-residential zoning districts. Such sales are limited to a period of time not to exceed one hundred eighty (180) days per calendar year. A maximum of one building/display booth shall be allowed and may cover a maximum of four hundred(400) square feet. The structure must be portable and completely removed at the end of the period.

(3)

SEASONAL GREENHOUSES (ACCESSORY TO ESTABLISHED BUSINESS). Limited to only non-residential zoning districts for a period of time not to exceed six (6) months per calendar year. A maximum of one (1) building shall be allowed and may cover a maximum of two thousand (2,000) square feet. The structure must be portable and completely removed at the end of the permit period.

(4)

SIDEWALK VENDORS. The sale of food, beverages, or merchandise from a stand or motor vehicle, or from a person may be allowed in non-residential zoning districts and shall be limited to a period not to exceed ninety (90) continuous days per calendar year in a given location. Even if at any time the vendor does not occupy the permitted site, the ninety-day limit shall not be extended.

(5)

CRAFT SALES. Craft sales or shows may be permitted in any residential zoning district subject to the following provisions:

A.

Items offered for sale shall be limited to those which have been made or crafted by the participants as a hobby or avocation as distinguished from items which are made in the conduct of a home occupation;

B.

Participation in such sales or shows shall be limited to an occupant of the premises and not more than four (4) non-occupants. For the purposes of this Section, participation shall be construed to mean the offering for sale of items made or crafted by an occupant or participating non-occupant, whether or not that individual is physically present on the premises during the conduct of such sale or show;

C.

Not more than one (1) such sale or show event shall be conducted on a premises in any given calendar year. For the purposes of this Section, the duration of any sale or show event shall be limited to six (6) days within a period of ten (10) consecutive days;

D.

Such sales and shows may be conducted only upon authorization by the Administrator of a Temporary Use Permit (section 31-302) subsequent to application and payment of a five-dollar ($5.00) nonrefundable processing fee by an occupant of the premises upon which such sale or show is proposed to be conducted. The Administrator shall make a determination with respect to approval or denial of applications within ten (10) working days of submission and shall consider the following:

(i)

The proposed location of the sale or show and the probable impact on adjacent land uses;

(ii)

The ability of the structure in which such sale will be conducted to accommodate safely the number of persons likely to patronize such event;

(iii)

The ability of the streets in the immediate vicinity of such residential property to accommodate adequately and safely the traffic and parking demand anticipated to be associated with such event without disruption of normal traffic circulation and emergency access needs.

E.

In the event the Administrator determines that the conduct of such craft sale or show at the proposed location would adversely affect the surrounding land uses because of the disruption to the normal and essential traffic circulation needs of the immediate vicinity, or the safety and welfare of participants, patrons, neighbors, or the general public, the application for temporary permit shall be denied. No application for a temporary permit shall be deemed to have been received for processing unless accompanied by a nonrefundable processing fee in the amount of five dollars ($5.00).

(6)

YARD OR GARAGE SALES. Yard and garage sales may be permitted in agricultural and residential zoning districts subject to the following provisions:

A.

Items offered for sale shall be limited to those which are owned by an occupant of the premises or other participants authorized by this Section and which are normally and customarily used or kept on a residential premises. Such items shall not have been specifically purchased or crafted for resale;

B.

Participation in such sale shall be limited to the occupant of the premises and not more than four non-occupants. For the purpose of this Section, participation shall be construed to mean the offering for sale of items owned by an occupant or participating non-occupant, whether or not that individual is physically present on the premises during the conduct of such sale;

C.

Such sales shall be limited to three in any given calendar year per lot. The duration of any single sale shall not exceed three (3) consecutive days.

D.

A Temporary Use Permit is not required for any yard or garage sale.

(7)

FOOD TRUCKS. A food truck may be permitted with a temporary use permit subject to the following:

A.

A food truck shall only be permitted in the MUC-40, B-2, VC, CBD, MUD, O-I, M-1, M-2, and FRRD zoning districts;

B.

Food trucks shall not be on publicly owned property unless the applicant first obtains approval of a revocable or other applicable permit through the City or the owner, if not the City Council;

C.

Each parcel shall be limited to two (2) food trucks at any one time, unless a special event permit is obtained;

D.

The applicant must provide evidence of the owner's consent;

E.

The temporary use permit shall designate the specific location on a given site where a food truck may operate. A site layout (to scale) is required depicting the proposed location of the food truck, property boundaries, building, walkways, drive aisle and parking spaces;

F.

Location Standards. Food trucks shall be located on a developed lot in accordance with the following standards:

(i)

No portion of the food truck shall be less than ten (10) feet from driveways, utility boxes, handicap ramps, building entrances or exits, or emergency call boxes.

(ii)

No portion of the food truck shall be less than ten (10) feet of any fire hydrant or fire escape.

(iii)

No portion of the food truck shall be located within any pedestrian walkways, drive aisle, fire lane, or required parking spaces.

(iv)

Food trucks may not be located within 150 feet of a residential zoning district.

G.

Limitation of hours of operation shall be limited to the hours between 6:00 a.m. and 12:00 a.m.;

H.

Food trucks shall be removed from the permitted location during the hours when they are not permitted to be in operation, and may not be stored, parked, or left overnight on any public street or sidewalk;

I.

Food trucks shall be parked only on improved surfaces;

J.

Food trucks shall not impede pedestrian or vehicular circulation;

K.

Trash receptacles shall be provided and removed at end of business hours;

L.

Amplified music is not permitted;

M.

The temporary use permit shall be valid for up to one (1) calendar year and shall not require a period of time between temporary use permits;

N.

The applicant shall provide evidence that all required Local, State, and Federal permits and approvals. Such permits shall be maintained in good standings;

O.

The Zoning Administrator may revoke the permit if the permit holder violates any provision of this section. Issuance of a permit does not guarantee food truck occupancy of location.

(d)

REAL ESTATE DEVELOPMENT AND CONSTRUCTION-RELATED TEMPORARY USES.

(1)

CONTRACTORS OFFICE AND EQUIPMENT/STORAGE SHEDS. Accessory to a construction project (residential or non-residential). Multiple temporary structures may be allowed under one Temporary Use Permit. Placement of such a temporary use is limited to a period of time determined by an estimated project completion date with the option of an extension of up to one (1) year as and if approved by the Administrator. A trailer may be used for a contractor's office or for the contractor's storage of equipment or materials. All temporary buildings and trailers shall be completely removed from the site within thirty (30) days of issuance of a certificate of occupancy or completion of the construction project, whichever occurs first.

(2)

REAL ESTATE OFFICE IN A TRAILER/MOBILE HOME. One (1) temporary structure such as trailer or mobile home may be used as a real estate sales office in any new construction project for the sale of units within that project only. Such a temporary use may be allowed in all zoning districts. The permit shall be valid for a period of six (6) months or until the first unit for the project is completed, whichever occurs first.

(3)

REAL ESTATE OFFICE IN A MODEL HOME. The Zoning Administrator may issue a Temporary Use Permit for a dwelling unit which is accessory to the construction of a new residential development. Said Temporary Use Permit shall be limited to a period of time not to exceed two (2) years; provided, however, that the Zoning Administrator shall grant extensions for one year increments where the Applicant demonstrates that the building is continuing to be used as a real estate office for the development. The number of employees utilizing the office at any one time may not exceed five (5). A real estate office may not contain sleeping or cooking accommodations unless located in a model dwelling.

(4)

SINGLE-FAMILY DWELLING IN TEMPORARY STRUCTURE. During the active construction period (after a building or grading permit has been issued) of a construction project involving a non-residential use or a residential development with building permit(s) for more than fifty (50) units at any one time, one (1) mobile home or trailer may be allowed on the same property to be used as a temporary residence by a night watchman for a period not to exceed twelve (12) months or the active construction period, whichever is less. The temporary home shall be removed from the site within fourteen (14) days of issuance of the final Certificate of Occupancy for a non-residential structure or the first residential unit if within a residential development.

(5)

For the purpose of allowing the early construction of model homes in a subdivision, the Director may permit a portion of a major subdivision involving no more than four (4) lots to be created in accordance with the following criteria:

A.

A preliminary plat has been approved for the lots where the model homes are to be established;

B.

The lots have direct access to roads for which engineering plans have been approved and the base course installed. Model homes shall be connected to water and sewer facilities where required by this Ordinance. The Administrator may issue a zoning clearance prior to connection to water and sewer facilities where all necessary fees have been paid; provided, however, that no certificate of occupancy shall be issued until the units are connected to the facilities;

C.

Model homes must meet all setback requirements of the underlying zoning district;

D.

Prior to construction of the model homes, the applicant must first receive a zoning clearance and Temporary Use Permit;

E.

A model home shall not be used as a residence, except as may be provided in Subsection (4) above.

(6)

TEMPORARY SIGNS AND BANNERS ASSOCIATED WITH AN ACTIVE RESIDENTIAL SUBDIVISION SHALL BE PERMITTED WITH A TEMPORARY USE PERMIT SUBJECT TO THE FOLLOWING:

A.

One (1) sign may be permitted per subdivision entrance up to a maximum of two (2) signs per subdivision street frontage to advertise the sale of lots or homes during the active construction and buildout of a residential subdivision. The total allowable sign area per street frontage shall not exceed sixty-four (64) square feet in area and no one sign may exceed 48 square feet. The maximum sign height shall not exceed ten (10) feet. Any such sign shall not encroach on a public right-of-way and shall meet all visibility triangle requirements from the nearest intersection.

B.

In addition to the signs enumerated in subsection (A) above, a maximum of two (2) wind driven flags with no advertising copy may be displayed at the subdivisions main entrance. Subdivisions with entrances on two separate streets may have such display at both street entrances. No individual wind driven flags may exceed thirty (30) square feet in area and shall not exceed a maximum height of 12 feet.

C.

Each model home used as a sales office in an active subdivision under development may have one (1) 24 square foot sign for advertising the sales office. All other model homes may have one (1) 4 square foot sign either freestanding or wall mounted identifying the model home. Alternatively, one (1) a-framed sign not exceeding 16 square feet may be placed on the lot(s) with the model home. Any a-frame sign shall not be placed on a public right-of-way and shall be removed daily.

D.

One (1) directional sign per street giving directions to model homes. Such signs shall not exceed nine (9) square feet each and shall not exceed a maximum height of five (5) feet.

E.

One (1) a-framed sign may be located at the main subdivision entrance. Such signs shall not exceed a maximum of nine (9) square feet and shall not be located within the public right-of-way or visibility triangle and shall be removed daily.

(e)

AMUSEMENT ENTERPRISES. Carnival, circus, or menagerie and amusement rides may be allowed in any non-residential zoning district for a period not to exceed fifteen (15) days within any calendar quarter. This classification excludes events conducted in a permanent entertainment facility.

(f)

PROMOTIONAL ACTIVITIES IN BUSINESS AND COMMERCIAL ZONES INVOLVING THE DISPLAY OF GOODS AND MERCHANDISE. Such activities may be conducted outside of, if associated with the businesses within, enclosed buildings for a period of not more than seven (7) consecutive days. No food or drink may be displayed or sold outside the building. If the private sidewalk or pedestrian way in front of the building is used for display of merchandise, a minimum width of four feet must remain unobstructed for pedestrian use. A Temporary Use Permit for promotional activities may be renewed twice during any calendar year, for a maximum of twenty-one (21) days per calendar year.

(g)

SPECIAL EVENTS AND ACTIVITIES. Special events and activities conducted on public property such as school sites and public parks shall be exempt from the provisions of this Section of the Ordinance but must comply with any guidelines, regulations and permitting process required by the authorizing agency (e.g. school district or a parks and recreation department).

(h)

TEMPORARY PARKING LOTS. A temporary parking lot shall be used only with an approved site plan. Temporary surface parking lots are parking areas which serve as a transitional use of a property during development and shall not be used for more than twenty-four (24) months from issuance of a Temporary Use Permit. Temporary parking lots shall be subject to site plan review as required in Section 31-307 of this Ordinance. Approval of a Temporary Use Permit by the Administrator is required pursuant to Section 31-302 of this Ordinance. Temporary parking lots shall be hard surfaced or gravel and shall be graded for drainage and maintained in sound condition and free of weeds, dust, trash and debris. Temporary parking lots shall be subject to all landscaping and screening requirements.

(i)

SIMILAR AND COMPATIBLE USES NOT SPECIFIED. Those uses which are similar and compatible to those allowed as temporary uses in this Section. Determination of what constitutes similar and compatible shall be made by the Administrator. In such instances, the applicant shall provide the following information by which the proposal can be reviewed:

(1)

Type of use;

(2)

Number of employees;

(3)

Parking/circulation needs;

(4)

Hours of operation; and

(5)

Duration of operation.

(Ord. No. 12-O-081, 9-19-2012; Ord. No. 13-O-021, 2-20-2013; Ord. No. 18-O-076, § 2(Exh. B, 7-18-2018)

(Ord. No. 12-O-081, 9-19-2012; Ord. No. 13-O-021, 2-20-2013; Ord. No. 18-O-076, § 2(Exh. B, 7-18-2018)