§ 405.070. Temporary Uses.  


Latest version.
  • A. 
    Permits. The Director of Community Development is authorized to issue a permit for a temporary use within any zoning district, provided it meets the requirements of this Section. The permit shall be issued for a specified period and shall contain such conditions as are necessary for protection of public health, safety and traffic and to avoid creation of a nuisance or violation of other City Codes. The Director of Community Development may require such assurances or guarantees of compliance with conditions as are reasonable and appropriate under the circumstances.
    B. 
    Temporary Uses Permitted. Temporary uses include but are not limited to the following:
    1. 
    Seasonal And Holiday Sales.
    a. 
    NB And More Intensive Districts. The Director of Community Development may approve seasonal and holiday sales activities, such as fireworks and Christmas tree sales areas and farm produce sales stands as temporary uses in NB and higher intensity zoning districts for no more than sixty (60) days within a calendar year. Such activities may occur within required exterior setbacks, provided that no display will encroach into a required exterior setback by more than fifty percent (50%) of the required setback depth and no display or equipment shall be located within a required sight triangle [See Section 407.020(D)(3)].
    b. 
    Farm Produce. Stands for the sale of farm produce grown on the premises shall be an allowed temporary use in any zoning district. Structures incidental to such sale need not comply with the applicable exterior setback requirements, provided that no such structure shall be located within a required sight triangle [See Section 407.020(D)(3)]. All such structures shall be removed or moved out of the exterior setback at the end of the season during which they are used.
    2. 
    Contractor's Office. A contractor's office and equipment shed (containing no sleeping or cooking accommodations) accessory to a construction project shall be permitted temporary uses for the duration of construction. Such use shall be exempt from setback standards of the underlying zoning district.
    3. 
    Real Estate Sales Office. Real estate offices (containing no sleeping or cooking accommodations unless in a model dwelling unit) shall be permitted temporary uses when incidental to a new housing development. Such offices may continue only until the sale or lease of all dwelling units in the development. Such offices need not comply with the setback requirements of the underlying zoning district, provided that a site plan showing the proposed sales office location and parking layout is approved by the Director of Community Development.
    4. 
    Special Events, Carnivals And Circuses. A carnival or circus shall be a permitted temporary use in an RE, NB, GB, RC, LI or HI District for a period that does not exceed three (3) weeks. Such use need not comply with the setback requirements of the underlying zoning districts, provided that no structures or equipment shall encroach into a required setback by more than fifty percent (50%) of the required setback depth. In no event shall any structure or equipment be located within a required sight triangle.
    5. 
    Housing. During construction of the principal residential structure, a camper or mobile home may be used for temporary housing for a period not to exceed six (6) months, provided that the lot on which the camper or mobile home is located is not less than three (3) acres in size and the sanitary provisions are approved by the Director of Public Works. The Director of Community Development may extend the period six (6) additional months upon showing of good cause by the owner. Upon conclusion of the permitted time period or completion of the principal structure, whichever occurs first, the owner shall remove the temporary housing or make the necessary changes for the property to be in conformance with the regulations of the district in which the property is located. A mobile home may be permitted as a temporary use for the purpose of providing a residential or non-residential structure following a disaster, such as a fire, windstorm or flood, provided that the mobile home is located to minimize its impact on adjacent residential areas. Such mobile home shall be removed from its location within six (6) months after its original placement. However, the Director of Community Development may extend the period six (6) additional months upon showing of good cause by the owner.
R.O. 1996 § 405.070; Ord. No. 4558 § 1, 8-3-2015