TEMPORARY USES
Upon issuance of a zoning certificate by the village, the following uses of land shall be permitted in each zoning district (unless specifically restricted to a particular zoning district) subject to the specific regulations and time limits which follow, and to the other applicable regulations of the district or districts in which it is located:
(1)
Christmas tree sales, when located on a lot less than five acres located in the B-2 or B-3 commercial district for a period not to exceed 30 days. Such use need not comply with the yard requirements of this chapter, provided that no trees shall be displayed within ten feet of any driveway or street right-of-way or within 30 feet of the intersection of the right-of-way of any two streets.
(2)
Contractors' offices and equipment sheds and trailers, when accessory to a construction project and only for the duration of the project while building permits are in effect, and provided that such office or equipment shed or trailer is located on the premises undergoing construction except that contractors' offices and equipment sheds may be located off-premises with the written permission of the adjacent property owner and the approval of the zoning administrator and building commissioner. No such office, shed or trailer shall contain sleeping accommodations or cooking facilities. Such use shall be screened from view and shall be removed upon the lapse of building permits or issuance of the last occupancy certificate. All such structures shall be located to comply with setbacks required in each zoning district.
(3)
Subdivision sales offices, sometimes in a model home, when incidental to a new housing development. No such use may be used for sleeping or cooking purposes and may continue only until all dwelling units in the development have been sold or leased. All such structures shall be located to comply with setbacks required in each zoning district. Fences may be located on lots used for subdivision sales offices and model homes, provided that such fences comply with the provisions of section 54-227 except that:
a.
Points of access be provided as required by the fire marshal for persons, equipment and vehicles which may be required in case of emergency.
b.
Fences need not be of open-design when located within the required front or corner side yard provided the fence does not exceed 3.5 feet in height and is constructed of natural materials and may not be located within three feet of a curb when there are existing public sidewalks.
(4)
Seasonal sales of farm produce, grown on the premises in an E-R or R-1 district, for a period not to exceed four months in any calendar year. Structures incidental to such sales shall comply with the yard requirements of the district in which it is located.
(5)
Circus or carnivals, when operated or sponsored by a religious, civic, or institutional not-for-profit group for a period not to exceed one week. No such use may occur on a lot which does not provide adequate on-site parking and does not pose a safety hazard to pedestrians and motorists or interfere with the use and privacy of adjacent property. Such use may not be located in any residential district, except on park, church, or school property, and shall comply with the yard requirements of the district in which it is located.
(6)
Sidewalk sales, when conducted on private property in a commercial district incidental to the businesses located on the lot, provided such use is conducted in conjunction with a special event or promotion which is related to or sponsored by the businesses on the lot and conducted adjacent to the entrance of the businesses, and that such use occurs for a period not to exceed four days and not to occur more than three times in a calendar year.
(7)
Garage or yard sales, when conducted on private property in a residential district for the display and sale of household and personal items, provided such use occurs for a period not to exceed six days in a calendar year. See, also, section 54-664 for licensing regulations.
(8)
Tent sales, parking lot sales, garden sales and similar sales under the following conditions:
a.
Such sales shall be permitted in parking lots in zoning districts where commercial sales are allowed, provided that such sales may be held only in parking lots which contain 20 or more parking spaces and only by an individual who maintains a commercial establishment in the shopping center served by the parking lot.
b.
The tent or display of merchandise to be sold may not cover more than 20 percent of the parking lot in which the sale is held.
c.
Such sales shall be limited in duration as follows:
1.
Parking lot sales may be conducted for a maximum of ten days, and a maximum of three such sales may be conducted in any parking lot within a year.
2.
Sales of garden materials may be conducted for a maximum of 60 consecutive days, and only one such sale shall be conducted in any parking lot within a year.
3.
Tent sales may be conducted for a maximum of 31 consecutive days, and only three such sales may be conducted in any parking lot within a year.
d.
No zoning certificate shall be issued for any such sale unless the foregoing conditions of this subsection have been met and unless the village has received a copy of the written permission of the owner of the parking lot in which the sale is to be held.
(Code 1973, ch. 29, § 5-201; Ord. No. 84-034, 8-14-1984; Ord. No. 85-062, 10-22-1985; Ord. No. 94-127, 11-29-1994; Ord. No. 00-084, 5-23-2000)
TEMPORARY USES
Upon issuance of a zoning certificate by the village, the following uses of land shall be permitted in each zoning district (unless specifically restricted to a particular zoning district) subject to the specific regulations and time limits which follow, and to the other applicable regulations of the district or districts in which it is located:
(1)
Christmas tree sales, when located on a lot less than five acres located in the B-2 or B-3 commercial district for a period not to exceed 30 days. Such use need not comply with the yard requirements of this chapter, provided that no trees shall be displayed within ten feet of any driveway or street right-of-way or within 30 feet of the intersection of the right-of-way of any two streets.
(2)
Contractors' offices and equipment sheds and trailers, when accessory to a construction project and only for the duration of the project while building permits are in effect, and provided that such office or equipment shed or trailer is located on the premises undergoing construction except that contractors' offices and equipment sheds may be located off-premises with the written permission of the adjacent property owner and the approval of the zoning administrator and building commissioner. No such office, shed or trailer shall contain sleeping accommodations or cooking facilities. Such use shall be screened from view and shall be removed upon the lapse of building permits or issuance of the last occupancy certificate. All such structures shall be located to comply with setbacks required in each zoning district.
(3)
Subdivision sales offices, sometimes in a model home, when incidental to a new housing development. No such use may be used for sleeping or cooking purposes and may continue only until all dwelling units in the development have been sold or leased. All such structures shall be located to comply with setbacks required in each zoning district. Fences may be located on lots used for subdivision sales offices and model homes, provided that such fences comply with the provisions of section 54-227 except that:
a.
Points of access be provided as required by the fire marshal for persons, equipment and vehicles which may be required in case of emergency.
b.
Fences need not be of open-design when located within the required front or corner side yard provided the fence does not exceed 3.5 feet in height and is constructed of natural materials and may not be located within three feet of a curb when there are existing public sidewalks.
(4)
Seasonal sales of farm produce, grown on the premises in an E-R or R-1 district, for a period not to exceed four months in any calendar year. Structures incidental to such sales shall comply with the yard requirements of the district in which it is located.
(5)
Circus or carnivals, when operated or sponsored by a religious, civic, or institutional not-for-profit group for a period not to exceed one week. No such use may occur on a lot which does not provide adequate on-site parking and does not pose a safety hazard to pedestrians and motorists or interfere with the use and privacy of adjacent property. Such use may not be located in any residential district, except on park, church, or school property, and shall comply with the yard requirements of the district in which it is located.
(6)
Sidewalk sales, when conducted on private property in a commercial district incidental to the businesses located on the lot, provided such use is conducted in conjunction with a special event or promotion which is related to or sponsored by the businesses on the lot and conducted adjacent to the entrance of the businesses, and that such use occurs for a period not to exceed four days and not to occur more than three times in a calendar year.
(7)
Garage or yard sales, when conducted on private property in a residential district for the display and sale of household and personal items, provided such use occurs for a period not to exceed six days in a calendar year. See, also, section 54-664 for licensing regulations.
(8)
Tent sales, parking lot sales, garden sales and similar sales under the following conditions:
a.
Such sales shall be permitted in parking lots in zoning districts where commercial sales are allowed, provided that such sales may be held only in parking lots which contain 20 or more parking spaces and only by an individual who maintains a commercial establishment in the shopping center served by the parking lot.
b.
The tent or display of merchandise to be sold may not cover more than 20 percent of the parking lot in which the sale is held.
c.
Such sales shall be limited in duration as follows:
1.
Parking lot sales may be conducted for a maximum of ten days, and a maximum of three such sales may be conducted in any parking lot within a year.
2.
Sales of garden materials may be conducted for a maximum of 60 consecutive days, and only one such sale shall be conducted in any parking lot within a year.
3.
Tent sales may be conducted for a maximum of 31 consecutive days, and only three such sales may be conducted in any parking lot within a year.
d.
No zoning certificate shall be issued for any such sale unless the foregoing conditions of this subsection have been met and unless the village has received a copy of the written permission of the owner of the parking lot in which the sale is to be held.
(Code 1973, ch. 29, § 5-201; Ord. No. 84-034, 8-14-1984; Ord. No. 85-062, 10-22-1985; Ord. No. 94-127, 11-29-1994; Ord. No. 00-084, 5-23-2000)