The purpose of this chapter is to permit certain uses on a temporary basis. This administrative procedure will assure that standards are addressed and that the temporary use is limited to a specified period of time.

(Ord. 1978-82.)

For purposes of this Zoning Code and the 2024 Zoning Code, and subject to the provisions of this chapter, the following temporary uses are permitted without a temporary use permit in accordance with the conditions specified.

(A)

A carnival or a circus is permitted on any lot developed with an existing religious, educational or social organization building in any residential district, on any lot in any commercial or industrial district, or on a mixed-use district of the 2024 Zoning Code, for a period not to exceed 15 days and a maximum of two times each year. No structure or equipment shall be placed within 20 feet of any residential building or structure.

(B)

A Christmas tree sales lot is permitted on any lot developed with an existing religious, educational or social organization building in any residential district, on any lot in any commercial or industrial district, or on a mixed-use district of the 2024 Zoning Code, for a period not to exceed 60 days; provided, however, that any such lot shall be cleared by the first day of January. In a commercial or manufacturing district, a temporary structure or portable building may be used on such a lot but only if a temporary use permit has been obtained for such structure or portable building.

(C)

A garage or yard sale is permitted on any lot in any residential, commercial or industrial district, or a mixed-use district of the 2024 Zoning Code, for a maximum of two times each year and a maximum of four days at a time.

(D)

An assembly in a tent is permitted on any lot developed with an existing religious, educational or social organization building in any residential district, on any lot in any commercial or industrial district, or on a mixed-use district of the 2024 Zoning Code, for a period not to exceed 30 days and a maximum of two times each year. No structure or equipment shall be placed within 20 feet of any residential building or structure.

Off-street parking requirements for subject lot shall not be enforced during the period that such temporary use complies with this chapter.

(E)

A temporary parking lot for special events open to the general public is permitted on any lot, properly zoned to permit parking for a period not to exceed 21 days and a maximum of one time each year.

Parking lot requirements for the subject lot shall not be enforced during the period that such temporary use complies with this chapter.

(F)

Portable Storage Containers. Portable storage containers are a temporary structure designed for storage that are less than 169 square feet in size and eight feet in height that may be delivered onsite by a commercial enterprise then picked up and removed to a commercial storage facility or the customer's destination. Portable storage containers are permitted as a non-permanent accessory use to provide temporary storage for moving and similar short-term purposes.

One portable storage container may be located on any parcel for two non-sequential periods, not exceeding 14 days for each period, per calendar year. The portable storage container shall be situated on an improved surface when possible and not block any sidewalk or shared-use path. A portable storage container is not permitted as a permanent accessory storage structure regardless of the proposed location of the unit on a parcel.

(Ord. 392-94: Ord. 1436-06 § 3; Ord. 1987-2008 Attach. 1 (part); Ord. No. 2019-2021, § 1, 7-26-2021; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

The director is authorized to grant or extend temporary use permits for specified uses in accordance with the provisions of this chapter.

(Ord. 577-84; Ord. 1272-01 § 1 (part); Ord. No. 0455-2010, § 98, 4-5-2010)

No person shall use any building structure or premises or erect any building or structure for particular uses specified in this section except in compliance with a temporary use permit issued by the director as provided in this chapter.

(A)

A real estate office is permitted in any residential subdivision or development actively under construction, as determined by the director, for the purpose of selling lots in such subdivision, or for leasing units. A model home may be used as a temporary sales or leasing office. A temporary use permit for such use may be issued for one year. At the end of a year, a new permit may be issued if the director determines that such subdivision or development is still actively under construction. A temporary use permit may be issued for a mobile home or portable building to be used as a temporary sales or leasing office to allow earlier sales or leases for new developments pending completion of a furnished model home. Off-street parking requirements for the subject lot shall not be enforced during the term of either permit.

(B)

A mobile home for emergency housing for the victim of a fire or catastrophic loss is permitted on the lot where such loss occurred. A portable storage unit may be used in conjunction with such temporary housing. A temporary use permit for such use may be issued for 90 days, renewable for an additional maximum term of 90 days and may be subject to additional restrictions.

(C)

A temporary use of a building for seasonal celebrations such as a "haunted house" is permitted in any residential, commercial or industrial district, or a mixed-use district of the 2024 Zoning Code, for a period not to exceed 30 days one time each year.

(D)

A temporary structure or portable building is permitted on a Christmas tree sales lot in a commercial or manufacturing district. A temporary use permit may be issued for a period not to exceed 60 days and shall provide that such structure or building shall be removed by the first day of January.

(Ord. 392-94; Ord. 1272-01 § 1 (part): Ord. 1436-06 § 4; Ord. No. 0455-2010, § 99, 4-5-2010; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

Repealed by Ordinance 1486-95.

Pursuant to Chapter 3389 and in accordance with the conditions therein and imposed thereby, a special permit for a temporary parking lot may be issued by the board of zoning adjustment for a term of no more than two years.

(Ord. 2406-87.)

One who engages in a temporary use shall insure that:

(a)

Principal and accessory buildings, structures and uses on any lot together with any temporary use comply with the side-yard and front setback provisions of the zoning district in which they are located;

(b)

Any signs will be erected in compliance with the Graphics Code;

(c)

Adequate access is provided;

(d)

The approved temporary use permit, if any, is displayed in a prominent location on the subject premises for easy inspection;

The issuance of a temporary use permit or exclusion from such requirement does not negate the necessity for any other permit or license required by the city or any other governmental agency.

(Ord. 1978-82.)

An application for a temporary use permit shall contain such information as the director deems reasonably necessary for a determination of compliance or noncompliance with this Zoning Code or the 2024 Zoning Code and to assist enforcement thereafter. The applicant shall sign the application and each copy thereof, attesting to the truth and exactness of the information supplied and to the applicant's intent to terminate such use within the period set forth therein.

(Ord. 577-84; Ord. 1272-01 § 1 (part); Ord. No. 0455-2010, § 100, 4-5-2010; Ord. No. 2019-2021, § 1, 7-26-2021; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

A temporary use shall cease operation on or before the expiration of the term provided by this chapter, the temporary use permit or any permitted renewal thereof. Upon the termination of a temporary use, the site shall be cleared of all graphics associated with such use, any temporary building or structure, and all debris within six days of the expiration of the temporary use permit.

A temporary use which is permitted with or without a temporary use permit by this chapter shall cease operation if found to be in violation of the standards or conditions of this chapter or code.

(Ord. 1978-82.)