Derby City Zoning Code

601

TEMPORARY USES.

Permitted Temporary Uses. The following temporary uses of land are permitted in specific zoning districts, subject to the restrictions established by this Section, and except as specifically modified by this Section, the regulations of the zoning district in which the use is permitted and other applicable provisions of these regulations.

Within any zoning district, temporary outdoor CARNIVALS, CIRCUSES, MUSIC FESTIVALS, COMMUNITY CELEBRATIONS or other events of a temporary or intermittent nature may be approved, with or without conditions, by the Zoning Administrator, provided that events on property within the APZ Accident Potential Zone Overlay District are limited to a maximum occupancy of 50 people per acre. Compliance with the bulk requirements of the applicable zoning district, observed platted setbacks, and other requirements may be waived by the Zoning Administrator in approving such an event provided that, temporary structures or equipment, axle-mounted enclosures, displays and events shall not interfere with the view of operators of motor vehicles on the public streets and shall not be located within 30 feet of the intersection of the curb line of any two streets or at any location near a driveway that may interfere with the view of either motorists or pedestrians. The area occupied by the temporary uses shall not be counted as part of the percentage of outdoor display and sales permitted by specific district regulations.

Within the B-3, B-4 and B-5 zoning districts and as provided below for school and church property, CHRISTMAS TREE, FIREWORKS, PUMPKIN AND SIMILAR NATIONALLY ACCEPTED AND RECOGNIZED CELEBRATION SALES for a period not to exceed 30 days. Display of such merchandise need not comply with the bulk requirements of the districts or observe platted setbacks; provided that no merchandise, displays, temporary structures or axle-mounted enclosures shall be located within 30 feet of the intersection of the curb line of any two streets or at any location near a driveway that may interfere with the view of either motorists or pedestrians. Merchandise display, temporary structures and axle-mounted enclosures shall not occupy or interfere with any required parking spaces or circulation aisles providing access thereto. The area occupied by nationally recognized celebration sales shall not be counted as part of the percentage of outdoor display and sales permitted by specific district regulations. The temporary use may include the use of temporary signage which requires a sign permit and may be displayed only during the period in which the temporary use is permitted including set-up and break-down time. Such signage is limited to not more than one (1) percent of the square footage of the zoning lot, with no individual temporary sign larger than 32 square feet. Such signage, including temporarily displayed electronic message signs, may be placed on vehicles or trailers associated with the temporary use. The square footage calculation shall not include signage permanently painted or permanently affixed to such vehicles or trailers, except that vehicles or trailers specifically designed for the purpose of displaying signage shall be included in the square footage calculation and limitation on individual sign size. Additionally, balloon signs shall be permitted for a period not to exceed 10 days. On property that is a part of a zoning lot for a school or church use, CHRISTMAS TREE, FIREWORKS, PUMPKIN AND SIMILAR NATIONALLY ACCEPTED AND RECOGNIZED CELEBRATION SALES are permitted provided the sales and display area for such is located along an arterial, collector or business street. All conditions listed above for nationally accepted and recognized celebration sales in the B-3, B-4 and B-5 zoning districts shall also apply to school or church property.

Within any zoning district, TEMPORARY BUILDING CONTRACTOR'S OFFICE AND EQUIPMENT SHEDS or a manufactured/mobile home accessory to a construction project for a period not to exceed the duration of the construction project. Such temporary structures need not comply with the bulk requirements of the zoning district in which they are located or observe platted building setbacks, but shall not be located near any driveway which may obstruct the view of either motorists or pedestrians.

Within any residential zoning district, use of a site built dwelling or manufactured housing as a TEMPORARY REAL ESTATE OFFICE where information about the availability of dwellings or lots within the applicable housing project is discussed with prospective buyers or where sales contracts are executed; provided any manufactured housing used for such purposes shall not be located within any required yard or platted setback and shall be removed from the site once 90 percent of all lots within the subject housing project have been developed. For site-built housing, use of the dwelling unit as a temporary real estate office shall be discontinued once 90 percent of all lots within the subject housing project have been developed.

Within any residential zoning district, GARAGE, YARD, ESTATE, RUMMAGE OR SIMILAR SALES; provided no one sale exceeds a period of more than three days and not more than one sale shall be held at a dwelling during any consecutive six-month period.

Within the B-3, B-4, and B-5 zoning districts, PROMOTIONAL ACTIVITIES OF RETAIL MERCHANTS, involving the display of merchandise outside of enclosed buildings, may exceed the percentage of outdoor display and sales permitted by district regulations, provided that:

No such promotional sale shall be held for a period longer than 14 days and no more than one such sale shall be held, per zoning lot, per consecutive three-month period;

Outdoor merchandise displays need not comply with the bulk requirements of the applicable district regulations, provided that any temporary structures, axle-mounted enclosures or vehicles with a weight classification of 1 ton or greater, placed for use in conjunction with the promotional activities, shall not encroach upon required yards or platted setbacks;

Outdoor display of merchandise shall not interfere with the view of operators of motor vehicles on the public streets and shall not be located within 30 feet of the intersection of the curb line of any two streets or at any location near a driveway that may interfere with the view of either motorists or pedestrians;

Display of merchandise or placement of associated temporary structures or axle-mounted enclosures shall not occupy or interfere with required parking spaces or circulation aisles providing access thereto.

The temporary use may include the use of temporary signage. This is provided that such signage is limited to not more than two signs with a combined square footage of 32 square feet or less. Such signage may be placed on vehicles or trailers associated with the temporary use and the square footage calculation shall not include signage that may be permanently painted or permanently affixed to such vehicles or trailers.

Within the B-3, B-4 and B-5 districts and as provided below for school and church property, RECYCLING CENTERS operating for not more than 10 days during any one period and no more than three times during any consecutive 12-month period. The area occupied by the recycling center shall not be counted as part of the percentage of outdoor display and sales permitted by specific district regulations. The area occupied by the recycling center may be within required yards or platted setbacks, but shall not be located within 30 feet of the intersection of the curb line of any two streets or at any location near a driveway that may interfere with the view of either motorists or pedestrians. The recycling center use shall not occupy or interfere with required parking spaces or circulation aisles providing access thereto. The temporary use may include the use of temporary signage. This is provided that such signage is limited to not more than two signs with a combined square footage of 32 square feet or less. Such signage may be placed on vehicles or trailers associated with the temporary use and the square footage calculation shall not include signage that may be permanently painted or permanently affixed to such vehicles or trailers.
On property that is a part of zoning lot for a school or church use, RECYCLING CENTERS are permitted provided such use is located along an arterial, collector or business street. All conditions listed above for recycling centers in the B-3, B-4 and B-5 zoning districts shall apply to the school and church property.

Within the B-3, B-4, B-5 and M-1 districts, TEMPORARY SALES for not more than 60 days during any consecutive 12-month period, per zoning lot, provided that:

The temporary sales use need not comply with the bulk requirements of zoning districts or platted setbacks, except that any vehicle with a weight classification of 1 ton or greater or any axle-mounted enclosure or temporary structure used in conjunction with the temporary sales, shall not be located upon required yards or within platted setbacks;

The temporary sales use shall not interfere with the view of operators of motor vehicles on the public streets and shall not be located within 30 feet of the intersection of the curb line of any two streets or at any location near a driveway that may interfere with the view of either motorists or pedestrians;

The temporary sales use shall not occupy or interfere with required parking spaces or circulation aisles providing access thereto;

The area occupied by the temporary sales use shall not be counted as part of the percentage of outdoor display and sales permitted by specific district regulations.

For a period not to exceed 90 days, between March 1 and June 30, and for a period not to exceed 60 days, between August 15 and November 15, businesses located on property within districts zoned B-3, B-4 or B-5, or a combination thereof, may have outdoor display and sales areas that are twice the amount permitted by district regulations, provided the area in excess of the area permitted by the district regulations, is used solely for the DISPLAY AND SALES OF LIVING PLANTS and, provided that:

Outdoor display and sales of living plants need not comply with the bulk requirements of the districts, however, any temporary structures, axle-mounted enclosures or vehicles with a weight classification of 1 ton or greater, placed for use in conjunction with the sales and display of living plants, shall not encroach upon required yards or platted setbacks;

Outdoor display and sales of living plants shall not interfere with the view of operators of motor vehicles on the public streets and shall not be located within 30 feet of the intersection of the curb line of any two streets or at any location near a driveway that may interfere with the view of either motorists or pedestrians;

Display and sales of living plants or placement of associated temporary structures shall not occupy or interfere with required parking spaces or circulation aisles providing access thereto.

10.

Within any residential zoning district, PORTABLE STORAGE CONTAINERS FOR TEMPORARY ON-SITE STORAGE; provided, that:

Only one (1) portable storage container may be located at a residence at any one time, provided that the container is placed on a paved driveway or personal parking area and does not obstruct any City right-of-way or interfere with any vehicular or pedestrian circulation.

Portable storage containers shall not be utilized as permanent accessory structures in any residential district.

Portable storage containers shall only be permitted to be located at a residence once during any consecutive 12-month period for not longer than 45 days during the same period, provided that the Zoning Administrator, or his or her designee, may grant additional time if deemed appropriate.

Within the B-3, B-4 and B-5 districts a business shall be permitted temporary on-site storage in portable storage containers provide that:

Portable storage containers shall only be permitted to be located at a business twice during any consecutive 12-month period for not longer than 90 days during the same period, provided that the Zoning Administrator, or his or her designee, may grant additional time if deemed appropriate.

The area occupied by portable storage containers shall not exceed 10 percent of the floor area of the business.

Portable storage containers shall be located behind the front building wall and shall be located at least 20 feet from a residential district.

Signage on portable storage containers shall be limited to one sign per Container, not exceeding two square feet. The signage shall not be visible from any street or residential district.

Portable storage containers shall not block any required parking space, fire lane, or access aisle.

Vertical stacking of portable storage containers is prohibited.

11.

Within any district, PORTABLE CONTAINERS FOR TEMPORARY ON-SITE STORAGE OF CONSTRUCTION MATERIAL AND DEBRIS, provided that:

Only one (1) portable container for temporary storage of construction material and debris may be located at the construction site at any one time; provided, that the container does not obstruct any City right-of-way or interfere with any vehicular or pedestrian circulation.

Portable containers used for temporary storage of construction material and debris shall only be permitted in conjunction with a valid building permit or as otherwise permitted by the Zoning Administrator or his or her designee.

Temporary Use Permit Required.

Prior to the commencement of a temporary use, except for those temporary uses specified below as not requiring a Temporary Use Permit, the person responsible for the proposed temporary use shall file with the Zoning Administrator, or their designated agent, the following:

A completed Temporary Use Application;

A drawing which depicts the perimeter of the zoning lot and where on the zoning lot the temporary use is proposed to be placed;

If vehicular parking spaces are proposed to be used as the area for the temporary use, information shall be submitted which shows that the number of parking spaces that will remain available on the zoning lot for parking purposes will meet the minimum number of off-street parking spaces required by Section 501 of these regulations;

The following temporary uses ARE NOT subject to the requirement for a Temporary Use Permit:

COMMUNITY CELEBRATIONS and other such activities provided for by 601.A.1, if such activities are part of a city-organized event;

TEMPORARY BUILDING CONTRACTOR'S OFFICE OR SHEDS provided for by 601.A.3;

The use of site-built dwelling as a TEMPORARY REAL ESTATE OFFICE provided for by 601.A.4;

GARAGE, YARD, ESTATE, RUMMAGE OR SIMILAR SALES, provided for by 601.A.5;

PORTABLE STORAGE CONTAINERS FOR TEMPORARY ON-SITE STORAGE provided by 601.A.10.a., 601.A.10.b., and 601.A.10.c.; and

PORTABLE CONTAINERS FOR TEMPORARY ON-SITE STORAGE OF CONSTRUCTION MATERIAL AND DEBRIS provided by 601.A.11.

Nothing in this Section shall be construed to mean that a Temporary Use Permit is required for the temporary display or sales of merchandise, outside of a completely enclosed building, which may be permitted by the regulations of specific zoning districts.

(Ord. No. 2529, §§ 1.14, 1.55, 5-23-23; Ord. No. 2593, § 1.20, 5-13-25)