Intended to permit and regulate occasional, temporary uses and structures within the corporate limits of the City of Devils Lake that are consistent with the zoning code and are compatible with other nearby land uses. Such uses as defined must prove to be an accessory to the principal use on the parcel in which it is located.

(Ord. 862 (part), 2004)

(Ord. No. 953, 5-7-18)

A.

A "temporary use" means the use of land for a fixed period of time with the intent to discontinue such use upon the expiration of permitted time period.

B.

A "temporary structure" means a structure without any foundation or footings and does not require a building permit. Such building is constructed with the understanding that it will be taken down when the permitted time period has expired. Such structure(s) may not exceed five percent of the total parcel square footage.

C.

A "temporary membrane structure" means a structure without any foundation or footings that does not require a building permit that is comprised of a support frame and a removable exterior membrane. Such building is constructed with the understanding that the membrane will be removed from the frame when the permitted time period has expired. The frame may remain up. Such structure(s) may not exceed five percent of the total parcel square footage.

(Ord. 862 (part), 2004)

(Ord. No. 953, 5-7-18)

Temporary uses are prohibited, except that the code administrator shall have the authority and responsibility to grant permits for certain temporary uses as provided in this section.

(Ord. 862 (part), 2004)

(Ord. No. 887, 7-6-10; Ord. No. 953, 5-7-18)

A permit must be obtained from the code administrator before establishing a temporary use and/or structure. One temporary use permit, for a time period of one hundred eighty days, will be allowed per parcel for any calendar year, January 1 to December 31. Only one permit will be approved per parcel regardless of the number of temporary structures.

(Ord. 862 (part), 2004)

(Ord. No. 887, 7-6-10; Ord. No. 953, 5-7-18)

A complete application for a temporary use permit must be submitted to the engineering and planning department along with a non-refundable fee. No application will be processed until it is completed in full and the fee has been paid.

A.

The completed application shall include:

1.

Name and address of applicant;

2.

Address of proposed site;

3.

Proof of ownership or statement from owner allowing use;

4.

Written description of use(s);

5.

General description of goods or services sold and times of operation;

6.

Proposed signing/advertising locations and sizes;

7.

Proposed length of use and reasoning for it;

8.

Proposed site layout showing location of temporary structure(s) or use area;

9.

Parcel size and temporary structure(s) and/or use setbacks and measurements.

B.

The following will not require an application, unless a temporary structure will be used, and are exempt from all fees:

1.

Fund raising for public or non-profit organization;

2.

Yard and garage sales, no longer than three days;

3.

Auctions sales;

4.

Storage containers in place for fewer than thirty days.

C.

Structures used in conjunction with the sale of fireworks will not require a permit as stated in the ordinance codified in this chapter if used between June 25 and July 7 only.

D.

Events sponsored by the City of Devils Lake chamber of commerce will not require an application and are exempt from all fees.

E.

Application fees as stated in resolution of fees and rates.

(Ord. 862 (part), 2004)

(Ord. No. 887, 7-6-10; Ord. No. 953, 5-7-18)

The following described temporary uses may be permitted in I-LT, I-HVY, C-HWY, C-CAC, and C-NGH zoning districts within the city provided such uses meet a minimum three-foot setback from property lines unless otherwise specified:

A.

Greenhouses;

B.

Plant and produce stands;

C.

Sales tents, trailers, or other structures used to sell goods and services;

D.

On-site storage tents and/or trailers to house inventory during construction or other unusual business interruptions;

E.

Seasonal sales, ex. Christmas tree sales;

F.

Temporary office trailers are allowed if a building permit for a permanent structure on the site is submitted to the city within ninety days of siting the temporary office trailer. A temporary office trailer may remain on the development site until the construction is completed.

G.

Storage containers (Connex boxes, TriCons, Milvans, etc.) are allowed if located a minimum of three hundred feet from residentially zoned land or are completely screened from view by means of a privacy fence.

(Ord. 862 (part), 2004)

(Ord. No. 953, 5-7-18)

Temporary uses will be permitted for a total of one hundred eighty days (as per adopted state building code) in a calendar year, January 1 to December 31. Upon expiration of a temporary use permit, another permit may not be acquired for the same premises for thirty days.

Upon expiration of temporary use permit all temporary structures must be removed within fifteen days of expiration. Any applicant who does not comply with said removal will be cited in violation and may be subject to financial penalties.

(Ord. 862 (part), 2004)

(Ord. No. 953, 5-7-18)

Notwithstanding any other provisions of this title temporary activities and structures needed as the result of a natural disaster or other health and safety emergencies are allowed for the duration of the emergency.

(Ord. 862 (part), 2004)

(Ord. No. 953, 5-7-18)