Dunes City City Zoning Code

MISCELLANEOUS PERMITS/APPLICATIONS

§ 155.415 TEMPORARY USE PERMITS.

(A) Permit approval may be granted for structures or uses which are temporary or seasonal in nature, such as temporary construction trailers and leasing offices, and seasonal sales such as Christmas tree sales and vegetable stands. Such activities may have adverse impacts on surrounding property, therefore some restrictions are necessary. These activities are intended to be in use for a limited duration not to exceed 12 months, and shall not become a permanent part of the site. The applicant for a temporary use permit (TUP) shall submit an application on forms provided by the city. The application shall:

(1) Include the information requested on the application form;

(2) Be filed with a detailed written narrative that clearly explains how the use conforms to the standards and limitations of the underlying zone in which the use is intended to be located, meets all applicable city and county health and sanitation requirements, and meets all applicable Building Code requirements;

(3) Include a site plan drawn to scale showing the location of the temporary use, the entrance(s) and exit(s) from the site, areas to be designated for parking, and any requested signs; and

(4) Be accompanied by the required fee.

(B) The three types of temporary uses that require permit approval are:

(1) Seasonal and special events. These types of uses required a permit per event and no event may be permitted for longer than 30 days. Using the Type II procedure described under § 155.284, the city shall approve, approve with conditions, or deny a temporary use permit based on findings that all of the following criteria are satisfied:

(a) The use does not violate any conditions of approval for the property (for example, prior development permit approval);

(b) The applicant, if not the owner of the property on which the activity will take place, has proof of the property owner’s permission for the event;

(c) There is sufficient parking to accommodate the temporary use and other uses existing on the site, pursuant to §§ 155.215 through 155.217, without impeding the flow of traffic on any public or private roadway;

(d) The use provides adequate vision clearance, as required by the table in § 155.201(M), and will not obstruct pedestrian access on public streets;

(e) Ingress and egress are adequate and do not raise safety concerns when the proposed use is combined with the other uses of the property, as required by § 155.201;

(f) Shall comply with applicable noise, odor, and nuisance provisions of the city code and any applicable local fire code;

(g) If the attendance is larger than 20 people, the adequate portable sanitation units shall be provided (for example, one for every 20 people in attendance), but limited to four calendar days or less; and

(h) The applicant has obtained any other permits required by the city code or any other required county or state permits, such as a city business license, sanitation facility permits, electrical permits, or temporary road closure permits.

(2) Temporary sales office or model home. Using a Type II procedure under § 155.284, the city may approve, approve with conditions, or deny an application for the use of any real property within the city as a temporary sales office or model home for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within the city, based on the following criteria, and provided that the applicant, if different from the property owner, has proof of the owner’s permission to place the temporary sales office or model home on the property:

(a) Temporary sales office on the site of an active construction site or major development project.

1. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold;

2. a. A temporary use permit for a temporary sales office may be issued for the length of the project, but for no longer than 12 months; and

b. The TUP may be renewed annually so long as the project remains in active status.

3. The property to be used for a temporary sales office shall not be permanently improved for that purpose; and

4. Public health, safety, and welfare shall be protected through conditions imposed by the city regarding temporary utility connections and sanitation facilities.

(b) Model home.

1. The model home shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated; and

2. The model home shall be designed as a permanent structure that meets all relevant requirements of this code and other applicable codes and permit requirements.

(3) Temporary building. Using a Type II procedure, pursuant to § 155.284, the city may approve, approve with conditions, or deny an application for a temporary trailer or prefabricated building for use on any real commercial or industrial property within the city as a temporary office or space associated with the primary use on the property, but for no other purpose, based on following criteria and provided that the applicant, if different than the property owner, has proof of the owner’s permission to place the temporary building on the property:

(a) The temporary trailer or building shall be located within the boundaries of the parcel of land on which it is located;

(b) The primary use on the property to be used for a temporary building is already developed;

(c) Ingress and egress are safe and adequate, and do not raise safety concerns when the proposed use is combined with the other uses of the property, as required by § 155.201;

(d) There is sufficient parking to accommodate the temporary use of the building and other uses existing on the site, pursuant to §§ 155.215 through 155.217, without impeding the flow of traffic on any public or private roadway;

(e) The use of the building will pose no hazard to pedestrians in the area of the use;

(f) The use of the building shall comply with applicable noise, odor, and nuisance provisions of the city code and any applicable local fire code;

(g) The building complies with applicable building codes and the applicant has obtained any permits required by the city code or any other required county or state permits, such as a city business license, sanitation facility permits, or electrical permits;

(h) The building is adequately served by a septic system and water as applicable; and

(i) When a temporary building permit expires, the applicant shall be required to remove the building, or obtain a new temporary use permit.

(Ord. 259, passed - -)

§ 155.416 HOME OCCUPATION PERMIT.

The purpose of this section is to encourage those who are engaged in small commercial ventures which are not subject to acquisition of a conditional use permit and which could not necessarily be sustained if it were necessary to lease commercial quarters, or which, by the nature of the venture, are appropriate in scale and impact to be operated within a residence. Home occupations are encouraged for their contribution in reducing the number of vehicle trips often generated by conventional businesses. They are allowed by right in all residential units (dwellings), subject to review under the Type I process described in § 155.283, applying the following standards.

(A) Appearance of residence.

(1) The home occupation shall be restricted to lawfully built enclosed structures.

(2) The home occupation shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification.

(3) The home occupation shall not violate any conditions of development approval (that is, prior development permit approval).

(4) No products produced or sold by the home occupation may be displayed or visible from outside any structure.

(B) Storage.

(1) Outside storage of inventory or materials related to the home occupation cannot be visible from the public right-of-way or adjacent properties.

(2) On-site storage of hazardous materials (including toxic, explosive, noxious, combustible, corrosive, or flammable) beyond those normally incidental to residential use is prohibited.

(3) Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in any structure.

(1) Other than family members residing within the dwelling located on the home occupation site, there shall be no more than one full-time equivalent employee at the home occupation site at any given time. As used in this section, the term HOME OCCUPATION SITE means the lot on which the home occupation is conducted.

(2) Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work or pick up/deliver at the home.

(3) The home occupation site shall not be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations.

(D) Advertising and signs. Signs shall comply with § 155.079.

(E) Vehicles, parking, and traffic.

(1) (a) One commercially-licensed vehicle associated with the home occupation is allowed at the home occupation site.

(b) It shall be of a size that would not overhang into the public right-of-way when parked in the driveway or other location on the home occupation site.

(2) There shall be no more than four commercial vehicle deliveries to or from the home occupation site daily. There shall be no commercial vehicle deliveries during the hours of 7:00 p.m. to 9:00 a.m.

(3) There shall be no more than one client or customer vehicle at any one time, and no more than eight per day at the home occupation site. There shall be no client or customer vehicles parked in the city’s right-of-way.

(F) Business hours. There shall be no restriction on business hours, except that clients or customers are permitted at the home occupation from 7:00 a.m. to 7:00 p.m. only, subject to divisions (A) through (E) above.

(G) Prohibited home occupation uses.

(1) Any activity that produces radio, television, or other electronic interference, noise, glare, vibration, smoke, dust, and/or odor beyond allowable levels as determined by local, state, or federal standards, or that can be detected beyond the property line is prohibited. Any activity that produces hazardous waste is prohibited.

(2) Any activity involving on-site retail sales, including garage sales exceeding the thresholds of a temporary use, is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants, and similar incidental items for sale by home business are allowed.

(3) The following uses, and uses with similar objectionable impacts because of motor vehicle traffic, noise, glare, odor, dust, smoke, or vibration are prohibited:

(a) Ambulance service;

(b) Animal hospital, veterinary services, kennels, or animal boarding;

(d) Repair, reconditioning, or storage of motorized vehicles, boats, recreational vehicles, airplanes, or large equipment.

(H) Enforcement. Consistent with state law, the Code Enforcement Officer, or designee, may visit and inspect the site of home occupations when the city has received a complaint to ensure compliance with all applicable regulations during normal business hours, and with reasonable notice. Code violations will be processed in accordance with §§ 155.020 through 155.037.

(Ord. 259, passed - -)

§ 155.417 TEMPORARY OCCUPANCY OF RECREATIONAL VEHICLES AND TRAVEL TRAILERS.

Using a Type I procedure, pursuant to § 155.283, the Planning Official, or his or her designee, may approve, approve with conditions, or deny an application for the temporary occupancy of a recreational vehicle or travel trailer in the residential zone. SHORT-TERM STAYS, defined as 28 or fewer consecutive days, are exempt. Manufactured home (mobile homes) are not eligible for temporary occupancy permits. The following procedures and conditions shall be complied with in the temporary occupancy of recreational vehicles and travel trailers.

(A) Recreational vehicles and travel trailers, regardless of location in the Residential Zone or other standards imposed by this chapter, may be allowed temporary occupancy on an R-1 lot with permission of the owner of the lot for some period of time, but not more than one year, to provide shelter while a primary residential structure is under construction, for temporary housing subsequent to a disaster, for short-term occupancy where a more permanent facility would be inappropriate, or for other good cause as determined by the Planning Official.

(1) (a) An approved method of wastewater disposal, such as a self-contained unit, chemical, or toilet or portable toilet, is required if the recreational vehicle or travel trailer is not served by an approved septic system.

(b) This provision does not waive any other permit requirements of the city, the county, the state, or federal agencies.

(3) The recreational vehicle or travel trailer shall not be parked in, or in any way obstruct, any public right-of-way, and the recreational vehicle or travel trailer must be sited to conform to all the city residential zone setback requirements, and shall maintain a minimum of ten feet between it and any structure.

(3) The Planning Official may impose specific siting requirements if the proposed siting would violate the city code.

(4) The Planning Official may grant permit extensions in monthly increments up to one year for temporary occupancy of a recreational vehicle or travel trailer, provided there have been no unresolved violations of any the city code.

(5) Planning Official decisions may be appealed to the Planning Commission.

(B) (1) A recreational vehicle or travel trailer in the Residential Zone may be allowed a temporary occupancy permit for the undefined term of a hardship suffered by an existing resident. As used in this section, HARDSHIP may include medical care of an aged or infirm person or persons.

(2) The applicant shall provide written verification of the hardship (statement from doctor, therapist, or other healthcare professional regarding the need for assistance) annually.

(3) Within 30 days after the hardship ceases to exist, the temporary occupancy shall cease.

(C) Residing in a recreational vehicle or travel trailer for an unlimited period of time is allowed if the unit is located in a mobile home or recreational vehicle park and lawfully connected to water, septic, and electrical systems.