Johnston City Zoning Code

These regulations are intended to establish criteria and standards under which limited duration temporary uses may be allowed on a property:

1. 1.
   To allow certain uses and activities on an interim of limited basis that would not be allowed on a permanent basis within the zoning district.
2. 2.
   To establish minimum standards for the operation of temporary uses in a manner that will provide the health, safety, and welfare of the patrons, employees, the general public, etc., that may utilize or be affected by the establishment of the temporary use.

Effective on: 5/1/2023

The following regulations apply to all temporary uses as listed in Tables 168.2, 169.2, 170.2, and 171.2:

3. 3.
   All temporary uses shall apply for and obtain a temporary use permit prior to the commencement of the use. This does not include those uses listed as exempt in Section 178.03 USES EXEMPT FROM TEMPORARY USE PERMITS.
4. 4.
   No temporary use shall exceed a period of more than six (6) months of a twelve-month period, unless otherwise approved by the City Council.
5. 5.
   All temporary uses shall be on paved surfaces, but not on sidewalks, trails, or within the public right-of-way. This standard shall not apply to construction-related temporary uses.
6. 6.
   All temporary structures shall conform to the zoning setback requirements of the zoning district in which the property is located or as directed by the Zoning Administrator. Temporary structures less than 300 square feet may be allowed within the front yard setback subject to approval of the Zoning Administrator.
7. 7.
   The proposed temporary use shall not affect the driveway access or traffic circulation on the property.
8. 8.
   The applicant shall provide, as determined by the Zoning Administrator, adequate facilities for disposal of trash and waste, e.g., grease, associated with the temporary use.
9. 9.
   Permanent sanitary facilities located within an adjacent building shall be made available to all employees of the activity during its operational hours, as approved by the Zoning Administrator, in concurrence with the county health department, unless stipulated otherwise in this Chapter.
10. 10.
    The site area shall be cleaned of debris, temporary structures and any other objects associated with the temporary use within three (3) days after the termination of sales.
11. 11.
    The number of additional parking spaces required and the location of such shall be determined by the Zoning Administrator. The maximum number of permanent parking spaces allowed to be used for operation of an extended use shall not exceed 20 percent of the parking on a site plan that was approved by the City Council to be counted toward the allowable size of the activity or 20 percent of the site area, whichever is more restrictive.
12. 12.
    Safety Standards. In order to promote the safety of the patrons of these facilities, the following shall be required:

    1. A.
       All sales areas shall be separated from vehicular uses by the placement of a fence or barrier acceptable to the Zoning Administrator to prevent pedestrian and vehicular conflicts.
    2. B.
       Temporary drive aisles shall be maintained at a minimum of 12 feet in width for one-way traffic and 24 feet in width for two-way traffic. Barriers, fencing, or some other physical markers shall clearly inform drivers at the end of the parking area and the start of the drive aisle. A clear line of sight shall be maintained at the entrance and exit of the temporary drive aisles.
    3. C.
       Vehicle loading areas shall be located in an area that minimizes pedestrian and vehicle conflict and provides for the safe loading of merchandise and vehicle access to and from the traffic lanes to the loading area, preferably without backing movements.
13. 13.
    Proof of ownership or a signed letter from either the property owner or their authorized representative, for the property on which the activity is to take place, shall be presented at the time the temporary use permit is requested.
14. 14.
    Review

    1. A.
       For all temporary uses not listed under Section 178.03, the property owner or proposed operator shall be responsible for submitting a site plan following the requirements set forth in CHAPTER 190 LAND USE PROCEDURES. This site plan shall be reviewed and approved by City Council.
    2. B.
       For temporary uses listed under Section 178.03, a plan of the layout of the proposed temporary use shall be submitted to the Community Development Department with the application, to be reviewed and approved by the Zoning Administrator. The layout plan shall identify the following:

       1. 1.
          The area on the site proposed to be utilized as part of the temporary use and associated sales area.
       2. 2.
          Proposed modifications to the traffic patterns and methods proposed to notify patrons and identify the temporary traffic pattern changes, i.e., signage, traffic cones, fencing and barriers, etc.
       3. 3.
          Proposed vehicle loading zone.
       4. 4.
          Proposed temporary barriers or corral with an architectural elevation, photo or sketch of the barriers’ proposed construction.
       5. 5.
          Location of electrical connection and water connection, if applicable.

Effective on: 5/1/2023

1. 1.
   Produce stands meeting the following criteria shall not be required to obtain a temporary use permit:

   1. A.
      The temporary structure and sales area shall not exceed the size of two (2) parking spaces or 324 square feet.
   2. B.
      The site area shall be cleaned of debris, temporary structures, and any other objects associated with the temporary use at the end of each business day.
   3. C.
      The vendor shall acquire permission from the property owner prior to any temporary use on the property.
   4. D.
      Produce stands shall conform to the general requirements set forth in Section 178.04.
2. 2.
   Essential emergency facilities of any size, including healthcare facilities, established in response to a declared state of emergency.
3. 3.
   Mobile Food Units (MFUs) which are parked in the same location for three (3) or fewer consecutive days and which meet the following standards:

   1. A.
      Placement

      1. 1.
         No portion of the MFU shall extend onto any right-of-way.
      2. 2.
         MFUs shall not park in or in any way block or infringe on drive aisles, sidewalks, access to loading/service areas, emergency access, fire lanes, or driveways serving adjacent properties.
      3. 3.
         No MFU may obstruct ingress or egress from any building at any time.
      4. 4.
         Customer queueing shall not obstruct the flow of pedestrian or vehicular traffic.
      5. 5.
         The MFU shall not exceed the size of two (2) parking spaces or 324 square feet.
   2. B.
      The applicant must obtain licensing, liquor permits, certificates of inspection, or any other documentation necessary to comply with all applicable requirements of the state, county, or municipality regarding health standards.
   3. C.
      Tables and chairs associated with the MFU shall not be permitted.
4. 4.
   Construction Related Uses (Job Trailers) shall be located on the construction site and shall be removed from the site after one (1) year or upon expiration of the building or other construction permit, whichever occurs first, and shall be removed prior to the issuance of a certificate of occupancy.

Effective on: 5/1/2023

A temporary use permit may be issued for the following temporary uses so long as all the below standards are met in addition to the general regulations listed in Section 178.02 GENERAL REGULATIONS:

1. 1.
   Mobile food unit (MFU)

   The following standards apply to MFUs which will be parked in the same location for four (4) or more days:

   1. A.
      Placement

      1. 1.
         No portion of the MFU shall extend onto any right-of-way.
      2. 2.
         MFUs shall not park in or in any way block or infringe on drive aisles, sidewalks, access to loading/service areas, emergency access, fire lanes, or driveways serving adjacent properties.
      3. 3.
         No MFU may obstruct ingress or egress from any building at any time.
      4. 4.
         Customer queueing shall not obstruct the flow of pedestrian or vehicular traffic.
   2. B.
      The applicant must obtain licensing, liquor permits, certificates of inspection, or any other documentation necessary to comply with all applicable requirements of the state, county, or municipality regarding health standards:
   3. C.
      Water Service. The structure used for dispensing of food and beverage shall provide self-contained hot and cold running water with appropriate holding facilities of wastewater.
   4. D.
      Wastewater Disposal. Any wastewater shall be collected and disposed in a manner acceptable to the City and shall be explained in the application for a permit.
   5. E.
      Tables and chairs associated with the MFU may be permitted so long as they do not obstruct the flow of pedestrian or vehicular traffic. The total area for the MFU and associated tables and chairs may not exceed 800 square feet.
   6. F.
      MFUs may be powered by an independent power supply provided the power source is screened from public view and complies with the City's noise regulations.
   7. G.
      All MFUs shall be kept in good repair.
   8. H.
      Out-of-service MFUs shall comply with all applicable zoning ordinance requirements, including Section 10-68-19 Recreational Camping Vehicle, Utility Trailer, Boat, Unlicensed Vehicle, Storage and Parking.
2. 2.
   Food/beverage stand

   The applicant must obtain licensing, liquor permits, certificates of inspection, or any other documentation necessary to comply with all applicable requirements of the state, county, or municipality regarding health standards:

   1. A.
      Water Service. The structure used for dispensing of food and beverage shall provide self-contained hot and cold running Water with appropriate holding facilities of wastewater.
   2. B.
      Wastewater Disposal. Any wastewater shall be collected and disposed in a manner acceptable to the City and shall be explained in the application for a permit.
3. 3.
   Garden center

   1. A.
      Maximum allowable square footage shall be determined on a site-by-site basis.
   2. B.
      This use is limited to the display of common retail plant products packaged for consumer sale and associated household products for garden or landscape usage, with the approval of the Zoning Administrator.

Effective on: 5/1/2023

Temporary use permits shall be issued subject to the following:

1. 1.
   Conditions of Approval

   The Zoning Administrator may impose such conditions on a temporary use permit as is necessary to meet the purposes of this Chapter and to protect the public health, safety, welfare and adjacent uses. Conditions which may be imposed may include, but are not limited to:

   1. A.
      Yard setback and open space requirements.
   2. B.
      Parking
   3. C.
      Fences, walls or other screening.
   4. D.
      Signs
   5. E.
      Vehicular and pedestrian ingress and egress.
   6. F.
      Property maintenance during the course of the activity.
   7. G.
      Control of illumination, noise, odor, vibration, or other nuisances.
   8. H.
      Hours of operation.
2. 2.
   Violations and Penalties

   1. A.
      Failure to maintain a temporary use in compliance with the conditions of approval and the regulations of this Chapter may be punished as set forth in Chapter 3 Municipal Infractions of the City Code of the City of Johnston.
   2. B.
      A Temporary Use Permit may be revoked and terminated at any time by order of the Zoning Administrator, Fire Chief, Police Chief, or Building Official if the temporary use is deemed as being a life safety hazard towards pedestrians, vehicles or property, or if the temporary use fails to comply with the terms of the permit or other City ordinances.

Effective on: 5/1/2023