Kearney City Zoning Code
ARTICLE VI
Temporary Uses
Section 405.200 General Provisions.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
The following temporary uses of land are permitted in each district unless specifically restricted to particular districts and are subject to the regulations and time limits which follow. Temporary uses are not permitted in the public right-of-way.
Section 405.205 Carnivals or Circuses.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
Permits for carnivals or circuses may be approved with conditions by the Board of Aldermen. Such uses need not comply with the bulk or lot size requirements; provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall not be located within thirty (30) feet of the intersection of the curb line of any two (2) streets.
Section 405.210 Christmas Tree Sales.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
Christmas tree sales in any business or industrial district for a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations; provided that no trees shall be placed in such a manner as to obstruct the vision of traffic within thirty (30) feet of the intersection of the curb line of any two (2) streets.
Section 405.215 Garage or Yard Sales.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
Periodic conduct of what is commonly called "garage or yard sales" which do not exceed a period of more than three (3) days at any one (1) sale and no more than one (1) sale at any one (1) location during any six (6) month period.
Section 405.220 Outdoor Storage and Merchandise Display.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Outdoor Storage And Merchandise Display. It shall be unlawful for any commercial owner or occupant to place, deposit or maintain outdoor storage on any premises or property except as permitted in this Section.
Retailers of both new and used merchandise shall be permitted to display outdoors. The following conditions shall apply to the display of merchandise outdoors:
1.
Display of merchandise must be set back ten (10) feet from all property lines.
2.
No merchandise may be placed on a public sidewalk. Merchandise may be placed on a private sidewalk as long as all other conditions for display are met, including a four (4) foot clearance.
3.
All merchandise shall be located within the confines of the retailer's owned or leased property.
4.
No merchandise may be placed on landscaping, within three (3) feet of either side of a working doorway or within ten (10) feet directly in front of a working doorway.
5.
Merchandise shall not be placed in a designated sight triangle or in any location which would impair a driver's view of a street.
6.
Merchandise shall be displayed and maintained in a neat, clean, tidy and orderly manner.
7.
Temporary parking lot sales shall be a permitted use in business districts, as long as the sales are conducted as an extension from a permanent structure containing a retail business. In addition, minimum off-street parking requirements must be maintained, as well as any other provisions of this Code. This Section shall not be construed to allow a sub-lessee to occupy a parking lot for the purpose of conducting independent sales activity.
8.
The size of the outdoor display area for secondhand goods or merchandise shall be limited to ten percent (10%) of the total indoor gross floor area of the business and in no event shall exceed one hundred (100) square feet.
9.
No secondhand goods or merchandise shall be displayed or stored or otherwise left outdoors during non-operating hours of the business.
10.
This Section shall not apply to the sale of motor vehicles, trailers or boats.
11.
These provisions shall in no way be deemed to authorize the outdoor display or the sale of used furniture, used appliances, used plumbing, used housewares, used building material or similar display or sale in the area subject to the Central Business Overlay District and only in other commercial and industrial districts as may be authorized by the Planning Commission as a conditional use, unless permitted by other Sections of these regulations.
Section 405.225 Contractor's Office.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A commercial office trailer during the period of construction or remodeling of a permanent residential, commercial or industrial structure(s), for which a valid building permit is in force may be permitted during the construction period of the buildings or lots.
Section 405.230 Real Estate Office.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A sales office(s) within a model home within an approved development, including accessory signs, landscaping and parking facilities may be permitted during the period of construction and sale of lots in a new development.
Section 405.235 Storage Containers.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
The use of metal shipping containers used for the storage of materials may be permitted, subject to one (1) container per business or residence for no more than one (1) month. Containers must be located on private property, not in the public right-of-way, and must be located on a driveway or other paved surface, not in the front yard or landscaped areas.