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Kingston City Zoning Code

ARTICLE XI

TEMPORARY USES AND STRUCTURES

Sec. 86-641.- Purpose.

The provisions of this article are based on the recognition that there are uses and structures which, because of their unique characteristics, cannot be permitted in any particular district in the village on a permanent basis, but which may be either necessary or desirable for a temporary period, provided they are carefully regulated with respect to location and operation. The temporary uses and structures permitted by this article shall be so established and maintained as to least interfere with the use and enjoyment of neighboring uses and structures, and to ensure public safety and convenience.

(Code 1985, § 8(9.0))

Sec. 86-642. - Permit required.

Except as otherwise provided in this article, a temporary use permit shall be required prior to the establishment of any temporary use or structure within the village. Compliance with the provisions of this article, and with all other applicable village ordinances shall be a prerequisite for the continued validity of all temporary use permits.

(Code 1985, § 8(9.1))

Sec. 86-643. - Application.

Application for a temporary use permit shall be made to the village board, and such permit shall be granted upon full compliance with the provisions of this article. The village board, in order to determine whether or not the applicant for a permit under this article will meet the requirements of this article, may require the applicant to submit any of the following information:

(1)

A survey or legal description of the property to be used, rented or leased for the temporary use, including all information necessary to accurately locate and portray the property.

(2)

A written description and/or drawing of the proposed temporary use or structure.

(3)

Sufficient information to determine the yard requirements, sanitary facilities and availability of parking spaces to adequately service the proposed temporary use or structure.

(4)

Such other data and certification as may reasonably be required by the village board to reach a determination that the proposed temporary use or structure will comply with the provisions of this article.

(Code 1985, § 8(9.2-4))

Sec. 86-644. - Allowed uses and structures.

Temporary uses and structures which may be allowed within the village pursuant to this article shall include, but are not limited to, the following:

(1)

Block parties and street dances. In any district within the village, a temporary use permit shall be required for a block party, street dance or similar public gathering involving the closing of a private street or straits. Major or secondary thoroughfares shall not be blocked, and such activities shall be conducted within all applicable regulations contained in this Code. Each permit shall be issued for a period not to exceed three days.

(2)

Carnivals or circuses. On any site not used for residential purposes within the village, a temporary use permit shall be required for a carnival or circus. Such permit shall be for a period not to exceed 15 days.

(3)

Christmas tree sales. On any site not used for residential purposes within the village, a temporary use permit shall be required for the display and open-lot sales of Christmas trees. Such permit shall be for a period not to exceed 40 days.

(4)

Contractor's office and equipment sheds. In any district within the village, a temporary use permit shall be required for a contractor's temporary office and equipment sheds incidental and necessary to construction in the village. Such permit shall be valid for a six-month period, and shall be renewable for four successive periods at the same location. However, the office, shed or storage area shall be removed within 30 days of completion of the construction project.

(5)

Home and garage sales. In any residential district within the village, no temporary use permit shall be required for a home or garage sale.

(6)

Real estate sales office and model units. In any district within the village, a temporary use permit shall be required for a temporary real estate sales office and/or model unit, in any development which has been approved in accordance with the provisions of this chapter and chapter 66 of this Code. The temporary permit for a real estate sales office and/or model units shall be valid for not more than one year, but shall be renewable. The office shall be removed and the model units shall be closed within 30 days after the sale of the last unit of the development. All activities conducted within either the temporary office or model units shall be directly related to the construction and sales of properties with the particular development or within the village. The temporary office and/or model units shall not be used for the general office operation of any business.

(7)

Temporary outdoor sales. On any site not used for residential purposes within the village, a temporary use permit shall be required for sidewalk sales, rummage sales, bazaars and similar outdoor sales. Such activities shall be conducted within all applicable regulations contained in this Code. There shall be no more than four such permits issued for any zoning lot within a calendar year, from January 1 to December 31. Each permit shall be valid for a period not to exceed seven days.

(8)

Temporary storage containers. Temporary storage containers shall be on a lot for a maximum of 45 days. A maximum of two instances of temporary storage container installation are allowed per year. Temporary storage containers must be located on an improved surface and may not be permanently attached to the ground or stacked on top of another. No temporary use permit shall be required for a temporary storage container.

(Code 1985, § 8(9.3); Ord. No. 2023-05, § 6, 7-3-2023)

Sec. 86-645. - Conditions for approval.

In addition to the specific regulations and time limits set forth in this article, temporary uses and structures shall be subject to such conditions and restrictions to the location and operation of such temporary uses and structures as deemed necessary by the village board for the protection of the public interest. Such conditions and restrictions shall be fully set forth at the time of the issuance of the permit for the temporary use or structure.

(Code 1985, § 8(9.4))