Temporary uses are permitted in accordance with the provisions of this chapter.

(Ord. 2012-20, passed 4-17-2012)

   (a)   Certificate required. No temporary use, except the storage of inoperable vehicles or equipment and portable storage units that are placed on a premises for seven days or fewer, shall be established or maintained unless a zoning certificate evidencing the compliance of such use with the provisions of this Zoning Code shall have first been issued by the Code Enforcement Officer in accordance with the provisions of Chapter 1244.

   (b)   Bases for certificate denial. A zoning certificate may be approved unless the Code Enforcement Officer finds one of the following bases of denial:

      (1)   The applicant has failed to comply with the standards, conditions or terms of any previously issued zoning certificate for a temporary use;

      (2)   The permanent use of the subject property fails to comply in all respects with the

provisions of all village ordinances regulating the development, use and maintenance of the property;

      (3)   The public health, safety or welfare would be, or may reasonably be expected to be, impaired by the issuance thereof; or

      (4)   The temporary use as proposed will not sufficiently comply with the provisions of this chapter.

   (c)   Conditional certificate. A zoning certificate for a temporary use may be conditioned upon such special requirements as the Code Enforcement Officer may determine are necessary to achieve the purposes and requirements of this Zoning Code and to protect the public health, safety, and welfare.

   (d)   Revocation of certificate. A zoning certificate shall be revoked if any of the standards and conditions imposed pursuant to this chapter or such certificate, are violated.

(Ord. 2012-20, passed 4-17-2012)

Subject to the specific regulations and time limits that follow in Schedule 1272.05 and divisions (a) through (i) of this section, and to the other applicable regulations of the district in which the use is permitted, the following temporary uses, and no others, are permitted in the zoning districts herein specified:

 

   (a)   Seasonal outdoor agricultural sales.

      (1)   Any such use shall require prior approval of the Code Enforcement Officer on the basis of the adequacy of the parcel size, parking provisions, traffic, access, obstruction of right-of-way visibility form vehicles, and the absence of undue adverse impact on other properties.

      (2)   Sales in Residential Districts shall only be conducted by not-for-profit organizations.

      (3)   Seasonal Agricultural Products are limited to live or cut flowers, plants, produce and trees;

      (4)   Products need not be located within a covered area.

      (5)   A tent may be erected during the sales period provided the structure occupies 800 square feet or less in ground space, is located out of the right-of-way, and is approved by the Code Enforcement Officer.

      (6)   No required off-street parking or loading area shall be utilized for display, storage, or sales.

   (b)   Seasonal outdoor garden center.

      (2)   Retail sales only, limited to plants in containers and prepackaged garden supplies. No storage or sale of bulk products is permitted.

      (3)   No portion of the display shall be on or over publicly owned property.

      (4)   No required off-street parking space or loading area shall be utilized for display, storage or sales.

      (5)   Products need not be located within a covered area.

      (6)   A tent may be erected during the sales period provided the structure occupies 800 square feet or less in ground space, is located out of the right-of-way, and is approved by the Code Enforcement Officer.

      (7)   No required off-street parking or loading area shall be utilized for display, storage, or sales.

   (c)   Inoperable vehicle and equipment storage.

      (1)   All vehicles and equipment shall be stored on a paved surface.

      (2)   No required off-street parking or loading area shall be utilized for inoperable vehicle or equipment storage, however, the area designated for the storage of inoperable vehicles and equipment must comply with the location and setback requirements for off-street parking areas in Chapter 1262.

   (d)   Tents.

      (1)   Must be in connection with a use that is a permitted, accessory or temporary use on the parcel upon which the tent is located.

      (2)   Unless waived in writing by the Code Enforcement Officer, every tent shall comply with the area requirements of the district in which it is located and shall comply with such additional conditions as the Code Enforcement Officer may determine necessary to address the nature of the use proposed for the tent, projected traffic generation and other short-term impacts upon surrounding properties.

   (e)   Festivals.

      (1)   Any such use shall require prior approval of the Code Enforcement Officer on the basis of the adequacy of the parcel size, parking provisions, traffic, access and the absence of undue adverse impact on other properties.

      (2)   Such use need not comply with the front yard requirements of the district in which it is located; however, no structures or equipment may encroach into areas that obstruct the view of operators of motor vehicles on or to public rights-of-way.

   (f)   Portable storage units.

      (1)   Portable storage units are limited to enclosed units designed for permanent or temporary storage that can be transported by vehicle and left on site.

      (2)   May be no more than eight feet in width and eight feet in height and no more than 16 feet long.

      (3)   No portable storage unit shall be used for human or animal occupancy.

      (4)   Must be located on a paved surface.

      (5)   No more than one portable storage unit shall be permitted on any parcel at any time.

   (g)   Temporary structure as part of an education or institutional use. Must be in connection with an educational or institutional use on the parcel upon which the principal structure is located.

   (h)   Real estate and model sales offices.

      (1)   Model units including real estate offices, are permitted in any district when an accessory use to a new development, and may be located in an approved permanent or temporary structure.

      (2)   Must be in connection with a new development on the parcel upon which the structure is located.

      (3)   No such use shall be used for sleeping accommodations.

      (4)   Such use shall be limited to the period of the active selling or leasing of units or space in such development and to activities related to the development in which such office is located.

      (5)   No such office shall be used as the general office or headquarters of any firm.

   (i)   Construction dumpster, contractor offices or equipment trailers.

      (1)   Contractor's offices, construction security guard's offices and equipment trailers are permitted in any district when accessory to a construction project.

      (2)   Must be in connection with a construction project on the parcel upon which the dumpster, trailer, or storage is located.

      (3)   No such use shall contain any sleeping accommodations.

      (4)   No such office shall be used as the general office or headquarters of any firm.

(Ord. 2012-20, passed 4-17-2012)

Except as expressly provided otherwise in § 1272.05 above, every temporary use is subject to and shall comply with the lot, yard, area and height requirements for principal uses and structures of the district in which such temporary use is located.

(Ord. 2012-20, passed 4-17-2012)

   (a)   General limitations. No temporary use shall be permitted if it would have significant negative impact on any adjacent property or on the area as a whole.

   (b)   Hours and days of operation. No temporary use shall be operated during any hours or on any days of the week except such as are determined by the Code Enforcement Officer on the basis of the nature of the temporary use and the character of the surrounding area.

   (c)   Public safety. No temporary use shall be permitted unless the Village Fire and Police Authorities having jurisdiction over the use shall have first certified in writing that such use will result in no additional, undue on-site or off-site threat to public safety. No temporary use shall be operated except in accordance with such restrictions and conditions as those authorities and the Code Enforcement Officer may require in connection with such certification.

   (d)   Traffic. No temporary use shall be permitted if the Code Enforcement Officer upon review of the application, finds that additional vehicular traffic reasonably expected to be generated by such temporary use would have undue detrimental effects upon surrounding streets and uses which cannot be adequately mitigated by the applicant.

   (e)   Conflicts with other temporary uses. No temporary use shall be permitted if such use would conflict with another previously authorized temporary use.

   (f)   Sign limitations for temporary uses. Signs to be used in conjunction with an approved temporary use must meet the following requirements. Temporary signs:

      (1)   Shall be located only on the same zoning lot as the temporary use;

      (2)   Shall be limited to no more than one per street frontage;

      (3)   Shall be set back at least six feet from the front lot line;

      (4)   Shall be no larger than six square feet in area in any residential district or 20 square feet in area in any other district;

      (5)   Shall be of sturdy construction;

      (6)   Must not be detrimental to the character of the area;

      (7)   Shall not be erected sooner than 24 hours before the commencement of the temporary use; and

      (8)   Shall be removed within 24 hours following the termination of the temporary use.

   (g)   Parking. Before approving any temporary use, the Code Enforcement Officer shall make an assessment of the total number of off-street parking spaces that will be reasonably required in connection with the proposed temporary use, on the basis of the particular use, its intensity, and the availability of other parking facilities in the area, and shall approve such temporary use only if such off-street parking is provided. No temporary use shall be authorized that would, in the opinion of the Code Enforcement Officer, unreasonably reduce the amount of off-street parking spaces available for use in connection with permanent uses located on the zoning lot in question.

   (h)   Additional conditions. Every temporary use shall comply with, and the Code Enforcement Officer may impose, such other conditions as may reasonably be necessary to achieve the purposes of this Zoning Code or to protect the public health, safety, and welfare.

(Ord. 2012-20, passed 4-17-2012)

   Anyone who operates a temporary use in violation of this chapter shall be subject to the provisions of Chapter 1246 Enforcement.

(Ord. 2012-20, passed 4-17-2012)