It shall be the duty of the Director of Building and Code Enforcement, or his/her successor or designee, to enforce this title. Appeal from the decision of the Director or his/her designee may be to the Zoning Board of Appeals, as provided in article A of this chapter.

(Revised Zoning Ord., 8-15-1993)

   A.   Each application for a building permit shall be accompanied by a plat in duplicate, or duplicate prints thereof, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape, and location of the building to be erected, the size, shape, and locations of any existing buildings, sewer and water locations and such other information as may be necessary to provide for the enforcement of this title.

   B.   Also, prior to issuance of building permit, the lot to be constructed upon shall be staked at all angles by a registered Illinois land surveyor.

   C.   A record of all applications and plats shall be in the Office of the Director of Building and Code Enforcement, or his/her successor or designee.

(Revised Zoning Ord., 8-15-1993)

   A.   Certificate Required:

      1.   Change In Use Or Occupancy Of Land Or Building: Subsequent to the effective date hereof, no change in the use or occupancy of land, nor any change or use of occupancy in any existing building, shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy has been issued by the Director of Building and Code Enforcement, or his/her designee. Every certificate of occupancy shall state that the new occupancy complies with all the provisions of this title.

      2.   Building Construction Or Alteration: No permit for excavation or the erection or alteration of any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance, and no building or premises shall be occupied until that certificate and permit is issued.

      3.   Nonconforming Uses:

         a.   A certificate of occupancy shall be required of all nonconforming uses of land or buildings created by the passage of this title.

         b.   Application for certificates of occupancy for nonconforming uses shall be filed with the Director of Building and Code Enforcement, or his/her designee, by the owner or lessee of the land or building occupied by such nonconforming use, within one year from the effective date hereof.

         c.   It shall be the duty of the Director of Building and Code Enforcement, or his/her designee, to issue a certificate of occupancy for a nonconforming use.

         d.   Any nonconforming use for which an occupancy permit has not been obtained in conformity with the requirements of this subsection A3 shall be presumed to be operating in violation of this title, and such use shall thereupon be abated.

   B.   Record Of Certificates: A record of all certificates of occupancy shall be kept on file in the Office of the Director of Building and Code Enforcement of the Village, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or in a building affected by the certificate of occupancy.

(Revised Zoning Ord., 8-15-1993)

   A.   Public Hearing Required; Notice: The regulations imposing and the districts created by this title may be amended from time to time, but no such amendments shall be made until a public hearing has been held and a report and recommendation has been made thereon by the Village Zoning Board of Appeals. At least fifteen (15) days’ notice of the time and place of such hearing shall be published in an official paper of general circulation in the Village.

(Revised Zoning Ord., 8-15-1993; amd. 2019 Code)

   B.   Protests: In case of a written protest against any proposed amendment, signed and acknowledged by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered as to such regulation or district, filed with Village Clerk, such amendment shall not be passed except by the favorable vote of two-thirds (2/3) of all the members of the Village Board of Trustees.

(Revised Zoning Ord., 8-15-1993)

Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this title shall be fined not less than two fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(Revised Zoning Ord., 8-15-1993)

A Zoning Board of Appeals is hereby established. The word “Board”, as used in this article, shall be construed to mean the Zoning Board of Appeals.

(Ord. 93-2-3D, 2-3-1993)

Persons appointed to serve as members of the Zoning Board of Appeals shall be residents of the Village. Persons who are nonelected officers of the Village and persons who may have a direct or indirect interest in a contract, work or business of the Village shall be permitted to serve as members of the Zoning Board of Appeals; provided, that no member of the Board shall vote on any matter coming before said Board in which the member has a direct or indirect pecuniary interest.

(Ord. 93-2-3D, 2-3-1993)

   A.   The Zoning Board of Appeals shall, effective as of February 1, 2021, consist of five (5) members appointed by the Village President, by and with the approval of the Village Board of Trustees.

   B.   The Village President shall appointment two (2) members of the Zoning Board of Appeals to serve for terms which shall expire on December 31, 2023 and three (3) members of the Zoning Board of Appeals to serve for terms which shall expire on December 31, 2021. Thereafter, all members of the Zoning Board of Appeals shall be appointed for a term of four (4) years, commencing as of January 1, subject to earlier removal of the appointing authority.

   C.   The term of a member appointed on or after February 1, 2021 shall continue beyond the expiration of their appointed term until a replacement has been appointed and has qualified.

   D.   The terms of office of all members of the Zoning Board of Appeals serving prior to February 1, 2021 shall end on January 31, 2021.

(Ord. 93-2-3D, 2-3-1993; amd. Ord. 2014-2-12G, 2-12-2014; Ord. 2021-2-8H, 2-8-2021)

   A.   The Village President shall have the power to remove any member of the Zoning Board of Appeals.

   B.   If any vacancies occur on the Zoning Board of Appeals prior to the expiration of the term of a member, the vacancy shall be filled for the unexpired term of the member whose place has become vacant through an appointment by the Village President, by and with the approval of the Village Board of Trustees.

(Ord. 93-2-3D, 2-3-1993)

   A.   Chair:

      1.   One of the members of the Zoning Board of Appeals shall be appointed by the Village President as Chair of the Board. The person appointed as Chair shall continue to serve as Chair until his successor is appointed and has qualified.

      2.   The Chair of the Board, or in his absence, the Acting Chair, may administer oaths and compel the attendance of witnesses.

   B.   Meetings And Hearings:

      1.   All meetings of the Board of Appeals shall be held at the call of the Chair and at such times as the Board may determine.

      2.   All hearings conducted by the Board shall be open to the public.

      3.   a. If any person appointed to be a member of the Village Zoning Board of Appeals fails to attend meetings of the Board on three (3) consecutive occasions, he shall be considered to have resigned his office as a member of the Board, unless the person received the prior approval and consent of the Village President to miss one or more of the meetings.

         b.   In the event a person appointed to be a member of the Zoning Board of Appeals is considered to have resigned pursuant to subsection B3a of this section, a vacancy shall be created in the office to which such person was appointed and the Village President, subject to the approval of the Corporate Authorities of the Village, may appoint another person to fill such vacancy.

   C.   Minutes: The Zoning Board of Appeals shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and also keep records of its hearings and other official actions.

   D.   Secretary: The Village shall hire and designate a non-voting Secretary for the Zoning Board. The Secretary shall take and prepare minutes for all proceedings of the Zoning Board and keep a full and detailed record of the Zoning Board's proceedings. Every order, action, requirement, decision and determination of the Zoning Board shall be filed in the office of the Board.

   E.   Rules Of Procedure: The Board shall adopt its own rules of procedure not in conflict with this title or with the Illinois Statutes in such case made and provided.

(Ord. 85-7-3G, 7-3-1985; amd. Ord. 93-2-3D, 2-3-1993; Revised Zoning Ord., 8-15-1993; Ord. 2014-2-12G, 2-12-2014; Ord. 2021-2-8H, 2-8-2021)

   A.   Right To Appeal; Notice: An appeal may be taken to the Board of Appeals by any person, firm, or corporation, or by an officer, department, Board or bureau affected by a decision of the Director of Building and Code Enforcement, or his/her designee. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Director, or designee, and with the Board of Appeals a notice of appeal, specifying the grounds thereof. The Director or his/her designee, shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

   B.   Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Director of Building and Code Enforcement or his/her designee, certifies to the Board of Appeals, after the notice of appeal has been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to the life or property, in which case, the proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by the Board of Appeals or by a court of record on application, on notice to the Director or his/her designee, and on due cause shown.

   C.   Hearing: The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without reasonable delay. Any person may appear and testify at the hearing in person or by duly authorized agent or attorney.

(Revised Zoning Ord., 8-15-1993)

   D.   Fee: A fee as set forth in the Village Fee Schedule, subsection 3-10-1I of this Code, shall be paid to the secretary of the Board of Appeals at the time the notice of appeal is filed, which the secretary shall forthwith pay over to the Finance Director to the credit of the General Revenue Fund of the Village.

(Revised Zoning Ord., 8-15-1993; amd. 2019 Code)

   A.   The Board of Appeals shall have the following powers, and it shall be its duty:

      1.   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Director of Building and Code Enforcement or his/her designee, in the enforcement of this title, or to hear and decide any of the appeals provided in this section.

      2.   In hearing and deciding appeals, the Board shall have the power to:

         a.   Permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership at the effective date hereof.

         b.   Interpret the provisions of this title in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts, accompanying and made a part of this title, where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.

         c.   Permit the erection and use of a building or the use of premises for railroad or public utility purposes.

         d.   Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of nature, or public enemy, to the extent of more than sixty percent (60%) of its assessed value, were the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.

         e.   Extend the period within which a nonconforming commercial or industrial use is to be removed from a dwelling district and a nonconforming industrial building from any business or commercial district when the owner or owners can furnish substantial proof that the building was so extensively remodeled, re-constructed, or structurally altered after the original construction that it practically resulted in a new building, but such extension of the period shall not exceed forty (40) years form the date of such remodeling, reconstruction, or structural alteration.

         f.   Waive the parking requirements herein established whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or convenience.

         h.   Permit a variation in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variation will not seriously affect any adjoining property or the general welfare.

         i.   Permit a limited increase in the number of employees permitted in processing activities in the Commercial, Service and Light Industrial or Industrial District, but only when such increase will not adversely affect the commercial character of the establishment, will not be detrimental to or adversely affect the character of the surrounding residential development or will not seriously increase traffic or parking congestion on adjoining streets.

      3.   Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this title relating to the use, construction, or alteration of buildings or structures or the use of land will impose unusual and practical difficulties or particular hardship, such variations of the strict application of the terms of this title as are in harmony with its general purposes and intent, but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the Comprehensive Plan as established by this title, and at the same time the surrounding property will be properly protected.

   B.   In consideration of all appeals and all proposed variations to this title, the Zoning Board shall, before making any variation from this title in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, moral or general welfare of the inhabitants of the Village. The concurring vote of three (3) members of the Zoning Board shall be necessary to reverse any order, requirement, decision or determination of the Director of Building and Code Enforcement or his/her designee, or to decide in favor of the applicant, or to make a recommendation to the Village Board of Trustees in any matter upon which it is authorized by this title to render a decision.

   C.   Nothing herein contained shall be construed to give or grant the Board the power or authority to alter or change the zoning ordinance or the district map, such power and authority being reserved to the Village President and the Board of Trustees in the manner provided in section 12-3-4 of this chapter.

   D.   In exercising the above powers, the Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the Director of Building and Code Enforcement from whom the appeal is taken.

   E.   The Board shall make no recommendation except in a specific case and after a public hearing conducted by the Board. A notice of the time and place of the public hearing shall be published in a paper of general circulation in the Village at least fifteen (15) days previous to the hearing. Such notice shall contain the address or location of the property for which the variation or other rule of the Board is sought, as well as a brief description of the nature of the appeal.

   F.   No order of the Board permitting the erection or alteration of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the term of the permit.

   G.   No order of the Board permitting a use of a building or premises shall be valid for a period longer than one year unless the use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, the order shall continue in force and effect if a building permit for the erection or alteration is obtained within such period, and the erection or alteration is started and proceeds to completion in accordance with the terms of the permit.

(Revised Zoning Ord., 8-15-1993; amd. Ord. 2021-2-8H, 2-8-2021)

The Village President and Board of Trustees may, by a special use permit, after a public hearing is held by the Zoning Board of Appeals and advertised as provided in article A of this chapter and subject to such protective restrictions that are deemed necessary, authorize the location or extension of any of the following uses:

Any use not otherwise allowed as a permitted or special use under the district regulations for the A, C, D, DD, E, F and G zoning districts may be allowed as a special use; provided, that such use is similar to the types of uses allowed as permitted uses in the zoning district where it is to be located; and provided, that the outward appearance of the building in which the use is to be located is similar to the outward appearance of the buildings in the area.

Areas for the dumping or disposal of trash, garbage or other forms of waste.

Commercial, amusement or recreational development for temporary or seasonal periods.

Greenhouses, provided any such structure shall not be less than one hundred feet (100') from all property lines.

Privately operated commercial parking lots on land not more than three hundred feet (300') from the boundary of any commercial, business or industrial district, under such conditions as will protect the character of surrounding property.

Privately operated nursery schools or preschools, kindergartens and childcare facilities which are not used by children of a single employer.

Radio towers and radio broadcasting stations.

Removal or deposit of gravel, topsoil, or similar materials.

(Revised Zoning Ord., 8-15-1993)

An applicant for a special use permit must present evidence to establish that:

   A.   The proposed use at the particular location in question is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community;

   B.   The proposed use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare;

   C.   The proposed use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations;

   D.   The proposed use and any structures and improvements to be constructed in conjunction with the use will be completed and maintained in a timely manner, if authorized; and

   E.   The proposed use and any structures and improvements to be constructed in conjunction with the use will comply with all other applicable statutes, ordinances, rules and regulations.

(Revised Zoning Ord., 8-15-1993)

   A.   Before issuance of a special use permit for any of the uses enumerated in section 12-3B-1 of this article, the Zoning Board of Appeals shall report to the Village President and Board of Trustees regarding the public hearing thereon and also upon the effect of such proposed building or use upon the character of the neighborhood, and upon traffic conditions, public utility facilities, and other matters pertaining to the public health, public safety or general welfare.

   B.   No action shall be taken upon any application for a special use until and unless the report of the Zoning Board of Appeals has been made. Such report shall be made within sixty (60) days after the hearing has been held on the special use permit application by the Zoning Board of Appeals. If the Zoning Board of Appeals recommends against the issuance of this special use permit, then the special use permit may be issued only by an affirmative vote of five (5) of the Trustees of the Village.

(Revised Zoning Ord., 8-15-1993)

There shall be no more than two (2) adult use dispensing organization licensees located within the corporate limits of the Village. The retail sale of cannabis by an adult use dispensing organization licensee shall only be allowed as a special use in the following locations:

   A.   Within PIN 09-30-201-048-0000, but only within the tenant space known as 10441 W Touhy (Zoning District: D Commercial);

   B.   Within PIN 12-09-202-056-0000, but only within that portion of said PIN which is located east of the existing Metra Parking lot (Zoning District G Government and Institutional); and

   C.   Within the Village’s Entertainment District, which is defined as the Village-owned property (or property purchased from the Village after June 10, 2020) which is located within the plat of the Rosemont Entertainment District Subdivision recorded on May 2, 2007 as document No. 0712215139 in the office of the Cook County Recorder of Deeds (Zoning District D Commercial).

(Ord. 2020-6-10F, 6-10-2020; amd. Ord. 2020-8-12G, 8-12-2020)

In addition to satisfying all general requirements of this article for a special use, an adult use dispensing organization licensee seeking a special use located within the corporate boundaries of the Village must also demonstrate its compliance with, and at times comply with all of the following:

   A.   The location must not be within one thousand five hundred (1,500) feet of any pre-existing location of any other “adult use dispensing organization licensee” as required by the Cannabis Regulation and Tax Act (the “Act”).

   B.   At least seventy-five percent (75%) of the entire tenant or building space used by the adult use dispensing organization licensee shall be devoted to the business of the licensee as authorized by the Cannabis Regulation and Tax Act, 410 1LCS 705/1 et seq., as amended from time to time and the administrative rule and regulations promulgated in furtherance of the Cannabis Regulation and Tax Act. The cannabis products sold may not be cultivated, processed, or manufactured within the location.

   C.   A licensee shall not allow anyone into the premises who is not at least twenty one (21) years of age. No person under twenty one (21) years of age shall be employed by the licensee.

   D.   Smoking, use or ingestion of cannabis in any form shall not be permitted on the premises. A sign of at least eight and one half inches (8-1/2") by eleven inches (11") shall be posted in at least two (2) conspicuous places inside the facility visible to customers which states: “Use or Consumption of Cannabis on this properly is strictly forbidden.”

   E.   Food shall not be sold for consumption on the premises.

   F.   All product storage, display, and sales must be conducted within an enclosed building. Sales must be conducted, in person on the premises. Drive through facilities are prohibited. No products can be delivered. Dispensing products through vending machines is not allowed.

   G.   The location must at all times be operated in compliance with the Cannabis Regulation and Tax Act, as amended from time to time and the administrative rules and regulations promulgated in furtherance of the Act.

   H.   The hours of operation shall not exceed those set forth in the Act which are six o'clock (6:00) A.M. to ten o'clock (10:00) P.M.

   I.   No products sold shall be visible from the exterior of the location.

   J.   The facility shall not be operated when less than two (2) employees are present.

   K.   The odor of cannabis or of any cannabis infused products shall not be detectable on the exterior of the facility.

   L.   The sale of live plant material shall not be allowed.

   M.   Compliance with all the requirements of the zoning district in which the facility is located, including compliance with all parking requirements.

   N.   No portion of the exterior of the location shall contain any spot lights, flashing lights, search lights, or any similar lighting system.

   O.   Signage shall comply with the Village’s sign ordinance.

   P.   All signage and advertising shall comply with the requirements of 410 ILCS 705/55-20. Prohibited advertising shall include but not necessarily be limited to advertising which:

      1.   Is false or misleading;

      2.   Promotes over consumption of cannabis or cannabis products;

      3.   Depicts the actual consumption of cannabis or cannabis products;

      4.   Depicts any person under twenty one (21) years of age consuming cannabis;

      5.   Makes any health, medicinal or therapeutic claims about cannabis or any cannabis product;

      6.   Includes the image of a cannabis leaf or bud; or

      7.   Includes any image designed to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that is designed in any manner to be appealing to or encourage consumption by persons under twenty one (21) years of age.

   Q.   No licensee shall place, maintain or cause to be placed or maintained, an advertisement of cannabis or a cannabis product in any form or through any medium:

      1.   Within one thousand (1,000) feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or a public library, or a game arcade to which admission is not restricted to persons twenty one (21) years of age or older;

      2.   On or in a public transit vehicle or public transit shelter; or

      3.   On or in publically owned or publically operated property.

   R.   Compliance with an operation plan that includes the following:

      1.   A customer sales area located behind a locked door into which customers must be buzzed into only after their identification is checked and it is determined the customer is at least twenty one (21) years of age. The age of the purchaser shall be verified by a government issued identification card and the use of an electronic reader or electronic scanning device;

      2.   Monitoring by video surveillance of the customer entrance area, parking area, sales area, back rooms, storage areas, delivery and loading bay areas and any other exterior doors. The video surveillance must be capable of being reviewed live by agents and employees of the licensee and must be continually recorded in a tamper proof format. The recordings must be maintained for a period of at least thirty (30) days. The licensee shall make the recordings available to the Village’s Superintendent of Public Safety or his designee upon request for the purpose of conducting criminal investigations and to ensure compliance with the location’s operational plan, the Act, as well as all related regulations. Operation of the facility is prohibited if the video surveillance equipment is not operable. All areas viewed by video surveillance must be sufficiently illuminated;

      3.   The posting and maintenance of a sign in a prominent location which states the following: “This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility or its patrons;”

      4.   Burglar and panic alarms with a direct connection to the Village’s 911 provider;

      5.   A method to prevent long lines at the location and congestion during peak demand periods by the utilization of texting, an appointment system and/or mobile applications to notify customers when they may enter the facility;

      6.   Information required by the State for each sale must be entered into the State’s cannabis electronic verification system. Each item of cannabis, cannabis concentrate, or cannabis infused product must be separately identified by quantity and price on the receipt. Operation of the facility is prohibited if: point of sale equipment is inoperative; or if the State’s cannabis electronic verification system is inoperative; and

      7.   The method for the disposal of any cannabis products that are not sold that adheres to State law and regulations.

(Ord. 2020-6-10F, 6-10-2020)

An application for a special use under this article shall include all of the following information:

   A.   A site plan showing the location of all buildings, building entrances, parking areas and spaces, public and private sidewalks, adjacent streets and surrounding property uses;

   B.   Building elevations;

   C.   Lighting plan;

   D.   Signage plan;

   E.   An operational plan meeting the requirements of section 12-3B-5;

   F.   An interior floor plan showing the sales area, the purchase area, storage area, delivery area, and the area where identification is checked to determine the customer’s age; and

   G.   Any other documentation necessary to show compliance with any of the requirements of section 12-3B-5.

(Ord. 2020-6-10F, 6-10-2020)

   A.   A temporary use permit shall be required prior to the establishment of any temporary use authorized under this article.

   B.   Temporary uses are permitted when authorized by a temporary use permit issued by the Director of Building and Code Enforcement or his/her designee.

   C.   Compliance with the standards of this title and with the requirements of the temporary use permit shall be a prerequisite for the continued validity of all temporary use permits.

(Ord. 2015-5-20K, 5-20-2015)

   A.   Application for a temporary use permit shall be made by the person seeking temporary use authority to the Director of Building and Code Enforcement or his/her designee. The Director or his/her designee, in order to determine whether or not the applicant will meet the standards set forth in this title, may require the applicant to submit any or all of the following information:

      1.   A survey of the property to be leased, rented or used for the temporary use.

      2.   The lease, license or other legal authorization under which applicant will be permitted to use the property for the temporary use.

      3.   Any other evidence required by the Director or his/her designee, so that the proposed temporary use will comply with this title.

   B.   An application for a temporary use permit shall be accompanied by a one hundred dollar ($100.00) application fee.

(Ord. 2015-5-20K, 5-20-2015)

 

A temporary use permit shall be valid for the period of time stated in the permit, but in no event longer than twelve (12) months. A temporary building use permit may be reissued upon application to, and approval by, Director of Building and Code Enforcement or his/her designee.

(Ord. 2015-5-20K, 5-20-2015)

The following uses may be authorized by a temporary use permit:

Carnivals, circuses and other outdoor entertainment events, performances or activities available for public admission.

Motor vehicle parking or storage in a parking structure, or on a hard surfaced parking lot of not less than ten thousand (10,000) square feet in area, in the D Commercial District or the E Service and Light Industrial District, during times that the parking spaces to be utilized are not required for purposes of meeting the motor vehicle parking requirements of the principal use served by such parking spaces, and provided further, that any temporary use of such parking spaces are not contractually committed by lease, easement or other agreement for the provision of motor vehicle parking facilities, spaces or capacity for another use, property or building.

Valet guest parking provided in a parking structure or on a hard surfaced parking lot of not less than ten thousand (10,000) square feet in area in the D Commercial District or the E Service and Light Industrial District, other than a parking structure or parking lot: a) on which the principal host business is located; or b) which the principal host business has a contractual right to use. For purposes of this article, “valet guest parking” shall not include overnight vehicle parking, vehicle storage, or long term parking.

(Ord. 2015-5-20K, 5-20-2015)

As part of a temporary use permit, the Director of Building and Code Enforcement or his/her designee, may impose additional restrictions and conditions on the location and operation of the temporary use as may be deemed necessary or appropriate by the Director for the protection of the public health, safety and welfare.

(Ord. 2015-5-20K, 5-20-2015)

Any person violating any of the provisions of this article or of a temporary use permit issued pursuant to this article shall be subject to revocation of the temporary use permit and a fine of not less than two hundred dollars ($200.00) nor more than two thousand dollars ($2,000.00) for each offense. A separate offense shall be deemed committed on each day that an offense is committed or continues.

(Ord. 2015-5-20K, 5-20-2015)