(a)

Permit application.

(1)

Any person, firm, or corporation desiring to obtain a temporary use permit, as required by this chapter, shall file a written application with the zoning administrator on a form provided by the village, together with any required application fee.

(2)

The zoning administrator shall grant temporary use permits for those uses listed in subsection (c) of this section, as long as he determines that the proposed use, including the erection of any temporary building or structure, complies with the requirements of this section and this chapter. Unless expressly provided in this section, every temporary use shall comply with the bulk requirements applicable in the district in which the temporary use is located.

(3)

Temporary uses not specifically listed here shall require the specific approval of the village board. Such uses may be allowed in any zoning district, provided that such temporary use is consistent with the purpose and intent of this chapter and the zoning district in which it is located.

(4)

Every temporary use shall comply with, and the zoning administrator or village board may impose, such other conditions, as part of the temporary use permit approval, as may reasonably be necessary to achieve the purposes of this chapter, and to protect the public health, safety and general welfare. No temporary use shall be permitted in any district if it would have a significant negative impact on any adjacent property or on the area as a whole.

(b)

General regulations. Every temporary use shall comply with all the following requirements:

(1)

No temporary use shall be permitted that causes, or threatens to cause, an on-site or off-site threat to the public health, safety and general welfare.

(2)

Every temporary use shall be operated in accordance with such restrictions and conditions as the fire department may require. If required by the village, the operator of the temporary use shall employ appropriate security personnel.

(3)

No temporary use shall be permitted if the additional vehicular traffic reasonably expected to be generated by such use would have undue detrimental effects on surrounding streets and uses.

(4)

No temporary use shall be authorized that would unreasonably reduce the amount of parking spaces available for use in connection with permanent uses located on the lot in question. The zoning administrator may make an assessment of the total number of parking spaces that will be reasonably required in connection with a proposed temporary use, on the basis of the particular use, its intensity and the availability of other parking facilities in the area. The building commissioner shall approve such temporary use only if such parking spaces are provided.

(5)

No temporary use shall be permitted if such use would conflict with another previously authorized temporary use.

(6)

Signs shall be permitted only in accordance with chapter 58, signs.

(c)

Permitted temporary uses.

(1)

Carnivals. Carnivals are allowed in any zoning district. Any such use shall be evaluated on the basis of the adequacy of the parcel size, parking provisions, traffic access and the absence of undue adverse impact, including noise, on other properties. Such use need not comply with the yard requirements and the maximum height requirements of this chapter. The concessionaire responsible for the operation of any such use shall:

a.

Submit, in advance of the event, a site layout displaying adequate ingress and egress routes for emergency vehicles with no dead-end aisles.

b.

Provide fire extinguishers of a type, and at site locations, approved by the fire department.

c.

Provide, and service, refuse containers in the number and locations required by the zoning administrator.

d.

Provide for thorough cleanup of the site at the completion of the event.

e.

Provide proof that all amusement devices have been state-inspected.

f.

Upon written notice from the village, immediately stop the use of any amusement device or structure found by the village to pose a threat to the public safety.

(2)

Christmas tree sales lot and pumpkin sales patch. Christmas tree sales and pumpkin sales patches are allowed in any nonresidential zoning district. Any such use shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed 45 days. Display of Christmas trees need not comply with the yard requirements of the district in which the lot is located.

(3)

Farmstands and farmers markets. Farmstands and farmers markets are allowed in any nonresidential district. No product may be exhibited or offered for sale except the following: fresh dairy goods, fruits, vegetables, juices, flowers, plants, herbs and spices produced or grown by the vendor and baked goods made by the vendors.

(4)

Houses, apartment, garage and yard sales. Such sales are allowed in any residential district, but only when limited to personal possessions of, or arts and crafts made by, the owner or occupant of the dwelling unit where the sale is being conducted. Such use shall be limited to a period not to exceed three consecutive days and no more than three such sales shall be conducted from the sale residence in any 12-month period.

(5)

Arts and crafts shows, and plant shows (indoor and outdoor). Such sales are allowed in any zoning district. Any such sale shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact on other properties. In residential districts, such sales shall be limited to a period not to exceed three days and no more than two such sales shall be permitted in any 12-month period.

(6)

Sidewalk sales. Sidewalk sales must be in conjunction with, and clearly incidental to, an existing permanent use on-site. Sidewalk sales are allowed in any nonresidential district, and are permitted to display and sell merchandise that is found in stores participating in the sidewalk sale only. No such sale shall be permitted for a period of more than five successive days with no more than two such sales in any 12-month period.

(7)

Temporary contractor trailers and real estate model units. Contractor trailers and real estate model units are allowed in any zoning district when accessory to a construction project or a new development, respectively. Such use shall be limited to a period not to exceed the duration of the active construction phase of such project or the active selling and leasing of space in such development, respectively. No such use shall contain any sleeping or cooking accommodations, except those located in a model unit used for demonstration purposes only. No such trailer, unit, or office shall be used as the general office or headquarters of any firm.

(8)

Temporary outdoor sales and display. Retail goods establishments are permitted temporary outdoor sales and display of merchandise, by either a storeowner or occupant, outside the store and within the same lot. Any lawfully existing commercial use shall be permitted to display and sell its merchandise outdoors under the following conditions:

a.

No display, sales or additional parking is permitted in any street right-of-way. In addition, no display, sales or additional parking shall obstruct pedestrian or vehicular traffic.

b.

All display and sales areas shall comply with the minimum required yard setbacks

c.

No more than ten percent of the required parking area for the existing commercial use may be used for the temporary outdoor sales and display, unless approved by the zoning administrator. The use of the parking area for such outdoor sales and display shall only be used on a temporary basis.

(9)

Temporary storage trailers and temporary storage containers.

a.

Temporary storage trailers and temporary storage containers shall not be used for permanent storage. They shall not serve as a substitute for permanent storage needs on the site on which they are located.

b.

Temporary storage trailers and temporary storage containers shall not be permanently attached to the ground, serviced with permanent utilities or stacked on the site.

c.

Temporary storage trailers are not permitted in residential districts. Temporary storage trailers shall only be permitted when they are located within a loading dock or bay or within the rear yard, or are in the process of being loaded or unloaded within an approved designated loading area.

d.

Temporary storage containers are permitted in any district. Such containers shall be permitted within the driveway or on the street for no longer than 24 hours. Temporary storage containers may not encroach into front, corner side or interior side yards, except on preexisting driveways or other paved surfaces. Temporary storage containers are permitted in rear yards for no longer than five days only if they are screened from view and are located five feet from any lot line. However, temporary storage containers shall not serve as a substitute for permanent storage needs on the site on which they are located.

(Ord. No. 08-50, § 2(exh. A((11.3)), 8-12-2008; Ord. No. 11-027, § 2, 8-23-2011)