11.- PERMITTED TEMPORARY USES AND STRUCTURES
The temporary uses listed in this section shall be permitted in any zone, except as otherwise provided in this section.
a.
Model homes and their garages within a recorded tract may be used as offices solely for the first sale of homes within a recorded tract on the following conditions:
1.
A temporary certificate of use and occupancy shall first be obtained from the Building Official for the use of model homes and their garages for offices solely for such first sales;
2.
The use shall be discontinued at the end of one year from the date of issuance of the certificate of use and occupancy;
3.
The Building Official may for good cause, after receipt of a certified report from the developer on the number of dwellings sold, extend the time limit for not to exceed two (2) successive periods of six (6) months each.
b.
A temporary office not exceeding four hundred (400) square feet in area may be established within a recorded tract and used solely for the first sale of lots within the same recorded tract; on the following conditions:
1.
A temporary certificate of use and occupancy shall first be obtained from the Building Department for the use of the structure for an office solely for such first sales;
2.
The use shall be discontinued and such office removed from the premises at the end of one year from the date of issuance of the certificate of use and occupancy;
3.
The Building Official may for good cause, after receipt of a certified report from the subdivider on the number of lots sold, extend the time limit for not to exceed two (2) successive periods of six (6) months each.
c.
Signs in connection with the uses permitted in paragraphs a. and b. above, shall be permitted within a recorded tract on the following conditions:
1.
The sign copy shall be limited to matters relating to the recorded tract within which the signs are located;
2.
Such signs shall have a time limit of existence concurrent with the use of the permitted temporary offices within the recorded tract.
In any zone the temporary use of a mobilehome residence or mobile construction office shall be permitted during the construction of a main building upon the following conditions:
a.
That such temporary use shall be on the same site and concurrent with the construction of a main building;
b.
That a sewage disposal system meeting the requirements of the Building Official be installed;
c.
That such use shall be permitted for a period of time not to exceed one (1) year, or until the issuance of a certificate of use and occupancy for the main building, whichever occurs first. Before the issuance of a certificate of use and occupancy the Building Official, for good cause, may extend the time limit twice. Any extension may be for a period not to exceed six (6) months;
d.
That guarantees necessary to ensure the discontinuance in use or removal of any such mobilehome or mobile construction office shall be provided by the landowner. The nature and extent of such guarantees are to be determined by the Building Official.
The use of an existing, lawfully established building may continue during the construction or relocation of another building on the same building site if the Building Official finds that:
a.
The continued use of the existing building does not constitute a hazard to the health, safety or welfare of any individual or of the general public; and
b.
Prior to occupancy of a new building, the existing building will be brought into conformity with any additional regulation rendered applicable by the placement of any new building on the site. Conformity will be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof.
The Building Official may require the landowner to provide a guarantee to ensure full compliance with the zoning chapter upon completion of the new building or sooner if, in the Building Official's opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued.
The purposes of this section are to control the nature and frequency of yard sales, garage sales and boutique sales in residential zones in order to maintain the noncommercial character of such areas and to prevent excessive traffic congestion and noise in such areas.
(Ord. #88-378, § 3)
Section 1 of Ord. #88-378 repealed former subsection 23-11.4, regulating temporary uses of a fireworks sales facility; and § 3 added a new subsection.
In any residential zone, on any one lot, a yard sale, garage sale or boutique sale may be conducted on not more than three (3) consecutive days in any six-month period. Sales shall be conducted only between the hours of 9:00 a.m. and 6:00 p.m.
(Ord. #88-378, § 4)
Section 1 of Ord. #88-378 repealed former subsection 23-11.5, relating to limitation on fireworks stands; and § 2 added a new subsection 23-11.5.
In any district, one (1) real estate sign shall be permitted on any building site, unlighted and unilluminated, and not to exceed six (6) square feet in area.
A temporary Christmas tree sales facility shall be permitted in the CN Zone and in commercial areas of the PC Zone subject to the following requirements:
1.
The subject facility shall not be established more than fourteen (14) days prior to the particular Christmas holiday involved.
2.
The proposed location shall be submitted to and approved by the Building Official prior to establishment of the facility.
3.
The applicant shall secure an electrical permit from the Building Official if the facility is to be energized.
4.
The facility shall be removed and the premises upon which it was located shall be cleared of all debris and restored to the condition they were in prior to the establishment of the facility, within fourteen (14) days after the particular Christmas holiday involved.
In any zone the temporary use of a self-contained portable restroom shall be required upon the following conditions:
a.
The temporary use of self-contained portable toilets for construction, rehabilitation projects, special events, interruption of sewer service for emergencies or planned upgrades/repairs, and at sites or facilities that are not permanently inhabited and do not have installed working toilet facilities.
b.
The self-contained portable toilets must be in good working condition without any broken surfaces or leaks. Doors must be in good working condition and must be able to be securely latched while in use. The toilet(s) must be monitored and/or permanently secured or serviced by a licensed disposal contractor.
c.
Toilet(s) shall be located on the site so as to be free from obstruction from, nor present an obstruction to, existing structures or driveways. The toilet(s) shall be located in such a manner as to not be potentially impacted by site conditions such as slopes, ditches, or prevailing winds. Toilet(s) located in residential zones shall be located at a minimum of thirty (30) feet behind a fence to provide the maximum practical screening from roads and adjacent properties as the site allows.
d.
It is the property owner/event operator's responsibility to ensure that toilet(s) are not used in a dangerous or inappropriate manner, especially by children. This may be accomplished by monitoring or securing the toilet(s) during periods of inactivity, such as nighttime and weekend hours, or by other effective means as appropriate.
e.
Any self-contained portable toilet currently either located on a site or in a manner which is in violation of the provisions of this chapter shall be relocated or removed immediately.
f.
Violation of this chapter shall be declared to constitute a public nuisance and shall be processed in accordance with the applicable sections of Chapter VI, Section 6-1.7 of the Villa Park Municipal Code (VPMC), including the summary abatement procedures of VPMC Section 6-1.11.
(Ord. #2020-620, § 1)
11.- PERMITTED TEMPORARY USES AND STRUCTURES
The temporary uses listed in this section shall be permitted in any zone, except as otherwise provided in this section.
a.
Model homes and their garages within a recorded tract may be used as offices solely for the first sale of homes within a recorded tract on the following conditions:
1.
A temporary certificate of use and occupancy shall first be obtained from the Building Official for the use of model homes and their garages for offices solely for such first sales;
2.
The use shall be discontinued at the end of one year from the date of issuance of the certificate of use and occupancy;
3.
The Building Official may for good cause, after receipt of a certified report from the developer on the number of dwellings sold, extend the time limit for not to exceed two (2) successive periods of six (6) months each.
b.
A temporary office not exceeding four hundred (400) square feet in area may be established within a recorded tract and used solely for the first sale of lots within the same recorded tract; on the following conditions:
1.
A temporary certificate of use and occupancy shall first be obtained from the Building Department for the use of the structure for an office solely for such first sales;
2.
The use shall be discontinued and such office removed from the premises at the end of one year from the date of issuance of the certificate of use and occupancy;
3.
The Building Official may for good cause, after receipt of a certified report from the subdivider on the number of lots sold, extend the time limit for not to exceed two (2) successive periods of six (6) months each.
c.
Signs in connection with the uses permitted in paragraphs a. and b. above, shall be permitted within a recorded tract on the following conditions:
1.
The sign copy shall be limited to matters relating to the recorded tract within which the signs are located;
2.
Such signs shall have a time limit of existence concurrent with the use of the permitted temporary offices within the recorded tract.
In any zone the temporary use of a mobilehome residence or mobile construction office shall be permitted during the construction of a main building upon the following conditions:
a.
That such temporary use shall be on the same site and concurrent with the construction of a main building;
b.
That a sewage disposal system meeting the requirements of the Building Official be installed;
c.
That such use shall be permitted for a period of time not to exceed one (1) year, or until the issuance of a certificate of use and occupancy for the main building, whichever occurs first. Before the issuance of a certificate of use and occupancy the Building Official, for good cause, may extend the time limit twice. Any extension may be for a period not to exceed six (6) months;
d.
That guarantees necessary to ensure the discontinuance in use or removal of any such mobilehome or mobile construction office shall be provided by the landowner. The nature and extent of such guarantees are to be determined by the Building Official.
The use of an existing, lawfully established building may continue during the construction or relocation of another building on the same building site if the Building Official finds that:
a.
The continued use of the existing building does not constitute a hazard to the health, safety or welfare of any individual or of the general public; and
b.
Prior to occupancy of a new building, the existing building will be brought into conformity with any additional regulation rendered applicable by the placement of any new building on the site. Conformity will be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof.
The Building Official may require the landowner to provide a guarantee to ensure full compliance with the zoning chapter upon completion of the new building or sooner if, in the Building Official's opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued.
The purposes of this section are to control the nature and frequency of yard sales, garage sales and boutique sales in residential zones in order to maintain the noncommercial character of such areas and to prevent excessive traffic congestion and noise in such areas.
(Ord. #88-378, § 3)
Section 1 of Ord. #88-378 repealed former subsection 23-11.4, regulating temporary uses of a fireworks sales facility; and § 3 added a new subsection.
In any residential zone, on any one lot, a yard sale, garage sale or boutique sale may be conducted on not more than three (3) consecutive days in any six-month period. Sales shall be conducted only between the hours of 9:00 a.m. and 6:00 p.m.
(Ord. #88-378, § 4)
Section 1 of Ord. #88-378 repealed former subsection 23-11.5, relating to limitation on fireworks stands; and § 2 added a new subsection 23-11.5.
In any district, one (1) real estate sign shall be permitted on any building site, unlighted and unilluminated, and not to exceed six (6) square feet in area.
A temporary Christmas tree sales facility shall be permitted in the CN Zone and in commercial areas of the PC Zone subject to the following requirements:
1.
The subject facility shall not be established more than fourteen (14) days prior to the particular Christmas holiday involved.
2.
The proposed location shall be submitted to and approved by the Building Official prior to establishment of the facility.
3.
The applicant shall secure an electrical permit from the Building Official if the facility is to be energized.
4.
The facility shall be removed and the premises upon which it was located shall be cleared of all debris and restored to the condition they were in prior to the establishment of the facility, within fourteen (14) days after the particular Christmas holiday involved.
In any zone the temporary use of a self-contained portable restroom shall be required upon the following conditions:
a.
The temporary use of self-contained portable toilets for construction, rehabilitation projects, special events, interruption of sewer service for emergencies or planned upgrades/repairs, and at sites or facilities that are not permanently inhabited and do not have installed working toilet facilities.
b.
The self-contained portable toilets must be in good working condition without any broken surfaces or leaks. Doors must be in good working condition and must be able to be securely latched while in use. The toilet(s) must be monitored and/or permanently secured or serviced by a licensed disposal contractor.
c.
Toilet(s) shall be located on the site so as to be free from obstruction from, nor present an obstruction to, existing structures or driveways. The toilet(s) shall be located in such a manner as to not be potentially impacted by site conditions such as slopes, ditches, or prevailing winds. Toilet(s) located in residential zones shall be located at a minimum of thirty (30) feet behind a fence to provide the maximum practical screening from roads and adjacent properties as the site allows.
d.
It is the property owner/event operator's responsibility to ensure that toilet(s) are not used in a dangerous or inappropriate manner, especially by children. This may be accomplished by monitoring or securing the toilet(s) during periods of inactivity, such as nighttime and weekend hours, or by other effective means as appropriate.
e.
Any self-contained portable toilet currently either located on a site or in a manner which is in violation of the provisions of this chapter shall be relocated or removed immediately.
f.
Violation of this chapter shall be declared to constitute a public nuisance and shall be processed in accordance with the applicable sections of Chapter VI, Section 6-1.7 of the Villa Park Municipal Code (VPMC), including the summary abatement procedures of VPMC Section 6-1.11.
(Ord. #2020-620, § 1)