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Waukesha City Zoning Code

22.64 Temporary

Uses

  1. Temporary use permits may be issued by the Planning Department for the uses enumerated herein. The Planning Department may, in its discretion, refer any temporary use application to the Plan Commission for its review and determination. Applications and the filing thereof shall be in the same manner as applications for conditional use permits. The Planning Department in the granting of the initial permit may designate that the temporary use permit be granted on an annual basis for a specified period of time set forth therein as long as the temporary use conforms to the conditions of the initial permit and further provided that the use has not changed or is expanded in subsequent years.
  2. The following temporary uses may be permitted as specified:
    1. Flea Markets, Carnivals, Circus and Animal Shows. Flea markets, carnivals, circus and animal shows and other similar events may be permitted in a B-1, B-2, B-3, B-5, or any manufacturing district for a period not to exceed ten (10) days. Special requirements may be imposed for parking, sanitary facilities, lighting, and hours of operation. The display of dangerous animals may be limited and restricted. No temporary use listed herein shall be conducted within the street right-of-way. Temporary uses permitted under this section may erect one temporary sign not to exceed fifty (50) square feet in area on one side and one hundred (100) square feet in area on all sides. All buildings, tents, equipment, supplies, and debris shall be removed from the site within ten (10) days following the temporary activity.
    2. Christmas Tree Sales. Christmas tree sales may be permitted in a B-1, B-2, B-3, B-5, or any manufacturing district for a period not to exceed forty-five (45) days. Special requirements may be imposed for parking, sanitary facilities, lighting, and hours of operation. No temporary use listed herein shall be conducted within the street right-of-way. Temporary uses permitted under this section may erect one (1) temporary sign not to exceed fifty (50) square feet in area on one side and one hundred (100) square feet in area on all sides. All buildings, tents, equipment, supplies, and debris shall be removed from the site within ten (10) days following the temporary activity.
    3. Farmers Markets. Farmers markets may be permitted in a B-1, B-2, B-3, B-5 or any manufacturing district for a period not to exceed 120 days. Special requirements may be imposed for parking, sanitary facilities, lighting, and hours of operation. No temporary use listed herein shall be conducted within the street right-of-way. Temporary uses permitted under this section may erect one temporary sign not to exceed fifty (50) square feet in area on one side and one hundred (100) square feet in area on all sides. All buildings, tents, equipment, supplies, and debris shall be removed from the site within ten (10) days following the temporary activity.
    4. (Cr. #15-14) Portable Storage Structures, Temporary Storage Structures, Temporary Tents, and Membrane Structures. A temporary or portable storage structure is any container, storage unit, shed-like container, portable car port, membrane structure, or other portable structure, other than an accessory building or shed complying with all building codes and land use requirements that can be or is used for the disposal or storage of personal property of any kind and which is located for such purposes outside an enclosed building. The use of portable and temporary storage structures, temporary tents and membrane structures is allowed under the following conditions:
      1. There shall be no more than one (1) portable or temporary structure per property.
      2. The portable or temporary structure shall be no larger than 200 square feet and twelve (12) feet high.
      3. The portable or temporary structure shall not remain on any property in excess of thirty (30) days per calendar year with the exception of structures used in conjunction with construction or remodeling in which case the portable storage or temporary structure shall be removed within fourteen (14) days of the end of construction or 180 days from the issuance of building permits for the associated project, whichever is less. Extensions may be granted by the Inspection Department if it is determined the project is progressing towards completion.
      4. These structures shall comply with the International Fire Code.
    5. Temporary Trailers. (Am. #38-02) (Ren. #15-14) Temporary trailers or modular structures such as a temporary classroom or office building may be permitted in any business, manufacturing, or institutional district during the planning and construction of a permanent structure. A temporary trailer permit may be issued for a period of up to one year. In authorizing the temporary use permit it may be required that the trailer be oriented in a manner that is compatible with adjacent land uses; may require berms and/or landscaping to buffer the temporary use from adjacent uses; and may limit signage or lighting on the site. Construction trailers used during the erection of a permanent building do not require the issuance of a conditional use permit.
    6. (Cr. #15-14) Other Temporary Uses Not Listed. Because it is difficult to enumerate all of the temporary uses that may occur in the City, the Planning Department may authorize a temporary use for up to fourteen (14) days for any use determined to be similar to the other temporary, permitted or conditional uses in a given district and will not be disruptive to the neighborhood and will not create a traffic hazard in a neighborhood may be permitted. Staff may impose additional operational or construction conditions on a temporary bases when it is deemed necessary. Any unlisted temporary use in excess of fourteen (14) days will require the approval of Plan Commission.

(Rep. & recr. #66-01)