§ 38-399. Temporary structures and uses.
(a)
Conditions applicable to all temporary structures, uses, and displays: Unless otherwise noted, the following conditions shall apply to all temporary structures, uses, and displays.
(1)
All such uses and structures must first be reviewed and approved by the building official.
(2)
The use of any space or structure must be one (1) permitted as-of-right within the applicable zoning district.
(3)
Adequate off-street parking, site ingress/egress, and adequate clear vision areas shall be provided.
(4)
The applicant shall specify the exact duration of the temporary use, and no permit for any temporary use, structure, or display shall be valid for more than one (1) calendar year.
(5)
Approval of other applicable government agencies is required to ensure compliance with applicable health and safety regulations and standards.
(6)
The use must be carried out so as to meet all zoning and general ordinance provisions and shall not create or result in any nuisance factors.
(7)
Temporary structures shall comply with the setback standards for the district in which they are located.
(8)
The building official or his/her designee shall approve any and all plumbing, electrical, and mechanical connections to any temporary structure.
(9)
The building official or zoning administrator may require the applicant to furnish the city with a performance bond in accordance with section 29-48 to ensure removal of the temporary structure, use or display.
(b)
Temporary structures used for residential purposes: A building or structure may be approved for temporary residential use only while damage to the principal dwelling due to fire, flood, ice, wind, or other natural disaster is being repaired. Any such temporary building shall not be used as a residence without prior review and approval by the building official.
Also, a manufactured dwelling unit or other approved living quarters may be occupied as a residence on a temporary basis on sites for which a building permit has been issued for construction, major repair, or remodeling of a new dwelling unit, subject to the following:
(1)
An occupancy permit is issued by the building official for the temporary residence.
(2)
Such permits may be issued by the building official for up to six (6) months in duration and may be renewed for periods of up to six (6) months, provided that work is proceeding in an expeditious manner.
(3)
An approved temporary structure may be moved onto a site fourteen (14) days prior to commencement of construction and shall be removed within fourteen (14) days following issuance of a certificate of occupancy for the permanent dwelling.
(c)
Temporary structures used for nonresidential purposes: Temporary buildings for nonresidential use, including semi-trucks/trailers and concrete batch plants, shall be permitted only when the intended use is by a contractor or builder in conjunction with a construction project.
(1)
Such temporary structures shall be removed immediately upon completion of the construction project and prior to a request for a certificate of occupancy for the project.
(2)
Permits for the utilization of temporary structures shall be issued by the building official. The permit shall specify a date for the removal of the temporary structure. A certificate of occupancy shall be required for such structures.
(d)
Temporary uses in accessory structures: A temporary building or structure may be used as an accessory building or structure if it meets all accessory structure requirements of this Code.
(e)
Special purpose temporary uses: The following conditions apply to specific temporary uses:
(1)
Carnival, circus, festival, seasonal markets (public and/or private lands):
a.
City council approval required.
(2)
Sidewalk uses including display, sales, and other features:
a.
Time: Operating hours only. The business must be open and staffed.
b.
Location: In the B-3 zoning district only.
c.
Sidewalk coverage: An area no less than five (5) feet wide shall be maintained for passage of pedestrians at all times.
d.
Uses: For portable signs, display, sale, and/or service of onsite products and activities only, including retail goods and food service. No off-premises advertising, sales, or services are permitted (i.e. vendors are not permitted).
e.
Exceptions: Planters, bike racks, and decorative features may remain outside provided they adhere to all performance standards of the ordinance.
f.
Additional requirements: The approval of the building official and street administrator is required; owner must provide liability insurance for activities in the right-of-way.
(3)
Christmas tree sales:
a.
Maximum duration: Forty-five (45) days.
b.
Clean-up: Stumps, branches, and other debris shall be completely removed from site.
c.
Building official approval required.
(4)
Roadside produce or farm stands: Because roadside stands are seasonal in character and utilized on a temporary basis, roadside stands shall be allowed in business districts by the city for periods not to exceed six (6) months provided a temporary permit is obtained from the city and provided the following provisions are met:
a.
The sale of farm products in a roadside stand shall not take place within the dedicated right-of-way of any thoroughfare within the city, and assurances shall be made to the city that ample off-street parking has been provided, and adequate ingress and egress provided to the stand.
b.
No permanent structure of any type shall be erected, and upon discontinuance of the temporary use, the temporary structures shall be removed from the roadside.
(f)
Outdoor sales and display in conjunction with an existing business (private lands only):
(1)
Location: In the B-1, B-2, and B-4 zoning districts only; front or side yards only; use cannot occur in areas dedicated to parking, storm water detention/collection, or areas required for emergency use or clear vision.
(2)
Lot coverage: An area no more than three hundred (300) square feet shall be used as outdoor sales and display area.
(3)
Setbacks: Setbacks from the right-of-way and all lot lines must be a minimum of ten (10) feet or that setback require by article XVI, whichever is less.
(4)
Uses: For display, sale, and/or service of onsite products and activities only. No off-premises advertising, sales, or services are permitted (i.e. vendors and/or leased space are not permitted).
(5)
Additional requirements: Any loose debris, damaged products, unsecured materials, or products determined to be junk, waste, or scrap in nature shall be deemed a nuisance per se.
(Ord. No. 744, § 5, 8-19-13)