Section 8.37
Temporary principal or accessory buildings, structures, uses and special events may be permitted, subject to the following conditions:
Temporary Construction, Buildings, and Structures/Offices 1) With the exception of moving/storage pods, temporary buildings and construction structures may only be used for the storage of construction materials, tools, supplies and equipment, for construction management and
supervision offices, and for temporary on- site sanitation, solid waste, or fuel facilities, related to construction activity on the same lot. 2) Moving/storage pods are allowed with an active building permit and must be placed upon a hard surface such as a driveway. 3) No temporary building or structure shall be used for dwelling purposes. 4) The placement of temporary buildings and structures shall be in conformance with the requirements of Article 5, Division 1, Site Plan Review. A building permit for such building or structure shall be issued by the Building Official prior to installation. 5) Temporary buildings and structures shall be removed from the lot within fifteen (15) days after an occupancy permit is issued by the Building Official for the permanent structure on such lot, or within fifteen (15) days after the expiration of a building permit issued for construction on such lot.
Seasonal, and Special Events. Seasonal or special events may be allowed in any district upon issuance of a permit by the Zoning Administrator, when meeting the standards listed below:
Seasonal, and special events may be allowed on any lot with a permitted principal building.
Seasonal, and specials events may be allowed on a vacant lot when providing the minimum setback for all buildings, structures, and parking required for the appropriate zoning district.
The seasonal or special event must not prevent the continued use of sidewalks, rights-of- way, fire lanes, etc.
If the petitioner is not the owner of the property, the petitioner shall provide written permission of the owner of the property to allow such an event prior to beginning such seasonal or special event.
A minimum of one (1) parking space shall be provided for each eight hundred (800) square feet of gross lot area used for the activity (not including storage areas) plus additional parking space for any structure utilized for retail sales computed in accordance with the requirements for retail stores
A sketch plan (to scale) shall be provided illustrating:
7) Boundaries of proposed sales areas. 8) Location and size of any proposed sign (off-premise signs shall also be mapped). g. All equipment, materials, goods, poles, wires, signs, and other items associated with the seasonal or special event shall be removed from the premises within five (5) days of the end of the event. Following the five (5) day period, the Village shall use the escrow fee to clear such items from the property. h. The length of a seasonal or special event shall not exceed four (4) days, except seasonal sales of items such as Christmas trees, pumpkins, and seasonal roadside stands which are permitted for up to sixty (60) days. i. Two (2) permits for a seasonal or special event by a single business or property are permitted each calendar year.
Temporary Uses. Temporary uses may be allowed in any commercial, office, or industrial district upon approval by the Planning Commission, when meeting the standards listed below:
Temporary uses may be allowed on any lot with a permitted principal building.
Temporary uses may be allowed on a vacant lot when providing the minimum setback for all buildings, structures, and parking required for the appropriate zoning district.
In no case shall the setbacks for any buildings, structures or parking be less than ten (10) feet except in the CBD. The temporary use must not prevent the continued use of sidewalks, rights-of-way, fire lanes, etc.
If the petitioner is not the owner of the property, the petitioner shall provide written permission of the owner of the property to allow such an activity prior to beginning such a temporary use.
A minimum of one (1) parking space shall be provided for each eight hundred (800) square feet of gross lot area used for the activity (not including storage areas) plus additional parking space for any structure utilized for retail sales computed in accordance with the requirements for retail stores.
A sketch plan (to scale) shall be provided illustrating:
8) Location and size of any proposed sign (off-premise signs shall also be mapped). g. All equipment, materials, goods, poles, wires, signs, and other items associated with the temporary use shall be removed from the premises within five (5) days of the end of the activity. Following the five (5) day period, the Village shall use the escrow fee to clear such items from the property. h. The length of a temporary use shall not exceed three (3) months. i. One (1) temporary use permit by a single business or property is permitted each year and there must be a minimum three (3) month gap between temporary uses on a property. j. Special standards for carnivals, circuses, farmer’s markets, flea markets, and similar events shall be as follows: 1) Such uses shall be approved by the Village Council. The Village Council shall consider the intensity of the proposed use in relation to adjacent land uses and sufficiency of parking. The Village Council may require site improvements, such as fencing, increased setbacks, and restricted hours of operation to help ensure compatibility with surrounding land uses. (b)The applicant shall provide information establishing that a reasonable amount of liability insurance coverage is carried, as determined by the Village's insurance carrier. (c)The sketch plan for the event shall include a description of traffic flow and parking management to ensure safe and efficient traffic operations without creating unreasonable congestion on Village streets. 2) Farmer’s markets which are to occur on a regular schedule shall be permitted only in commercially zoned districts. The Village Council may extend the time period for the temporary use permit so that a separate permit is not required for each event within any one (1) calendar year, provided the number of dates and a schedule are established at the time of application and that the conditions and requirements of the Village Council are maintained.
Review and Approval Procedures, Permit Fees, and Required Escrow for Temporary Uses and Sales Events
Review. Except as otherwise noted above for carnivals, circuses, farmer’s markets, and similar events as defined by the Zoning Administrator, the Zoning Administrator shall review and approve requests for a temporary use or seasonal event. Where appropriate, the Zoning Administrator shall consult with the Police Chief and Fire Department official. If the request is denied, the Zoning Administrator shall state the reasons for denial in writing and provide a copy to the applicant.
Use Fee. The applicant shall pay a nonrefundable permit fee to the Village Clerk. The fee shall be established and modified, from time to time, by the Village Council. The amount of the permit fee may vary depending upon the type of event.
Use Escrow. The proprietor of the temporary use or seasonal event shall deposit a cash bond or similar type of escrow, in an amount established by the Zoning Administrator, prior to the issuance of a permit. The escrow shall be used by the Village to pay the cost of returning the property to its state prior to commencement of the event or refunded to the proprietor upon compliance with the requirements of this Ordinance and any other applicable ordinances.
Sign Fee and Escrow. The sign standards provided in Article 4, Division 4, Signs, permits the use of temporary signs, to be reviewed concurrent with use permit.