§ 138-3356. Temporary uses and structures.

(a)

Purpose. The purpose of this section is to establish allowances, standards, and criteria for temporary uses and structures.

(b)

Applicability. The provisions of this section shall apply to temporary uses and structures upon a given property.

(c)

Standards.

(1)

Construction offices and construction storage buildings for land under development may be allowed in any district for the purpose of development.

a.

Authorization for a temporary use and structure shall only be granted after the filing of an acceptable preliminary site plan.

b.

Any permit for a temporary use or structure shall expire at the end of two years or upon completion of the project for which the temporary use has been authorized, whichever is sooner, and shall be removed or converted to a permitted use upon such expiration. Extensions to the original permit may be granted for a period of one year as a Type 1 review.

(2)

Other temporary uses such as Christmas tree sales, pumpkin sales, rummage sales, temporary flea markets, carnivals, festivals, and promotional activities may be permitted under the following criteria:

a.

The uses may be permitted in the residential agriculture district (R-A), office and commercial districts, industrial districts, mixed use districts, special districts, or public/semi-public districts; and may be permitted in other zones when on the site of an existing civic organization (i.e., place of worship, school, fraternal organization or similar activity).

b.

No parcel shall be occupied by a temporary use for more than 60 days in any calendar year.

c.

No zoning clearance or permit is required for a temporary use except as noted below. However, the operator of a temporary use must:

1.

Obtain written permission from the property owner and have such permission available on site during the operation of the temporary use.

2.

Provide adequate off-street parking as required by chapter 138, article X, division 2.

3.

Ensure safe and adequate ingress and egress to the property, including safe sight distance for vehicles entering or leaving the property.

4.

Ensure that all use areas (i.e., sales, activities) other than parking are located at least 25 feet from a public right-of-way and residential properties.

d.

The provisions of section 138-3357 shall be met for any tent erected as part of operations.

e.

The operator shall obtain permits for any structures to be located on the property or if such use requires electricity or plumbing permits the operator shall obtain such permits prior to operation.

f.

The county administrator or his designee shall have authority to require immediate compliance with the provisions of this section.

g.

Nothing herein shall relieve an operator of a temporary use from complying with other applicable codes, ordinances, and regulations.

(3)

Garage/yard sales may be permitted under the following criteria:

a.

May be permitted at any residential use.

b.

Shall be allowed to occur up to four sales per calendar year for each parcel, not to exceed three days per sale; AND

c.

Shall be allowed to occur two days per calendar year for a neighborhood-wide event.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)