§ 28-111. Temporary uses and structures.

(a)

Intent. Temporary uses and structures are necessary for the vitality of the city. The intent of this section is to promote the public health, safety and welfare by establishing minimum standards for the location, design, and duration of temporary uses and structures.

(b)

Temporary uses.

(1)

Garage and yard sales. The incidental sales of personal possessions on an occupied residential lot, by the owner or resident, for a limited period of time.

a.

Exclusions. Sales are excluded from:

1.

Public rights-of-way or other public property; and

2.

Front yards outside of approved driveways.

b.

Duration. Sales are limited to three (3) events per calendar year for no more than three (3) consecutive days per event.

c.

Signage. Signs promoting a sale which comply with the following standards are permitted:

1.

One (1) on-premise sign and one (1) off-premises sign posted on private property with the permission of the owner.

2.

Individual signs are limited to a size of four (4) square feet.

3.

In no case may a sign be located on public property or within public rights-of-way or posted on utility poles or other public structures.

4.

In no case may a sign be posted on a tree.

5.

Signs may only be posted up to two (2) days prior to the sale, as well as during the sale, for a total of no more than five (5) days

d.

Plot site plan (PSP). A PSP complying with the requirements of subsection 28-135(e) of this chapter may be required at the discretion of the zoning administrator (or designee) or under certain circumstances.

(2)

Temporary outdoor sales. The sale of edible items, wares, goods, or merchandise associated with a business located on the same lot(s) from mobile stands, vehicles, temporary structures, and similar devices for a limited period of time.

a.

Plot site plan (PSP). A PSP complying with the requirements of subsection 28-135(e) of this chapter must be submitted for the review and approval of the zoning administrator (or designee), with the exception of property specifically designed to accommodate a special event. This exception does not exempt the organizer(s) from obtaining other required permits.

b.

Exclusions. Sales are excluded from public rights-of-way or other public property.

c.

Duration. Limited to three (3) events per calendar year for no more than fourteen (14) consecutive days per event.

d.

Temporary structures. A temporary structure must comply with the minimum setback and maximum height restrictions of the zoning district in which it is located and be set back a minimum of ten (10) feet from a permanent structure located on the property or an adjoining lot. In all cases, a clear path of egress must be maintained, to the satisfaction of the zoning administrator (or designee).

e.

Dedicated parking. If the temporary use and any associated temporary structures are located on an existing parking lot:

1.

Required parking spaces. The remaining portion of the lot must contain at least seventy-five (75) percent of the spaces required for the primary use(s), as specified in subsection 28-100(c) of this chapter.

2.

Parking lot circulation. Proper parking lot circulation must be maintained during the event, to the greatest extent possible, as specified in subsection 28-100(g) of this chapter, and approved by the zoning administrator (or designee).

f.

Noise and lighting. The temporary use and any associated temporary structures must comply with the standards for noise contained in section 17-76 of this chapter, et seq., of this Code and subsection 28-110(d)(2) of this chapter and the standards for lighting contained in section 28-125 of this chapter, to the fullest extent possible, as determined by the zoning administrator (or designee).

g.

Signage. Signage related to the temporary use must comply with the standards contained in subsection 21.5-22(k) of this Code to the fullest extent possible, as determined by the zoning administrator (or designee).

h.

Other city regulations. The applicant must also comply with chapter 16 of this Code.

(3)

Transient merchants.

a.

Transient outdoor sales. The sale of edible items, wares, goods, or merchandise from mobile stands, vehicles, temporary structures, or similar devices outside of a public right-of-way on appropriately zoned property for a limited period of time.

1.

Plot site plan (PSP). A PSP complying with the requirements of subsection 28-135(e) of this chapter must be submitted for the review and approval of the zoning administrator (or designee), with the following exceptions:

i.

Property specifically designed to accommodate a special event. This exception does not exempt the organizer(s) from obtaining other required permits.

ii.

Private property adjacent to the boundary of a special event located within public rights-of-way and/or publicly owned property and approved by city council.

2.

Exclusions. Sales are excluded from public rights-of-way or other public property.

3.

Duration. Sales are limited to three (3) events per calendar year for no more than fourteen (14) consecutive days per event. However, a sale may last up to forty-five (45) days, if approved by the Zoning Administrator (or designee).

4.

Temporary structures. A temporary structure must comply with the minimum setback and maximum height restrictions of the zoning district in which it is located and be set back a minimum of ten (10) feet from a permanent structure located on the property or an adjoining lot. In all cases, a clear path of egress must be maintained, to the satisfaction of the zoning administrator (or designee).

5.

Parking.

A.

Dedicated parking. If the temporary use and any associated temporary structures are located on an existing parking lot:

i.

Required parking spaces. The remaining portion of the lot must contain at least seventy-five percent (75%) of the spaces required for the primary use(s), as specified in subsection 28-100(c) of this chapter.

ii.

Parking lot circulation. Proper parking lot circulation must be maintained during the event, to the greatest extent possible, as specified in subsection 28-100(g) of this chapter, and approved by the zoning administrator (or designee).

B.

Overflow parking. If extra parking is required to serve the temporary use and any associated temporary structures:

i.

Paving. Paving is required unless otherwise deemed non-objectionable and the event is for public or non-profit sanctioned events and is approved by the zoning administrator (or designee).

ii.

Public infrastructure protection. Vehicles leaving the parking lot cannot track mud onto any public right-of-way.

iii.

Parking lot circulation. Parking lot circulation patterns complying with the requirements specified in subsection 28-100(g) of this chapter must be clearly marked and maintained.

6.

Noise and lighting. The temporary use and any associated temporary structures must comply with the standards for noise contained in section 17-76, et seq., of this Code and subsection 28-110(d)(2) of this chapter and the standards for lighting contained in section 28-125 of this chapter, to the fullest extent possible, as determined by the zoning administrator (or designee).

7.

Signage. Signage related to the temporary use must comply with the standards contained in subsection 21.5-22(k) of this Code to the fullest extent possible, as determined by the zoning administrator (or designee).

8.

Other city regulations. The applicant must also comply with chapter 16 of this Code.

b.

Transient indoor sales. The sale of edible items, wares, goods, and merchandise within an existing vacant building for a limited period of time.

1.

Appropriate zoning. The property must be zoned appropriately for the temporary use.

2.

Plot site plan (PSP). A plot site plan complying with the requirements of subsection 28-135(e) of this chapter must be submitted for the review and approval of the zoning administrator (or designee), with the following exceptions:

A.

Property specifically designed to accommodate a special event. This exception does not exempt the organizer(s) from obtaining other required permits.

B.

Private property adjacent to the boundary of a special event located within public rights-of-way and/or publicly owned property and approved by city council.

[3].

Exclusions. Sales are excluded from public rights-of-way or other public property, unless approval is also granted for temporary outdoor sales (see subsection 28-111(b)(2) of this section or seasonal outdoor sales and displays (see subsection 28-111(c)(2) of this section).

[4].

Duration. Sales are limited to one-hundred eighty (180) days in any given calendar year.

[5].

Dedicated parking. The parking lot, or portion of a parking lot reserved for the temporary use must contain at least seventy-five (75) percent of the required spaces, as specified in subsection 28-100(c) of this chapter. The same standard must be observed for any primary use(s).

[6].

Noise and lighting. The temporary use and any associated temporary structures must comply with the standards for noise contained in section 17-76, et seq., of this Code and subsection 28-110(d)(2) of this chapter and the standards for lighting contained in section 28-125 of this chapter, to the fullest extent possible, as determined by the zoning administrator (or designee).

[7].

Signage. Signage related to the temporary use must comply with the standards contained in subsection 21.5-22(k) of this Code, to the fullest extent possible, as determined by the zoning administrator (or designee).

[8].

Other city regulations. The applicant must also comply with chapter 16 of this Code.

(4)

Special events. Special events—as defined in chapter 16 of this Code and including street fairs and other events taking place within public-rights-of-way—are permitted provided the following standards are met.

a.

Plot site plan (PSP). A plot site plan complying with the requirements of subsection 28-135(e) of this chapter must be submitted for the review and approval of the zoning administrator (or designee), with the following exceptions:

1.

Property specifically designed to accommodate a special event. This exception does not exempt the organizer(s) from obtaining other required permits.

2.

Private property adjacent to the boundary of a special event located within public rights-of-way and/or publicly owned property and approved by city council.

b.

Exclusions. Special events are excluded from public rights-of-way or other public property unless an exception under subsection (4)(a) of this section applies.

c.

Duration. Special events are limited to three (3) events per calendar year for no more than fourteen (14) consecutive days per event.

d.

Temporary structures. A temporary structure must comply with the minimum setback and maximum height restrictions of the zoning district in which it is located and be set back a minimum of ten (10) feet from a permanent structure located on the property or an adjoining lot. In all cases, a clear path of egress must be maintained, to the satisfaction of the zoning administrator (or designee).

e.

Parking.

1.

Dedicated parking. If the temporary use and any associated temporary structures are located on an existing parking lot:

A.

Required parking spaces. The remaining portion of the lot must contain at least seventy-five (75) percent of the spaces required for the primary use(s), as specified in subsection 28-100(c) of this chapter.

B.

Parking lot circulation. Proper parking lot circulation must be maintained during the event, to the greatest extent possible, as specified in subsection 28-100(g), and approved by the zoning administrator (or designee).

2.

Overflow parking. If extra parking is required to serve the temporary use and any associated temporary structures:

A.

Paving. Paving is not required, although vehicles leaving the parking lot cannot track mud onto any public right-of-way.

B.

Parking lot circulation. Parking lot circulation patterns complying with the requirements specified in subsection 28-100(g) of this chapter must be clearly marked and maintained.

f.

Noise and lighting. The temporary use and any associated temporary structures must comply with the standards for noise contained in section 17-76, et seq., of this Code and subsection 28-110(d)(2) of this chapter and the standards for lighting contained in section 28-125 of this chapter, to the fullest extent possible, as determined by the zoning administrator (or designee).

g.

Signage. Signage related to the temporary use must comply with the standards contained in subsection 21.5-22(k) of this Code to the fullest extent possible, as determined by the zoning administrator (or designee).

h.

Other city regulations. The applicant must also comply with chapter 16 of this Code.

(c)

Seasonal uses.

(1)

Sidewalk cafés. A sidewalk café is permitted provided the following standards are met:

a.

All uses must comply with the following standards which limit their effect on the surrounding area:

i.

The tables, chairs, and other appurtenances must be associated with the building containing the restaurant or business, owned or leased, by the person operating the sidewalk café.

ii.

The tables, chairs, and other appurtenances must be placed in a way that a clear pathway of at least five (5) feet (eight (8) feet on Michigan Avenue) in width—free of street trees, street furniture, signs, and other obstructions—is maintained along the section of the sidewalk closest to the building.

iii.

The tables, chairs, and other appurtenances shall not be permanently anchored to the sidewalk in any manner.

iv.

Ingress and egress from the building or driveway shall not be blocked or obstructed by any such appurtenances.

v.

All temporary fencing shall comply with the provisions of this chapter.

b.

Plot site plan (PSP). A PSP comply with the requirements of subsection 28-135(e) of this chapter must be submitted for the review and approval of the zoning administrator (or designee)

c.

Other city standards. The café must comply with all pertinent municipal regulations.

(2)

Outdoor sales and displays. Outdoor sales and displays—as defined in chapter 16 of this Code and including displays located on the lot(s) occupied by the store—are permitted provided the following standards are met:

a.

Plot site plan (PSP). A PSP complying with the requirements of subsection 28-135(e) of this chapter must be submitted for the review and approval of the zoning administrator (or designee). The PSP must identify the location of the limits of the outdoor sales, if that location is not part of an approved full site plan (FSP).

b.

Other city standards. The outdoor sales and displays must comply with the standards contained in chapter 16 of this Code, as well as other pertinent municipal regulations, as determined by the city clerk (or designee).

(3)

Concessionaires. Edible items, wares, goods, and merchandise sales from mobile stands, vehicles, temporary structures, or similar devices located within a public right-of-way and in the central commercial (C-3) district. Concessionaires must comply with the requirements of chapter 16 of this Code.

(4)

Peddlers. Sale of food, merchandise, and services from place to place. Peddlers must comply with the requirements of chapter 16 of this Code.

(d)

Temporary structures.

(1)

Temporary buildings and accessory structures. A temporary building or accessory structure must comply with the minimum setback and maximum height restrictions of the zoning district in which it is located and be set back a minimum of ten (10) feet from a permanent structure located on the property or an adjoining lot. In all cases, a clear path of egress must be maintained, to the satisfaction of the zoning administrator (or designee). Temporary storage structures, as identified in subsection (d)(2)a. of this section, are excluded from these standards.

a.

Plot site plan (PSP). A PSP must be submitted for the review and approval of the zoning administrator (or designee) for all temporary buildings and accessory structures that are not included on a full site plan (FSP) submitted to the city, including those which do not require a building permit. The PSP must comply with the requirements of subsection 28-135(e) of this chapter.

b.

Construction trailers/buildings. Unless otherwise approved by the zoning administrator (or designee), any structure designed solely to be utilized during the construction of a building or other structure may be erected or placed on a property, provided that it:

1.

Be erected or placed not more than fourteen (14) days prior to the commencement of construction; and

2.

Be removed within fourteen (14) days of the issuance of the certificate of occupancy the city.

c.

Temporary sheds and other temporary accessory structures.

1.

Any temporary sheds or other temporary accessory structures intended for use outside of a permanent, temporary (see subsection (a) of this section), or seasonal (see subsection (b) of this section) use must comply with the standards for permanent accessory structures located in section 28-120 of this chapter.

2.

Tents and other soft-sided structures not utilized during a special event (see subsection (b)(4) of this section) are prohibited.

(2)

Other temporary structures. Other temporary structures, as identified below, are limited to fourteen (14) consecutive days or less at a time, no more than two (2) times per calendar year, unless otherwise approved by the zoning administrator (or designee).

a.

Pods, trailers, truck beds. Pods, trailers, truck beds, or other similar vessels and containers used for storage outside of permanent structures, excluding dumpsters already regulated under subsection 28-110(d)(3) of this chapter.

b.

Temporary pools. Pools twenty-four (24) inches in depth or less and/or designed to be disassembled and/or stored when not in use.

(3)

Donation boxes. Donation boxes —as defined in chapter 16 of this Code—are allowed on the grounds of registered nonprofit organizations located on nonresidential property provided the following standards are met.

a.

Plot site plan (PSP). A PSP complying with the requirements of subsection 28-135(e) of this chapter must be submitted for the review and approval of the zoning administrator (or designee).

b.

Other city standards. The donation box or boxes must comply with the standards contained in chapter 16 of this Code, as well as other pertinent municipal regulations, as determined by the city clerk (or designee).

(4)

Temporary protective fences.

a.

Temporary fencing associated with temporary and seasonal uses.

1.

Materials.

A.

Fencing located in public rights-of-way must be decorative in nature and cannot be more than fifty (50) percent opaque.

B.

Fencing materials must be compatible with the surrounding area, as determined by the zoning administrator (or designee).

C.

Fencing associated with a special event, as defined in chapter 16 of this Code, may also comply with the standards for temporary fencing associated with construction projects located in subsection (d)(4)b of this section.

2.

Installation.

A.

Fencing that is not anchored in the ground must be sufficiently braced to the satisfaction of the zoning administrator (or designee) to ensure that it will not break or fall down.

B.

Fencing must be installed in compliance with the city's building standards located in chapter 5 of this Code.

3.

Maintenance. The temporary fencing must be inspected regularly and any broken sections of fence must be immediately removed and replaced. Bent or leaning posts must be removed, replaced and anchoring methods improved so that the posts remain plumb. Fence fasteners must be visually inspected and replaced should any be found to have come undone or to have torn through the protective fencing.

b.

Temporary fencing associated with construction projects.

1.

Materials.

A.

Fencing must be comprised of high density polyethylene mesh fabric or chain link with a nominal two-inch diamond design not less than forty-eight (48) inches above grade.

B.

Steel posts must be at least eight (8) feet long and at least one (1) inch wide with a nominal weight of one (1.08) pounds per foot exclusive of the anchor plate. Steel posts must include an anchor plate and be notched, studded or have other means for holding the fabric in place on the post.

C.

Fencing must be attached to each post with at least five (5) eleven (11) gauge galvanized or aluminum coated wire fasteners.

2.

Installation.

A.

Install steel posts a maximum of ten (10) feet apart. Steel posts must be installed plumb with a post driver into undisturbed earth. Bent or broken posts are prohibited. Line posts shall have a minimum bury depth of thirty (30) inches. Corner posts shall have a minimum bury depth of forty-two (42) inches and must be braced as necessary to ensure that the posts remains plumb and the protective fencing remains taut once it is attached.

B.

Install line posts with the anchor plate turned to parallel with the fencing. Install corner posts with the steel plate turned to cross the inside of the angle formed by the fence runs on each side of the corner post.

C.

Stretch fence fabric taut and fasten to each post using wire fasteners. Fasteners must be spaced no greater than twelve (12) inches apart on the steel posts with the bottom fastener being located no more than two (2) inches above the ground.

3.

Maintenance. The temporary fencing must be regularly inspected and any broken sections of fence must be immediately removed and replaced. Bent or leaning posts must be removed, replaced and anchoring methods improved so that the posts remain plumb. Fence fasteners must be visually inspected and replaced should any be found to have come undone or to have torn through the protective fencing.

4.

Duration. The installation and removal of temporary fencing associated with a construction project must comply with the same standards established for construction trailers/buildings located in subsection (d)(1)a. of this section.

5.

Temporary fencing associated with construction projects must also comply with the standards contained in section 28-125(e) of this chapter.

(Ord. No. 2013.02, § 3, 3-12-13; Ord. No. 2016-29, § 3, 11-15-16)