Lincoln Municipal Code Ch. 18.63 Temporary Buildings in Industrial Areas

Temporary buildings may be allowed in industrial areas provided that all of the following conditions are met:

(1) The temporary building will be for a use permitted by the applicable zoning;

(2) The business or industry which will utilize the temporary buildings must have been continually operating on the site for a minimum period of three years within a permanent existing building;

(3) The temporary building will be used adjacent to the existing permanent building;

(4) The business or industry intends to expand its existing permanent building within five years;

(5) The owners of the real property enter into an agreement, approved by the city, providing, among other things, that the owner will remove the temporary building in five years, will indemnify and hold harmless the city for any losses and damages should the city have to remove the temporary building and post a sufficient cash deposit as determined by the city, should the city need to remove the temporary building;

(6) Any temporary building shall be subject to design review process as provided in Chapter 18.64 et seq. of this code.

(Ord. 554B §1(part), 1991)

A temporary building shall not be allowed unless a finding is made that the erection, establishment, maintenance or operation of the temporary building will not, under the circumstances of the particular situation, be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood or to the general welfare of the city.

(Ord. 554B §1(part), 1991)

"Industrial area" as used in Section 18.63.010 is defined as follows: those areas designated in the city's land use plan, as amended, as "industrial," "light industrial" or "industrial planned unit development district."

(Ord. 554B §1(part), 1991)

Applications for a temporary building shall be made in writing by the property owner or his agent to the planning commission on a form to be prescribed by the commission. The application shall include the following data:

(1) A map drawn to scale showing the proposed temporary building along with the existing permanent building, the property and the location of the buildings on the property and the property lines for property within 400 feet of the exterior boundary lines of the subject property;

(2) The names and mailing addresses of the owners of the property shown on the map;

(3) The proposed use of the temporary building; and

(4) Such other information as the planning commission may require.

(Ord. 554B §1(part), 1991)

A public hearing shall be held by the planning commission after the filing of the application. Not less than ten days prior to the public hearing, notice by mail to all the property owners shown on the list furnished by the applicants shall be given. That notice shall include the name and address of the applicant, owner, agent, if any, a description of the proposed temporary building and the date, hour and place of the hearing.

(Ord. 554B §1(part), 1991)

The procedures for designating conditions, lapse from disuse, notice and finality of decision, revocation and modification, and reapplications after denial or revocation as provided in Chapter 18.54 of this code shall apply.

(Ord. 554B §1(part), 1991)