301.21: TEMPORARY USES:

A Temporary Use is intended to operate only for a limited period of time. Unless otherwise specified, temporary uses shall require a permit in accordance with Chapter 605, Temporary Use Permits. Temporary uses shall be located, developed, and operated in compliance with the standards of this section, and the entire area used for the temporary event, including display, sales, circulation, parking, etc. shall be paved or improved per City standards.

A. Carnivals, Fairs and Festival Events. Carnivals, fairs, and festival events in connection with an existing commercial use or in conjunction with an activity of a civic organization, church, lodge, public or private school, or other such group or organization are permitted in accordance with the following standards:

1. Location. Carnivals, fairs, and festival events are limited to areas within commercial or employment districts, or on property owned by a civic organization, church, lodge or public or private school.

2. Time Limit. When located adjacent to or within an R district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.

3. Duration. Carnivals, fairs, and festival events are limited to no more than five (5) consecutive days four (4) times a year. A more limited duration may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

4. Existing Parking. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-five (75) percent of the minimum number of spaces required by Chapter 304, On-Site Parking and Loading.

5. Temporary onsite camping. Use of recreational vehicles may be allowed for not longer than four days longer than the temporary use is scheduled, and only for employees and/or organizers of the event. Such approval shall be explicitly requested in the application for Temporary Use Permit, and is subject to conditions and approval of the Zoning Administrator.

B. Garage Sales. A garage or yard sale may be permitted on any developed lot in an R district, in accordance with Section 18-8.2 of the Municipal Code and the following standards.

1. Garage sales are limited to no more than three (3) consecutive days in any six (6) month period.

2. All merchandise to be sold shall be displayed on a private lot and not within the public right-of-way.

3. One sign not exceeding two feet by two feet in size may be posted on the property where the sale is being held during the duration of the sale only. No signs regarding such sale shall be posted on any property other than where the sale is held. C. Model Homes. Model homes with sales offices and temporary information/sales trailers in new residential subdivisions are subject to the following requirements. No temporary use permit is necessary for a model home.

4. Time Limits. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six (6) months or completion of the first phase, whichever occurs first.

5. Location of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots within the subdivision.

6. Return to Residential Use. Prior to the sale of any of the model homes as a single-family residence, any portion used for commercial purposes will be converted to its intended residential purpose.

7. Term of Use. The model home may be established and operated for a term period of five (5) years or until completion of the sale of the lots or residences, whichever comes first. One (1) year extensions may be approved by the Zoning Administrator until the sale of all lots/residences is completed.

D. Temporary and Seasonal Outdoor Sales. Temporary and Seasonal Outdoor Sales may be permitted in accordance with the following standards:

1. General Sales Events. Temporary outdoor sales, including but not limited to grand opening events, temporary automobile sales, and other special sales events on private property in non-residential districts shall be subject to the following standards:

• a. Temporary outdoor sales shall be part of an existing business on the same site.

• b. Temporary automobile sales are limited to the CR district and need not be in connection with an existing commercial use.

• c. Sales events shall be conducted solely on private property and not encroach within the public right-of-way.

• d. Temporary outdoor sales are limited to four (4) consecutive days six (6) times a year. No site shall be used for such an activity for more than ten (10) days in any calendar month. A more limited duration may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

• e. When located adjacent to an R district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.

• f. The entire area used for temporary outdoor sales, including display, sales, circulation, parking, etc. shall be paved per City standards.

g. Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

• h. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-five (75) percent of the minimum number of spaces required by Chapter 304, On-Site Parking and Loading.

2. Seasonal Sales. The annual sale of holiday related items such as Christmas trees, pumpkins and similar items is permitted in accordance with the following standards:

• a. Time Period. Seasonal sales associated with holidays are permitted up to a month preceding and one (1) week following the holiday. Christmas tree sales are permitted from Thanksgiving Day through December 31st.

• b. Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within ten (10) days after the end of sales, and the appearance of the site shall be returned to its original state.

3. Non-Profit Fund Raising. Fund raising sales by a non-profit organization are limited to seven (7) consecutive days twelve (12) times a year.

E. Long Term Special Events and Sales. Other special events, outdoor sales, and displays that exceed seven (7) consecutive days but not more than three (3) months, may be permitted with Zoning Administrator approval and in accordance with the following standards:

1. Location. Events are limited to non-residential district.

2. Number of Events. Long term special events and sales are limited to no more than two (2) per year.

3. Existing Business. Temporary outdoor sales shall be part of an existing business on the same site.

4. Signs. Outdoor uses may include the addition of one (1) nonpermanent sign up to a maximum size of four (4) square feet in area, subject to Chapter 305, Signs. (Ord. 1866, 11-19-2019)