SEC. 205.2. TEMPORARY USES: ONE- TO THREE-YEAR LIMIT.

(See Interpretations related to this Section.)

A temporary use may be authorized for the following uses as specified below:

• (a) Temporary authorization for a period not to exceed one year.

• (1) Temporary Wireless Telecommunications Services (WTS) Facilities, if the following requirements are met:

• (A) The Planning Director determines that the Temporary WTS Facility shall be sited and constructed so as to:

• (i) avoid proximity to residential dwellings to the maximum extent feasible;

• (ii) comply with the provisions of Article 29 of the Police Code;

• (iii) be no taller than needed;

• (iv) be physically screened to the maximum extent feasible; and

• (v) be erected for no longer than reasonably required.

• (B) Permits in excess of 90 days for Temporary WTS Facilities operated for commercial purposes shall be subject to Sections 311 and 312 of this Code, where applicable.

• (C) The Planning Department may require, where appropriate, notices along street frontages abutting the location of the Temporary WTS Facility indicating the nature of the facility and the duration of the permit.

(2) Pop-Up Retail. Pop-Up Retail is a time-limited Retail, Nighttime Entertainment, General Entertainment, or Arts Activities use permitted within either a vacant commercial space or a space occupied by a legally established Commercial Use. Pop-Up Retail may be authorized and renewed as a temporary use for up to three years. Any Pop-Up Retail use shall satisfy all of these requirements:

(A) Operate within the principally permitted hours of operation of the applicable Zoning District; provided that any Pop-Up Retail use located within a Limited Commercial use may not have hours of operation past 10:00 p.m.

(B) Not be located within a Residential District, unless the temporary use is located within a Limited Commercial use.

(C) Comply with the fenestration, transparency, and any other visibility requirements of Section 145.1 of this Code; provided that the these requirements shall not apply to the Pop-Up Retail for the first 60-days of the use.

(3) Temporary General Office uses for seasonal political campaigns in zoning districts other than PDR Districts, and Residential Districts, unless the temporary use is located within a Limited Commercial use.

(b) Temporary authorization for a period not to exceed two years.

(1) Temporary structures and uses incidental to the construction of a building or group of buildings on the same or adjacent premises, or on a Lot within one-half mile of the premises when required due to land availability and circulation patterns. Where the temporary structures and uses are incidental to a project constructing at least 500,000 new gross square feet, said temporary structures and uses may be located on a Lot within two miles of the premises when required due to land availability and circulation patterns.

(2) Rental or sales office incidental to a new residential development, not including the conduct of a general real estate business, provided that it be located within the development.

(3) Temporary uses under subsections (b)(1) and (b)(2) may not be renewed following the issuance of the First Certificate of Occupancy, as defined in Section 401, for the last building of a project.

(4) In any M-1 or M-2 District, an Automobile Wrecking use as defined in Section 102 of this Code, provided if the operation would be a conditional use in the district in question, that the Planning Director determines the operation will meet within 90 days of commencing operation all conditions applicable to such use in that district. (Amended by Ord. 443-78, App. 10/6/78; Ord. 456-86, App. 11/25/86; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 166-16 , File No. 160477, App. 8/11/2016, Eff. 9/10/2016; Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 213-19, File No. 190812,

App. 9/20/2019, Eff. 10/21/2019; Ord. 274-19, File No. 190842, App. 11/27/2019, Eff. 12/28/2019, Retro. 1/1/2019; Ord. 35-20, File No. 190355, App. 3/6/2020, Eff. 4/6/2020; Ord. 249-22 , File No. 220542, App. 12/16/2022, Eff. 1/16/2023; divisions (d)-(e) Retro. 1/1/2022; Ord. 122-23 , File No. 230371, App. 7/5/2023, Eff. 8/5/2023; Ord. 159-23, File No. 230732, App. 7/28/2023, Eff. 8/28/2023; Ord. 68-24, File No. 240070, App. 4/4/2024, Eff. 5/5/2024, Retro. 1/1/2024; Ord. 116-25, File No. 250540, App. 7/17/2025, Eff. 8/17/2025)

AMENDMENT HISTORY

Division (c) amended; Ord. 22-15, Eff. 3/22/2015. Division (d) added; Ord. 166-16 , Eff. 9/10/2016. Division (e) added; Ord. 229-17, Eff. 1/5/2018. Division (e) amended; Ord. 202-18, Eff. 9/10/2018. Division (f) added; Ord. 213-19, Eff. 10/21/2019. Section header, introductory paragraph, and division (e) amended; Ord. 274-19, Eff. 12/28/2019. Divisions (c) and (d)(1) amended; Ord. 35-20, Eff. 4/6/2020. Section header and introductory paragraph amended; divisions (a)-(c) redesignated as (b)(1)-(3); divisions (d)-(d)(3) and (f) deleted; new divisions (a)-(a)(3), (b), (c)- (c)(1)(B), and (d) added;

division (e) amended;[1] Ord. 249-22 , Eff. 1/16/2023. Divisions (a)-(a)(3) redesignated as (a)-(a)(1)(C); new division (a)(2) added; Ord. 122-23 , Eff. 8/5/2023, and Ord. 159-23, Eff. 8/28/2023. Section header amended; divisions (d)-(e) amended as division (d); Ord. 68-24, Retro. 1/1/2024. Section header and divisions (a)(2), (b)(1)-(2) amended; divisions (a)(2)(A)(C), (a)(3), (b)(3) added; former division (b)(3) redesignated as (b)(4); divisions (c)-(e) deleted; Ord. 116-25, Eff. 8/17/2025.