Article 23-11 — PERMITTED TEMPORARY USES AND STRUCTURES

The temporary uses listed in this section shall be permitted in any zone, except as otherwise provided in this section.

Sec. 23-11.1. - Temporary Real Estate Offices and Signs Within Subdivisions.

a.

Model homes and their garages within a recorded tract may be used as offices solely for the first sale of homes within a recorded tract on the following conditions:

1.

A temporary certificate of use and occupancy shall first be obtained from the Building Official for the use of model homes and their garages for offices solely for such first sales;

2.

The use shall be discontinued at the end of one year from the date of issuance of the certificate of use and occupancy;

3.

The Building Official may for good cause, after receipt of a certified report from the developer on the number of dwellings sold, extend the time limit for not to exceed two (2) successive periods of six (6) months each.

b.

A temporary office not exceeding four hundred (400) square feet in area may be established within a recorded tract and used solely for the first sale of lots within the same recorded tract; on the following conditions:

1.

A temporary certificate of use and occupancy shall first be obtained from the Building Department for the use of the structure for an office solely for such first sales;

2.

The use shall be discontinued and such office removed from the premises at the end of one year from the date of issuance of the certificate of use and occupancy;

3.

The Building Official may for good cause, after receipt of a certified report from the subdivider on the number of lots sold, extend the time limit for not to exceed two (2) successive periods of six (6) months

each.

c.

Signs in connection with the uses permitted in paragraphs a. and b. above, shall be permitted within a recorded tract on the following conditions:

1.

The sign copy shall be limited to matters relating to the recorded tract within which the signs are located;

2.

Such signs shall have a time limit of existence concurrent with the use of the permitted temporary offices within the recorded tract.

Sec. 23-11.2. - Temporary Use or Mobilehome Residence or Mobile Construction Office During Construction.

In any zone the temporary use of a mobilehome residence or mobile construction office shall be permitted during the construction of a main building upon the following conditions:

a.

That such temporary use shall be on the same site and concurrent with the construction of a main building;

b.

That a sewage disposal system meeting the requirements of the Building Official be installed;

c.

That such use shall be permitted for a period of time not to exceed one (1) year, or until the issuance of a certificate of use and occupancy for the main building, whichever occurs first. Before the issuance of a certificate of use and occupancy the Building Official, for good cause, may extend the time limit twice. Any extension may be for a period not to exceed six (6) months;

d.

That guarantees necessary to ensure the discontinuance in use or removal of any such mobilehome or mobile construction office shall be provided by the landowner. The nature and extent of such guarantees are to be determined by the Building Official.

Sec. 23-11.3. - Continued Use of an Existing Building During Construction of a New Building on the Same Building Site.

The use of an existing, lawfully established building may continue during the construction or relocation of another building on the same building site if the Building Official finds that:

a.

The continued use of the existing building does not constitute a hazard to the health, safety or welfare of any individual or of the general public; and

b.

Prior to occupancy of a new building, the existing building will be brought into conformity with any additional regulation rendered applicable by the placement of any new building on the site. Conformity will be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof.

The Building Official may require the landowner to provide a guarantee to ensure full compliance with the zoning chapter upon completion of the new building or sooner if, in the Building Official's opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued.

Sec. 23-11.4. - Regulation of Boutiques, Yard Sales and Garage Sales.[[2]]

The purposes of this section are to control the nature and frequency of yard sales, garage sales and boutique sales in residential zones in order to maintain the noncommercial character of such areas and to prevent excessive traffic congestion and noise in such areas.

(Ord. #88-378, § 3)

Footnotes:

--- ( 2 ) ---

Section 1 of Ord. #88-378 repealed former subsection 23-11.4, regulating temporary uses of a fireworks sales facility; and § 3 added a new subsection.

Sec. 23-11.5. - Boutiques, Yard Sales and Garage Sales—Location, Frequency and Time.[[3]]

In any residential zone, on any one lot, a yard sale, garage sale or boutique sale may be conducted on not more than three (3) consecutive days in any six-month period. Sales shall be conducted only between the hours of 9:00 a.m. and 6:00 p.m.

(Ord. #88-378, § 4)

Footnotes:

--- ( 3 ) ---

Section 1 of Ord. #88-378 repealed former subsection 23-11.5, relating to limitation on fireworks stands; and § 2 added a new subsection 23-11.5.

Sec. 23-11.6. - Real Estate Signs.

In any district, one (1) real estate sign shall be permitted on any building site, unlighted and unilluminated, and not to exceed six (6) square feet in area.

Sec. 23-11.7. - Temporary Use of Christmas Tree Sales Facility.

A temporary Christmas tree sales facility shall be permitted in the CN Zone and in commercial areas of the PC Zone subject to the following requirements:

1.

The subject facility shall not be established more than fourteen (14) days prior to the particular Christmas holiday involved.

2.

The proposed location shall be submitted to and approved by the Building Official prior to establishment of the facility.

3.

The applicant shall secure an electrical permit from the Building Official if the facility is to be energized.

4.

The facility shall be removed and the premises upon which it was located shall be cleared of all debris and restored to the condition they were in prior to the establishment of the facility, within fourteen (14) days after the particular Christmas holiday involved.

In any zone the temporary use of a self-contained portable restroom shall be required upon the following conditions:

a.

The temporary use of self-contained portable toilets for construction, rehabilitation projects, special events, interruption of sewer service for emergencies or planned upgrades/repairs, and at sites or facilities that are not permanently inhabited and do not have installed working toilet facilities.

b.

The self-contained portable toilets must be in good working condition without any broken surfaces or leaks. Doors must be in good working condition and must be able to be securely latched while in use. The toilet(s) must be monitored and/or permanently secured or serviced by a licensed disposal contractor.

c.

Toilet(s) shall be located on the site so as to be free from obstruction from, nor present an obstruction to, existing structures or driveways. The toilet(s) shall be located in such a manner as to not be potentially impacted by site conditions such as slopes, ditches, or prevailing winds. Toilet(s) located in residential zones shall be located at a minimum of thirty (30) feet behind a fence to provide the maximum practical screening from roads and adjacent properties as the site allows.

d.

It is the property owner/event operator's responsibility to ensure that toilet(s) are not used in a dangerous or inappropriate manner, especially by children. This may be accomplished by monitoring or securing the toilet(s) during periods of inactivity, such as nighttime and weekend hours, or by other effective means as appropriate.

e.

Any self-contained portable toilet currently either located on a site or in a manner which is in violation of the provisions of this chapter shall be relocated or removed immediately.

f.

Violation of this chapter shall be declared to constitute a public nuisance and shall be processed in accordance with the applicable sections of Chapter VI, Section 6-1.7 of the Villa Park Municipal Code (VPMC), including the summary abatement procedures of VPMC Section 6-1.11.

(Ord. #2020-620, § 1)

ARTICLE 23-13. - CERTIFICATES OF USE AND OCCUPANCY

Sec. 23-13.1. - Intent.

No vacant land in any zone established under the provisions of this chapter shall hereafter be occupied or used, and no building hereafter erected, structurally altered or moved in any such zone shall be occupied or used until a certificate of use and occupancy shall have been issued therefor by the Building Official.

Sec. 23-13.2. - Application for Certificate of Use and Occupancy.

a.

Application for a certificate of use and occupancy for a new building or for an existing building which has been altered or moved shall be made at the same time as the application for a building permit. Said certificate shall be issued within three (3) days after a written request for the same shall have been made to the Building Official after the erection, alteration or moving of such building or part thereof shall have been completed in conformity with the provisions of this chapter. Pending the issuance of such a certificate, a temporary certificate of use and occupancy may be issued by the Building Official for a period of not exceeding six (6) months during the completion of alterations or during partial occupancy or use of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this chapter and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

b.

Written application for a certificate of use and occupancy for the use of vacant land or for a change in the character of the use of land, as herein provided, shall be made before any such land shall be so occupied

or used. Such a certificate of use and occupancy shall be issued within three (3) days after the application therefor has been made, provided such use is in conformity with the provisions of this Code.

c.

Every certificate of use and occupancy shall state that the building or proposed use of building or land complies with all the provisions of law and of this Code. A record of all certificates of use and occupancy shall be kept on file in the office of the Building Official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. No fee shall be charged for a certificate of use and occupancy.

d.

No permit for excavation for any building shall be issued before application has been made for a certificate of use and occupancy.

Sec. 23-13.3. - Completion of Building.

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has heretofore been issued and upon which actual construction has begun.

Actual construction is hereby defined to be the actual placing of construction materials in their permanent position fastened in a permanent manner, except that where a basement is being excavated such excavating shall be deemed to be actual construction or where demolishing or removal of an existing building or structure has been begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the building or structure involved.

Sec. 23-13.4. - Enforcement, Legal Procedure, Penalties.

a.

It shall be the duty of the Building Official to enforce the provisions of this chapter pertaining to the use of land, the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.

b.

It shall be the duty of the Health Department of Orange County to enforce the provisions of this chapter pertaining to the maintenance and use of property structures and buildings so far as matters of heath are concerned.

c.

It shall be the duty of the Sheriff of Orange County and of all officers of said County otherwise charged with the enforcement of the law to enforce this chapter and all the provisions of the same.

d.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to the penalty stated in Chapter I, Article 1-5.

e.

Any building or structure set up, erected, built, moved or maintained and/or use of property contrary to the provisions of this chapter and/or any conditions attached to the granting of any conditional use permit or variance pursuant thereto shall be and the same is hereby declared to be unlawful and a public nuisance and the duly constituted authorities of the City shall, upon order of the City Council, immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building, structure or use and restrain and enjoin any person, firm or corporation from setting up, erecting, building, moving or maintaining any such building or structure or using any property contrary to the provisions of this section.

f.

Failure to abide by and faithfully comply with any and all conditions that may be attached to the granting of any conditional use permit or variance pursuant to the provisions of this Chapter shall constitute grounds for the revocation of said conditional use permit or said variance by the City Council. All remedies provided for herein shall be cumulative and not exclusive.