TEMPORARY USE STANDARDS
1203 TEMPORARY USE STANDARDS Temporary uses are required to comply with the use standards of this section, in addition to all other regulations of this Ordinance. These regulations are for temporary uses located on private property. Unless otherwise indicated, all temporary uses require a temporary use permit, which shall be applied for by and issued to the property owner.
A. Farmers Market The timeframe of a farmers market, including number of days per week and overall duration of the event, shall be determined and approved as part of the temporary use permit.
B. Temporary Contractor’s Office
1. A temporary contractor’s office is allowed incidental and necessary to a construction project.
2. The temporary use permit is valid for the duration of the building permit, including any extensions.
3. The temporary contractor’s office shall be removed within 30 days of completion of the construction project.
C. Temporary Mobile Food Sales
1. The timeframe of a temporary mobile food sales use shall be one year and approved as part of the temporary use permit.
2. The temporary use permit shall be evaluated on the basis of the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact, including noise, on other properties.
3. All mobile food establishments operating on the property shall be properly licensed by the Health Department, and/or the Department of Business Regulation, and/or Board of Licenses.
4. Sale of alcohol is prohibited in all zoning districts with the exception of the Downcity Overlay District.
5. All temporary mobile food sales establishments shall cease operation by 10 p.m.
6. During business hours, a trash receptacle shall be provided for customer use and the area shall be kept clear of litter and debris at all times.
7. Additional outdoor seating may be provided by the mobile food sales operator on the site, but no seating may be permanently installed.
8. A permanent water or wastewater connection is prohibited.
9. Electrical service may be provided only by temporary service or other connection provided by an electric utility, or an on-board generator.
10. Drive-through service is prohibited.
11. A mobile food establishment is limited to signs attached to the exterior of the truck or trailer that shall be mounted flat against the truck or trailer with a maximum projection of six inches, and one A-frame sign. The A-frame sign is subject to the standards for such sign in Article 16.
12. No seating or trash receptacle is permitted to block the public right-of-way.
13. Incidental Entertainment is permitted during hours of operation.
D. Temporary Entertainment
1. Temporary Entertainment shall not require a temporary use permit. Temporary Entertainment events are limited to nine events per calendar year and a maximum duration of three days per event, with a minimum of 30 days between events.
2. Any temporary structures shall be removed within five days of the conclusion of the event.
3. Temporary Entertainment shall be located on private property unless an encroachment permit is approved to allow outdoor entertainment in the public right-of-way.
E. Temporary Outdoor Sales
1. The timeframe for outdoor sales, including number of days per week, hours of operation, and overall duration of the sale, shall be determined and approved as part of the temporary use permit.
2. The temporary use permit shall be evaluated on the basis of the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact, including noise, on other properties.
3. Outdoor sales shall not interfere with any pedestrian access or parking spaces and aisles.
4. Outdoor sales shall be located on private property unless an encroachment permit is approved to allow outdoor sales in the public right-of-way.
F. Temporary Outdoor Storage Container
1. Temporary storage containers are permitted in any zoning district when used for loading or unloading. Containers are permitted on site for a period not to exceed 72 hours with no temporary use permit. If a longer time period is required, a temporary use permit is required.
2. Temporary storage containers shall not be used for permanent storage. They shall not serve as a substitute for permanent storage needs on the site on which they are located. Containers shall not be permanently attached to the ground, serviced with permanent utilities, or stacked on the site.
G. Temporary Parking Lot (Principal Use)
1. Temporary Parking Lot (Principal Use) shall be permitted under the following conditions: a. A temporary parking lot shall be permitted when parking spaces on another site are displaced due to a construction project and there is a need to relocate those spaces temporarily during the duration of the construction project.
b. The temporary parking lot shall be permitted by temporary use permit for a period not to exceed one year. The temporary use permit shall be issued no earlier than the building permit for said construction project. The temporary use permit may be renewed annually. No temporary parking lot may be permitted for a period of more than three years, or beyond the issuance of a certificate of occupancy of said construction project, whichever is shorter.
c. In the D-1 zone, no demolition shall be permitted to accommodate a temporary parking lot.
d. The temporary parking lot shall be surfaced with a durable all-weather material that meets the standards promulgated by the Department of Public Works.
e. Parking shall be permitted on existing areas of impervious surface without the necessity to comply with tree and landscaping regulations of this Ordinance. New areas of impervious surface shall require compliance with applicable landscaping and stormwater regulations.
f. The temporary parking lot may also be used for temporary staging of construction materials and equipment supporting said construction project. The area devoted to the staging of construction materials and equipment shall be less than 50% of the area of the temporary parking lot.