§ 30-13.6. Temporary uses and structures.

Temporary uses and structures may be approved either by the Zoning Administrator or the Village Board in accordance with this section.

(a)

Temporary Use or Structure Permit.

(1)

Any temporary use or structure requires a temporary use or structure permit issued by the Zoning Administrator or Village Board, as appropriate. This permit does not override or substitute for any other section of this Ordinance or the Village Code that requires another type of permit, certificate or approval for the use or structure.

(2)

An application for a temporary use or structure permit must be filed with Zoning Administrator.

(3)

A temporary use or structure permit is valid for a period of no more than six (6) months. An applicant may request an extension of the permit period by filing a letter stating the reasons for the request with the Zoning Administrator. The Zoning Administrator will transmit the letter to the Village Board, who, at a regular meeting, may grant the request for good cause shown by the applicant.

(4)

An applicant who requests a temporary permit for a structure or use of more than five (5) days must give written notice to the owners and occupants of lots within two hundred and fifty (250) feet of the property lines of the lot for which the application has been filed, to be delivered by hand or by mail in accordance with the notice requirements of Section 30-4.3 (Notice).

(5)

The Zoning Administrator may require an applicant to give written notice for a structure or activity that will continue for five (5) days or less when the Zoning Administrator reasonably determines that the proposed structure or activity is of such scope or magnitude that it will impact the surrounding neighborhood due to temporarily increased traffic, parking, noise, artificial sound or lighting, or other effects warranting prior notice to affected properties.

(6)

In issuing a temporary use or structure permit, the Zoning Administrator or Village Board, as applicable, may attach additional conditions to the issuance of the permit as are deemed appropriate and necessary to achieve the purposes of this Ordinance.

(b)

Temporary Uses and Structures Subject to Administrative Approval. The Zoning Administrator may issue a temporary use or structure permit for the following temporary uses and structures:

(1)

A temporary use that is conducted entirely indoors for no more than five (5) days, upon finding that the temporary use complies with all other Village ordinances and will not be noticeable outside of the structure in which it is conducted.

(2)

A temporary construction trailer or an equipment storage shed, provided that:

(A)

The trailer or shed is accessory to the construction of a building or other development.

(B)

The trailer or shed is located on the same lot as the building or development.

(C)

The trailer or shed remains on the property no longer than the time of the construction but not longer than six (6) months.

(D)

The trailer or shed will be located no closer than twenty (20) feet from any other property located in a residential district.

(E)

The trailer or shed will be located no closer than three (3) feet from any lot line.

(3)

Commercial film production, conducted in accordance with the Village Code.

(4)

Any temporary use or structure substantially similar to any temporary use or structure under [section] 20-13.6.(c) that has been approved by the Village Board a minimum of three (3) times consecutively in the immediate past ten (10) years that such a request has been made. Such requests that require public notice under Section 30-4.3.(b)(4) may be approved by the Zoning Administrator without notice provided they have been previously approved by the Village Board as described above. Such administrative approval is at the discretion of the Zoning Administrator.

(c)

Temporary Uses and Structures Subject to Village Board Approval. The Village Board may issue a temporary use or structure permit for the following temporary uses, and any other temporary uses and structures not otherwise specified in this section:

(1)

Any temporary use or structure that continues for more than five (5) days.

(2)

Construction trailers and equipment storage sheds that do not comply with one (1) or more requirements of section 30-13.6.(b) above.

(3)

Christmas tree sales lots, provided that:

(A)

The use is located on a lot that fronts a collector or arterial street.

(B)

The use is located on a vacant lot or parking area.

(C)

The trees are located at least fifty (50) feet from any structure on another lot.

(D)

Trees remaining on hand after December 25 must be removed from the premises no later than December 31 of the same year.

(E)

A refundable bond, in an amount established by the Village, is posted with the Village.

(4)

Carnivals/circuses, provided that:

(A)

Trailers and other equipment do not block driveways or other points of emergency vehicular access to any property.

(B)

Trailers and other equipment do not block a public street, alley or sidewalk.

(C)

The operation will be located entirely on private property.

(5)

The following temporary retail uses:

(A)

Vendors' carts and stalls, based on the adequacy of traffic access and the absence of undue adverse impact on other properties.

(B)

Art, craft, book, and produce/farmers markets.

(C)

Sidewalk sales.

(D)

Garage and yard sales not to exceed a total of five (5) days per calendar year.

(6)

Tents used for public assembly, display or sales in excess of five (5) days.

(Code 1993, § 20-13.6; Ord. No. 2015-O-13, 4-14-2015)