§ 7-12-2-1250. Permitted temporary structures and uses.

A.

Subject to the specified regulations, location requirements, time limits, and other applicable regulations of the district in which the use is located, the following temporary structures and uses shall be allowed with a valid permit.

1.

Temporary sales activities of itinerant merchants conducted outside of a commercial building involving the display of goods and merchandise, not otherwise specifically described in this article shall be subject to the following conditions:

a.

The use may be located in any commercial or industrial zoning district;

b.

The use shall occur for a period of not more than ten (10) days in a three (3) month period at any one location with a minimum of sixty (60) days between permits;

c.

No portion of the sales or display area shall be within twenty-five (25) feet of the property line abutting a public street or within thirty-five (35) feet of the street curb, whichever is greater;

d.

No more than ten percent (10%) of the required off-street parking space or loading area will be utilized for such sales, display, or storage;

e.

Any food or drink sold shall be in accordance with Article 12-1, Food Service Sanitation, of this code.

2.

Contractor's office and equipment sheds accessory to a construction project provided that:

a.

Only one office may contain sleeping or cooking accommodations;

b.

Ingress and egress must be from arterial or collector streets except, however, the building official may approve a location with access to a minor street upon finding that such location would result in less traffic on streets in residential areas;

c.

The use may continue for a period not to exceed one (1) year in the same location, unless an extension of the period shall have been granted by the building official; and

d.

The temporary structure shall be located on or immediately adjacent to the construction project site, but in no case shall it be located within two hundred (200) feet of an existing one- or two-family residence.

3.

Temporary cement, concrete, or asphalt batching facilities in agricultural, commercial, and industrial zoning districts in accordance with the following provisions:

a.

The temporary facility is used in connection with the construction of a permanent building, street, or similar project within the city limits;

b.

The permit shall be granted for a maximum of six (6) months. The city manager has the authority to extend the permit for a maximum of an additional six (6) months;

c.

The temporary facility shall not be located within two hundred (200) feet of an existing one- or two-family residence, and the permit shall provide for the mitigation of land use conflicts and other negative impacts to the nearby properties caused by the temporary facility, including but not limited to, the impacts of dust, noise, visual impacts, parking requirements, and/or hours of operation.

4.

Real estate sales office for activities incidental to the marketing of properties in the subdivision in which located provided that:

a.

The office shall not contain sleeping or cooking accommodations unless located in a model home;

b.

Any such office may remain for one year if in a trailer; and

c.

Any such office may remain for two (2) years if in a model home or until ninety (90) percent of the properties therein have been sold, whichever is sooner;

d.

When located in a model home, a permit for a temporary real estate sales office may be reissued by the building official, following a proper application for same.

5.

Holiday related sales, such as Christmas trees and pumpkins, in any zoning district other than residential, and in any zoning district when on any property associated with a church or school, public or private. Permits may be issued for a period of time not to exceed forty-five (45) days. All activities shall be set back twenty (20) feet from any adjacent property containing a one- or two-family residence in addition to all temporary structures meeting the setback requirements of the zoning district in which the sale is located. The sale of fireworks is regulated by Division 7-11-1 of this Code.

6.

Residential garage or yard sales of used personal and household goods in accordance with the provisions of Article 7-20, Residential Sales, of this Code.

7.

Farmers markets, auctions, and arts and crafts fairs in any zoning district other than residential and limited to a period of not more than sixty (60) days in the same location during any one-year period.

8.

Display of goods and merchandise related to seasonal sales of live planting stock, landscaping materials, and firewood conducted outside of enclosed buildings or within a temporary structure in any zoning district where such use is allowed subject to the following conditions:

a.

No permits shall be issued for locations within one-quarter (¼) mile of an existing permanent business whose principal use involves the sale of goods and materials that are similar in type and character as the proposed temporary use.

b.

For locations within one mile of an existing permanent business whose principal use involves the sale of goods and materials that are similar in type and character as the proposed temporary use., the use shall occur for two (2) periods of not more than six (6) weeks each, with a minimum of twelve (12) weeks between each six (6) week period, in any calendar year, except as may be permitted as a permanent use by other provisions of this Code;

c.

For locations greater than one mile from an existing permanent business whose principal use involves the sale of goods and materials that are similar in type and character as the proposed temporary use, the use shall occur for two (2) periods of not more than ten (10) weeks each, with a minimum of twelve (12) weeks between each ten (10) week period, in any calendar year, except as may be permitted as a permanent use by other provisions of this Code;

d.

The use shall be associated with and in addition to a permanent business located within the city limits whether at the location of the permanent business or on property elsewhere within the city limits.

e.

A maximum total area of ten thousand (10,000) square feet may be used for temporary structures and open display and sales of seasonal outdoor merchandise;

f.

No portion of the display shall be located in any required front yard setback or on property owned by or dedicated to the public; and

g.

No portion of the display shall be located such that it interferes with the primary traffic circulation or reduces the provided off-street parking spaces below the minimum required for the enclosed building or buildings.

9.

Promotional activities of existing businesses involving the outdoor display of goods and merchandise or involving the use of a temporary structure outside of their permanent commercial building and upon the business's premises shall be subject to the following conditions:

a.

The use shall occur for a period of not more than a total of twenty (20) days in any three (3) month period;

b.

No portion of the display shall be within twenty-five (25) feet of the property line abutting a street or within thirty-five (35) feet of the street curb whichever is greater;

c.

No more than ten percent (10%) of the required off-street parking space or loading area will be utilized for such display, storage, or dispensing;

d.

Any food or drink sold shall be in accordance with Article 12-1, Food Service Sanitation, of this code.

10.

Declared Natural Emergency related assistance or repair services that are provided following a declared emergency event operated outside of an existing commercial building or within a tent structure subject to the following conditions:

a.

The use shall occur for a period of not more than thirty (30) days during a declared emergency period. The building official may grant an additional thirty (30) days if special circumstances exist such that the need for said use within the community remains and any impact on the surrounding area has been sufficiently mitigated.

b.

No portion of the provided services or tent structure shall be located within twenty-five (25) feet of a public street right-of-way.

c.

No more than ten (10) percent of any required off-street parking of any existing development may be used for said services or tent structure.

d.

The use shall be located within any C-5 General Commercial District or any industrial zoning district or, for non-profit organizations, the planning director may approve the use within another zoning district.

e.

The building official may waive the fee and deposit requirements for non-profit organizations providing assistance free of charge to the general public.

11.

Horse show, exhibition, or competition as a special event at any commercial or private stable.

12.

Transient commercial amusement enterprises such as carnival or circus provided the requirements of Article 7-8, Circuses, Carnivals, and Amusement Rides, of this Code have been met.

13.

Special events of public interest including theatrical, musical, and religious productions conducted outdoors or inside a tent structure in any zoning district except residential provided that the use occurs for a consecutive period of not more than thirty (30) days and a total of not more than sixty (60) days in the same location during any one year if such use is not the principal use of the property. Special events on public property shall meet the requirements of Division 7-31-1, Parades and Assemblies, of this Code.

14.

Temporary signs in accordance with the provisions of Section 18-9-1-909 of this Code.

15.

Nothing in this section shall be construed to prohibit the display and sale of newspapers, periodicals or similar print stock within self-vending machines located outside any building in any commercial or industrial zoning district.

(Ord. No. 11-18, § 2, 5-24-2011; Ord. No. 11-27, § 1, 6-28-2011; Ord. No. 12-47, § 1, 12-11-2012; Ord. No. 14-20, § 9, 6-10-2014)