Land Development Code :: Back to Table of Contents

Section 1206.04    Temporary Uses

  1. Permit Required
    A permit for temporary uses may be issued within any zone district provided such temporary use meets the requirements of this section. The permit shall be issued for a specified period and shall contain such conditions as are necessary for protection of the public health and safety and as necessary to mitigate any potential adverse impacts. The City Council, or the City Manager, as authority is specified, may require such assurances or guarantees of compliance with conditions as is reasonable and appropriate under the circumstances.

  2. The following temporary uses may be permitted by City Council:
    1. Holiday Sales
      1. Holiday sales activities, such as sales of Christmas trees, shall be
        permitted temporary uses in the following Districts:
        1. District 5-Village Core/Historic District
        2. District 6-Western Hudson Gateway
        3. District 7-Outer Village Commercial Corridor and Office
          Overlay Zone
        4. District 9-Darrowville Commercial Corridor.
      2. The term of the temporary use permit shall not exceed sixty (60) days
      3. Permitted holiday sales activities may occur within required zone
        district setbacks, provided that no display shall encroach into a
        required setback by more than fifty (50) percent of the required
        setback depth and provided that no display or related equipment shall be located within a required sight triangle.

    2. Seasonal Sales:
      1. Seasonal sales of farm produce and packaged agricultural products shall be permitted as a temporary use in the following Districts:
        1. District 2-Rural Residential Conservation
        2. District 5-Village Core/Historic District
        3. District 7- Outer Village Commercial Corridor and Office
          Overlay Zone
        4. District 9-Darrowville Commercial Corridor
        5. District 10-Ravenna Road Mixed-Use Corridor
      2. Structures incidental to such sales need not comply with the applicable front setback requirements provided that no such structure shall be located within a required sight triangle.
      3. The term of the temporary use permit shall not exceed sixty (60) days.
      4. All structures incidental to such sales shall be removed at the end of the season during which they are used.

    3. Special Events:
      1. Special events shall be a permitted temporary use in the following Districts:
        1. District 2-Rural Residential Conservation
        2. District 5-Village Core/Historic District
        3. District 6-Western Hudson Gateway
        4. District 7-Outer Village Commercial Corridor and Office
          Overlay Zone
        5. District 8-Industrial/Business Park
        6. District 9-Darrowville Commercial Corridor
        7. District 10-Ravenna Road Mixed-Use Corridor
      2. The term of the temporary use permit shall not exceed three (3) weeks.
      3. Permitted carnivals/circuses may occur within required zone district setbacks, provided that no display shall encroach into a required setback by more than fifty (50) percent of the required setback depth and provided that no display or related equipment shall be located within a required sight triangle.

    4. Temporary Housing:
      1. A mobile home or camper may be permitted as a temporary use in all Districts for the purpose of providing a temporary residential structure following a disaster, such as fire, windstorm, or flood.
      2. Such temporary housing shall be located to minimize its impact on any adjacent residential uses. A sketch plan showing the proposed location shall be approved by the City Manager as part of the permit application.
      3. The term of the temporary use permit shall be no more than six (6) months, except that the City Manager may extend the term for an additional six-month period upon showing of good cause by the owner.
      4. Permitted temporary housing shall be removed within thirty (30) days after the completion of the permanent residential structure on the site, even if the temporary use permit is still valid.

  3. Contractor's Office/Temporary Construction Uses may be permitted by the CityManager as follows:
    1. Permitted in all Districts. The use of construction sheds or construction
      trailers in connection with site construction, or an area used for the temporary storage of building materials and equipment necessary for construction of a permanent use, are permitted temporary uses in all Districts, subject to the following regulations and restrictions.

    2. Term of permit. The term of a temporary use permit for construction uses shall automatically expire thirty (30) days after completion of construction, or upon cessation of construction for more than sixty (60) days, or one (1) year after issuance, whichever occurs first. The City Manager may grant up to three, six-month extensions if the builder maintains active and continuous construction on the site or within the subdivision.

    3. Site requirements.
      1. A construction trailer, construction shed, or a construction yard, shall be located on the lot on which construction is progressing and shall not be located within twenty-five (25) feet of any abutting residential use.
      2. A construction yard may be sited on a lot adjacent to the construction site provided that access from the temporary construction yard to the construction site(s) does not affect public streets or surrounding uses
      3. Siting of a temporary construction yard shall provide adequate
        buffering for adjacent structures and uses.
      4. A construction yard shall be maintained in good condition during the time of its use. Construction yards and sites shall be regularly mowed and weed growth shall be controlled. Trash and rubbish
        barrels/receptacles shall be provided on-site and trash pick-up and removal shall occur on at least a weekly basis.

    4. Dwelling prohibited. A construction trailer or construction shed shall be used only as temporary field offices and for storage of incidental equipment and supplies, and shall not be used as any type of dwelling.

    5. Commencement of use. A construction trailer or construction shed, or a
      temporary construction yard, shall be moved, erected, or established on a construction site no earlier than two (2) weeks prior to the date on which construction actually commences. If construction is interrupted and ceases for more than sixty (60) days, a construction trailer or construction shed shall be removed until actual construction commences again.

    6. Fire hazards. No flammable materials, as defined in the City's Fire Code, shall be stored in the construction trailer or construction shed.

    7. Trailer/shed requirements:
      1. All construction trailers and construction sheds shall have at least ten (10) feet on all sides for clearance. Two or more construction trailers may be joined for passage from trailer to trailer.
      2. All construction trailers and construction sheds shall contain solid floors, electric lights, heat, and doors with locks.
      3. Every construction trailer and construction shed shall be maintained in clean and orderly condition, with rubbish barrels for waste materials.

    8. Completion of temporary use: Upon completion of the temporary use, the site shall be cleaned, all evidence of the use(s) removed, and left in a condition that minimizes adverse impacts to the site itself and to surrounding properties.                                                                             


d.   Portable Storage Units may be permitted by the City Manager as follows:

The use of portable storage units manufactured for that purpose, commonly known as PODS – Portable On-Demand Storage and similar products which are placed onto a property for a temporary period are permitted, provided they are in compliance with the provisions of this subsection. Such temporary use may be used as temporary storage of personal property or to transport such property to a different location. Portable storage units shall not be considered structures under the provisions of this code if registered with the City and in compliance with the following regulations and restrictions.

1.   Registration Required.  Prior to their use, all portable storage   units shall be registered with the Department of Community Development.

2.   Term and cost of permit.  Upon registration, portable storage units shall be allowed for no more than two (2) periods in any twelve (12) month period, one (1) period no more than sixty (60) days in length and another period not more than thirty (30) days in length, except that the City Manager may extend either of the periods upon a showing of extenuating circumstances, such as repair for fire damage.  No fee shall be charged for the application or issuance of this temporary use permit.

3.   Site requirements.  The portable storage unit must be placed on a paved or graveled surface and be at least five (5) feet from all property lines and must be placed within a rear yard area if accessible by an existing driveway.  The number of portable storage units shall not exceed two and each shall be no larger than ten (10) by eighteen (18) feet.”