Subject to the limitations of this article, temporary uses as
hereinafter specified are permitted in the zoning districts hereinafter
specified.
As used in this chapter, the following terms shall have the
meanings indicated:
A use that:
A.
Permit required. Except as provided in § 22-31A below, no temporary use shall be established or maintained unless a zoning permit evidencing the compliance of such use with the provisions of this chapter shall have first been issued in accordance with § 22-107 of this chapter; provided, however, that permitted temporary uses of publicly owned or leased buildings and property shall be exempt from this requirement.
B.
Basis for permit denial. Such a zoning permit may be denied if the
Zoning Administrator determines that the applicant has failed to comply
with the standards, conditions, or terms of any previously issued
zoning permit for a temporary use or that the permanent use of the
subject property fails to comply in all respects with the provisions
of all Village ordinances regulating the development, use, and maintenance
of the property. Such a permit shall be denied if the Zoning Administrator
determines that the public health, safety, or welfare would be, or
may reasonably be expected to be, impaired by the issuance thereof.[1]
C.
Conditions on permit. Such a zoning permit may be conditioned upon
such special requirements as the Zoning Administrator may determine
are necessary to achieve the purposes of this chapter and to protect
the public health, safety, and welfare.
Subject to the specific regulations and time limits following,
and to the other applicable regulations of the district in which the
use is permitted, the following temporary uses, and no others, are
permitted in the zoning districts herein specified:
A.
House, apartment, garage, and yard sales: in any residential or agricultural
district, but only when limited to the personal possessions of the
owner-occupant of the dwelling unit at which the sale is being conducted.
Such use shall be limited to a period not to exceed three consecutive
days, and no more than three such sales shall be conducted from the
same residence in any twelve-month period. No zoning permit shall
be required for such use.
B.
Indoor and outdoor art, craft, and plant shows, exhibits and sales:
in any commercial, business, agriculture, or conservation district;
provided, however, that any such use shall require the specific prior
approval of the Zoning Administrator on the basis of the adequacy
of the parcel size, parking provisions, traffic access, and the absence
of undue adverse impact on other properties. Every such sale shall
be limited to a period not to exceed three days.[1]
C.
Christmas tree sales: in any commercial district and, when conducted by a not-for-profit religious, philanthropic, or civic group or organization on property owned or leased by such group or organization, in any residential, agriculture, or conservation district; provided, however, any such use shall require the specific prior approval of the Zoning Administrator on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed 60 days. Display of Christmas trees need not comply with the yard requirements of this chapter, except that no tree shall be displayed with the vision setback area defined in § 22-93E of this chapter.
D.
Contractors' offices and equipment sheds: in any district when accessory
to a construction project. No such use shall contain any sleeping
or cooking accommodations. Such use shall be limited to a period not
to exceed the duration of the active construction phase of such project.
E.
Real estate office, including model units: in any district when an
accessory use to a new development. No such use shall contain any
sleeping or cooking accommodations unless located in a model dwelling
unit. Such use shall be limited to the period of the active selling
or leasing of units or space in such development and to activities
related to the development in which such office is located. No such
office shall be used as the general office or headquarters of any
firm.
F.
Carnivals and circuses: in any district, but only when sponsored by a not-for-profit religious, philanthropic or civic group or organization; provided, however, that any such use shall require the specific prior approval of the Zoning Administrator on the basis of the adequacy of the parcel size, parking provisions, and traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed 10 days. Such use need not comply with the yard requirements of this chapter, except that structures or equipment that might block the view of operators of motor vehicles on any public or private street shall not be located within the vision setback area defined in § 22-93E of this chapter. Such use need not comply with the height requirements of this chapter. The concessionaire responsible for the operation of any such carnival or circus shall:
(1)
Submit in advance of the event date a site layout displaying adequate
ingress and egress routes for emergency vehicles and no dead-end aisles;
(2)
Provide fire extinguishers of a type and at site locations approved
by the Zoning Administrator;
(3)
Provide and service metal refuse containers in the number and locations
required by the Zoning Administrator; and
(4)
Upon written notice from the Zoning Administrator, terminate the
use of any amusement device or structure found by the Zoning Administrator
to pose a threat to the public safety.
G.
Tents: in any district, in connection with any permitted, accessory, temporary, or conditional use. No tent shall be allowed to remain for a period of more than two days longer than the period during which the use with which it is associated is allowed to remain or, in the absence of any such period, 10 days. Unless waived in writing by the Zoning Administrator, every tent shall comply with the bulk, yard, and space requirements applicable to accessory uses pursuant to § 22-22.
H.
Civic uses of public property: any civic use of any public building
or property when authorized by the governmental agency owning or controlling
such property, provided that no such use shall impose an undue adverse
effect on neighboring streets or property.
Except as expressly provided otherwise in § 22-31 above, every temporary use shall comply with the bulk, yard, and space regulations applicable in the district in which such temporary use is located.
A.
General limitations. Every temporary use shall comply with the use limitations applicable in the district in which it is located as well as with the limitations made applicable to specified temporary uses by § 22-31 above. No temporary use shall be permitted if it would have a significant negative impact, including aesthetic impact, on any adjacent property or on the area as a whole.
B.
Hours and days of operation. No temporary use shall be operated during any hours or on any days of the week except such as are designed by the Zoning Administrator, in the permit required by § 22-30 of this article, on the basis of the nature of the temporary use and the character of the surrounding area.[1]
C.
Public safety. No temporary use shall be permitted unless the Fire
Department shall have first certified that such use will result in
no additional, undue on-site or off-site threat to public safety.
No temporary use shall be operated except in accordance with such
restrictions and conditions as said Department may require in connection
with such certifications. If required by the Zoning Administrator,
the operator of the temporary use shall employ a fire watch team and
appropriate security personnel.
D.
Traffic. No temporary use shall be permitted if additional vehicular
traffic reasonably expected to be generated by such temporary use
would have undue detrimental effects on surrounding streets and uses.
E.
Conflicts with other temporary uses. No temporary use shall be permitted
if such use would conflict with another previously authorized temporary
use.
F.
Sign limitations. Signs shall be located only on the same zoning
lot as the temporary use, be limited to no more than one per street
frontage, be set back at least six feet in area in any residential
district or 20 square feet in area in any other district, be of sturdy
construction, and not be detrimental to the character of the area.
Such signs shall not be erected sooner than 24 hours before the commencement
of the temporary use and shall be removed within 24 hours following
the termination of the temporary use.
G.
Parking. Before approving any temporary use, the Zoning Administrator
shall make an assessment of the total number of off-street parking
spaces that will be reasonably required in connection with the proposed
temporary use, on the basis of the particular use, its intensity,
and the availability of other parking facilities in the area, and
shall approve such temporary use only if such off-street parking is
provided. No temporary use shall be authorized that would, in the
opinion of the Zoning Administrator, unreasonably reduce the amount
of off-street parking spaces available for use in connection with
the permanent uses located on the zoning lot in question.
H.
Additional conditions. Every temporary use shall, in addition, comply
with, and the Zoning Administrator may impose, such other conditions
as may reasonably be necessary to achieve the purposes of this chapter
or to protect the public health, safety, and welfare.
