SECTION 8

TEMPORARY /ACCESSORY USE REGULATIONS

8.000 TEMPORARY USES

Provisions authorizing temporary uses are intended to permit occasional, temporary uses and activities when consistent with the purposes of the zoning regulations and when compatible with other nearby uses.

8.100 TEMPORARY USE TYPES

The following types of temporary uses may be authorized, subject to specific limitations herein and such additional conditions as may be established by the Director of Planning and Building.

1. Model homes or apartments and related real estate sales and display activities located within the subdivision or residential development to which they pertain.
2. New subdivisions or apartments and related real estate sales and display activities located within the subdivision or residential development to which they pertain.
3. A temporary sales office for use in development of a new subdivision may be established and operated within the subdivision for a period not to exceed four (4) years from the date of the first construction permit issued in the subdivision or until ninety-five percent (95%) of the lots therein are sold, whichever occurs first; provided that extension of time may be granted by the Board of Adjustment on application duly made for a special exception or temporary permit to continue such temporary use.
4. Public, religious, patriotic, or historic assemblies, displays or exhibits, including festivals, benefits, fundraising events or similar uses which typically attract a mass audience shall require any use district other than residential. (Exception: religious assembly in residential districts.)
5. Circuses, carnivals, rodeos, fairs, or similar transient amusement or recreational activities not closer than two hundred (200) feet to an existing dwelling shall require any use district classification other than residential.
6. Outdoor art and craft shows and exhibits shall require any use district classification other than residential.
7. Christmas tree sales lots shall require any use district classification other than residential.
8. One house trailer or mobile home to serve as a dwelling may be permitted on a construction site during construction, upon application to the Director of Planning and Building setting out the need therefore, to provide security against theft or vandalism of materials or equipment or other property left on the site during night time. This permit shall allow no more than one such dwelling per construction site, shall be effective for no more than six (6) months, and shall be renewable, upon application, for no more than one additional six (6) month period. Denial of such a permit may be appealed to the Board of Adjustment.
9. Outdoor special sales, including swap meets, flea markets, parking lot sales or similar activities, limited to locations in commercial or industrial districts, and when operated not more than three (3 ) days in the same week or more than five (5) days in the same month.
10. Temporary use of mobile trailer units or similar portable structures for non-residential uses, located in districts other than the Historic Overlay District (HO) where the use is a permitted use, and limited to a maximum period of six (6) months. Exception: KIOSK located in the Historic Overlay District (HO) where the use is a permitted use.
11. Seasonal retail sale of agricultural or horticultural products raised or produced on or off the premises. To be limited to 120 days per calendar year.
12. Additional temporary uses determined to be similar to the foregoing by the Director of Planning and Building.

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8.200 ACCESSORY USE REGULATIONS

The purpose of these provisions is to establish the relationship among the principal and accessory uses and to establish provisions governing the conduct of accessory uses.

8.210 Principal Use Including Accessory Use

Principal uses specified as permitted uses or conditional uses for a district by the Zoning District Regulations shall be deemed to include accessory uses and activities identified by these regulations and such other accessory uses that are necessarily and customarily associated with and are appropriate, incidental, and subordinate to such principal uses. Accessory uses in each district, except as otherwise provided in these regulations.

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8.220 Accessory Uses: Residential Use Types

Residential use types include the following accessory uses, activities and structures on the same site or lot. Residential accessory activities and meetings shall not generate guest traffic to the site exceeding ten (10) vehicles during any two (2) days or twenty-four (24) hour period per week or thirty (30) vehicles during any one (1) week.

1. Private garages and parking for the principal use.
2. Recreational activities and facilities for use by residents.
3. Religious study meetings.
4. Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings.
5. Radio and television receiving antennas and dish-type receivers of satellite signals.
6. Solar collectors.
7. One guest house in the single family residential district on a lot of 10,000 square feet or greater.
8. Keeping of dogs and cats and similar small domestic animals as household pets.
9. Garage or yard sales - no more than three (3) in any one year and not exceeding three (3) consecutive days.
10. Home Occupations in compliance with Section 8.300.
11. Bed and Breakfast. Tourist lodging services within rooms of the property owner’s principal residence or one (1) separate guest house, per Section 8.200 (G), within a single property served by a single water and electrical meter and subject to the limitations of home occupations. Section 8.300.

EXCEPTION: In a single family residential district the primary residence may be used as a Bed and Breakfast without it being the property owner’s principal residence but limited to one (1) single Bed and Breakfast rental, dwelling unit per property. A Bed and Breakfast use may be evidenced by association with a Bed and Breakfast Accommodation and Reservation Service. To qualify as a Bed and Breakfast the owner must provide proof of the collection and payment of State and local Hotel/Motel Occupancy Tax to the city upon request.

1. Registered Family Homes.
1. Other necessary and customary uses determined by the Director of Planning and Building to be appropriate, incidental and subordinate to a principal use.

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8.230 Accessory Uses: Commercial and Industrial Types

Commercial or industrial use types include the following accessory uses, activities, and structures on the same site or lot:

Any other commercial or industrial use type that is not listed as a permitted use in the same district, and complies with all of the following criteria:

1. Is operated primarily for the convenience of employees, clients or customers of the principal use.
2. Occupies less than ten percent (10%) of the total floor area of the use.
3. Is located and operated as an integral part of the principal use and does not comprise a separate business use or activity.

8.240 Accessory Uses: Civic Use Types

Civic use types include accessory uses and activities necessarily and customarily associated with the purpose and function of the civic use as a principal use, including, but not limited to, the following on the same site or lot:

1. Refreshment stands and food and beverage sales of a convenience nature in uses involving public assembly.
2. Cafeterias, dining halls, and similar eating and beverage services operated incidental to principal uses and primarily for the convenience of employees, residents, clients, patients or visitors thereof.
3. Gift shops, newsstands and similar commercial activities operated incidental to principal uses and primarily for the convenience of employees, residents, clients, patients or visitors thereof.
4. Parking for the principal use.

8.250 Temporary Accessory Building

1. Residential. A maximum of two (2) temporary buildings which are not attached permanently to a foundation, each of which does not exceed one hundred fifty (150) square-feet in gross floor area, and ten (10) feet in height, shall be permitted as accessory buildings on a residential lot, provided that such buildings are secured to the ground in a manner approved by the Director of Planning and Building.
2.  
3. Commercial and Industrial. A maximum of two (2) temporary buildings which are not attached permanently to a foundation, each of which does not exceed five hundred (500) square-feet in gross floor area, and ten (10) feet in height, shall be permitted as accessory buildings on a lot zoned C-2 or more permissive, provided that such buildings are located to the rear of the main building, and are secured to the ground in a manner approved by the Director of Planning and Building.

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8.260 Permanent Accessory Building

Permanent accessory buildings and structures shall be permanently attached to a slab or foundation.

8.270 Yards and Accessory Buildings

All accessory buildings shall be subject to the following setback provisions:

1. Front Yard. Accessory buildings shall have a front yard not less than the main building.
2. Side Yard. There shall be a side yard not less than five (5) feet from any side lot line, or easement line, except that adjacent to a side street, the side yard shall never be less than fifteen (15) feet.
3. Rear Yard. There shall be a rear yard not less than three (3) feet from any lot line, alley line or easement line, except that if no alley exists, the rear yard shall not be less than ten (10) feet as measured from rear lot line.

8.300 HOME OCCUPATIONS

Home occupations accessory to residential use shall be subject to the following limitations:

1. The home occupation shall be conducted entirely within a dwelling unit which is the bona fide residence of the practitioner (s), or entirely within only one accessory garage building (not including a carport).
2. No person other than a family member who resides in the dwelling unit shall participate in the home occupation on the premises.
3. The residential character of the lot and dwelling shall be maintained. Neither the interior nor the exterior of the dwelling shall be structurally altered so as to require compliance with nonresidential construction codes to accommodate the home occupation. No additional buildings shall be added on the property to accommodate the home occupation.
4. The home occupation shall not generate customer related vehicular traffic.
5. No direct selling of merchandise shall occur on the premises.
6. No equipment or materials associated with the home occupation shall be displayed or stored where visible from anywhere off the premises.
7. The occupation shall not produce external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste run-off outside the dwelling unit or on the property surrounding the dwelling unit.
8. No vehicle used in connection with the home occupation which requires a commercial driver’s license to operate shall be parked on the premises or on any street adjacent to the residentially zoned property.
9. The home occupation shall not be advertised by any signs on the premises, including business signs on vehicles, nor shall the street address of the home be advertised through signs, billboards, television, radio, newspapers or other forms of direct advertising.
10. Nothing herein shall be construed to allow the following businesses or occupations as home occupations: animal hospitals, animal breeding, clinics, hospitals, contractor yards, dancing schools, junk yards, restaurants, rental outlets, vehicle repair shops or massage parlors.
11. Deliveries from commercial suppliers may not be made more than once each week, and deliveries shall not restrict traffic circulation.