§ 21-281. Temporary uses.  


Latest version.
  • Temporary uses are allowed subject to the following requirements:

    (1)

    Certain uses of a temporary nature, defined as being less than forty-five (45) days in duration and held no more than five (5) times a year, including, otherwise not permitted in a particular district:

    a.

    Christmas tree sales;

    b.

    Religious activities;

    c.

    Activities by civic organizations;

    d.

    Yard sales;

    e.

    Other similar uses.

    (2)

    Other temporary uses not listed may be granted by the board of commissioners. In considering approval of a temporary use, the board may attach reasonable and appropriate conditions to ensure that the public health, safety and welfare are protected. The approval of a temporary use shall be in accordance with the following:

    a.

    The proposed use will not endanger the public health, safety and welfare;

    b.

    The proposed use will not have a substantial negative impact on the adjoining properties;

    c.

    The use will be approved for a specific period of time, not to exceed two (2) years unless deemed necessary by the board of commissioners in accordance with section 21-11. Extension of the temporary use beyond the approved time shall require approval of the board of commissioners in the same manner as the original.

    (3)

    Type I, II, and III manufactured homes with skirting as provided by section 21-276 may be approved for certain temporary use by the zoning administrator, contingent on a documented need. Temporary uses may be approved for:

    a.

    A temporary residence during construction of a dwelling. Documentation shall be provided that the construction of the dwelling will commence and be completed within a reasonable time. In no situation shall this temporary use be granted for more than twenty-four (24) months.

    b.

    As a temporary residence for a medical hardship. This use shall be allowed for the duration of the medical hardship.

    When the situation resulting in the temporary use no longer is needed, or the time period allowed expires, the subject manufactured home shall be removed or made a conforming use.

    (4)

    Temporary family health care structures, as defined by this ordinance, may be permitted as an accessory use in accordance with section 21-113 subject to the following standards:

    a.

    The structure must be used by a caregiver or a named legal guardian in providing care for a mentally or physically impaired person on property containing the caregiver or legal guardian's residence or on property owned by the caregiver;

    b.

    Subject to principal structure setbacks listed in section 21-84;

    c.

    Only one temporary family health care structure shall be allowed on a lot or parcel of land and may not contain a permanent foundation;

    d.

    Application for a temporary family health care structure must include a doctor's certification identifying the mentally or physically impaired person's need. Subsequent annual certifications are necessary to maintain the structure's status as a qualified temporary family health care structure; and

    e.

    The temporary health care structure shall be removed within sixty (60) days of the mentally or physically impaired person no longer receiving or is no longer in need of the assistance provided for in this section.

(Ord. of 1-19-98, § XII; Ord. of 2-1-99(1); Amend. of 3-7-05; Amend. of 9-6-11; Amend. of 4-21-14; Amend. of 9-6-16)