[Ord. No. 4190, 2-1-2021]
A. The purpose of this Article is to establish standards for temporary
uses and structures and to minimize the impacts such uses and structures
may have on surrounding properties or the community.
[Ord. No. 4190, 2-1-2021]
A. The permitted temporary uses and structures are listed in Section
420.190,
Additional Standards for Specific Temporary Uses
and Structures.
[Ord. No. 4190, 2-1-2021]
A. Temporary uses and structures shall:
1.
Not have substantial adverse effects or noise impacts on nearby
residential neighborhoods;
2.
Contain sufficient land area to handle the temporary use or
structure without disturbing environmentally sensitive lands; and
3.
Accommodate the parking and traffic movement associated with
the temporary use.
B. Temporary uses and structures are not subject to the dimensional standards in Chapter
415,
Zoning Districts, unless
otherwise stated in this Code.
[Ord. No. 4190, 2-1-2021]
A. Generally.
1.
Conflicts.
a.
Where a use-specific standard is imposed, it is to be followed
in lieu of a general provision of this Code.
b.
Where the use-specific standard does not address a required
standard and it is otherwise contained in this Code, the standard
in this Code shall be followed.
c.
In the event of a conflict between the use-specific standards
and other standards of this Code, the use-specific standards shall
control.
2.
Modifications And Waivers.
a.
The standards of this Article may be waived or modified through
one (1) of the following procedures, except where an alternative procedure
is specified in this Article:
(4) Zoning Map amendment (Section
405.100) to planned unit development (Section
415.130).
B. Construction Trailer.
1.
The construction trailer shall:
a.
Be located on the same site or in the same development as the
related construction;
b.
Be associated with development for which a valid building permit
has been or will be issued;
c.
Be allowed to remain on the site until the issuance of a certificate
of occupancy; and
d.
Comply with Section
365.110,
Permits For Parking, of the Municipal Code.
2.
A sales/leasing office of the developer or his/her designated
realty agent may be conducted on the premises. This sales/leasing
activity shall be limited to sale of lots and/or sale/leasing of dwelling
units of the designated subdivision or development. Under no circumstances
shall this sales/leasing office be the principal business location
of the developer or his/her designated realty agent.
C. Display House.
1.
One (1) display house per fifteen (15) dwelling units proposed
for the overall subdivision or development shall be permitted [a minimum
of one (1) display house, with a maximum of five (5) display houses].
2.
Display houses are to be clustered and shall be located within
six hundred (600) feet of a fire hydrant.
3.
Where applicable, pedestrian walkways shall be provided between
and connecting the parking area and the various display/model units.
4.
Construction of the display house may commence when an all-weather
road is completed to the site in thickness and width equivalent to
the required aggregate base for City streets and in the location of
a proposed City street.
5.
Display houses may be constructed prior to approval and recording of a record plat (Section
405.130) subject to the following conditions:
a.
The preliminary plat (Section
405.120) and improvement plan (Section
405.180) have been approved.
b.
A building permit is issued (Section
500.010).
(1) Prior to the issuance of a building permit, if the record plat has not been recorded, the applicant shall submit a construction financial guarantee in accordance with Chapter
430, Article
IX,
Required Improvements and Guarantees.
(2) The financial guarantee shall be in an amount equal
to the cost to remove or demolish the display houses.
(3) The financial guarantee shall be refunded to the
applicant at the time the record plat is recorded with St. Charles
County.
(4) The City may draw upon the financial guarantee to remove or demolish the display houses in accordance with Subsection
(C)(5)(e).
c.
The display house shall be on an approved lot of record within
one (1) year of the issuance of a building permit, unless a longer
period is approved by the Community Development Director.
d.
If the record plat has not been filed within that time frame,
the owner of the property shall be responsible for the removal of
all display houses from the property.
e.
Failure of the owner to remove the display houses from the property
within thirty (30) days constitutes the granting of authority to the
City to remove the display houses, the cost of which shall be borne
by the owner and may become a lien against the property.
6.
Use of the display house may commence prior to the installation
of streets and other improvements, provided that the owner shall secure,
as applicable, permission from the applicable fire protection district.
7.
A sales/leasing office of the developer or his/her designated
realty agent may be conducted on the premises. This sales/leasing
activity shall be limited to sale of lots and/or sale/leasing of dwelling
units of the designated subdivision or development. Under no circumstances
shall this sales/leasing office be the principal business location
of the developer or his/her designated realty agent.
8.
Display houses may be used until all lots and dwelling units
within a subdivision or development are sold or leased.
9.
Prior to the listing of the units used for display purposes
for sale/lease to the general public, the developer shall return the
units to a habitable condition, removing all improvements made for
the conduct of business.
D. Garage Sales.
1.
Shall comply with Chapter
215, Article
XIV,
Garage Sales, of the Municipal Code.
E. Mobile Food And Beverage Service.
1.
Shall comply with Chapter
250,
Special Events, of the Municipal Code.
F. Outdoor Displays And Sales.
1.
Outdoor displays and sales are permitted in nonresidential and
mixed-use zoning districts.
2.
Display areas shall be on paved surfaces only.
3.
Parking spaces may be used if the remaining parking spaces are
sufficient to meet the minimum parking requirements.
4.
Loading zones shall not be used.
5.
Pedestrian facilities shall be preserved.
6.
Vehicular movement shall not be altered.
7.
Pavement marked for fire and emergency lanes is not used or
negatively impacted.
8.
Only seasonal merchandise that is regularly offered by retail
business may be offered in temporary outdoor display areas.
9.
No additional signage shall be allowed.
10.
The Community Development Director may impose additional restrictions
unique to individual site circumstances.
G. Portable Storage Container.
1.
Shall comply with Chapter
530,
Regulation of Portable
Storage Containers, of the Municipal Code.
H. Special Event.
1.
Shall be in accordance with Chapter
250,
Special Events, of the Municipal Code.