[Added 9-2-2008 by Ord. No. 08-47; amended 11-21-2016 by Ord. No. 16-39]
A. Purpose and intent. A temporary use is designed to provide the Zoning Administrator with flexibility to allow uses that are short-term in nature. A temporary use shall not be inherently inconsistent with the uses allowed in a particular zoning district. The nature, character or circumstances of temporary uses are unique and dependent upon specific conditions. Therefore, specifying all temporary uses and associated standards, regulations or conditions necessary or appropriate for a temporary use permit to be granted is not practical. Applicants that obtain approval of a temporary use permit pursuant to this section are not required to obtain a business license pursuant to Article
VII of this chapter.
[Amended 7-20-2020 by Ord. No. 20-26]
B. The Village Board has authorized the Zoning Administrator, at his/her
discretion, the authority to approve, impose reasonable conditions
and issue a temporary use permit, provided that such temporary use
complies with the provisions of this chapter, its purpose and intent
and all other applicable federal, state, county and local requirements.
C. Permits and procedures for the issuance of a temporary use permit shall be pursuant to Article
IV of this chapter.
D. The issuance of a temporary use permit does not waive any other requirements
which are imposed by the Village's Zoning or Land Division Ordinances
or Building or Municipal Code.
E. Any violations of the terms and conditions of a temporary use permit is a violation of this chapter and is subject to Article
XIX of this chapter.
F. Specified temporary uses. It is recognized that it is neither possible
nor practicable to list all of the temporary uses that are acceptable;
however, the following temporary uses are specifically allowed:
(1)
Two principal dwellings on one property. No person shall begin
construction on a second principal structure wherein they intend to
live in the existing structure while the second structure is being
constructed without first obtaining approval of temporary use permit
by completing the required application and submitting details including
a site plan at a specified location and in compliance with the following
requirements:
(a)
A new single-family dwelling is allowed to be constructed on
an existing lot, provided that the underlying zoning district allows
for a single-family dwelling and further provided that the existing
old dwelling is razed upon completion of the new single-family dwelling.
(b)
The occupant(s) of the existing dwelling is allowed to live
in the existing dwelling while the new single-family dwelling is being
constructed on the property. However, only one dwelling shall be occupied
at any given time.
(c)
The new single-family dwelling shall comply with all setback
requirements of the underlying district. In addition, the new single-family
dwelling shall be located a minimum of 10 feet from the existing dwelling,
including decks and porches.
(d)
The new single-family dwelling shall comply with all Village,
county and state regulations and ordinances.
(e)
Within 60 days of obtaining a temporary certificate of occupancy for the new single-family dwelling, the following shall be completed, unless a time extension is granted pursuant to §
420-22J(2)(f) of this chapter:
[Amended 7-20-2020 by Ord. No. 20-26]
[1] The property owner shall completely remove the
old dwelling. Prior to razing the existing old dwelling, the property
owner shall submit an application for and obtain the required razing
permits from the Village.
[2] The property owner shall completely remove or relocate
any other accessory structures on the property that are or would be
classified as nonconforming structures after the old dwelling is removed.
Prior to razing or relocating any existing accessory structure, the
property owner shall submit an application for and obtain the required
permits from the Village.
[3] The property owner is responsible to remove all
debris, restore and stabilize the area occupied by the old dwelling
and comply with any other requirements or conditions of the razing
or relocation permits.
(f)
In no case shall any structures located on the property be classified
as a nonconforming structure once the new single-family dwelling is
constructed.
(g)
The temporary use permit does not waive any other requirements
which are imposed by the Village's Zoning or Land Division Ordinances
or Building or Municipal Code.
(h)
A certificate of occupancy shall not be issued by the Village
until all the conditions of the temporary use permit, the new single-family
dwelling permit, the razing permit and any other permits associated
with the application are satisfied.
[Amended 7-20-2020 by Ord. No. 20-26]
(i)
Additional conditions may be imposed to ensure compliance with
the provisions of this chapter, its purpose and intent and all other
applicable federal, state, county and local requirements.
(3)
On-site residential construction trailer. No person shall place
an on-site construction trailer on a property to be used during the
construction of one single-family or one two-family house without
first obtaining approval of a temporary use permit by completing the
required application and submitting details, including a site plan
at a specified location and in compliance with the following requirements.
(a)
Allowed on any lot zoned A-2, A-3, R-1, R-2, R-3, R-4, R-4.5,
R-5, R-6, R-8, or C-2, District. (Note: A construction trailer on
a commercial development site does not require approval of a temporary
use.)
(b)
A construction trailer shall be located on the property to which
it relates and shall not be used as a temporary dwelling unit.
(c)
The site on which the construction trailer is proposed to be
located shall have an active building, zoning or erosion control permit
issued by the Village.
(d)
The construction trailer shall meet the following setbacks:
[1] Street setback: a minimum of 30 feet from arterial
streets or highways and a minimum of 15 feet from nonarterial streets
or private roads.
[2] Shore setback: 75 feet minimum.
[3] Wetland setback: 25 feet minimum from the wetlands
on the same property and 10 feet minimum from the wetlands on adjacent
properties.
[4] Side setback: 15 feet minimum.
[5] Rear setback: 15 feet minimum.
[6] Separation between structures: 10 feet minimum.
(e)
The construction trailer shall be located in an area which is
accessible for emergency vehicles to the construction trailer and
the building under construction.
(f)
The construction trailers shall comply with all OSHA requirements.
(g)
The construction trailer shall be removed from the property
prior to issuance of a temporary certificate of occupancy for the
house or a maximum of two years from the date the permit was issued
for construction of the house, whichever comes first.
[Amended 7-20-2020 by Ord. No. 20-26]
(h)
Additional conditions may be imposed to ensure compliance with
the provisions of this chapter, its purpose and intent and all other
applicable federal, state, county and local requirements.
(4)
Truck, trailer or tent product sale (excluding sale of Christmas trees and roadside stands). No person shall conduct a truck, trailer or tent product sale on any property without first obtaining approval of a temporary use permit by completing the required application and submitting details including a site plan at a specified location and in compliance with the following requirements. Note: Roadside stands within agricultural district are allowed pursuant to §
420-88.1 of this chapter.
(a)
Allowed only in a business or manufacturing district.
(b)
No more than two separate sales are allowed on the property
per calendar year, provided that the length of the sale(s), collectively,
does not exceed a maximum six days per calendar year.
(c)
The truck, trailer or tent and associated parking for the product
sale shall be located within a paved parking lot, unless otherwise
approved by the Zoning Administrator.
(d)
The truck, trailer or tent shall be set back a minimum of 20
feet from all property lines, shall not be located within any designated
fire lanes and shall not block or obstruct traffic visibility on any
public street.
(e)
The product sale shall be limited to 8:00 a.m. until 8:00 p.m.
Monday through Saturday and 8:00 a.m. until 5:00 p.m. on Sunday.
(f)
Adequate on-site parking shall be provided.
(g)
The applicant is responsible for the security of the merchandise
during the event and during any overnight hours. The Village is not
responsible for security during this same event.
(h)
The truck, trailer or tent, signage and all trash/recycling
receptacles shall be removed for the site within 24 hours of completion
of the sale.
(i)
The applicant is required to obtain a tent permit from the Village
Fire & Rescue Department, and proper Fire & Rescue Department
inspections shall be obtained prior to use of the tent by the general
public.
(j)
Additional conditions may be imposed to ensure compliance with
the provisions of this chapter, its purpose and intent and all other
applicable federal, state, county and local requirements.
(5)
Christmas tree sales. No person shall open, maintain, operate
or conduct any place for the purpose of storing, selling or displaying
for sale any Christmas trees without first securing approval of a
temporary use permit, by completing the required application and submitting
details including a site plan for the specified location and in compliance
with the following requirements:
(a)
Definitions. For the purpose of this section, words and phrases
shall mean as follows:
CHRISTMAS TREES
Real or artificial trees of the varieties and kinds used
for decorative purposes and related items, such as wreaths, tree stands,
tree bags, etc., for use during the holiday season.
PUBLIC STREET
All that property set aside for street purposes or street
rights-of-way, including sidewalks, curbs and gutters, shoulders,
parking strips and parkways.
(b)
Allowed in any zoning district except within a C-1 Lowland Resource Conservancy District or C-3 Natural and Scientific Resource Conservancy District or an area regulated under the Floodplain Zoning Ordinance in Chapter
430.
[Amended 4-11-2024 by Ord. No. 24-05]
(c)
Sales shall not occur before November 15 of any given year,
and the temporary use permit shall automatically expire on January
10 following the issuance of the temporary use permit.
(d)
No Christmas trees shall be displayed, stored or sold on any
public street or in the vision triangle of two intersecting streets,
as defined in this chapter, or within a designated fire lane.
(e)
All sales areas shall be maintained in such manner as to eliminate,
insofar as possible, any fire hazard.
(f)
No trees which have become dried out, so as to become a fire
hazard, shall be kept on the property.
(g)
At the expiration of the permit or whenever the premises shall
cease to be used further for the storage, display or sale of Christmas
trees, the applicant shall cause all signage, trimmings, cuttings,
trees and debris to be removed from the premises and disposed of in
a lawful manner.
(h)
No flashing lights or spotlights are allowed, any outside lights
shall not shine or glare onto adjacent properties or onto any public
street.
(i)
Signage shall be limited to two on-site signs no larger than
nine square feet. All signs shall be placed a minimum of 15 feet from
the right-of-way and shall not be placed in the vision triangle, as
defined by this chapter. No off-site signs are allowed, and all signs shall be
removed no later than the 10th day of January following the issuance
of the temporary use permit. No portable flashing signs shall be permitted.
(j)
Order for compliance. If the applicant fails to properly clean
the premises or fails to maintain the premises in a manner eliminating
any fire hazard as necessary, as determined by the Fire & Rescue
Chief, the Fire & Rescue Chief may order the property owner to
remove such hazard within 24 hours, or less depending on the hazard
created. The Fire & Rescue Department is authorized to enter upon
the premises and remove or destroy or cause to be removed or destroyed
such Christmas trees or parts thereof, and all costs related to such
action may be assessed as a special charge of tax assessment against
the real estate.
(k)
Additional conditions may be imposed to ensure compliance with
the provisions of this chapter, its purpose and intent and all other
applicable federal, state, county and local requirements.
(6)
Extended hours. No commercial business may remain open past
the specified hours of operation pursuant to the underlying zoning
district except as expressly allowed by an approved conditional use
permit or planned unit development for the purpose of conducting the
commercial business activities. In addition, said business shall first
obtain approval of a temporary use permit and enter into a minor written
agreement with the Village for the specified location for extended
hours and shall comply with the following requirements:
(a)
Allowed in any business, manufacturing, or institutional district
with an active and permitted business activity being carried out within
a building.
(b)
No more than two separate extended-hour events are allowed on
the property per calendar year, provided that the length of the event(s),
collectively, does not exceed a maximum 14 days per calendar year.
(c)
Adequate on-site parking shall be provided. The Zoning Administrator
may allow off-site parking, provided that the location is acceptable
to the Village and proper shuttles or crossing areas are provided.
(d)
The applicant is responsible for site security during the event
and during any extended hours. The Village is not responsible for
security during this event, unless a separate written agreement is
entered into between the parties.
(e)
The applicant is required to obtain a tent permit from the Village
Fire & Rescue Department for any tents associated with the extended
hours, and Fire & Rescue Department inspections shall be requested
and obtained prior to use of the tent by the general public.
(f)
Additional conditions may be imposed to ensure compliance with
the provisions of this chapter, its purpose and intent and all other
applicable federal, state, county and local requirements.
(7)
Special events. No property owner may hold a special event,
such as but not limited to a carnival, farmers market, fair, circus
or other community-wide event (excluding Village-hosted or -sponsored
events, or neighborhood parades, or block parties or religious affiliated
gatherings) without first obtaining approval of a temporary use permit
by completing the required application and submitting details including
a site plan for the specified event and in compliance with the following
requirements:
(a)
Requirements.
[1] The maximum number of people that may attend the
special event may be limited by the Village upon review of the application
and the site and facilities to be used for the special event.
[2] A fence shall be installed which completely encloses
the proposed location and of sufficient height and strength to prevent
people in excess of the maximum permissible number from gaining access
to the assembly grounds. The fence shall have at least four gates,
at least one at or near four opposite points of the compass.
[3] Potable water meeting all federal and state requirements
for purity and sufficient to provide drinking water for the maximum
number of people to be assembled at a rate of at least one gallon
per person per day and water for bathing at the rate of at least 10
gallons per person per day.
[4] Separate, enclosed toilets for males and females
meeting all state and local specifications, conveniently located throughout
the grounds, and sufficient to provide facilities for the maximum
number of people to be assembled at the rate of at least one toilet
for every 200 females and at least one toilet for every 300 males,
together with an efficient, sanitary means of disposing of waste matter
deposited which is in compliance with all state and local laws and
regulations. A lavatory with running water under pressure and a continuous
supply of soap and paper towels shall be provided with each toilet.
[5] A sanitary method of disposing of solid waste in
compliance with state and local laws and regulations, sufficient to
dispose of the solid waste production of the maximum number of people
to be assembled at the rate of at least 2.5 pounds of solid waste
per person per day, together with a plan for holding and collecting
all such waste at least once each day of the assembly and sufficient
trash cans with tight-fitting lids and personnel to perform the task.
[6] Physicians and nurses licensed to practice in the
state sufficient to provide the average medical care enjoyed by state
residents for the maximum number of people to be assembled at the
rate of at least one physician for every 1,000 people and at least
one nurse for every 1,500 people, together with an enclosed, covered
structure where treatment may be rendered, containing separately enclosed
treatment rooms for each physician, and at least one emergency ambulance
available for use at all times.
[7] If the assembly is to continue during hours of
darkness, illumination sufficient to light the entire area of the
assembly at the rate of at least five footcandles, but not to shine
unreasonably beyond the boundaries of the enclosed location of the
assembly.
[8] A parking area inside the assembly grounds sufficient
to provide parking spaces for the maximum number of people to be assembled
at the rate of at least one parking space for every four persons.
[9] Telephones connected to outside lines sufficient
to provide service for the maximum number of people to be assembled
at the rate of at least one separate line and receiver for each 1,000
persons.
[10] If the assembly is to continue overnight, camping
facilities in compliance with all state and local requirements as
prescribed by the Wisconsin Administrative Code and Village ordinances,
sufficient to provide camping accommodations for the maximum number
of people to be assembled.
[11] Security guards, either regularly employed, duly
sworn, off-duty state peace officers or private guards, licensed in
the state, sufficient to provide adequate security for the maximum
number of people to be assembled at the rate of at least one security
guard for every 750 persons.
[12] Fire protection, including alarms, extinguishing
devices and fire lanes and escapes, sufficient to meet all state and
local standards for the location of the assembly as prescribed in
the Wisconsin Administrative Code and Village ordinances, and sufficient
emergency personnel to efficiently operate the required equipment.
[13] The Village may impose additional conditions and
impose additional fees to ensure that all necessary precautions are
taken to ensure that the sound of the assembly will not carry unreasonably
beyond the enclosed boundaries of the location of the assembly.
[Amended 7-20-2020 by Ord. No. 20-26]
[14] Additional conditions may be imposed to ensure
compliance with the provisions of this chapter, its purpose and intent
and all other applicable federal, state, county and local requirements.
(b)
An application shall be filed that contains, at a minimum, the
following information:
[1] Explanation of the event.
[2] Dates and hours of the event.
[3] Estimate of the number of persons which can reasonably
assemble at the location or the maximum number of persons allowed
to sleep within the boundaries of the location of the event if the
event is to continue overnight.
[4] Maximum number of tickets to be sold, if any.
[5] Explanation of how the applicant plans to limit
the maximum number of people permitted at the event.
[6] Explanation of how the applicant will supply potable
water, including the source, amount available and location of the
outlets.
[7] Number of toilet and lavatory facilities, including
the source, number, location and type and the means of disposing of
waste deposited.
[8] Explanation of how the applicant will be holding,
collecting and disposing of solid waste material.
[9] Explanation of how the applicant will provide medical
facilities, including the names, addresses and hours of availability
of physicians and nurses and provision for emergency ambulance service.
[10] Explanation of how the applicant will provide
telephone service, including the source, number and location of telephones.
[11] Explanation if the applicant intends to allow
any camping or housing facilities during the event and number of people
intending to stay overnight.
[12] Explanation of how the applicant will provide
for security, including the number of guards, their deployment and
their names, addresses, credentials and hours of availability.
[13] Explanation of how the applicant will provide
for fire protection, including the number, type and location of all
protective devices, including alarms and extinguishers, and the number
of emergency fire personnel available to operate any such equipment.
[14] Explanation of how the applicant will provide
for food concessions and concessionaires, who will be allowed to operate
on the grounds, including the names and addresses of all concessionaires
and their license or permit numbers.
[15] Additional information which may be required to
explain the application.
(c)
A detailed plan, drawn to a recognizable scale, shall be included
that shows the following information:
[1] The area of the event shall be fenced with specified
entrance and exit gates.
[2] Location of event activities within the fenced
event activity.
[3] Location of toilet and handwashing facilities.
[4] Locations for holding, collecting and disposing
of solid waste material.
[5] Location of on-site medical facilities.
[6] Location of any proposed on-site lighting, including
the source and amount of power and the location of lamps.
[7] Location of parking for vehicles, including the
size and location of lots, the points of road access and the interior
routes between road access and parking lots.
[8] If overnight camping or housing facilities are
proposed, show the location.