§ 5.5. TEMPORARY USES

5.5.1

Applicability

Temporary uses are permitted as set forth below. 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 development code or to protect the public health, safety, and welfare.

5.5.2

Permitted Temporary Uses

Subject to the specific regulations and time limits that follow, all applicable local ordinances and codes, 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 in the Permitted Temporary Use Table. Site plan review shall ensure that the proposed use will not have any adverse impact on the surrounding property, and the site for such proposed use is adequate in terms of size, lighting, parking, and traffic access.

A.

Permitted Temporary Use Table

Permitted Temporary Use	Location	Maximum Duration of Use	Maximum Frequency	Additional Requirements	Site Plan Required?
House, Apartment, Garage & Yard Sales	Residential Districts	3 days	No more than 3 times in any 12 month period	Items for sale are limited to the personal possessions of the owner or occupant of the lot	No
Indoor/Outdoor Festivals, Sidewalk Sales, Art, Craft, Plant Shows/Exhibits/ Sales	Commercial, Form, or Industrial District	Special Sales - 3 days Plant Sales - 150 consecutive days per calendar year	Special Sales - No more than 12 times per year	See 5.5.3.B Below	No
Christmas Tree/Pumpkin/ Easter Lily Sales	All Districts	45 days	NA	Sales are permitted in any residential area when conducted by a not-for-profit religious, philanthropic, or civic organization on property owned or leased by such organization.	No
Contractor's Offices & Equipment Sheds	All Districts when accessory to construction	Coincide with active construction	NA	Sleeping or cooking accommodations are prohibited	No
Real Estate Office, Including Model Units	All Districts when accessory to a new development	Coincide with active selling/leasing period.	NA	Sleeping or cooking accommodations are prohibited unless in a model dwelling unit. Office cannot be used as the general office or headquarters of any firm.	Yes (as part of the building permit review)
Carnivals & Circuses	All Districts	10 days	No limit	None	Yes (as part of the building permit review)
Sales of Overstocks, Seconds, Similar Goods in Districts where not a Permitted Use	I-1, I-2, & I-3 Districts when accessory to a permitted use	10 days	No more than 4 times per 12 month period with 7 days in between each sale	See 5.5.2.C Below	No
Tents	All Districts with a permitted, accessory, temporary, or special use	10 days	No more than 4 times per 12 month period with 7 days in between each tent sale	Tents must comply with setback and height limitations of the zoning district in which it is placed. Tents cannot obstruct access to handicap parking spaces.	No
Civic Uses of Public Property	Commercial or Form Districts	No limit	No limit	Authorization by the controlling governmental agency and the use must not impose an undue adverse effect on the neighboring streets or property	No
Wheelchair Ramp	Residential Districts	Length of residency plus 60 days by the individual with a disability requiring a wheelchair	NA	Minimum encroachment into required yards and safe ingress/egress from the property	Yes (as part of the building permit review)
Dumpster for Construction Projects	All	Coincide with active construction	NA	Placed on a hard surface	No
Bus Benches and Shelters	All Districts	No limit	NA	See 5.5.2.D Below	No
Farmers Market	C-N, C-G, and I-1 Districts	Not to interfere with surrounding land uses	No limit	See 5.5.2.E Below	No
Roadside Produce Stand	C-N Districts	Coincide with growing season	NA	See 5.5.2.F Below	No
Home-Produces Fruit and Vegetable Sales	Residential Districts and Legal Non-Conforming Residential Dwellings in Non-Residential Districts	3 days	No more than 3 times in any 12 month period	Items for sale are limited to whole, uncut fruits and vegetables grown at the residence where the sale is occurring.	No
Mobile Food Vehicles and Carts	All Districts except Single Family-Residential Districts	No Limit	No Limit	Must be parked/placed on a paved surface. Seating may be provided during hours of operation.	No

 

B.

Indoor/Outdoor Festivals, Sidewalk Sales, Art, Craft, Plant Shows/Exhibits/Sales

1.

The display area shall not encroach into any required yard area.

2.

Special sales shall not exceed three days in length and shall be limited to 12 special sales per year. At no other time shall materials, merchandise or inventory be stored outdoors except per the requirements for permanent display areas. In Class C-2 (Large Scale Commercial) Districts, special sales shall not exceed 90 total days in a calendar year with no one even exceeding 30 days; 7 days are required between each event.

3.

Plant sales located within parking areas shall adhere to the following regulations:

a.

Plant sales are allowed for a maximum of 150 consecutive days per calendar year.

b.

Plant sales structures must meet the setback requirements of the respective zoning district and must not exceed a maximum height of 14 feet.

c.

Any proposed outdoor lighting for the plant sale must obtain the appropriate permit from the inspections department and adhere to outdoor site lighting requirements 8.5.

C.

Sales of Overstock, Seconds, Similar Goods in Districts Where Not a Permitted Use

1.

Existing Inventory Only

No products shall be sold except such products as are manufactured, warehoused or distributed in the normal course of business of the principal use operated on the zoning lot in question. No products shall be brought in from other sources for purposes of the temporary sale.

2.

No Outdoor Sales

Any area in which such a temporary retail use takes place, including the sale and display.

D.

Bus Benches and Shelters

1.

Bus benches and shelters are permitted in all zoning districts and are an allowable encroachment in all yards.

2.

Bus benches and shelters must be approved by the Greater Peoria Mass Transit District, the City of Peoria and the property owner.

E.

Farmers' Markets

1.

Permitted when accessory to any use permitted or specially permitted in such district and pursuant to the following regulations:

a.

The sales area shall be located in an area that will not disrupt the flow of traffic onto and off the site or obstruct any handicap access or parking. Parking facilities will be evaluated to ensure that adequate parking is available during the approved operating hours of the event.

b.

The market may not be permitted on vacant or unimproved land.

c.

The market shall conform to all applicable rules and regulations governing farmers markets.

d.

The market shall be limited to the sale of products which are the result of the practice of the agricultural arts by a producer upon land the producer controls, by the producer, the producer's employees or the producer's immediate family. In addition, a producer may sell products produced by not more than two other producers.

e.

The market shall be limited in days and hours of operation so as to not interfere with the surrounding land uses.

f.

No variances from these standards are permitted.

F.

Roadside Produce Stand

1.

Roadside Produce Stand means any trailer, tent, table, operable motor vehicle, or other temporary structure, not erected on a foundation, for the sale of seasonal whole, uncut fresh produce, not customarily sold on a year-round basis.

2.

The purpose of a roadside produce stand is to allow groups and individuals, who are actively farming, low cost entrance into direct marketing their produce. It is characterized as a direct marketing operation without a permanent structure and only offering outdoor shopping. Such an operation is seasonal in nature and features locally grown fresh produce.

3.

Permitted accessory to any permitted use or as a primary use pursuant to the following regulations:

a.

Written permission of the property owner is required.

b.

The only items allowed for sale are seasonal fresh produce. No processed or package food or other items are permitted for sale.

c.

The sales area shall be located in an area that will not disrupt the flow of traffic onto and off the site or obstruct any handicap access or parking. Parking facilities will be evaluated to ensure that adequate parking is available during the approved operating hours of the event.

d.

If produce is sold from a motor vehicle, it must be located on a hard surface.

e.

The roadside produce stand shall conform to all applicable rules and regulations governing food vendors.

f.

The roadside produce stand shall be limited in days and hours of operation so as to not interfere with the surrounding land uses.

g.

All components of the roadside stand must be brought indoors daily, at the close of sales.

h.

No variances from these standards are permitted.

5.5.3

Bulk, Yard and Space Requirements

Except as expressly provided otherwise in this section, every temporary use shall comply with the bulk, yard, and space regulations applicable in the district in which such temporary use is located.

A.

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 permanent uses located on the zoning lot in question.

B.

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 development code or to protect the public health, safety, and welfare.

( Ord. No. 17575 , § 1(Exh. A), 5-8-18)