§ 122-335. Requirements.  


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  • The building department, unless otherwise indicated, may issue temporary use permits for the uses listed below in any district, unless otherwise indicated, after determining that such uses will meet the standards under subsection (h) of this section and review standards for that specific use included in this section. A second temporary use permit may be issued by the building department at the end of such time limit for good cause shown. A third temporary use permit may only be authorized by the planning commission, following the noticing procedures outlined in §122-323. The building department, at its discretion, may refer any request for a temporary use permit to the planning commission.

    (a)

    Temporary dwellings. An individual mobile home, private garage, basement, or other temporary structure may be used as temporary living quarters for up to 60 days while a dwelling or structure is being constructed on the same premises. A temporary use permit must be issued prior to any such use.

    (b)

    Construction buildings. Temporary buildings for uses incidental to construction work may be authorized for a period of up to 12 months. Such buildings shall be removed within 15 days after completion or abandonment of construction work.

    (c)

    Signs and supplies. The storage of building supplies and machinery; temporary storage buildings; the assembly of materials and customary trade; and contractor, architect, and identification signs in connection with a construction project may be authorized by the building department for a period of up to 12 months. All signs shall meet the provisions under article VI, division 5, as well as district-specific regulations.

    (d)

    Seasonal uses. Seasonal temporary uses or unusual, nonrecurrent temporary uses, and associated signs may be authorized for up to 30 days. All signs shall meet the provisions under article VI, division 5, as well as district-specific regulations.

    (e)

    Temporary mobile food establishments. The city planner may authorize a temporary special permit to temporary mobile food establishments for no more than 200 consecutive days in one calendar year, with the following standards:

    (1)

    Permits expire on December 31 st of each year.

    (2)

    Temporary mobile food establishments are only permitted in center, parks, general corridor, neighborhood corridor, and health and human services zoning districts.

    (3)

    The area occupied by temporary mobile food establishments and their accessory materials may not occupy more than 20 percent of the required parking spaces for the principal/permanent use(s) of the site. This requirement does not apply in center or in historic corridor zoning districts.

    (4)

    Evidence of approval or exemption from the Washtenaw County Health Department and/or the Michigan Department of Agriculture and Rural Development, as applicable, shall be provided.

    (5)

    Sanitary facilities shall be provided if seating is provided. This requirement may be met via a temporary sanitary facility such as a port-a-john or via an agreement with a neighboring establishment with the same operating hours as the temporary food establishment.

    (6)

    Operating hours shall be no later than 10 p.m. Sunday through Thursday, and 11 p.m. Friday and Saturday; nor any earlier than 7 a.m. on any day of the week.

    (7)

    No outdoor amplified music, sound, or noise shall be permitted. Outdoor generators shall be identified on the sketch plan; no outdoor generators shall be permitted within 200 feet of a property that is not zoned center, parks, general corridor, neighborhood corridor, or health and human services zoning district.

    (8)

    All outdoor lighting shall be down-directed and fully shielded.

    (9)

    The temporary mobile food establishment and all accessory materials shall be located on a paved surface, or evidence submitted that placement on an unpaved surface will not increase stormwater runoff or pose an accessibility challenge for patrons who may use a mobility assistance device, such as a wheelchair or walker.

    (10)

    A sketch plan of the proposed location shall be provided; location of any seating, waste containers, fuel storage, sanitary facilities, lighting, generators, or other accessory materials shall be shown.

    (11)

    The standards in subsection (h) of this section also apply to temporary mobile food establishments.

    (f)

    Parking areas. Temporary special permits may be issued for the use of unimproved areas for parking for a period of up to 30 days.

    (g)

    Sales office for subdivision. Temporary special permits may be issued for a period of up to six months for a temporary office which is both incidental and necessary for the sale or rental of property in a new subdivision or housing project.

    (h)

    Standards. No temporary structure or use permit shall be authorized until the following additional standards are met:

    (1)

    The location and erection of any temporary structure shall conform to all of the regulations of the zoning district in which it is situated and all other applicable regulations of this chapter.

    (2)

    If an open-air use, it must be located on a fully paved surface, unless otherwise indicated.

    (3)

    The location of such use shall not be injurious to adjacent properties or the surrounding neighborhood.

    (4)

    The water supply and sanitary facilities of any temporary dwelling shall conform to all applicable requirements of the state health department, the county health department, and city codes and other regulations.

    (5)

    The following shall be taken into consideration:

    (i)

    The reasons and necessity for the temporary use or structure.

    (ii)

    The nature of the use or structure.

    (iii)

    The proposed location of the use or structure.

    (6)

    If not required above, the approving body may request a sketch plan, drawn to scale no smaller than one inch equals 50 feet, showing the location of the temporary use in relation to the lot lines and other structures.

    (7)

    Reasonable conditions may be required with the approval of a temporary special permit by the approving body. The conditions may include, but are not limited to, conditions necessary to ensure that public services and facilities are not adversely affected, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.