§ 154.64. TEMPORARY USE AND STRUCTURE REGULATIONS.
(A)
Purpose: The provisions of this section are based on the recognition that there are uses, buildings, and structures which, because of their unique characteristics, should not be permitted in any particular zoning district on a permanent basis, but which may be either necessary or desirable for a temporary period, provided that they are carefully regulated with respect to location and operation. The temporary uses, buildings and other structures permitted in this section shall be established and maintained so as to least interfere with the use and enjoyment of neighboring uses, buildings and other structures and to ensure public safety.
(B)
Permit Required: A temporary use permit shall be required prior to the establishment of any temporary use, buildings, or other structure. Any permit issued and found to be in conflict with the provisions of this section shall be null and void upon notice by the village of said conflicts to said permittee.
(C)
Petition for Temporary Use Procedure:
(1)
Standing: A petition for temporary use shall be made by the owner of the affected property or his duly authorized agent.
(2)
Filing: All temporary use applications shall be filed with the director of community development or designee who will determine which department(s) must review the temporary use applications. Petitions for temporary use shall include, but are not limited to the following:
(a)
Information necessary to accurately locate and portray the property; such as a survey or legal description of the property to be used, rented, leased, licensed or authorized for the temporary use.
(b)
A written description of the temporary use and a drawing of the proposed temporary structures.
(c)
Sufficient information to determine the yard requirements, sanitary facilities, and availability of parking spaces to adequately service the temporary use or structures.
(d)
Specification as to when the temporary use is to begin and conclude and the hours of operation, if applicable.
(e)
Other information as may be determined by the director of community development or designee as necessary to complete the evaluation of the proposed temporary use or structure.
(D)
Permitted Temporary Use and Structures: Temporary uses and structures which may be allowed pursuant to this section shall include, but not be limited to the following:
(1)
Carnivals, Zoos: Carnivals, zoos, animal exhibits, petting zoos, and animal rides may be allowed in all zoning districts.
(2)
Circuses: Circuses may be allowed in all zoning districts.
(3)
Christmas Trees Displayed: The display of Christmas trees may be allowed only in B-1, B4 and B-5 zoning districts or on property owned by not for profit organizations.
(4)
Contractor's Offices; Storage Areas: Contractor's offices, equipment sheds, and trailers may be allowed in all zoning districts if required for a permitted construction project; however, temporary portable storage units shall only be permitted for existing single-family residences as provided in subsection (D)(5) below. The office, shed, trailer, and/or storage area shall be removed within thirty (30) days of the completion of the construction project for which it was installed.
(5)
Temporary Portable Storage Units: Temporary portable storage units may be allowed in residential districts under certain conditions: A temporary use permit shall be required for a temporary portable storage unit used for the storage of personal property on a limited basis in residential districts. Each such permit shall be valid for up to forty-five (45) days for on-site use of the storage unit in a residential district. A permit shall be required for portable storage units used on-site with or without association to a permitted construction project. The temporary portable storage unit shall be located on an approved paved surface, such as a parking lot or driveway. The size of the storage unit shall not exceed sixteen feet (16') feet by eight (8') feet and shall not encroach on the sidewalk, street, or other property. Storage units to be located in a common parking lot or driveway of a multifamily property shall require the written permission of the property owner or homeowners association.
(6)
Real Estate Offices: Temporary real estate offices may be allowed in all zoning districts.
(a)
Real Estate Offices in Model Units: A temporary use permit shall be required for temporary real estate offices located in model units in any new construction project in the Village of Schaumburg for the sale of tracts within that project only. Each such permit shall be valid until the sale of the last unit in the project.
(b)
Real Estate Offices in Trailers: A temporary use permit shall be required for temporary real estate offices located in trailers in any new construction project in the village for the sale of units within that project only. Each such permit shall be valid for a period of six (6) months or until the first model unit for the project is completed, whichever occurs first.
(7)
Gardening Products: Temporary outdoor sales of gardening products shall be conducted by the operator of said premises with a current Village of Schaumburg business license to sell gardening products and may be allowed in the B-2 zoning district.
(8)
Truck or Trailer Display and/or Sales: Sales and/or display of products from trucks or truck trailers shall be prohibited unless otherwise authorized by village ordinance.
(9)
Recycling Facilities: A temporary use permit shall be required for a temporary recycling facility. The operation of temporary recycling facilities shall be limited to not for profit organizations. Temporary recycling facilities shall be conducted only in accordance with all applicable village codes and ordinances. Each such permit is valid for a period of not more than seven (7) days, but is renewable. The temporary recycling facility shall be removed within three (3) days after cessation of the recycling activity.
(10)
Tents:
(a)
Noncommercially Sponsored Events: A temporary use permit shall be required for a tent or other temporary structure used to house a noncommercially sponsored event. Such activities may be allowed in all zoning districts. Each such permit shall be valid for a period not to exceed ten (10) days and may be renewed three (3) times during any calendar year. Any tent or other temporary structure erected to house all or part of an event shall be removed within three (3) days of the completion of the function.
(b)
Commercially Sponsored Events: A temporary use permit shall be required for a tent or other temporary structure used to house a commercially sponsored event. Such activities may be allowed in the B-1, B-2, B-3, B-4, M-1, and M-P zoning districts.
1.
Each such permit shall be valid for a period not to exceed ten (10) days and may be renewed twice during any calendar year, provided that a period of at least ninety (90) days has intervened between approvals for the same location. Should liquor be offered for sale or distribution, village board approval is required. Any tent or other temporary structure erected to house all or part of an event shall be removed within three (3) days of the completion of the function.
2.
The time limits listed above may be extended if a written extension request is submitted to the director of community development or designee and if compliance with the following minimum requirements are met:
A.
Only tents located at hotels and cultural or entertainment centers are eligible to exceed the standard time limits of a tent.
B.
Tents shall be located on a hard surface, and be of a durable material to comply with all village building and life safety codes and ordinances. Tent specifications and a current certificate of flame resistance shall be required for review. Staff shall also be provided with drainage calculations to verify proper detention be maintained on the site.
C.
Landscaping and/or decorative fencing shall be provided around the tent to provide for a more aesthetically pleasing temporary structure. A landscape plan and fencing details shall be submitted and reviewed by the director of community development.
D.
Information regarding parking at the establishment shall be reviewed by staff, in order to ensure there will be adequate parking at the establishment with the additional capacity of the tent. Parking studies and/or other parking related information shall be provided to the director of community development for review as deemed necessary.
E.
Any other information deemed necessary by the director of community development shall be provided to staff for review.
(11)
Pavement or Concrete Batch Plants: Temporary pavement or concrete batch plants shall be allowed only as a special use requiring review by the zoning board of appeals at a public hearing prior to final determination by the village board.
(12)
Parking and Storage of New and Pre-Owned Vehicles: Off-site parking and storage of new and pre-owned vehicles on vacant industrial/commercial properties for automobile dealerships.
(a)
The temporary off-site parking and storage of new and pre-owned vehicles for automobile dealerships will be allowed on improved industrial, office or commercial properties. The property typically must not be governed by a shared parking agreement. If the property is governed by a shared parking agreement, then the terms of the agreement must be reviewed with the proposed off-site storage request. Vehicle storage shall not be permitted on commercial parcels within the Woodfield Regional Center, nor shall vehicle storage be permitted in the B-5 Planned Regional Center Zoning District. However, vehicle storage may be permitted at office and industrial properties in the Woodfield Regional Center.
(b)
A temporary use permit shall be required for off-site parking and storage of new and pre-owned vehicles by automobile dealerships. Said permit shall be valid for a period of one (1) year and shall be subject to review by the village manager or designee annually. Permits for properties along arterials in the Woodfield Regional Center shall be valid for three (3) months and, but may be extended on a case-by-case basis after review by the village manager or designee. The applicant must submit a letter from the owner of the subject property authorizing the parking.
(c)
Only new and pre-owned vehicles for sale will be allowed to be stored on the site in designated parking areas or inside the building. No disabled vehicles shall be permitted on-site, and pre-owned vehicles shall be no more than five (5) model years old.
(d)
No sales, service, or dealer prep shall be permitted on-site under the temporary use permit. Only employees and delivery persons shall be allowed on the premises.
(e)
If the industrial/commercial/office property contains a vacant building, the structure shall be maintained in good, weathertight condition and shall not be used in the conduct of automotive business or other business without prior village board approval. If the building is used to store vehicles, the building shall meet all fire and building codes. No service on the vehicles shall occur in the building unless allowed as a permitted use per the applicable zoning district regulations.
(f)
The applicant shall ensure that all landscaping, parking surfaces, and parking lot lighting are maintained on the site during the tenure of the temporary use.
(g)
Any violations of these requirements may result in the revocation of the temporary use permit. Any automobile dealer not currently in compliance with all village codes and ordinances shall not be issued a temporary use permit for off-site parking and storage of new and pre-owned vehicles.
(h)
New and pre-owned vehicles may be stored on industrial, office or commercial properties that contain a building on the lot that is not vacant but the lot has an excess of parking. Parking requirements per the zoning ordinance shall be met for existing uses within said building, and all other applicable provisions as listed above shall be met.
(13)
Temporary Seasonal Outdoor Seating: Existing restaurants with a valid special use approval may provide an area for outdoor seating:
(a)
A maximum of twelve (12) outdoor seats may be placed on-site, without amendment to the special use or provision of additional parking spaces.
(b)
The outdoor seating shall be placed on an existing paved area.
(c)
Liquor may only be provided on the premises with a valid liquor license.
(d)
A fence or similar barrier shall be constructed around any outdoor seating area where liquor is served. The fence shall include a self-latching gate with a sign reading:
NO ALCOHOL BEYOND THIS POINT
(e)
Direct access from the restaurant into the outdoor seating area shall be provided.
(f)
The outdoor seating area shall be cleaned a minimum of twice daily or as necessary to ensure that it is kept in a clean and sanitary condition.
(g)
If the area is self-service by customers, then a trash receptacle shall be kept in the outdoor area to provide for efficient disposal of waste.
(h)
A minimum of five feet (5') of clear space must be maintained for all pedestrian walkways or aisles.
(i)
All seating shall be located a minimum of five feet (5') from any drive aisle or point of vehicular access.
(j)
The applicant shall provide a written description of where all outdoor seating, including, but not limited to, tables, chairs, awnings, and trash receptacles, will be stored during the off season when outdoor seating is not provided.
(k)
Permits for seasonal outdoor seating shall be a maximum of one hundred sixty (160) days.
(l)
The outdoor seating permit shall be posted in a visible location within the restaurant, near the occupancy load sign and business license.
(14)
Temporary Permit to Allow for Food Trucks: Food trucks may be allowed on private property with the following criteria met:
(a)
A food truck permit shall be required, shall be issued to the property owner, and shall be renewed annually. At the time of permit submittal, a list shall be provided to the community development department of contracted food truck vendors who are properly licensed with the village, and days and times when food trucks shall be located on the property, along with a site plan depicting the location of the food truck(s). Said information shall be provided annually as part of the permit renewal process, and when there are revisions to food truck vendors, scheduling, or locations throughout the year.
(b)
Food trucks shall be located in designated parking spaces as illustrated on the submitted site plan, and shall not be allowed in fire lanes, drive aisles, or handicapped parking spaces, nor impede traffic flow or emergency access or have an adverse effect on other activities on the property. No more than three (3) food trucks shall be allowed on a property at any given time, and no tables or chairs may be set up alongside a food truck. Appropriate refuse and recycling containers shall be provided for proper disposal of waste.
(c)
Said property shall have the required number of parking spaces as stipulated in the zoning ordinance to accommodate the food truck(s).
(d)
Food trucks shall only be allowed in the B-2, B-3, B-4, B-5, M-1, and M-P zoning districts, unless affiliated with an approved temporary special event.
(e)
Food trucks shall be allowed on a property for a maximum of three (3) hours, unless affiliated with an approved temporary special event and meet proper water storage needs on the truck per health code requirements.
(15)
Similar and Compatible Uses: Other uses which are similar and compatible to those allowed as temporary uses in this section. Determination of what constitutes similar and compatible shall be made by the director of community development.
(E)
Standards: A temporary use permit shall be issued only when the proposed temporary use structure complies with all of the following:
(1)
Compatible With Existing Development: The nature and intensity of the temporary use and the size and placement of any temporary structure is so planned that the temporary use or structure will be compatible with existing development.
(2)
Not Typically Located Within Permanent Building or Structure: The temporary use is of such a nature that it is not typically located within a permanent building or structure, nor will it cause prolonged undue economic competition with an adjoining permanent permitted or special use.
(3)
Parcel of Sufficient Size: The size of the parcel is of sufficient size to adequately accommodate the temporary use or structure.
(4)
Traffic: The location of the temporary use or structure is such that adverse effects on surrounding properties will be minimal, particularly regarding the traffic generated by the temporary use or structure.
(5)
Parking and Access: Off-street parking areas shall be paved (except during temporary events which are sponsored by and for which parking will be located on property which is owned by a religious institution, public agency, school district, park district, or eleemosynary civic organization) and of adequate size for the particular temporary use or structure and properly located and the entrance and exit drives are laid out so as to prevent traffic hazards and nuisances.
(6)
Effect on Surrounding Areas: In all respects, the temporary use or structure is not significantly or materially detrimental to the health, safety and welfare of the public or injurious to other property or improvements in the surrounding area.
(7)
Business License Required: Such temporary uses shall be conducted by the operator of said premises with a Schaumburg business license.
(F)
Conditions of Approval: In addition to the specific regulations, standards and time limitations set forth in this section, temporary uses and structures shall be subject to such conditions and restrictions on their location and operation as deemed necessary from time to time by the village board.
(G)
Fees: No temporary use permit shall be issued until all necessary fees are paid.
(Ord. 163, passed 12-5-1961; Am. Ord. 2589, passed 12-17-1985; Am. Ord. 2875, passed 10-13-1987; Am. Ord. 3024, passed 8-9-1988; Am. Ord. 3238, passed 9-12-1989; Am. Ord. 90-86, passed 7-10-1990; Am. Ord. 92-113, passed 10-13-1992; Am. Ord. 94-21, passed 3-22-1994; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 97-57, passed 6-10-1997; Am. Ord. 97-152, passed 12-9-1997; Am. Ord. 99-72, passed 9-14-1999; Am. Ord. 00-23, passed 3-14-2000; Am. Ord. 02-56, passed 4-23-2002; Am. Ord. 02-118, passed 8-27-2002; Am. Ord. 03-103, passed 7-22-2003; Am. Ord. 03-174, passed 12-9-2003; Am. Ord. 04-104, passed 7-13-2004; Am. Ord. 05-030, passed 3-22-2005; Am. Ord. 06-167, passed 9-12-2006; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 12-069, passed 5-22-2012; Am. Ord. 12-083, passed 7-24-2012; Am. Ord. 14-007, passed 1-14-2014; Am. Ord. 17-036 , passed 4-25-2017)