Regulations on Temporary Use Permits
The city's Temporary Uses Ordinance regulates temporary uses on private property, public property, facilities, parks, sidewalks or streets. Regulations on temporary uses can be found in Chapter 173 of the city’s Code of Ordinances.
A temporary use is any sales in any nonresidential district including, but not limited to the sales of fresh fruits/vegetables, baked goods, and hand-crafted items.
Produce stands wherein the temporary structure and sales area do not exceed more than two parking spaces or 360 square feet. The site area shall be cleaned of debris, temporary structures, and any other objects associated with the temporary use at the end of each business day. No sign permit is required for temporary signage, provided the sign is not be in the right of way and does not exceed 12 square feet in total size. Temporary vendors shall acquire permission from the property owner prior to any temporary use on the property.
Consumer fireworks sales facilities located as permitted within Chapter 168.09, pursuant to the regulations of the Code of Iowa and as permitted by the State Fire Marshal (SFM).
- Temporary uses are exclusively permitted in non-residential zoning districts.
- No temporary use shall exceed a period of more than six months of a twelve-month period, unless otherwise specified by the Zoning Administrator.
- All temporary uses shall be on paved surfaces, but not on sidewalks, trails, or within the public right-of-way.
- All temporary structures shall conform to the zoning setback requirements or as directed by staff. Temporary structures fewer than three hundred (300) square feet may be allowed within the front yard setback subject to approval of the Zoning Administrator.
- The proposed temporary use shall not affect the driveway access or traffic circulation on the property.
- The applicant shall provide, as determined by the Zoning Administrator, adequate facilities for disposal of trash and waste, e.g. grease, associated with the temporary use.
- Permanent sanitary facilities located within an adjacent building shall be made available to all employees of the activity during its operational hours, as approved by the Zoning Administrator, in concurrence with the county health department, unless stipulated otherwise in the Temporary Uses Ordinance.
Temporary Uses Regulations
Maximum square footage, merchandise and products restrictions, health and safety standards and licensing criteria for (non-exempt) produce stands, food stands and garden centers can be found in Chapter 173.06 of the City’s Code of Ordinances.
- The site area shall be cleaned of debris, temporary structures and any other objects associated with the temporary use within three (3) days after the termination of sales.
- All signage associated with temporary uses shall comply with the regulations of Chapter 170 (Sign Ordinance) of the City’s Zoning Ordinance.
- The number of additional parking spaces required and the location of such shall be determined by the Zoning Administrator. The maximum number of permanent parking spaces allowed to be used for operation of an extended use shall not exceed twenty percent (20%) of the parking on a site plan that was approved by the City to be counted toward the allowable size of the activity or twenty percent (20%) of the site area, whichever is more restrictive.
- Proof of ownership or a signed letter from either the property owner or their authorized representative, for the property on which the activity is to take place, shall be presented at the time the temporary use permit is requested.
- A plan of the layout of the proposed temporary use shall be submitted to the Community Development Department with the application, to be reviewed and approved by the Zoning Administrator. The layout plan shall identify the following:
- The area on the site proposed to be utilized as part of the temporary use and associated sales area.
- Proposed modifications to the traffic patterns and methods proposed to notify patrons and identify the temporary traffic pattern changes, i.e., signage, traffic cones, fencing and barriers, etc.
- Proposed vehicle loading zone.
- Proposed temporary barriers or corral with an architectural elevation, photo or sketch of the barriers’ proposed construction.
- Location of electrical connection and water connection, if applicable.
Temporary Uses Regulations for Consumer Fireworks Sales
- Maximum Space. Thirteen hundred (1300) square feet (includes temporary sales location and required fireproof storage container).
- Permitted Zones. C-2, C-3, ROC-1, M-1, M-2.
- Front Yard Setbacks. Temporary structures must meet the front yard setback of the zoning district.
- Paved Surfaces. All temporary structures, parking and uses shall be on a paved dustless surface.
- Signage. All sales locations shall prominently display a sign, clearly visible from the checkout location, which identifies the City’s regulations on the use of fireworks.
- Hours of Operation. Fireworks sales shall only occur between the hours of 8:00 a.m. and 9:00 p.m.
- Further Restriction. All sales shall be in conformance with the regulations of Chapter 41.12 Fireworks.