§ 34-895. Temporary land uses in zoning districts.

(a)

Applicability. This section regulates principal activities and uses of real property that are not specifically allowed in a zoning district, but may be necessary or appropriate on a temporary basis.

(b)

Generally. This section provides for the orderly and effective management of temporary land uses not specifically allowed in a zoning district. Temporary uses are often found to be necessary and desirable for limited periods of time although they might not be in keeping with the intent and purpose of the zoning district if allowed on a long-term basis. This section provides for thorough administrative review of these special types of temporary land uses. These provisions are designed to allow certain reasonable temporary uses while minimizing adverse impacts upon the public health, safety and welfare and other authorized uses within a zoning district. All temporary uses authorized under this section shall be the principal use of the real property and shall not be an accessory use. Temporary, accessory uses are governed by section 34-829, Temporary licensing of certain uses. Further, auctions and sales events governed by section 34-884, Temporary short-term sales, shall not be authorized as temporary uses under this section.

(c)

Permits. Application for a temporary use permit shall be made to the land development director in accordance with the applications and procedures section set forth herein.

(d)

Temporary uses. Subject to any conditions that may reasonably be imposed by the land development director and/or the village council, a temporary use permit may be issued for such temporary, principal uses as a construction staging area; temporary off-site modular unit for redevelopment; parking lots; and, other temporary, principal uses. The foregoing list is not an exhaustive list.

(e)

Application and procedures.

(1)

A property owner may submit an application to the land development director for a temporary use permit consistent with this section and pay the application fee as set forth by village resolution. The application fee for a temporary use permit shall be the same as the application fee for a temporary license granted under section 34-829. The application fee will be nonrefundable even if the application is denied. The application shall contain information describing the principal use for which a temporary use permit is being sought and the proposed length of such use. If the applicant is seeking any change to the physical layout or footprint of the site, a site plan or site plan amendment application shall be submitted with the application for temporary use permit. The land development director may request further information from the applicant as is necessary to fully understand the scope of the proposed temporary use and impacts to surrounding properties, facilities and infrastructure including, but not limited to, traffic flow and parking plans. Failure to provide such information may result in a denial of the application.

(2)

Approval of a temporary use permit may be made contingent upon the property owner complying with specific statutory, building code and/or village code requirements regardless of whether such requirements are specifically applicable to the proposed temporary use. Further, approval of a temporary use permit may be made contingent upon the property owner providing a surety bond from a company with a Best's rating of AAA guaranteeing that the property will be restored to its original condition upon termination or expiration of the temporary use permit. The amount of the bond, if any, shall be determined by the land development director in his or her sole discretion. Approval of a temporary use permit shall be contingent upon the property owner signing a written agreement with the land development director regarding the temporary use, restrictions on such use and other terms and conditions as the village may reasonably determine necessary for its protection. If a surety bond is required, the requirements for the bond shall be addressed in the written agreement. The land development director is authorized to set forth in the written agreement a specific effective date and expiration date for the temporary use which shall not exceed two years. Failure to sign the written agreement with the land development director will be grounds for denial of the application.

(3)

The approval authority for a temporary use permit application is the land development director if the application seeks a temporary use of 60 days or less. If a temporary use permit application seeks a temporary use which will exceed 60 days, the approval authority is the village council, with due public notice prior to approval. Except for such shorter time limitations as may be specifically set by the land development director or village council, a temporary use permit authorized under this section shall not exceed a term of two years.

(4)

If a temporary use permit expires and the term of the temporary use permit was for less than two years, the property owner may submit an application to have the term of the temporary use permit extended. The application for extension shall be the same as the initial application for a temporary use permit and the same application fee shall be paid to the village. The extension application shall be reviewed by the land development director consistent with the conditions and requirements as the initial petition and approved by the same approval authority which approved the initial temporary use permit. The total term of a temporary use permit (including any extension thereof) shall not exceed two years. An extension will not be granted if the village terminated the temporary use permit due to a violation of the temporary use permit condition(s), the written agreement or applicable law.

(f)

Temporary signs. One or more temporary signs may be erected by a property owner who obtains a temporary use permit. Prior to erecting any such temporary sign(s), the property owner shall submit an application to the land development director for the temporary sign(s); pay the fee established by the village council; and, obtain a temporary sign permit from the land development director. The land development director may impose any and all reasonable conditions on such temporary signs including, but not limited to, requiring all such temporary signs to conform to all other sign requirements of this Code. Further, all such temporary signs must be installed at the real property designated in the temporary use permit and only advertise the permitted temporary use for said real property. The temporary sign or combination of temporary(s) shall be less than or equal to 32 square feet in total surface area. All temporary signs must be removed immediately upon the temporary use permit expiring or being terminated.

(g)

Termination and remedies.

(1)

All temporary use permits are revocable. The land development director and/or village council (as applicable) may immediately revoke a temporary use permit, and refuse to grant future applications for a temporary use permit for real property, if there is a violation of any temporary use permit condition(s), the written agreement or applicable law. If a temporary use permit is revoked or upon the expiration of a temporary use permit, all use(s) of the property authorized under the temporary use permit must immediately cease and all use(s) of the property must immediately conform to the village code which may include, but is not limited to, additional actions by the property owner to reinstate the appearance of the property in a specific manner.

(2)

The land development director reserves the right to revoke temporary use permits under this subsection which he or she originally approved and may revoke temporary use permits approved by the village council if the revocation of the temporary use permit is necessary for the immediate protection of public health, safety, welfare or to prevent the damage to personal property including property of the village. Further, if it becomes necessary in order to protect the public health, safety, welfare or to prevent the damage to any personal property, the land development director may also cause any and all utility connections necessary for the temporary use to be immediately disconnected along with the revocation of the temporary use permit. As time allows, the land development director shall endeavor to notify the property owner prior to revoking any temporary use permit and disconnecting any utility connections under this section. The village council reserves the right to revoke all temporary use permits approved under this section.

(3)

The village may pursue any and all legal remedies without limitation against any property owner and/or occupant who violates the conditions of a temporary use permit, the written agreement and/or the applicable law including, but not limited to, code enforcement proceedings, other administrative proceedings; and/or injunctive relief. All actions taken by the village to enforce the provisions of this section shall subject the property owner and/or occupant to the reasonable costs incurred by the village in enforcing this section including, but not limited to attorney's fees and costs at all administrative, quasi-judicial, trial and appellate levels. Upon the issuance of an order from any board, special magistrate or court of competent jurisdiction awarding attorney's fees and/or costs to the village, such attorney's fees and/or costs shall become a lien on the property, if unpaid after 30 days following the entry of the order.

(4)

Any owner who is granted a temporary use permit understands and agrees that the village's right to revoke and/or terminate the owner's temporary use permit as stated herein is absolute and shall not result in any inequity to the owner because of any authorized improvement(s) made by the owner to the property or any other expense incurred or paid by the owner for the temporary use. Accordingly, the right granted by a temporary use permit shall not be construed as an irrevocable right or license or a right or license coupled with an interest because of said improvement(s) or expenses of the owner.

(h)

Prohibitions. Nothing contained in this section shall permit or allow any adult entertainment or adult entertainment establishment to be authorized by temporary use permit.

(i)

Transferability. A temporary use permit shall only be issued to the current property owner and such permit shall not be assigned, conveyed or transferred to any third party or person without the prior written approval of the land development director or village council (as applicable).

(j)

Appeal. Any person or entity who applies for a temporary use permit and is denied by the land development director may appeal to the village council for a temporary use permit. Such appeal application shall be filed with the land development director within 30 days of the land development director's written denial. Any person or entity who applies for a temporary use permit and is denied by the village council may appeal the village council's decision to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the village council. An appeal shall be filed within 30 days of the village council's decision.

(k)

Exemptions. Authorized, temporary uses of village owned property shall be exempt from the requirements of this section.

(Ord. No. 2011-21, § 2, 1-26-2012)