§ 6-5. Temporary uses and special events

A. Generally. Certain temporary uses of land are essential to the full development and utilization of the land and are deemed to promote the health, safety, and general welfare of the city. The temporary uses and special events hereinafter enumerated shall not be deemed violations of this ordinance when conducted under the conditions herein provided.

B. Permitted temporary uses. The permitted temporary uses, the conditions of use, the zoning districts wherein the same shall be permitted, and approvals required are as follows:

1. Construction office. Temporary field or construction offices and temporary building material storage areas to be used solely for on-premise construction purposes in connection with the property on which they are erected, or within the same platted subdivision may be permitted in all zoning districts when approved by the mayor or his/her designee. The application for a temporary use permit shall include a scale drawing showing the location and size of the building(s), all outside storage areas, and proposed construction fencing. Such permit shall be issued for temporary buildings on construction sites for a period of six months, with a renewal clause for a similar period. Such buildings must be removed within 30 days after substantial completion or abandonment of such new construction to which they are accessory or upon the request of the administrative official or his/her designee.

2. Temporary outdoor sales on properties zoned as non-residential, all non-residentially used property located in residentially used districts may be permitted by the city enforcement officer for a period not to exceed 30 days upon the application and granting of a temporary use permit.

3. In no event shall such temporary uses be allowed for more than 30 consecutive days or more than once per year. All sales shall meet the special conditions, if any, imposed by the city enforcement officer and/or fire marshal for the protection of public interest and the welfare of the community.

4. No tent or similar structure shall be erected in any required setback or designated easement. Tents shall conform to the Uniform Fire Code and no tent shall be erected without first obtaining a permit. No outside use of property for sales will be allowed except by the existing occupants of the property. This includes parking of vehicles for a purpose other than conducting business on the premises.

5. The temporary outdoor sale of Christmas trees may be permitted, on those properties zoned as non-residential, all non-residentially used property located in residentially used districts, for a period of 40 days prior to Christmas Day. The mayor or his/her designee shall issue a permit, with a refundable clean-up deposit of $500.00, for such sale when it is found that there is available adequate off-street parking area, either improved or unimproved, as determined by the building official; and that location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Trees, stands, equipment, trash, signs, lighting and shelters shall be removed by the permit holder no later than January 4 following the Christmas holiday.

6. Carnivals and circuses may be allowed as a temporary use for a period not exceeding 14 consecutive days. Such events shall be on a site in districts zoned as non-residential, all non-residentially used property located in residentially used districts, and in non-residential planned developments. Adequate parking and sanitary facilities shall be made available to the satisfaction of the building official. No carnival or circus shall begin operation before 8:00 a.m. and operation shall cease before midnight on all nights except on Saturday when the event shall cease operation at midnight. The mayor or his/her designee shall establish the terms and conditions for the temporary use at the time of approval. In the event that a sponsor is dissatisfied with the mayor or his/her designee's decision, the sponsor may appeal the requested use to the city council.

7. Refreshment stands (temporary and seasonal). Refreshment stands shall be exempt from the area and masonry requirements of the underlying zoning district; however, they are subject to setback and masonry requirements as may be required by the building and inspection official.

C. Permitted special events. For the purpose of this section, "special events" are defined as any activity or event meeting the following criteria:

1. The event of activity is carried on for a period of time not exceeding three consecutive days;

2. No retail sales are conducted except those incidental to the primary activity such as refreshment and souvenir sales. Charitable and nonprofit organizations may conduct retail sales for fund-raising purposes in any zoning district;

3. Public assemblies carried on out-of-doors or in temporary shelters or tents.

D. Contents of application. An application for approval of a temporary use or special event shall include the following information:

1. Detailed description of the event;

2. Exact location;

3. Expected attendance;

4. Anticipated number of automobiles and proposed methods of providing parking for the same;

5. Location and construction of any temporary signs to be used in connection with the event;

6. Exact dates of commencement and termination of the event;

7. Signed certification by the responsible party and the record owner of the land that all information provided is true and correct and that all schedules will be strictly adhered to; and

8. A fee in accordance with the City of McLendon-Chisholm Fee Schedule.

E. Approval by the city council. Approval of a permit for temporary use or a special event must be approved by the mayor or his/her designee. The mayor or designee may elect, at his/her discretion, to forward any request to the city council.