City of pleasant hope missouri municipal code

Section 405.380: Temporary Uses

Sub Section A. Purpose

This Section provides for the regulation of land uses or structures which are in place or needed for only a short period of time.

Sub Section B. General Provisions

1. 
   No temporary use or portion of a temporary display or structure shall be located on publicly owned property or right-of-way unless approval has been granted by the City.
   
2. 
   Unless otherwise specified in the following Sub Sections, any temporary use authorized in this Section shall not require that a temporary use permit be obtained from the City.
   

Sub Section C. Temporary Uses Permitted In Every District.

The following temporary uses of land are permitted in every zoning district subject to the specific regulations and time limits which follow and to the other applicable regulations of the district in which the use is permitted:

1. 
   Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only for the duration of the project.
   
2. 
   Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.
   
3. 
   Fund raising activities and events, such as craft sales, bazaars and Christmas tree sales, for non-profit organizations such as churches, libraries and schools in the districts where the non-profit organization use is permitted, provided that no more than six (6) such events per calendar year shall be permitted and each event shall not exceed a period of (five) consecutive days. Christmas tree sales shall be permitted for a period not to exceed thirty (30) consecutive days.
   
4. 
   Garage or yard sales, provided that no more than three (3) sales per calendar year shall be permitted and each garage or yard sale shall not exceed a period of three (3) consecutive days.
   
5. 
   Temporary wireless facilities towers for special events provided the temporary tower does not exceed sixty (60) feet in height and a permit shall not be issued for a period of time exceeding two (2) days preceding and following the special event. Temporary towers may also be located on the same site as an approved permanent tower during the period that the permanent tower is being constructed. A temporary use permit shall be obtained from the City.
   

Sub Section D. Temporary Uses Permitted In The "C-1" And "M-1" Districts.

The following temporary uses of land or structures are permitted in the "C-1" and "M-1" Districts, subject to the limitations in this Sub Section and the other applicable regulations in the district or districts in which the temporary use is permitted:

1. 
   Christmas tree sales for a period not to exceed thirty-five (35) days. Display of Christmas trees need not comply with the yard and setback requirements of this Chapter provided that no tree shall be displayed within thirty (30) feet of the intersection of the curb line of any two (2) streets or any sight triangle required in this Chapter.
   
2. 
   Retail business may display merchandise that is for sale within a building in the area immediately adjacent to the building subject to the following conditions:
   

1. 
   No food or drink may be displayed outside the building except in accordance with the standards of the Polk County Department of Public Health and approval of the City.
   
2. 
   These provisions shall in no way be deemed to authorize the outdoor display or the sale of used furniture, appliances, plumbing, housewares, automobiles or other vehicles, trailers and equipment rental or other second-hand merchandise in those districts which do not otherwise permit such uses.
   

3. 
   Temporary promotional activities sponsored by retail merchants may be conducted outside of enclosed buildings for a period of not more than two (2) consecutive weeks in any three (3) month period. Any temporary promotional use shall be subject to the following conditions:
   

1. 
   The merchant sponsoring the temporary promotional use shall obtain a temporary use permit from the City. No permit for a temporary promotional use shall be granted where the promotional activities, lighting, noise or increased traffic associated with the temporary use will unreasonably disturb adjacent residential properties.
   
2. 
   Temporary promotional uses shall not occupy more than ten percent (10%) of any paved parking area.
   
3. 
   No more than two (2) temporary promotional uses on the same property shall be conducted during any six (6) month period.
   

4. 
   Temporary outdoor seasonal sale of garden plants, fruits and vegetables and incidental supplies. Such uses shall not exceed a period of six (6) months in one (1) calendar year, including time to erect and dismantle any temporary greenhouse or stand.
   

Sub Section E. Temporary Vendors.

1. 
   Location restricted. Temporary vendors are permitted only in the "C-1", "M-1" and "M-2" Districts and are required to conform to all applicable regulations of the district, including allowed temporary uses.
   
2. 
   Temporary vendor permits. A temporary vendor is required to obtain a permit from the City for each temporary vendor site. The application for a temporary vendor permit shall include the following information:
   

1. 
   Address or other property description of the site.
   
2. 
   Plot plan showing the proposed location of the temporary vendor site on the lot or tract. The plot plan shall show required setbacks, indicating that the temporary vendor does not encroach into the required setbacks or sight triangles.
   
3. 
   Description of use or activity to be conducted by the temporary vendor on the site.
   
4. 
   Written verification from the property owner indicating the temporary vendor is authorized to use the site for the stated purpose.
   
5. 
   If applicable, the following information is required to erect a temporary structure on an existing parking lot (excluding vehicles or trailers on wheels with a license to operate on roadways):
   

1. 
   Written permission from the property owner to authorize erection of a temporary structure on the site.
   
2. 
   The plot plan shall show the location of the temporary structure, indicating the temporary structure does not encroach upon required setbacks.
   
3. 
   Written verification the temporary structure conforms to the requirements of the City's Building Code.
   
1. 
   Limitations.
   

1. 
   A temporary vendor shall be limited to six (6) months occupation on the same property within a calendar year, including time taken to erect and remove all necessary temporary structures.
   
2. 
   No more than two (2) permits for a temporary vendor use on the same property shall be issued by the City during any six (6) month period.
   

4. 
   Licenses required. A temporary vendor shall not occupy a temporary vendor site or sell merchandise within the City without first obtaining a business license from the City. A business license may be issued to a temporary vendor for a specific vendor site for the period of time approval has been granted for the vendor site. A copy of this license must be on display, in full view of the public, on the approved site. No property owner shall allow any temporary vendor to occupy any part of his/her premises without a permit being issued by the City for the actual location of the temporary vendor business and a City business license being issued and in effect for the temporary vendor.