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18.50.225 Temporary Uses*
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A. Applicability

This section establishes standards and procedures for certain temporary uses or activities, as described below.

B. Temporary Sales and Events Permit

1. The Planning Official may, upon application, issue a temporary sales and events permit to use a specified parcel of privately owned land for the following temporary short-term uses, in accordance with this section:

a. Christmas tree sales.

b. Seasonal sale of farm produce.

c. Seasonal sale of landscape plantings, materials, and lawn and garden supplies (as accessory sales to a business with other commercial activities).

d. Carnivals, circuses, fairs.

e. Commercial tent sales or sidewalk sales.

f. Exhibits for high-technology products (by tenants only).

g. Sales and services by transient merchants with a business license from the City Clerk, unless otherwise exempted under the Olathe Municipal Code (Section 5.30.030) and as defined in Section 18.90.020.

h. Any other use not listed above may require a temporary special event permit as determined by the Planning Official.

2. The temporary sales and events permit may be issued without publication or posted notice and without referral to the Planning Commission if the following conditions are met:

a. The applicant must submit an application containing:

(1) A description of the land proposed to be used.

(2) A site plan showing setbacks, property lines and adjoining structures and the proposed location of the temporary sales and events.

(3) A description of the proposed use.

(4) Hours of operation.

(5) Estimates of accumulated automobiles and persons per hour.

(6) Proposed sanitary facilities.

(7) Proposed parking facilities.

b. The proposed temporary use may be located on property in any zoning district.

c.  Temporary structures erected must be set back from the street right-of-way at least thirty (30) feet and not violate the sight distance requirements (⇔ Section 18.30.220).

d. The proposed temporary use will not operate after 12:00 midnight and before 8:00AM.

e. Nonresidentially zoned properties, unless located in downtown Olathe or zoned for mixed use, may not have outdoor temporary events located closer than two hundred fifty (250) feet from property zoned for residential use unless otherwise approved by the Planning Official.

f. The location of any proposed driveway entrance will not create a traffic hazard.

g. The proposed site must contain adequate parking. Adequate parking will be determined on the basis of one (1) parking space per four (4) estimated people attending per hour.

h. The proposed site contains adequate sanitation facilities. Adequate sanitation facilities require one (1) temporary restroom facility per one hundred (100) estimated people in attendance per hour. However, no sanitation facilities will be required for Christmas tree sales lots or seasonal sale of farm produce.

3. The term of the permit will be as follows:

a. Carnivals, circuses and fairs; tent meetings; commercial tent sales or sidewalk sales; exhibits for high-technology products – not to exceed seven (7) days.

b. Christmas tree sales – not to exceed sixty (60) days.

c. Seasonal sale of farm produce – not to exceed five (5) months.

d. Seasonal sale of landscape plantings, materials, and lawn and garden supplies (as accessory sales to a business with other commercial activities) – not to exceed four (4) months.

e. Temporary communication tower – not to exceed thirty (30) days. For good cause, the Planning Official may extend the permit an additional sixty (60) days.

f. All other temporary events not otherwise listed – not to exceed thirty (30) days.

g. All temporary events – no more than four (4) events per calendar year unless otherwise approved by the Planning Official.

4. Temporary commercial sale of merchandise and services from a vehicle or temporary structure is prohibited, except as provided above.

C. Temporary Offices at Construction Sites

1. Temporary offices for construction may be used on the site of a construction project if they are removed upon completion of the project. A building permit is required.

2. In residential districts, any temporary offices may only be located in a model home and must cease upon the issuance of a certificate of occupancy for the last residential dwelling unit for the subdivision or project or, in the case of a subdivision or project for which approval has been given for phased development, for the last dwelling unit for that phase.

3. Temporary construction trailers may be used for temporary construction offices, but only until a model home is completed. These trailers shall only be used by the contractor and subcontractors, and shall not be used as a real estate sales trailer. All trailers shall be removed once the model home is completed and ready for use.

D. Temporary Modular Structures

1. This section applies to temporary modular structures, except as provided in subsection B, above. A “temporary modular structure” means any structure that:

a. Is assembled at a factory and transported over the road to its destination; or

b. Is equipped with wheels and normally towed over the road behind an automobile or truck; or

c. Is otherwise composed of materials or construction that are customarily associated with temporary activities.

2. Temporary modular structures are not permitted for use for commercial or service uses (see the Use Matrix, Section 18.20.500, for a list of commercial and service uses).

E. Temporary Buildings Prohibited for Residential Purposes

No temporary or incomplete building, and no automotive equipment, trailer, recreational vehicle, garage or other use or building accessory to a family dwelling shall be erected, maintained or used for residential purposes.

F. Portable Storage Containers

Portable storage containers for temporary on-site storage shall comply with the following:

1.  Up to two (2) portable storage containers may be located in all residential zoning districts if the container is placed on the drive or personal parking area and does not obstruct any City right-of-way or interfere with any vehicular or pedestrian circulation.

2.  Portable storage containers shall not be used as permanent accessory structures in any residential district.

3.  Portable storage containers are permitted for up to sixty (60) days in a calendar year and on no more than two (2) separate occurrences. The Planning Official may grant additional time if needed to avoid hardship, and if the applicant has no other alternative for storage. (Ord. 22-22 § 13, 2022; Ord. 19-56 § 12, 2019; Ord. 17-52 §§ 32, 41, 2017; Ord. 08-105 § 2, 2008; Ord. 02-54 § 2, 2002)

* Editor’s note: Ordinance 22-22 omitted subsections C through F of this section. These subsections have been editorially retained.