Temporary uses are any lawfully permitted activity or structure operated or used for a limited time, including, but not limited to, a commercial event and temporary building/storage. A temporary use which is not addressed in Section 17.16.020 shall be limited to the term in the Temporary Use Permit, but in no event longer than twenty-four months.

A.

Temporary uses shall not create life safety hazards. Any use of hazardous material or disposal of hazardous material shall comply with all Federal, State and local regulations. Any use that creates visible or audible interference in radio or television receivers of fluctuations in line voltage at or beyond the property line is prohibited. Specific mitigation may be required by the responsible Town official. A Temporary Use Permit shall be revoked should the use fail to comply with the general provisions and development standards.

B.

Upon expiration of the Temporary Use Permit, the applicant shall immediately discontinue the temporary use. All temporary structures associated with the temporary use shall be removed within three days of the expiration of the Temporary Use Permit. Temporary uses shall not generate live safety hazards. Specific mitigating conditions may be required.

C.

A Temporary Use Permit renewal may be requested by making subsequent Temporary Use Permit application. Decision for renewal will be based on necessity for use and impact to surrounding properties.

(Ord. No. 2019-028, § 2, 9-17-2019)

The following uses may be operated for a limited time period and need not to be enclosed. A temporary use permit must be obtained in accordance with Section 17.16.030. All building permits must be obtained for any structural improvements in accordance with Title 15, CRMC and the Development Procedures Manual.

A.

Commercial event. A Temporary Use Permit for a Commercial Event can be issued for up to ninety days. A commercial event is defined as periodic outdoor sales of goods by occupants of a commercial parcel and includes, but is not limited to, the following:

1.

Farmers' market/seasonal sales. Farmers' market or seasonal sales means a temporary or permanent structure or vehicle used for the sale of agricultural produce and seasonal items.

2.

Sidewalk sale. Sidewalk sale means sales that are conducted by either the store owner or occupant, outside of their store, or by one or more commercial farms, on a public or private sidewalk and/or adjacent pedestrian area.

3.

Truckload sale. Truckload sale means the outdoor sale of various goods by persons who are not employed by the owners or managers of the parcel on which the sale occurs, or tenants of buildings on the parcel on which the sale occurs.

4.

Mobile vendor. Mobile vendor means a commercial establishment that sells goods and freshly made and/or packaged food items from motorized vehicles instead of a storefront location.

5.

Public interest or special event. Public interest or special event means outdoor gatherings, auctions, art sales, block parties, and bake sales for the benefit of the community at-large, or community service or non-profit organizations (either faith-based and secular). These events may also include, but are not limited to, outdoor concerts, auctions, carnivals, circuses, outdoor meetings, and special entertainment at commercial properties. Such uses are often characterized by frequent travel to various communities and high noise levels, regardless of their purpose.

B.

A Temporary Use Permit for a temporary building or temporary storage can be issued for up to twenty-four months, at the discretion of the Director. Temporary buildings/storage includes, but is not limited to, the following:

1.

Manufactured building. Manufactured building means:

a.

A structure that is used temporarily for any purpose allowed in the zoning district; provided, however, that such structure shall conform to all applicable town building and fire codes.

b.

A shipping container twenty feet or more in length that is used to store construction materials.

For purposes of this definition, manufactured building does not include a portable on-demand storage unit.

2.

Model home. Model home and on-site real estate office means a dwelling unit that is used as a model to display the layout and finishes of other dwelling units that are or will be available for sale within a subdivision or condominium development.

3.

Sales office. Sales office means a dwelling unit within a subdivision or condominium that is used as a sales office. Also includes a modular unit used as a sales office for a subdivision or condominium.

4.

Portable storage unit. Portable storage unit means a large reusable receptacle that can accommodate smaller cartons or cases or other material in a single shipment, designed for efficient handling of cargo.

5.

Temporary building/storage yard. Temporary building or storage yard means a location to temporarily store materials and/or equipment.

(Ord. No. 2023-007, § 6, 4-4-2023; Ord. No. 2019-028, § 2, 9-17-2019)

A temporary use permit, as outlined in the Development Procedures Manual, is required for all temporary uses in Section 17.16.020, provided such use is not prohibited in the underlying zoning district.

(Ord. No. 2019-028, § 2, 9-17-2019)

A nonconforming use is a use that once met applicable land use regulation, but no longer does, due to a later change of the land use regulations. A use which was nonconforming at its inception is unlawful and is not allowed under this Chapter.

(Ord. No. 2019-028, § 2, 9-17-2019)

A nonconforming use may continue on the same land area and in the same location in the structure when the use first became nonconforming subject to the following:

A.

The nonconforming use shall not be reestablished if the use is abandoned, discontinued or ceases operation for more than one hundred eighty (180) days;

B.

A nonconforming use shall not be enlarged upon, increased, or extended to occupy a land area or floor area larger than existed at the time the use became nonconforming. No change whatsoever in any aspect of feature, intensity, or character of the nonconforming use shall occur unless such change is in conformance with this Title.

(Ord. No. 2019-028, § 2, 9-17-2019)

A nonconforming structure is a structure that once met applicable land use regulations, but no longer does due to a later change of the land use regulations. A structure that was nonconforming at the time of construction is unlawful and is not allowed under this Chapter.

(Ord. No. 2019-028, § 2, 9-17-2019)

A nonconforming structure may continue to exist, subject to the following;

A.

A nonconforming structure shall not be enlarged, expanded or replaced.

B.

If a nonconforming structure is damaged by fire, explosion or other natural calamity, the structure may be restored to its original condition, provided that such work is commenced within one hundred eighty (180) days of such event, and provided that the cost of restoration does not exceed fifty (50) percent of the fair market value of the structure. If the cost of restoration does exceed fifty (50) percent of the fair market value of the structure, the nonconforming structure shall not be restored.

(Ord. No. 2019-028, § 2, 9-17-2019)

Ordinary repairs and maintenance of a nonconforming structure or a building where a nonconforming use exists shall not be deemed an extension of such nonconforming use or structure and shall be permitted.

(Ord. No. 2019-028, § 2, 9-17-2019)