(a)

Intent. To provide for the regulation of temporary and seasonal uses and structures. Temporary use permits shall be valid only for the period of time specified below, and only two (2) renewals of the permit may be granted unless otherwise provided by this Section. Failure to terminate such temporary use by the specified time shall be considered a violation of this Code. Uses may be added to this list from time to time by the Board of Trustees. All temporary uses involved in the sale of goods require a sales tax license. Other licenses may also apply.

(1)

Permits are subject to reasonable stipulations established at the time of application and review, including but not limited to: safe and adequate access; sufficient parking without interfering with public rights-of-way, streets and sidewalks; adequate sanitation facilities; provision for collection, recycling and disposal of all waste; and compliance with all building, construction and fire codes.

(2)

Nothing in this Section shall be construed so as to prohibit persons from conducting garage or yard sales and children's beverage and snack stands in the residential zoning districts of the Town, subject to all applicable rules and regulations.

Table 16-7
Temporary Uses

* See Paragraph (d)(6) below for permissible extension periods.

(b)

Temporary structures. The placement of temporary structures within the Town is prohibited except as provided in this Section. Temporary structures shall be allowed subject to the following conditions:

(1)

Temporary structures shall only be utilized to replace an existing structure being demolished on site while a new permanent structure on the same site is being constructed.

(2)

The temporary structure shall have no greater floor area than the structure it is temporarily replacing.

(3)

The temporary structure shall not be placed on site until a building permit has been issued for the new structure.

(4)

The applicant, owner, lessee, etc., of the structure shall provide a letter of credit or cash escrow ensuring the complete removal of the structure, site clean-up and site re-vegetation, once the permit for the temporary structure has expired. In addition, the applicant, owner, lessee, etc., shall enter into an agreement with the Town, authorizing the Town to take possession of the structure and dispose of it upon failure of the applicant to remove the structure in a reasonable period of time.

(5)

Exemptions. Any use or event allowed under a special event permit, food truck permit, temporary tents, air structures or other similar structures, not intended for office, retail, industrial or commercial use, shall be exempt from the provisions of this Section, subject to all other relevant provisions of this Code.

(c)

Temporary construction trailers. Construction trailers shall not be placed on site prior to the issuance of a building permit and shall be removed upon issuance of a certificate of occupancy.

(d)

Temporary and/or mobile vendor trailers or carts. Temporary and/or mobile vendor trailers or carts may be allowed when they meet the following criteria:

(1)

Special event vendors shall comply with the requirements of Article VII of Chapter 6 and any mobile food truck or pushcart operators shall comply with Article X of Chapter.

(2)

They are located entirely on public or private property.

(3)

They are no greater than one hundred (100) square feet in size.

(4)

They provide a positive impact upon the community as determined by an evaluation of the application against all relevant provisions of this Chapter. These will include, but not be limited to, aesthetics, site design, architectural compatibility and impacts on traffic.

(5)

No more than five (5) temporary vendors are allowed to be located within a one-half-mile radius.

(6)

An extension of sixty (60) days may be granted if no issues arise, after which time an additional ninety-day extension may be granted, with subsequent ninety-day extensions for any temporary vendor not doing business for one hundred (100) days or less in a calendar year.

(7)

For any temporary vendor doing business for more than one hundred (100) days in a calendar year, an extension of sixty (60) days may be granted if no issues arise, after which time an additional ninety-day extension may be granted, with subsequent ninety-day extensions up to, but no longer than, two (2) years. A six-month hiatus must take place prior to any new permit being issued.

(e)

Temporary uses must be located in commercially zoned districts.

(f)

Submittal requirements. Requests for temporary structures or uses shall require the issuance of a permit. Application for a permit shall be accompanied by the following information:

(1)

A temporary use permit application.

(2)

A plot plan for the site which shall include:

a.

All required setbacks for the district in which the temporary use is located.

b.

Access to the temporary use and/or structure from a public right-of-way.

c.

Dimensions of all existing and proposed structures.

d.

Location of required off-street parking and loading areas.

(3)

An authorization letter from the legal property owner giving the applicant permission to apply for a temporary use permit.

(4)

Permits from the Building Department allowing the construction of required temporary structures and connection to an electrical supply.

(g)

Criteria for approval. The Planning Department shall approve a request for temporary use unless it determines that the temporary use adversely impacts the surrounding properties. For purposes of this Subsection, adverse impacts shall include unreasonable noise, odor, traffic or other impacts on surrounding properties inconsistent with the purposes of the Land Development Code.

(h)

Permits. Temporary use permits will be issued after Planning Department review. Review time shall not exceed ten (10) working days. Any denial of a temporary use permit shall be appealable to the Board of Trustees.

(i)

Signs. Only one (1) temporary sign will be allowed per temporary use and shall be a maximum of thirty-two (32) square feet in size, with a maximum of eight (8) feet in height. This sign shall not count towards a property's maximum number of signs allowed. Menu or pricing signs are allowed, though not to exceed one (1) square foot in size. Signage printed on a temporary trailer, vehicle or cart is allowed.

(j)

Violation. In the event that any use or structure does not comply with these regulations or other applicable departmental regulations, such as health regulations, or otherwise becomes a nuisance as defined in Chapter 7 of this Code, the Town may revoke any permit issued within forty-eight (48) hours of notice, whether verbal or written, and in the event that a violation is clearly offensive and at the discretion of the Town Administrator, the permit may be revoked immediately.

(k)

Penalty. Penalties shall be as defined in Chapter 1, Article IV, in this Code.

(Ord. 12-02 §1)

(Ord. No. 19-17, § 2, 7-9-2019; Ord. No. 23-05, § 2, 5-23-2023)