The following types of temporary uses may be authorized, subject to specific limitations herein and such additional conditions as may be established by the Director of Development Services for the City of Fredericksburg or his or her designee "Director."

A.

Model homes or apartments and related real estate sales and display activities located within the subdivision or residential development to which they pertain.

B.

New subdivisions or apartments and related real estate sales and display activities located within the subdivision or residential development to which they pertain.

C.

A temporary sales office for use in development of a new subdivision may be established and operated within the subdivision for a period not to exceed four (4) years from the date of the first construction permit issued in the subdivision or until ninety-five percent (95%) of the lots therein are sold, whichever occurs first; provided that extension of time may be granted by the Board of Adjustment on application duly made for a special exception or temporary permit to continue such temporary use.

D.

Public, religious, patriotic, or historic assemblies, displays or exhibits, including festivals, benefits, fund-raising events or similar uses which typically attract a mass audience shall require any use district other than residential. (Exception: religious assembly in residential districts) and shall not be subject to the provisions of Subsection M below.

E.

Circuses, carnivals, rodeos, fairs, or similar transient amusement or recreational activities not closer than two hundred (200) feet to an existing dwelling shall require any use district classification other than residential and shall be subject to the provisions of Subsection M below.

F.

Outdoor art and craft shows and exhibitors shall require any use district classification other than residential, and shall be subject to the provisions of Subsection M below.

G.

Christmas tree sales lots shall require any use district classification other than residential and other than Historic Overlay District (HO).

H.

One house trailer or mobile home to serve as a dwelling my be permitted on a construction site during construction, upon application to the Director setting out the need therefor, to provide security against theft or vandalism of materials or equipment or other property left on the site during night time. This permit shall allow no more than one such dwelling per construction site, shall be effective for no more than six months, and shall be renewable, upon application, for no more than one additional six month period. Denial of such a permit may be appealed to the Board of Adjustment.

I.

Seasonal retail sale of agricultural or horticultural products raised or produced on or off the premises. To be limited to 120 days per calendar year and shall be subject to the provisions of Subsection M below.

J.

Additional Temporary uses determined to be similar to the foregoing by the Building Official which may be subject to the provisions of Subsection M below.

K.

Outdoor special sales, including swap meets, flea markets, parking lot sales or similar activities, limited to locations in commercial or industrial districts, and when operated not more than three days in the same week or more than five days in the same month or more than two weekends in the same month per location, and shall be subject to the provisions of Subsection M below.

L.

Temporary use of mobile trailer units or similar portable structures including tents and like structures for non-residential uses, located in districts other than the Historic Overlay District (HO) where the use is a permitted use, and limited to a maximum period of six months. Exception: KIOSK located in the Historic Overlay District (HO) where the use is a permitted use. (KIOSK as used herein is meant as an informational, non-manned structure). Permitted Mobile Food establishments are governed by Chapter 8 Article V. of this Code of Ordinances and are therefore not Temporary Use Types for the purposes of this section.

M.

No temporary type structures shall be placed in the Historic Overlay District (HO). Temporary structures shall include mobile trailer units, portable structures, sun shades of whatever material, tents, tarps, or umbrellas. Notwithstanding the foregoing sentence, the use of tents by Event Centers, and the use of umbrellas or similar detached (portable), non-structural sun shading devices by a restaurant for that restaurant's outdoor eating and serving areas, shall be permitted in the HO in conformance with the following conditions:

(1)

The covered area at a restaurant, for that restaurant's outdoor eating and serving areas, shall be specifically defined with impervious surface in place.

(2)

No advertising, logos, or words which would violate the City's sign ordinance or any other law or statute shall appear on the Cover, and any advertising which does meet the City's sign ordinance shall be included in the overall allowable signage for the business.

(3)

The color of the Cover shall be an approved color under the City of Fredericksburg's Historic Design Guidelines and Standards, and any Cover displaying pictures, stripes, floral or other designs, if any, shall be approved by the Historic Review Board of the City of Fredericksburg, which shall approve or disapprove the Cover pursuant to the City's Historic Design Guidelines and Standards. Traditional white, beige, cream, or similar colors may be approved administratively by the Historic Preservation Officer. The Historic Preservation Officer may choose to send review of any proposed Cover to the Historic Review Board, should City staff determine that the proposed Cover requires additional approval.

(4)

If the Cover to be used by a restaurant for that restaurant's outdoor eating and serving areas is not an umbrella that is commonly used in outdoor dining as defined below, all aspects of the particular shading device shall be subject to review and approval by the Historic Review Board of the City of Fredericksburg, pursuant to the City's Historic Design Guidelines and Standards.

(5)

Umbrella, for the purposes of this Subsection 8.100(M), is defined as a light, portable cover for protection from rain or sun consisting of fabric held on a collapsible frame of any shape having a diameter or cross-measurement in any direction of no more than 13 feet. Both tents and umbrellas are referred to collectively as "Cover".

(6)

Tent, for the purposes of this Subsection 8.100(M), is defined as a light, portable cover for protection from rain or sun consisting of fabric held on a collapsible frame of any shape having a diameter or cross-measurement in any direction. Both tents and umbrellas are referred to collectively as "Cover." Tents used by an Event Center shall not be installed more than 48 hours prior to the start time of an event, and shall be removed within 48 hours following the end time of the event. Upon a showing of good cause, the 48-hour time period allowed for installation or removal of a Tent under this subsection may be extended by administrative approval of the Historic Preservation Officer.

(7)

For the purpose of this Subsection 8.100(M), "Event Center" shall be defined as a service commercial establishment used for the gathering of groups of persons for specific functions including social, recreation, amusement or dining activities, and where food and beverages may be served on the premises. Such facilities are frequently rented out for public or private activities that are not repeated on a weekly basis, and which are not open to the public on a daily basis at times other than when an event is scheduled. Other establishments such as restaurants, tasting rooms, or other commercial venues, which may on occasion hold events within their facility, but which events are not part of the day-to-day operations of the business, are not considered an Event Center under this definition.

N.

Small sales carts that are man-powered only, and not larger than five feet by six feet fully extended, that are colored and styled in keeping with the Historic District in the determination of the Director shall be permitted in the Historic Overlay District (HO). Regulation of small sales carts shall be by the Director who shall also determine that those using the same abide by the laws and regulations that are relevant. The Director shall be permitted to place other reasonable restrictions and requirements upon the use of such sales carts. The use of sales carts shall be limited to the time periods set forth in Section K. above.

O.

Uses permitted under sections E, F, J, K, L and N above shall require issuance of a permit for each location by the Director prior to setting up or commencement of sales. Such permit shall ensure compliance with the terms of this ordinance and other ordinances and health regulations. The Director shall not issue a permit unless each applicant or vendor provides proof of sales tax permits and permission of the owner of the location for which the permit is issued for the intended use. The Director may establish procedural rules and application forms requiring relevant information to implement this permit process and may place limits on changes to permits, set-up and take-down times and the like. The initial permit fee will be $25.00 per month. Permits shall not be issued less than five days nor more than three months in advance of the time period for which they will be used.

(Ord. No. 14-001, § 8.100, 1-19-2004; Ord. No. 19-011, § 8.100, 9-21-2009; Ord. No. 25-004, 5-4-2015; Ord. No. 2021-26, § 1, 11-1-2021)