The following sections pertain to temporary uses and structures.

(Ord. No. 17-O-13, 8-8-2017)

(a)

Purpose and intent. Sections 78-90.1 through 78-90.4 allow for the establishment of certain temporary uses provided that such uses are discontinued upon the expiration of the set time period. Temporary uses do not involve the construction or alteration of any permanent building or structure.

(b)

Permitted temporary uses and structures. Temporary uses and structures are allowed as follows:

(1)

List of allowed temporary uses and structures. Table 78-90.1(b): Table of Allowed Temporary Uses and Structures, summarizes the temporary uses and structures that are allowed within the town and any general or specific standards that apply.

(2)

Unlisted uses. Where a proposed temporary use is not specifically listed in this section, the zoning administrator may allow the proposed temporary use subject to review and evaluation. The request shall be treated as an interpretation pursuant to section 78-150.6(e), determination requests. The zoning administrator shall give due consideration to the intent of this chapter concerning the zoning district(s) involved, the character of the temporary uses listed in this chapter, and the character of the use(s) in question. Based on these considerations, the zoning administrator may find that the proposed temporary use is not permitted, that a temporary use permit is required, or that a temporary use is allowed without a permit upon finding the standards of this section are met.

(c)

Temporary use prohibitions. Retail sales or display of goods, products, or services and any associated signage within the public right-of-way or on other town property is prohibited except as part of a town-recognized event or as authorized by the town manager. See also the Herndon Town Code, section 66-1, obstructing streets and sidewalks.

(Ord. No. 17-O-13, 8-8-2017)

(a)

Temporary use permits. All temporary uses and structures required to obtain a temporary use permit pursuant to Table 78-90.1(b), Table of Allowed Temporary Uses and Structures, shall obtain the permit pursuant this section. A temporary use permit shall be reviewed, approved, or revoked in accordance with the standards of this chapter.

(b)

Temporary use site plan required. All temporary uses and structures required to have temporary use permit shall file a temporary use site plan in accordance with section 78-155.6(e)(4).

(c)

Expiration. A temporary use permit shall be effective beginning on the date specified in the permit approval, and shall remain effective for the period indicated on the permit, not to exceed the period allowed for the particular type of use as specified in Article IX, Temporary Uses and Structures.

(d)

Revocation. The zoning administrator may revoke a temporary use permit at any time subsequent to the failure of the owner or operator of the permitted use to observe requirements of the law with respect to the maintenance and conduct of the use, and conditions of the permit that were designated by the zoning administrator when issued. Upon receipt of notice of revocation of the permit, the property owner or operator of such activity shall cease operation of the activity immediately. Such provisions shall not be deemed to preclude the use of any other remedy prescribed by law with respect to violations of the provisions of this division.

(e)

Waiver. The zoning administrator may waive any requirements of this section in specific cases where such requirement is found to be unreasonable and such waiver will not be adverse to the intent of this chapter.

(f)

Amendment. A temporary use permit may be amended, extended, or modified in accordance with the procedures and standards established for its original approval.

(Ord. No. 17-O-13, 8-8-2017)

All temporary uses and structures shall meet the following general requirements, unless otherwise specified in this chapter:

(a)

Limited impact. The temporary use shall not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare and impact shall be limited as follows:

(1)

Normal wear, tear and risk. There shall be no damage to public or private property beyond normal wear or tear. There shall be no unusual risk of injury to persons.

(2)

Impact on residential uses and noise limits. The temporary use shall not have substantial adverse or noise impacts on nearby residential uses or neighborhoods. There shall be no public or private disturbances or nuisances. All temporary uses or events that include the operation of amplified sound shall obtain approval as required by Article V, Chapter 26 of the Herndon Town Code.

(3)

No permanent alterations. Permanent alterations to the site are prohibited.

(b)

Circulation and parking. There shall be no unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel and parking shall be required as follows:

(1)

Off-street parking required. All temporary uses shall be provided convenient off-street parking spaces in sufficient number for the use, as determined by the zoning administrator with reference to the requirements of section 78-100, off-street parking and loading standards. Notwithstanding other requirements of this section, such parking may be located off-site.

(2)

Parking surface. All off-street parking shall occur on paved or graveled surfaces. Any parking surface added for the temporary use shall be removed within 30 days of the termination of the temporary use.

(c)

Public services and safety. The applicant shall arrange for any security police, fire, trash removal, maintenance, or other public services the event, use or structure may require.

(d)

Sufficient area. The temporary use site shall be sufficient to accommodate the use or structure as follows:

(1)

Developed property. If the property is developed, the site of the temporary use shall contain an area that supports the temporary use without encroaching into or creating a negative impact on existing buffers, open space, landscaping, pedestrian and vehicular traffic movements (including emergency vehicle access), and parking space availability. Portions of on-site parking areas may be used for the temporary use provided emergency access remains available and the applicant demonstrates that parking will be sufficient for the permanent uses as well as the temporary use. Permanent on-site lighting shall be available in proximity to ensure the safe operation of the temporary use.

(2)

Undeveloped property. If the property is undeveloped, the site of the temporary use shall contain sufficient land area to allow the temporary use to occur, as well as any parking and traffic movement that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers.

(e)

Relation to principal uses. The impact of the temporary use or structure on the principal use or the site shall be limited as follows:

(1)

No interference with normal operations. Any temporary structures, including tents, shall be located so as to not interfere with the normal operations of any permanent use located on the property and so as to maintain adequate parking availability on the site while the temporary use is in place.

(2)

Approval conditions of principal use shall apply. The temporary use shall not violate any applicable conditions of approval that apply to the principal use on the site.

(f)

Hours of operation. Unless otherwise specified in this section, the hours of operation shall be limited to between 9:00 a.m. to 7:00 p.m.; provided, however, that based upon a lighting plan submitted by the applicant, the zoning administrator may approve additional evening hours, but in no event, shall a temporary use operate after 11:00 p.m. If permanently-installed lighting is not available in proximity to ensure the safe operation of the temporary use, the zoning administrator may restrict operation of the temporary use to daylight hours.

(g)

Limit on number of events per year. In no event shall the town issue a permit for a temporary use for a parcel or property already subject to five temporary use permits for five events, respectively, within a single calendar year.

(h)

Permits and inspections. All inspections and permits required by applicable construction codes shall have been approved and passed.

(i)

Signage. Signs for temporary uses shall meet the following standards.

(1)

Signs removed when temporary use ends. All approved temporary signs associated with the temporary use shall be removed when the activity ends.

(2)

No signs in public right-of-way. No signs associated with the temporary use or activity shall be permitted in the public right-of-way.

(j)

Removal of temporary structures/restoration of site. Temporary uses and structures shall be removed and the site restored as follows:

(1)

Forty-eight hour time frame for removal/restoration. Structures and features associated with the temporary use shall be dismantled and the site shall be returned within 48 hours to its condition prior to the establishment of the temporary use. Failure to comply with this requirement may cause the town to restore the site at the expense of the property owner and the address shall be prohibited from obtaining another temporary use permit for three years.

(2)

Performance bond or guarantee may be required. If determined necessary by the zoning administrator to ensure the public health, safety or welfare, the applicant shall submit a performance bond or other financial guarantee to ensure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.

(Ord. No. 17-O-13, 8-8-2017)

(a)

Standards for uses and structures that do not require a temporary use permit. The following events or activities may occur without a temporary use permit subject to time limits in Table 78-90.1(b) and additional standards below.

(1)

Sidewalk sales by non-profit organizations. Sidewalk sales of cookies, candy, baked goods, or similar small items by civic or nonprofit organizations on commercial properties in areas devoted to pedestrian use provided that:

a.

A safe and adequate passageway for pedestrians is maintained during the event;

b.

The activity is limited to eight hours per day; and

c.

All tables, chairs and other furniture or equipment associated with the event are secured overnight.

(2)

Temporary uses on town rights-of-way or town property. Temporary uses located on town rights-of-way or town property shall be approved by the town manager.

(3)

Temporary parking approval. Temporary parking for events lasting up to four days shall be subject to prior approval from the Town of Herndon Police Department. If the use is to utilize off-site parking, the following information must be submitted to the zoning administrator:

a.

A letter of consent from the property owner or legal agent of the property to be used; and

b.

A description of how attendees will access safely the temporary use from the off-site parking

(4)

On-site portable storage unit. A property owner or tenant may rent and use a portable storage unit on residential property in accordance with provisions in Article IX, and when the following conditions are met:

a.

The unit is no larger than eight feet by eight feet by 16 feet.

b.

There are no more than two portable storage units for any address at any one time.

c.

The portable storage unit is used only for the temporary storage of household goods and related items. The portable storage unit may not be used for construction materials or waste.

d.

The portable storage is not placed on the property as an accessory structure.

e.

The portable storage unit is placed on an impervious surface.

f.

On duplex, townhouse, quadruplex, or multi-family properties, placement of the unit must be approved by an appropriate management or ownership entity to ensure safe and convenient access to required parking spaces, driveways, and pedestrian pathways and to ensure that the unit does not obstruct emergency access or infringe on required landscaped areas.

g.

The department of community development is notified at least one business day prior to placing the unit on the site.

h.

The unit(s) shall not be on-site for more than 30 days, per year, per address. The placement of such units shall be limited to two occurrences per year, per address, the combined duration of which shall not exceed 30 days per consecutive 12-month period.

(5)

On-site temporary construction-related activities. On-site temporary construction-related activities, including construction offices, indoor and outdoor storage, fencing, portable toilets and parking may occur on the same site as the construction project without obtaining a temporary use permit.

(6)

Roll-off dumpster on residential property. A property owner or tenant may rent and use a roll-off dumpster on residential property in accordance with provisions of Article IX, and when the following conditions are met:

a.

The department of community development is notified at least one business day prior to placing the unit on the site.

b.

The unit is placed on the site for the allowable time frame specified in Table 78-90.4(a)(6) Extensions of time limits may be approved by the zoning administrator for building permits subject to a single lot development plan or approved subdivision site plan in accordance with section 78-155.6(j).

c.

The unit has a maximum capacity of 30 cubic yards, or is no larger than eight feet by eight feet by 16 feet.

d.

The dumpster is used only for disposal of acceptable waste. Examples of waste that are not acceptable include refrigerators, a/c units, tires, batteries, car parts, hazardous waste, gas and propane tanks, dirt, rock, concrete, roofing, railroad ties, and other high-density materials.

e.

On duplex, townhouse, quadruplex, or multi-family properties, placement of the unit must be approved by an appropriate management or ownership entity to ensure safe and convenient access to required parking spaces, driveways, and pedestrian pathways and to ensure that the unit does not obstruct emergency access or infringe on required landscaped areas.

f.

The extension of the allowable time frame for a roll-off dumpster on a residential property may be permitted for a building permit subject to a single lot development plan or a subdivision site plan as follows:

1.

The property owner shall file a written request with the zoning administrator indicating why the additional time is required.

2.

The request and approval shall be subject to an inspection by the zoning administrator to determine whether or not the dumpster appears to be creating any off-site nuisances, such as but not limited to odors and insects.

(b)

Standards for certain temporary uses and structures that require a temporary use permit. In addition to the general standards for all temporary uses described in section 78-90.3 certain temporary uses shall also be required to meet the following requirements to obtain a temporary use permit.

(1)

Temporary office facilities. Temporary facilities used as sales/leasing offices, including those located in a model unit of a residential project, or used during construction to expand or replace a permanent building, may be permitted on the same site as the permanent use. Sales offices may be established for pre-sales or leasing prior to construction of the project. Such temporary offices may remain on the site for no more than 36 consecutive months. This period may be renewed for two twelve-month periods, for good cause shown, upon approval of a written request, submitted to the zoning administrator 30 days prior to the expiration of the permit. In no event, however, shall such extensions allow the temporary use to remain on the site for more than three years. All temporary buildings approved pursuant to this section shall meet the following additional requirements:

a.

Such structures may be located anywhere on site, except within existing vegetated buffers or other areas designated on the site plan to remain free from land disturbance.

b.

The temporary structure shall be factory-fabricated and transportable.

c.

Under-skirting shall be installed around all temporary structures requiring site plan approval.

d.

All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained from the building official prior to installation of the temporary structure.

e.

The structure shall be maintained in good condition.

(2)

Off-site construction-related activities. Off-site temporary construction-related activities, including construction offices, indoor and outdoor storage, fencing, portable toilets and parking may be located on a site that is nearby the construction site with approval of a temporary use permit. Upon removal of the construction use, the site shall be restored to its previous condition.

(3)

Outdoor retail sales events associated with an existing business. A temporary use permit for an outdoor retail sales event associated with an existing business shall conform to the following:

a.

An outdoor retail sales event shall take place on an improved site where the principal use is retail sales, or on an immediately adjacent site.

b.

Outdoor retail sales events shall be conducted by and clearly associated with an existing retail business which has been reviewed and approved for compliance with the provisions of this chapter, and for which there are no outstanding violations of this chapter.

c.

An outdoor retail sales event associated with an individual business, shopping center, or site shall be limited in scope to similar or complementary products, goods, and/or services to those offered by the existing principal use(s) located upon the same site. The temporary sale of products, goods, and/or services that differ from the normal range of those offered by an existing principal use(s) shall be prohibited.

d.

Distance from residential dwelling. The proposed display and/or sale of goods, products and/or services during an outdoor retail sales event may not occur within 200 feet of an occupied residential dwelling unit.

e.

Sidewalk and parking lot sales, located on the same site as the merchant's permanent place of business, may not impede or obstruct safe pedestrian and vehicular circulation.

(4)

Seasonal sales. Notwithstanding the specific use regulations of the individual commercial and industrial zoning districts enumerated in this chapter, the following uses may be permitted on a temporary basis, subject to approval of a temporary use permit, when such uses are in conformance with the regulations of Article IX, and on property located within any commercial or industrial zoning district; or on the property of nonresidential uses approved by special exception in residential zoning districts:

a.

Temporary retail sales stands limited to the primary sale of Christmas trees;

b.

Halloween pumpkins;

c.

Fireworks; and;

d.

Civic or nonprofit group merchandise. For the purpose of this section the term "civic or nonprofit group" shall include any organization that meets regularly in the town or which has "Herndon" or a town location in its name, and which has demonstrated service to the town.

(5)

Special events (not including grand openings). Temporary special events lasting no more than four days, including but not limited to cultural events, musical events, celebrations, festivals, fairs, carnivals, circuses, and communal camping held on private property within the town, unless exempted pursuant to section 78-90.4(a) may be permitted subject to a temporary use permit in compliance with the following standards:

a.

The proposed special event shall not be of such a nature, size, or duration that the particular location requested cannot reasonably accommodate the event.

b.

The proposed special event shall not be at a time and location that has already been permitted or reserved for other activities in the same location.

c.

In approving the temporary use permit for the special event, the zoning administrator is authorized to impose such conditions upon the premises benefited by the permit as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or aggravated by the proposed special event. The zoning administrator is authorized, where appropriate, to require:

1.

Provision of temporary parking facilities, including vehicular access and egress.

2.

Control of nuisance factors, such as but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat.

3.

Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.

4.

Provision of sanitary and medical facilities.

5.

Provision of solid waste collection and disposal.

6.

Provision of security and safety measures, including lighting if the temporary use is in operation after day light hours.

7.

Use of an alternative location or date for the proposed temporary use.

8.

Amendment or elimination of certain proposed activities.

9.

Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested or specified in this section.

d.

A temporary use permit for a special event authorized pursuant to this section shall be limited to a maximum duration of four days, with a maximum of three occurrences per parcel per year, unless otherwise specifically authorized by the zoning administrator.

(6)

Temporary assembly site for day workers. A temporary assembly site for day workers shall require approval of a special exception subject to section 78-155.3 and must conform to all of the following conditions, in addition to any specifically imposed conditions.

a.

The use shall be permitted by special exception for not more than two years after the date of town council approval, with up to three one-year extensions granted by town council possible. No further extensions will be granted for such use on same site.

b.

No more than one assembly site, whether formal or informal, shall be permitted in the town.

c.

The size and location use shall meet the following standards:

1.

The area of operation on the site shall be defined in the special exception application, and the operations shall be confined to the defined area.

2.

No lot or parcel on which is located the site shall be less than one acre in size. The site may occupy all or part of the lot or parcel.

d.

The site shall be managed as follows:

1.

The maximum number of workers to be present on the site at any one time shall be set forth in the special exception application. The number of parking spaces and bicycle racks, the vehicular circulation system, and the size of the facilities shall accommodate this maximum number.

2.

Written operating procedures governing the site shall be submitted as part of the special exception application and made a part of the conditions of this special exception. Among other operating procedures the hours of operation of the site shall be set forth.

3.

The site, and any buildings or structures on the site shall be maintained in good order, free from litter or trash, and in a presentable, well maintained and safe manner, as determined by the zoning administrator using recognized standards.

4.

All activities conducted on the site shall be carried out in a lawful manner, as determined by competent town, Virginia, or federal authorities. Nothing in this subparagraph shall be construed to suggest or require that the zoning administrator enforce any set of laws other than the town's zoning ordinance.

5.

Sufficient staff shall be provided to control activities during operation of the site.

6.

No more than one mobile commercial food vendor shall operate at or on the site at any one time. This vendor may be present at the site only during operating hours of the site.

e.

The site features shall include the following:

1.

Shelter from the elements, potable water and toilets for the workers may be provided. Temporary, modular, or manufactured units may be permitted. There must be approval of the architectural review board of all architectural features of all buildings or structures prior to installation on the site.

2.

A gravel, concrete, asphalt milling, or asphalt surface shall be required for all vehicular and pedestrian circulation areas. The surface materials shall be as specified by the town council.

3.

Screening shall be provided on any side of the site adjacent to any property zoned or used for residential purposes.

(7)

Private farmers' markets. Private farmers' markets on private property within the town, unless exempted pursuant to section 78-90.1(c), shall comply with the following standards:

a.

Private farmers' markets are permitted subject to a temporary use permit within the business (PD-B) zoning district.

b.

The operation of the market is limited to a maximum of one day a calendar week and shall not exceed seven hours per calendar day including set-up and clean-up. Such uses shall be limited to no more than 30 weeks per calendar year. No market related vehicles or tents, stands or other materials shall be present on site before or after the time allotted per day unless within a permanent enclosed structure.

c.

Vendors shall grow or produce substantially all items sold. Goods meeting the value-added definition developed by the USDA and accepted by the Commonwealth of Virginia as well as the carrying of goods produced within the same region and meeting the requirements of the market are also permitted. The "region" is defined as within 220 miles of the Town of Herndon.

d.

The private farmers' markets may include accessory educational activities associated with food, food preparation and horticulture, demonstrations and general entertainment.

e.

Prior to the initial commencement of operations, the owner of the property on which the private farmers' market is located shall submit to the zoning administrator for review and approval (if it is approved) an application to hold a private farmers' market. The application shall include the following information:

1.

A to scale drawing of the site indicating the total square footage of the property, the proposed location of the farmers' market and accessory activities, the total number of parking spaces, the total number of parking spaces required for the existing development, the number of parking spaces that will be occupied by the farmers' market, the general arrangement of vendors, and the location of both the farmers' market commercial signs and directional signs.

2.

An accompanying description of the means of separating the market area from adjacent parking areas and drive aisles, proposed alternative traffic flow, a justification as to why the market as proposed will not pose parking conflicts with existing uses on site, the number of vendors, the name, address and type of merchandise of each vendor, the name, phone number, e-mail address and mailing address of the property owner and property owner's responsible agent, the name, phone number, e-mail address and mailing address of the farmers' market organizer and market manager, as well as the names of market's advisory board or other oversight body.

3.

A copy of the market's operational regulations, a notarized affidavit by the market organizer that all vendors meet the market's operational regulations, meet the regulations of the Town of Herndon Zoning Ordinance governing private farmers' market vendors, and have successfully completed all required federal, state, county and town inspections. If the market is approved and vendors are added during the period of its operation, the information provided to the town shall be updated prior to any new vendor beginning operations on site.

f.

When reviewing the application, the zoning administrator shall consider the location of fire lanes, the ability of the site to continue to provide equitable parking for tenants of the property as well as the farmers' market, the ability of the proposed layout to provide safe vehicle and pedestrian access for both the farmers' market users and permanent tenant users and whether or not the proposed use meets the requirements of this chapter.

g.

Private farmers' markets activity shall not be located on pervious surfaces.

h.

Private farmers' markets shall not be located on parcels or unified commercial developments of less than 20 acres.

i.

The owner of the property on which the private farmers' market is located may utilize no more than 15 percent of the reserved market area for self or non-temporary tenant promotional purposes including demonstrations, food and horticultural education, coupon distribution and similar activities. Sales by the owner of the property and non-temporary tenants shall be limited to prepared food and beverages.

(8)

Temporary family health care structures. Temporary family health care structures for use by a caregiver in providing care for a mentally or physically impaired person and on property owned or occupied by the caregiver as one's residence is a permitted accessory use to the primary structure in any single-family residential zoning district on lots zoned and used for single-family detached dwellings (R-15, R-10, PD-R [as appropriate], PD-TD and PD-D [as appropriate]) with approval of a temporary use permit and subject to the following:

a.

Such structures shall not require a special exception permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures, except as otherwise provided in this subsection, (8). Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. Only one temporary family health care structure shall be allowed on a lot or parcel of land.

b.

The following definitions shall apply for the purposes of this subsection.

1.

"Caregiver" means an adult who provides care for a mentally or physically impaired person within the commonwealth. A caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally or physically impaired person for whom the caregiver is caring.

2.

"Mentally or physically impaired person" means a person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in Code of Virginia § 63.2-2200, as certified to the zoning administrator in a writing provided by a physician licensed by the commonwealth.

3.

"Temporary family health care structure" means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person or, in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in Code of Virginia, § 63.2-2200, as certified in writing by a physician licensed in the Commonwealth; (iii) has no more than 300 gross square feet, and (iv) complies with applicable provisions of the Industrialized Building Safety Law (Code of Virginia, § 36-70 et seq.) and the Uniform Statewide Building Code (Code of Virginia, § 36-97 et seq.).

c.

Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.

d.

Any person proposing to install a temporary family health care structure shall first obtain a temporary use permit from the town. The town may not withhold such permit if the applicant provides sufficient proof of compliance with this subsection, (8). The applicant must provide to the zoning administrator evidence of compliance with this subsection (8) on an annual basis on the anniversary of the granting of the temporary use permit, as long as the temporary family health care structure remains on the property. Such evidence may involve the inspection by the town of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation.

e.

Any temporary family health care structure installed pursuant to this subsection (8) may be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicable requirements of the Virginia Department of Health.

f.

No signage advertising or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.

g.

Any temporary family health care structure installed pursuant to this subsection (8) shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired person receiving services or in need of the assistance provided for in this subsection.

h.

The zoning administrator may revoke the temporary use permit granted pursuant to subsection (8)c. if the permit holder violates any provision of this subsection (8). Additionally, the town may seek injunctive relief or other appropriate actions or proceedings in the circuit court to ensure compliance with this subsection (8). The zoning administrator is vested with all necessary authority on behalf of the governing body of the town to ensure compliance with this subsection (8).

(9)

Grand openings. On properties zoned CC, CS, CO, PD-B, PD-D, PD-TD, PD-TOC, PD-W and O&LI each business, not including home-based businesses, commencing operations at a new address within the town, or a business that has undergone significant structural alteration necessitating the submission of a site plan, or any change necessitating a new business license, on or after January 1, 2011 may hold one grand opening event subject to the following provisions:

a.

Applications for a temporary use permit for a grand opening must be received by the town within eight months of the business opening to the public or, in the case of structural alterations, final occupancy being granted by the building official.

b.

The proposed grand opening event shall not be of such a nature, size, or duration that the particular location requested cannot reasonably accommodate the event, as determined by the standards below in subsection d.

c.

The proposed grand opening event shall not be at a time and location that has already been permitted or reserved for other temporary use activities in the same location.

d.

In approving the temporary use permit for the grand opening event, the zoning administrator shall be guided by the following standards:

1.

Provision of temporary parking facilities, including vehicular access and egress.

2.

Control of nuisance factors, such as but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat.

3.

Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.

4.

Provision of sanitary and medical facilities.

5.

Provision of solid waste collection and disposal.

6.

Provision of security and safety measures, including lighting if the temporary use is in operation after day light hours.

7.

Use of an alternative location or date for the proposed temporary use.

8.

Amendment or elimination of certain proposed activities.

e.

The proposed grand opening event may include a variety and combination of activities to be held during the entire duration of the grand opening event or during portions of the grand opening event.

(Ord. No. 17-O-13, 8-8-2017)