A.

Authorization of Temporary Uses

The Director of the Department of Planning and Zoning shall have the authority to authorize a temporary use of land in any district. A temporary use may not be approved for a use which is expressly prohibited by these Regulations or one for which Conditional Use approval is required in the corresponding zoning district. Except as provided in Subsection b. below, a temporary use may be authorized for a period not exceeding 90 days, provided the land shall be entirely cleared of such use within five days after such temporary authority expires. Up to four extensions of the temporary use may be granted by the Director of the Department of Planning and Zoning for periods not exceeding 90 days each, up to a maximum total limit of one year. The Department of Planning and Zoning may approve such extensions upon written request if there are no modifications of the use and no complaints regarding the temporary use have been received.

For a temporary use which has already been extended up to the one year limit, a new Temporary Use petition may be processed in accordance with the procedures for the original petition. Such a petition will only be granted if the applicant is able to document that the continuation of the use is required to meet Federal, State, or County requirements.

B.

Special Authorization for Annually Recurring Temporary Uses

The Director of the Department of Planning and Zoning may authorize an annually recurring temporary use for a specified annual time period not to exceed 90 days. Provided that the location, scope and nature of the use do not change (other than the dates of operation) and provided that written complaints have not been received by the Department, the temporary use authorization will remain valid for a period of up to 5 years. The conditions of approval and the period of validity shall be stipulated within the Decision and Order. Should a written complaint be received by the Department subsequent to the issuance of the Decision and Order, the Department will notify the petitioner that the use may not continue beyond the current year until a new petition has been submitted and processed in accordance with the procedures for the original temporary use approval.

C.

Criteria for Approval

A temporary use may be approved if the Director of the Department of Planning and Zoning determines that:

1.

The use will not adversely affect vicinal properties.

2.

The use does not require significant or permanent changes to the existing topography, vegetation, structures, or other features of the site.

D.

Procedures

The Department of Planning and Zoning shall hold a public hearing on Temporary Use applications in accordance with Section 100.0.H. Appeals from the decision of the Director of the Department of Planning and Zoning shall be to the Hearing Authority on a de novo basis. Appeals must be filed within 30 days of the date of the Decision and Order.