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Selbyville City Zoning Code

ARTICLE XXIII

Temporary Uses and Structures

§ 200-159 Intent and purpose.

A. 
Intent: allow for the short-term placement of activities in temporary facilities or outside of buildings.
B. 
Purpose: avoid incompatibility between temporary uses and surrounding areas.

§ 200-160 Permit required.

A. 
When a temporary use or structure is permitted pursuant to the provisions in this article, the owner of the property shall file an application for a permit with the Town Administrator on forms supplied by the Town Administrator at least 48 hours prior to the commencement or placement of the temporary use or structure on the property, stating:
(1) 
The location of the property;
(2) 
The date the temporary use or structure will commence or be placed on the property;
(3) 
The type of temporary use or structure;
(4) 
The purpose of the temporary use or structure;
(5) 
The date the temporary use or structure will cease or be removed.
B. 
The application for a permit for a temporary use or structure shall be accompanied by a fee in the amount specified in the annual schedule of fees approved by the Town Council or as otherwise may be established by resolution of the Town Council from time to time.

§ 200-161 Permitted temporary uses and structures.

A. 
Temporary structures or shelters used in connection with and while construction on the premises is in progress for a period not to exceed six months.
B. 
Temporary structures or shelters to be used in connection with a private social gathering or a private social event for a maximum period of time not to exceed 72 hours.
C. 
Temporary structures for residential storage purposes only, such as "PODS," which shall not exceed 500 square feet and 10 feet in height and which shall not remain more than 30 days.
D. 
Temporary outdoor displays/sales of merchandise under the following conditions:
(1) 
No more than two such displays/sales shall be conducted in any calendar year;
(2) 
No sale/display shall exceed three consecutive days;
(3) 
The merchandise is customarily sold on the premises; and
(4) 
The merchandise is neither sold nor displayed on vacant property.
E. 
Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums or other public assembly facilities.
F. 
Farmers' markets or other seasonal product sales, such as pumpkins or Christmas trees.
G. 
On- and off-site contractors' construction yards, provided that the site is properly maintained and kept free of trash and debris.
H. 
Other temporary uses or structures determined by the Town Administrator to be compatible with the zoning district in which they are located and surrounding land uses.
I. 
Yard sales, as such are defined in and subject to the limitations of § 200-3B of this Zoning Code.

§ 200-162 Violations and penalties.

A. 
Any person who shall violate or fail to conform to any of the provisions of this article shall be subject to monetary penalties under this section, in such amount per violation as shall be specified in the annual schedule of fees approved by the Town Council or as otherwise may be established by resolution of the Town Council from time to time, as well as the Town's costs and expenses, including reasonable attorneys' fees, incurred to enforce the provisions of this article and/or to collect the penalties or any other fees, costs or expenses imposed hereunder. Penalties assessed for a violation of this article shall be considered civil penalties, and any action brought for the recovery of the penalties by the Town shall be brought in any civil court of competent jurisdiction.
B. 
For the purposes of this article, each day or part of a day that a violation continues shall be deemed to be a separate offense.