(a) Except where specific temporary uses are provided for in this Code, and except as provided in subsection (b), upon a determination that a temporary use of land will not adversely affect nearby properties and will not require significant or permanent changes to existing topography, vegetation, or other natural features, the Planning and Zoning Officer may authorize the use in any zoning district for a period not exceeding 60 days. The Planning and Zoning Officer may grant up to two extensions of the temporary use for periods not exceeding 60 days each. The land shall be entirely cleared of the temporary use within five days after the expiration of the period.
(b) Farm or agricultural heritage site special events, one to eight annual events. The Planning and Zoning Officer may authorize up to eight farm or agricultural heritage site special events on a property in the RA, RLD, or R1 zoning districts as a temporary use if:
(1) the Planning and Zoning Officer determines that the event will not adversely affect nearby properties and will not require significant or permanent changes to existing topography, vegetation, or other natural features;
(2) no more than eight events on the same property within a 12-month period are authorized;
(3) authorization is given for each individual event to be held on a property;
(4) an event will not exceed one day;
(5) any outdoor assembly areas are located and designed to shield surrounding residential properties from the effects of noise, hazards, or other offensive conditions; and
(6) the maximum capacity for an event will not exceed 25 attendees per acre; and
(7) the owner has owned the property for the immediately preceding two years and has been engaged in active farming for the immediately preceding two years.
(c) Clearing land of use. The land shall be entirely cleared of the temporary use within five days after the expiration of the period.
(Bill No. 4-05; Bill No. 69-20)
Editor's note – Section 3 of Bill No. 69-20 requires the Office of Planning and Zoning to provide a report to the County Council, on or before January 1 of each year through 2027, on farm or agricultural heritage site special events and farm or agricultural site stays.
Editor’s note – Section 2 of Bill No. 55-21, as amended by Section 1 of Bill No. 83-21 and Section 1 of Bill No. 1-23, provides that the provisions of this section with respect to the temporary use authorization for outdoor seating at restaurants shall remain in effect until January 2, 2024, afer which they shall stand repealed and, with no further action required by the County Council, be of no further force and effect, and, unless the food service facility obtains all authorizations and permits and permission required by law, the outdoor seating facilities shall be removed no later than January 11, 2024.