(A) Temporary structures and uses, when in compliance with all applicable provisions of this chapter and all other ordinances of the town shall be allowed.
(B) The following temporary structures and uses shall be permitted:
(1) Construction trailers used in conjunction with construction projects; provided that, the following conditions are met.
(a) Such construction trailers may be located at a building site where there is a valid building permit for the construction project, or, in the case of a residential subdivision, a valid building permit for at least one of the residential units being constructed.
(b) All construction trailers shall be located at least ten feet off any street right-of-way and not be placed in any required rear or side yard setback.
(2) In addition to construction trailers, at any construction site for a construction project valued at $1,000,000 or more, one or more security guard houses may be installed. Use of such structures may include overnight stay; provided, adequate sanitary facilities are provided and the same conditions for construction trailers (divisions (B)(1)(a) and (B)(1)(b) above) are met.
(C) (1) Certain uses of a temporary nature (i.e., less than 45 days in duration and held no more than three times per year at any particular location), which would not otherwise be permitted in a particular zoning district are permitted for the following temporary uses without a permit.
(a) Christmas trees sales;
(b) Revivals; and
(c) Shows for civic and youth organizations (i.e., 4-H shows).
(2) The permit shall be valid for a specified period only, not to exceed 45 days in duration.
(3) All other such temporary uses not otherwise listed may only be granted a temporary zoning permit only after the town has made the following determinations:
(a) The proposed use will not materially endanger the public, health, welfare and safety; and
(b) The proposed use will not have a substantial negative effect on adjoining properties.
(4) In approving such a temporary permit, the Town Council may authorize conditions regarding duration of the use, hours of operation, signage, lighting and the like and such conditions shall be made part of the permit issued. Violations of such conditions shall be considered a violation of this chapter. The Town Council may, prior to issuing said permit, conduct a public hearing. Notice of this public hearing shall be as provided in § 155.172 of this chapter.
(D) (1) Structures, whether temporary or permanent, located in a subdivision containing 25 or more lots and used as sales offices for the subdivision development are permitted.
(2) Any temporary structure used as a sales office shall be located on a lot which is in compliance with the regulations of this chapter and shall meet all yard requirements for the applicable zoning district. At least five off-street parking spaces shall be provided on the lot to accommodate persons using the sales office.
(3) A manufactured home may be used as a temporary sales office; provided that, the following conditions are met.
(a) The manufactured home shall be provided with underpinning, from the bottom of the walls to the ground, made of vinyl, pre-painted aluminum material or other material specifically manufactured for mobile homes.
(b) Landscaping shall be provided to create an aesthetically pleasing appearance.
(c) At the completion of the sales in a tract, or two years from the date the temporary sales office began operation, whichever is sooner, said sales office shall cease operation unless the Zoning Administrator determines that substantial progress is being made in the selling and/or marketing of the lots and/or homes in the subdivision. In such case, one or more extensions (each not to exceed one year in duration) may be so authorized by the Zoning Administrator. If a temporary structure is used as the sales office, it shall be removed after its use as a sales office is terminated. Immediately after the structure is removed, the lot shall be returned to a natural state. Any paved or graveled driveway and/or parking area associated with the sales office shall also be removed. All bare soil areas on the lot shall be returned to a natural vegetative state (reseeded or sodded) immediately after removal of the sales office and driveway/parking area.
(4) If a permanent residential structure is used as the sales office, future use of said structure shall be for residential purposes.
(E) (1) Manufactured homes may be allowed on a temporary basis in a zoning district in which such use is not listed as a permitted use, if a disaster occurs which results in an occupied, single-family dwelling being destroyed (i.e., it receives damage greater than 60% of its tax value as indicated on the most current tax listings). In this instance a manufactured home may be placed on the lot containing the dwelling unit which was destroyed. The purpose of allowing such manufactured home on said lot is to give the occupants of the destroyed dwelling unit a place to live while a new dwelling unit is being constructed or damage to the original dwelling unit is being repaired. If a manufactured home is used for such an occurrence, it is subject to the following conditions.
(a) Such manufactured home shall be located in the rear yard, if possible. If the manufactured home cannot be located in the rear yard, it may be placed in the front yard. The manufactured home shall be located no closer than 15 feet to another principal residential structure on another lot and no closer than ten feet to any lot line.
(b) The Zoning Administrator shall be given the authority to issue a zoning permit for such temporary use on a one-time basis only for a period of up to nine months. Such permit may be renewed on a one-time only basis (for a period of no greater than nine months) by the Town Council, if it is determined that:
1. Construction of a new dwelling unit is proceeding in a diligent manner;
2. The granting of such permit will not materially endanger the public health, welfare or safety;
3. The location of the manufactured home on the site does not have a negative effect on abutting properties; and
4. The manufactured home must be removed from the site within 30 days of the date a certificate of occupancy is issued for the newly constructed dwelling unit.
(2) Notification of the Town Council public hearing shall be as provided in § 155.245 of this chapter.
(F) (1) Manufactured homes may be allowed on a temporary basis in connection with construction of a permanent structure upon the same property for business, educational, religious and similar uses in districts where such businesses, schools, religious institutions and the like are allowed as a permitted use in the district, but will be subject to review by the Town Council. The purpose of allowing a manufactured home on said lot is to give the owners of the property a place to conduct business while a new structure or building is being constructed.
(2) If a manufactured home is used on such a temporary basis, it is subject to the following conditions.
(a) Such manufactured home shall not be placed in the front yard and shall be located no closer than 15 feet to another principal structure on another lot and no closer than ten feet to any lot line.
(b) The manufactured home will only be used for the purpose requested and for which the permit is issued.
(c) The Zoning Administrator shall issue a zoning permit for such temporary use for a period of one year. Such permit may be renewed for one year periods by the Town Council, if it is determined that:
1. Construction of the permanent building or structure is proceeding in a diligent manner;
2. The granting of such permit will not materially endanger the public health, safety or welfare; and
3. The location of the manufactured home on the site does not have a negative effect on abutting properties.
(3) Notification of the Board of Adjustment public hearing shall be as provided in § 155.245 of this chapter.
(Ord. passed - -, § 5.8) Penalty, see § 10.99