Except for garage and yard sales, a permit is required for all uses regulated by this section. A permit application and required fee is submitted to the Administrator for each proposed temporary use. The uses in this section are subject to the town's special event policy and itinerant merchant regulations. Town Council approval is required is required for any temporary use that encroaches into any public right-of-way.
(A) Construction buildings. Construction buildings and structures incidental to construction work on a lot may be placed according to the following:
(1) Construction buildings and structures may only be used for the storage of materials, tools, supplies, and equipment, for construction management and supervision offices, and for temporary on-site sanitation facilities related to construction activity on the lot. An enclosed structure for temporary sanitation facilities is required on all construction sites.
(2) No construction building or structure may be used as a dwelling unit.
(3) A permit must be obtained from the Administrator prior to installation of a construction building or structure.
(4) Construction buildings and structures must be removed from the site within 15 days after an occupancy permit is issued for the permanent structure by the Administrator, or within 15 days after the expiration of a building permit issued for construction on the lot.
(B) Garage and yard sales.
(1) A garage or yard sale may be conducted on any premises up to three times each calendar year for up to three consecutive days for each sale.
(2) The sale of goods or products purchased exclusively for resale, or the sale of consignment goods and products, is prohibited.
(3) The garage or yard sale must only be conducted between the hours of 8:00 a.m. and 5:00 p.m.
(4) All personal property, goods, and products exhibited during the sale must be removed from the outside and placed within a fully enclosed building at the end of each day of the sale. At the conclusion of the sale, all signs must be removed within 24 hours.
(C) Sales offices. Sales offices or model homes may be placed on a lot according to the following:
(1) A permit must be obtained from the Administrator prior to installation or construction. The permit must specify the location of the office and is valid for up to one year. A temporary permit may be renewed by the Administrator for up to two successive one-year periods at the same location, if determined the temporary building is still necessary.
(2) Only transactions related to the development where the temporary building is located may be conducted within the building. General offices for real estate, construction, development, or other related businesses associated with the project are not permitted.
(D) Seasonal sales. The temporary outdoor sale of seasonal goods such as, fireworks, Christmas trees, and landscaping material must meet the following requirements:
(1) The duration of the sales activity must be specified in the required license application.
(2) All signs, stands, structures, displays, merchandise, or other physical components associated with the sale must be set back a minimum of 25 feet from the street right-of-way line and all adjoining property lines.
(3) Off-street parking must be provided in an amount determined by the Administrator to be consistent with other similar uses listed in § 154.112. All required parking must be on a paved surface.
(4) Hours of operation must not extend later than 9:00 p.m.
(5) Outdoor lighting must be approved by the building official and lighting levels must be reduced during nonbusiness hours to provide sufficient light for security purposes but not create glare or light spill onto adjoining streets or properties.
(E) Sidewalk sales.
(1) A maximum of two events may be held per calendar year for no more than 14 consecutive days for each event, unless otherwise specifically permitted in this subsection. These requirements do not apply to flea markets.
(2) The location of any sign, stand, structure, display, merchandise, or other physical component associated with the sidewalk sale shall not:
(a) Obstruct more than 50% of the width of the public sidewalk;
(b) Obstruct the clear vision triangle, as specified in § 154.099; and
(c) Otherwise threaten the health, welfare and/or safety of the public.
(3) All items for sale, signs, stands or temporary structures associated with a sidewalk sale must be removed and placed inside the store upon close of business each day.
(F) Temporary storage units.
(1) Registration of temporary storage units.
(a) Prior to the initial delivery of a temporary storage unit, the property owner, occupant of the premises (if not the owner), or storage unit supplier must register the placement of the storage unit with the Administrator unless the storage unit will be removed within 72 hours of its delivery.
(b) Registration requirements.
1. Completing the required application form and providing the property owner's or occupant's (if not the owner) name, size of the temporary storage unit to be registered, the address where the storage unit will be placed, delivery date, removal date, and a sketch illustrating the location and placement of the storage unit;
2. Written approval of the application by the Administrator;
3. The effective date of the registration is the date of the application's approval.
(2) Placement requirements.
(a) Placement of a temporary storage unit on property located within the Town of Bargersville requires registration with the Administrator.
(b) Temporary storage units must only be placed upon or within a driveway or a parking area or, if access exists at the side or rear of the lot, the side or rear yard.
(c) No temporary storage unit may be placed upon or within a street, sidewalk, street right-of-way or lawn area between the edge of pavement and sidewalk.
(d) The temporary storage unit must not be located at the registered address for more than ten consecutive days, including the days of delivery and removal. If the unit is needed to for cleanup and/or restoration of activities resulting from natural disasters, fire, or remodeling, the unit may be located on the property for up to 90 consecutive days.
(e) Each lot may contain two storage units at once and a maximum of one registration in any 12-month period.
(f) The temporary storage unit must not exceed 200 square feet.
(g) The temporary storage unit must be secured to not endanger the safety of people or property near the unit.
(h) The temporary storage unit must be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.
(i) A temporary storage unit must not be used for human occupancy or to store solid waste, business inventory, commercial goods, goods for property other than the property where the storage unit is located, or any other illegal or hazardous material. Upon reasonable notice, the Administrator may inspect the contents of any temporary storage unit at to ensure compliance with these requirements.
(j) Any temporary storage unit not removed at the end of the registration period, may be removed by the town immediately, without notice, and with the cost of removal assessed against the property where the unit was located.
(k) A sign identifying the storage unit supplier, mounted on the temporary storage unit, does not require a sign permit provided the storage unit complies with this section and all other applicable codes.
(Ord. 2022-17, passed 7-19-2022)