1274.07  TEMPORARY BUILDINGS AND ENCLOSURES AND OUTDOOR SALES ACTIVITIES.
   (a)   Structures for Construction Operations.  Temporary structures for construction operations may be permitted in any district if such structures are deemed necessary, provided:
      (1)   A temporary special permit is issued by the Planning and Zoning Administrator, for a period not to exceed eighteen (18) months; (PREVIOUSLY 12 MONTHS)
      (2)   The use of such structures shall be limited to offices; buildings for the storage of lumber, equipment and other building material;
      (3)   All temporary structures shall be located at least 100 feet from the nearest occupied residential dwelling, where feasible;
      (4)   A temporary structure for the construction office may be placed on the site no sooner than two (2) weeks before the start of grading or construction;
      (5)   All temporary structures for construction operations shall be removed within thirty (30) days after the completion of work on the premises for which a permit has been issued or if construction is not pursued diligently.
   (b)   Subdivision and Apartment Sales and Rental Offices.  Subdivision and apartment sales and rental offices may be permitted, providing a permit is issued by the Planning and Zoning Administrator. The temporary permit may be for a period not to exceed two (2) years.  In addition:
      (1)   Such an office shall be incidental to and located within the subdivision which it serves;
      (2)   Such an office shall continue only until the sale or lease of all dwelling units in the development has been completed, but in no event shall the time exceed two (2) years from the issuance of a special temporary permit.
   (c)   Temporary Dwellings. A temporary permit may be issued for a period not to exceed nine (9) months for a temporary dwelling or manufactured home provided:
      (1)   Such a use shall be allowed only on a lot where a single family detached dwelling is permitted by the provisions of this Code;
      (2)   Such a use shall be allowed only in a case where a single family dwelling has been destroyed or damaged by fire or other disaster to the extent which makes such dwelling uninhabitable and only when such dwelling is to be rebuilt or replaced;
      (3)   Occupancy of such a temporary dwelling shall be allowed only if appropriate sanitary facilities are provided as approved by the Health Department and such occupancy shall terminate immediately upon completion of the dwelling on the same lot; but in no event shall the time exceed the limit set forth previously;
      (4)   Additional conditions and requirements may be deemed necessary by the Planning and Zoning Administrator upon review of a particular application for a temporary dwelling, in which event the matter shall be referred to the Planning Commission for review and approval of all such additional conditions and requirements.
   (d)   Temporary Outdoor Sales Activities.  Temporary outdoor merchandising activities directed at the general public may be allowed as an accessory use in certain commercial zoning districts and on the premises of permitted and conditional uses subject to the requirements of this section.  It is the intent of this section to provide for temporary outdoor sales which are distinguished from permanent outside business activities that are permitted or conditional uses in a zoning district.
      (1)   Definition.  Temporary outdoor sales activities include sidewalk sales, inventory reduction or liquidation sales, seasonal merchandise sales, itinerant vendors, and transient produce merchant sales. Seasonal merchandise sales include the sale of plants (also vegetables), flowers, shrubs, trees, mulch, fertilizer, weed killer products, soil, peat moss, lime, small decorative stones, landscape timbers, railroad ties, pumpkins, salt (for ice removal) and similar products, and Christmas trees.
         A.   Temporary outdoor sales activities shall not include carnivals, festivals, promotional events or any municipally sponsored function that may or may not include outdoor sales of food and/or merchandise related to such events.
         B.   A transient produce merchant sale involves the selling of products of the farm or garden occupied and cultivated by that person on property other than that which the produce is grown.
      (2)   Standards.  The following shall apply to all proposed temporary outdoor sales activities allowed by this section in addition to other applicable building and safety code requirements as determined by the Building Department, Fire Department and/or Municipal Engineer. 
         A.   Sidewalk sales, inventory reduction sales, liquidation sales, damaged goods sales, and transient produce merchant sales shall not exceed a maximum of seven consecutive calendar days, per event.  Two (2) such outdoor sales activities per calendar year shall be permitted, per property and shall be allowed only in a Commercial District. 
         B.   Seasonal merchandise sales shall not exceed a total of 120 calendar days per year, per property.  Only four (4) seasonal sales activities per calendar year, per property, shall be permitted. Seasonal merchandise sales shall be permitted in a Commercial District.  Bagged seasonal merchandise, such as mulch, peat moss, soil, fertilizer, decorative stones, lime, sale and other similar goods as well as landscape timbers, railroad ties, bicycles, lawn mowers, tractors, wheel barrows, snow blowers, leaf blowers and other large lawn equipment items which are stored, displayed and/or sold outdoors shall be located in existing fenced-in areas and/or on walkways immediately adjacent to the principal building. Such items shall be maintain in a neat and organized manner.
         C.   All sales activities including any temporary structures, tents and stands shall not be located within a required setback or public right of way and must be in an area that is paved and the activity does not interfere with parking, sight distance, traffic circulation or emergency vehicle access and will not reduce the required number of parking spaces required to serve principal use(s) on the site. 
         D.   Temporary sales on unpaved (including gravel) or landscaped areas are prohibited.
         E.   Temporary outdoor sales activities within all temporary structures, tents, stands, under canopies or awnings and in all unroofed areas shall be limited to ten percent (10%) of the enclosed gross floor area of the principal building on the lot associated with the temporary outdoor sales activity. Existing fenced-in outdoor storage areas and permanent accessory structures shall be excluded from the ten percent (10%) calculation.
      (3)   General Requirements.
         A.   The temporary outdoor sales activity shall be clearly accessory to the permitted or conditional use(s) approved for the site.  Only merchandise which is normally sold or stocked by the occupant on the subject premises shall be sold, provided that seasonal merchandise and licensed transient produce merchant activities as defined by this Chapter or Chapter 1242 may be allowed.
         B.   Tents, stands and other similar temporary structures may be utilized, provided that they will not impair parking, emergency access or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.
         C.   The required number of off-street parking spaces for the principal use(s) shall be provided for the duration of the sale.  Determination of compliance with this requirement shall be made by the Planning and Zoning Administrator.
         D.   Signage related to the sale shall be in compliance with the temporary sign regulations in Chapter 1286. The erection and removal of such signage shall be the responsibility of the applicant and/or owner of the property.
            (Ord. 8-13. Passed 5-14-13.)