§ 155.309  TEMPORARY USES.
   (A)   General requirements.  Certain uses are temporary in character. They vary in type and degree, as well as length of time involved. Such uses may have little impact on surrounding and nearby properties or they may present questions involving potential incompatibility of the temporary use with existing uses. Unless otherwise specified in this chapter, the following regulations shall govern temporary uses.
   (B)   Temporary uses exempt from permit.  The following permitted temporary uses are exempt from these requirements.
      (1)   Christmas tree sales lots.
      (2)   Garage or yard sales are permitted only by the property owner on their property and are allowed once every four months at any given location. The sale may not exceed three consecutive days in length. Advertising signs may not be placed on any rights-of-way or off-site locations without the owners' permission.
      (3)   Storage pods for off-site storage of household or other goods located in any street yard are permitted for a maximum of seven consecutive days, and any side or rear yard for a maximum of 30 consecutive days.
   (C)   Temporary use permit required.  The following temporary uses are allowed in the frequency stated below, except that no property shall have more than four of the events listed below in one calendar year. 
      (1)   Commercial circuses, carnivals or fairs.  Commercial circuses, carnivals or fairs, for not more than two consecutive weeks in any calendar year.
      (2)   Temporary religious or revival activities.  Temporary religious or revival activities in tents in association with a place of worship, for not more than two consecutive weeks in any calendar year.
      (3)   Non-profit special events.  Special events run by non-profit, charitable organizations occurring no longer than seven consecutive days once every three months.
      (4)   Tent sales.  Tent sales by merchants occupying the premises on which the sale is conducted and having a valid certificate of occupancy, and occurring no longer than seven consecutive days once every six months.
      (5)   Grand opening sales.  Grand opening sales, including outside food and beverage vending, for three consecutive days, once per certificate of occupancy.
      (6)   Outdoor vehicle show or sale.  Outdoor motor vehicle or recreational vehicle show or sale, for three consecutive days, twice per calendar year.
      (7)   Other temporary uses. Other temporary uses similar in nature to the ones listed above, with corresponding limitations, as determined by the Planning Director.
   (D)   Temporary outdoor display of merchandise. Permanent outdoor display of merchandise may be approved as part of major site plan (see Table 2-1155.202) and § 155.308(D)(7)).
      (1)   Outdoor display of merchandise in nonresidential districts by merchants occupying the premises and having a valid certificate of occupancy, occurring no longer than nine consecutive days up to four times per year, is allowed subject to issuance of a temporary use permit and all of the following conditions.
         (a)   Merchandise shall only be displayed in front of the premises occupied by the merchant.
         (b)   Merchandise shall not be displayed closer than five feet to any entrance to the premises.
         (c)   Merchandise shall only be displayed in a manner that does not obstruct pedestrian or vehicular circulation or traffic.
         (d)   The display of merchandise shall not exceed eight feet in height.
         (e)   Merchandise shall only be displayed during the merchant's hours of operation, and must be taken inside the premises at closing.
         (f)   Merchandise shall only be displayed in an area not wider than 50% of the total linear foot frontage of the building occupied by the merchant.
         (g)   The required temporary use permit must be visibly displayed at the main entrance of the associated merchant.
         (h)   A violation of any conditions set out in this section shall constitute a violation of the temporary use permit and cause said temporary use permit to be revoked. Once revoked, a temporary use permit shall not be issued for the same temporary use for a period of one year.
      (2)   Any temporary use permit issued under (C)(1) through (7) of this section shall be counted in the maximum number of temporary use permits allowed for the temporary outdoor display of merchandise.
      (3)   The requirements of this section do not supersede the permanent outdoor storage or display requirements of Table 2-1155.202) and § 155.308(D)(7).
   (E)   Manufactured Home or trailer for temporary use.  After approval by the Planning Director, a Manufactured Home or trailer may be used as a temporary office, security shelter, or shelter for materials or tools (but not for residential purposes or sales offices) incident to construction on or development of the premises upon which the Manufactured Home or trailer is located. Such use shall be strictly limited to the time construction or development is actively underway. In no event shall the use continue more than six months without the further approval of the Planning Director. The temporary use shall be approved only upon finding that actual construction is continuing.
   (F)   Temporary use in conjunction with special event permit.  Where a valid permit has been issued by the town for use of adjacent right-of-way that makes the street unavailable to vehicular traffic, a temporary use permit may be issued in accordance for events on the grounds or in the parking lot of any adjacent parcel during the period of the special event permit.
   (G)   Real estate development projects.
      (1)   A developer may request a temporary use permit for necessary commercial promotional, storage, or fabrication activities at the development site which occur during construction of that developer's project.
      (2)   When the request is for a temporary sales office, model home, or apartment, the application shall list the lots, apartment units, or dwelling units to be initially sold.
      (3)   The temporary use permit shall be restricted to only those activities and properties listed on the petition. Such activities shall not include any sale of properties outside the development site or any resale of properties.
      (4)   The following uses in connection with such a project require a temporary use permit:
         (a)   Offices for sale of real estate or for persons engaged in the development.
         (b)   Construction materials storage, general contractor's business office, processing, or fabrication.
         (c)   Equipment storage.
         (d)   Model homes or sample apartments.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2012-01-04, passed 1-3-12; Am. Ord. 2012-04-03, passed 4-2-12; Am. Ord. 2012-12-03, passed 12-3-12; Am. Ord. 2014-06-10, passed 6-16-14)