(A) Purpose and applicability. The purpose of this section is to allow for the establishment of interim or temporary uses when such activities are desirable for the community, or are temporarily required in the process of establishing a permitted use. Temporary uses allowed under this section shall be consistent with the health, safety and general welfare of persons residing and working in the community, shall be conducted so as not to cause any detrimental effects on surrounding properties and the community, and shall not violate any other ordinance or regulation of the town.
(B) Types of temporary uses. The Zoning Administrator may grant a temporary use permit in accordance with the standards and/or conditions specified in § 152.047.
(C) Temporary use permit application process.
(1) Application submittal. A complete application for a temporary use permit shall be submitted to the Zoning Administrator as required by § 152.086(B). At minimum, a temporary use permit application shall include:
(a) Aerial map of the site;
(b) Notarized property owner authorization (if applicable);
(c) A site plan showing the location and footprint of proposed uses and structures, parking configuration and other details necessary to demonstrate that the proposed use and site conforms with all other requirements of the zoning district and all other town codes; and
(d) Contain sufficient information to demonstrate compliance with temporary use conditions in accordance with § 152.047(C) and (D) and all required information stated elsewhere in this code or any other town code.
(e) All applications for temporary use permits shall be filed at least four weeks prior to the date the temporary use will commence, or at least six weeks prior to the date the temporary use will commence if public safety support is requested from the town. The Zoning Administrator may waive this filing deadline requirement in an individual case for good cause shown.
(2) Application review and decision. Upon receipt of a complete temporary use permit application, the Zoning Administrator shall review the proposed temporary use permit application and distribute the application to other reviewers as he or she deems necessary. Based on the results of those reviews, the Zoning Administrator shall take final action on the application and approve, approve with conditions, or deny the application based on the applicable approval criteria.
(D) Required findings. The Zoning Administrator may approve a temporary use permit as submitted or modified only upon making the following findings:
(1) The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
(2) The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town.
(3) Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this code.
(E) Appeal. Decisions of the Zoning Administrator may be appealed to the Board of Adjustment pursuant to the procedures set forth in § 152.086(K).
(Ord. 2020-02, passed 4-13-2020)