A. Purpose And Objectives: The following regulations are provided to accommodate those uses of land or buildings which are temporary in nature and are not therefore listed as regular permitted or conditional uses in any zone of the town. The character of these uses is such that proper conditions are required to protect adjacent properties and the general health, safety and welfare of the citizens of the town. Any building or structure which does not meet the requirements of this section shall be treated as a permanent land use and shall conform to all required standards of the building, health, fire, zoning and other similar codes.
B. Uses Allowed:
1. Uses allowed on a temporary basis in accordance with provisions of this section may include, but are not limited to, the following: carnivals, circuses, fireworks stands, fireworks displays, Christmas tree lots, promotional displays, tents for religious services, revivals, retreats, political rallies or campaign headquarters. Uses shall be allowed for not more than forty five (45) days' duration and shall not be allowed in the sensitive lands overlay zones.
2. A temporary use permit shall not be required for a garage sale; provided, that the garage sale shall not operate for more than a total of five (5) days in any calendar year, and shall be conducted by bona fide residents of the premises. Goods for sale shall consist of personal belongings of the residents. Goods offered for sale shall not be placed over a public sidewalk or in a public right of way.
C. Prior Approval Required: Prior to the establishment of any of the above uses, or any qualifying temporary use (except fireworks stands or fireworks displays, permits for which shall be administered by the fire department), a temporary use permit must be obtained from the planning commission with any conditions specified on the permit as required by the town. Specific conditions may be required of the applicant and compliance to the conditions and the international building code, if applicable, shall become necessary to the granting, continuance or administration of the permit. Any application for such permit shall meet any necessary requirements of this title and this section, and shall be made by the property owner or his/her authorized agent. The granting of said permit shall require the following findings:
1. The conduct of the requested use will not have any detrimental effects on adjacent properties and will be in general harmony with surrounding uses.
2. The requested use will not create excessive traffic or parking hazards on adjacent streets and that traffic control, if necessary, shall be provided at the expense of the applicant.
3. The applicant shall have sufficient liability insurance for the requested use or event.
D. Standards And Requirements: A temporary use established under the provisions of this section shall conform to the following standards and requirements:
1. Any structure requiring sanitary facilities by building, fire, health or other similar codes shall be located on the same lot as a host structure unless independent water and sewer service is provided to the temporary structure. Where such codes require sanitary facilities, they may be provided by a host structure; provided, that there is:
a. No preparation of any food on the premises;
b. No indoor seating of patrons;
c. Written evidence that a host structure will provide permanent sanitary facilities for any employees and that such facilities are conveniently located not more than three hundred feet (300') from the structure and will be accessible during all periods of operation of the use;
d. Written evidence from the town or county health department that all food will be prepared and delivered from an approved commissary and that all waste resulting from the operation of the use will be properly disposed.
2. The minimum required parking shall be two (2) spaces, except that a reasonable number of additional parking places may be required. Such parking shall not have the effect of decreasing any existing parking that is required for any other use existing on the site. All parking shall meet the standards for off street parking as specified in this chapter, except that required parking may be provided on a gravel rather than a concrete or asphalt cement surface.
3. The layout of the proposed use shall be compatible with the access, parking, circulation and other significant elements of any other uses or structures existing on the site.
4. All structures shall be securely anchored to the ground at not less than four (4) points as directed by the building official or town engineer.
5. The right to occupy the site shall be secured by a written agreement with the owner of the parcel and the owner of any host structures. Said agreement shall address the question of use of restroom facilities by employees, responsibility for maintenance and restoration of the site upon termination of the use. A copy of the proposed agreement shall be part of the application.
6. Approval for each temporary use permit shall bear an expiration date based upon the nature of the use. In no case shall approval be given for a period exceeding forty five (45) days. Garage sales need not obtain a temporary use permit, but shall not operate the sale for a period exceeding five (5) days in any calendar year, and shall be conducted by bona fide residents or lessors of the premises. Goods for sale shall consist of household type items used by residents of the premises. If any temporary structure becomes vacant prior to the expiration of the permit, it shall be removed within fifteen (15) days of the vacancy.
7. The landowner of the parcel shall provide a cash bond for the restoration of the site of said use to its original condition, including cleanup, replacement of facilities, and removal of any structures according to the following schedule:
a. Circus, carnival or related uses: One thousand dollars ($1,000.00).
b. All other temporary uses: Three hundred dollars ($300.00).
E. Action On Application: A use meeting the requirements stated above shall be approved and a use not meeting the requirements stated above shall be denied, or may be approved with appropriate conditions to assure that the use will be compatible with and will not pose any detriment to persons or property. Said conditions may include a limitation upon hours of operation and/or a time limitation which is less than the maximum established by this section.
F. Revocation Of Permit: A permit may be revoked in the event of a violation of any of the provisions of this section or the conditions set forth in the temporary use permit.
G. Business License Required: A temporary use permit is not a business license and the granting of said permit shall not relieve the permittee of any other license requirement of the town or any other public agency.
H. Fees: In order to offset a portion of the costs incurred by the town in processing temporary use permits, a fee may be charged as established by the town in its fee and/or rate resolutions as may be applicable at the time.
I. Christmas Tree Sales; Permit:
1. It shall be unlawful for any person to sell or offer for sale in the town, any cut fir, evergreen or Christmas tree, without a permit, except when the permit requirement is specifically waived by the planning commission.
2. A permit to sell cut fir, evergreen or Christmas trees shall be obtained as otherwise described in this section. The permit required by this section shall allow tree sales for a period of forty five (45) days ending December 25 of the year in which the permit is issued. The fee charged for the permit described in this section shall be in lieu of a business license fee; provided, however, that no fee shall be charged for the permit required by this section if:
a. The applicant possesses a business license for which the applicable fee, if any, has been paid; and
b. The applicant complies with the provisions of this section, except for the payment of a permit fee; and
c. The applicant provides documentation showing that the trees to be sold have been lawfully cut, and are owned by the applicant.
J. Town Celebrations Or Events: Any town sponsored celebrations or special events of a temporary nature, including, but not limited to, the annual Fourth of July celebration, is exempt from the requirements of obtaining a temporary use permit as described by this section. (Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020)