(A) Intent. The purpose of these temporary use and structure standards is to establish minimum standards for the temporary use of property and the placement of temporary structures in order to:
(1) Accommodate the temporary needs or properties and land uses;
(2) Ensure that temporary uses do not become permanent without proper scrutiny, and
(3) Protect the public welfare from the unique hazards that can be created by temporary uses and structures.
(B) General temporary use and structure standards applicable to all zoning districts.
(1) Temporary structure standards. All temporary structures shall conform to the following requirements:
(a) Applicable development standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.
(b) Temporary structure time limits. Any temporary structure used for a permitted primary use may be permitted for up to two years, unless otherwise specified by this chapter.
(2) Temporary use and structure standards. Temporary uses and structures are permitted in any zoning district provided that the use is a permitted use in that zoning district. All temporary uses and structures shall conform to the following requirements:
(a) Permit requirements. All temporary uses and structures shall require an improvement location permit unless otherwise specified in this section. No temporary use or structure, or the related signs, lighting, parking, etc. shall be constructed or placed upon a site prior to all necessary permits being obtained.
(b) Time limits. Temporary uses and/or structures that seek extensions of the initial time limits established in this section shall be subject to administrative approval.
1. An unlimited number of one year extensions may be granted by the Board of Zoning Appeals or the Planning Director. The Board may impose reasonable conditions as part of its approval.
2. No extensions of the time limits described in this section shall be considered for any temporary use or structure that violates any requirements of this chapter as it existed at the time the extension is requested.
(c) Removal. All temporary uses and/or structures must be removed and the site reverted to its original condition within the duration of the permit or any extension thereof.
(3) Construction trailers. Construction trailers are permitted as temporary structures during times of construction activity. Construction trailers shall not be located in any required setback or buffer yard.
(4) Construction dumpsters. Dumpsters for construction-related debris shall be permitted as temporary structures during times of construction activity. Dumpsters shall not be located in any required setback or buffer yard.
(C) Residential temporary use and structure standards applicable to the single-family residential zoning districts. The following temporary uses and structures are permitted as described below, no permit shall be required unless otherwise specified.
(1) Garage/yard sales. Garage/yard sales are permitted to occur four times per calendar year, for a maximum of 30 days per calendar year. Garage/yard sales shall be distinguished from flea markets in that garage/yards sales are clearly incidental to residential uses, while flea markets are commercial businesses and primary uses. In no instance shall this provision be interpreted as permitting the operation of a flea market.
(2) Children's roadside stands. Children's roadside stands shall be permitted, but shall not be located in any public right-of-way.
(3) Temporary home sales facilities.
(a) Temporary model homes and temporary sales trailers shall be permitted in each development until either:
1. Building permits have been obtained for greater than 90% of the lots included in the preliminary plat for the development, or
2. Two years from the date of approval of the secondary plat or final detailed plan for the most recent section of the development, whichever is less.
(b) An improvement location permit shall be required.
(c) Location. Temporary home sales facilities shall be located on a lot in the development in which the homes are for sale. No other structures shall be permitted on any lot occupied by a model home or temporary sales trailer.
(d) Design requirements. The placement of home sales facilities shall be consistent with the following requirements.
1. Uses. The use of the facility shall be limited to open house purposes for prospective buyers. Temporary home sales facilities may not be directly used for the purpose of selling homes in other developments or in other communities.
3. Lighting. All exterior lighting for model homes shall be limited to typical household exterior lighting. The use of all other types of lighting, including floodlighting and search lights shall be prohibited.
4. Parking. Temporary home sales facilities shall conform with the following parking requirements:
a. Model homes shall provide a minimum of two off-street parking spaces for the use of salespersons and potential buyers. The parking spaces shall conform to the size requirements of this chapter. Off-street parking for the facility shall be located in, and not extend beyond, the driveway. The driveway area shall be consistent in size and paving with those of the homes to be constructed in the development.
b. Temporary sales trailers shall provide two off-street parking spaces. The spaces shall be surfaced with stone meeting the requirements of the County Highway Engineer.
5. Landscaping. Temporary home sales facilities shall conform with the following landscaping requirements:
a. Model homes shall provide landscaping consistent with that which will be provided for homes to be constructed in the development.
b. Temporary sales trailers shall provide a landscape area extending from the trailer for five feet in each direction. The landscaping shall include a variety of shrubs and other materials consistent with the landscaping design of the development. The trailer site shall be graded to ensure proper drainage and treated with a combination of grass seed and sod appropriate to prevent erosion and provide a lawn consistent with that of the homes to be built in the development.
(e) Model home conversion. Prior to the sale of a model home for use as a residence, all signage shall be removed and the garage area restored.
(f) Sales trailer conversion. Any builder using a temporary home sales trailer and either constructing an approved model home, or removing the trailer, shall restore the trailer site to pre-installation conditions, removing the trailer and any associated signage and lighting. If the trailer is to be replaced by a model home, the trailer and all associated site features shall be removed prior to the issuance of a permanent certificate of occupancy for the model home.
(Ord. 2007-1B, passed 2-5-07)