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The following regulations are necessary to govern certain uses which are of a non-permanent nature. For such uses requiring a Temporary Zoning Certificate, an application for a Zoning Certificate shall be made to the Director of Zoning or his/her authorized representative at least twenty-one (21) days before the instigation of such use. This application shall contain a graphic description of the property to be used, a description of the proposed use, and a site plan with sufficient information to determine the yard, setback, parking, and sanitary facility requirements for the proposed temporary use. The Zoning Certificate must be received prior to beginning the project.
A. The following uses are deemed to be temporary uses and shall be subject to the specified regulations and time limits which follow, as well as the regulations of any district in which they are located:
1. Real Estate Offices: Real estate sales offices which shall contain no living accommodations, shall be permitted within any district for any new subdivision for a period of one (1) year, except that two (2), six- (6) month extensions may be granted if conditions warrant. Such offices shall be removed upon the completion of the sales of the lots therein, or upon the expiration of the Zoning Certificate, whichever occurs first.
2. Contractor's Offices and Storage Facilities: Temporary buildings, construction trailers, offices, equipment, and materials, and storage facilities required in conjunction with construction activity may be permitted in any district for a period of one (1) year, except that one six- (6) month extension may be granted if construction is substantially underway. Suchuses shall be removed immediately upon completion of the construction or upon expiration of the Zoning Certificate, whichever occurs first.
3. Parking Areas: Temporary sales and services may be permitted within parking areas within any Business District. A Zoning Certificate valid for a period not to exceed seven (7) consecutive days shall only be issued three (3) times within any twelve (12) month period to any individual or organization. The application for the temporary Zoning Certificate, shall be accompanied by written permission of the property owners and shall be prominently displayed at the site. The Director of Zoning or his/her authorized representative shall not issue a permit for such temporary use if he or she determines that it encroaches upon more than twenty-five percent (25%) of the required parking area.
4. Outdoor Art, Craft and Plant Shows, Exhibits and Sales: Temporary retail sales and. services, such as the sales of plants, flowers, arts and crafts, farm produce, food trucks or similar items, may be permitted as a business or community event only provided it is not located in a right of way or so as to obstruct the visibility at intersections defined in Section 1147.10B. A Zoning Certificate valid for a period not to exceed three (3) consecutive days shall only be issued three (3) separate times for any particular lot within any twelve (12) month period, and not more than one permit may be issued at the same time for any lot. The applicant must
submit a current vendor's license or transient vendor's license and a written statement from the propetiy owner giving his or her permission for such use. This Section shall not be interpreted to prohibit any such use in any case where a valid covenant or deed restriction specifically authorizes such use. In any event, the Zoning Cetiificate shall be prominently displayed at the site.
5. Christmas Tree Sales: Christmas tree sales are permitted in any Business District. With BZA approval, Christmas tree sales shall be allowed if conducted by a not-for-profit religious, philanthropic or civic group or organization on property owned or leased by such group or organization, in any Residential District. Such use shall be limited to a period not to exceed fifty (50) days. Display of Christmas trees need not comply with the yard requirements of this Ordinance, except that no tree shall be displayed in a right of way or so as to obstruct the visibility at intersections defined in Section 1147.10B.
6. Tents: Tents are permitted in all districts in connection with any permitted, accessory or temporary use. No tent shall be allowed to remain for a period of more than two (2) days longer than the use with which it is associated or, in the absence of any such period, ten (10) days. Unless waived in writing by the Zoning Director, every tent shall comply with the bulk and yard requirements of the District in which it is located.
7. Except as authorized in Section 1147.05, temporary buildings or other temporary facilities are strictly prohibited. This prohibition includes, but is not limited to, the use of trailers of any description as a building or storage facility.
B. Written application for a Temporary Zoning Certificate shall be made to the Director of Zoning or his/her authorized representative. The application shall include:
1. The address of the property and the name, email address, and telephone number of the owner and occupant of the property.
2. A description of the business' temporary use sought to be carried on.
3. The number and names of persons to be involved in the business.
4. Additional information that may be required by the Zoning Director.
5. Duration of use.
6. Such permit shall be revocable, nonrenewable, and limited to twelve (12) months duration.
(Ord. 26-18. Passed 7-17-18.)