(A) The following regulations are necessary to govern the operation of certain uses which are non-permanent in nature. Application for a zoning permit shall be made to the Zoning Inspector at least seven days before the event, containing a graphic description of the property to be utilized and a site plan, a description of the proposed sanitary facilities, and parking space for the proposed temporary use. The following uses are deemed to be temporary uses and shall be subject to the specific regulations and time limits which follow and to the regulations of any district in which such use is located:
(1) Real estate sales offices may be permitted within any district for any new subdivision. Such office shall contain no living accommodations. The permit shall be valid for one year, but two six-month extensions may be granted if conditions warrant such renewal. Such office shall be removed upon completion of sales of the lots therein, or upon expiration of the zoning permit, whichever occurs sooner.
(2) Temporary offices for contractors and equipment sheds incidental to a construction project may be permitted within any district. The permit shall not be valid for more than one year but may be renewed for six-month extensions if construction is substantially underway. Such uses shall be removed immediately upon completion of the construction project, or upon expiration of the zoning permit, whichever occurs sooner.
(3) Temporary sales may be permitted within parking lots within any business district. A temporary zoning permit for such activities shall only be issued three times to any individual or organization for any such parking lot within any twelve month period and shall not exceed a period of four consecutive days. Written permission from the property owners is required. A temporary use permit shall not be issued if it is determined by the Zoning Inspector that encroachment of more than 25% of the required storage of parking areas will take place. Not more than one sale shall be permitted at the same time. The zoning permit shall be prominently displayed at the site.
(4) Temporary retail sales and services such as plants, flowers, statutes, art, farm produce and similar items on lots other than parking lots, including lots where an existing business is operating and business lots where the business is vacated by for profit individuals or organizations shall be permitted in any business district upon the issuance of a temporary zoning permit. The applicant shall submit:
(a) A copy of his current vendors license or transient vendors license.
(b) A written statement by the owner of the lot giving him permission to utilize the lot on the proposed dates.
(B) The applicant may not domicile or camp overnight on the lot in question. Not more than one permit shall be issued at the same time for any lot, and permits for such activities shall only be issued three times for any particular lot within any twelve month period and shall not exceed two consecutive days unless approved by the Board of Zoning Appeals. The zoning permit shall be prominently displayed at the site.
(C) This section shall not be interpreted to prohibit any such temporary retail sales and services where a valid covenant or deed restriction specifically authorizes the sale of specified articles on the land in question. In the event the covenant should be vacated by proper legal action, the provisions of this section shall then apply.
(D) Garage sales may be permitted within any district in which dwellings are permitted. A garage sale permit for such activities shall only be issued three times for any particular lot within any 12 month period and shall not exceed a period of four consecutive days. Accessory parking shall be provided upon the lot in such a manner as to not create a traffic hazard. Garage sales organized or sponsored by a community organization shall require a garage sale permit to be issued to the community organization. Any persons participating in such a community sponsored garage sale is not required to obtain an individual permit. Any person participating in a community sponsored garage sale is still entitled to three permits within any 12 month period. For the purposes of this section, garage sales shall also include barn sales, yard sales, and similar uses or activities.
(Ord. 6-1993, passed 3-8-93)