(a) The following regulations are necessary to govern certain uses that are of a nonpermanent nature:
(1) At least seven days before the proposed beginning of a temporary use, an application for a temporary zoning permit shall be made to the Zoning Administrator and a fee, as established by Council, shall be paid.
(2) The application shall contain a description of the proposed use and a site plan that includes sufficient information to determine the yard, setback, parking and sanitary facility requirements for the proposed temporary use. A valid temporary zoning permit is required prior to such use.
(3) The application for the temporary zoning permit shall be accompanied by written permission of the property owner, and the permit shall be prominently displayed at the site. If the proposed use will encroach upon more than twenty-five percent of the nontemporary use's required parking area, the Zoning Administrator shall not issue a temporary zoning permit. The Zoning Administrator shall revoke the temporary zoning permit if he or she determines that the temporary use has encroached upon more than twenty-five percent of the nontemporary use's required parking area.
(b) The following uses are deemed to be temporary uses and shall be subject to the provisions of subsection (a) hereof and the specified regulations and time limits that follow, as well as the regulations of any district in which such uses are located:
(1) Subdivision sales offices. Subdivision sales offices shall not contain any living accommodations and shall be permitted on a lot in a subdivision for a period of one year, except that up to two six-month extensions may be granted, if conditions warrant. Such offices shall be removed within two weeks of the sale of the last lot or upon the expiration of the zoning permit, whichever occurs first. Removing the sales office includes reconverting a model home to residential use, as long as there is no more subdivision sales activity within the structure.
(2) Temporary buildings and/or offices. Temporary buildings and/or offices without living accommodations, and equipment and/or storage facilities that are used in conjunction with construction activity, shall be permitted upon the lot being built upon for a period of one year, except that up to two six-month extensions may be granted if construction is substantially under way. Such uses shall be removed within two weeks of the completion of the construction or upon expiration of the zoning permit, whichever occurs first.
(3) Temporary sales and services. Temporary sales and services may be permitted on off-street parking areas within any Central Business District Commercial District or General Highway Commercial District. The permit for temporary sales is valid for up to three consecutive days. Within any twelve-month period, no person shall receive more than four such permits and, within any twelve-month period, no more than four such permits shall be issued for any one lot.
The applicant shall submit a current vendor's license or transient vendor's license, a copy of which shall be kept by the Zoning Administrator. This subsection shall not be interpreted to prohibit any such use in any case where a valid covenant or deed restriction specifically authorizes such use, or vice versa.
(4) Garage sales. Garage sales (including yard sales, porch sales and/or barn sales) may be permitted within any district in which dwellings are permitted and at any nonconforming residence. Any person, family or group may conduct up to two such sales within any twelve-month period, but only upon the resident's property. As long as the provisions of this Zoning Code are observed, especially those pertaining to signs and parking, such sales that do not exceed two consecutive days do not require a zoning permit. Garage sales that are to last three or four consecutive days require a temporary zoning permit. Garage sales that are to last more than four consecutive days are not permitted.
(Ord. 186-91. Passed 10-15-92.)