A. Purpose. The temporary use permit is for the following uses and is allowed only in the zoning districts indicated:
1. A real estate sales office in any zoning district, except where it is a permitted use as set forth in section 17-4-19 table 1.
2. A single-family dwelling in a temporary structure in any zoning district.
3. A donation bin located in a neighborhood commercial, village commercial, light industrial, or heavy industry zoning district.
4. Temporary retail located in an agricultural, multi-family residential, resort and recreation, neighborhood commercial, village commercial, light industrial, or heavy industry zoning district.
B. Application procedures.
1. A temporary use permit application shall include a description of the use and a site plan.
2. The planning manager shall determine whether the application is complete.
3. If the application is incomplete, the application shall be returned to the applicant with an explanation of the reasons it is incomplete.
4. If the application is complete, the planning manager shall approve, approve with conditions, or deny the temporary use permit.
C. Approval criteria.
1. Findings. The planning manager shall not approve or modify an application for a temporary use permit unless the use meets the findings set forth in paragraph 17-3-2 D above.
2. Owner permission. The applicant must provide written authorization from the owner of the land where the use is to be located.
a. When the use is to be located on public right-of-way, the applicant must provide written authorization from the town.
b. When the use is in a commercial center, the applicant must provide written authorization of one of the following:
i. The anchor tenant of the commercial center.
ii. The association of commercial owners.
iii. The management company responsible for managing the commercial center.
3. Traffic and adverse effects. The use shall be located and operated to minimize adverse effects on surrounding properties, particularly traffic generated by the use and traffic circulation in the area.
4. Parking and access.
a. Adequate off-street parking, in accordance with this code, shall be provided to serve the use.
b. The use shall not displace the required off-street parking spaces or loading areas of the principal permitted uses on the site.
c. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances.
5. Property line setbacks. Structures and merchandise displays shall comply with the yard and property line setback requirements of the zoning district where the use is located.
6. Sight visibility triangle. Structures and merchandise displays shall not interfere with the sight visibility triangle of the intersection.
7. General site maintenance.
a. During the temporary use, the site shall be maintained in a clean and orderly condition, free of refuse and other debris.
b. After the temporary use, the site shall be cleaned and restored to a condition acceptable to the property owner.
D. Additional approval criteria for specific uses. The planning manager shall not approve or modify an application for a temporary use permit for the following unless the use meets the following additional criteria:
1. Temporary retail.
a. Automobile, boat, or RV sales.
i. Shall not exceed 14 days.
ii. Shall be located on a paved, gravel, or other dust-stabilized surface.
b. Seasonal sale of products.
i. Shall not exceed four consecutive months per calendar year.
ii. The building or display booth must be portable and completely removed at the end of the permit period.
c. Temporary outdoor merchant(s). Does not include “mobile food vendors” as defined in section 9-13-2(C). Mobile food vendors are regulated by chapter 9-13.
i. Limited to the sale of food, beverages, or merchandise from a stand, motor vehicle, or person.
ii. Shall not exceed four consecutive months.
2. Real estate development and construction-related temporary uses.
a. General criteria.
i. Zoning clearance and building permit authorization for construction shall be obtained prior to issuance of the temporary use permit, unless otherwise specified below.
ii. The temporary building, travel trailer, or manufactured home shall be located on the lot or parcel on which construction is occurring and shall be occupied and used only by the property owner or authorized representative.
iii. Shall be removed from the property within 14 days after completion of the construction work, or within 14 days after the expiration of the authorized building permit for the construction work, whichever comes first.
iv. If an accessory building has been used for temporary residential use during construction, the building shall be returned to its accessory use state and any kitchen facilities placed in the building shall be removed within ten days after the expiration of the authorized building permit for the construction work, whichever comes first.
b. Real estate sales office. One temporary structure such as a trailer or manufactured home may be used as a real estate sales office in any new construction project for the sale of units within that project only, subject to the following:
i. The permit shall be valid until all units for the project are sold.
ii. An all-weather emergency access road approved by the fire department and the town engineer shall be provided to the site.
iii. An off-street parking area shall be provided.
c. Single family dwelling in temporary structure. During the active construction period (after a building or grading permit has been issued) of a construction project involving a non-residential use or a residential development, one manufactured home, trailer, or recreational vehicle may be allowed on the same property to be used as a temporary residence or for a night watchman for a period not to exceed 12 months or the active construction period, whichever is less. The temporary home shall be removed from the site within 14 days of the approved final building permit inspection or the final certificate of occupancy.
3. Donation bins.
a. Permitted only as an accessory use, on the same lot or in the same commercial center as an existing permitted use.
b. The permit shall be valid for a period of one year.
c. Must be constructed of painted metal, rubber, wood, or plastic.
d. Shall be maintained in a safe condition and free of graffiti.
e. The area immediately surrounding the donation bin must be maintained so as to be free of trash or debris. Items may not be placed or left outside of the donation bin.
f. Each donation bin shall be no more than six cubic yards in capacity and must have a locking lid or a latch.
g. No more than two donation bins shall be permitted on any one property, except that only two donation bins shall be permitted in a commercial center, even if it consists of multiple properties.
h. One 12-cubic-yard donation bin may be used in lieu of two six-cubic-yard donation bins.
i. The planning manager may approve more than two donation bins on properties that are greater than ten acres in size if the additional donation bins are located on a different street frontage and spaced a minimum of 500 feet from any other donation bin.
j. Each donation bin shall be clearly marked as follows:
i. To identify the specific items and materials requested to be left for donations.
ii. To identify the name, telephone number and email address of the owner or operator of the donation bin that may be used for contact at any time.
iii. The temporary use permit number associated with the donation bin shall be clearly located on the donation bin.
iv. A notice shall also be on the donation bin that items shall not be left outside of the donation bin and that no hazardous materials may be placed inside the donation bin.
v. To identify the name of the non-profit entity that shares the donated item profits.
k. The property owner or authorized agent may rescind authorization for the donation bin at any time and the permit shall be revoked.
E. Appeal. Upon receiving notification of the approval or denial of a temporary use permit, the applicant or any party aggrieved by the decision may file an appeal to the board of adjustment.
Ordinance 2021.003 replaced section 17-3-3 under the same name
Ordinance 2021.004 replaced “planning director” with “planning manager” in paragraphs B.2, B.4, C.1, D, D.3.i