(A) Purpose and 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. The following standards shall apply to all properties within the town.
(1) Temporary structure standards. All temporary structures shall comply with the following requirements:
(a) Applicable development standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this subchapter.
(b) Temporary structure time limits. Any temporary structure used for a permitted primary use may be permitted for up to 120 days in a calendar year, unless otherwise specified by this chapter. Temporary structures used for a permitted primary religious-place of worship or school use may be permitted for up to two years.
(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 comply with the following requirements:
(a) Permit requirements. All temporary uses and structures shall require a temporary use permit unless otherwise specified in this chapter. No temporary use or structure, or the related signs, lighting, parking, and the like 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 chapter shall be subject to administrative approval.
1. An extension of up to 120 days may be granted by the Administrative Officer in any given calendar year. The Board of Zoning Appeals may grant subsequent extensions after a public hearing is held. For religious-place of worship or school uses the Administrative Officer may approve a one-time extension for up to two additional years. The Board of Zoning Appeals may grant subsequent extensions after a public hearing is held. The Board or Administrative Officer may impose reasonable conditions as part of its approval.
2. No extensions of the time limits described in this subchapter shall be granted for any temporary use or structure known to violate any requirements of this chapter as it exists at the time the extension is requested. An extension shall be considered invalid if the temporary use or structure was in violation of this chapter at the time the extension was sought.
(c) Removal. All temporary uses and/or structures shall 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 only during times of construction activity. Construction trailers shall not be located in any required setback or buffer yard. Construction trailers may be permitted for up to two years, and may be extended by the Board of Zoning Appeals or the Administrative Officer via an unlimited number of one-year extensions. The Board or Administrative Officer may impose reasonable conditions as part of its approval.
(4) Construction dumpsters. Dumpsters for construction-related debris shall be permitted as temporary structures only during times of construction activity. Dumpsters shall not be located in any required setback or buffer yard. Construction dumpsters in residential districts shall be held to the time limits listed in division (B)(1)(b) and extensions listed in division (B)(2)(b )1. of this section. Construction dumpsters in commercial districts shall be permitted for up to one year; a one-time extension of one year may be granted by the Administrative Officer. The Administrative Officer may impose reasonable conditions as part of its approval.
(5) Temporary outdoor uses. Uses such as temporary parking facilities, sidewalk sales, Christmas tree sale lots, festivals, farmer’s markets, or similar activities conducted outside of an enclosed building, excluding residential garage/yard sales, may be permitted on a temporary basis in any zoning district in the town upon obtaining a temporary use permit from the Administrative Officer. The permit may be issued without a public hearing, provided that the permit shall not be issued for more than 30 days or the time requested in the permit application if less than 30 days. The following procedures apply to the issuance of a temporary outdoor land use permit:
(a) Application. An application for a temporary outdoor land use permit shall be submitted to the Administrative Officer, or his or her designee, on a form provided by the Administrator's office. The application shall contain the following information:
1. The name and address of the applicant and contact information including telephone numbers, fax, and email address;
2. The location of the proposed temporary outdoor land use;
3. A description of the temporary outdoor land use;
4. Evidence that the applicant owns the site for which the permit is requested, or alternatively, evidence that the applicant's use of the site is authorized by the owner of the property;
5. The days and hours of operation for when the temporary outdoor land use is to occur, including the total number of consecutive days the temporary outdoor land use will be in operation;
6. The number of persons expected to visit or attend the proposed temporary outdoor land use;
7. The planned areas for parking for those working at and those visiting or attending the proposed temporary land use;
8. A site layout and circulation plan illustrating pedestrian and motorist circulation patterns and routes and including distances between stationary objects such as tables, displays, or exhibits; and
9. Any other information the Administrative Officer, in his or her reasonable determination, deems necessary to properly review the permit application.
(b) Criteria. Before approving an application for a temporary outdoor land use permit, the Administrative Officer, or his or her designee, shall first find that the application is complete and then that the proposed temporary outdoor land use meets all of the following criteria:
1. The nature and intensity of the temporary use and the size and placement of any temporary structure shall be planned so that the temporary use or structure will be compatible with existing development.
2. The temporary use is not located within a permanent structure or building.
3. The parcel is of sufficient size to adequately accommodate the temporary use or structure.
4. The location of the temporary use or structure shall be such that adverse effects on surrounding properties will be minimal, particularly regarding the traffic generated by the temporary use or structure.
5. Off-street parking areas are of adequate size and properly located for the particular temporary use or structure and the entrance and exit drives are laid out so as to prevent traffic hazards or nuisances.
7. All lighting is directed and controlled so as not to create a nuisance to neighboring property owners.
(c) Action taken by the Administrative Officer.
1. Upon review and determination that the proposed temporary outdoor land use is consistent with the requirements of this section, as well as the purposes of this Zoning Ordinance and the Comprehensive Plan, the Administrative Officer may approve the permit or approve it with conditions.
2. If the Administrative Officer finds that the proposed temporary outdoor land use is not consistent with the requirements of this section or the purposes of this Zoning Ordinance and the Comprehensive Plan, he or she shall deny the application.
3. In making his or her determination on the application, the Administrative Officer may, in his or her discretion, first consult with the Plan Commission.
4. An appeal of a decision by the Administrative Officer relative to the denial of a temporary outdoor land use permit for a temporary use may be taken to the Board of Zoning Appeals pursuant to the provisions for appeal set forth in this chapter.
(d) Permit. A written temporary outdoor land use permit shall be obtained for all temporary outdoor land uses. For those temporary outdoor land uses which are reasonably likely to have an attendance of 750 or more persons at any one time, the permit shall contain the following information:
1. The applicant's name;
2. The location and effective dates of the temporary outdoor land use;
3. Any conditions attached to the permit including, without limitation:
a. Use and placement of signs;
b. Provision for security and safety measures;
c. Control of nuisance factors; and
d. A statement of compliance with all applicable local, state, and federal laws, rules or regulations, including any requirements of the Americans with Disabilities Act;
4. Those temporary outdoor land uses which are reasonably likely to have an attendance of 750 or more persons shall establish a performance guarantee. Said guarantee shall be in such amount as shall, in the reasonable discretion of the Administrative Officer, insure compliance with the terms and conditions of the temporary outdoor land use permit and fully reimburse the town for all expenses incurred, including legal and administrative costs, in correcting any failure on the part of the permit holder and repairing any damage caused thereby; and
5. The signature of the Administrative Officer.
(e) Revocation. The Administrative Officer may revoke a permit at any time for noncompliance with the requirements of this section or the conditions of any permit issued hereunder. Upon expiration or revocation of a temporary outdoor land use permit, the use shall cease and all temporary structures shall be removed from the parcel of land within five days or such other timeframe as established by the Administrative Officer. A temporary outdoor land use permit may be revoked if any one of the following findings can be made:
1. The temporary outdoor land use permit was obtained by misrepresentation or fraud;
2. One or more of the conditions of the temporary outdoor land use permit has not been met; or
3. The use is being conducted in violation of a town ordinance, or a state or federal law or regulation.
(6) Fireworks sales. Strict compliance with the provisions of state fireworks laws is required. Fireworks stands are hereby expressly prohibited from being located within a residential zoning district, unless otherwise approved by the Board of Zoning Appeals. The permit holder shall also provide proof of insurance with financial limits acceptable to the Administrative Officer. In no instance shall the sale of fireworks take place outside of an enclosed building.
(C) Residential. The following standards shall apply to properties within a residential zoning district. The following temporary uses and structures are permitted as described below wherein no permit shall be required unless otherwise specified.
(1) Garage/yard sales. Garage/yard sales are permitted to occur no more than four times per calendar year, not to exceed 16 days per calendar year. Garage/yard sales shall be distinguished from flea markets or farmer’s markets in that garage/yards sales are clearly incidental to residential uses, while flea markets and farmer’s markets are commercial businesses. In no instance shall this provision be interpreted as permitting the operation of a flea market or farmer’s market.
(2) Children's roadside stands. Children's roadside stands shall be permitted, but shall not be located in any existing public right-of-way.
(3) Temporary home sales facilities.
(a) Temporary model homes. Temporary model homes shall be permitted in any residential development provided they comply with the following provisions:
1. Use. The use of the facility shall be limited to open house purposes for prospective buyers. Temporary model homes may be used for the purpose of selling homes in other developments or in other communities.
3. Exterior 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. Off-street parking spaces for model homes installed for the use of salespersons and potential buyers shall comply to the size requirements of this chapter. Off-street parking for the facility shall be located in, and not extend beyond, the driveway. Any driveway area shall be consistent in size and paving with those of the homes to be constructed in the development.
5. Landscaping. Model homes shall provide landscaping consistent with that which will be provided for homes to be constructed in the development.
6. 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 and driveway finished or fully installed. All necessary permits shall be obtained prior to occupancy as a residence.
7. Timeline. A model home may be permitted from the date the subdivision has provided proper emergency access to the model home lot from a perimeter street, and complied with all other aspects of this chapter, until the last certificate of occupancy is issued for the individual lots within the subdivision or five has passed from the issuance of the permit for the model home, whichever is less. The Administrative Officer may grant two one-year extensions; any subsequent extensions may be granted by the Board of Zoning Appeals.
(b) Temporary sales trailers . No more than one temporary sales trailer shall be permitted in any development until either: (a) building permits have been obtained for greater than 90% of the lots included in the preliminary plat for the development; or (b) 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. An improvement location permit shall be required for all temporary sales trailers. All temporary sales trailers shall comply with the following requirements.
1. Location. Temporary home sales trailers 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 temporary sales trailer.
2. Use. The use of the facility shall be limited to open house purposes for prospective buyers. Temporary sales trailers may not be directly used for the purpose of selling homes in other developments or in other communities.
4. Exterior lighting. All exterior lighting for temporary sales trailers shall be limited to typical household exterior lighting. The use of all other types of lighting, including floodlighting and search lights shall be prohibited.
5. Parking. Temporary sales trailers shall provide two off-street parking spaces. The spaces shall be surfaced with stone meeting the requirements of the Town Engineer.
6. Landscaping. Temporary sales trailers shall provide a landscaped 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.
7. Sales trailer conversion. Any builder with 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.
(E) Food trucks. The following standards apply to all food trucks wishing to operate within the town corporate limits:
(2) Food trucks shall not operate, locate, or park in any public right-of-way.
(3) Food trucks shall not interfere with traffic flow on any public street, private street, or internal drives of parking lots.
(4) Food trucks shall not operate, locate, or park on any sidewalk or multi-use path.
(5) Food trucks shall not operate, locate, or park in a manner that hinders access to a fire hydrant.
(6) Food trucks shall not operate, locate, or park in a manner that prevents or blocks access to any driveway, sidewalk, or building entrance or exit.
(7) Food trucks shall not operate, locate, or park within 200 feet of the front door of any restaurant and/or dining area, unless given written approval any and all restaurants and/or dining areas within said distance.
(8) Food trucks shall operate, locate, and/or park on properties zoned Neighborhood Commercial, Professional Business Office, Regional Commercial, Low Intensity Industrial, Medium Intensity Industrial, Public/Semi-public, and PUDs (only when specifically permitted by that PUD Ordinance). Food trucks shall be permitted only by special exception in Old Town and are prohibited in all other zoning districts.
(9) Food trucks are prohibited from locating on a lot or property that does not have another primary structure.
(10) Food truck hours of operations are limited to 8:00 a.m. through 10:00 p.m.
(11) Food trucks signage shall be limited to signs which are attached to the surface to the food truck itself. Such signage shall not project more than six inches from the surface of the truck. In addition, each truck shall be permitted a sandwich board sign as described in §§ 154.140 through 154.148. These signs shall also comply with the location/placement limitations listed in divisions (E)(2) through (E)(6) of this section, be removed each day with the truck, and shall not be placed further than ten feet from the food truck.
(12) Food trucks shall not be permitted to be located or parked overnight in the town other than in an enclosed building.
(13) Town trash receptacles shall not be used by the customers or operators of any food truck.
(14) The area surrounding any food truck shall be kept clean of trash and debris. Discharges of waste or liquid onto the ground or into the sanitary or storm sewers is strictly prohibited.
(15) The permit holder shall be held responsible for any non-compliance.
(16) The permit must be posted in plan sight of the general public on the food truck at all times when in operation.
(17) Any food truck found not to be in compliance with these rules and regulations will be issued a notice of violation which must be corrected and the truck brought into compliance within 24 hours thereafter or the Administrative Officer may revoke the permit subject to appeal as set forth in §§ 154.200 through 154.211.
(18) Exemptions:
(a) Food trucks operating at a festival, farmer’s market, church function, public school function, or the like, and such festival, farmers’ market, church function, public school function, or the like, has applied for and obtained a temporary use permit, may operate under such temporary use permit for the duration of such permit but only for the food truck(s) identified within said permit. Food trucks operating under this exemption shall be required to comply with divisions (E)(3), (E)(5), (E)(8), (E)(11) and (E)(14) of this section.
(b) Under no circumstances shall a roadside stand solely operated by a child(ren) be considered a food truck).
(Ord. 121410, passed 1-11-2011; Ord. 040814A, passed 4-8-2014; Ord. 111114, passed 11-11-2014)