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No temporary construction administration or sales office is to be used until a conditional use-and-occupancy permit, certifying compliance with this chapter, has been issued by the director. The conditions of the use-and-occupancy permit are as follows:
(a) A temporary construction administration or sales office must not be detrimental to the use, peaceful enjoyment, economic value or development of surrounding properties or the general neighborhood; and must not cause any unreasonable noise, vibrations, fumes, odors, dust, glare or physical activity as defined and regulated elsewhere in the Code.
(b) If at the time of permit issuance, a temporary construction administration or sales office, including any associated trailer, building or portable toilet, that is located within 100 feet of an occupied, residentially developed property and is to be maintained in the same general location for one year or more, it must be attractively landscaped and maintained in good condition so that such temporary use will not adversely affect nearby residential development.
(c) A temporary outdoor storage yard for construction equipment or building materials and supplies that is located within 300 feet of any occupied residentially developed property, is to be maintained in the same general location for more than one year, and which is limited to the construction of buildings or structures within the same site or subdivision, must be effectively screened from the residential development by natural features, a solid fence not more than 6 1/2 feet in height, or any other means that will provide visual protection to nearby residents.
(d) Any temporary construction administration or sales office, including an outside storage area, located more than 100 feet from an occupied, residentially developed property may be approved for more than one year but not for more than 3 years except that extensions may be approved by the director for additional two-year periods in accordance with the extension provisions of subsection (f).
(e) Any temporary construction administration or sales office, including an outside storage area, located within 100 feet of an occupied, residentially developed property cannot be approved for more than one year except that extensions may be approved by the director for additional one-year periods in accordance with the extension provisions of subsection (f). In addition, if a public hearing is held on the extension, then the applicant must demonstrate to the director that a more appropriate location for such use, farther removed from the residential development, does not exist on the site or subdivision. This finding will not be required if the extension requested does not exceed 6 months.
(f) The procedures applicable to requests for extensions of a temporary use-and-occupancy permit for a temporary construction administration or sales office, and/or an outdoor storage yard, as follows:
(1) A request for an extension of time for a temporary construction administration or sales office, including an outside storage area for construction equipment and materials, must be filed on forms supplied by the director.
(2) In requesting an extension, the applicant must also demonstrate compliance with the applicable landscaping and screening requirements that pertain to uses existing longer than one year.
(3) If a construction administration or sales office, including an outside storage area, is to be moved less than 200 feet from the originally approved location, then continuance of the use must be in accordance with the extension provisions of subsection (f). If such use moves more than 200 feet from the originally approved location, then a new temporary use-and-occupancy permit is required in accordance with all of the provisions of section 59-A-3.23.
(4) The applicant for an extension must provide notice by certified mail to all owners of property that adjoin such use stating that an extension has been requested and that the owners if they wish to comment, must submit their comments concerning the extension to the director within 20 days.
(5) If any adjoining property owner opposes continuance of the use, the director must hold a public hearing prior to making a decision on the requested extension. A notice of such public hearing must be sent to all adjoining property owners.
(6) The director's decision on an extension must be made within 5 workdays of the closing of the hearing record. In approving an extension, the director may add further reasonable conditions to the use-and-occupancy permit. The director may deny an extension, with reasons for the denial stated in writing.