The Department of Planning, Land Use and Neighborhoods is authorized to issue a permit for temporary uses of property pursuant to a permit form devised for such purpose. Authorization shall be as follows:
(A) Each permit for open lot sale of seasonal items such as Christmas trees, pumpkins and the like, in any commercial district shall not exceed 45 days.
(B) Each permit for real estate sales offices in any district, shall not exceed one year, which may be renewed upon a showing of good cause.
(C) Each permit for contractor's offices, equipment sheds, open storage or laydown areas, and trailer offices in any district, provided that the same is placed on the property to which it is appurtenant, or with express permission from the owner of other suitable property, shall not exceed one year, which may be renewed upon a showing of good cause.
(D) Each permit for fireworks stands in any commercial district, provided that such activity is conducted in accordance with all applicable requirements of state law and town codes, shall not exceed 30 days.
(E) Permits for placement of a portable storage unit on commercial or residential property, provided that:
(1) There shall be no more than one portable storage unit per site no larger than eight feet wide, 16 feet long, and eight feet high.
(2) A portable storage unit may remain on a site for the duration of construction under a valid building permit, but not more than 30 days in any calendar year without the same, provided that one 30-day extension may be granted if there is substantial evidence of need.
(3) It shall be unlawful for any person to place or permit the placement of any portable storage unit on a site in which they own, rent, occupy, or control without first obtaining a temporary use permit. The issuance of a permit shall allow the applicant to place a portable storage unit on a property in conformance with the requirements of this section.
(4) In residential districts, portable storage units shall only be placed in a driveway, unless the rear of the site is readily accessible. If the Zoning Administrator, or designee, determines that there is no driveway available for placement of a portable storage unit and the rear of the site is not readily accessible, then the portable storage unit may be placed in a front yard, as long as the location does not obstruct the free, convenient, and normal use of any easement dedicated for use by the public rights-of-way. Portable storage units shall not displace required parking spaces in either commercial or residential districts.
(5) Notwithstanding the time limitations set forth herein, all portable storage units shall be removed immediately upon the issuance of a hurricane warning by a recognized government agency. If the Zoning Administrator, or designee, determines that an emergency, other than a hurricane warning by a recognized government agency, provides sufficient cause to exceed or reduce the time limitations which would otherwise apply, the Zoning Administrator, or designee, may allow a portable storage unit to remain at a site for a period in excess of such time limitations, or may also order immediate removal of the portable storage unit.
(6) The owner and operator of any site on which a portable storage unit is placed shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discolorations, rust, ripping, tearing, or other holes or breaks. When not in use, the portable storage unit shall be kept locked. The owner or operator of any site on which a portable storage unit is placed shall also be responsible that no hazardous substances shall be stored or kept within the portable storage unit.
(7) The provisions of this section shall not supersede the restrictive covenants of any subdivision or planned development in which the placement of portable storage units is limited or prohibited.
(F) Permits for temporary uses on a semi-permanent or permanent part-time basis.
(1) Purpose. The purpose of providing a temporary use permit for uses on a semi-permanent or permanent part-time basis is two-fold. The first is to allow the utilization of property intended for the highest and best use of the property in stages without full compliance with all development regulations for a limited amount of time under strict permit requirements. This could involve such development standards as paved parking and required landscaping or bufferyard plantings, or temporary office buildings. The second is to allow the utilization of property for such uses that do not represent the highest and best use of a property, but provide an opportunity to utilize the same as a revenue source or interim use for either an existing principal use or vacant land. Examples of such uses are a drive-in movie theater utilizing an inflatable screen located in an existing parking lot or vacant lot, utilization of a vacant lot or parking lot for outdoor dining or other uses which would normally not be allowed, or tents or other structures or spaces for classrooms, religious services, and the like.
(2) Findings.
(a) The town code currently provides permits for temporary uses and special events for certain uses of limited occurrences and duration;
(b) Even under normal circumstances there exists an additional need for the allowance of such activities and uses as described herein that are not provided in the current temporary use or special event regulations;
(c) Under a public health emergency or other event which disrupts normal operations, many of the highest and best uses of properties are no longer allowed or feasible, such as indoor dining, or open-lot retail and similar uses; and
(d) Such uses described herein are best addressed through the temporary use permit process described herein below.
(3) The permit for these uses shall be valid for a one-year period divided into 90-day intervals, where the permit may be automatically renewed for each interval except if division (F)(3)(d) below is invoked. The permit shall be modeled upon that which is used for special events and may contain the following, but shall not be limited solely to these items:
(a) A site plan map or other suitable drawing or acceptable information indicating site location, property boundaries and other relevant site features;
(b) The initial duration of the use and any provision for extension or renewal;
(c) Any special conditions or limitations pertaining to the use including, but not limited to, access, and the need for its control, signage, hours of operation, the provision of sanitary facilities, food and beverage service, proximity to residential uses, sound or noise control, light, glare, odor or other components which may have an effect on adjoining properties; and
(d) Provisions for suspensions or revocations of the permit for noncompliance, or nuisance related activities not permitted.
('81 Code, § 155.23) (Ord. passed 8-13-79; Am. Ord. 93066, passed 2-8-94; Am. Ord. 99012, passed 4-21-99; Am. Ord. 02024, passed 6-11-02; Am. Ord. 05025, passed 5-10-05; Am. Ord. 06069, passed 2-13-07; Am. Ord. 14047, passed 8-12-14; Am. Ord. 20057, passed 10-13-20) Penalty, see § 156.034