§ 156.329  TEMPORARY USES.
   The Department of Planning and Development is authorized to issue a permit for temporary uses of property. There should be no more than two such permits granted to a particular property per calendar year. Authorization shall be as follows:
   (A)   Each permit for open lot sale for Christmas trees in the AB, OP, NC, CO, and LI districts shall not exceed 45 days.
   (B)   Each permit for real estate sales offices in any district, except full or near fully developed and occupied residential districts, provided no cooking or sleeping accommodations are maintained, except for watchmen in the structure, shall not exceed one year.
   (C)   Each permit for contractor's offices, equipment sheds and trailer offices in any district, except fully or near fully developed and occupied residential districts, provided that such office is placed on the property to which it is appurtenant, shall not exceed one year.
   (D)   Each permit for fireworks stands in the AB, NC, OP and LI districts, 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)   No portable storage unit shall remain on a site in excess of 30 days in any calendar year.  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.
('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)  Penalty, see § 156.034