1173.03 TEMPORARY BUILDINGS AND USES.
   (a)   The following regulations are necessary to govern certain uses which are of a non-permanent nature. For such uses requiring temporary zoning permits, at least seven (7) days before the instigation of such use an application for a zoning permit shall be made to the Zoning Enforcement Officer, which shall contain a graphic description of the property to be used, a description of the proposed use, and a site plan, with sufficient information to determine the yard, setback, parking, and sanitary facility requirements for the proposed temporary use.
   (b)   The following uses are deemed to be temporary uses and shall be subject to the specified regulations and time limits which follow, as well as the regulations of any district in which they are located:
      (1)   Real estate sales offices, which shall contain no living accommodations, shall be permitted within any district for any new subdivision for a period of one year, except that two (2) six-month extensions may be granted if conditions warrant. Such offices shall be removed upon the completion of the sales of the lots therein, or upon the expiration of the zoning permit, whichever occurs first.
      (2)   Temporary buildings, offices, and equipment and storage facilities required in conjunction with construction activity may be permitted within any district for a period of one year, except that six-month extensions may be granted if construction is substantially underway. Such uses shall be removed immediately upon completion of the construction, or upon expiration of the zoning permit, whichever occurs first.
      (3)   Temporary sales activities, including any temporary structures, tents and stands, may be permitted in any commercial district. Said temporary sales activities shall not be located within a required yard or public right of way and must be in an area which is paved and the activity may not interfere with sight distance, traffic circulation or emergency vehicle access. Temporary sales on unpaved landscaped    areas is prohibited.
   A zoning permit valid for a period not to exceed four (4) consecutive days shall only be issued three (3) times within any twelve-month period to any individual or organization. The application for the temporary zoning permit shall be accompanied by written permission of the property owners(s), and shall be prominently displayed at the site. The Zoning Enforcement Officer shall not issue a permit for such temporary use if he determines that it encroaches upon more than twenty-five (25) percent of the required parking area.
      (4)   Temporary retail sales of flowers, plants, arts and crafts, or similar items by commercial retailers may be permitted in any commercial district. Said temporary sales activities shall not be located within a required yard or public right of way and must be in an area which is paved and the activity may not interfere with sight distance, traffic circulation or emergency vehicle access. Temporary sales on unpaved areas is prohibited.
   A zoning permit valid for a period not to exceed seventy-five (75) consecutive days shall be issued once within any twelve-month period. The application for the temporary zoning permit shall be accompanied by written permission of the property owner(s), and shall be prominently displayed at the site. The Zoning Enforcement Officer shall not issue a permit for such temporary use if he determines that it encroaches upon more than twenty-five (25) percent of the required parking area.
   Temporary retail sales of fresh farm produce, flowers, plants, arts and crafts, or similar items by individuals or not for profit groups are exempt from the permitting requirements.
         (Ord. 2005-34. Passed 12-12-05.)