(A) Temporary uses, as defined in this chapter, shall be permitted in all zoning districts, subject to the restrictions and standards established in this chapter, provided that any temporary use or structure shall meet the bulk regulations and parking requirements established in this section. No temporary use or structure shall continue for such a length of time that it constitutes in effect a permanent use. Recurring temporary uses and structures, where the same temporary use or structure is established on the property on an annual basis or other regular period basis, shall be allowed and treated as conditional uses and shall be subject to the regulations established in this chapter.
(B) Restrictions on temporary uses shall not apply to any use which is conducted entirely on private residential property, operated by the person, company or organization owning the property, provided that the duration of the temporary use does not exceed 48 hours and is repeated not more than four times a year, except it shall be unlawful for any person, association, organization, business, firm or corporation to conduct, or cause to be conducted, a yard or garage sale at any one location for more than three days in duration, on more than four separate occasions in any 12-month period. YARD SALE or GARAGE SALE is defined as the sale, offering for sale, bartering or exchanging of new or used goods at a location other than on property zoned for such activity.
(C) Notwithstanding division (B) above, any tent, trailer or structure subject to the requirements of this chapter and intended or used for human occupancy shall comply with the Electric Code and Fire Prevention Code of the town and shall not be used or occupied until a certificate of occupancy has been received from the Administrator.
(D) Temporary uses and structures subject to administrative approval. The following temporary uses and structures are permitted in any zoning district if they meet the requirements of this chapter and receive a temporary use permit from the Administrator:
(1) Construction trailers, equipment storage sheds and portable lavatories provided that:
(a) The trailer, shed or portable lavatory is incidental to the construction of a building development;
(b) The trailer, shed or portable lavatory is located on the same lot as the building development, an abutting lot or such other location as approved by the Administrator;
(c) The trailer, shed or portable lavatory shall remain on the property no longer than the time of construction; and
(d) The trailer, shed or portable lavatory will be located no closer than 20 feet from any other property located in a residential district.
(2) Christmas tree sales lots, provided that:
(a) The use is located on a lot that fronts a collector or arterial street;
(b) The use is located on a vacant lot or parking area;
(c) The trees are located at least 25 feet from any structure on another lot;
(d) Trees remaining on hand after December 25 shall be removed from the premises no later than 15 days after December 25; and
(e) A refundable bond, in an amount established by the Town Council, is posted with the town.
(3) Art, craft and book sales;
(4) Sidewalk sales; and
(5) Yard/garage sales.
(E) Temporary uses and structures subject to approval by the Administrator. The following temporary uses and structures, and any other temporary uses and structures not specified in this section above are permitted only upon approval by the Administrator and based upon the standards set forth below:
(1) Carnivals and festivals, provided that:
(a) Trailers and other equipment do not block driveways or other points of emergency vehicular access to any property;
(b) Trailers and other equipment do not block a public street, alley or sidewalk; and
(c) The operation will be located entirely within the private or public property designated for the event.
(2) Vendors’ carts and stalls, provided that:
(a) The cart or stall will be located on a lot in the town core district;
(b) The cart or stall will be located between the principal building and a public street; however, the cart or stall shall not block a public sidewalk;
(c) The cart or stall will not block a driveway or other point of emergency vehicular access to any property;
(d) The vendor has the express written consent of the owner of the property to place the cart or stall on the property; and
(e) Where operating on a public right-of-way or public property, the vendor shall maintain an insurance policy which designates the town as the insured party against any liability for personal injuries or property damage.
(3) Produce and farmer’s markets; and
(4) Sidewalk cafés, when accessory to restaurants operating entirely within enclosed buildings.
(Ord. 1997-1, § 130.3(C), passed 1-22-1997) Penalty, see § 157.999