(A) The Zoning Administrator shall issue a zoning permit for a temporary trailer to be used for sales and/or construction purposes:
(1) During construction of a residential or mixed-use development; or
(2) During construction, renovation, or reconstruction of a primary permanent structure for commercial or residential uses, if the following criteria are met:
(a) For a trailer permitted under division (A)(1) above, there is an approved, valid final site plan or subdivision plat that remains under bond, for the site on which the temporary trailer will be located;
(b) For a trailer permitted under division (A)(2) above, there is a valid building permit in place;
(c) The applicant has submitted a sketch of the site identifying the location of the temporary trailer and construction plans. This sketch need not be sealed by an engineer but must show scale, north arrow, distance from the trailer to the nearest property lines, the location of at least two parking spaces, the hours of operation, and the location, type, and wattage of any temporary site lighting for the temporary trailer;
(d) The temporary trailer shall be subject to the minimum setbacks of the zoning district in which it is located;
(e) The temporary trailer shall be located within the boundary of the project in which lots or units are to be sold or rented;
(f) No sleeping accommodations shall be provided within the temporary trailer;
(g) The temporary trailer shall be securely attached and underpinned. Foundations for the office shall be screened from public view;
(i) Each temporary trailer shall not exceed one story in height and 625 square feet of floor area;
(j) Sanitary facilities are connected to public water and sewer or have been approved by the health department. A copy of the health department approval must be submitted with the application;
(l) Prior to issuance of any permit, the applicant shall execute a guarantee of removal after termination of the permit and the Zoning Administrator shall require a reasonable bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the Town Attorney, to ensure that measures could be taken by the town at the applicant’s expense should they fail, after proper notice, to remove the temporary trailer from the location or fail to take such other action to meet the aforementioned conditions. If the town takes such action upon such failure by the applicant, the locality may collect from the applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held, if any. Within 60 days of the completion of the requirements of the permit conditions, such bond, cash escrow, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated.
(B) The permit for a temporary trailer shall be for no more than 180 days, subject to a single renewal for up to 180 days, but in no circumstances may a single project have a temporary trailer for more than 360 days in any 24-month period. Upon the sale or rental of all marketed units on the property, the permit for the temporary trailer expires immediately. The Zoning Administrator may terminate the permit after giving 10 days notice of a violation of this section if the violation remains uncorrected upon expiration of the notice period. The holder of the permit may appeal the termination of the permit within 10 days to the Board of Zoning Appeals.
(C) Applicants shall apply for the permit with forms provided by the Zoning Administrator and pay the applicable fee as set by Town Council in the fee schedule. The Zoning Administrator shall grant or deny the permit within 30 days of application. If the Zoning Administrator grants the permit, the applicant shall keep and display the permit on the exterior of the temporary trailer until the trailer is removed from the site.
(Ord. O-2023-10, passed 6-6-2023)