14.6.1 Expansion or replacement of existing facilities.
A. Purpose and scope. Factory-fabricated, transportable building(s) that are designed to arrive at the site ready for occupancy, except for minor unpacking and connection to utilities, and designed for removal for use elsewhere, may be placed on a property to serve as the following:
1. Expansion space for existing churches, health care facilities, and government offices, provided that plans for the permanent expansion of the existing facilities have been submitted to and approved by the town;
2. Temporary offices for construction and security personnel during the construction of a development for which the town has issued a building permit;
3. Temporary quarters for recreational facilities that are being provided in conjunction with a new residential development, provided that the town has approved a site plan or subdivision plan for the development;
4. Temporary quarters for a nonresidential use when the permanent building has been damaged or destroyed by fire or other physical catastrophe, provided that a building permit for the permanent facility is obtained within 90 days after approval of the temporary quarters. The UDO Administrator may approve a written request for an extension of an additional 90 days for good cause shown. Failure to obtain a building permit within the time frame allowed will revoke approval for the temporary quarters. With justification, additional time extensions may be applied for on a case by case basis; and
5. One temporary office per site to include, but not be limited to, the following uses: hiring, membership solicitation, apartment office/leasing, and other general office uses provided that the town has approved a site plan or subdivision plan for the development. The number of modular buildings housing such uses shall be limited to one, unless additional buildings are approved by the UDO Administrator. Such modular buildings shall not be placed on the property prior to the issuance of a building permit.
B. Standards and requirements for approval. In addition to meeting the general standards of Article 14.5.1, all temporary structures approved pursuant to this section shall meet the following standards and requirements:
1. Location. Temporary structures allowed under Article 14.6.1 may be located anywhere on site, except within the following areas:
a. Existing or planned vegetated buffers or within the buffer setbacks; and
b. Other areas designated on the site and/or subdivision plan for open space, vehicular use, or ingress/egress.
2. Other requirements.
a. Under skirting shall be installed around all temporary structures.
b. For those temporary structures requiring site plan approval, the temporary structure shall be compatible with the existing buildings on the site in terms of exterior color.
c. Foundation plantings shall be required for temporary structures intended for use as temporary recreation facilities.
d. A sketch plan shall be submitted to and approved by the UDO Administrator prior to installation of the temporary structure.
3. Duration. Temporary structures under this section may remain on the site for no more than 12 months. This period may be renewed for two 12-month periods, for good cause shown, upon approval of a written request, submitted to the UDO Administrator 30 days prior to the expiration of the permit. In no event, however, shall such extensions allow the temporary structure to remain on the site for more than three years.
14.6.2 Real estate sales office and model sales home.
A. General requirements. One temporary real estate sales office or model sales home may be allowed as incidental to a new residential or nonresidential development provided that:
1. The use is located on a single-family lot or within a multi-family development that was approved by the town as part of a residential development, or within a nonresidential area of an approved planned unit development;
2. Reserved;
3. The temporary use is aesthetically compatible with the character of the community and the surrounding development in terms of exterior color, predominant exterior building materials, and landscaping;
4. The temporary use complies with the minimum yard and setback requirements of the zoning district in which it is located;
5. Parking spaces shall be provided on the lot in a number sufficient to meet the projected demand;
6. For single-family developments, landscaping shall conform to the general landscaping requirements of Articles 7 and 10 of the UDO;
7. A site plan, containing sufficient information to show compliance with the above standards, shall be submitted to and approved by the Planning Department prior to installation of the sales office;
8. The temporary use shall connect to public utilities; and
9. Upon termination of the temporary real estate sales office or model sales home, the structure will be removed unless the structure will be converted into a permanent structure and meets all applicable requirements for permanent use.
B. Duration.
1. Temporary real estate sales offices. Temporary real estate sales offices may be approved for a period of up to one year. This period may be renewed for two additional 12-month periods, but not exceeding a total of three years, for good cause shown, upon approval of a written request for such an extension by the UDO Administrator, filed 30 days prior to the expiration date of the existing approval. All temporary trailers shall be removed from the site prior to the issuance of the last certificate of occupancy for the site.
2. Model sales homes. Model sales homes may be approved for a period of up to three years. This period may be renewed for additional six-month periods, for good cause shown, upon approval of a written request for such an extension by the Planning Director.
14.6.3. Sale/display of goods other than agricultural products.
A. Applicability. Merchants may display and/or sell goods in the town on a temporary basis without establishing a permanent place of business, subject to the standards and requirements set forth in this Article.
B. Location.
1. Outdoor displays. The outdoor display of goods consistent with the provisions of the UDO is considered as an accessory use and does not require a temporary use permit. The outdoor sale of goods does require a temporary use permit.
2. Proximity to residential property. The proposed display and/or sale of goods, products, and/or services for commercial purposes may not occur within 200 feet of an occupied residential dwelling unit.
3. Commercial sales. A temporary display or sale of goods for commercial purposes may take place on a developed site where the principal use is retail sales, or on an immediately adjacent developed out-parcel of such a site.
4. Non-commercial sales. A temporary sale of goods for public or institutional purposes may take place on a developed site where the principal use is retail sales, or on an immediately adjacent developed out-parcel of such a site. Upon approval of the UDO Administrator, such sales may take place on public property, including: public parks owned or maintained by the town, public street rights-of- way, and any other property owned by the town.
C. Similar products, goods, and services. A temporary display or sale of products, goods, and/or services for commercial purposes shall be limited in scope to similar or complimentary products, goods, and/or services to those offered by the existing principal use located upon the same site. The temporary sale of non-agricultural products, goods, and/or services that differ from the normal range of those offered by an existing principal use shall be prohibited.
D. Submittal requirements. The operator of the temporary sale of products, goods, and/or services shall provide the UDO Administrator with the following:
1. Written permission from the property owner;
2. A sketch plan showing:
a. The location of any tent or temporary structure to be used;
b. The location of pedestrian, vehicular, and emergency ingress and egress over the entire property, including pedestrian access to streets, driveways, and parking areas, and obstructions of vehicular rights-of-way;
c. The location and number of available off-street parking spaces to serve the temporary sale of goods;
d. The location, size, color, and design of all temporary signs in accordance with Article 11; and
e. Electrical power connections, if applicable.
E. Hours of operation. The hours of operation of the temporary sale of products shall be from no earlier than 7:30 a.m. to no later than 10:00 p.m., or the same as the hours of operation of the principal use, whichever is more restrictive.
F. Duration; sales per year.
1. The temporary sale of non-agricultural products shall be allowed on an individual parcel or site for no more than 90 total days per calendar year.
2. The number of temporary sales of products per site per calendar year shall not exceed 50 sales events, for a combined total of 90 days. For the purposes of this section,
SITE shall mean the entire parcel, including out-parcels, whether it is a single tenant, multi-tenant, or shopping center use.
G. Requirements.
1. The UDO Administrator shall issue a temporary use permit for the temporary display and/or sale of products if the proposed use satisfies the following requirements:
2. The property contains an area that is not actively used, which would support the proposed temporary sale of products without encroaching into or disturbing existing buffers, open space, landscaping, or traffic movements;
3. Tents and other temporary structures will be located so as not to interfere with the normal operations of any permanent use located on the property;
4. All tents and other temporary structures shall match the predominant color of the principal structure on the premises or be of a neutral or earth tone color;
5. The temporary use will not occupy any existing parking required for the principal use;
6. The temporary sale of products will not likely cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services will be impeded and will not likely cause unreasonable or unwarranted disruption to vehicular or pedestrian traffic; and
7. All inspections and permits required by applicable construction codes have been made and approved by the UDO Administrator.
14.6.4 Sale of agricultural products grown off-site.
A. Agricultural products defined. For the purposes of this section, AGRICULTURAL PRODUCTS are defined as products obtained primarily through farming or agricultural activities, including, but not necessarily limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest products, including Christmas trees, firewood, and pine straw; bees and beekeeping products; seafood; and dairy products. For the purposes of this section, processed or prepared food products of any kind shall also be considered as saleable products.
B. Approval criteria.
1. The temporary sale of agricultural products grown off-site may be allowed subject to issuance of a temporary use permit pursuant to Article 14.7.4 (for exemptions see Article 14.7.2 through 14.7.3). Temporary sales of agricultural products grown off-site shall meet all requirements for temporary sale of non-agricultural goods set forth in Article 14.6.3 above; however, the temporary sale of such agricultural products may occur from a vacant lot, in addition to a developed site where the principal use is retail sales.
2. The temporary sale of agricultural products grown off-site is exempt from the requirement for similar products, goods, or services to those offered by an existing principal use as required under the provisions for the temporary sale of non-agricultural products.
3. The temporary sale of agricultural products grown off-site may be accomplished from a vehicle, trailer, or shipping container, provided such vehicle, trailer, or container is located in accordance with the provisions of Article 14.6.3.
4. The temporary sale of agricultural products grown off-site shall be allowed on an individual parcel or site for no more than 180 total days per calendar year.
14.6.5 Sale of fireworks.
A. The sale of fireworks is specifically prohibited within the town.
(Ord. passed 2-3-2021)