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The provisions of this section shall apply to the uses and conditions hereinafter enumerated. Where this section prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this section shall apply.
(Ord. 2012-04, passed 12-5-2012)
(A) All time requirements are consecutive days per calendar year unless specifically stated otherwise. Only one temporary use permit is to be issued for a parcel at any one time. Permits shall not have overlapping time frames;
(B) (1) Special events shall include such outdoor activities as:
(a) Transient amusement activities (carnivals, circuses);
(b) Tent revivals, seasonal festivals;
(c) Outdoor sales events (sidewalk, parking lot sales); and
(d) Outdoor art and craft shows, exhibits (art, craft, RV, boat).
(2) Events shall be limited to a maximum of five times per calendar year not to exceed a maximum duration of five days per event.
(C) Christmas tree sales lots, subject to not more than 40 days of site occupation and operation per year;
(D) Campaign offices, subject to not more than 70 continuous days of site occupation and operation;
(E) Religious, patriotic, historic or similar displays or exhibits within yards, parking areas or landscaped areas, subject to not more than 30 days of display in any one year period for each exhibit;
(F) Contractor’s office and storage yards on the site of an active construction project;
(G) Manufactured home residences or trailers for security purposes on the site of an active construction site of major development projects, but for not more than a total of 12 months;
(H) Stands for the sale of jewelry, furs, rugs and similar home-type products, subject to not more than 30 days per year;
(I) Stands for the sale of produce, subject to not more than 30 days per year. The provisions of this division (I) do not apply to the sale of produce raised on the premises;
(J) Temporary retail food sales, subject to not more than 30 days per year. This shall include stands for sales at one-day special events;
(K) Establishment of batch plants in conjunction with road construction projects, subject to Planning and Zoning Commission approval;
(L) Temporary occupancy of a recreational vehicle or a travel trailer in the G, AR, RR or MHP Zone for a period not to exceed 100 consecutive days per calendar year; provided that, the lot or parcel is not already occupied by a dwelling or other residential structure;
(M) Upon the issuance of a building permit, temporary occupancy of a recreational vehicle or a travel trailer in the G, AR or RR Zone for a period not to exceed six months; provided that, the lot or parcel is not already occupied by a dwelling or other residential structure. The temporary use permit may be renewed only if the building permit is issued for a dwelling, and if the building permit remains active;
(N) Metal storage containers, refer to § 14.7;
(O) Temporary banner signs and community banner signs not permitted elsewhere in this code, subject to Planning and Zoning Commission approval. The maximum length of time for any such sign shall be 60 days. For guidance in the determination of size, number of signs, height, location and other criteria, the Commission shall refer to those parts of § 16 of this code that deal with banner signs; and
(P) Additional uses determined to be similar to the foregoing in the manner prescribed in § 20.1, Determination as to Uses Not Listed, may be granted
permits by either the Town Manager or Planning and Zoning Commission.
(Ord. 2012-04, passed 12-5-2012)
(A) All temporary uses shall be subject to the issuance of a temporary use permit. Issuance may be through the action of the Town Manager or the Planning and Zoning Commission. Upon application for a temporary use permit, written authorization of the property owner for the property on which the temporary use is proposed shall be provided. Said authorization shall include reference to the requested use and acknowledgment of proposed time frame for operation of said use.
(B) Prior to the issuance of a temporary use permit a cash bond shall be deposited with the town. This deposit shall be used to defray the costs of cleanup of the property by the town in the event the permittee fails to do same.
(Ord. 2012-04, passed 12-5-2012)
(A) General. Approval of a temporary use permit application shall require compliance with the following performance standards and any further conditions deemed necessary by the Town Manager, his or her designee or Planning and Zoning Commission in order to reduce possible detrimental effects to surrounding developments and to protect the public health, safety and welfare.
(B) Noise. Noise shall not be generated by any use to the point of disturbing the peace, quiet and comfort of neighboring residences or businesses. The permit application shall clearly identify all of the potential sources of excessive noise and the measures proposed by the applicant to control excessive noise. The town may require additional measures to control excessive noise including a curfew.
(C) Parking. Adequate parking shall be provided. All parking shall be located on the sameproperty as the temporary use; public rights-of-way shall not be used for parking.
(D) Location. No permit shall be issued for a use the location of which is deemed to be potentially hazardous to the public. This includes, but is not limited to, heavily congested and/or trafficked areas where the use may impede or inconvenience the public. No use shall be permitted in a public right-of-way.
(E) Sanitation. All requirements of the County Health Department and/or other regulatory health authorities shall be met. Provisions for disposal of solid waste shall be required for all uses.
(F) Signs. One freestanding or wall mounted sign not exceeding six square feet in area and six feet in height is permitted. A diagram of the sign indicating size, text, location on site is required. Color and materials shall be reviewed by town staff. No off- site sign is permitted. Additional signing may be permitted at the discretion of the Planning and Zoning Commission.
(G) Lighting. All lighting sources shall be aimed or shielded so that the direct illumination shall be confined to the property boundaries of the light source. The operation of searchlights or similar lighting sources is prohibited.
(H) Other permits. Any required Health Department and Sheriff’s office permits or licenses shall be obtained.
(Ord. 2012-04, passed 12-5-2012)
If a permit is denied by the Town Manager, the applicant may appeal his or her decision within 30 days to the Planning and Zoning Commission. The decision of the Commission shall be final 15 days from the date of the decision unless an appeal is filed. The Commission’s decision may be appealed within 15 calendar days to the Town Council by the applicant
or any other person as prescribed in § 20.6, Appeals: Town Council Review.
(Ord. 2012-04, passed 12-5-2012)
Upon written application, the Town Manager may extend the time within which temporary uses may be operated (up to a period of 90 days), or may modify the limitations under which such uses may be conducted if the Town Manager determines that such extension or modification is in accord with the purposes of the zoning regulations.
(Ord. 2012-04, passed 12-5-2012)
Each site occupied by a temporary use shall be left free of debris, litter or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used only in accord with the provisions of the zoning regulations.
(Ord. 2012-04, passed 12-5-2012)
Home occupations, where permitted by the provisions of this code, shall be subject to the approval of the Town Manager and shall comply with the following regulations.
(A) (1) A home occupation shall be conducted in a dwelling and shall be clearly incidental to the use of the structure as a dwelling.
(2) In no way shall the appearance of the structure or the premises be so altered or the conduct of the occupation within the structure be such that the structure or premises may be reasonably recognized as serving a non-residential use (either by color, materials or construction, lighting, signs, sounds or noises, vibrations, display of equipment and the like).
(3) No one other than a resident of the dwelling shall be employed in the conduct of a home occupation.
(4) No motor or mechanical equipment shall be permitted other than normally incidental to the use.
(5) The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located.
(6) No storage of materials and/or supplies, including vehicles or equipment used in the occupation, indoors or outdoors, shall be permitted which will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood.
(7) No building or space outside of the main building shall be used for home occupational purposes, except approved agricultural/horticultural related activities.
(8) There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.
(9) A home occupation shall not create any radio or television interference or noise audible beyond the boundaries of the site.
(10) No smoke, odor, liquid or solid waste shall be emitted.
(11) There shall be no outdoor storage or display of materials or equipment maintained on the premises.
(12) The conduct of the home occupation shall not interfere with the maintenance of the required off-street parking spaces on the property.
(13) The application shall be subject to review each year by the Town Manager. Violation of any criteria listed above shall result in cancellation of the home occupation permit.
(B) A decision of the Town Manager regarding the approval, disapproval or conditions imposed may be appealed in writing to the Planning and Zoning Commission within 15 days of notice of the decision.
(C) The Planning and Zoning Commission shall review newly issued home occupation permits on a regular basis.
(Ord. 2012-04, passed 12-5-2012)
Cottage industries may be permitted subject to the granting of a conditional use permit by the Planning and Zoning Commission and, if approved, shall comply with the following restrictions.
(A) The entrepreneur of the cottage industry shall reside on the property.
(B) The number of persons employed in connection with the cottage industry and who are not residents of the dwelling shall not exceed three.
(C) The cottage industry may be conducted either within the dwelling or an accessory structure, or both; provided that, not more than 50% of the combined floor area shall be used in the conduct of the cottage industry.
(D) One non-illuminated sign not exceeding six square feet in area and six feet in height shall be permitted. Colors of sign background, sign lettering and support structure shall be earth tones complementary to the natural surroundings.
(E) Adequate off-street parking shall be provided according to the provisions of § 15. There shall be a maximum of five parking spaces.
(F) Any outdoor storage shall be as permitted in the underlying zone or as specified by the Commission. Outdoor storage shall be completely enclosed with a solid six-foot high fence or wall.
(G) Parking of commercial vehicles shall be as permitted in the underlying zone.
(H) Property for which a conditional use permit for a cottage industry is approved shall front on and have direct access on a road accepted for maintenance by the town or other governmental agency.
(I) Outdoor lighting shall conform to § 17.
(J) Direct sales of products is allowed if such sales are specifically provided for in the use permit.
(K) The business shall not generate any noise, vibration, smoke, dust, odor, heat, glare or electrical interference with radio or television reception that would exceed that normally produced by a dwelling unit.
(L) The Commission may grant a conditional use permit for up to three years. If all requirements of this section and of the use permit have been consistently met, and if no complaints have been filed with the town, the use permit may be renewed for up to five years.
(Ord. 2012-04, passed 12-5-2012)
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