(A) Generally.
(1) Temporary use permits shall be required for any non-permissive use in any zone district which is intended to last for a limited period of time; e.g., fireworks sales, car washes, and the like.
(2) Other temporary uses may be provided for elsewhere in this chapter, and in these case, the more stringent requirements apply in case of a conflict with this section.
(3) In no case shall a temporary use permit be issued for a period exceeding 9 months, unless the permit is renewed pursuant to this chapter, or is subject to division (D) below.
(B) Standards and requirements. The following minimum requirements shall apply to temporary use permits:
(1) A structure for which a temporary permit is issued shall be subject to the standards, limitations and requirements of the zoning district in which it is located.
(2) The structure shall meet all applicable county health and safety requirements.
(3) Temporary uses or activities shall comply with applicable county, state and federal regulations and requirements.
(4) Temporary uses must be compatible with vicinity uses or otherwise satisfactory and not create an undue nuisance to surrounding property owners.
(5) In the event that the use or activity involves a temporary structure, the structure shall be removed upon expiration of the temporary use permit unless a new application is approved by the Department.
(C) Conditions of approval.
(1) In issuing a temporary use permit, the Department may impose reasonable conditions as necessary to preserve the basic purpose and intent of the underlying zoning district.
(2) These conditions may include, but are not limited to, the following:
(a) Increasing the required yard dimensions;
(b) Requiring fencing, screening or landscaping to protect adjacent or nearby property;
(c) Limiting the number, size, location or lighting of signs;
(d) Limiting the time for certain activities;
(e) Limiting the total duration of the use; or
(f) Posting reasonable bonds or other financial assurances to guarantee compliance with conditions of approval.
(D) Termination or non-renewal.
(1) (a) If the applicant for a temporary activity or use fails to maintain compliance with conditions of approval, or if the activity or use is determined, upon appeal of the Department's decision, to be inconsistent with the provision of the applicable zoning district, the use may, upon 30 days notice by the Department, be terminated.
(b) An appeal may be made at any time during the duration of permit approval, and is not subject to other time limitations.
(2) If the temporary use is determined to be incompatible with vicinity uses or otherwise unsatisfactory, and the conditions cannot be mitigated, the temporary activity or use may be denied renewal by the Department.
(3) If at any time the Department determines that a temporary use is more permanent than temporary in nature, the use shall comply with all applicable provisions of this chapter.
(Ord. 2004-05, passed 9-15-2004; Am. Ord. 09, passed 9-15-2004) Penalty, see § 154.999