A. Purpose and Intent. The purpose of this section is to establish a uniform mechanism for reviewing temporary uses, structures, and special events to ensure they comply with the standards in Section 4.5, Temporary Uses. Temporary uses include temporary structures and activities that are proposed on an individual lot or site for a limited duration and that have a clear commencement and cessation.
B. Applicability. The provisions of this section shall apply to all proposed temporary uses, temporary structures, and special events set forth in Section 4.5, Temporary Uses, but shall not be applied to applications for temporary signage, which are subject to the standards in Section 2.2.18, Sign Permit.
C. Temporary Use Permit Procedure. The Temporary Use Permit procedure is described in Figure 2.2.20, Temporary Use Permit Procedure, as supplemented by Section 2.3, Application Processing.
D. Decision by Planning Director. The decision on a temporary use permit shall be made by the Planning Director in accordance with the standards in Section 2.2.20.E, Temporary Use Permit Review Standards.
E. Temporary Use Permit Review Standards. An application for a temporary use permit shall be approved provided it complies with the following:
1. The temporary use permit complies with all applicable requirements in Section 4.5, Temporary Uses;
2. The applicant has written permission from the landowner, or is otherwise authorized to make use of the land;
3. The applicant has obtained the appropriate permits and licenses from the Town and other agencies;
4. The temporary use meets public utility and Town requirements for proper connection to water, sewer, electrical and other utility service connections, as applicable;
5. The temporary use does not violate the applicable conditions of approval that apply to a site or use on the site;
6. The proposed site contains sufficient land area for the temporary use and for the parking and traffic movement associated with the temporary use, without impacting environmentally sensitive lands;
7. The temporary use is located outside the FHO district or a special flood hazard area; and
8. Includes a concept plan or plot plan that accurately depicts the proposed use's configuration.
F. Amendment. Amendment of a temporary use permit may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
G. Expiration. Approval of a temporary use permit shall be effective beginning on the date of approval and shall remain effective for the period indicated in the permit.
H. Appeal. Appeal of the Planning Director's decision on a temporary use permit shall be reviewed and decided by the BOA in the nature of certiorari and in accordance with Section 2.2.3, Appeal.
(Ord. 2020-36, passed 12-2-2019)