§ 103-2. Temporary Uses.

(a)

Applicability. If not already provided for as a permitted use by the Land Development Code, a temporary use is a permitted use in any land use (zoning) district, provided it meets the criteria set forth in this section. This section shall not override or substitute for any other section of this Land Development Code that requires another type of permit, certification or approval.

(b)

Temporary uses, other than public assemblies and temporary construction staging areas. Approval of a temporary use that is not defined as a public assembly in Section 101-1 or categorized as a temporary construction staging area pursuant to Section 6-3 shall be granted only if the following criteria are met:

(1)

Prior to establishment of the temporary use, a special building permit approving the temporary use, and any associated temporary structures, shall be issued in accordance with this section and Section 6-112;

(2)

No clearing or filling of environmentally sensitive lands shall occur to accommodate the temporary use;

(3)

The temporary use shall not occur in any required setback or required parking area; and

(4)

The temporary use shall be compatible with existing uses on surrounding properties, as determined by the Planning Director. If necessary, prior to issuance of a special building permit allowing the temporary use, the Planning Director may require a meeting with the applicant, the Planning Director (or his/her designee), Building Official (or his/her designee), the Sheriff (or his/her designee), the Fire Chief (or his/her designee), and/or a representative of the county Health Department to negotiate mutually satisfactory conditions under which the temporary use may be approved to avoid substantial harm to the public health or safety and to minimize or to avoid substantial harm to, or impairment of the normal use of, a public place or to avoid substantial harm to the environment. Depending on the nature and anticipated duration of the temporary use, as a condition of approval to the special building permit, the Planning Director and Building Official reserve the right to:

a.

Require fencing, landscaping and/or other screening to limit potential visual and noise impacts of the temporary use on adjacent property owners; and

b.

Require full compliance with the surface water management provisions provided in Chapter 114, article I and the bufferyard provisions provided in Chapter 114, article V.

(c)

Public assemblies. A public assembly is a type of temporary use that is attended by members of the general public, with or without an admission charge, when the duration of the event is less than seven consecutive days and/or the anticipated daily attendance is expected to exceed 250 persons. Approval of a public assembly shall be granted in accordance with the provisions set forth in Chapter 17, article II, Public Assembly Permits.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)