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ARTICLE 24
Section 24-1
Temporary Use Permit Requirements
24-1.01 Temporary use permits shall be
issued by the Planning Director unless otherwise specified by these Zoning
Regulations. Said permit shall be issued only if the Planning Director
finds that all of the following criteria have been met:
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Where applicable, adequate off-street parking shall e provided for
customer vehicles outside the roadway area.
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Signs shall not be larger than ten (10) square feet and must comply with
the sign regulation provisions of these Zoning Regulations.
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Structures or product displays shall not be placed within the visual sight
triangle at intersections.
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Adequate sight distances and adequate access driveways shall be available
for vehicles entering and leaving the temporary use site.
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Noise, odor or light emissions from the site shall not interfere with the
enjoyment or use of the property or create a nuisance or a hazard to
illuminate any nearby property.
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Where applicable, adequate provision for sanitary waste and trash disposal
shall be provided by the applicant. Trash, rubbish and debris shall
be collected and temporarily stored in closed containers or shall be
removed from the premises daily.
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Any utility services provided shall comply with applicable building,
electrical, plumbing, fire, safety, sanitation, public health and other
codes, laws or regulations applicable to the use and shall be installed
only under permits obtained as required by such codes.
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Upon expiration of the temporary use permit, the site shall be cleaned up
and restored to its condition before the temporary use began.
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Any and all applicable provisions of any County or State Regulations.
24-1.02 Applications for a
temporary use permit shall be made to the Planning Director at least five
(5) working days prior to the starting date of the temporary use requested,
and shall contain the following:
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Legal description of the property to be used, rented or leased for the
temporary use.
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A site plan accurately showing the location, access, parking and other
related functions for the temporary use.
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The name, address and phone number of the applicant and the property
owner, if different than the applicant, including authorization by the
property owners.
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Section 24-2
Temporary Uses Authorized
24-2.01 The following
temporary uses are permitted within the zoning districts specifically
identified and subject to the regulations and time limits prescribed for
such uses:
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Christmas Tree Sales: A temporary use permit shall be permitted in
any zoning district for the display and open-lot sales of Christmas trees
for a period not to exceed forty-five (45) days. Display of
Christmas trees need not comply with the yard and setback requirements of
these Zoning Regulations, provided that no structures or trees shall be
placed within the visual sight triangle.
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Contractor's Office: A temporary use permit shall be permitted in
any zoning district for a contractor's temporary office, and equipment
storage incidental to a construction project. The permit shall be
valid while construction work is in progress for no more than one (1)
year, but may be renewed. The office or equipment shall be removed
upon completion of the construction project.
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Real Estate Project Sales Office: A temporary use permit shall be
permitted in any zoning district for a temporary real estate sales office
in any new subdivision which has been approved by the Board. The
permit shall be valid for not more than one (1) year, but is renewable.
The office shall be closed upon completion of the development in the
subdivision. The office shall contain no sleeping or cooking
accommodations unless located in a model home.
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Garage or Yard Sales: A temporary use permit shall be permitted in
any residential or agricultural zoning district. A temporary use
permit shall only be required when such sales are conducted for a period
of more than two (2) days or more than three (3) times at the same
site during any calendar year.
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Seasonal Sales or Farm Produce: A temporary use permit shall be
permitted in any residential district for the sale of produce grown on the
premises. The permit shall not exceed a period of six (6) months.
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Promotional Display and Sales: A temporary use permit shall be
permitted in any commercial or industrial zoning district for periodic
promotion and display and sale of goods, including grand openings, going
out of business and special seasonal sales. Goods may be displayed
outside of an enclosed building and in parking areas provided vehicle
access is not impaired. The permit shall not exceed a period of ten
(10) days.
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Temporary Hardship Mobile Home: A temporary use permit shall be
permitted in any residential or agricultural zoning district containing a
minimum of three (3) acres for hardship mobile home or manufactured home
in addition to an existing residence under extreme hardship and subject to
the following conditions:
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The applicant shall clearly state the reason(s) for the hardship.
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The temporary hardship residence shall be permitted only in a zoning
district wherein the minimum lot size for single-family residential units
is three (3) acres or greater.
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All requirements of the Franklin County Sanitarian codes shall be met.
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The applicant shall sign an affidavit for the placement of a temporary
hardship mobile home or manufactured home for a period of one (1) year
with acknowledgement that failure to remove to temporary hardship home
constitutes a zoning violation punishable by a fine to exceed five hundred
dollars ($500.00) for each day of violation.
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The application for the placement of a temporary hardship mobile home or
manufactured home shall include a performance bond in the amount of five
thousand dollars ($5,000.00) to ensure the removal of the temporary
hardship mobile home or manufactured home within the specified time frame.
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A hardship residence shall be limited solely for the use of the tenants of
the verified hardship and shall not be rented, leased or otherwise
occupied, if for any reason, the hardship or reason of necessity shall
cease to exist, said hardship residence shall be removed within thirty
(30) days.
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The temporary placement and use of a hardship residence may be renewed or
extended upon verification by the Planning Director that the hardship
continues to exist. Each application for a renewal or time extension
may be approved for a period of one (1) year and shall be submitted to the
Planning Director fifteen (15) days prior to the expiration date of the
previously approved hardship residence.
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Temporary Use of Camping Trailer, Recreation Vehicle, Mobile Homes:
A temporary use permit shall be permitted in any residential or
agricultural zoning district for the use of a camping trailer,
recreational vehicle, mobile home or manufactured home as a temporary
residence during the construction of a new residence or the rebuilding of
an existing residence subject to the following conditions:
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A building permit has been issued for the permanent residence.
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The temporary residence shall provide sanitation facilities subject to the
approval of the County Sanitarian.
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The applicant shall sign an affidavit for the placement of the temporary
mobile home, manufactured home, recreational vehicle, camping trailer or
any previously existing residence assuring the removal of said temporary
use within thirty (30) days and acknowledging that failure to remove such
use constitutes a zoning violation punishable by a fine not to exceed five
hundred dollars ($500.00) for each day of violation.
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The application for the placement and use of a temporary mobile home,
manufactured home, recreational trailer or camping trailer shall include a
performance bond in the amount of five thousand dollars ($5,000.00) to
ensure the removal of the temporary housing within the specified time
frame.
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Temporary Concrete/Asphalt Batch Plants: A
temporary use permit shall be permitted in any agricultural, commercial or
industrial zoning district for the temporary placement and use of a
concrete or asphalt batch plant when being used as a part of a local
constitution project. The permit shall be granted for a period of
one (1) year or the duration of the construction project, whichever is
less but may be renewed for a period not to exceed one (1) year.
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Firework Sales: A temporary use permit shall be permitted for the
sales of fireworks in any agricultural, commercial or industrial zoning
district. Such permits may include temporary stands, tents, display
tables and similar facilities provided any such facility complies with the
provisions of Section 24-1.01 of these Zoning Regulations. The
permit shall not exceed a period fourteen (14) days.
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Jackpot Rodeos/Roping Events/Outdoor Concerts or Musical Festivals:
A temporary use permit shall be permitted in any agricultural zoning
district for jackpot rodeos, roping events, outdoor concerts or music
festivals and similar activities. Such facilities shall comply with
the provisions of Section 24-1.01 of these Zoning Regulations. The
permit shall not exceed a period of more than two (2) days at any one
event and not more than six (6) events at any site during any calendar
year.
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Auctions: A temporary use permit shall be permitted in any zoning
district for outdoor auctions and estate sales. The permit shall not
exceed a period of more than three (3) days.
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Section 24-3 Accessory Uses Authorized
24-3.01 The following accessory uses are
permitted within the zoning districts specifically identified and subject to
the regulations prescribed for such uses:
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Off-street parking and loading spacing as regulated by Article 19 of these
regulations, including detached garages.
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Signs, when permitted by Article 20 of these regulations.
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Structures for storage incidental to a permitted use; provided, no such
structure that is an accessory to a dwelling shall exceed 400 square feet
in floor area in an R-3A, R-1, or MH-P District.
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Storage of major recreational equipment such as boats, camping, trailers
or recreational vehicles provided that they shall not be utilized for
living purposes, and when stored on a residential lot as personal property
of the occupant. Any such storage shall comply with the building
setbacks for the zoning district in which it is located.
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Fallout shelters provided that they shall not be used for any principle or
accessory use not permitted in the district.
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Private swimming pools and bathhouses, children's playhouses, statuary,
arbors, trellises, barbecue pits, flagpoles, fences, walls, and hedges.
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Restaurants, drugstores, gift shops, clubs, lounges and newsstands when
located in a permitted hotel or motel.
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Employee restaurants and cafeterias when located in a permitted commercial
or industrial building.
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Outdoor storage shall not be permitted as a accessory use in residential
districts except as temporary or seasonal activity.
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