§ 3-15. Temporary uses.

3-15.1. Permit required.

The zoning administrator is authorized to issue a permit for temporary uses as specified herein. No temporary use may be established without receiving such permit.

Temporary use permits may be renewed no more than twice within one calendar year, separated at not less than 60 day intervals, provided that said use will not create traffic congestion or constitute a nuisance to surrounding uses. Any temporary use that is determined to be creating a nuisance or disruption may have its temporary permit revoked by the zoning administrator.

3-15.2. Type and location.

The following temporary use and no others may be permitted by the zoning administrator, subject to the conditions herein.

(1)

Religious meetings in a tent or other temporary structure in the CG district for a period not to exceed 30 days.

(2)

Open lot sales of live plants and plant accessories, produce, and Christmas trees in the CN and CG districts for a period not to exceed 45 days.

(3)

Contractor's office and equipment shed, in any district, for a period covering construction phase of a project not to exceed one year unless re-permitted; provided that such office be placed on the property to which it is appurtenant.

(4)

Portable classrooms in any district for cultural or community facilities, educational facilities or religious complexes, for an indefinite period provided all required setbacks for the district in which the structures are to be located shall be observed and maintained.

(5)

Temporary office trailers in any commercial or industrial district where the principal building is being expanded, rebuilt, or remodeled for the conduct of an existing business while the principal building is under construction.

(6)

Portable free-standing fireworks stands and dispensaries not to exceed 30 days before a major holiday, i.e., New Year's, Fourth of July; provided such establishments are approved by the fire department.

(7)

Fairs and carnivals in the CG and the LM districts sponsored by domiciled eleemosynary institutions.

(8)

Except as otherwise permitted by the zoning administrator, portable storage facilities shall be permitted in any district not to exceed 30 days; provided not more than one such facility shall be allowed at one time and said facility shall not be located in any required setback area or the public right-of-way. Applicable sign regulations notwithstanding, leasing information may be displayed on the storage facilities.

(9)

Tractor trailers in the CN, CG, and LM districts shall be governed by rules for portable storage structures in section 3-15. In the FA district shipping and cargo containers, tractor trailers and like items shall be allowed when "actively" used in legitimate farming operations. Should it become necessary, the town may add locational and screening requirements in the FA districts.

3-15.3. Removal.

Temporary uses and structures from which temporary uses are operated shall be removed from the site within seven days after the temporary permit has expired. Failure to do so shall be a violation of this ordinance and punished in accord with section 8.6.

3-15.4. Off-street parking.

Unless specified by table I for a specific use, a minimum of five off-street parking spaces shall be required, and ingress/egress areas shall be clearly marked.

(Ord. No. 05-04, 7-19-2005; Ord. No. 06-04, 4-18-2006)

Cross reference— Stopping, standing and parking, § 30-71 et seq.

3-15.5. Large-scale retail projects.

(a)

Applicability. The standards of this section shall apply to all large-scale retail projects of over 50,000 square feet, including their expansion and redevelopment.

(b)

Review procedures.

(1)

Expansion to an existing large-scale retail project of 25 or less percent in floor area shall be reviewed for approval by the zoning administrator and shall conform to the standards of this section to the extent feasible and appropriate.

(2)

Expansion to an existing large-scale retail project of over 25 percent in floor area shall be reviewed as a major land development in accordance with appendix B, section 2.6-4 and shall conform to the standards of this section to the extent feasible and appropriate.

(3)

Any addition to a building which would result in a large retail establishment and which would increase the floor area of such building over 25 percent shall be reviewed as a major land development and reviewed in accordance with appendix B, section 2.6-4 and shall conform to the standards of this section to the extent feasible and appropriate.

(c)

Parking lots. In order to reduce the scale of parking areas, no single parking area shall exceed 200 spaces unless divided into two or more sub-areas separated from each other by landscaping or buffering approved by the zoning administrator upon recommendation of the planning commission. Safe and clearly defined pedestrian walkways, leading to store entrances, must be provided within large parking lots.

(d)

Pedestrian circulation.

(1)

Walkways, no less than six feet in width, shall be provided along any facade abutting public parking areas. Such walkways shall be located an average of six feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades, display windows, planters or entryways are part of the facade.

(2)

All internal pedestrian walkways that cross parking aisles or driveways shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks, scored concrete or scored and painted asphalt to enhance pedestrian safety and comfort. Raised walkways may be installed if elevated six inches with tapered side slopes and meet ADA standards.

(e)

Buffering, landscaping, tree protection and screening. The buffering, landscaping, tree protection and screening standards of article IV shall apply.

(f)

Building design. The following standards shall apply to all building facades and exterior walls that are visible from adjoining streets or properties.

(1)

A wall surface longer than 100 feet shall have one or more features along no less than 60 percent of their horizontal length such as:

a.

Variations in roof form and parapet heights;

b.

Incorporating clearly pronounced recesses and projections;

c.

Introducing wall plane off-sets (dimension established by building module);

d.

Use of other reveals and projections and subtle changes in texture and color of wall surfaces;

e.

Use of deep set windows with mullions;

f.

Use of ground level arcades and second floor galleries/balconies; or

g.

Other techniques that reduce apparent mass of a building.

(2)

Buildings shall have architectural features fully concealing rooftop equipment, such as HVAC units from public view.

(3)

Each building shall have a clearly defined, highly visible customer entrance(s) featuring at least three of the following elements such as:

a.

Canopies or porticos;

b.

Overhangs;

c.

Recesses/projections;

d.

Arcades;

e.

Raised corniced parapets over the door;

f.

Peaked roof forms;

g.

Arches;

h.

Outdoor patios;

i.

Display windows;

j.

Architectural details such as tile work and moldings which are integrated into the building structure and design; or

k.

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

(4)

Facade materials.

Predominant exterior building materials shall be high-quality materials, including but are not limited to:

a.

Brick;

b.

Wood;

c.

Natural stone, cut stone, field stone, cast stone;

d.

Glass;

e.

Stucco; and

f.

Exterior insulation and finish systems (EIFS) or equivalent product when 36 inches above grade;

g.

Cement fiber board.

The planning commission may approve:

a.

Prefabricated metal panels;

b.

Colored, fluted and textured concrete block;

c.

Tilt-up masonry panels; or

d.

Newly developed materials.

(Ord. No. 07-38, 2-19-2008)