1. Zoning district regulations established elsewhere in this section specify that certain buildings, structures and uses of land may be allowed as temporary uses in a given district subject to the provisions of this section and to requirements set forth in district regulations. The Zoning Administrator is empowered to grant applications for temporary use permits. The Zoning Administrator may impose reasonable conditions upon such temporary use permits.

2. Any building, structure or use, which existed in conformance to all applicable laws and ordinances on the effective date of the ordinance codified in this section, which is reclassified as a temporary use by this section for the district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by this section. The continuance of such building or use shall not be subject to issuance of a temporary use permit; provided, however, to the extent that such use fails to conform to the requirements of this section, it shall be considered nonconforming as described in Section 4.01, and its continuance shall be governed by all nonconforming use regulations applicable thereto.

3. Every temporary use permit issued shall be applicable only to the specific use and to the specific property for which it is issued. Upon completion and final inspection by the Zoning Administrator of any authorized structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the temporary use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this section, shall become the responsibility of the property owner.

1. It is the express intent of this section that any use for which a temporary use permit is required shall be permitted in the particular zoning district; provided, that all special conditions and requirements of this section are met. Therefore, the action of the staff shall be one of approval if the applicant agrees to conform to all applicable regulations and the conditions placed upon the permit by the staff. If there is any objection to the temporary use permit application or to the conditions stipulated by staff, the matter shall be appealed to the Town Council. The Town Council shall determine if the temporary use permit is to be granted based upon its judgment as to whether the specified conditions have been or will be met; and whether such use can be compatible with the neighborhood and area where it is located. The staff and Council shall consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties.

2. Reserved

3. Objections to the issuance of a temporary use permit shall be in writing. Such objections shall state the reason(s) for the objection and protest. The written objection must also contain the name, address, telephone number, and signature of the objector.

4. If there is a written objection received within ten (10) days of the commencement of the use allowed by the temporary use permit, the Zoning Administrator shall suspend the temporary use permit until Council renders a decision. The Council shall consider the application at the first regular meeting held not less than fifteen (15) days after receipt of said protest. At this meeting, the Council may render a decision on the matter or continue the matter to a specified date (but not later than the next regularly scheduled meeting).

5. In order to grant an appealed temporary use permit, the findings of the Council must be that the establishment, maintenance, or operation of the use applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town.

6. The Council may designate such conditions in connection with the temporary use permit, as it deems appropriate to secure the intent and purposes of this section and may require such guarantees and evidence that the applicant will comply with the conditions placed upon the temporary use permit.

1. Temporary use permits become effective the day of issue.

2. If any written protest is received, a temporary use permit is suspended and becomes effective either the day after the Council's approval if no conditions for operation are outstanding; or, the day after any outstanding conditions are met.

3. A time limitation for temporary use permits shall be made at the time of issuance. At no time shall a temporary use permit be granted for more than two (2) years. In no case, shall a termination date of a temporary use permit be automatically extended as a result of a delay on the applicant's part to comply with the conditions stipulated in the temporary use permit or in securing a building permit.

4. A building permit for the construction of any improvements allowed by any temporary use permit issued by the staff or Council shall be secured within six (6) months from the date of approval. Any lapsing of the building permit prior to completion of the improvements will cause the temporary use permit to become null and void. Prior to the termination of this time limit, the staff or Council (whichever issued the temporary use permit) may reconsider said temporary use permit to determine if the permit should be reissued for an additional time period or be terminated.

5. No person shall reapply for the same or substantially the same temporary use permit on the same or substantially the same plot, lot, or parcel of land within a period of one (1) year from the date of denial of said temporary use permit.

1. Temporary use permits granted in accordance with the provisions of this section may be revoked by the Zoning Administrator, if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith. The Zoning Administrator shall notify the permit holder of a violation of a temporary use permit, in writing. If the violation is not remedied or the remedy is not substantially begun in the opinion of the Zoning Administrator within ten (10) days after notification, the owner/tenant shall be notified that the temporary use permit is revoked.

2. Any temporary use permit shall be considered null and void if construction does not substantially conform to the originally approved site plan. Minor deviations from the originally approved site plan may be approved by the Zoning Administrator. Any requests for major deviations from the originally approved site plan shall be processed as a new temporary use permit.