§ 265-1102 TEMPORARY USES.

§ 265-1102 TEMPORARY USES.

1. No person shall conduct or allow to be conducted any temporary outdoor activity as defined in Article II (including those specifically listed herein) without first obtaining a temporary use permit therefore, where required, in compliance with the terms of this Article.
2. A signed application on a form furnished by the municipality shall be filed with the Zoning Officer ten (10) working days prior to the commencement of the temporary outdoor activity.
3. All temporary outdoor activities shall require review and approval by the Zoning Officer or Borough Manager and issuance of a Temporary Use Permit including the following:
   1. Seasonal sale of produce whether from a portable stand or sectional display unit wherein items are displayed;
   2. The sale of trees or shrubbery for seasonal events;
   3. The periodic sale of crafts such as leather goods, furniture or art from a vehicle;
   4. The sale of special event T-shirts, clothing items, or sports related items from a vehicle;
   5. Multi-day, multi-family yard sales, estate sales and auctions;
   6. Sidewalk sales and other similar activities, which shall be permitted only in commercially zoned areas and only for a maximum of seven consecutive days, limited to three (3) per year;
   7. Temporary structures and construction
   8. Carnivals;
   9. Circuses;
   10. Assemblies;
   11. Marathons, bicycle races or road rallies;
   12. Antique car shows or
   13. Still or Motion pictures made by any analog or digital recording device.
4. Conditions for All Temporary Use Permits:
   1. All temporary uses shall be compatible with other uses permitted in the zoning district in which the use is proposed. Yard sales in residential zoning district shall be considered compatible only when the activity is conducted so as to minimize its impact on surrounding properties.
   2. Temporary uses operating within parking lots shall not result in a deficient number of spaces as required by this Chapter for those establishments to which the parking lot is an accessory use.
   3. The temporary use shall not involve the construction or alteration of any permanent structure.
   4. If the use involves the construction or placement of a temporary structure, the structure shall be removed within forty-eight (48) hours of the expiration of the designated time period for the approved temporary use or upon the completion of the construction project for which it is erected.
   5. The temporary use shall not involve the creation of any nuisance to adjoining properties or public or private road, including excessive noise, odors, glare or vibrations. Items which will be considered in making this determination will be:  projected hours of operations; volume of traffic; available parking, projected traffic patterns; and type of activity.
   6. No person shall, in order to promote the sale or promotion of any goods, wares, merchandise or services, or in connection with any trade or business operate from any premises, building, vehicle or on any street any horn, bell, chimes, loudspeaker or any other sound device. The display of obscene signs or operation of adult uses is expressly prohibited.
5. Except for sidewalk sales and temporary structures and construction trailers, the temporary use permit shall be issued for a period of twenty-one (21) days.  Any temporary use permit may contain conditions which the Zoning Officer or Borough Manager may deem necessary to minimize inconvenience to the public.  Such conditions may include, but are not limited to, the hours during which the temporary outdoor activity may operate and the duration of said activity and traffic safety measures. Further, the Zoning Officer or Borough Manager may require the applicant to make arrangements with the Police Department of the municipality for traffic and crowd control.  All costs for said control measures shall be borne entirely by the applicant.  Violation of the conditions of the permit shall render the permit null and void, constitute a violation of this Article and subject the applicant to the penalties provided for in this Ordinance.
6. Upon application, the Zoning Officer may renew and extend the permit for a period of not more than seven (7) days.  One (1) temporary use permit and one (1) renewal may be issued in any one (1) twelve (12) month period, except as otherwise specified.  No extension is permitted for a sidewalk sale.  The permit shall be maintained on the property where the subject temporary outdoor activity is conducted at all times and shall be available on demand for inspection and review by any municipal official, representative or employee.
7. Temporary Structures and Construction Trailers:  The Zoning Officer shall issue a temporary use permit for occupancy of temporary structures only when they are incidental to permitted nonresidential uses, such as outdoor display or sales areas, or construction trailers, sales offices or other temporary business offices to be maintained during construction of any permanent structure or structures for which a zoning/building permit has been issued, provided that all of the following requirements have been met:
   1. Temporary use permits for temporary structures as herein defined shall be granted for a period of not to exceed twelve (12) months.
   2. The temporary use permit for temporary structures shall be canceled upon written notice by the Zoning Officer or a designated agent of Tarentum Borough, if construction of the permanent structure is not diligently pursued or if the existing use is discontinued.
   3. All temporary structures shall be located at least twenty feet (20′) from any property lines.
   4. All temporary structures which are proposed to be accessible to the public shall be located at least one hundred feet (100′) from any construction entrance or from the foundation of any structures which is under construction.
   5. Vehicular access to all temporary structures which are proposed to be accessible to the public shall be designed to ensure pedestrian safety.
8. The construction of said temporary structure shall comply with the Pennsylvania Uniform Construction Code and all other local, state, and federal laws and regulations.