380.030 Permit Required | Wood Village Development Code

380.030 Permit Required.

A. Seasonal, Special Events and Street Vendors. These types of uses occur only once in a calendar year and for no longer than a period of ninety (90) days. Applications for such temporary uses shall be processed pursuant to the Type II procedure under Section 520.100 and subject to the applicant paying the basic public hearing planning fee. The City may approve, approve with conditions or deny a temporary use permit. Approval shall be based on findings that all of the following criteria are satisfied:

(1) The use is permitted in the underlying land use district and does not violate any conditions of approval for the property (e.g., prior development permit approval);

(2) The applicant has proof of property owner’s permission to place the use on his/her property;

(3) There is adequate parking as required by ZDC Chapter 350, Parking and Loading;

(4) The use provides adequate vision clearance, as required by ZDC Chapter 730 and shall not obstruct pedestrian access on public streets;

(5) Ingress and egress are safe and adequate when combined with the other uses of the property, code access and circulation requirements;

(6) The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibration, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district; and

(7) The use is adequately served by sewer or a septic system and city water, as applicable. Public restrooms must be provided. The applicant shall be responsible for obtaining any related permits.

(8) The Planning Commission may make an exception to any requirement in this section upon finding there is an overriding public benefit to the exception (such a determination would require a Type III review).

(9) Signage for seasonal events may be reviewed as part of the Temporary Use Permit and must follow all requirements of ZDC Chapter 370, Signs.

B. Temporary Real Estate Sales Office, Model Home. Applications for such temporary uses shall be processed pursuant to the Type II procedure under Section 520.100 and subject to the applicant paying the basic public hearing planning fee. The City may approve, approve with conditions or deny a temporary use permit. If the reviewing authority finds there are significant negative impacts from the use or a change in circumstances in the area, the annual permit may be denied. Approval shall be based upon findings which demonstrate compliance with the criteria set forth in subsections (A)(1) through (8) of this section. In addition, approval shall be subject to the following additional criteria.

(a) The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is sold; and

(b) The property to be used for the temporary sales office shall not be permanently improved for that purpose; and

(c) This type of temporary use may be renewed annually by City staff, unless there are citizen complaints about the use in which case the permit must be renewed by the Planning Commission or Design Review Board; and

(d) Public restrooms must be provided; and

(e) All signs must comply with Section 370.020, Signs, General Provisions.

(a) The model house shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated; and

(b) The model house shall be designed as a permanent structure that meets all relevant requirements of this Code.

(d) All signs must comply with Section 370.020, Signs, General Provisions.

C. Temporary Building. Applications for temporary trailers or prefabricated buildings that are not regulated under subsection B of this section, other than construction trailers/offices, shall be processed pursuant to the Type II procedure under Section 520.100 and subject to the applicant paying the basic public hearing planning fee. The City may approve, approve with conditions or deny a temporary use permit. City staff may renew this type of temporary use annually, unless there are citizen complaints about the use in which case the renewal of the permit must be considered by the Planning Commission or Design Review Board. If the reviewing authority finds there are significant negative impacts from the use or a change in circumstances in the area, the annual permit may be denied. Approval shall be based upon findings which demonstrate compliance with the criteria set forth in subsections (A)(1) through (7) of this section. In addition, approval shall be subject to the following additional criteria:

(1) The temporary trailer or building shall be associated with the primary use on the property;

(2) The building complies with applicable building codes;

(3) The length of time that the temporary building will be used does not exceed twelve (12) months. When a temporary building exceeds this time frame, the applicant shall be required to remove the building, or receive City staff approval to annually renew the temporary use permit. The review authority may revoke a permit or deny renewal if it is found that there are significant negative impacts from the use or there is a change in circumstances in the area;

(4) All signs must comply with Section 370.020, Signs, General Provisions. (Ord. 4-2020 § 1 (Att. A))