The purpose of this article is to ensure that buildings and
proposed uses of buildings and structures comply with the provisions
of this chapter prior to the issuance of any building permit or other
development-related certificates, approvals, or permits.
See Chapter 170, Subdivision and Land Development.
A.
When required:
(1)
Whenever a building or structure is erected, moved, added to,
structurally altered.
(2)
Whenever there is a change in use of any building or structure.
(3)
In conjunction with the approval of development plans and prior to the recording of plats pursuant to Chapter 170, Subdivision and Land Development, of the Code of the City of Lewes.
(4)
In conjunction with excavation permits.
(5)
In conjunction with issuance of building permits.
(6)
In conjunction with issuance of a certificate of occupancy.
[Amended 9-10-2018]
B.
Temporary zoning compliance. The Building Official may issue a temporary
zoning compliance report in conjunction with the issuance of a temporary
certificate of occupancy as defined in this article.
[Amended 9-10-2018; 2-14-2022]
A.
When required. A temporary use permit is required for every temporary
use permitted in this chapter prior to commencement of the use.
B.
Procedure for obtaining a temporary-use permit.
[Amended 2-14-2022]
(1)
An application for a temporary use permit shall be filed with
the City Planner.
(2)
The City Planner may provide forms to expedite the processing
of applications.
(3)
The City Planner shall refer each temporary use permit application
to the Mayor and City Council as soon as practicable after receiving
all information needed for the Mayor and City Council to evaluate
the application.
C.
Criteria for issuing a temporary use permit. The Mayor and City Council
shall determine whether each temporary use permit application meets
the following criteria:
(1)
The operation of the requested use at the location proposed
and within the time period specified will not jeopardize, endanger
or otherwise constitute a menace to the public health, safety or general
welfare.
(2)
The proposed site is adequate in size and shape to accommodate
the temporary use.
(3)
The proposed site is adequately served by streets or highways
having sufficient width and improvements to accommodate the kind and
quantity of traffic that such temporary use will or could reasonably
generate.
(4)
Adequate temporary parking to accommodate vehicular traffic
to be generated by such use will be available either on site or at
alternate locations acceptable to the Building Official.
(5)
The use would not jeopardize the public peace, safety or general
welfare or be injurious or detrimental to properties adjacent to,
or in the vicinity of, the proposed location of the activity.
D.
Conditions for approval. The Mayor and City Council may impose the
following conditions on the issuance of a temporary use permit as
appropriate:
(1)
Provision of temporary parking facilities, including vehicular
access and egress.
(2)
Regulations to deal with nuisance factors such as, but not limited
to, the prevention of glare or direct illumination of adjacent properties,
noise, vibrations, smoke, dust, dirt, odors, gases, and heat.
(3)
Regulation of temporary buildings, structures and facilities,
including placement, height and size, location of equipment and open
spaces, including buffer areas and other yards.
(4)
Provision for sanitary and medical facilities.
(5)
Provision for solid waste collection and disposal.
(6)
Provisions for security and safety measures.
(7)
Regulation of signs.
(8)
Regulation of operating hours and days, including limitation
of the duration of the temporary use to a shorter time period than
that requested.
(9)
Submission of a performance bond or other surety devices to
ensure that any temporary facilities or structures used for such proposed
temporary use will be removed from the site within a reasonable time
following the event and that the property will be restored to its
former condition.
(10)
Evidence of sufficient insurance coverage for the proposed use.
(11)
Submission of a site plan indicating any information required
by this chapter.
(12)
Requirement that the approval of the temporary use permit is
contingent upon compliance with applicable provisions of other ordinances.
(13)
Such other conditions which will ensure the operation of the
proposed temporary use in an orderly and efficient manner and in accord
with the intent and purpose of this chapter.
