A temporary use permit shall be required prior to the initiation
of an authorized temporary use or structure, land or water body and
shall meet the following requirements:
A. Approvals required.
(1) Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining approval of a use by special exception from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of §§
675-58 through
675-64 as a condition precedent to obtaining the temporary use permit under this section.
(2) Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail business with the permission of the landowner for a period of not more than 72 consecutive hours shall be exempt from obtaining a temporary use permit. Any such activity which exceeds 72 consecutive hours in duration shall be subject to approval by the Zoning Officer or a temporary use permit under this section, provided the Zoning Officer also determines compliance with all applicable standards of §§
675-58 through
675-64.
(3) Temporary construction trailers, model homes or sales offices shall
be subject to approval of a temporary use permit under this section,
provided the Zoning Officer determines compliance with Section 1507.
(4) All other temporary uses shall be subject to approval by the Zoning Hearing Board of a use by special exception in accordance with the criteria of §§
675-58 through
675-64 as a condition precedent to obtaining a temporary use permit from the Zoning Officer under this section.
B. Application for temporary use permit. All requests for temporary
use permits shall be made in writing on a form furnished by the Township
and shall include a full description of the type of use for which
such permit is being sought and the dates during which this use shall
be in existence.
(1) It shall be the duty of the Zoning Officer to review the application
for compliance, request more information of the applicant or officially
receive the application.
(2) Unless such requirement is waived by the Board of Commissioners, all applications for a temporary use permit shall be accompanied by a fee, to be based upon the fee schedule adopted by the Township, as provided for in §
675-71 of this chapter.
(3) Any temporary use permit that requires approval of a use by special exception by the Zoning Hearing Board in accordance with the express standards and criteria of §§
675-58 through
675-64 shall not be issued until the favorable decision of the Zoning Hearing Board is received.
C. Issuance of temporary use permit. Applications for a temporary use
permit shall be reviewed by the Zoning Officer. The Zoning Officer
shall issue approval or denial of the temporary use permit.
(1) Upon approval of the request for a temporary use permit, one copy
of the permit shall be given to the applicant. The copy of the permit
must be publicly displayed at the site of the temporary use during
the existence of the use. One copy of the permit shall be kept on
file in the Township office.
D. Denial of temporary use permit. In the event of denial, the Zoning
Officer shall forward to the applicant a written statement containing
the reason(s) for such denial and shall cite the specific requirements
of this chapter that have not been met.
E. Time limitations. temporary use permits are valid for the time period(s) specified in this chapter or in the decision of the Zoning Hearing Board, if approved under §§
675-58 through
675-64.
F. Inspections.
(1) The Zoning Officer, or his fully appointed representative, may make
an inspection of the property on which such temporary use is to be
located to determine the suitability of the site for the use. This
inspection shall be made prior to issuing a permit, prior to the initiation
of the use or in the event a renewal of the permit is requested during
the time the use is in existence.
(2) In the event of such inspection, a record shall be made indicating
the time and date of inspection; the findings of the Zoning Officer
in regard to the conformance with this chapter and other Township
ordinances; and the opinion of the Zoning Officer in regard to the
suitability of the site for this use.
G. Failure to obtain a temporary use permit. Failure to obtain a temporary
use permit shall be a violation of this chapter and shall be subject
to enforcement remedies as provided in this chapter.
The Board of Commissioners shall establish, from time to time,
fees and charges for all permits and applications required by this
chapter. This schedule, along with an explanation of the collection
procedure, shall be posted in the offices of the Township Secretary.
The filing fee paid by a party to an appeal of an enforcement notice
to the Zoning Hearing Board shall be returned to the appealing party
by the municipality if the Zoning Hearing Board or any court in a
subsequent appeal rules in the appealing party's favor. All fees and
charges shall be adopted by resolution of the Board of Commissioners
at any regular or special meeting.
Zoning appeals to court shall follow procedures prescribed in
Article XI of the Pennsylvania Municipalities Planning Code.