§ 7.03.00. Temporary structures and uses.

This section provides for temporary structures and uses during construction and for temporary uses and structures during special events.

7.03.01.

Temporary structures and uses during construction. A temporary building or use in connection with a construction project or land subdivision development shall be permitted on the land of the project during the construction period. The following standards shall be met by temporary uses established during construction or land subdivision:

A.

A building permit shall be required as set forth in appendix B [of this ULDC];

B.

Timeframe to utilize temporary structure.

1.

Temporary structures related to a subdivision development shall be removed when eighty (80) percent of all lots are occupied by completed homes or within four (4) years of the issuance of the permit, whichever occurs first.

2.

The Henry County Building Official or his/her authorized designee, upon written request by the owner including the reason for the request and an updated account of completed houses within the subdivision, may issue a one-time, one (1) year extension of completion time for cause beyond the original compliance/completion period, in accordance with section 7.03.01.B.1. Approval will be based upon, but not limited to, current maintenance and aesthetics of the temporary structure and property, and verification that all required erosion control measures are in place. Applicants shall apply for the one-time extension within thirty (30) business days of the expired date of the temporary structure permit. Granted or denied extensions of compliance/completion period shall be in writing and signed by the building official or his authorized designee, within ten (10) business days. All extension approvals will be subject to a fifty-dollar renewal fee. Permission for a greater extension of time beyond the one[-year] period may be granted only by the Henry County Board of Commissioners in regular public session. An application to appear before the board of commissioners shall be on forms provided by the Henry County Building Department and shall be accompanied by a fee of three hundred dollars ($300.00).

C.

Temporary offices may be located on a construction site to be used for administrative functions during construction. Temporary construction offices may have the name of the construction company printed on a permanently affixed sign on the outside of the building. Such sign shall be a maximum of four (4) feet by eight (8) feet. In addition, the proposed construction building shall meet tie-down requirements for mobile structures, and have a contract for sewage pump-out. Construction buildings shall be removed within thirty (30) days of completion of the construction site for which they are permitted;

D.

On-site outdoor storage of equipment and construction materials shall be allowed during the period of construction;

E.

Portable toilet facilities shall be allowed;

F.

Construction and demolition debris dumpsters are allowable and are not required to be screened;

G.

A temporary office which meets parking, handicapped and landscape requirements shall be allowed. A temporary office may be used for sales functions or sales offices, allowing for the sale, resale, or marketing of dwellings, structures, or property within the development in which it is located, or adjacent developments under the same control; and

H.

On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects shall be allowed.

7.03.02.

Portable or mobile restaurants and food services, temporary outdoor sales (transient merchant), and sidewalk sales.

A.

Applicability. Mobile food services, portable restaurants, temporary outdoor sales, and sidewalk sales are permissible in the following zoning districts MU, C-1, C-2, C-3, IAC, M-1, M-2. Portable restaurants shall be inspected and approved by the Henry County Environmental Health Department prior to obtaining a business license. All structures pertaining to this section shall remain portable. These temporary uses are permissible on vacant lots or on lots containing a business in accordance with the standards of this section.

B.

The applicant shall have written permission of the property owner and all business owners on the lot to conduct retail sales.

C.

The applicant shall possess a valid occupational license.

D.

No temporary use shall be located within:

1.

The public right-of-way;

2.

Any required setback area, including required parking area, or required buffer area;

3.

Any driveway or access way, or in such a manner as to block a driveway or access way; or

4.

Any designated fire lane or in such a manner as to block a fire lane;

E.

Transient merchants shall provide parking spaces:

1.

Parking spaces shall be provided in addition to any required parking serving an established use on the lot.

2.

One (1) additional parking space shall be provided for every two hundred (200) square feet of display area.

3.

Handicapped parking and access shall be provided according to section 8.02.06.

F.

Roadside vendor signs shall only be permitted according to subsection 12.02.06.C., regarding temporary signs.

G.

Certificate of organization from the Secretary of State of Georgia shall be required.

H.

Electrical service from the primary structure only. Separate service is not allowed.

7.03.03.

Special events. Special events may include carnivals, fairs, festivals, seasonal sales, or other periodic events of a temporary nature. (Specific requirements for special events involving a seating capacity of at least ten thousand (10,000) persons are contained in the Henry County Code of Ordinances, section 3-15-1.) Such events are typically outdoors.

A.

The following standards apply to carnivals, fairs, festivals, and similar events and activities:

1.

A permit is required according to the procedures set forth in section 12.02.06 subject to state regulations and the county fire code;

2.

The applicant shall ensure the provision of adequate sanitation facilities, sewage disposal, garbage and refuse disposal, potable water supply, and food service during the special event;

3.

The site shall have floodlighting for the special event and parking areas, if any activities are to be offered during darkness. Lighting shall be shielded and directed to avoid direct illumination of adjacent properties;

4.

The site shall have adequate parking facilities. Parking may be on-site or off-site. Where off-site parking is provided, there shall be adequate plans for transporting or conducting patrons from the parking facilities to the special event area;

5.

The applicant shall provide an adequate plan for traffic control and security in and around the special event area; and

6.

All stages, booths, tents, scaffoldings, or structures of any nature on, under, or within which persons may congregate, shall conform to applicable building, health, and other construction codes.

B.

The following standards apply to seasonal sales:

1.

A temporary use permit is required according to the procedures set forth in section 12.02.06.

2.

The area devoted to seasonal sales shall not be located on any designated setbacks, buffers, parking spaces, parking lot aisles, driveways, fire lanes, or other traffic circulation areas.

3.

Goods, tents, equipment, or materials used for the seasonal sales activity shall not be located within any right-of-way.

4.

Designated parking spaces shall be provided to support the seasonal sales activity.

5.

The applicant shall ensure the provision of adequate garbage and refuse disposal.

6.

The applicant shall demonstrate conformance with all applicable building, health, and other federal, state, or local laws.

(Ord. No. 10-13, § I, 10-18-10)