A. Permits Required.

A Temporary Use, Structure or Building which is in compliance with the provisions of this Article, shall be allowed in any District. A Temporary Use, Structure or Building which will be converted into a permanent Primary or Accessory Use after the cessation of the Temporary Use shall be required to obtain an Improvement Location Permit prior the establishment of the use or the construction of any Structure or Building. A Temporary Use, Structure or Building which will be removed from the site upon cessation of the Temporary Use shall be exempt from the requirements of this Ordinance to obtain an Improvement Location Permit.

B. Permitted Temporary Uses, Structures and Buildings.

By way of example only, permitted Temporary Uses, Structures and Buildings include: construction trailers, sales offices, Garage Sales and Seasonal Retail Sales.

C. Duration.

Except as specifically provided otherwise in this Article 4.2, a Temporary Use, Structure or Building shall be permitted for a period not to exceed one (1) year. Except as specifically provided otherwise in this Article 4.2, the temporary Improvement Location Permit, if required, may be renewed for an additional one (1) year period by the Director upon showing of good cause.

D. Compliance with Development Standards.

Any Temporary Use, Structure or Building shall comply with all applicable Development Standards and Setback requirements in the District in which the Temporary Use, Structure or Building is located.

E. Cessation of Use.

All Structures, Buildings or debris associated with the Temporary Use shall be removed from the site immediately upon completion or cessation of the Temporary Use or expiration of the time period set forth above.

F. Additional Regulations for Garage Sales / Yard Sales.

Not withstanding any regulations above to the contrary, a Garage Sale may be conducted only on a premises located within an AG, RR, R-1, R-2, R-3, R-4, R-5, R-6 or PUD District and shall be subject to the following additional regulations:

1. A Garage Sale may be conducted two (2) times each calendar year and shall not exceed three (3) consecutive days in duration;

2. A Garage Sale shall only be conducted during the hours from sunrise to sunset;

3. All personal property exhibited outdoors during a Garage Sale shall be placed within a Building or Structure or otherwise removed from the premises immediately following the end of the Garage Sale;

4. No Garage Sale shall occur unless a permit therefore has been obtained from the Clerk-Treasurer of the Town of Plainfield. All Garage Sale Permit Applications shall include the name of the owner(s) involved in the Garage Sale, the address(s) of the Garage Sale and the date(s) of the Garage Sale. If an application for a Garage Sale Permit indicates compliance with the provisions of this Article, a Garage Sale Permit shall be issued.

5. The Garage Sale Permit shall be clearly displayed on the premises of the Garage Sale for the complete duration of the Garage Sale.

6. Garage Sale Signs shall comply with the applicable provisions of Article VII.

7. Nothing in this Article shall be construed to prohibit one (1) or more owners from conducting a combined Garage Sale on one (1) of the premises owned by the participants, provided that all other provisions of this Article are complied with.

G. Additional Regulations for Temporary Seasonal Retail Sales Uses.

Any temporary Seasonal Retail Sales use, Structure or Building shall also comply with the following regulations:

1. The use or Structure shall comply with all Setback requirements for a Primary Building on the site;

2. A minimum of three (3) Off-Street Parking Spaces shall be provided on-site for the temporary Seasonal Retail Sales use;

3. The location of the temporary Seasonal Retail Sales use and its required amount of Parking Spaces shall not interfere with any required Parking Spaces or safe and efficient flow of vehicular and pedestrian traffic around the Parking Area for the permanent Primary Use of the site;

4. Signs for the temporary Seasonal Retail Sales shall comply with the provisions of the Sign Regulations for either Freestanding Identification Signs for a Single Use Site or Freestanding Identification Signs for Out Lots in an Integrated Center, whichever is applicable, and for Building Identification Signs; and,

5. One temporary Seasonal Retail Sales use may be allowed on a parcel or Lot once a year;

6. Temporary Seasonal Retails Sales uses shall be inspected every two (2) weeks for compliance with standards of this Article. If the Director finds that the temporary Seasonal Retail Sales use is not in compliance, the temporary Seasonal Retail Sales use shall be terminated; and,

7. Not withstanding the provisions above to the contrary, Seasonal Retail Sales uses shall not exceed sixty (60) continuous days in duration per calendar year.

H. Mobile Classrooms.

Mobile classrooms shall only be permitted as a Temporary Use in compliance with the following requirements:

1. Mobile classrooms shall be for use by a Religious Use or school.

2. Mobile classrooms shall be permitted by the grant of a special exception by the Board of Zoning Appeals.

3. Applicants for a special exception shall submit a site plan in compliance with the provisions of Article 5.7 of this Ordinance at the time of filing a petition for special exception.

4. Special exceptions for mobile classrooms shall be conditioned upon the applicant making progress towards accomplishing the goals of development indicated the site plan within a reasonable period of time as established by the Board of Zoning Appeals.

5. Special exceptions for mobile classrooms shall be reviewed annually by the Board of Zoning Appeals to determine if the applicant is making progress towards accomplishing the goals of development indicated on the site plan.

I. Temporary Sales Trailers and Model Homes for Residential Subdivisions.

1. Sales Trailers for Residential Subdivisions are allowed subject to the following standards:

a. Prior to installation of the sales trailer, a Temporary Improvement Location Permit and a Construction Trailer Permit must be issued.

b. Must be located on a Lot in the development in which the homes are for sale.

c. The Street providing access to the sales trailer shall be paved.

d. The sales trailer must have Level 1 foundation landscaping on all sides.

e. At least four (4) Off-Street Parking Spaces shall be provided on a paved or gravel surface.

f. All Signs shall comply with the Temporary Sign standards of Article VII.

g. Hours of operation shall be between 7:00 a.m. and 9:00 p.m. daily.

h. Shall be located near a fully functional and operational fire hydrant that complies with the Fire Prevention Code.

i. i. All exterior lighting shall be limited to typical household exterior lighting. The use of ground mounted floodlights and search lights are prohibited.

2. Model homes with or without a sales office are allowed subject to the following standards:

a. Prior to construction, a building permit and Improvement Location Permit (ILP), if required, shall be issued.

b. Must be located on a Lot in the development in which the homes are for sale.

c. The Street providing access to the model home shall be paved.

d. The model home must have Level 1 foundation landscaping along the front and side elevations.

e. At least two (2) Off-Street Parking Spaces shall be provided on a paved or concrete surface.

f. Shall be located within two-hundred, fifty (250) feet of a fully functional and operational fire hydrant.

g. All Signs shall comply with the Temporary Sign standards of Article VII.

h. Hours of operation shall be between 7:00 a.m. and 9:00 p.m. daily.

i. All exterior lighting shall be limited to typical household exterior lighting. The use of ground mounted floodlights and search lights are prohibited.

j. At least one model home shall be the highest model/line offered for that section/phase of the development.

K. Temporary Storage Units in All Districts:

1. Shall be located on the site or Lot of the Primary Use for which the temporary storage is required.

2. Shall not be located within any required Front, Side or Rear Yard, Setback or Bufferyard.

3. Shall not be located within any Public Right-of-Way or block a public sidewalk.

4. Shall be located on an impervious surface such as a driveway or an Off-Street Parking Area.

5. Under no circumstances shall more than one (1) temporary storage unit be allowed on the site or Lot at any time.

6. Shall not exceed thirty (30) consecutive days in duration per Primary Use per calendar year unless the duration is extended by the Director.

L. Temporary Tent Sales in the GC General Commercial District.

1. Temporary tent sales may be allowed twice a year with each sale not exceeding fourteen (14) consecutive days in duration.

2. Tents used for temporary tent sales may not exceed twelve hundred (1,200) square feet.

3. Tents shall not be located in any required Front, Side or Rear Setback, Yard or Bufferyard.

4. Tents shall be on an impervious surface such as asphalt or concrete.

5. The site must comply with all Off-Street Parking requirements for the Primary Use.

6. The temporary tent sale must be ancillary to the Primary Use.

7. A temporary Improvement Location Permit shall be issued by the Director prior to commencement of the temporary tent sale.

8. Additional Signs such as banners, flags, pennants, streamers, wind signs, balloons and search lights may be used. If any such additional Signs are used, a Sign plan for the temporary tent sale must be approved by the Director.

9. Tents must be made of a non-flammable material.

10. Tents, canopies and other membrane structures must comply with the Town of Plainfield Fire Prevention Code.

11. At least one fire extinguisher that complies with the Plainfield Fire Prevention Code must be located in the tent.

Amended: Ord. No. 51-2005 & 28-2008