1. Accessory Outdoor Retail Sales.
Other than is permitted by
§ 27-8073, a commercial lot may be used for additional outdoor commercial retail sales only if:
A. The operator is granted any business permits required by the Borough;
B. No required off-street parking spaces are obstructed; and,
C. Signs visible from a public street comply with this chapter.
2. Temporary Uses by Special Exception.
For temporary structures or uses that are not specifically permitted by right by this chapter, and other than those uses that were lawfully occurring on a periodic basis prior to the adoption of this chapter, a temporary permit may be issued by the Zoning Hearing Board as a special exception for structures or uses subject to the following additional provisions:
A. Duration.
The Zoning Hearing Board shall establish a limit on the duration of the use. In the case of a special event, except under special circumstances, this should be a maximum of six days in any sixty-day period. The Zoning Hearing Board may grant a single approval once for numerous occurrences of an event.
B. Statement from Owner.
The applicant shall present a statement from the owner of record of the land accepting responsibility to ensure that the use or structure is removed once the permit expires.
C. Removal.
Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough. If the structure or use is not removed in a timely fashion after proper notification, the Borough may remove the use or structure at the cost of the person who owns the land upon which the structure or use is located.
D. Conditions.
The temporary use or structure shall: (1) be compatible with adjacent uses; and, (2) clearly be of a temporary nature.
E. Fee.
Either the Zoning Hearing Board or the Borough Council may waive and/or return the required application fee if the applicant is a Internal Revenue Service recognized and well-established nonprofit organization, and the applicant clearly shows that the proposed use is temporary and will be used to clearly primarily serve a charitable or public service purpose.
F. Nonprofit.
Only a well-established and Internal Revenue Service recognized nonprofit organization proposing a temporary use to clearly primarily serve a charitable or public service purpose shall be eligible to receive approval for a temporary commercial use in a district where that use is not permitted.
G. Special Events.
For a special event that will attract significant numbers of the public, the Zoning Hearing Board may deny the use if it determines that the following will not be generally appropriate: sanitary and water service, traffic control, off-street parking and protection of the public health and safety.
H. Annual Special Events.
If the Zoning Hearing Board grants a special exception for a temporary use for an annual special event, then the Board's grant of such temporary use upon an initial application submitted by a non-profit organization applying to conduct an event, shall authorize the Zoning Officer to grant a permit for such temporary use in subsequent years, provided that the application for a permit in subsequent years demonstrates to the Zoning Officer's satisfaction that the event is the same, or substantially the same, as in the year in which the Zoning Hearing Board granted the temporary use, and that the applicant has satisfied all of the conditions imposed by the Board for such use. If the Zoning Officer determines that the proposed temporary use is materially different from the event for which the Board granted approval, or if the Zoning Officer determines that the proposed event does not meet all of the conditions imposed by the Zoning Hearing Board, then the Zoning Officer shall deny the application. In the event of such denial, the applicant may appeal to the Zoning Hearing Board pursuant to this section. An applicant may only apply for a permit under this paragraph if it is conducting an annual event. This paragraph shall not apply if the event was not held and a permit issued by the Zoning Hearing Board or the Zoning Officer in the immediately preceding year.
