§ 27-260. Authorization.

(a)

The Department of Permitting, Inspections, and Enforcement may issue temporary use and occupancy permits (and if necessary, building permits) for the specific temporary structures and uses, and in accordance with the requirements of Section 27-261.

(b)

The temporary use and occupancy permits shall not be issued where the disturbance proposed would violate the provisions of Division 2 of Subtitle 25. An application for a temporary use and occupancy permit for temporary sales trailers, temporary construction trailers and temporary office trailers shall include either a copy of an approved Type 2 Tree Conservation Plan showing the areas of disturbance proposed with the permit, or an approved Letter of Exemption in conformance with Division 2 of Subtitle 25 referencing the subject property, the proposed area of disturbance and the proposed use.

(c)

No temporary permit shall be required if the use is allowed by other provisions of this Subtitle as a permanent use.

(d)

These temporary uses are only allowed as set forth in the Tables of Uses (for the various zones).

(e)

In a Transit District or Safety Zone of the Military Installation Overlay Zone, no temporary use and occupancy permit or building permit shall be issued for any use or activity unless the application for the permit has been reviewed by the Planning Board or its authorized representative for conformance or consistency with the Military Installation Overlay Zone requirements, or the approved Transit District Development Plan and Transit District Site Plan.

(f)

The Chief of Police and the Fire Chief are authorized to direct the Police Department and the Fire/Emergency Medical Services Department respectively, to take all immediate reasonable and necessary action to cease and desist the operation of any activity requiring a temporary use and occupancy permit when a temporary use and occupancy permit has not been issued.

(g)

The Chief of Police and the Fire Chief are authorized to direct the Police Department and the Fire/Emergency Medical Services Department respectively, to take all immediate reasonable and necessary action to cease and desist the operation of any activity requiring a temporary use and occupancy permit when a temporary use and occupancy permit has been issued and is not in compliance with the provisions of this Section and all applicable use and occupancy provisions of the Zoning Ordinance.

(h)

The Chief of Police and the Fire Chief are authorized to direct the Police Department and the Fire/Emergency Medical Services Department respectively, to take all immediate reasonable and necessary action to cease and desist the operation of any activity requiring a temporary use and occupancy permit when the activity is found to present an imminent danger and threat to the health, safety, and welfare of the public by not doing so, that there are no other mitigating actions to be taken to resolve the imminent danger and threat to the health, safety, and welfare of the public, and that there are no other reasonable means of preventing further danger and threat to the health, safety, and welfare of the public resulting from the continuation of the activity until a hearing is held.

(i)

Immediate reasonable and necessary action shall include, but not be limited to: entering the building, structure, and land; securing the building, structure, and land; removing the occupants of the building, structure, and land; padlocking the building, structure, and land; and preventing the use and occupancy of the building, structure, and land.

(j)

Actions taken pursuant to Sections 27-253(f), (g), and (h) shall remain in force and effect unless amended or vacated by a decision of the Zoning Hearing Examiner in accordance with Section 27-264.01(g) or by a decision of a court of competent jurisdiction.

(CB-2-1984; CB-50-1984; CB-33-1985; CB-31-2006; CB-28-2010; CB-34-2011; CB-29-2014; CB-42-2015)

Editor's note— Section 3 of CB-28-2010 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, and appeal periods have not expired as of September 1, 2010, is grandfathered; or a development project that has an approved preliminary plan of subdivision, but has not completed subsequent processes such as final plat or site plan as of September 1, 2010, is grandfathered for that portion of the project covered by the preliminary plan.

Section 3 of CB-34-2011 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, notwithstanding any appeal period, is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval; or a development project that has an approved preliminary plan of subdivision, notwithstanding any further development review requirements including record plats is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval for that portion of the project covered by the preliminary plan.