§ 27-261. Specific temporary uses.

(a)

Contractor's construction-related facilities/real estate subdivision sales office.

(1)

A temporary permit may be issued for a construction contractor's office, yard, shed, or storage building, or a temporary real estate subdivision sales office in accordance with the following:

(A)

The permit shall be valid for not more than three (3) years. The permit may be renewed for additional periods of not more than two (2) years each;

(B)

The permit shall be issued only when actual construction on or in the immediate vicinity of the temporary use site necessitates the structures and uses;

(C)

The permit shall remain valid only for the time required for the construction or real estate sales;

(D)

Adequate measures shall be taken to insure that the use will not adversely affect the health and safety of residents or workers in the area, and will not be detrimental to the use or development of adjacent properties or the general neighborhood.

(b)

Wayside stand.

(1)

The stand shall be located not less than twenty-five (25) feet from an existing street.

(2)

The stand shall be used only for the sale of agricultural products grown or produced on the premises, and the incidental sale of agricultural products not grown or produced on the premises.

(3)

The permit shall be valid for not more than two (2) years. The permit may be renewed for additional periods of not more than two (2) years each.

(4)

Adequate measures shall be taken to insure that the use will not adversely affect the health and safety of residents or workers in the area, and will not be detrimental to the use or development of adjacent properties or the general neighborhood.

(c)

Seasonal decorations display and sales.

(1)

A permit shall be valid for not more than forty-five (45) consecutive days for the display and sale of products produced for seasonal decoration.

(2)

Except for bona fide nonprofit groups or organizations, in any Residential Zone or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, the display/sales area shall be located at least twenty-five (25) feet from an existing street line and from any adjacent lot lines.

(3)

Adequate measures shall be taken to insure that the use will not adversely affect the health and safety of residents or workers in the area, and will not be detrimental to the use or development of adjacent properties or the general neighborhood.

(CB-23-1989)

(d)

Temporary shelter for commercial displays, sales, and services.

(1)

The uses may include all commercial displays, sales, and services permitted (as a "P" use in the commercial use list) in the respective Commercial Zones for promotional displays or sales, seasonal activities, income tax consultant's offices, carload sales of products, sidewalk sales, and demonstration of products in a parking lot.

(2)

The shelter may include a trailer or tent.

(3)

The permit shall be issued for not more than three (3) consecutive months.

(e)

Mobile home for emergency housing.

(1)

The mobile home shall be used only as a dwelling in times of emergency due to major calamity.

(2)

The use shall be certified by the County agency responsible for providing emergency housing.

(3)

All requirements for lot coverage, building lines, frontages, yards, height limitations, and off-street parking in the zone in which the mobile home is located shall be met.

(4)

The permit shall be issued for not more than two (2) years and shall not be renewable.

(f)

Transient mobile home or camping trailer residence.

(1)

The mobile home or camping trailer shall be located on a lot at least five (5) acres in size.

(2)

The principal use of the lot shall be an activity for which the County levies an amusement tax.

(3)

The occupants of the mobile home or camping trailer shall be employed in connection, or otherwise reasonably associated, with the activity.

(4)

The permit shall be valid for not more than one hundred (120) cumulative days per any one (1) year, except for a mobile home or camping trailer used in connection with a pari-mutuel racetrack where the permit shall be valid for not more than two hundred eighteen (218) cumulative days per calendar year.

(g)

Recyclable materials collection.

(1)

The collection of recyclable materials shall only be approved by resolution of the District Council.

(2)

The resolution shall set forth the term of the use (not to exceed three (3) years) and any other conditions to be met.

(3)

The permit may be renewed by the Department of Permitting, Inspections, and Enforcement for periods of not more than three (3) years each, provided the use continues in accordance with any conditions established by the Council.

(4)

The use shall be limited to collection and removal at regular intervals. It shall not include long-term or bulk storage and shall normally be limited to an area not more than twenty-five thousand (25,000) square feet in size.

(CB-29-2014)

(h)

Firewood displays and sales.

(1)

The permit shall be valid for not more than four (4) months in any twelve (12) month period and shall not be renewable.

(2)

The firewood shall be neatly stacked, and the property shall be kept clean and free from debris.

(3)

The immediate area within which firewood is displayed or sold shall not be enclosed (notwithstanding the provisions of Subsection (d), above).

(4)

In any Residential Zone or land proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, the sales area shall be located at least twenty-five (25) feet from any street line.

(5)

No power-driven log cutting or splitting devices shall be used in connection with the use.

(6)

In any Commercial or Industrial Zone or land proposed to be used for commercial or industrial purposes on an approved Basic Plan for a Comprehensive Design Zone, approved Official Plan for an R-P-C Zone, or any approved Conceptual or Detailed Site Plan, the sales area shall be located at least ten (10) feet from any street line, and shall not encroach upon any required landscaped area.

(CB-23-1989)

(i)

Permit issued in error.

(1)

A temporary use and occupancy permit shall be issued for the same use and may be issued for a comparable use (a use permitted under the mistaken zoning category), provided that:

(A)

The use was erroneously permitted under a previously issued use and occupancy permit for at least five (5) years; and

(B)

A structure has been erected (pursuant to a permit for a particular use) under an apparent mistake concerning the zoning of the property.

(2)

The application for the permit shall contain the following:

(A)

The application and material required by Section 27-254;

(B)

Evidence of the issuance of the previous use and occupancy permit and existence of the use for five (5) years, or evidence of the issuance of a building permit authorizing the temporary use now being applied for; and

(C)

Evidence that administrative or judicial relief has been applied for, which will result in the right to use the property for the use now applied for, or a statement by the Planning Board (or by its authorized representative) that the use applied for is not contrary to the Master Plan's recommendations for the property, and that a Sectional Map Amendment covering the property will be considered within three (3) years.

(3)

The temporary use and occupancy permit shall expire when the administrative or judicial relief is final, or the Sectional Map Amendment is approved.

(j)

Farmer's market or flea market.

(1)

Except as provided in Subsection (j)(8) of this Section, the farmer's market shall only be located on the open area or parking lot of private or publicly owned property. The flea market shall only be located on the open area or parking lot of property owned by a public agency or a not-for-profit organization.

(2)

The permit shall only be issued for thirty (30) days for a flea market and no more than 106 days for a farmer's market in any one (1) calendar year.

(3)

The use for the flea market shall be operated only during daylight hours as specified in the application and approved by the Department of Permitting, Inspections, and Enforcement. The use for the farmer's market shall be operated only within the hours as specified in the application and approved by the Department of Permitting, Inspections, and Enforcement.

(4)

Stalls, sales tables, and any other facilities related to the flea market shall be located at least twenty-five (25) feet from any abutting street. If located within a parking lot, the facilities shall be located so as to provide sufficient parking facilities for the patrons.

(5)

Vehicular access to the subject property shall not be by means of streets internal to subdivisions for one-family dwellings.

(6)

The site plan submitted with the permit application shall show all existing improvements on the property, off-street parking areas and driveways (including traffic control patterns), and the specific area (dimensioned) of the property to be occupied by the flea market.

(7)

The Department of Permitting, Inspections, and Enforcement may revoke the permit if the use constitutes a nuisance because of noise, traffic, physical activity, or other cause.

(8)

A farmer's market may operate inside a public or privately owned building with the written permission of the property owner during the months of December through March for a period not to exceed a total of thirty (30) days, provided the farmer's market otherwise complies with the provisions of Section 27-107.01(a)(87.1) and Section 27-261(j) of this Code.

(9)

A Farmer's Market vendor which cooks food on-site utilizing a propane or other heated cooking surface must:

(A)

secure a current year proof of review from the Fire/EMS Department for a NFPA-701; and

(B)

secure a current year proof of review from the Fire/EMS Department for propane gas, if used. Current year proof of review must be displayed at all markets where vendor is cooking food on-site.

(10)

Vendors that do not use heating sources or open flame or cook food on-site at the Farmer's Market are not required to have a NFPA-701-compliant tent. Such vendors must be located a minimum of ten (10) feet from vendors utilizing a heated cooking surface.

(11)

Market Managers are responsible for ensuring that tents at a Farmer's Market are weighted with at least 24 pounds anchoring each leg of the tent.

(12)

Third party electrical or structural inspections are required for Farmer's Market vendors if generators are used that are required to be grounded per manufacturing specifications or if other temporary structures other than tents (i.e. stages and platforms) are used at the market or if an individual tent is larger than 400 square feet.

(CB-63-1998; CB-49-2008; CB-73-2012; CB-29-2014; CB-16-2016; CB-4-2019)

(k)

Carnival, circus, fair, or similar temporary use.

(1)

The permit shall only be issued for up to seventeen (17) days and shall not be renewable.

(2)

The use shall be located only on a parking lot (except in a Commercial, I-1, or I-2 Zone), and at least two hundred fifty (250) feet from any dwelling.

(CB-50-1984; CB-33-1985)

(l)

Exhibition/model center.

(1)

Notwithstanding any other provision of this Subtitle, in the M-X-T Zone, an exhibition/model center for the purposes of display of a detailed model or models of proposed developments, sales office, and related activities, in accordance with the following:

(A)

The permit may be issued prior to approval of the conceptual and detailed site plans;

(B)

The permit may be issued for not more than five (5) years. The permit may be renewed for additional periods of not more than three (3) years each;

(C)

The applicant shall apply for all necessary building, grading and other permits prior to the issuance of the permit.

(D)

Prior to the issuance of any permit or the renewal thereof, the matter shall be referred to the District Council for consideration. The District Council may approve, modify or reject the permit or permit renewal. Failure to take action within thirty (30) days of referral shall constitute approval.

(E)

No later than ninety (90) days after the expiration of any permit or permit renewal, any structure erected in accordance with this Section shall be demolished.

(CB-134-1986)

Editor's note— The provisions of Subsection (l) apply only to structures erected pursuant to a permit issued on or before January 1, 1989. (CB-153-1987)

(m)

Compensatory educational modular classrooms.

(1)

One (1) modular classroom, not exceeding seven hundred (700) square feet of gross floor area, may be located on the premises of the private school whose students are receiving instruction under Title 1.

(2)

The modular classroom shall not be located on a parking lot or in a front yard and its installation shall not cause the removal of any existing trees.

(3)

Landscaping, consisting of live evergreens at least six (6) feet in height and planted ten (10) feet on center around the perimeter of the modular classroom (except at entrance or exit ways), shall be installed prior to the issuance of the permit.

(4)

The modular classroom shall be set back at least twenty-five (25) feet from abutting land in any Residential Zone or land proposed to be used for residential purposes in any other zone.

(5)

The permit shall be valid for not more than three (3) years and may be renewed for additional periods of not more than two (2) years each.

(6)

The modular classroom shall be removed from the premises upon the earlier of:

(A)

The expiration of the permit; or

(B)

The cessation of the educational services provided under Title 1 for a period exceeding one hundred (100) consecutive days.

(7)

The term modular classroom shall mean those facilities which quality for funding as a capital expense pursuant to Title 20, United States Code Section 2727(d)(4).

(CB-106-1989)

(n)

Trailer for office space accessory to an existing industrial use.

(1)

One (1) office trailer, not exceeding one thousand two hundred (1,200) square feet of gross floor area, may be located for use on site in conjunction with existing office space accessory to an industrial use during the time in which permanent office space facilities are being constructed on-site.

(2)

There shall be no bathroom facilities or running water provided in the office trailer, and permanent bathroom facilities and running water shall be provided in the existing permanent on-site office space facilities.

(3)

A site plan shall be reviewed by the Planning Board or its designee for compliance with applicable regulations.

(4)

The permit shall be valid for not more than two (2) years and may be renewed for one additional period of two (2) years, provided that the applicant has diligently proceeded with development of the permanent office space facilities and that the failure to complete the office facilities within the time of the original permit was not within the control of the applicant.

(5)

The office trailer shall be removed within sixty (60) days of the issuance of the use and occupancy permit for the permanent office space facilities.

(CB-24-1993)

(o)

Trailer for office space accessory to an existing group residential facility which services more than eight (8) persons.

(1)

One (1) office trailer, not exceeding one thousand two hundred (1,200) square feet of gross floor area, may be located on-site in conjunction with existing office space accessory to a group residential facility which services more than eight (8) persons during the time in which renovations to the permanent office space facilities are being made on-site.

(2)

Temporary bathroom facilities and running water will be provided in the office trailer for staff use only.

(3)

A site plan shall be reviewed by the Planning Board or its designee for compliance with applicable regulations, excluding the Prince George's County Landscape Manual.

(4)

The permit shall be valid for not more than one (1) year and may be renewed for one (1) additional year, provided that the applicant has diligently proceeded with renovations to the permanent office space facilities and that the failure to complete the renovations to the office facilities within the time of the original permit was not within the control of the applicant.

(5)

The office trailer shall be removed within (60) days of the completion of the renovations to the permanent office space facilities.

(CB-35-1996)

(p)

Sales events sponsored by bona fide nonprofit groups or organizations.

(1)

The use shall be operated only on Fridays, Saturdays, Sundays, and holidays of the County, State, or Nation.

(2)

The use shall be located in an enclosed building.

(CB-26-1997)

(q)

Employment or training center.

(1)

A temporary permit may be issued for an employment or training center that is associated with a facility that is under construction, provided that the employment or training center is located within one mile of the facility under construction. The temporary employment or training center shall be located on property with a former public school structure pursuant to a contractual agreement with the County.

(2)

Any temporary permit issued shall comply with the following requirements:

(A)

The temporary permit shall be valid for a period not exceeding three (3) years. However, upon showing of good cause by the permit holder, a temporary permit for an employment or training center may be renewed, for a period not exceeding two (2) years.

(B)

Adequate measures shall be taken to ensure that the temporary employment or training center use will not adversely affect the health, safety, or welfare of residents or workers in the area, and will not be detrimental to the use or development of adjacent properties or the general neighborhood.

(CB-20-2015)