COMMON REGULATIONS v. Vacant Lots. When the proposed temporary special use is to be conducted on an otherwise vacant or unused lot, the use shall comply with all applicable zoning regulations for the district. vi. Accessory Structures. Tents and other temporary structures are subject to building permits and other regulation by the Building Division. vii. Variance. The Planning and Zoning Administrator or the Board of Zoning and Building appeals shall have the power to vary the time periods of and add other conditions to an approved permit as deemed necessary by the Planning and Zoning Administrator or the Board of Zoning and Building Appeals in order to further the intent of the Zoning Code or otherwise protect the public health, safety, and general welfare. B. Special Events and Community Activities. The following regulations apply to the approval and operation of special events and community activities. i. Exceptions. A temporary special land use permit shall not be required for special event or community activity permitted or organized through the Parks and Recreation Department or Public Safety Department. ii. Exceptions—Open Space Districts. A temporary special land use permit shall not be required for a special event or community activity associated with a permitted semi-public use in Open Space/Schools District provided that the special event or festival meets the following conditions: 1. The special event or festival takes place entirely on the lot or parcel associated with the existing approved semi-public use. 2. The special event or festival is no longer than three (3) consecutive days and that there are no more than two (2) such events or festivals at a given location within a calendar year. iii. Exceptions—Non-Profit or Charitable Organizations. A temporary special land use permit shall not be required for a special event or community activity conducted on a commercial parcel that is organized by a non-profit or charitable organization. No more than two (2) such events shall be conducted by the same organization at the same location within a calendar year. iv. Applicability. Except as otherwise provided herein, the Planning and Zoning Administrator may require temporary special land use permit for any other type of special event. v. Accessory Structures. Tents and other temporary structures for festivals and special events are subject to building permits and other regulation by the Building Division. C. Regulations Applicable to Swimming Pools, Fish Ponds, and Water Parks. A swimming pool, fish pond, or water park shall conform with all yard and setback requirements for accessory structures in the district in which it is located, as well as the following requirements. i. Private Swimming Pool. A private swimming pool, where in-ground or above-ground shall be permitted in any commercial, mixed-use or residential district as an accessory use provided that it complies with the following conditions and requirements: 1. Use. The pool shall be intended and used solely for the enjoyment of the occupants of the main use of the lot on which it is located. 2. The pool, including any walks or paved areas or accessory structures adjacent thereto, 164
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