The following regulations are necessary to govern the operation of certain uses that are non-permanent in nature. Application for a temporary use/special event permit, where applicable, shall be made to the Planning and Zoning Administrator, containing a graphic description of the property to be utilized, a site plan, a description of the proposed use, and sufficient information to determine yard requirements, setback, sanitary facilities, and parking space for the proposed temporary use/special event.
(a) School or church functions, athletic events, public festivals, charity events or other community service activities are deemed examples of special events. Special events are subject to regulations of the districts in which such uses are located. Special event permits shall be valid for one year in which all special event activities shall commence. Signs for special events are subject to division (c) of this section.
(b) Mobile vendors shall only be permitted in conjunction with a special event which has obtained a valid temporary use/special event permit in accordance with the following standards:
(1) The location, type, and dimensions of each mobile vendor shall be indicated on an approved temporary use/special event permit.
(2) During approved special event dates, mobile vending vehicles, carts, and other related structures shall be removed from the premises or sufficiently secured when not in operation.
(3) Mobile vending shall be permitted for one occurrence per calendar week, lasting no longer than three consecutive days. Mobile vending located on public property and not for profit shall be exempt from this requirement at the discretion of the Planning and Zoning Administrator.
(4) Mobile vending may be permitted in the public right-of-way with permission from the Planning and Zoning Administrator.
(5) Each mobile food vendor shall obtain a valid mobile food service license from any Ohio County Board of Health or a temporary license to conduct food service from the Pickaway County Board of Health.
(6) Each mobile vendor shall obtain and maintain public liability and property damage insurance with a financially sound insurance company, "A" rated or better by A. M. Best and Company, which shall protect the public against any and all claims for damages for personal injuries, including death, and against claims for property damage which may arise out of or in connection with any operations or activities of the mobile food vendors in the exercise of any of the privileges herein granted. The amount of such insurance shall be a minimum of one million dollars ($1,000,000) for combined single limit general liability coverage. Hired and non-owed coverage endorsement shall be set at the same limits. A certificate of insurance, with Commercial Point named as an additional insured, shall be submitted prior to the mobile vendor locating within the Commercial Point corporation limits.
(c) The following uses are deemed examples of temporary uses and shall be subject to the specific regulations and time limits which follow and to the regulations of any underlying district in which such use is located:
(1) A real estate sales office, including a mobile office, may be permitted within any district for any new subdivision which has been approved by Commercial Point. Such office shall contain no living accommodations. The permit shall be valid for one year, but six month extensions may be granted if conditions warrant such renewal. Mobile offices shall be immediately removed when the sale of 75% of the units in the development phase or section has been completed, or upon expiration of the temporary use permit, whichever occurs sooner. A permanent real estate office, such as a model home, shall be removed upon the sale of all units of the project development phase or section, excluding the real estate office itself, or upon expiration of the temporary use permit, whichever occurs sooner.
(2) Temporary offices including mobile offices for contractors, construction trailers, and equipment sheds incidental to construction projects may be permitted within any district. The permit shall not be valid for more than one year but may be renewed for six month extensions if construction is substantially underway. Temporary offices shall be immediately removed when the construction of 75% of the units in the development phase or section has been completed, or upon expiration of the temporary use permit, whichever occurs sooner.
(3) Garage sale permits are required. Garage sales are a temporary use permitted within any district in which dwellings are permitted in accordance with the following standards:
A. Only one such sale may be conducted on any parcel of real estate in any six month period, which sale shall be limited to not more than three consecutive days or two consecutive weekends of two days each. No sale may extend later than sunset.
B. Only one sign advertising the sale may be displayed on the premise. A maximum of three directional signs may be placed off the premises to direct the public to the sale. The display of such advertising and directional signs may be displayed up to 24 hours prior to the beginning of the sale. These signs must be removed within 24 hours after the sale ends. Such signs shall not be larger than four square feet in display area, shall not be illuminated or animated, shall not be placed in a right-of-way of any public street or road, and shall not interfere or obstruct visibility when entering or leaving property.
C. Except as provided above, the provisions of this chapter shall not apply to a sale of property publicized solely by classified newspaper advertising, which describes or identifies the specific property offered for sale and does not designate the date, hours, or location of the sale other than by stating name, address or telephone number of the seller.
(4) Donation drop off bins including any structure located outside of an enclosed building whose purpose is for the holding of clothing and household items that are donated to a charitable or for profit organization. Donation drop off bins are also known as charity bins or clothing bins.
A. Off-site donation drop bins shall only be allowed in non-residential zoning districts.
B. Only one donation drop off bin shall be located on a property of one acre or smaller. An additional one donation drop off bin per shall be permitted per each one additional acre, with a maximum of three donation drop off bins per property.
C. A donation drop off bin shall have a footprint of no larger than 25 square feet and shall be no taller than seven feet.
D. An off-site donation drop off bin shall be located no closer to any lot line than the setbacks of the applicable zoning district, but in no case shall a donation drop off bin be closer than ten feet to any lot line.
E. Donation drop off bins shall not obstruct pedestrian or vehicular traffic flow on a lot. These areas include, but are not limited to, drive aisles, parking lot area, fire lanes, and adjacent street rights-of-way.
F. A donation drop off bin shall not cause a hazardous condition, be a threat to the public safety, or create a condition detrimental to surrounding land uses and developments.
G. Bright primary or contrasting colors are prohibited on donation drop off bins.
H. All off-site donation drop off bins shall be clearly marked to identify the purpose of the collection, the name of the organization responsible for the bin, contact information (name, phone number, mailing address), and what items are requested for donation.
I. Donated items shall not be left outside the off-site drop off bin. The following notice shall be clearly marked on all sides of the donation drop off bin: NO ITEMS SHALL BE LEFT OUTSIDE OF THE DONATION DROP-OFF BIN. Donations that are not fully enclosed in the drop off bin shall be considered a zoning violation.
J. No advertisement signage on the donation drop off bin shall be permitted.
K. All off-site donation drop off bins shall be checked by their owner at least once a week for compliance with approval conditions and shall be emptied as necessary.
L. A temporary use/special event permit shall be required before installing an off-site donation drop off bin. The permit shall be valid for two years, but one year extensions may be granted if there have been no violations of any section of this Zoning Code. The following shall be submitted with a temporary use/special event permit application:
1. A plot plan showing the proposed location of the donation drop off bin in reference to property lines, existing structures (buildings, signs, utility poles, etc.), drive aisles and parking lot area.
2. A photo of the drop off bin that shows the required language.
3. Proof of liability insurance.
4. Contact information: name, phone number, mailing address.
5. A description of how the donation drop off bin is monitored and maintained including a pickup schedule.
M. Failure to comply with the approval conditions shall be considered a Zoning Code violation and may result in revoking the temporary use/special event permit.
(5) Tents or canopies greater than 200 square feet in size used to provide temporary shelter to event attendees. Tents or canopies smaller than 200 square feet when combined with one-another to form a larger structure shall also meet the following requirements.
A. The location, type, dimension, and distance to all property lines of each tent or canopy shall be indicated on an approved temporary use/special event permit.
B. The dates that each tent will be used shall be indicated on an approved temporary use/special event permit.
C. Tents or canopies erected with a valid temporary use/special event permit shall be permitted for no more than six consecutive days per occurrence.
D. Tents or canopies erected with valid temporary use/special event permit shall be permitted for no more than three occurrences during the calendar year in which the temporary use/special event permit is valid.
E. All building and fire codes will need to be followed and permits and inspections completed, if required, prior to the date of the event to be held in the tent or canopy.
(Ord. 2020-10, passed 6-15-2020)