§ 152.119 HIGH TUNNEL STRUCTURES.
   (A)   Residential Zoning Districts.
      (1)   Location. A high tunnel structure (HTS) is permitted as an accessory building provided the structure meets the provisions of this section.
      (2)   Use. The HTS shall be utilized only to extend the length of the gardening season. Use of any HTS for maintaining livestock, fowl or other animals, as a storage facility, for vehicle storage, or as any other use other than growing of plants is prohibited.
      (3)   Setback. The HTS shall comply with the setback requirements for any accessory building as specified in § 152.031.
      (4)   Height. The maximum height of any HTS shall be 12 feet. The distance shall be measured from the ground to the highest point of the HTS.
      (5)   Area. The HTS shall comply with the maximum allowable area as specified for accessory structures in § 150.022(B)(6) and § 152.111(B)(8).
      (6)   Level of permanence. The HTS may be installed as a temporary structure or a permanent structure.
      (7)   Selling food. Food produce that is grown in any HTS may be sold on the premise in accordance with the home occupation regulations in § 152.111(H).
      (8)    Lighting. Directed lighting to plants installed inside the HTS shall only be utilized between the hours of 5:00 a.m. and 10:00 p.m. Any outdoor lighting used on the premises shall comply with the requirements in § 152.032.
   (B)   Institutional (I), General Business (B2), Light Industrial (M1) and Agricultural (AG) Zoning Districts.
      (1)   Location. A high tunnel structure (HTS) is permitted as either a principal or accessory building, provided the structure meets the provisions of this section.
      (2)   Use. The HTS shall be utilized only to extend the length of the gardening season. Use of any HTS for maintaining livestock, fowl or other animals, as a storage facility, for vehicle storage or as any other use other than growing of plants is prohibited.
      (3)   Setback. The HTS shall comply with the setback requirements as specified in § 152.031 and their applicable zoning district.
      (4)   Height. The maximum height of any HTS shall be 20 feet. The distance shall be measured from the ground to the highest point of the HTS.
      (5)   Area. A HTS shall be allowed as a principal or accessory building if the combined area of all HTSs shall not exceed 3,000 square feet per lot and the combined area of all HTSs shall not cover over 40% of the lot area. Any proposal to install HTSs that will exceed 3,000 square feet in total combined area per lot or will cover over 40% of the lot area shall require a special use permit in accordance with § 152.018.
      (6)   Level of permanence. The HTS may be installed as a temporary structure or a permanent structure.
      (7)   Refuse disposal areas. All refuse disposal areas shall be located in areas designed to provide adequate accessibility for service vehicles. Locations shall be to the rear of buildings or in areas where minimal exposure to public streets will exist. Refuse disposal and outside storage of materials, such as pallets, shall not be placed outside of enclosures. All refuse enclosures shall be screened by a solid fence (with the finished side facing outward) or wall. Containers or material within the fence enclosure shall not extend above the height of the fence. The area should be secured by a solid latchable gate. The use of chain link fences with slats is discouraged.
      (8)   Selling and distributing of food. Food produce that is grown in any HTS may be sold or distributed for free on the premise under the following provisions:
         (a)   The locations of produce for sale or free distribution are not to be located so as to block visibility for vehicles or pedestrians on or off the lot in a manner that would create a safety hazard;
         (b)   Enclosed temporary structures incidental to the sales or free distribution shall comply with currently adopted building and fire codes. Temporary unenclosed structures, including roadside stands, must be portable and removed at the end of the sales/free distribution day. Roadside stands are permitted in the required front yard;
         (c)   The sales and free distribution shall be limited to between the hours of 7:00 a.m. and 9:00 p.m.;
         (d)   Use of a public address system or loudspeaker is expressly prohibited;
         (e)   No sales or display activity shall be located on a public right-of-way;
         (f)   All trash and debris shall be removed daily;
         (g)   All signage shall conform to the standards set forth in this chapter;
         (h)   The use shall be located along and have direct vehicular access to a public street;
         (i)   All outdoor lighting shall conform with § 152.032.
      (9)   Lighting. Any type of interior lighting which is installed for use with the HTS shall only be utilized between the hours of 5:00 a.m. and 10:00 p.m. No lights associated with any HTS shall be used outside of these hours. Any outdoor lighting used on the premises shall comply with the requirements in § 152.032.
(Ord. 12-3352, passed 5-21-2012; Ord. 13-3408, passed 7-15-2013; Ord. 22-3677, passed 7-18-2022)