A temporary use permit is required for limited term activities or events, which occur on commercial property within the township that may potentially create off-site impacts to surrounding properties in which it will occur. This includes outdoor sales, tent sales, and sidewalk sales, fireworks sales, seasonal sales for plants, produce, firewood or Christmas trees. Special events for gatherings of people, where under a tent or not or confined within any type of physical barrier, food or beverage is served, is also is considered a temporary use requiring a temporary use permit. Township Board approval is required where a special event has entertainment in addition to food or beverage and applications for such events shall be submitted 30 days in advance of the planned event. A temporary use permit is not required for religious institutions, residential uses, agricultural uses, or special events occurring at township parks, such as sporting events or other approved events sanctioned by the township.
(A) Zoning districts where permitted. Temporary use permits for outdoor sales, tent sales, sidewalk sales or seasonal sales of plants,, produce, firewood or Christmas trees, shall be permitted only in the B-l, B-2, and B-3 zoning districts.
(B) Application; fee; submission of site plan.
(1) Every person, firm or corporation desiring to obtain a temporary permit as required by this chapter shall file a written application with the Zoning Administrator on a form approved by the township, together with an application fee as hereafter provided by resolution of the Township Board.
(2) The application for a temporary use permit shall be accompanied by a site plan, drawn to scale, showing the following:
(a) The shape, location and dimensions of the lot, including the location of buildings on the lot, off-street parking layout, the location of any designated fire lanes and areas for the outdoor sales. An aerial photo may also be used in lieu of a drawn site plan where all details above are included.
(b) Materials to be utilized including structures to be erected, including tents, tables, stands, display racks, stages, barriers, traffic control measures; and
(c) Loss of off-street parking, anticipated number of people for special events.
(C) Time limitations.
(1) A temporary permit for a tent or sidewalk sale shall, by its terms, be effective for no longer than 14 days. No more than three temporary permits for tent sales or sidewalk sales shall be issued for a given location within a single calendar year. Temporary permits for tent sales or sidewalk sales shall not be issued for any given location for consecutive time periods.
(2) A temporary permit for the sale of Christmas trees shall by its terms be effective for no longer than 30 days. No more than one temporary permit for the sale of Christmas trees shall be issued for any given location within a single calendar year.
(3) A temporary permit for outdoor sales, including, but not limited to, the sale of plants, produce or for the sale of firewood, shall, by its terms, be effective for no longer than one six-month period. No more than two temporary permits for sale of plants, produce or for the sale of firewood shall be issued for any given location within a 12-month period. A temporary permit is effective beginning April 1 and ends on September 30. A temporary permit is also effective beginning October 1 and ends on March 31. A temporary permit can be renewed for another consecutive six-month period. Permits sought between April 1 and September 30 shall expire on September 30 of that same year and permits sought after October 1, but before March 31 shall expire on March 31 of that same year.
(D) Regulations.
(1) A temporary permit shall only be granted if the Zoning Administrator or his or her designee determines that the proposed use, including the erection of any temporary building or structure, will:
(a) Provide adequate light and ventilation in the areas of outdoor sales;
(b) Provide adequate automobile and pedestrian traffic flow without congestion;
(c) Provide adequate off-street parking which will not displace required off-street parking for the indoor sales;
(d) Provide adequate lot access for fire protection purposes;
(e) Not adversely affect the stability and integrity of the zoning plan prescribed by this chapter or otherwise interfere with the protection of public health, safety and general welfare;
(f) Not be incompatible with or otherwise adversely affect the physical character of the community and in particular the surrounding area within a distance of 1,000 feet; and
(g) Provides space for sidewalk or tent sales adjacent to the primary structure on the premises.
(2) When the proposed temporary use is to be conducted on an otherwise vacant or unused lot, the use shall comply with all applicable zoning regulations for the district in which the temporary special use is to be located, including all requirements pertaining to lot size, height, setback, open space ratio, maximum percentage of covered lot area and off-street parking.
(3) No temporary use shall be permitted if it reduces the parking by greater than 25%.
(4) All temporary buildings and structures shall be constructed, used, occupied and maintained so as to be in compliance with the provisions of the State Construction Code, the adopted International Fire Code, and all applicable ordinances of the township.
(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 17-05, passed 6-19-2017) Penalty, see § 155.999