(A) The Township Planning Commission shall review and approve all temporary use permits provided, however, that the temporary use is first determined by the Planning Commission as meeting the "standards for approval" as provided for in division (B)(2) below.
(B) Temporary uses shall include, but not be limited to the following: off-site tent sales, off-site produce stands, firework display stands, firewood, or Christmas tree sales, pond excavations (for recreational use), carnivals, temporary storage trailers, or storage yards.
(1) Application and submittal requirements. The application for a temporary use permit shall be accompanied by plans and specifications including a plot plan drawn to scale showing the following:
(a) The shape, location and dimensions of the lot, including the shape, size and location of all buildings or other structures already on the lot, off-street parking layout, and the location of any designated fire lanes;
(b) The materials to be utilized in and the shape, size, and location of all buildings and structures to be erected or moved onto the lot;
(c) Prior to any approval the Planning Commission may request information on the anticipated automobile traffic flow to and from the lot and any adjacent thoroughfares, loss of off-street parking spaces, if any, as well as the anticipated flow of pedestrian traffic to and from the lot; and
(d) Ten copies of the application, plans and specifications shall be submitted along with an application fee, which shall be non-refundable. The application fee shall be established by resolution of the Township Board.
(2) Standards for approval. A temporary use permit shall only be granted if the Planning Commission determines that the proposed use, including the erection of any temporary buildings or structures, will:
(a) Provide adequate light and ventilation between buildings and structures;
(b) Provide adequate automobile and pedestrian traffic flow and provide adequate off-street parking;
(c) Provide adequate lot access for fire protection purposes;
(d) 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;
(e) Not be incompatible with or otherwise adversely affect the physical character of the community and, in particular, the surrounding area within a distance of 500 feet; and
(f) 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, signs, and off-street parking. In no instance shall signs, parking, buildings, produce, or other site features occupy a public right-of-way.
(3) Pre-manufactured buildings. The Planning Commission may permit in any residential district the temporary location of a pre-manufactured building for a period that active construction is in progress, provided:
(a) The use shall be only for offices for the specific purpose of selling lots or new homes to be erected in a new subdivision;
(b) The use shall be for temporary residential housing due to a fire or other act of god. Notwithstanding these provisions, the Township Building Official may, for a period not to exceed 30 days permit the establishment of emergency housing facilities upon a finding that the housing shall be provided in a safe and sanitary condition and shall comply with the applicable zoning regulations for the district in which the temporary use is to be located, including all requirements pertaining to setbacks, maximum percentage of lot coverage and off-street parking;
(c) All applicable building height, bulk, and area requirements of the district are met; and
(d) The structure shall be removed from the property upon completion of the first permanently built model home intended for display, or the completion of a renovation project and the issuance of an occupancy permit by the Building Official, but in no case shall the pre-manufactured dwelling remain beyond the time limitation specified above.
(4) Granting of permits. The Planning Commission, in granting permits for temporary uses described in this section, shall do so under the following conditions:
(a) The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district, nor on the property wherein the temporary use is permitted;
(b) The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of the temporary permit;
(c) All setbacks, land coverage, off-street parking, signage, lighting, and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience, and general welfare of the inhabitants of the township shall be made at the discretion of the Planning Commission;
(d) The use shall be in harmony with the general character of the area; and
(e) The Planning Commission may grant as an original condition the authority to renew a temporary permit that might be annual in nature, such as tent sales, sidewalk sales, firewood, or Christmas trees and other similar uses, to the Building Official. The annual renewal must comply with all conditions as first set by the Planning Commission. In the event that any of the conditions as set by the Planning Commission have not been complied with, or that a change has been made to an approved plan or that written complaints of the temporary use have been received, renewal must be obtained through the Planning Commission in the same manner as the original approval.
(5) Exemption. A temporary use that has been approved by the Township Board, on township owned property would be exempt from any approval from the Township Planning Commission.
(6) Notice.
(a) No temporary use permit shall be granted in an Agricultural or Residential District without first giving notice to owners of adjacent properties of the time and place of a public hearing to be held as provided for in § 153.217 above.
(b) A temporary use that is annual in nature where the Planning Commission has granted its renewal through the Building Official and is in compliance with all approved conditions may not be subject to additional public hearings as provided for in § 153.217 above.
(c) A public hearing would be required if written complaints have been received, the site plan has changed, or there are any violations of the conditions established by the Planning Commission.
(7) Review. The Planning Commission may seek the review and recommendations of the Township’s Planning Consultant and/or Township Attorney prior to approving any temporary use.
(8) Cash deposit. The Planning Commission may require a cash deposit from the applicant for a temporary use to reimburse the township for any costs incidental to the policing of the activity.
(9) Appeal. A decision on a temporary use by the Planning Commission may be appealed directly to the township's Zoning Board of Appeals.
(Ord. 99, passed 11-18-1996, § 22.20; Am. Ord. 145, passed 1-17-2006; Am. Ord. 174, passed 11-10-2008; Am. Ord. 21-006-153.006 et seq., passed 10-19-2021)