(a) Model homes or sales offices. Model homes or sales offices are permitted within all residential subdivisions and condominium developments provided the model home or sales office obtains a Temporary Use Permit and meets the requirements below:
(1) No exterior lighting other than usual and customary residential lighting shall be permitted at the model home after 9:00 PM.
(2) Model homes and sales offices shall be permitted during active construction projects where two or more new homes are constructed per year. Once construction is completed, the model home and sales office shall be converted to a home that can be offered for sale to the general public.
(b) Temporary offices and equipment sheds for contractors. Temporary offices including mobile offices for contractors and equipment sheds incidental to construction projects may be permitted within any district provided a building permit for the construction has been issued by the Building Department and a Temporary Use Permit has been issued by the Zoning Inspector. No more than one temporary office and one equipment shed may be permitted without permission of the Zoning Inspector. The Zoning Inspector may issue a permit for multiple offices and sheds based on the scope of the construction project. Temporary offices and equipment sheds shall be removed within seven (7) days of completion of the construction project or within 24 hours if construction stops for more than thirty (30) days. If the Temporary Use Permit expires prior to the completion of construction, the Permit must be renewed or the office(s) and/or equipment shed(s) removed within 24 hours of expiration of the permit.
(c) Seasonal merchandise sales. Seasonal merchandise sales shall be permitted in the General Commercial, Limited Industrial, and Restricted Industrial zoning districts. Such sales shall be conducted in compliance with the following standards:
(1) Conditional Use Permit Required. A Conditional Use Permit must be obtained from the Planning and Zoning Commission in accordance with Chapter 1181.
(2) Duration. The maximum duration of seasonal merchandise sales shall be up to 35 days, the exact duration to be determined by the Planning and Zoning Commission as a part of the Conditional Use Permit.
(3) Hours of operation. Seasonal merchandise sales shall be allowed on a daily basis and may operate only between the hours of 10:00 AM and 8:00 PM.
(4) Parking. Parking at a ratio of one space for each 2,000 square feet of lot area used for seasonal merchandise sales shall be provided at the property where the seasonal merchandise sales occur.
(5) Temporary structures. Temporary structures shall be permitted subject to the review and approval of the Planning and Zoning Commission.
(6) Site cleanup. During the course of the seasonal sale, the site shall be maintained free of trash and other debris. After the seasonal merchandise sales event is completed or after expiration of the duration specified in the Conditional Use Permit, whichever first occurs, all associated structures and trash shall be removed from the site within 24 hours.
(d) Portable vending food carts. Freestanding, portable vending food carts shall be permitted in the Restricted Industrial, Limited Industrial, and Planned Industrial District (PID) zoning districts. Such operations shall be in compliance with the following standards:
A. A physical description of the cart including a color photograph or rendering;
B. A detailed description of the goods from the cart;
C. A list of the days and hours of operation; and,
D. A site plan showing where the cart and refuse containers will be placed on the property and how the refuse containers will be screened.
(2) Mobile Food Vending Permit required. A Mobile Food Vending Permit must be obtained from the Zoning Inspector following issuance of a Conditional Use Permit from the Planning and Zoning Commission.
(3) Number. No more than one cart may be located on a property at a time.
(4) Removal of cart. All carts shall be removed from the site within one hour of the end of the operating hours established in Chapter 1171.07(d)(7) herein or whenever the cart is closed for the day, whichever comes first.
(5) Location.
A. Carts shall be located on private property and shall not block pedestrian walkways, drive aisles, fire routes, or entrances or exists.
B. Carts shall not be located on a vacant lot. They must be on a lot with an occupied building.
C. Carts shall not be located in a manner that obstructs the lines of site at intersections and driveway entrances or exists.
D. Carts shall be a minimum of twenty (20) feet from the edge of the public right of way. When no right of way exists, carts shall be a minimum of forty (40) feet from the edge of the pavement.
E. Carts shall be a minimum of twenty (20) feet from any lot line unless the lot is adjacent to a residential use in which case carts must be a minimum of fifty feet (50) feet from any lot line.
F. Carts must be located on a paved surface but may not be located on a required parking space. If more parking is provided at the site than is required by Chapter 1169, the cart may be located in one of these additional spaces provided there is adequate area for pedestrians to safely access the cart and wait for service.
(6) Seating. Seating or tables for customers shall not be provided.
(7) Hours of operation. Carts may operate from 7:00 AM to 10:00 PM, unless otherwise granted by the Planning and Zoning Commission, in the Restricted Industrial, Limited Industrial, and Planned Industrial District (PID) zoning districts.
(9) Outdoor storage. Outdoor storage of materials for the cart will not be permitted. Temporary structures may be permitted subject to the review and approval of the Planning and Zoning Commission.
(10) Site maintenance and refuse containers. The cart operator shall maintain the area in a clean and attractive manner, ensuring that all refuse is collected and disposed of in proper containers. Refuse containers shall be provided near the cart and shall be screened from view of the public rights of way.
(e) Portable on-demand temporary storage units. Portable on-demand temporary storage units are permitted in all zoning districts provided a Temporary Use Permit has been issued and the following restrictions are met.
(1) Definitions. The following definitions shall apply to this Section herein:
A. "Applicant" shall mean the person that owns, rents, occupies, or controls the property and obtains the required permit for a portable temporary storage unit.
B. "Portable temporary storage unit" shall mean temporary, transportable storage units designed and used primarily for temporary storage of building materials, goods, personal items and other materials for use on a limited basis on the property. Accessory structures such as sheds are not considered portable temporary storage units. Job trailers or tool sheds sited in conjunction with a building project shall not be regulated by this Section.
C. "Supplier" shall mean the company or vendor which supplies the portable temporary storage unit to the property.
(2) Duration. Permits shall be granted for a period of seven (7) consecutive days including the days of delivery and removal. No more than two (2) permits shall be issued within any twelve (12) month period, and a minimum of thirty (30) days shall elapse between the end of one (1) permit period and the beginning of another. If the property owner has an active building permit, a permit may be issued for up to forty-five (45) days. In the event of fire, tornado, or natural disaster causing substantial damage to the structure, the property owner may apply to the Zoning Inspector for permission to extend the time that a portable temporary storage unit may be located on the property. Application for such extended duration shall be made in writing and filed with the Zoning Inspector, and shall give sufficient information to determine whether such extended duration should be granted. In the event of an adverse decision by the Zoning Inspector, the applicant may appeal such decision to the Planning and Zoning Commission.
(3) Location. Portable temporary storage units shall not be placed on a public street, road, alley, or right-of-way. The unit shall be placed only on a hard-surfaced driveway or parking area and shall not be placed in a way that interferes with the property ingress or egress, the sight triangle, or creates a traffic hazard for neighboring property owners. In non-residential districts, the unit shall not be placed in the front yard setback.
(4) Size and number of units. Such unit shall not exceed eight feet six inches (8'6") in height, ten feet (10') in width, or twenty feet (20') in length. No more than one (1) portable temporary storage unit may be located on a property at one time. In the case of a two-family, or multi-family dwelling, no more than one unit per address shall be permitted.
(5) Use and maintenance. No portable temporary storage unit shall be used as a dwelling unit, for retail sales, or to store solid waste, construction debris, demolition debris, recyclable materials, or any other illegal or hazardous material. The applicant, as well as the supplier, shall be responsible for ensuring that the unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.
(f) Construction waste receptacles. Construction waste receptacles may be located on property in conjunction with a valid building permit for a building or site improvement project, or for home improvement projects that do not require a building permit such as window replacement.
(1) No more than one (1) construction waste receptacle may be located on a single-family residential property at one time. In the case of a two-family, or multi-family dwelling, no more than one unit per address shall be permitted. More than one (1) construction waste receptacle may be located on commercial and industrial property based on the scope of the project.
(2) The receptacle must be placed on a hard surfaced drive or parking area, and may remain on site only during active construction or improvements.
(3) The receptacle(s) cannot be located on single-family or multi-family residential property for more than seven (7) consecutive days or commercial and industrial property for more than thirty (30) days without permission of the Zoning Inspector. The Zoning Inspector can grant an extension provided construction is underway.
(4) The receptacle(s) must be removed within 24 hours if construction stops for more than thirty (30) days.
(g) Portable toilets.
(1) Definition. A portable toilet is defined as an independent, portable, self-contained outhouse usually made of molded plastic.
(2) Use. Portable toilets can be placed on property in any zoning district provided there is active construction or for a large event or gathering.
(3) Number permitted. No more than one (1) portable toilet is permitted in single family zoning districts. In all other zoning districts, the regulations of the Occupational Safety and Health Administration (OSHA) shall apply.
(4) Duration. Portable toilets must be removed within 24 hours of the completion of the construction project or large event or gathering.
(Ord. 37-13. Passed 8-12-13.)