(a) Purpose. Temporary uses shall be permitted in applicable zone districts by the grant of a Zoning Permit issued by the Zoning Administrator in accordance with the requirements of this section. Failure to obtain a zoning permit shall be a violation of this Ordinance.
(b) General Provisions.
(1) The duration of the temporary period is stated hereinafter, provided, however, renewal of such permit may be requested.
(2) Temporary uses shall be subject to all site development regulations of the applicable zoning district.
(3) No required off-street parking space(s) shall be occupied by the temporary use.
(c) Permitted Temporary Uses. Permits shall be required, unless otherwise exempted, for the following temporary uses, provided that they meet these requirements:
(1) Construction Facilities.
A. Construction trailer, shed or staging yard area incidental to a construction project.
B. The trailer, shed or staging yard area shall be located on the lot on which construction takes place unless otherwise approved by the City Manager.
C. The trailer, shed or staging yard shall not be located within twenty-five (25) feet of any abutting residential or non-residential structure and shall meet the setbacks of the district in which it is located.
D. A trailer shall be limited to one (1) in a residential district and two (2) in a non-residential district and only be used for a field office and for the temporary storage of building materials and equipment necessary for the construction site.
E. A maximum of an eight (8) foot high temporary fence is permitted around the boundaries of the construction site.
F. Such fencing, trailer, shed or staging yard shall be removed within thirty (30) days once that construction ceases.
G. On-site sanitary facility shall not be located within ten (10) feet of any property line or right-of-way line.
(2) Temporary Shelter.
A. When fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a mobile home located on the single-family lot during rehabilitation of the original residence or construction of a new residence is permitted.
B. Such temporary housing shall only be approved as part of the permit application for reconstruction and shown on a sketch plan.
C. Required water and sanitary facilities must be provided.
D. Maximum length of permit shall be six (6) months, but the zoning office may extend the permit for periods not to exceed sixty (60) days in the event of circumstances beyond the control of the owner. Application for extension shall be made at least fifteen (15) days prior to the expiration of the original permit.
E. The mobile home shall be removed from the property upon issuance of any occupancy permit for the new or rehabilitated residence even if the temporary use permit is still valid.
(3) Real Estate Sales Offices and/or Model Home Offices.
A. A Final plat for such development has been approved by Council.
B. Any such unit shall conform to all requirements for residential uses for the district in which it is located.
C. Infrastructure improvements to the lot for which a permit is being requested must be completed to the Engineering Divisions satisfaction for utilities and road access.
D. Offices shall be removed within one year of the completion of the most recent phase of the subdivision.
(4) Place of Worship or School Festivals.
A. All temporary stands, tents or rides shall not be located within twenty-five (25) feet of any property line.
B. Maximum length of permit shall be three (3) days.
C. Set-up for such festival shall not start more than seventy-two (72) hours prior to the event and shall be completely removed within forty-eight (48) hours after the event.
(5) Carnivals or Circuses.
A. Permitted in the General Business or Light Industrial zoning district and any property owned by the City of Oxford, Talawanda School District, or Miami University.
B. No structure or equipment shall be within 250 feet of any residential property line.
C. Maximum length of permit shall be seven (7) days.
D. Site plan, parking plan and any other health, fire, state or federal approvals required at time of request.
E. The person responsible for the operation of any such carnival or circus shall provide the City Manager in advance of the event date(s), any contact information in the event of an emergency and requests for any other special arrangements (i.e. road closures, police assistance or emergency personnel)
F. Upon completion of the temporary use, the site shall be cleaned, all evidence of the use(s) removed, and left in a condition that minimizes adverse impacts to the site itself and to surrounding properties.
(6) Auctions. (No permit required)
A. Auctions for the sale of personal property or land may be conducted at any individual location no more than once per year.
B. Every precaution shall be taken to control parking and keep attendees on the property being auctioned.
C. Such auction held in a non-residential district must be related to the business conducted on the property or the contents of the premises.
D. An auction house as the principle use is exempt from these requirements, but subject to the requirements of the district in which it is located.
(7) Garage Sales. (No permit required)
A. Garage sales are permitted in residential districts in order to allow residents to sell excess personal property.
B. Each garage sale shall not exceed four (4) days.
C. Only two (2) garage sales shall be permitted per calendar year at any individual location.
D. No person conducting a garage sale under the provisions of this Article shall sell or offer for sale any food or beverage for consumption on the premises. Food or beverage may be provided for such consumption at no cost to the consumer, but only if a permit is obtained in advance from the Health Department.
E. No fee or other charge shall be imposed upon members of the public attending any such sale.
F. One non-illuminated sign not exceeding four (4) square feet in size, no more than three (3) feet in height above grade may be displayed on the property where the sale is being held.
G. Special lighting and noise making devices or other similar advertising displays or notices shall not be used to call attention to the garage sale.
(8) Temporary Fences.
A. Temporary fences are permitted in the side or rear yard, not to exceed four (4) feet in height, for the purpose of a garden or animal containment only.
B. No permit shall be required.
(9) Christmas Tree sales.
A. Permitted in any Non-Residential district.
B. Maximum length of permit for display and open lots sales shall be forty-five (45) days.
(10) Tents (Residential).
A. Tents for graduations, weddings or other similar events are permitted for a period not to exceed three (3) days and no more than two (2) times a year.
B. No permit is required except for tents over 200 square feet.
C. Such tent shall be placed in such location that will not interfere with access drives into or within the property, or will reduce required parking spaces.
(11) Tents Sales (Non-Residential).
A. Tent Sales are only permitted in relation to the business conducted on the property.
B. Tents and all display items shall maintain a thirty (30)-foot setback from all adjacent thoroughfare rights-of-ways.
C. Such activities shall be placed in such location that will not interfere with access drives into or within the site, or reduce required parking spaces.
D. Tents are permitted for a maximum thirty (30)-day period per calendar year. No permits are required except as required by the Ohio Basic Building Code.
(12) Farmers' Markets (No permit required)
A. Seasonal merchandise, such as, but not limited to, plants, garden supplies, produce, pumpkins, fruit, vegetables, honey, maple syrup, may be sold outdoors within the General Business, and Light Industrial District.
B. Such activities shall be placed in such location that will not interfere with access drives into or within the site, nor will reduce space for required off-street parking facilities.
C. Such facilities and all display items shall maintain five (5') foot setback from the sidewalk or ten (10') foot setback from the back of curb, whichever is greater, so as not to impede traffic or affect sight visibility in and out of a parking area.
D. Typically held between March and October with the exception of Christmas tree sales.
E. One (1), six (6) square feet sign per vendor may be displayed at their respective stand.
F. One (1) ten foot by ten foot (10' x 10') tent or awning is permitted per vendor.
G. All tables, chairs and merchandise shall be loadable into a standard vehicle and shall be removed by dusk.
H. The following are exempted from these regulations:
1. The Uptown Farmers' Market authorized by City Council.
2. Any Farmers' Market authorized by Talawanda School Board on school property.
3. Any Farmers' Market on University property, authorized by the University.
(13) Temporary Sales, Roadside Stands or Transient Vendors.
A. Temporary or seasonal commercial activities, such as book sales/purchases, mattress sales, jewelry sales, art sales, craft, rug or food sales may be conducted outdoors only on private property in the General Business and Light Industrial Zoning Districts. Commercial activities in right of ways are prohibited in accordance with Section 735.01 of the Codified Ordinances.
B. Such activities shall be placed in such location that will not interfere with access drives into or within the site, nor will reduce space for required off-street parking facilities.
C. Such facilities and all display items shall maintain the underlying zoning districts front yard setback from all adjacent thoroughfare rights-of-ways so as not to impede traffic or affect sight visibility in and out of a parking area.
D. A maximum of one (1) twenty foot by twenty (20' x 20') tent or awning is permitted per vendor.
E. All tables, chairs and merchandise shall be secured within the tent upon the close of the operation hours.
F. Merchandise is prohibited from being sold directly out of a semi-trailer, box truck, moving van or other vehicle.
H. Permits will be issued for a maximum of fourteen (14)-days per vendor and per property, per calendar year.
1. Proof of approval from the land owner must accompany the application.
2. Proof of current vendors license in accordance with Chapter 705 of the Oxford Codified Ordinance.
(14) Vendors and Mobile Food Carts.
A. Vendors and Mobile Food Carts are specifically prohibited in any Residential district and the Uptown District unless approved by permit from the Office of the City Manager as part of a Charitable or Community event as defined in Section 735.01 of the Codified Ordinances.
(15) Portable Storage Containers. Containers designed for the temporary storage of property that can be moved by truck or trailer (including intermodal storage units).
A. No zoning certificate is required if portable storage containers are to be placed on the premise no more than seven (7) days. The Zoning Administrator may permit any portable storage container to be placed on a property for up to thirty (30) days, provided the property owner has an active building permit or has demonstrated the need. An additional fourteen (14) day extension may be granted provided the property owner demonstrates extenuating circumstances.
B. Any portable storage container must be located on a driveway or other hard surfaced area. Portable storage containers shall be a minimum of eight (8) feet from the back of the curb and shall not extend onto the sidewalk.
C. Calamity Exception. If the portable storage container is being used to store personal property as a result of a major calamity (e.g. fire, flood or other event where there is significant property damage), the City Manager may extend the time period allowed in subsection A. above.
(Ord. 3610. Passed 1-19-21.)