§ 153.101 TEMPORARY INDOOR AND OUTDOOR USES.
   (A)   Exempt activities. School fundraising activities are exempt from the special use permit requirements of this section. Private garage and yard sales, as defined in this chapter, in the AG or any business district are exempt from the special use permits requirements of this section.
   (B)   Evidence of ownership or permission. Evidence of ownership, lease, or permission for use of any site for which a temporary permit or approval is sought, must accompany all permit requests.
   (C)   Length of permit. A temporary permit may be granted by the Planning Commission for a maximum of three consecutive months. Additional temporary permits for the same proponent on the same site may be granted no sooner than one month following the expiration of the previous permit. The total time period for all temporary permits granted to one proponent shall not exceed six months in one calendar year.
   (D)   Stuctures - outdoor uses. Structures for the display of outdoor sales items are allowed provided they are not used for human shelter. Structures may not be used for an indoor sales area. One structure for storage of sales items is allowed under the following conditions:
      (1)   It is no larger than 150 square feet;
      (2)   There is no foundation;
      (3)   No portion of the structure may become unattached or move as a result of wind;
      (4)   It is anchored to withstand 30 pounds per square foot wind stress factor; and
      (5)   Structures of any kind must be removed prior to expiration of the permit.
   (E)   Structures - indoor uses. Structures for the display of indoor sales items are allowed provided they are not used for human shelter. One structure for sales items is allowed under the following conditions:
      (1)   There is no foundation;
      (2)   No portion of the structure may become unattached or move as a result of wind;
      (3)   It is anchored to withstand 30 pounds per square foot wind stress factor; and
      (4)   Structures of any kind must be removed prior to expiration of the permit.
   (F)   Uses requiring an official site plan and Planning Commission review. If the use is for greater than five days, within a 180 day period, a site plan must be submitted to the Planning Commission, and all other provisions of this section must be followed, but no fee is required. The owner of the property on which the temporary use is located is responsible for providing the site plan showing the temporary indoor or outdoor use and its conformance with chapter requirements. This site plan may be an addition to the original plan for the property. Any violations of the temporary use are the responsibility of the owner of the property on which it is located.
      (1)   Overnight residing on temporary site prohibited. The temporary site may not be occupied for more than 12 hours per day. In no event shall overnight occupation be permitted.
      (2)   Sanitary facilities. Sites selling items for human consumption must have access to hand washing and toilet facilities. Sites selling items not for human consumption must have access to toilet facilities only.
      (3)   Display of goods. Display and sale of goods may not be within the required yards for the zoning district.
   (G)   Uses not requiring an official site plan or Planning Commission approval. Private temporary outdoor uses and those associated with nonprofit organizations meeting the definition of NONPROFIT ORGANIZATIONS, in § 153.011, may be granted temporary use permits by the Zoning Administrator, at no cost to the organization if:
      (1)   The use is for five days or less within a 180 day period;
      (2)   A drawing of the site and description of activity is provided;
      (3)   No structures for display, sale or storage remain on the site other than during the hours of operation;
      (4)   The organization agrees by signature, to consent to the conditions outlined by the Zoning Administrator for this temporary outdoor use;
      (5)   As a result of the addition of a temporary use, the number of parking spaces shall not be reduced below the required number of parking spaces for the temporary use and permanent use combined; and
      (6)   The temporary use location must meet all yard requirements of the zone in which it is located.
(Ord. passed 11-16-2020)