(1) Purpose
This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses or structures do not negatively affect adjacent properties, and provided that such uses or events are discontinued upon the expiration of a set time period. Temporary uses and structures shall not involve the construction or alteration of any permanent building or structure.
(2) General Standards for Temporary Uses and Structures
Temporary uses or structures shall:
(a) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
(b) Be compatible with the principal uses taking place on the site;
(c) Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
(d) Not include permanent alterations to the site;
(e) Not maintain temporary signs associated with the use or structure after the activity ends;
(f) Not violate the applicable conditions of approval that apply to a site or use on the site;
(g) Not interfere with the normal operations of any permanent use located on the property; and
(h) Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement.
(3) Table of Allowed Temporary Uses and Structures
Table 154.06-2 summarizes allowed temporary uses and structures and any general or specific standards that apply. Temporary uses or structures not listed in the table are prohibited.
Temporary Use or Structure | Districts | Allowable Duration (per site) | Permit Required | Additional Requirements |
Temporary Use or Structure | Districts | Allowable Duration (per site) | Permit Required | Additional Requirements |
Construction Dumpster | All Districts | Until issuance of a certificate of occupancy | None | § 154.06(B)(4)(a) |
Construction Trailer or Office | All Districts | Until issuance of a certificate of occupancy | Zoning Compliance Permit | § 154.06(B)(4)(b) |
Garage/Yard Sales | All Residential Zoning Districts | Maximum of 4 consecutive days, 3 times per calendar year | None | § 154.06(B)(4)(c) |
Gravel Surface Parking Lots | All Districts | Until issuance of a certificate of occupancy | None | § 154.06(B)(4)(d) |
Real Estate Sales/Model Homes | All Districts | Until issuance of the final certificate of occupancy | Zoning Compliance Permit | § 154.06(B)(4)(e) |
Seasonal Agricultural Sales | OS, GB, HB, LI, and LD Districts | 100 days per calendar year | Zoning Compliance Permit | § 154.06(B)(4)(f) |
Sidewalk Sales | CC, GB, and HB Districts | Maximum of 2 consecutive days, 30 calendar days | Zoning Compliance Permit | § 154.06(B)(4)(g) |
Temporary Events | See § 154.06(B)(4)(h). | Zoning Compliance Permit | § 154.06(B)(4)(h) | |
Temporary Storage in a Portable Container | All Districts | Maximum of 14 consecutive days | None | § 154.06(B)(4)(i) |
Temporary Structure for Institutional Uses | All Districts | 3 years | Site Plan Review | § 154.06(B)(4)(j) |
Other Temporary Uses | Any other use, temporary in nature, which the Zoning Administrator deems as beneficial to the public good and which does not impair the public health, safety and welfare. | |||
(4) Specific Regulations for Certain Temporary Uses and Structures
(a) Construction Dumpster
Temporary trash receptacles or dumpsters related to construction shall:
(i) Only be located on the site where the related construction is taking place;
(ii) Be located to the side or the rear of the site, to the maximum extent practicable;
(iii) Be located as far as possible from lots containing existing development;
(iv) Not be located within a floodplain or otherwise obstruct drainage flow; and
(v) Not be placed within 5 feet of a fire hydrant or within a required landscaping area.
(vi) Construction dumpsters shall not be located within a public right-of-way to the maximum extent feasible. A dumpster may be placed in the right-of-way if the Tipp City Police Department reviews and approves the application in addition to the Zoning Administrator. The Zoning Administrator and Police Department may require special signage, lighting, markings, or other conditions for safety purposes.
(b) Construction Trailer or Office
Construction trailers or offices may be permitted on a construction site provided that the trailer is:
(i) Located on the same site or in the same development as the related construction;
(ii) Not located within a required open space set-aside or landscaping area; and
(iii) Associated with a development subject to a valid building permit.
(c) Garage/Yard Sales
Temporary garage sales shall be subject to the following regulations:
(i) There shall be a minimum of 1 month between any 2 garage sales on a single lot.
(ii) No fee or other charge shall be imposed upon members of the public attending any such sale.
(iii) Only 1 sign shall be permitted on the premises of the sale. Such sign shall have a maximum sign area of 4 square feet and shall not exceed 3 feet in height.
(iv) Balloons, streamers, special lighting, noise making devices or other similar advertising displays or notices are prohibited.
(v) Attachment of signs to utility poles and traffic signs is prohibited. No sign shall be placed in a curb lawn area.
(vi) Public auctions and moving sales shall be permitted for not more than 1 week per calendar year on any given lot.
(d) Gravel Surface Parking Lot
(i) A gravel surface parking lot may be permitted while a site is under construction but shall only be permitted in areas for parking as established in the approved site plan.
(ii) The gravel parking area must be paved in accordance with § 154.10(C)(5) or the approved site plan prior to the issuance of the certificate of occupancy. The applicant may also remove the temporary gravel surface parking lot as an alternative to paving.
(iii) A solid surface or gravel driveway shall be provided so vehicles may access the parking lot from a public street.
(e) Real Estate Sales Office/Model Home
One temporary real estate sales office or model home per builder or developer shall be permitted in a section or phase of a new residential or nonresidential development, provided that the use:
(i) Is located on a lot where a preliminary plat has been approved by the Planning Board and no change in title take place;
(ii) Complies with all of the applicable standards of this code for the final residential use;
(iii) Is operated by a developer or builder active in the same phase or section where the use is located; and
(iv) Is removed or the model home is converted into a permanent residential use upon completion of construction and issuance of the last certificate of occupancy.
(f) Seasonal Agricultural Sales
Seasonal agricultural including the sale of such items as Christmas trees, pumpkins, seasonal produce, and similar agricultural products, may be permitted in accordance with the following standards:
(i) The property contains an area not actively used that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, traffic movements, or parking-space availability.
(ii) The sale of goods shall be set back a minimum of 30 feet from all rights-of-way and 200 feet from any residential dwelling unit.
(iii) The range of goods or products available for sale shall be limited to non-processed products obtained primarily through farming or agricultural activities, including, but not necessarily limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest products, including Christmas trees, and firewood; bees and beekeeping products; seafood; and dairy products.
(g) Sidewalk Sales
No merchandise shall be placed on a sidewalk in a manner that obstructs safe pedestrian circulation. There shall be a five (5) foot minimum walkway for pedestrians to pass the merchandise and/or any public facilities (i.e. fire hydrants, utility poles, park benches, street trees, traffic signs, and trash receptacles, etc.) without stepping off of the sidewalk or curb.
(h) Temporary Events
Temporary events may be permitted on private property within the city if the event complies with the following standards:
(i) Major events such as carnivals and circuses are permitted in all business zoning districts and in the CD District.
All activities related to such event shall be set back a minimum of 500 feet from any adjacent residential lot line. The temporary use permit shall limit the event to no more than 14 consecutive days.
(ii) Other events such as festivals related to public and institutional uses (e.g., schools, parks, and religious places of worship), concerts, weddings, and auctions are permitted in all districts subject to the requirements of this section. The temporary use permit shall limit the event to no more than 14 consecutive days.
(iii) Outdoor meetings or assemblies for religious places of worship are permitted in all districts subject to the requirements of this section. The temporary use permit shall limit the event to no more than 30 consecutive days.
(iv) Block parties are permitted without a temporary use permit provided the party does not close down or block a public street or access to a public property. Any block party that will take place on a public street or public right-of-way shall be required to submit a street closing form (available from the City Manager), and receive approval of such closure, prior to the block party.
(v) All temporary events shall be subject to the following requirements. The Zoning Administrator may waive any of these requirements with a finding that they are not applicable due to the nature of the specific event.
A. Documentation from the Health Development of Miami County that adequate arrangement for temporary sanitary facilities has been insured must be provided.
B. No permanent or temporary lighting shall be installed without an electrical permit and inspection. Such lighting shall be located and shielded so as to not shine directly into adjacent properties or buildings.
C. All uses shall be confined to the dates specified in the permit.
D. Hours of operation shall be confined to those specified in the permit. The Zoning Administrator shall have the authority to reasonably limit the hours of operation based on the specific event and surrounding uses.
E. The site shall be cleared of all debris at the end of the special event and cleared of all temporary structures within 30 days after the closing event. A cash bond for a minimum of $25 and not to exceed $5,000, as determined by the Zoning Administrator, shall be posted or a signed contract with a disposal firm shall be required as a part of the application for a temporary zoning permit to ensure that the premises will be cleared of all debris during and after the event.
F. Public parking for the exclusive use of the facility shall be provided, and a stabilized driveway to the parking area shall be maintained. It shall be the responsibility of the applicant to guide traffic to these areas and to prevent patrons from unlawful parking.
G. Traffic control arrangements and/or the closing of portions of public street shall be reviewed by the Tipp City Police Department.
H. Serving of alcoholic beverages shall be prohibited without a permit from the Ohio Liquor Commission.
(vi) A cash bond for a minimum of $25 and not to exceed $5,000 shall be posted with the city to insure the repair of any damage resulting to any public right-of-way as a result of the event. The City Manager may waive such requirement with a finding that the bond is not necessary due to the nature of the specific event.
(i) Temporary Storage in a Portable Container
Storage containers that are loaded with materials and placed on a property for the purpose of temporarily storing materials are permitted with the following regulations:
(i) Portable storage containers shall be kept in the driveway of the property at the furthest accessible point from the street. The location of the portable storage container on a driveway shall not obstruct visibility nor block the sidewalk. If no driveway is present, approval from the Zoning Administrator for the placement of the portable storage container prior to its delivery is required.
(ii) Only 1 portable storage container shall be placed at any residential property at 1 time.
(iii) The Zoning Administrator, upon good cause shown, may approve a one-time extension of the temporary zoning permit for an additional 14 days. Portable storage containers shall not be located on any parcel for a period exceeding 28 days per calendar year.
(j) Temporary Structure for Institutional Uses
Temporary structures serving public or institutional uses shall comply with the following standards:
(i) The use shall be located to the side or rear of the principal structure(s) and shall be set back at least 10 feet from any other building or structure.
(ii) The structure shall not be placed in a required landscaping area nor shall it reduce the amount of parking spaces available below the minimum required by § 154.10(C)(4)(b).
(iii) Under skirting or other materials shall be used to prevent unauthorized access underneath the structure.
(iv) The use shall not be required to be compatible with the existing principal structure exterior colors or materials.
(v) This use is permitted if approved by the Zoning Administrator as part of a site plan review process.
(vi) The structure may remain on the site for no more than 3 years. This period may be renewed for 2, 1-year periods, for good cause shown, upon approval of a written request, submitted to the Zoning Administrator prior to the expiration of the zoning permit. In no event, however, shall such extensions allow the temporary structure to remain on the site for more than 5 years.
(Ord. 5-14, passed 3-17-2014; Am. Ord. 23-17, passed 11-6-2017)