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(a) Carnivals, circuses, fairs, festivals and other similar gatherings shall be permitted for a maximum period of ten (10) days in any GB General Business, or RB Regional Business zoning district upon the approval of a Tent and Festival permit application by the Zoning Administrator. Approval of a permit shall require the following:
(1) Written consent of sixty percent (60%) of all residential property owners within 500 feet of the temporary use from such gathering.
(2) Approval of tents by the Trotwood Fire Department if applicable.
(3) Approval of any electrical hookups by the Montgomery County Department of Building Inspection.
(4) Approval of a Public Safety Plan by the Trotwood Police Department.
(5) Liability insurance in the amount of one million dollars ($1,000,000).
Such activities shall be exempt when authorized by Council or when sponsored in whole or in part by Council.
(b) Temporary sales offices, which are open to the general public, including mobile homes, shall be permitted only as follows:
(1) In a subdivision of not less than five acres.
(2) When located at least 300 feet from any existing residential dwelling; and
(3) When connected to on-site water and sewer utility hookups. Such offices shall be permitted for a maximum six (6) month period of time.
(c) Temporary construction offices, which are not open to the general public, including mobile homes and mobile trailers used for that purpose, shall be permitted in any subdivision provided such use is situated only upon the lot where construction activity is permitted to occur. Such office shall be permitted for a maximum six (6) month period of time or only until the approved construction is completed.
(d) Temporary Outdoor Sales.
(1) The temporary outdoor sales of items such as produce, lawn and garden supplies, seasonal items and similar items thereof shall be permitted on the premises of retail outlets located in any business district when incident to the principal business conducted thereon and sales are made only by employees of the principal business. The sale of any agricultural produce shall be permitted on any property on which it is produced or grown. All such sales shall be subject to the following conditions:
A. No portion of the display shall be on or over publicly owned property or right-of-way.
B. No required off-street parking space or loading area shall be utilized for display, storage or dispensing.
C. A permit is obtained from the Zoning Administrator and a twenty- five dollar ($25.00) permit fee is paid. Said permits shall remain in effect for so long as the approved use or uses remain unchanged as to type, location and area and the activity has not been adjudged to be a nuisance or in violation of any provisions of this Zoning Ordinance.
(2) Farmers Markets offering outdoor sales of farm produce, homemade foodstuffs such as breads, cakes, pies, pastries and similar items, flowers and other items handmade and not store bought. Farmers Markets are subject to the following conditions:
A. Individual vendor stands, tents, stalls, etc. may be located only in non-Residential Zoning Districts.
B. No off-street parking spaces required by the use on which property the Market is located may be used for display, sales or storage by the Market vendors.
C. Vendors shall be required to provide adequate parking for the Market during the operation of the Market.
D. Farmers Markets may operate no more than two days per week.
E. Vendors shall be responsible for complying with all requirements of the Montgomery County Health Department.
F. Scales used for weighing products sold shall have a current certification from the Greene County Auditor’s Office.
G. A Temporary Use Permit shall be obtained by each vendor from the Zoning Administrator and a twenty-five dollar ($25.00) permit fee shall be charged each vendor. Said permits shall expire on December 31st of each year.
(e) Portable storage units may be placed in Residential Districts for a period of time not to exceed thirty (30) days per year, unless otherwise approved, subject to the following conditions:
(1) Portable storage units may be located only on the driveway of the property where the unit is being used for temporary storage.
(2) An application for temporary use permit shall have been submitted by the property owner and approved by the City prior to locating the unit on the property.
(3) In instances where the property owner can demonstrate that unusual circumstances create a need to place the unit on the property for a period longer than thirty days, the Zoning Administrator may issue a temporary use permit for a period longer than thirty (30) days, but in no instance may a permit be issued for a period longer than one hundred eighty (180) days.
(4) When the Zoning Administrator approves an extension of the expiration date of a temporary use permit for a Portable Storage Unit, the Zoning Administrator shall submit to the Board of Zoning Appeals at its next regular meeting a written report detailing the circumstances for the issuance of the extension.
(f) Tents: Exemptions.
(1) The use of a tent for any purpose shall require a Tent Permit, unless all of the following provisions are met:
A. The tent does not exceed 100 square feet in area.
B. The fabric of the tent is certified as meeting the flammability standard known as “CPAI-84”.
C. The tent will be located at least 20 feet from all property lines, buildings and parked vehicles.
(2) Unless exempt under Section 1189.09 (f) (1) above, a detailed site plan shall be submitted with the application form and must include:
A. Inside dimensions of the tent.
B. Location of tent to property lines, buildings, other tents & canopies, parked vehicles and internal combustion engines.
C. Parking and equipment area.
D. Location and size of exits and aisles.
E. Seating plan.
F. Location of lighting and heating (if used).
G. Fire extinguisher locations.
H. Location of “No Smoking” signs.
I. Certificate of Flame Retardant.* **
* The structure shall have a permanently affixed label bearing the following information:
1. Identification of temporary membrane structure, tent or canopy, size or fabric or material type.
2. For flame-retardant-treated materials, the date that the temporary membrane structure, tent or canopy and other combustible materials were last treated with an approved flame retardant.
3. The trade name and type of flame retardant utilized in the flame-retardant treatment.
4. The name of the person and firm that applied the flame retardant.
** If the structure does not have the above described label, the applicant must submit a Certificate that the tent meets the flammability standards of CPAI-84.
(3) If required, a Temporary Use Permit shall be granted in compliance with Section 1189.09 (a) or (d).
(4) All tents require inspection by Trotwood Fire Department before use. A copy of the approved tent permit shall be forwarded to the Fire Department by the Zoning Administrator, but it is the responsibility of the applicant to contact the Fire Department to schedule an inspection.
(Ord. 34-19. Passed 12-2-19.)