Temporary uses are permitted in each zoning district subject to the applicable regulations of the district in which the use is permitted. A zoning or occupancy certificate shall be obtained pursuant to the provisions of this Zoning Code. The following temporary uses are permitted, subject to the limitations indicated:
(a) Christmas tree sales in any district for a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the yard and setback requirements of this Zoning Code. However, no tree shall be displayed within thirty (30) feet of the intersection of the curb line of any two (2) streets.
(b) Contractor's office, trailer, and equipment shed (containing no sleeping or cooking accommodations) accessory to a construction project, only until the issuance of the certificate of occupancy.
(c) Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development, to continue only until the sale or lease of all dwelling units.
(d) Seasonal garden center retail outlets for a period not to exceed ninety (90) consecutive days in any one hundred eighty (180) day period, subject to the following conditions:
(1) Retail sales only, limited to plants in containers and prepackaged garden supplies. No storage or sale of bulk products is permitted.
(2) No portion of the display shall be on or over publicly owned property.
(3) No required off-street parking space or loading area shall be utilized for display, storage or dispensing.
(e) Seasonal sale of farm produce for not more than five (5) months per year. Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are removed or moved back from the required front yard at the end of the season during which they are used.
(f) Festival sponsored by nonprofit organizations in any district for a period of only four (4) days. Such use need not comply with the front yard requirements. However, structures or equipment which might block the view of operators of motor vehicles on the public streets shall not be located within thirty (30) feet of the intersection of the curb line of any two (2) streets, alleys or at points of intersecting ingress or egress.
(g) Tents in any district for permitted uses of that district provided such use is not conducted within a tent for a period of not more than fourteen (14) consecutive days in any ninety (90) day period subject to approval by the Troy Fire Department.
(h) Garage sales, including patio, basement, yard, or block sales, subject to the following requirements:
(1) Hours of Operation. Garage sales may be held from 8:00 a.m. to 8:00 p.m. Items associated with such sales shall not remain outside an enclosed building before or after such sale hours.
(2) Length of Sales. No garage sale may extend for more than three (3) consecutive days (or portion thereof).
(3) Number of Sales. No more than two (2) garage sales per dwelling unit may be held on any such zoning lot in any calendar year.
(4) On-Premise Sign. One (1) non-illuminated sign not exceeding four (4) square feet in size, or more than three (3) feet in height above grade may be displayed on the property where the sale is being held.
(5) Off-Premises Signs. A maximum of two (2) off-premises directional-type signs may be used in conjunction with such garage sale providing they do not exceed two (2) square feet per sign, are limited in number to not more than one (1) such directional sign per collector or arterial type roadway, and are not located in the public right-of-way. All signs shall be removed within twenty-four (24) hours following the conclusion of the garage sale.
(6) Attention-Getting Devices. Balloons, streamers, special lighting, noise making devices or other similar advertising displays or notices shall not be used to call attention to the garage sale.
(7) No permit is required for garage sales.
(i) An open-air carnival or tent circus, only for a period not exceeding thirty (30) days.
(j) Promotional activities of retail merchants involving the display of goods and merchandise may be conducted outside of enclosed buildings for a period of not more than fourteen (14) days in any three (3) month period. Goods and merchandise that will be used in the promotional activity and are also for sale within the building may be displayed in the area immediately adjacent to the building subject to the following conditions:
(1) No portion of the display shall be on or over publicly owned property.
(2) No required off-street parking space or loading area shall be utilized for such display, storage, or dispensing.
(3) No food or drink shall be dispensed outside the building except in accordance with standards and prior written approval of the Miami County Health Department. (Ord. 15-2009. Passed 6-15-09.)
(k) A portable storage unit may occupy a lot or premises as a temporary use accessary to a principal permitted use for not more than 30 consecutive days. Notwithstanding the foregoing when the portable storage unit is being used to store personal property as the result of a calamity (e.g. fire, flood, or other event where there is significant property damage) or other extenuating circumstances, in which case the Zoning Administrator may extend the time period in accordance with the duration and frequency of the general provisions stated within this section. The following restrictions shall apply in all cases:
(1) A portable storage unit shall be located on a hard surface, shall not be located within the public right-of-way, shall not be located nearer than ten feet to any public right-of-way, and shall not be located in a manner that creates sight distance hazard, or otherwise obstructs vehicular or pedestrian use of a public facility.
(2) A portable storage unit shall not exceed eight feet in height or eight feet in width or 15 feet in length.
(3) A portable storage unit shall be securely locked at all times other than during actual loading or unloading of items being stored in the unit.
(Ord. 17-2014. Passed 7-7-14.)