Vice Mayor Byington explained that this is the first reading of an ordinance to amend the Oakwood Zoning Code. It would create a definition and provide specific regulations for the placement and use of Temporary Outdoor Restroom Facilities, commonly known as “porta-potties.” They are already permitted under the general accessory structure regulations of the Zoning Code, but there are no specific definitions or regulations to treat them differently than any other type of accessory structure. City staff is recommending provisions that will define Temporary Outdoor Restroom Facilities and establish clear rules as to permitted locations, duration, maintenance, and public visibility.

The Planning Commission reviewed these proposed changes at a public hearing on June 5, 2024 and has recommended that they be approved by Council. Council will conduct a public hearing tonight, and then bring the ordinance back for its second reading at the August 5 meeting.

Public Hearing. Mayor Duncan introduced the public hearing for Application 24-3. He explained the public hearing process and shared that Mr. Jacques will present a staff report on proposed text amendments to the Zoning Code to create a definition and provide specific regulations for the placement and use of Temporary Outdoor Restroom Facilities, commonly known as “porta-potties.”

Mr. Jacques shared that Temporary Outdoor Restroom Facilities are permitted under the general accessory structure regulations of the Zoning Code, but there are no specific definitions or regulations to treat them differently than other types of accessory structures. City staff is recommending provisions that will define Temporary Outdoor Restroom Facilities and establish clear rules as to permitted locations, duration, maintenance, and public visibility.

The proposed regulations would allow city staff to address issues relating to permitted locations, duration, maintenance, and public visibility. The amendment also specifies where temporary facilities are permitted in residential and business districts, subject to design and performance standards.

Mr. Jacques highlighted the proposed design and performance standards. The temporary facilities may only be placed in residential side or rear yards; can only be installed three days before construction; must be removed no more than three days after construction is complete; and must be removed after work has not been done on the property for seven days. Temporary facilities must be regularly serviced and maintained. The Building Commissioner will have the right to request service or maintenance logs to verify that the facility is regularly emptied and cleaned so it does not become a public nuisance. The proposed amendment would also exempt anything approved as part of a special use, temporary use, or planned development, and there is some discretion vested in the Building Commissioner to approve alternative locations as long as they can be appropriately screened or hidden.

Mr. Stephens asked if a new permit would be needed if work restarted after seven days of inactivity and the temporary facility was removed.

Mr. Jacques said that it would depend on the circumstances. More than likely, if it is for the same project a new permit would not be required.

Mayor Duncan opened the public hearing.

There were no visitors wishing to testify.

Mayor Duncan closed the public hearing.

This was a first reading of the ordinance, so Vice Mayor Byington made no motion. Council will do a second reading of the ordinance at the next meeting on August 5, 2024.