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; and must be removed no more than three days after construction is complete. 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 taken care of so it does not become a public nuisance. There is an exception for public athletic facilities operated by a governmental entity, such as the temporary facilities where the baseball and softball diamonds are. The proposed amendment would also exempt anything approved as part of a special use, temporary use, or planned development.

Mr. Byington asked if a temporary outdoor facility could be approved for a block party.

Mr. Jacques explained that a block party is a form of a temporary use. If needed, the block party application could be amended to include information about requesting a temporary facility. The facility may then be approved as part of the temporary use.

Mr. Hill asked if restroom trailers are permitted at larger events.

Mr. Jacques explained that Zoning Code has an existing provision allowing temporary events to request larger trailers, including the kind of restroom trailers that are seen at larger events. The amendments currently being proposed are for one-person stalls.

Mrs. Gowdy asked if city staff would work with property owners to find the best location regardless of yard.

Mr. Jacques shared that this is not built into the amendment for residential properties because there should be some way to get the temporary facility into the rear or side yard. For non-residential uses, the Building Commissioner has some authority to waive the required yard placement and allow for a different yard as long as it can be properly screened and will not cause health, safety or welfare issues of any kind in the neighborhood. Mr. Jacques said that he could adjust the wording to say that the Building Commissioner has the authority to waive the yard requirement in any zoning district as long as it can be properly screened, so it applies to both residential and commercial properties.

The Planning Commission agreed with this change.

Mr. Jacques noted that the Planning Commission could also approve deviations to Temporary Outdoor Facilities as part of a major site review analysis.

Mr. Jacques asked the Planning Commission to follow the decision standard as listed in Section 1003.6(B) of the Oakwood Zoning Code. The Code states “Text amendments shall be reviewed for consistency with the purposes of (the Zoning Code), the Comprehensive Plan, and interests of the city of Oakwood as a whole.”

Mrs. Gowdy closed the public hearing.

Mr. Byington asked if Mr. Lauterbach had any concerns as an architect who is familiar with contractor needs.