As used in this chapter, the following definitions shall apply:

   (a)   "Long-term use" means any use of one or more self-contained portable toilets for a period of more than seven consecutive calendar days.

   (b)   "Self-contained portable toilets" means one or more commercially manufactured or assembled toilet facility that is portable and is not designed or intended for connection to a sewer system with a standard connection. Portable toilets shall have a water tight, impervious pail or tank containing a chemical solution placed immediately beneath the seat or urinal and a pipe or conduit connecting the riser with the tank.

   (c)   "Site" means any property or properties, consisting of one or more lots, whether developed or undeveloped, that make up an individual location. Examples of sites include but are not limited to a parking lot or lots, a business or industrial location consisting of one or more buildings, and a residential property consisting of one or more lots.

   (d)   "Temporary use" means any use of one or more self-contained portable toilets for a period of seven calendar days or less.

   (e)   "Use" means the presence of one or more self-contained portable toilets on a site which are intended for use, even if not actually being used. This would include periods when the toilets are physically secured for security or maintenance periods. The storage of self-contained portable toilets at a commercial facility or business which are not intended to be used is not considered a use under this chapter.

(Ord. 5795-18. Passed 5-7-18.)

   (a)   Nothing in this chapter shall prohibit any use of self-contained portable toilets that are permitted or required in any other code or statute.

   (b)   The use of self-contained portable toilets shall be allowed in the following circumstances and subject to the following limitations:

      (1)   On all City, school district, county or state owned property within the City limits.

      (2)   On any property granted a City temporary special event or right-of-way permit.

      (3)   Permitted civic or church events.

      (4)   At construction sites, subject to public works and code enforcement reviews and/or permits that:

         A.   Do not have existing on-site sanitary sewer facilities;

         B.   Provide evidence of a service contract with a disposal contractor; and

         C.   Are on properties granted City of Willard self-contained portable toilet use permits.

(Ord. 5795-18. Passed 5-7-18.)

   (a)   Unless the City provides a waiver, the use of self-contained portable toilets in lieu of connection of a site or facility to the City's sanitary sewer system is prohibited.

   (b)   The use of self-contained portable toilets for the purpose of providing sewer service to a site or facility where sewer and water service has been discontinued due to delinquency of the utility account is prohibited.

   (c)   The use of privately manufactured or constructed self-contained portable toilets is prohibited.

   (d)   The use of self-contained portable toilets at a business or industrial site intended to limit or eliminate the public use of an indoor toilet at that site is prohibited.

(Ord. 5795-18. Passed 5-7-18.)

   (a)   It is the responsibility of the property owner or event coordinator, where applicable, to ensure the compliance with the maintenance requirements of this section. These maintenance requirements shall apply to all uses of portable self-contained toilets.

   (b)   All portable self-contained toilets must be maintained in good working condition without evidence of broken surfaces, leaks or foul or obnoxious odors.

   (c)   Doors must be able to be securely latched while in use.

   (d)   Except in the case of a permitted long term use, portable self-contained toilets may not be located closer than ten feet from an adjacent property line.

   (e)   In a residential application, portable self-contained toilets should be located in a manner that screens the toilet from the direct line of site of a neighbor's house, if practicable.

   (f)   For long-term uses or if evidence of foul or obnoxious odors exists, property owners/event coordinators are responsible to have a licensed disposal contractor provide inspections and pump out the portable self-contained toilets as necessary.

   (g)   It is the permit holder, property owner, or event coordinator's responsibility to ensure that portable self-contained toilet(s) are not used in a dangerous or inappropriate manner, especially by children. Securing toilet(s) during periods of inactivity, such as night time and weekend hours, or by other effective means is recommended.

(Ord. 5795-18. Passed 5-7-18.)

   (a)   Application for temporary uses authorized by this chapter that do not require development review or building or zoning permits shall be made to public works on forms provided by the City. The City Manager or his designee may approve or deny requests made under this section.

   (b)   Residential permits may be granted as a temporary use on not more than two occasions each calendar year for private parties/events.

   (c)   Application for long term uses authorized by this chapter shall be included with zoning permit applications on forms provided by the City and are subject to review by the City Development Commission.

   (d)   Other long term use applications may be temporarily approved by the City Manager or his designee, pending City Development Commission review.

   (e)   Permits granted under this chapter are not subject to fees.

(Ord. 5795-18. Passed 5-7-18.)

   A request for waiver of one or more conditions of this chapter is subject to the provisions of Chapter 1135, Building and Zoning Board of Appeal.

(Ord. 5795-18. Passed 5-7-18.)

   (a)   Any self-contained portable toilet currently either located on a site or in a manner which is in violation of the provisions of this chapter shall be removed within sixty days of the effective date of this chapter.

   (b)   An existing or permitted self-contained portable toilet that is determined to be inoperable must be removed within seventy-two hours after notification by the City.

   (c)   All existing or permitted self-contained portable toilet(s) must be removed within seventy-two hours of the expiration of the permit.

(Ord. 5795-18. Passed 5-7-18.)

   A violation of the provisions of this chapter shall be declared to constitute a public nuisance and shall be processed in accordance with the applicable sections of Chapter 1323, Property Maintenance Code, of the Willard Code of Ordinances.

(Ord. 5795-18. Passed 5-7-18.)