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(a) Purpose. The following provisions are provided in recognition of the need for special allowances to be granted for temporary uses so that they may be permitted within the City of Asheville. These provisions, authorizing and regulating uses which are truly temporary in nature, are intended to permit such uses (and structures in which they are housed) when consistent with city regulations and policies and when safe and compatible with the area in which they are located.
(b) General provisions. Compliance with the following general provisions is required for all temporary uses unless otherwise specified.
(1) Parking and access. Each site occupied by a temporary use must provide or have available sufficient parking and vehicular maneuvering area for customers. Parking must be adequate to accommodate the proposed temporary use in addition to required parking for any permanent use or uses located on the site. The temporary use shall not create hazardous vehicular or pedestrian traffic conditions as determined by the city's traffic engineer and fire marshal. Temporary traffic control devices including signage to minimize traffic congestion may be required by the city. The design and installation of any such devices must be approved by the city's traffic engineer.
(2) Temporary nature. Substantial permanent changes to the development site to specifically accommodate the temporary activity are prohibited.
(3) Signs. Signs for temporary uses are regulated in article 13 of this chapter.
(4) Lighting. Lighting must be compliant with the City of Asheville's lighting standards.
(5) Adequate facilities. Adequate sanitary facilities, utilities, drainage, refuse management and similar necessary facilities and services must be available to serve employees, patrons or participants.
(6) Setbacks. Temporary uses are allowed to encroach within required building setbacks, but cannot be located within required buffers, street tree planting strips, or other landscaped areas required under this chapter. Temporary structures must comply with the minimum setback requirements of the zoning district in which they are located.
(7) Presence of another use. A temporary use may be located on a property housing another permanent use or may be located on a vacant lot. The location of the temporary use shall not violate any requirements placed on any permanent use.
(8) Other permits, licenses, inspections. These regulations do not exempt the operator from any other required permits or inspections such as, but not limited to, those that might be required by the building safety department, the fire marshal, the finance department (privilege licenses), the State of North Carolina, or the Buncombe County Health Department.
(9) Discontinuation of use. All materials, structures, and products related to the temporary use must be removed from the premises between days of operation on the site, provided that materials, structures and products related to the temporary use may be left on-site overnight between consecutive days of operation. Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of the temporary use upon completion or removal of the use.
(c) Temporary uses/structures exempt from permit requirements. The following uses/structures are allowed in all zoning districts, unless otherwise stipulated in this article, and shall not require a zoning permit. Such uses shall conform to the requirements set forth in (b) above, the requirements set forth below, as well as to all other applicable requirements of the City of Asheville.
(1) City (co)sponsored events or authorized events on city-owned property must be reviewed and approved through a separate process.
(2) Collection and recycling centers for non-profit organizations are allowed in nonresidential districts. Containers and structures shall be located on private property and not on public rights-of-way. Structures shall not interfere with traffic circulation or visibility at intersections. Structures may not eliminate required parking spaces for other uses on the same parcel.
(3) Construction containers. Construction containers require a building permit and may be utilized for the duration of the building permit.
(4) Fundraising (non-commercial) events are only allowed in nonresidential districts and on property occupied by an institutional use in residential districts. If a fundraising event is specifically listed in subsection (d), below, then the provisions in subsection (d) shall apply. Except as specifically permitted as follows, a fundraising event shall be permitted for no more than three days. Seasonal sales, such as the sale of pumpkins or Christmas trees as fundraisers, may be permitted for up to 30 days.
(5) Outdoor sidewalk and retail sales, small scale. Outdoor sidewalk and retail sales, where no structure is erected in conjunction with the sale, are permitted in all nonresidential districts. Such sales must be operated by a business located on the same or adjoining property or by a non-profit organization. If the sale will take place on city rights-of-way, additional permits must be obtained.
(6) Private, non-commercial events on private property and evangelistic, religious events and services.
(7) Push cart vendors. Push cart vendors are regulated under section 16-144 of the Code of Ordinances of the City of Asheville.
(8) Short term commercial, promotional events. Short-term commercial, promotional events are permitted in all nonresidential districts. Such events are limited to eight hours in duration, up to four times per calendar year.
(9) Storage containers, portable on demand. Portable, on demand storage containers are allowed in all districts. Containers located in residential districts, may be permitted for a period of 14 consecutive days, up to two times per calendar year. In nonresidential districts, such containers may be located for a period of 60 consecutive days, up to two times per calendar year. The time, in all instances, shall run from the time of delivery of the container to the time of removal.
Containers in any district, may be utilized for the duration of any building permit on the same parcel. Such containers shall not be permitted on any lot that does not contain a principal building.
(10) Yard/garage sales. Yard/garage sales are permitted in all districts but must be located on a parcel containing a dwelling unit or dwelling units. Sales are permitted on any one parcel three times a calendar year. The maximum duration for each occurrence is three days.
(d) Short term temporary uses/structures. A short term temporary use/structure is a use (and structure containing a use) which is located on a property no more than 180 days within any calendar year. Such uses are subject to the standards found in this section and in subsection 7-14-2(b) above and, unless otherwise specified, are only permitted in nonresidential districts.
(1) Permit required. All short-term temporary uses/structures must obtain a temporary use permit as set forth in section 7-5-3 of this chapter. The permit must be displayed at all times on the premises where the temporary use/structure is in operation.
(2) Duration. Except as specifically provided for elsewhere in this section, a short-term temporary use or structure shall be permitted for a period not to exceed 180 days in any calendar year. The days of operation must be listed on the permit and may be consecutive or intermittent throughout the calendar year. A day of operation shall mean any or part of any day on which the use is conducted.
(3) Additional standards. In addition to the general requirements for temporary uses/structures set forth in subsection 7-14-2(b) above, all such uses/structures shall comply with the following:
a. Permitted uses. Except as provided below in this section, the temporary use must be permitted (either by right or with special requirements) in the zoning district in which it is being located.
b. Limitation on permits. Only one temporary use permit shall be active on any lot or parcel at any time. However, more than one permit may be issued on any lot or parcel during a calendar year so long as the allowed period of duration is not exceeded.
c. Dwelling units. Dwellings are not allowed as temporary uses except as permitted by the building safety department in conjunction with a home that has been damaged by fire, wind, etc. that is under repair.
d. Circuses, carnivals, fairs, etc. Commercial circuses, carnivals, fairs, haunted houses and similar events may be held at a site up to three times per year with a maximum duration of 14 days per event. Such events may occur only in non-residential districts.
e. Temporary mobile food sales. Temporary mobile food vendors, pushcarts or stands may be allowed in all non-residential districts except for: the downtown area Central Business District corresponding to the Downtown Design Review Overlay District and the Biltmore Village Historic District; provided that uses/structures for mobile food sales are compliant with the following standards.
1. Hours of operation. Temporary food vendors and stands shall be allowed from 6:00 a.m. to 3:00 a.m. with specific hours of operation indicated on the temporary use permit. Locations within 200 feet of a residential use will have reduced hours of 6:00 a.m. until midnight.
2. Proximity to public right-of-way. All sales shall be conducted at least ten feet from all public rights-of-way.
3. Health department approval. Any food service operation that sells, prepares or serves food must obtain an approved mobile food service permit from the Buncombe County Health Department and is subject to inspection.
4. Display of permit. A copy of the valid, approved permit from the Buncombe County Health Department and the City of Asheville shall be visually displayed on the mobile kitchen in clear view of all patrons.
5. Duration on site. All mobile food sale vehicles must leave the site every night or be parked so that the vehicle is not visible from public rights-of-way.
f. Events of public interest. An event of public interest is a temporary use involving the expected congregation of 100 or more persons at any one time. An event of public interest includes, but is not limited to: dances, fund raisers, picnics, haunted houses, outdoor concerts, tent meetings, races for motorized vehicles, and supervised public displays of fireworks. An event of public interest shall be subject to the following standards.
1. Public safety plan. A public safety plan which identifies the means by which public safety will be ensured during the conduct of the temporary use must be approved by the City of Asheville.
2. Dates and hours of operation. All activities and uses shall be limited to the dates and hours of operation specified in the permit and shall be limited to a maximum duration of three days (per site).
3. Traffic control. Traffic control shall be arranged by the operators of the event in accordance with the City of Asheville and/or Buncombe County Sheriff's Office.
4. Parking. Public parking for the exclusive use of the facility/event shall be provided and a stabilized drive to the parking area shall be maintained. It is the responsibility of the operators to guide traffic to these areas. No parking shall be permitted on any road or public right-of-way.
5. Noise. Noise levels associated with events of public interest, except for supervised displays of fireworks, shall adhere to the City of Asheville Noise Ordinance.
6. Maintenance of site. It shall be the responsibility of the applicant to see that the area used for the event is maintained in a condition that provides for the public health, safety, and welfare for event attendees and neighbors alike. In the event that authorized personnel from the City of Asheville and/or Buncombe County Sheriff's Office determine that the activity is a threat to the public health, safety and welfare, the City of Asheville and/or Buncombe County Sheriff's Office shall have the right to close the event.
7. Discontinuation of use. All materials, structures, and products related to the event of public interest must be removed from the premises between days of operation on the site, provided that materials, structures and products related to the temporary use may be left on-site overnight between consecutive days of operation. Each site occupied by an event of public interest shall be left free of debris, litter, or other evidence of the temporary use upon completion or removal of the use.
8. Signage. Events with an anticipated attendance of over 100 people at any one time may utilize up to 64 square feet of temporary signage. All signage must be properly secured and located on private property and not within a public right-of-way. Events with an anticipated attendance of over 1,000 people per day are not limited in their signage but must submit a signage plan along with a separate sign permit for review and approval at the discretion of the planning director, with input from appointed officials. This plan must include detailed descriptions of the signs including purpose, type, message, location, size, height, and fasteners. Only those signs that would not otherwise be prohibited may be considered and all other applicable standards shall apply.
g. Storage containers, portable on demand. Portable on demand storage containers located in non- residential districts and visible from public areas must first obtain a permit. All permits must be posted on the exterior of the container and visible to inspectors. All such containers when located in front of the principal structure must be located at a minimum of 15 feet back from the street edge and not include signage.
h. Fruit and vegetable markets. Fruit and vegetable markets may be permitted in non-residential districts and in residential districts when located on conforming institutional properties. Markets shall not overlap regular business hours for the primary use and shall operate between the hours of 8:00 a.m. to 8:00 p.m.
(e) Interim temporary uses/structures. An interim temporary use/structure is a use (and structure containing a use) which is located on a property often for periods exceeding 180 days due to the nature of the use. Such uses are subject to the standards found in this section and in subsection 7-14-2(b) above and, are only permitted in nonresidential districts.
(1) Factory fabricated buildings for places of worship and schools. Schools and places of worship may place factory fabricated transportable buildings on-site subject to the following conditions.
a. Duration. The time period shall not exceed five years. Time periods may not be extended by the board of adjustment.
b. Property line buffers. Property line buffers, if required, shall be installed according to the requirements set forth in section 7-11-3 of this chapter.
(2) Interim parking or construction staging.
a. A zoning permit shall be required and shall be valid for a period of:
1. Two years, when established in conjunction with, and is needed to support, an existing construction project for which there is a valid, open building permit.
2. One year, when not associated with a construction project.
b. Interim parking and construction staging established under this subsection shall not be required to comply with landscape, sidewalk or paving requirements found elsewhere in this chapter with the following exceptions if applicable:
1. The parking/staging area is greater than 10,000 square feet, in which case a planting strip with a minimum width of 10 feet shall be installed the length of the parking area, leaving room for cross access as desired; and/or
2. The area beyond the driveway apron exceeds five percent in grade, in which case the driveway shall be paved with a concrete, asphalt or bituminous surface.
3. The site is located in the Central Business District, in which case driveway width and other requirements specific to the zoning district will apply.
c. Interim parking and construction staging established under this subsection shall comply with, and is not exempted from, all other local, state and federal regulations including driveway, grading, stormwater, accessibility, and sign regulations. No waivers, exceptions or variances shall be granted to these standards.
d. The zoning permit for any such interim use may be renewed once for a period equal to the initial permit validity (see section a. above).
e. The interim use shall not be located within 500 feet of a residential use in a residentially zoned district.
(3) Real estate sales and/or model home offices. Real estate sales and/or model home offices shall be allowed within a new residential development, subject to the following conditions.
a. Location. The model home/temporary real estate sales office must be located on a lot that was approved by the planning and development director as part of the subdivision or development.
b. Number. There can be only one temporary real estate sales office in any development.
c. Duration. A real estate sales office may be approved for a period of up to three years. This period may be renewed for additional six-month periods, for good cause shown, upon approval of a written request for such an extension by the planning and development director. The request shall be submitted to the planning and development director at least 30 days prior to the expiration of the permit.
(4) Temporary offices. Temporary offices for construction and security personnel are permitted during the construction of a development for which the city has issued a permit. Temporary offices are also permitted for a nonresidential use when the permanent building for such use has been destroyed by a fire or natural catastrophe.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2535, § 5, 1-12-99; Ord. No. 2684, § 1, 4-11-00; Ord. No. 3480, § 1(b), 6-12- 07; Ord. No. 3700, § 1m, 2-10-09; Ord. No. 3757, § 1g, 7-14-09; Ord. No. 3792, § 1c, 9-22-09; Ord. No. 4007, § 1c, 9- 13-11; Ord. No. 4043, §§ a—e, 1-10-12; Ord. No. 4152, § 1b, 1-8-13; Ord. No. 4613, § 1(b), 9-12-17)