§ 7.5 TEMPORARY USES AND STRUCTURES.
Publisher's Note: This Section has been AMENDED by new legislation (Ord. A.23.08, adopted 12-7-2023). The text of the amendment will be incorporated below when the ordinance is codified. 7.5.1 Purpose. This section allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses do not negatively affect adjacent properties, and provided that such uses or events are discontinued upon the expiration of a set time period. Temporary uses shall not involve the construction or alteration of any permanent building or structure. 7.5.2 General standards for temporary uses and structures. Temporary uses, structures, or events shall: (1) Obtain the appropriate permit from the town (if required); (2) Only 12 temporary uses and/or structures per lot in a calendar year, provided, however, town-sponsored evens are exempt from this regulation; (3) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare; (4) Be compatible with the principal uses taking place on the site; (5) Not have substantial adverse effects or noise impacts on any adjoining permanent uses or nearby residential neighborhoods; (6) Not include permanent alterations to the site; (7) Not be located within the public right-of-way, or within any existing or required landscaped areas; (8) Comply with the maximum signage size for temporary signs; (9) Not maintain temporary signs associated with the use or structure after the activity ends; (10) Not violate the applicable conditions of approval that apply to a site or use on the site; (11) Not interfere with the normal operations of any permanent use located on the property; (12) Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands; and (13) Provide written permission from the property owner or property owner’s agent to allow applicant to use property for temporary use, structure or special event and recognizing that it counts as one of the allotted temporary uses and/or structures permitted on the lot per calendar year. 7.5.3 Specific regulations for certain temporary uses and structures. (A) Carnival, festival, or circus. (1) The total amount of required off-street parking spaces shall be determined by the Ordinance Administrator. If collocated on the same parcel with an established use, the carnival or circus’s designated parking shall not exceed 15% of the required parking for the establishment or use where the carnival/circus is located. (2) If located on an undeveloped or vacant lot, the lot shall be a minimum of two acres and at least one-third of the area shall be designated for parking. (3) All activities for carnivals and circuses shall be located a minimum of 50 feet from all lot lines. (4) Carnivals, festivals and circuses shall obtain all required permits and licenses required by the town. (B) Temporary storage in portable shipping containers. Temporary storage in a portable shipping container shall be permitted to serve an existing residential use, subject to the following standards. (1) Containers shall not be located in the front yard setback. (2) Containers shall not be located within ten feet of any lot line. (3) Containers shall not be located on an individual parcel or site for more than 30 consecutive days per site per calendar year. (C) Seasonal sales. Seasonal agricultural sales, including the sale of such items as Christmas trees, pumpkins, seasonal produce, and similar agricultural products, may be permitted in accordance with the following standards. (i) The property contains an area not actively used that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, traffic movements, or parking space availability. (ii) The sale of goods shall not occur within the public right-of-way, or within 200 feet of a dwelling. (iii) A minimum pedestrian walkway of at least five feet in width along the front of the display shall be maintained. (2) Range of goods limited. The range of goods or products available for sale shall be limited to products obtained primarily through farming or agricultural activities, including, but not necessarily limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest products, including Christmas trees, firewood, and pinestraw; bees and beekeeping products; seafood; and dairy products. For the purposes of this division 7.5.3, processed or prepared food products of any kind shall not be considered to be agricultural products. (3) Sales from a vehicle. The itinerant sale of products from a vehicle that does not involve the display or short-term storage of products on site for a period of two days or longer, shall not be considered to be seasonal agricultural sales and is prohibited. (4) Hours of operation. The hours of operation of the seasonal sale of agricultural products shall be from no earlier than 7:30 a.m. to no later than 10:00 p.m. (5) Duration. Seasonal sales shall be allowed on an individual lot for no more than 180 days per calendar year. (D) Temporary construction trailers. (1) All temporary construction trailers (including recreational vehicles used as temporary construction trailers) shall meet the minimum setbacks of the zoning district where located, or shall be set back at least 20 feet from all lot lines. (2) Temporary construction trailers may remain on site as long as there is a valid building permit in place, but shall be removed upon issuance of the last certificate of occupancy. (3) Temporary construction trailers for public use shall include restroom facilities and utility connections. (E) Temporary sales trailers. (1) All temporary sales trailers shall be set back at least 20 feet from all lot lines. (2) Temporary sales trailers shall be removed once the project is completed or the lots are sold. (3) All temporary sales trailers shall be underpinned and meet all applicable parking and screening requirements. (F) Tent sales. Sale of commercial goods may be conducted within a tent located on lot with a legally established principal use provided the following criteria are met: (1) The tent sale obtain a temporary use permit in accordance with this section prior to construction of the tent; (2) The tent is located in an area outside the normal flow of traffic or areas of ingress and egress; (3) The tent be located on an improved surface such as asphalt, gravel, or other improved surface and not within areas devoted to required landscaping, tree protection, or open space; (4) The tent be located in such a way as to ensure the minimum number of required parking spaces for the principal use are maintained over the duration of the tent sale; (5) The tent sale does not include any signage other than that allowable as temporary signage; (6) Tents shall not be illuminated past the hour of 10:00 p.m.; and (7) The total number of tent sale occurrences per site be limited to a maximum of 14 days per calendar year. (1) Automobile sales are limited to Neighborhood Business, Central Business, and Highway Business Districts. (2) Automobiles for sale may only be parked in designated parking spaces. If the parking lot is an existing gravel lot without marked spaces, then automobiles must be parked on an existing parking area that does not block entrances or exits, drive aisles, and must be at least ten feet from the street right-of-way. (3) Automobiles can only be on display for up to two weeks. (4) Automobile sales are limited to a maximum of four automobiles per parcel per year. (5) Automobiles for sale may not be junked vehicles and must have current insurance and license. (1) Food trucks shall obtain a food truck permit from the town, which must be displayed on the rear bumper at all times.
(2) Food trucks may not be operated on public property such as parks or plazas, parking lots, public street rights-of-way, or public sidewalks except as specifically authorized by the town or as part of an official public event sponsored or co-sponsored by the town.
(3) The vendor shall provide evidence of having obtained any applicable permits from Granville-Vance Public Health and any other required governmental approvals, a North Carolina sales and use certificate for collecting and paying the proper sales taxes and prepared meals taxes, and a means for the disposal of grease within an approved grease disposal facility as part of their food truck application. All required town, county, and state permits and licenses shall be clearly displayed on the food truck.
(4) Food trucks shall be located at least 15 feet from fire hydrants, utility boxes and vaults, and handicapped ramps.
(5) Food trucks shall not impede parking or traffic or encroach upon fire lanes, vehicular access ways, or pedestrian walkways.
(6) The food truck operator shall not make excessive noise or cause a nuisance that interferes with the peace and quiet of the surrounding area.
(7) The food truck operator shall maintain the premises in a clean and orderly condition and shall not leave litter or other debris on the premises or in the surrounding area.
(8) Food trucks are not permitted on vacant property, residential lots with the primary use being a single-family home, or a manufactured home on an individual lot.
(9) Food trucks may only operate between the hours of 6:00 a.m. to midnight. Food trucks must be removed from all permitted locations during the hours when they are not permitted to be in operation, and may not be stored, parked, or left overnight on any public street or sidewalk.
(10) If at any time, required permits are revoked by any other governmental agency, the town approval of the food truck permit shall be immediately revoked or suspended.
(Ord. A.21.01, passed 6-3-2021; Ord. TA.23.08, passed 12-7-2023)