(A) Expansion or Replacement of Existing Facilities
(1) Purpose and Scope
Factory-fabricated, transportable buildings that are designed to arrive at the site ready for occupancy, except for minor unpacking and connection to utilities, and designed for removal to and installation at other sites, may be placed on a property to serve as the following:
(a) Expansion space for existing churches, health care facilities, and government offices, provided that plans for the permanent expansion of the existing facilities have been submitted to and approved by the Town.
(b) Temporary offices for construction and security personnel during the construction of a development for which the Town has issued a grading permit or building permit pursuant to Chapter 5 of this Ordinance.
(c) Temporary quarters for recreational facilities that are being provided in conjunction with a new residential development, provided that the Town has approved a development plan for the development.
(d) Temporary quarters for a non-residential use when the permanent building has been destroyed by a fire or other physical catastrophe, provided that a building permit for the permanent facility is obtained within ninety (90) days after approval of the temporary quarters. The Planning Director may approve a written request for an extension of an additional ninety (90) days for good cause shown. Failure to obtain a building permit within the time frame allowed will revoke approval for the temporary quarters.
(e) One (1) temporary office per site to include, but not be limited to, the following uses: hiring, membership solicitation, apartment office/leasing, and other general office uses provided that the Town has approved a development plan for the development. The number of modular buildings housing such uses shall be limited to one (1), in addition to those already allowed by this section. Such modular buildings shall not be placed on the property prior to the issuance of a building permit.
(2) Standards and Requirements for Approval
In addition to meeting the general standards of Section 5.4.5, all temporary structures approved pursuant to this section shall meet the following standards and requirements:
(a) Location
Temporary structures allowed under Section 5.4.6(A) may be located anywhere on site, except within the following areas:
1. Existing vegetated buffers or within the buffer setbacks.
2. Areas designated for future vegetated buffers whether or not vegetation currently exists.
3. Other areas designated on the development plan for open space, vehicular use, or ingress/egress.
(b) Other Requirements
1. The temporary structure shall be factory-fabricated and transportable.
2. Underskirting shall be installed around all temporary structures requiring development plan approval.
3. In addition to any other off-street parking required on the site, off-street parking shall be provided in accordance with the requirements set forth in Section 7.8 of this Ordinance.
4. All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained from the Inspections and Permits Department prior to installation of the temporary structure.
5. For those temporary structures requiring development plan approval, the temporary structure shall be compatible with the existing buildings on the site in terms of exterior color.
6. Foundation plantings installed in accordance with Section 7.2.9(B) of this Ordinance shall be required for temporary structures intended for use as temporary recreation facilities.
7. A sketch plan containing sufficient information to show compliance with the above standards shall be submitted to and approved by the Planning Department prior to installation of the temporary structure.
(3) Duration
Temporary structures under this section may remain on the site for no more than twelve (12) months. This period may be renewed for two (2) twelve (12)-month periods, for good cause shown, upon approval of a written request, submitted to the Planning Director thirty (30) days prior to the expiration of the permit. In no event, however, shall such extensions allow the temporary structure to remain on the site for more than three (3) years.
(B) Real Estate Sales Office and Model Sales Home
(1) General Requirements
One (1) temporary real estate sales office or model sales home may be allowed as incidental to a new residential or non-residential development provided that:
(a) The use is located on a single-unit residential lot or within a multi-family development that was approved by the Town as part of a residential development, or within a non-residential area of an approved planned unit development.
(b) Reserved.
(c) The temporary use is aesthetically compatible with the character of the community and the surrounding development in terms of exterior color, predominant exterior building materials, and landscaping.
(d) The temporary use complies with the minimum yard and setback requirements of the zoning district in which it is located.
(e) Parking spaces shall be provided on the lot in a number sufficient to meet the requirements set forth for offices in Section 7.8 of this Ordinance. Such parking spaces may be located on an adjacent vacant residential lot within the development.
(f) For single-unit residential developments, at least three hundred (300) square feet of evergreen plantings shall be provided around the base of the temporary use; one (1) upper-story tree shall be provided per forty (40) feet of street frontage of the lot on which the structure is located; and one (1) ornamental tree shall be provided per twenty (20) feet of street frontage, pursuant to the general landscaping requirements of Chapter 7.
(g) A development plan containing sufficient information to show compliance with the above standards shall be submitted to and approved by the Planning Department prior to installation of the sales office.
(h) The temporary use shall connect to both Town utilities if they are within four hundred fifty (450) linear feet to the property.
(i) If the utilities are not within four hundred fifty (450) linear feet, private water and/or septic systems may be allowed by the Director of Water Resources.
(j) Upon termination of the temporary real estate sales office or model sales home, the structure will be converted into, or removed and replaced with, a permanent residential use.
(2) Duration
(a) Temporary Real Estate Sales Offices
Temporary real estate sales offices may be approved for a period of up to one (1) year. This period may be renewed for two (2) additional twelve (12)-month periods, but not exceeding a total of three (3) years, for good cause shown, upon approval of a written request for such an extension by the Planning Director, filed thirty (30) days prior to the expiration date of the existing approval. All temporary trailers shall be removed from the site prior to the issuance of the last certificate of occupancy for the site.
(b) Model Sales Homes
Model sales homes may be approved for a period of up to three (3) years. This period may be renewed for additional six (6)-month periods, for good cause shown, upon approval of a written request for such an extension by the planning director. There is no time limit on the use of model units for rental housing.
(c) Associated Parking Area
Associated parking area shall be removed within sixty (60) days of termination of use of the temporary real estate office or conversion of a model sales home to a permanent residential use.
(C) Sale/Display of Goods Other Than Agricultural Products
(1) Applicability
Merchants may display and/or sell goods in the Town on a temporary basis without establishing a permanent place of business, subject to the standards and requirements set forth in this section. Receipt of Peddler's Permit from the Police Department does not exempt a merchant from the need to obtain a temporary use permit for such sales.
(2) Location
(a) The outdoor display and/or sale of goods consistent with the provisions in Section 5.3.4(D) is considered as an accessory use and does not need to obtain a temporary use permit.
(b) The proposed display and/or sale of goods, products and/or services for commercial purposes may not occur within two hundred (200) feet of an occupied residential dwelling unit.
(c) Commercial Sales
A temporary display or sale of goods for commercial purposes shall take place on a developed site where the principal use is retail sales, or on an immediately adjacent developed out-parcel of such a site.
(d) Non-Commercial Sales
A temporary sale of goods for public or institutional purposes may take place on a developed site where the principal use is retail sales, or on an immediately adjacent developed out-parcel of such a site. Upon approval of the Planning Director, such sales may take place on public property, including: public parks owned or maintained by the Town, public street rights-of-way, any other property owned by the Town, a special district, or other political subdivision of the State of North Carolina.
(3) Similar Products, Goods, and Services
A temporary display or sale of products, goods and/or services for commercial purposes shall be limited in scope to similar or complimentary products, goods, and/or services to those offered by the existing principal use located upon the same site. The temporary sale of non-agricultural products, goods, and/or services that differ from the normal range of those offered by an existing principal use shall be prohibited.
(4) Submittal Requirements
The operator of the temporary sale of products, goods and/or services shall provide the Planning Department with the following:
(a) Written permission from the property owner.
(b) A sketch plan showing:
1. The location of any tent or temporary structure to be used.
2. The location of pedestrian, vehicular, and emergency ingress and egress over the entire property, including pedestrian access to streets, driveways, and parking areas, and obstructions of vehicular rights-of-way.
3. The location and number of available off-street parking spaces to serve the temporary sale of goods.
4. [RESERVED]
5. Electrical power connections, if applicable.
(5) Hours of Operation
The hours of operation of the temporary sale of products shall be from no earlier than 7:30 am to no later than 10:00 pm, or the same as the hours of operation of the principal use, whichever is more restrictive.
(6) Duration; Sales per Year
(a) The temporary sale of non-agricultural products shall be allowed on an individual parcel or site for no more than ninety (90) total days per calendar year.
(b) The number of temporary sales of products per site per calendar year shall not exceed three (3). For the purposes of this section, "site" shall mean the entire parcel, including out-parcels, whether it is a single tenant, multi-tenant, or shopping center use.
(7) Requirements
The Planning Director shall issue a temporary use permit for the temporary display and/or sale of products if the proposed use satisfies the following requirements:
(a) The property contains an area that is not actively used which would support the proposed temporary sale of products without encroaching into or or disturbing existing buffers, open space, landscaping, or traffic movements.
(b) Tents and other temporary structures will be located so as not to interfere with the normal operations of any permanent use located on the property.
(c) All tents and other temporary structures shall match the predominant color of the principle structure on the premises or be of a neutral or earth tone color.
(d) The temporary use will not occupy any existing parking required for the principal use.
(e) The temporary sale of products will not likely cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services will be impeded and will not likely cause unreasonable or unwarranted disruption to vehicular or pedestrian traffic.
(f) All inspections and permits required by applicable construction codes have been made and approved by the Planning Department.
(D) Sale of Agricultural Products Grown Off-Site
(1) Agricultural Products Defined
For the purposes of this section, agricultural products are defined as 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 section, processed or prepared food products of any kind shall not be considered as agricultural products.
(2) Approval Criteria
(a) The temporary sale of agricultural products grown off-site may be allowed subject to issuance of a temporary use permit pursuant to Chapter 5 of this Ordinance. Temporary sales of agricultural products shall meet all requirements for temporary sale of non-agricultural goods set forth in Section 5.4.5(C) above; however, the temporary sale of agricultural products for commercial purposes may occur from a vacant lot, a lot containing a detached dwelling provided that such residential lot contains at least three (3) acres and has a minimum of 250 feet of road frontage on a major thoroughfare, or a developed site where the principal use is non-residential.
(b) The temporary sale of agricultural products grown off-site is exempt from the requirement for similar products, goods, or services to those offered by an existing principal use as required under the provisions for the temporary sale of non-agricultural products.
(c) The temporary sale of agricultural products grown off-site may be accomplished from a vehicle, trailer, or shipping container, provided such vehicle, trailer, or container is located in accordance with the provisions of Section 5.4.6(C) of this Ordinance.
(d) The temporary sale of agricultural products grown off-site shall be allowed on an individual parcel or site for no more than one hundred eighty (180) total days per calendar year.
(e) The number of temporary sales of agricultural products per site per calendar year shall not exceed three (3).
(E) Sale of Fireworks
(1) Approval Criteria
The temporary sale of fireworks may be allowed subject to issuance of a temporary use permit pursuant to Chapter 3 of this Ordinance. Temporary sales of fireworks or other pyrotechnics shall meet all requirements for temporary sale of non-agricultural goods set forth in Section 5.4.6(C) above; however, the temporary sale of fireworks or pyrotechnics are exempt from the similar product provisions which apply to the sale of other non- agricultural products.
(F) Temporary Structures In or Near the Flood Hazard Area
Prior to the issuance of any development permits for a temporary structure in the Flood Hazard Area, all applicants must submit to the Stormwater Manager, for review and written approval, a plan for the removal of such structure(s) in the event of a hurricane or flash flood notification. The plan shall include the following information:
(1) The name, address and phone number of the individual responsible for the removal of the temporary structures.
(2) The time frame prior to the event at which a structure will be removed;
(3) A copy of the contract or other suitable instrument with a trucking company to insure availability of removal equipment when needed; and
(4) Designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure will be moved.