(A) General requirements. Certain uses are temporary in character. They vary in type and degree, as well as length of time involved. Such uses may have little impact on surrounding and nearby properties or they may present questions involving potential incompatibility of the temporary use with existing uses. Unless otherwise specified in this chapter, the following regulations shall govern temporary uses.
(B) Temporary uses exempt from permit. The following permitted temporary uses are exempt from these requirements.
(1) Christmas tree sales lots.
(2) Garage or yard sales are permitted only by the property owner on their property and are allowed once every four months at any given location. The sale may not exceed three consecutive days in length. Advertising signs may not be placed on any rights-of-way or off-site locations without the owners' permission.
(3) Storage pods for off-site storage of household or other goods located in any street yard are permitted for a maximum of seven consecutive days, and any side or rear yard for a maximum of 30 consecutive days.
(C) Temporary use permit required. The following temporary uses are allowed in the frequency stated below, except that no property shall have more than four of the events listed below in one calendar year.
(1) Commercial circuses, carnivals or fairs. Commercial circuses, carnivals or fairs, for not more than two consecutive weeks in any calendar year.
(2) Temporary religious or revival activities. Temporary religious or revival activities in tents in association with a place of worship, for not more than two consecutive weeks in any calendar year.
(3) Non-profit special events. Special events run by non-profit, charitable organizations occurring no longer than seven consecutive days once every three months.
(4) Tent sales. Tent sales by merchants occupying the premises on which the sale is conducted and having a valid certificate of occupancy, and occurring no longer than seven consecutive days once every six months.
(5) Grand opening sales. Grand opening sales, including outside food and beverage vending, for three consecutive days, once per certificate of occupancy.
(6) Outdoor vehicle show or sale. Outdoor motor vehicle or recreational vehicle show or sale, for three consecutive days, twice per calendar year.
(7) Other temporary uses. Other temporary uses similar in nature to the ones listed above, with corresponding limitations, as determined by the Planning Director.
(D) Temporary outdoor display of merchandise.
(1) Outdoor display of merchandise in nonresidential districts by merchants occupying the premises and having a valid certificate of occupancy, occurring no longer than nine consecutive days up to four times per year, is allowed subject to issuance of a temporary use permit and all of the following conditions.
(a) Merchandise shall only be displayed in front of the premises occupied by the merchant.
(b) Merchandise shall not be displayed closer than five feet to any entrance to the premises.
(c) Merchandise shall only be displayed in a manner that does not obstruct pedestrian or vehicular circulation or traffic.
(d) The display of merchandise shall not exceed eight feet in height.
(e) Merchandise shall only be displayed during the merchant's hours of operation, and must be taken inside the premises at closing.
(f) Merchandise shall only be displayed in an area not wider than 50% of the total linear foot frontage of the building occupied by the merchant.
(g) The required temporary use permit must be visibly displayed at the main entrance of the associated merchant.
(h) A violation of any conditions set out in this section shall constitute a violation of the temporary use permit and cause said temporary use permit to be revoked. Once revoked, a temporary use permit shall not be issued for the same temporary use for a period of one year.
(2) Any temporary use permit issued under (C)(1) through (7) of this section shall be counted in the maximum number of temporary use permits allowed for the temporary outdoor display of merchandise.
(3) The requirements of this section do not supersede the permanent outdoor storage or display requirements of § 155.308. Permanent outdoor display/sales of merchandise shall be considered an accessory use and permitted in districts as set forth in the Use Regulations Table (Table 2-1 § 155.202). This use shall be subject to site plan approval.
(E) Manufactured Home or trailer for temporary use. One Manufactured Home or trailer may be used as a temporary office, security shelter, or shelter for materials or tools (but not for residential purposes or sales offices) incident to construction on or development of the premises upon which the Manufactured Home or trailer is located. Such use shall be strictly limited to the time construction or development is actively underway. The temporary use may continue more than six months upon finding that actual construction is continuing.
(F) Temporary use in conjunction with special event permit. Where a valid permit has been issued by the town for use of adjacent right-of-way that makes the street unavailable to vehicular traffic, a temporary use permit may be issued in accordance for events on the grounds or in the parking lot of any adjacent parcel during the period of the special event permit.
(G) Real estate development projects.
(1) A developer may request a temporary use permit for necessary commercial promotional, storage, or fabrication activities at the development site which occur during construction of that developer's project.
(2) When the request is for a temporary sales office, model home, or apartment, the application shall list the lots, apartment units, or dwelling units to be initially sold.
(3) The temporary use permit shall be restricted to only those activities and properties listed on the petition. Such activities shall not include any sale of properties outside the development site or any resale of properties.
(4) The following uses in connection with such a project require a temporary use permit:
(a) Offices for sale of real estate or for persons engaged in the development.
(b) Construction materials storage, general contractor's business office, processing, or fabrication.
(c) Equipment storage.
(d) Model homes or sample apartments.
(H) Temporary uses on town-owned lands.
(1) Scope. The provisions of this section shall only apply to lands under the Public Facilities (PF) zoning district. These provisions shall apply to all types of applications regardless of the review procedures by which they are approved, unless otherwise specified in this chapter. These standards may be modified by other applicable standards or requirements in this chapter.
(2) Intent. This section provides standards for temporary uses and structures in PF zoning districts. New projects and routine maintenance on town facilities often require the use of temporary structures and uses. This section outlines the permitting requirements and standards for such temporary uses and structures.
(3) Temporary structures. At the Planning Director's discretion, a permit may be granted for placement of mobile or modular structures in the PF zoning district for up to one year subject to the standards below. All temporary structures shall:
(a) Not be placed within a public right-of-way.
(b) Meet all current zoning standards for building height, impervious surface, and setbacks.
(c) Have active building and zoning permits.
(d) Be shown on an approved site plan and construction drawings.
(e) Conform to structural strength and uplift requirements.
(f) Show the occupancy, means of egress, and occupant load for all temporary structures.
(g) Be provided with a portable fire extinguisher per Section 906.1 of the 2018 North Carolina Building Code.
(h) Not include permanent alterations to the site.
(i) Not interfere with the normal operations of any permanent use located on the property.
(4) Temporary parking. At the Planning Director's discretion, a permit for a temporary parking lot may be granted in PF zoning districts for up to one year. Parking areas may be unpaved and may be used regardless of whether a structure exists at the site. An approved site plan and zoning permit are required for a temporary parking area. Temporary parking areas are exempt from the vehicle use area landscaping standards under § 155.402(D)(2).
(5) Permit renewal. Upon expiration, a permit for a temporary structure or parking area may be renewed no more than twice, subject to standards (a) through (i) listed under division (3) above. Each renewal shall be valid for one year. The maximum total period a temporary use, structure, or parking area may be allowed is three years, which includes the initial one-year approval and two annual permit renewals. Permit renewals shall require approval by the Town Council.
(6) Site restoration. Upon expiration of a temporary use permit, applicants shall be required to either restore the site, structure, or parking area to its original condition, or construct a permanent site, structure, or parking area in accordance with plans and permits approved by the Town of Clayton.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2012-01-04, passed 1-3-12; Am. Ord. 2012-04-03, passed 4-2-12; Am. Ord. 2012-12-03, passed 12-3-12; Am. Ord. 2014-06-10, passed 6-16-14; Am. Ord. 2021-02-02, passed 2-15-21; Am. Ord. 2022-04-02, passed 4-18-22)