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Commentary: Temporary outdoor uses should not be confused with permanent outdoor activities (for example, a car sales lot) that are only allowed in certain districts and require site plan approval, nor should they be confused with an outdoor display area (for example, a garden center that is part of a building supply store) that may be a part of a retail store and require site plan approval.
(1) Temporary uses occurring on property outside of the public right-of-way, including those operating for less than 30 days within a one-year time period, shall obtain a temporary use permit from the Planning Department that outlines conditions of operations to protect the public, health, safety and welfare subject to the standards of § 155.306.
(2) Temporary uses occurring within the public right-of-way require approval by the Town Council.
(B) Application requirements. An application for a temporary use permit shall be submitted in accordance with § 155.702(C).
(1) Each permit must, at the time of acquisition, state all dates that the temporary use will operate at a given site. Dates not initially specified shall be subject to acquisition an additional permit.
(2) During a one year period no single site may be utilized for more than 30 days total aggregate of all dates included on all temporary use permits issued for that given location
(3) An approved temporary use permit must be available on-site upon request by an authorized town representative.
(C) Action by Planning Department.
(1) After receiving a complete application, the Planning Department shall have up to 30 days to review the application.
(2) Following completion of the technical review period, the Planning Department shall approve the issuance of a temporary use permit subject to the following:
(a) No lighting or electrical service shall be provided without an electrical permit;
(b) No temporary use structure shall be erected without a building permit;
(c) No temporary use structure shall block fire lanes or pedestrian or vehicular access;
(d) The site of the temporary use shall be cleared of all debris at the end of the temporary use. All temporary structures shall be cleared from the site within five days after the use is terminated;
(e) Written permission of both the property owner and the principal tenant of the property for the temporary use shall be provided;
(f) Adequate parking shall be provided;
(g) Required parking for other uses shall remain available;
(h) Adequate traffic control measures shall be provided;
(i) Adequate provisions for trash disposal and sanitary facilities shall be provided; and
(j) When appropriate, adequate provisions for crowd control shall be provided.
(D) Revocation of a temporary use permit. A temporary use permit shall be revoked if the Planning Director finds that the terms of the permit have been violated or that there is a hazard to the public health, safety and welfare.
(E) Exceptions. Temporary uses conducted by bona fide nonprofit organizations, as defined by and registered with the North Carolina Office of the Secretary of State, shall be exempt from this section, except that a temporary use permit must be obtained prior to any scheduled event.
(F) Appeal. Final action on a temporary use permit may be appealed to the Board of Adjustment in accordance with § 155.717.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2010-12-03, passed 12-6-10)