(A) Purpose. The temporary use permit is a mechanism to allow a use on a short-term basis and certain seasonal or transient uses not otherwise allowed. Prior to conducting or establishing a temporary use or structure, approval of a temporary use permit by the Zoning Administrator is required.
(B) Approval criteria.
(1) All temporary uses listed in this section require a temporary use permit. The Zoning Administrator shall not approve or modify and approve an application for a temporary use permit unless the following criteria, specific regulations and time limitations are met.
(2) If any of the information provided to satisfy the approval criteria is found to be falsified or intentionally inaccurate the permit shall be immediately voided.
(a) Compatibility with/effect on surrounding area. The allowance of the use shall not be detrimental to the public health, safety and general welfare and the use shall be consistent with the purpose and intent of this chapter and the specific zoning classification in which it is located. The use must be compatible in intensity, characteristics and appearance with existing land uses in the immediate vicinity of the temporary use, and the use, value and qualities of the neighborhood surrounding the temporary use will not be adversely affected by the use or activities associated with it. In addition, to those listed herein, factors such as location, noise, light, dust control and hours of operation shall be considered.
(b) Location (zoning classification). Temporary uses shall only be allowed in the zoning classifications as specified in the table in division (K) below. Any temporary use which is left blank or which is not listed is not allowed.
(c) Location (permission required). The use shall not be on publicly or privately owned property unless the applicant first obtains written approval from the owner.
(d) Traffic. The location of the temporary use or structure shall be such that adverse effects on surrounding properties will be minimal, particularly regarding any type of traffic generated or impacted by the temporary use or structure and impact upon traffic circulation in the area.
(e) Parking and access. Adequate off-street parking shall be provided to serve the use. The use shall not displace the required off-street parking spaces or loading areas of the principal permitted uses on the site. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances.
(f) Property line setbacks. Structures and/or display or merchandise shall comply with the yard and property line setback requirements of the zone district within which it is located. The items shall be displayed so as not to interfere with the sight triangle of the intersection of the curb line of any two streets or a driveway and a street. In no case shall items be displayed, or business conducted within the public right-of-way.
(g) Signs. Signage for temporary uses shall be permitted only within the time frame from which the temporary use is permitted.
(h) Number per parcel. Only one temporary use shall be permitted for a single parcel of land at any given time.
(C) Temporary retail sales uses.
(1) Seasonal sale of agricultural products (including Christmas trees). Temporary use permits are required for all roadside stands in a zoning district in which the stands are permitted under division (K) below. These sales are limited to a period of time not to exceed four consecutive months per calendar year. A maximum of one building/display booth shall be allowed and may cover a maximum of 400 square feet. The structure must be portable and completely removed at the end of the period.
(2) Other temporary retail sales. Temporary use permits are required for the sale of food, cut flowers, beverages or merchandise from a stand in a zoning district in which the stands are permitted under § 154.128(K) below. Temporary vendors shall have the following restrictions:
(a) A temporary use permit shall be valid for 180 days, and can be renewed at the end of each 180-day period.
(b) Only one temporary use permit for a temporary vendor may be issued at a time.
(c) Trailers, carts and related storage must be removed by the close of each business day, and cannot be more than 100 square feet in size. Truck trailers are not permitted except for short-term delivery.
(d) The use may only be located on a vacant lot or a lot occupied with a nonresidential use.
(e) At the issuance and renewal of a temporary use permit, the applicant shall supply the Zoning Administrator with a schedule of the days of operation of the business, along with permission from the property owner to locate on the property.
(f) The temporary use shall adhere to all setback requirements of the zoning district in which the use is proposed to be located.
(h) The temporary use permit shall be issued only after payment of the fee set forth in the town's fee schedule, and completion of an application providing the following information:
(i) The name, home and business address of the applicant, and the name and address of the owner of the vending business, if other than the applicant;
(ii) A description of the type of food, beverage or merchandise to be sold;
(iii) The applicant's state sales tax number or, if the applicant is a charitable organization, its tax exempt number;
(iv) Whether the applicant has been convicted of a felony or misdemeanor other than a minor traffic citation within the past ten years and, if so, the crime convicted of and date and place of conviction;
(v) A site plan depicting the layout of the proposed temporary use in relation to any existing buildings and property lines;
(vi) The size of the lot or parcel on which the use is proposed to be located, the size of any existing buildings or structures on the subject property, and the number of existing parking spaces on the property; and
(vii) A copy of any approval required by the County Health Department pursuant to “Rules Governing the Sanitation of Restaurants and Other Foodhandling Establishments,” 10 N.C.A.C., Ch. 10, Subchapter 10A.
(i) All temporary use permit applications shall be submitted at least seven days prior to the commencement of the temporary use.
(j) It shall be unlawful for a temporary vendor to:
(i) Violate any federal, state, county or town law or regulation that pertains to food, beverages or the selling thereof, or that pertains to the operation of the vendor's business in the town;
(ii) Fail to permit any lawfully requested inspection by health officials or to comply with any lawful request of a police officer;
(iii) Fail to carry and display at all times of operation the permit issued under tins chapter;
(iv) Have a vending stand that is not in compliance with the review regulations or any additional special restrictions or conditions stated in the permit;
(v) Vend without insurance if such is a condition of the vendor's permit;
(vi) Sell food or beverages for immediate consumption, unless the vendor has available for public use a litter receptacle not more than ten feet distant from the vendor's stand;
(vii) Leave his or her designated location without first picking up, removing and disposing of all trash or refuse remaining from sales made by the vendor;
(viii) Allow any item relating to the operation of the vending business to be placed anywhere other than in, on or under the vending stand;
(ix) Offer to sell any goods other than those permitted by the permit;
(x) Sound or permit the sounding of any device which produces a loud and raucous noise, or engage in any hawking or harassment for the purpose of attracting the attention of the public to the vending stand;
(xi) Have any advertising, except the posting of prices, the name of the products, and the name of the vendor; or
(xii) Solicit or conduct business with persons in motor vehicles.
(D) Real estate development and construction-related temporary uses.
(1) Contractors office and equipment/storage shed. Placement of an accessory to a residential or non-residential construction project is limited to a period of time determined by an estimated project completion date with the option of an extension of up to one year as and if approved by the Administrator. A construction trailer may be used for a contractor's office or for the contractor's storage of equipment and materials. All temporary buildings and trailers shall be completely removed from the site within 30 days of issuance of a certificate of occupancy or completion of the construction project, whichever occurs first.
(2) Real estate office in a construction trailer or temporary modular unit. One temporary structure, such as a construction trailer or temporary modular unit may be used as a real estate sales office in any new construction project for the sale of units within that project only. A temporary use may be allowed in all zoning districts. The permit shall be valid for a period of six months or until the first unit for the project is completed, whichever occurs first.
(3) Real estate office in a model home. This use is limited to a period of time not to exceed 24 months, with the option of two extensions of up to 12 months each, as and if approved by the Administrator. The number of employees utilizing the office at any one time may not exceed five. A real estate office may not contain sleeping or cooking accommodations unless located in a model drawing.
(4) Single-family dwelling in temporary structure. During the active construction period (after a building or grading permit has been issued) of a construction project involving a non-residential use or a residential development with building permit(s) for more than 50 units at one time, one mobile home or trailer may be allowed on the same property to be used as a temporary residence by a night watchman for a period not to exceed 12 months or the active construction period, whichever is less. The temporary home shall be removed from the site within 14 days of issuance of the certificate of zoning compliance for a non-residential structure or the first residential unit if within a residential development.
(E) Recreational vehicles. No recreational vehicles shall be permitted as a temporary use or structure.
(F) Manufactured homes as a temporary structure.
(1) Manufactured homes may be allowed on a temporary basis in a zoning district in which the use is not listed as a permitted use, if a disaster occurs which results in an occupied, single-family dwelling being destroyed (i.e., it receives damage grater than 60% of its tax value as indicated on the most current tax listings).
(2) In this instance, a manufactured home may be placed on the lot containing the dwelling unit which was destroyed. The purpose of allowing the manufactured home on the lot is to give the occupants of the destroyed dwelling unit a place to live while a new dwelling unit is being constructed or damage to the original dwelling unit is being repaired.
(3) If a manufactured home is used for such an occurrence, it is subject to the following conditions:
(a) The manufactured home shall be placed in the side or rear yard unless topography dictates placement in the front yard, and shall be located no closer than 15 feet to another principal residential structure on another lot;
(b) The Zoning Administrator shall be given the authority to issue a zoning permit for the temporary use on a one-time basis only for a period of up to nine months; and
(c) The permit may be renewed on a one-time only basis (for a period of no greater than nine months) by the Board of Adjustment if it is determined that:
1. Construction of a new dwelling unit is proceeding in a diligent manner;
2. The granting of the permit will not materially endanger the public, health, welfare or safety; and
3. The location of the manufactured home on the site does not have a negative effect on abutting properties.
(G) Temporary yard and garage sales. Yard, garage, tag, patio and apartment sales are permitted without a permit, as an accessory use on any residential or institutional property in any district. Sales on the same lot shall be limited to no more than two days per calendar month.
(H) Amusement enterprises. Carnivals, circuses, fairs and amusement rides may be allowed in any non-residential zoning district for a period not to exceed 21 days within any calendar year. This classification excludes events conducted in a permanent entertainment facility.
(I) Religious events. Religious events in a tent or other temporary structure may be allowed for a period not to exceed 60 days.
(J) Special events and activities. Special events and activities conducted on public property, such as school sites and public parks, including farmer’s markets, shall be exempt from the provisions of this section of the Zoning Ordinance, but must comply with any guidelines, regulations and permitting processes required by the authorizing agent, and any other applicable provisions of this code.
(K) Permitted temporary uses. Temporary uses shall only be allowed in the zoning classifications as specified below and are subject to the applicable restrictions of this section. Any temporary use which is left blank or which is not listed is not allowed.
RE | R-1 LD | R-2 MD | CBD | HC | IND | PS | MU | TND |
RE | R-1 LD | R-2 MD | CBD | HC | IND | PS | MU | TND | |
Seasonal sale of agricultural products | P | P | P | P | P | P | P | P | P |
Temporary retail sales | P | P | P | P | P | ||||
Contractor's office/storage shed | P | P | P | P | P | P | P | P | P |
Real estate office in temporary structure | P | P | P | P | P | P | P | ||
Real estate office in model home | P | P | P | P | P | P | P | ||
Manufactured home as a temporary structure | P | P | P | P | P | P | P | ||
Single-family dwelling in temporary structure | P | P | P | P | P | P | P | P | P |
Temporary yard and garage sales | P | P | P | P | P | P | P | P | P |
Amusement enterprises | P | P | P | P | P | P | |||
Religious events | P | P | P | P | P | P | P | P | P |
Special events and activities | P | P | P | P | P | P | P | P | |
(Ord., Art. XII, § 1203, passed - -; Am. Ord. 2011-6, passed 8-18-2011; Am. Ord. passed 3-16-2017)