3.9.5.  Temporary Use Permit.
   A.   Applicability. Temporary uses operating for up to ninety days within a one-year period shall obtain a temporary use permit from the that outlines conditions of operations to protect the public, health, safety, and welfare.
   B.   Types. Temporary uses shall include short-term or seasonal uses that are not otherwise permanently allowed in the zoning district regulations.
   C.   Application. Applications shall include a description of the proposed , the duration, the hours of operation, anticipated attendance, associated or , written permission from the property owner, and additional information deemed necessary by the .
   D.   Review by Technical Review Committee.
      1.   The application should be submitted at least thirty (30) days prior to the requested start date.
      2.   The shall request additional materials or revisions to the application, approve, approve with conditions, or deny the permit at least ten business days in advance of the requested start date.
      3.   The shall provide written decisions for all denials.
   E.   Approval Criteria. The Technical Review Committee shall evaluate temporary uses based on the following standards:
      1.   Land Use Compatibility. The temporary use must be compatible with the purpose and intent of this UDO and the associated zoning district. The temporary use shall not impair the primary of the same site.
      2.   Review by Building Official. Any temporary s shall require permits or approvals by the Official and Fire Code Inspector. If necessary, the applicant must obtain approvals from the State of North Carolina and Wake County Health Department.
      3.   Hours of Operation and Duration. Hours of operation and duration shall be approved by the at the time of permit issuance.
      4.   Traffic Circulation. The Town Engineer shall determine that the temporary use will not disturb traffic patterns or cause undue congestion.
      5.   Off-street Parking. Adequate off- parking must be provided for the without creating greater than a 25% shortage of parking for permanent uses.
      6.   Appearance and Nuisances. The temporary use shall be compatible in intensity, appearance, and operation with surrounding land uses. It shall not impair the usefulness, enjoyment, or value of the surrounding properties by introducing nuisances.
      7.   Signs. The shall review and approve all signage prior to issuing the permit.
   F.   Other Conditions. The applicant must adhere to conditions specified by the Technical Review Committee. These conditions may but are not limited to screening and buffering, site restoration, and clean-up provisions, in addition to any of the criteria described above.
   G.   Expiration. If the temporary use has not commenced within ninety days of the requested event start date, the permit shall expire.
(Ord., 3-16-21)