Development standards applicable to particular temporary uses identified in Table 155-8, Table of Permitted Uses include the following:
(A) Carnivals, fairs, circuses and similar uses.
(1) The permit shall specify the number of days of operation for the event but in no case shall the time period exceed 14 days.
(2) The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the code of ordinances.
(3) The use shall have direct access to a collector or higher capacity street.
(4) The permit shall not be issued unless parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
(5) Adequate bathroom facilities shall be provided and the use shall comply with the applicable Health Department requirements for sanitation and public health safety.
(6) The applicant shall coordinate with the city to provide for trash removal.
(7) The event shall also comply with and be permitted by the North Carolina Department of Labor (NCDOL), if applicable.
(8) Additional site plan requirements: In addition to the site plan requirements of Appendix A, the required site plan shall show the following:
(a) Internal circulation patterns and provisions for parking;
(b) How noise, dust and traffic will be controlled and the visual impact of the event;
(c) Size and location of signage; and
(d) Surrounding land uses within 500 feet of the property.
(B) Concerts, stage shows.
(1) The minimum site area shall be three acres.
(2) The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the code of ordinances.
(3) The use shall have direct access to a collector or higher capacity street.
(4) The permit shall not be issued unless parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
(5) Adequate bathroom facilities shall be provided and the use shall comply with the applicable Health Department requirements for sanitation and public health safety.
(6) The applicant shall coordinate with the city to provide for trash removal.
(C) Corn maze, hay rides and similar temporary uses associated with a bona fide farm operation.
(1) Sufficient room for customer parking shall be provided on the lot and must be located so that parking is completely off of the public street right-of-way. The lot shall encompass sufficient lot area to accommodate the off-street parking needs of both the temporary use and the principal use. The Zoning Administrator shall not grant the permit unless he or she finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
(2) Principal vehicular access shall be from a collector or higher capacity street.
(3) The permit shall be valid for a period not to exceed 60 days.
(4) Signs shall be in compliance with Chapter 157.
(D) Fireworks stand.
(1) Sufficient room for customer parking shall be provided on the lot and must be located so that parking is completely off of the public street right-of-way. The lot shall encompass sufficient lot area to accommodate the off-street parking needs of both the temporary use and the principal use. The permit for the use shall not be issued unless the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
(2) Principal vehicular access shall be from a collector or higher capacity street.
(3) The permit shall be valid for a period not to exceed 30 days.
(4) All structures must be portable and shall be removed from the site at the termination of the permit period.
(5) Signs shall be in compliance with Chapter 157.
(E) Nonprofit civic event, outdoor.
(1) Permitted uses. Temporary use of property for non-profit civic purposes for bazaars, carnivals, circuses, religious services, sports events or other similar uses.
(2) Duration. The permit shall specify the number of days of operation for the event but in no case shall the time period exceed 30 consecutive days.
(3) Use separation. The use and all auxiliary and accessory functions connected with the use, including off-street parking, shall be located no nearer than 300 feet to any building used for low density residential purposes.
(4) Noise. The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the code of ordinances.
(5) Parking. The permit shall not be issued unless parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
(6) Vehicular access. Principal vehicular access shall be from a collector or higher capacity street.
(F) Outdoor fruit and vegetable market, seasonal.
(1) Sufficient room for customer parking shall be provided on the lot and must be located so that parking is completely off of the public street right-of-way. The lot shall encompass sufficient lot area to accommodate the off-street parking needs of both the temporary use and the principal use. The permit shall not be issued unless parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
(2) Principal vehicular access shall be from a collector or higher capacity road.
(3) The permit shall be valid for a period not to exceed 90 days.
(4) All structures must be portable and shall be removed from the site at the termination of the permit period.
(5) Signs shall be in compliance with Chapter 157.
(G) Outdoor religious event.
(1) Sufficient room for customer parking shall be provided on the lot and must be located so that parking is completely off of the public street right-of-way. The lot shall encompass sufficient lot area to accommodate the off-street parking needs of both the temporary use and the principal use. The permit shall not be issued unless parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
(2) Principal vehicular access shall be from a collector or higher capacity street.
(3) The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the code of ordinances.
(4) The permit shall be valid for a period not to exceed 14 days.
(5) All structures must be portable and shall be removed from the site at the termination of the permit period.
(6) Adequate bathroom facilities shall be provided and the use shall comply with the applicable Health Department requirements for sanitation and public health safety.
(7) Signs shall be in compliance with Chapter 157.
(H) Temporary construction or office; security residence; real estate sales or rental office (on-site with concurrent building permit for permanent building).
(1) Defined. A temporary construction office, security residence or real estate sales or rental office is intended for short-term use during the construction of nonresidential buildings and residential developments such as subdivisions and multi-family developments.
(2) Nonresidential district requirements.
(a) Temporary use of property for construction offices, security or sales/rental offices in any district except residential districts shall be permitted at a site where erection, addition, relocation and/or structural alterations conforming to the provisions of the UDO is taking place.
(b) A manufactured home or recreational vehicle may be used as a temporary security residence.
(c) A building permit for the principal building or use must be obtained or the principal use must be initiated prior to occupancy of the construction office, sales/rental office or security residence.
(d) Any temporary structure or building authorized for the temporary use shall be removed at the end of 30 days from the date of the project completion.
(e) Any extension of the 30 day period shall be by approval of the Zoning Administrator.
(f) The temporary office, sales/rental and security residence shall:
1. Have an approved water and sewage disposal connection;
2. Meet all setbacks applicable to the principal building or use;
3. Be erected in accordance with the State Building Code;
4. Be located at least 20 feet from the principal building; and
5. Be owned by the same person that owns the principal building or use.
(3) Residential district requirements.
(a) Temporary use of property for construction offices, security residence or sales/rental offices in residential districts shall be limited to the construction site.
(b) A manufactured home or recreational vehicle may be used as a temporary security residence.
(c) A building permit for the principal building or use must be obtained or the principal use must be initiated prior to occupancy of the construction office, sales/rental or security residence.
(d) No more than one office or security residence shall be permitted per building lot or development.
(e) The temporary office, sales/rental and security residence shall:
1. Have an approved water and sewage disposal connection;
2. Meet all setbacks applicable to the principal building or use;
3. Be erected in accordance with the State Building Code;
4. Be located at least 20 feet from the principal building; and
5. Be owned by the same person that owns the principal building or use.
(f) Sales/rental offices (also called field offices) used in conjunction with the sale or promotion of a residential subdivision shall be removed immediately upon sale of 95% of the lots in the subdivision.
(g) Temporary construction offices and security offices shall be removed within 30 days after the issuance of a final certificate of occupancy for the principal building(s). In the case of a multi-lot residential development, the permit for a security residence shall expire within 12 months after the date of issuance of the zoning permit, except that the Zoning Administrator may renew the permit for a period not to exceed six months if he or she determines that the renewal is reasonably necessary to provide on-site security services for the residential development.
(I) Temporary portable storage containers.
(1) Nonresidential District requirements.
(a) A temporary portable storage container may be permitted on a parcel within a nonresidential zoning district for a period not to exceed 30 days within any consecutive six-month period. However, in the case where a structure has been destroyed or damaged by casualty, the maximum time period may be as authorized in division (I)(3)(a) below.
(b) Temporary portable storage containers may not exceed a gross floor area of 130 square feet or eight and one-half feet in height.
(c) Temporary portable storage containers shall be located behind the principal building or at the side if the physical nature of the site renders rear placement impossible, as determined by the Zoning Administrator. Temporary portable storage containers shall meet the side and rear property setback lines for the zoning district for which it is located in. Temporary portable storage containers shall not be located in a street right-of-way, in any required landscaped area or open space, on any sidewalk or trail, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation.
(d) No more than two temporary portable storage containers may located on a single parcel within a nonresidential zoning district.
(2) Residential District requirements.
(a) A temporary portable storage container may be permitted on a parcel containing a residence for a period not to exceed 30 days within any consecutive six-month period. However, in the case where a residence has been destroyed or damaged by casualty, the maximum time period may be as authorized in division (I)(3)(a) below.
(b) Temporary portable storage containers may not exceed a gross floor area of 130 square feet or eight and one-half feet in height.
(c) Temporary portable storage containers shall not be located within three feet of the property line unless placed on an existing impervious driveway and shall not be located in a street right-of-way, in any required landscaped area or open space, on any sidewalk or trail, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation.
(d) No more than one temporary portable storage container may be located on a parcel within a residential zoning district.
(3) Temporary portable storage containers used in connection with permitted construction activity. Temporary portable storage containers used in connection with permitted construction activity may be located in any zoning district subject to the following conditions.
(a) A temporary portable storage container may be permitted for the duration of construction authorized by an active building permit. The container shall be removed within 30 days of the issuance of a certificate of occupancy or final inspection.
(b) Temporary portable storage containers shall not encroach on sidewalks, public rights-of-way, or adjacent properties, or be placed in a location that blocks or interferes with any vehicular and/or pedestrian circulation.
(c) No more than one temporary portable storage container may be located on a single parcel within a residential zoning district. No more than two containers may be located on a single parcel within a nonresidential zoning district.
(J) Turkey shoot.
(1) Structures or operational activities shall not be located within 50 feet of a public street right-of-way.
(2) Sufficient room for customer parking shall be provided on the lot and must be located so that parking is completely off of the public street right-of-way. The lot shall encompass sufficient lot area to accommodate the off-street parking needs of both the temporary use and the principal use. The Zoning Administrator shall not grant the permit unless he or she finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
(3) Principal vehicular access shall be from a collector or higher capacity street.
(4) The permit shall be valid for a period not to exceed 30 days.
(5) All structures must be portable and shall be removed from the site at the termination of the permit period.
(6) Signs shall be in compliance with Chapter 157.
(7) All turkey shoots shall be established with the line of fire perpendicular to and away from a road right-of-way. The line of fire is a line which passes through the firing point and bisects the target. The backstop or target area shall be located not less than 500 feet from the street right-of-way.
(8) Sites adjacent to more than one street right-of-way must designate the higher classified street as the front, and set the line of fire perpendicular thereto. Any resultant line of fire parallel to a street must be a minimum distance of 200 feet from and parallel to the street right-of-way.
(9) Operation:
(a) All backstops shall be constructed a minimum of 500 feet from a residence located to the rear and/or side of the backstop. The design of the backstop shall be as approved by the National Rifle Association;
(b) The firearms used in turkey shoots shall be limited to shotguns firing shot no larger than number eight. No firearms may be used which have been altered from manufacturer’s specifications;
(c) The operators of the turkey shoot shall be responsible for maintaining adequate fire protection by notifying the local fire department as to the dates and times of the turkey shoot; and
(d) Provisions for sanitation and refuse disposal must be made in accordance with city and/or the applicable Health Department standards.
(10) The Zoning Administrator shall coordinate the review of a request for a turkey shoot with the City Police Department and/or the County Sheriff’s Department.
(K) Yard and garage sales (nonresidential and residential).
(1) Defined. All general sales, open to the public, usually conducted from or on a residential premises in any district for the purpose of disposing of personal household property. The term YARD AND GARAGE SALE shall include all the herein described sales, whether or not they are garage, lawn, yard, attic, porch, room, backyard, patio or rummage sales.
(2) Additional requirements.
(a) All sales activities shall be setback a minimum of ten feet from a public street right-of-way.
(b) Parking generated by the event must be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
(c) The yard and garage sale activity shall not to exceed two consecutive days. No more than three yard and garage sale events shall occur at any one premise(s) per calendar year.
(d) All sales items shall be removed from the site at the termination of the day’s event.
(e) Signs shall not be placed on poles, traffic signs on or within the public right-of-way. Signs shall be in compliance with Chapter 157.
(L) Temporary and special events not listed elsewhere.
(1) No building or structure shall be located within 50 feet of a public street right-of-way.
(2) Sufficient room for customer parking shall be provided on the lot and must be located so that parking is completely off of the public street right-of-way. The lot shall encompass sufficient lot area to accommodate the off-street parking needs of both the temporary use and the principal use. The Zoning Administrator shall not grant the permit unless he or she finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the rights of adjacent and surrounding property owners.
(3) The amount of noise generated shall not disrupt the activities of the adjacent land uses and shall not be in violation of Chapter 93 of the code of ordinances.
(4) The permit shall be valid for a period not to exceed 14 days. No more than three special temporary and seasonal events shall occur at any one premise(s) per calendar year.
(5) All structures must be portable and shall be removed from the site at the termination of the permit period.
(6) Signs shall be in compliance with Chapter 157.
(7) Health Department Requirements: The event shall comply with all applicable Health Department requirements for sanitation and public health safety.
(8) The event shall comply with all applicable federal, state and local regulations and authority.
(M) Temporary recreational vehicles (RVs) and manufactured housing units (MHUs).
(1) The Zoning Administrator may approve the temporary set-up and occupancy of RVs and FEMA-issued MHUs if (1) the principal residence of the occupant has been destroyed or damaged to the extent that the residence is not habitable and (2) the damage or destruction was caused by a natural disaster covered by a disaster declaration issued by the state or federal government.
(2) A permit shall be required for this activity. The use must be in conjunction with a permit to repair/replace the damaged residence.
(3) RVs shall not be set up or occupied for a period of more then three months unless circumstances arise that warrant additional time; in such event, the City Manager may extend the time for occupancy up to a maximum occupancy period of six months.
(4) MHUs shall not be set up or occupied for a period of more than six months unless circumstances arise that warrant additional time; in such event, the City Manager may extend the time for occupancy up to a maximum occupancy period of 18 months.
(5) All RVs and MHUs must be properly connected to water and a wastewater system or have a means to properly remove all wastewater. The unit must also have an approved power source.
(6) RVs and MHUs located in a Special Flood Hazard Area must comply with the city flood ordinance and FEMA requirements.
(7) The set-up or occupancy of an RV or MHU shall not be permitted within the city for any other reason whatsoever, except as otherwise provided for in this section.
(Ord. passed 7-25-2011; Ord. 18-O-05, passed 8-22-2018)