Proposed land uses defined as temporary uses shall obtain a zoning permit that outlines the conditions of operations and shall be consistent with the applications of this section. Upon conformance to all requirements of this section, the Administrator has the authority to issue a development permit for temporary uses such as bazaars, festivals, carnivals, produce stands, seasonal outdoor sales, races, construction offices, and similar uses. Such permit shall be issued for a fixed period of time, to be stated in the permit and shall be subject to such limitations as the Administrator may impose to protect the character of the district affected. The Administrator may consider any prior violation of this ordinance by applicant for which the applicant has received citation or notice from the Administrator as grounds for denial of an application.
3.11.1 GENERAL STANDARDS / PERMIT REQUIREMENTS FOR ALL TEMPORARY USE/SPECIAL EVENTS
A. All permitted temporary uses listed in this section require a zoning permit for temporary use that shall be reviewed and issued by the Administrator.
B. The property on which a temporary use is proposed must contain sufficient space to support the temporary use.
C. Parking must be adequate to support the proposed temporary use.
D. Restroom facilities, if needed, must be provided.
E. All inspections and permits required by the building code, fire marshal, or applicable government agency must be received.
F. A temporary use shall last only as long as that time period stated in the development permit but shall not exceed 140 days within a calendar year on any individual lot. Duration of a development permit for temporary use is intended to include days operated, or attended by persons not employed by or volunteering to work at the event and does not include the setup, takedown, clean-up, or rehearsal days of the event.
G. The applicant is responsible for fully removing from the site any structures allowed as temporary uses and also any garbage or rubbish resulting from the temporary use within three days after the expiration of the zoning permit. Each day after the expiration of the permit in which applicant fails to fully remove a structure or garbage or rubbish shall be deemed a violation of this ordinance.
H. Temporary uses shall be limited to a maximum duration of 14 days, unless otherwise specifically authorized or extended by the Administrator. A permittee may request an extension of the approval term in writing before the expiration of the original approval term and the Administrator may approve an extension upon a finding that the special event has substantially complied with all conditions of the original approval, and that the extension will not create substantial adverse impacts on adjacent properties.
I. Maximum number of special events per property, within any single calendar year, the same property may host no more than ten special events. The temporary use permits for these special events may be reviewed and approved concurrently. A minimum of 14 days shall lapse between special events on any one property.
J. Any temporary use/special event involving usage of a public street/property shall require Board of Commissioner approval.
3.11.2 TEMPORARY EVENTS / USES EXEMPT FROM PERMIT REQUIREMENTS
Zoning permits for temporary uses are not required for the following events (this exemption does not exclude any other required permits, such as building permit, ABC license, health department approval, Board of Commissioner approval for usage of a public street/property etc.):
A. Private events such as weddings, private parties, funerals, etc.; not open to the general public; and lasting less than 12 hours.
B. Government-sponsored events and those governed by the Lillington Code of Ordinances;
C. Regularly established permanent places of worship, sports facilities, schools, auditoriums, or other similar permanently established place of assembly for events that do not exceed the maximum capacity of the structure or site where the assembly is held.
D. Events which occur on property possessing site plan approval for such activities.
E. Indoor promotional events where the size and location of such events shall be reasonably related to the existing building and in no case shall interfere with the day-to-day business operations of on-site or adjacent businesses.
F. Natural disaster and emergency offices.
3.11.3 TEMPORARY USES WITH SPECIFIC REQUIREMENTS
A. Produce Sales, Seasonal Outdoor Sales & Other Similar Uses: Such temporary uses shall not exceed 90 consecutive days and no more than two events per calendar year. Hours of operation shall be limited to 7:00 a.m. – 10:00 p.m.
B. Contractor's Office and Equipment/Storage Sheds: Contractor's office and/or equipment/storage sheds may be placed in any district temporarily on the site of construction of a development for which plans have been approved. All such equipment shall be removed upon completion of development.
C. 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 in any district. Such a temporary structure shall be used for the sale of units within that project only. Temporary real estate offices in construction trailers or temporary modular units may remain on the site until the development completion date.
D. Real Estate Office in a Model Home: A model dwelling may be used as a real estate sales office in a new residential development in any District. Such a model home/sales office may be used for the sale of units within that project only.
E. Large Events (bazaars, festivals, carnivals, fairs, circuses, concerts and similar outdoor gatherings with the total anticipated assembly of 3,000 or more people and duration of two or more days per calendar year on an individual parcel or site). The following information is required as part of the application process a minimum of 30 days prior to the planned event:
1. Anticipated attendance, including previous attendance figures;
2. Anticipated number of days needed to prepare location for use;
3. Means of activity containment (i.e. fencing, security, etc.);
4. Event security, crowd control and traffic safety measures. Provisions for these must be approved by the Lillington Police Department;
5. Location of temporary signage;
6. Existing land uses of all adjacent properties;
7. Location of restroom facilities;
8. Method and location of garbage impoundment and means of removal;
9. Location and method of site lighting;
10. Adequate access for emergency vehicles;
11. Applicant is responsible for obtaining all other applicable permits, such as building permits, ABC licenses, and health department approval. Proof of application for these permits must be submitted with the zoning permit application.
(Ord. passed 2-14-2017; Ord. 2022-06, passed 7-13-2021)