Temporary structures and uses, when in compliance with all applicable provisions of this chapter and all other ordinances of the city shall be allowed. The following temporary structures and uses shall be permitted.
(A) Construction trailers used in connection with construction projects shall not require special use or temporary use permits provided that the following conditions are met:
(1) The construction trailers shall be located on a building site only upon receipt of a valid building permit for the construction project;
(2) The construction trailers may remain on a construction site as long as there is a valid building permit for the construction project; and
(3) All construction trailers shall be located off all street rights-of-way.
(B) (1) Carnivals, circuses, tent assemblies, and similar commercial and charitable uses not otherwise listed as a permitted use or a use subject to prescribed standards in the district in which they are located and which are of limited time duration and which do not involve the use of any permanent structures and which are located less than 200 feet from residential land uses located in residential zoning districts may be permitted upon the authorization of the Board of Adjustment and subsequent issuance of a permit by the Administrator. The Board of Adjustment, in approving the use, may authorize conditions regarding duration of the use, hours of operation, signage, lighting and the like, and these conditions shall be made part of the permit issued by the Administrator.
(2) Carnivals, circuses, tent assemblies, and similar commercial and charitable uses not otherwise listed as a permitted use or a use subject to prescribed standards in the district in which they are located and which are of limited time duration and which do not involve the use of any permanent, structures and are located 200 feet or more from residential land uses located in residential zoning districts may be permitted upon the authorization of the Zoning Administrator. The Zoning Administrator, in approving the use, may authorize conditions regarding duration of the use, hours, of operation, signage, lighting and the like, and these conditions shall be made part of the permit issued by the Administrator.
(C) In the event of a disaster, the result of which would require the rebuilding of a dwelling, the owner and his or her family may occupy a manufactured home on the property. The permit granted by the Administrator, shall be for a one year period and may be renewed by the Board of Adjustment provided that construction has proceeded in a diligent manner.
(D) Structures, whether temporary or permanent, located in a subdivision, and used as sales offices for the subdivision development are permitted. The permits shall be issued by the Board of Adjustment for a period of one year, and are renewable for a period of time to be determined by the Board of Adjustment, provided the development is being actively marketed. At the completion of the sales in a tract or upon expiration of the permit, whichever occurs first, the temporary structure(s) shall be removed, and any permanent structure(s), temporarily used as a sales office shall be used only for a purpose otherwise permitted in that district.
(E) (1) In any Single Family Residential (R) District, a temporary health care structure is a permitted accessory use subject to the provisions of this section.
(2) The following definitions apply in this section:
(a) ACTIVITIES OF DAILY LIVING. Bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting, and eating.
(b) CAREGIVER. An individual 18 years of age or older who (i) provides care for a mentally or physically impaired person and (ii) is a first- or second-degree relative of the mentally or physically impaired person for whom the individual is caring.
(c) FIRST- OR SECOND-DEGREE RELATIVE. A spouse, lineal ascendant, lineal descendant, sibling, uncle, aunt, nephew, or niece and includes half, step, and in-law relationships.
(d) MENTALLY OR PHYSICALLY IMPAIRED PERSON. A person who is a resident of this state and who requires assistance with two or more activities of daily living as certified in writing by a physician licensed to practice in this state.
(e) TEMPORARY FAMILY HEALTH CARE STRUCTURE. A transportable residential structure providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, and (iv) complies with applicable provisions of the State Building Code and G.S. § 143-139.1(b). Placing the TEMPORARY FAMILY HEALTH CARE STRUCTURE on a permanent foundation shall not be required or permitted.
(3) A temporary family health care structure used by a caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver is a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings.
(4) A temporary family health care structure used by an individual who is the named legal guardian of the mentally or physically impaired person is a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings in accordance with this section if the temporary family health care structure is placed on the property of the residence of the individual and is used to provide care for the mentally or physically impaired person.
(5) Only one temporary family health care structure shall be allowed on a lot or parcel of land. Such temporary family health care structures shall comply with all setback requirements that apply to the principal structure.
(6) Any person proposing to install a temporary family health care structure shall first obtain a permit from the Zoning Administrator. The applicant must provide sufficient proof of compliance with this section in order to obtain a permit. The applicant must also provide evidence of compliance with this section on an annual basis as long as the temporary family health care structure remains on the property. The evidence may involve the inspection by the Zoning Administrator or his or her designee of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation and annual renewal of the doctor's certification.
(7) Any temporary family health care structure installed under this section may be required to connect to any water, sewer, and electric utilities serving the property and shall comply with all applicable state and local ordinances as if the temporary family health care structure were permanent real property.
(8) No signage advertising or otherwise promoting the existence of the temporary health care structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.
(9) Any temporary family health care structure installed pursuant to this section shall be removed within 60 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. If the temporary family health care structure is needed for another mentally or physically impaired person, the temporary family health care structure may continue to be used or may be reinstated on the property within 60 days of its removal, as applicable.
(10) The Zoning Administrator or his designee may revoke the permit granted pursuant to division (6) if the permit holder violates any provision of this section.
(Prior UDO, § 5.9) (Ord. ZTA-3-08, passed 11-18-2008; Ord. ZTA-1-2011, passed 5-5-2011; Ord. O-02-18, passed 4-5-2018; Ord. passed - - )
Penalty, see § 153.999