A. Purpose and intent. It is the purpose of this section to permit temporary uses and structures within the city on a controlled, time-limited basis to minimize adverse impacts on the community. The intent of this section is to establish specific regulations to allow temporary uses while eliminating to the greatest possible extent any problems, threats, or dangers to the public health, safety or welfare as may exist with any and all such uses.
B. Permitted temporary uses. Temporary uses shall be limited to a use or use of land, building, or structure not intended to be of a permanent duration. Such uses shall be limited to the following:
l. Circuses and/or carnivals.
2. Evangelistic and religious events.
3. Outdoor bazaars, cookouts and/or similar activities by churches or other nonprofit institutions or organizations.
4. Open lot sale area for farm produce made or grown by the farm producer or immediate family.
5. Open lot sales area for Christmas trees.
6. Contractors' office and/or construction shed including mobile offices during construction on the development site.
7. Temporary special sales, yard sale or "flea" markets in commercial or industrial zoned districts.
8. Yard sales conducted outdoors by a resident in their respective yard area.
9. Other temporary recreational or entertainment related events or activities such as fairs or concerts.
10. Temporary relocation of manufactured housing for displaced persons as a result of natural or manmade disaster.
11. Mobile food vendor, push cart, or similar temporary retail food sales.
Itinerant merchants, as defined by the North Carolina General Statutes, shall not be considered a temporary use pursuant to this section. Itinerant merchants shall be subject to the regulations of chapter 10, article VII of the Marion City Code, rather than the regulations of this section.
C. Duration, frequency and permitted zoning districts. The following table defines the requirements for duration, frequency, and permitted zoning districts for which a temporary use may occupy a site:
Temporary Use
| Maximum Duration Per Separate Use Per Site
| Maximum Frequency of Event Per Person or Group Per Site
| Permitted Zoning Districts
|
Temporary Use
| Maximum Duration Per Separate Use Per Site
| Maximum Frequency of Event Per Person or Group Per Site
| Permitted Zoning Districts
|
Circuses and/or carnivals | Seven (7) days | Four (4) per calendar year | Any nonresidential zoning district within a distance no greater than two thousand (2,000) feet from Interstate 40 |
Circuses and/or carnivals | Seven (7) days | One (1) per calendar year | All other locations nonresidential zoning districts |
Evangelistic and related religious congregations | Fourteen (14) days | Four (4) per calendar year | All nonresidential zoning districts. |
Outdoor bazaars, cookouts and/or similar activities by churches or other nonprofit institutions or organizations | Three (3) days | One (1) every three (3) months | All zoning districts |
Open lot sales for farm produce | Two (2) days | Twenty-four (24) per calendar year | All commercial zoning districts |
Open lot sales for Christmas trees | Forty-five (45) days | One (1) per year | All commercial zoning districts |
Contractors' office and/or construction shed including mobile offices during construction on the development site | Between issuance of a building permit and a final certificate of occupancy, annual renewal is required. | None | All zoning districts |
Temporary special sales, yard sale or "flea" markets in commercial or industrial zoned districts | Two (2) days | Four (4) times per year | All nonresidential zoning districts |
Yard sales conducted outdoors by a resident in their respective yard area | Two (2) days | Four (4) times per year | All residential zoning districts |
On-site estate auctions | Two (2) days | One (1) per year | All zoning districts |
Other temporary recreational or entertainment related events or activities such as fairs or concerts | One (1) day except fourteen (14) days for an annual event. | One (1) per month for one (1)-day events; one (1) per year for fourteen (14) day events | All nonresidential zoning districts |
Temporary relocation of manufactured housing for displaced persons as a result of natural or manmade disaster | Eighteen (18) months unless authorized by city council | None | Within a designated disaster relief area |
D. Criteria. A temporary use permit may be issued to the owner, tenant or lessee of any property located within the city. A temporary use permit may be issued provided the proposed use meets the following criteria:
1. The temporary use must be compatible with the surrounding uses.
2. The temporary use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district.
3. If the temporary use is anticipated to draw less than one hundred (100) people at any given time, then it shall be approved by the planning and development director.
4. If the temporary use is anticipated to draw more than one hundred (100) people at any given time, then it shall be approved by the city manager. If the event is anticipated to draw over one thousand (1,000) people, it must be approved by the city council and an application must be submitted no less than thirty (30) calendar days prior to the event.
5. No more than two (2) temporary use permits may be issued at any given time to the same applicant, unless approved by the city manager.
6. The city shall refuse to issue a permit when the activity or purpose stated in the application would violate any ordinance of the city or statute of the state, or when the activity or purpose would constitute a clear and present danger to public health or safety.
E. Permit required. Any person desiring to conduct a permitted temporary use, as defined in subsection (2) and (3) above with the exception of residential yard sales, must first obtain a permit from the city. Such permit will establish the requirements for the particular use set out in subsection (C) and (D) below.
1. Purpose. The purpose of this permit is to insure that a temporary use meets the requirements set out herein and to coordinate traffic, parking, and other inspections as necessary to the safe and healthful operation of the event.
2. Application. Application for a temporary use permit shall be made to the city of Marion at least five (5) business days prior to the start of such use with the exception of temporary uses requiring city council approval in which the application must be submitted no less than thirty (30) calendar days prior to the event.
3. Requirements. A temporary use permit shall not be issued until evidence is shown that the following requirements have been or will be complied with:
a. The temporary use is permitted under subsection (2) and (3) above.
b. Ample parking is provided for the temporary use, in addition to required parking for any permanent use or uses located on the same property as the proposed temporary use.
c. Written authorization is given from the property owner or his/her agent for the temporary use to take place.
d. Any temporary use held outside of a building and within five hundred (500) feet of any residence shall cease operation by 10:00 p.m.
e. Noise shall be controlled so that no adjoining property owner or occupant is unduly disturbed by the temporary use.
f. Restroom facilities are provided at a rate of not more than one hundred (100) persons per toilet seat unless otherwise approved by the county health officer. All facilities shall be located and screened in a manner not to be visible from the public right-of-way or adjacent to a residential use.
g. All solid waste, human waste and animal waste shall be removed off-site and transported to an approved sanitary facility pursuant to chapter 9, health and sanitation of the Marion City Code.
4. Additional requirements. The following additional requirements shall apply:
a. Where a tent or similar structure is to be used, the following requirements or documentation shall be met:
i. A limitation on the number of occupants in a structure shall be observed as per the fire inspector.
ii. If a tent is to be used for human occupancy, a certificate of insurance must be submitted which will cover liability on the part of the applicant or sponsor in the event of an accident.
iii. A certificate of flame resistance shall be submitted which will provide assurance that the structure has been properly treated with flame retardant and has been maintained as such.
b. Contractors' office and/or construction shed including mobile offices shall be removed prior to receiving a certificate of occupancy.
c. Any temporary use deemed by the chief of police to have a potential risk to health, safety or public order may require the applicant to provide private protective services.
d. Where a mobile food vending unit is to be established the applicant shall meet the provisions of Sec. 4-4.3.
(Ord. No. O-21-06-15-5, §1, 6-15-21)