A. Purpose. This Section allows for the establishment of specific temporary uses of limited duration, provided that such uses do not negatively affect adjacent land, and provided that such temporary uses are discontinued upon the expiration of a set time period. These temporary uses shall not involve the construction of any permanent building or structure, such as grand opening events, tent sales, outdoor vehicle shows, special events, and food trucks and street vendors.
B. Applicability. The standards in this Section are intended to allow for the short-term placement of activities, many of which would not be allowed on a permanent basis. The activities listed in this section require the issuance of a temporary use permit.
C. General Standards for Temporary Uses and Structures. All temporary uses and structures shall comply with the following standards, unless otherwise specified in this UDO.
1. Temporary uses shall be in compliance with all applicable provisions of this UDO.
2. Duration of temporary use shall be less than sixty (60) days, unless otherwise specified below, and a period of at least thirty (30) days shall intervene between the termination of one (1) period and the issuance of another temporary use permit for the same location.
3. Any temporary use that shall exist beyond sixty (60) days, or special event exceeding twenty (20) days and three (3) consecutive weekends total, shall require the issuance of a Special Use Permit by the Board of Adjustment in accordance with Section 3.4.9: Special Use Permits.
4. Temporary uses shall not violate the applicable conditions of approval that apply to a site or use on the site.
5. Temporary uses shall feature hours of operation compatible with adjacent uses, shall not generate noise which may disrupt adjacent land uses, shall remove any litter generated at no expense to the City, and shall have parking accommodations arranged so not to disrupt the normal flow of traffic.
6. Written permission of the property owner shall be required for any temporary use permit.
7. The temporary use shall have all appropriate permits and licenses from the City and other agencies.
8. No temporary use permit shall block fire lanes or pedestrian or vehicular access.
9. Adequate parking shall be provided.
10. Temporary uses shall not be located in required parking, landscaping, or vegetated areas.
11. Evidence that adequate provisions for trash disposal and sanitary facilities shall be provided.
12. The site of the temporary use shall be cleared of all debris at the end of the use.
13. There shall be adequate on-site restrooms facilities (as appropriate) for the temporary use.
14. All structures shall be cleared from the site within five (5) days after the use is terminated.
15. The Director may require the applicant post a bond to ensure compliance.
16. If the temporary use permit requires additional services or equipment on behalf of the City, the applicant shall be required to pay the City for the cost of these services or equipment.
D. Standards for Specific Temporary Uses.
1. Produce Stands.
a. The produce stand operator must obtain a permit from the Zoning Administrator, which describes the type of sales involved, the location, and the duration of the sales operation;
b. Fresh produce stands are permitted in the RLD, RMD, and GB districts;
c. The owner of the property, if not the same as the outdoor seasonal fresh produce stand operator/owner, shall give written permission to the operator/owner;
d. Fresh produce stands may operate at a site for up to one-hundred-eighty 180) days but only between May 1 and October 31;
e. Attached signage is permitted at one (1) square foot per linear foot of the structure up to fifteen (15) square feet per street frontage;
f. The use, including all sale items, parking, and maneuvering shall observe a setback of twenty (20) feet and shall not be located in the sight distance triangle;
g. There shall be only one (1) produce stand or periodic retail sales event either off-premise or on-premise) or produce sales event held at any one (1) time on a lot;
h. The produce stand operator is responsible for the removal of all trash and spoiled product on a daily basis;
i. Sufficient on-site parking shall be provided on gravel or paved surface area;
j. A sketch plan shall be required of the site showing all structures to be used, access, parking, signage, and setbacks;
k. No additional lighting shall be permitted;
l. Fresh produce stands shall not be permitted in infill neighborhoods; and
m. The entire produce stand including display areas shall be 1,500 square feet or less.
2. Temporary Dwellings and Structures. A temporary dwelling is permitted on a lot in a residential, business, industrial, or conditional district. A temporary dwelling may either be a dwelling that meets all applicable North Carolina Building Code requirements or a recreational vehicle, subject to the following standards:
a. Temporary Construction Dwelling.
i. One (1) temporary dwelling maybe used to house occupants of the principal dwelling under construction or subject to repair or casualty damage.
ii. Temporary dwellings may be used on a construction site and occupied by persons having construction or security responsibilities over such construction site.
iii. Temporary dwellings shall be located on the same lot as the structure under construction.
iv. The temporary use permit shall not be issued until a site plan approved or a building permit is issued for a principal structure.
v. A temporary dwelling shall be removed within 30 days of issuance of a certificate of occupancy for the structure or removed immediately if the building permit expires or is revoked.
vi. A temporary dwelling shall be limited induration to a maximum of one (1) year and may be renewed up to an additional six (6) months for a valid reason submitted and approved by the Director.
b. Temporary Residential Development sales Office or Model Home.
i. The use of the office shall be for the initial sale or lease of properties or buildings within the residential development being sold or leased.
ii. There shall be no signage for residential development sales office or model home on the premises in a residential zoning district, except for one (1) unlit ground announcement sign not to exceed six (6) square feet in area, and three-and-one-half (3.5) feet in height that is located on the sales office or model home lot.
iii. For a developing residential subdivision, any phase containing a residential development sales office or model home shall contain a minimum of five (5) acres and be intended for a minimum of ten (10) residential properties.
iv. The temporary residential development sales office or model home shall be converted into a dwelling or remove within thirty (30) days after all units are sold or leased.
v. No sales office or model home shall be used for any other retail purpose.
3. Portable On-Site Storage/Temporary Dumpster on Residential Property.
a. Portable On-Site Storage. A portable on-site storage unit is any container designed for the storage of personal property and for transport by commercial vehicle that is typically rented to owners or occupants of property for their temporary use. A portable on-site storage unit is not a building or structure and shall not use as an accessory structure on a permanent basis in a residential district.
i. Associated with a Building Permit. A portable on-site storage unit can be located on a residential property without a temporary use permit while the property is the job address listed on an active building permit issued by the Planning and Development Department.
ii. No Associated Building Permit. A portable on-site storage unit shall require a temporary use permit, according to Section 3.4.19: Temporary Use Permit, if it is located on a residential property for more than thirty (30) days.
1) No more than one (1) portable on-site storage unit shall be located on a single lot or parcel of land.
2) A portable on-site storage unit may be located in a driveway, a designated parking area or behind a dwelling.
b. Temporary Dumpster. A temporary dumpster is for the sole purpose of collecting and removing refuse generated from the same property of the dumpster location.
i. Associated with a Building Permit. A temporary dumpster can be located anywhere on a residential property without a temporary use permit while the property is the job address listed on an active building permit issued by the Planning and Development Department.
ii. No Building Permit. A temporary dumpster shall require a temporary use permit according to Section 3.4.11: Appeals, if it is located on a residential property for more than ninety (90) days. Only one (1) dumpster shall be allowed per residence.
4. Outdoor Sales.
a. Seasonal Sales. Outdoor seasonal sales are permitted on a lot in business, mixed-use, planned commerce development and conditional districts approved for commercial uses, subject to the following standards:
i. Seasonal sales shall be limited to seasonal agricultural products such as Christmas trees, pumpkins, and living plants.
ii. Outdoor seasonal sales shall be limited induration to a maximum of sixty (60) continuous days from the date the temporary use permit is issued.
iii. All products, equipment and related materials shall be removed from the site within five (5) days following the sale.
b. Residential. Garage or yard sales in residential districts shall not require a temporary use permit provided they comply with the following requirements:
i. No sales activities occur except in daylight hours and shall not exceed three (3) consecutive days.
ii. No display or storage of goods occurs outside except on the day of the sale.
iii. Yard sales shall be limited to three (3) days per quarter whether consecutive or not.
c. Non-Residential. Temporary non-residential sales shall be permitted on a lot in business, mixed-use, planned commerce development and conditional districts approved for commercial uses.
i. The sale of merchandise, products, or material must be a permitted principal use in the zoning district where the sales are temporarily located.
ii. Shall be located outside of street rights-of-way, required site distance triangles, required landscape areas, vehicular circulation areas, or pedestrian areas.
iii. The maximum period of operation for temporary non-residential sales shall be from 8:00 am to 10:00 pm.
iv. Permitted temporary non-residential sales shall be limited in duration to a maximum of sixty (60) continuous days of the date the temporary use permit is issued.
v. All merchandise and related materials shall be removed from the site following the sale.
5. Food Trucks. Food trucks are defined as a licensed, motorized vehicle or mobile food unit licensed by the NC State Division of Motor Vehicles, designed, and equipped to serve food and beverages. Food trucks are permitted on lots in business, mixed-use, industrial, planned commerce development or conditional district that maintains commercial or industrial uses subject to the following standards.
a. To locate on a property in one (1) of the above zoning districts, the property must have a primary use. An example of a primary use would be a building with an active use or an improved stand-alone parking lot. An unimproved grass or dirt lot is not a primary use.
b. Must be located on private property with written permission from the property owner.
c. Allowed at permitted special events and on active construction sites.
d. Not allowed fifty (50) feet from the main entrance of any restaurant or outdoor dining area.
e. Not allowed less than five (5) feet from driveways, sidewalks, utility boxes, handicap ramps, building entrances or exits, or emergency call boxes.
f. Not allowed within fifteen (15) feet from any fire hydrant.
g. The minimum distance requirements are measured in a straight line from the closest point of the proposed food truck location to the closest point of the buffered object, or in the case of a restaurant, measured from the closest point of the restaurant’s main entrance.
h. Food truck vendors are responsible for the proper disposal of waste and trash associated with the operation. Vendors shall remove all waste and trash from their location at the end of each day or as needed to maintain the health and safety to the public. The vendor shall keep all areas within ten (10) feet of the truck clean of grease, trash, paper, cups or cans associated with the vending operation. No liquid waste or grease is to be disposed into the tree pits, storm drains or onto the sidewalks, streets or other public place. Under no circumstances shall grease be released into or disposed of in the City’s sanitary sewer system.
i. There shall be no audio amplifier or similar device to attract the attention of the public.
j. Advertising consisting of business name, logo, and items available for sale maybe displayed onto the food truck. No other form of advertising is permitted.
k. Obtain all required permits from Union County Environmental Health.
E. Special Events. A special event includes, but is not limited to arts and craft shows, cultural events, musical events, concerts and stage shows, celebrations, festivals, fairs, carnivals, circuses, or outdoor civic, religious or non-profit events.
1. No premise shall be the site of a special event exceeding a collective total of twenty (20) days or, three (3) individual weekends, or both, within any one (1) calendar year. In this context, a weekend shall constitute three (3) consecutive days.
a. A special event sponsored by the City, a county or the State shall be allowed to extend beyond the collective total of twenty (20) days or, three (3) individual weekends, or both within one (1) calendar year.
2. A special event not exceeding the collective total of days and weekends shall receive a temporary use permit. Special events exceeding the collective total of days and weekends shall receive a Special Use Permit from the Board of Adjustment in accordance with Section 3.4.9: Special Use Permit.