(A) Modular offices.
(1) Modular offices may be used on a temporary basis in districts where they are not listed as a permitted or conditional use for such purposes as construction offices, bloodmobiles, bookmobiles and traveling museums. However, such uses must obtain a temporary occupancy permit from the Zoning Administrator if the use is to last more than 48 hours at one site.
(2) Modular offices may also be used for other office or business purposes in cases where the permanent structure has been destroyed through no fault of the owner or tenant. A temporary occupancy permit must be obtained before the use of the mobile office is initiated. This occupancy permit shall be valid for a specified period of time while reconstruction takes place, not to exceed six months, and may be renewed no more than once.
(3) Temporary construction equipment may be located on a construction or development site. However, a temporary occupancy permit must be obtained before locating such equipment. This occupancy permit shall be valid for a specified period of time while reconstruction takes place, not to exceed six months, and may be renewed.
(B) Mobile homes as temporary principal residence. Temporary use of a mobile home as a residence shall be permitted in any residential district in cases where the permanent home has been destroyed through no fault of the owner. A temporary occupancy permit must be obtained from the Zoning Administrator before the use of the mobile home is initiated or at the same time as the building permit is applied for in the case of construction of a new permanent home on the same lot. This temporary occupancy permit shall be valid for a specified period of time, not to exceed six months, while reconstruction or construction takes place and may be renewed once for an additional six-month period by the Zoning Administrator. Applicable certifications from the Development Services Department must be obtained for new home construction at the same time a temporary occupancy permit is granted.
(C) Mobile homes as temporary accessory dwelling in the case of a hardship. In a zoning district where manufactured homes are permitted, an individual may petition the Planning Board to place a manufactured home as a temporary second dwelling on a single parcel that does not meet minimum lot size requirements under conditions of hardship. However, prior to issuance of a mobile home permit for hardship, the Environmental Health Department must approve the additional septic system on the parcel in question. Permits must be renewed annually by the Zoning Administrator. If, for any reason, the conditions of the hardship cease to exist, the mobile home permit shall become null and void. Mobile home permits issued for hardship are for temporary situations only.
(D) Yard sales. Yard sales are permitted on a temporary basis in any residential district for a duration of no more than three days. Property owners shall be permitted no more than five yard sales per year.
(E) Temporary occupancy of recreational vehicles for recreational purposes on private land located in an RA District. Recreational uses located in an RA district may use a single recreational vehicle (“RV”) as their personal temporary living quarters for recreational purposes on said parcel when the following conditions are met:
(1) A permit allowing temporary recreational placement of the RV on the parcel must be applied for, paid for, and issued prior to locating and occupying the RV. The permit fee is $500.
(2) The parcel must be at least ten acres in size, must be zoned RA, and must not have any stick-built homes, modular homes, mobile homes or any other type of temporary or permanent dwelling located thereon. The parcel may not be used for any business purpose while an RV is occupied or under a permit issued under this chapter or located on the parcel.
(3) A permit under this section may only be issued to the owner of the parcel. It may not be issued to a person renting or leasing the parcel. The permit is only for personal use as temporary occupation for recreational purposes by the owner of the parcel. The RV may not be rented out or leased to any person. The owner may not charge or receive renumeration for the use of the RV on the parcel. The RV may not be used for any business use.
(4) Only one permit may be issued for the parcel of land. No other RVs may be located on the parcel of land.
(5) The RV must be screened by a natural vegetative buffer so that no part of the RV is visible from any public street or road and so that it is not visible from any adjoining or adjacent land.
(6) Placement of the RV must conform to double (two times) the normal set back requirements for an RA District. Placement of the RV must not interfere with location or placement of any septic or water.
(7) Placement of the driveway for the parcel must comply with all DOT requirements and the owner must obtain all DOT required permits and approvals.
(8) The owner must obtain an address in compliance with the Road Addressing Ordinance of Surry County.
(9) The RV must be in compliance with registration requirements of the North Carolina Department of Transportation. The applicant for the permit must demonstrate that they own the RV or have sole possession of the RV under a valid written lease or rental agreement for the period the permit is requested.
(10) The owner must submit a sketch plan showing that placement of the RV complies with all requirements of this section.
(11) The placement of the RV will require Environmental Health Department’s approval that septic disposal is provided by one of the following methods:
(a) Hooked into an inspected and approved septic tank and leach field;
(b) Emptied as needed by a professional service with receipts provided to the Environmental Health Department each month; or
(c) Drained into external holding tank and emptied as needed by a professional service with receipts provided with receipts provided to the Environmental Health Department each month.
(12) Electrical service will be permitted and inspected by Surry County Inspections Department. The electrical service may be pulled if any requirement of this section is not met.
(13) The RV must have a functioning kitchen and bathroom facilities.
(14) The RV will be required to be anchored on all corners with an approved anchoring system that meets Surry County inspection requirements.
(15) The parcel must be kept clear of trash, junk and scrap.
(16) No project or junk vehicles may be located on this parcel.
(17) A permit under this section may not be used to temporarily occupy an RV during construction of a home.
(18) Placement of the RV must comply with all floodplain, watershed and other restrictions of all Surry County ordinances. In the event of a conflict with another chapter, the stricter requirement shall control.
(19) Occupancy of the unit shall at no time exceed the manufacturer’s listed capacity. In the event of a dispute over whether occupancy exceeds the manufacturer’s listed capacity, the burden shall be on the owner to demonstrate that occupancy is within the manufacture’s listed capacity.
(20) A permit for temporary recreational occupancy for the RV shall not be issued until the above requirements are met.
(21) The RV will be allowed for no more than one period of no more than three months during the calendar year in which the permit is issued. The RV must be removed from the parcel immediately upon expiration of the permit.
(22) The permit may be renewed for another three month period in a subsequent calendar year by applying for a renewal permit, payment of an additional $500 fee and evidence of compliance with the requirements of this chapter.
(23) Failure to comply with any requirement of this section shall constitute a violation of this chapter and be subject to zoning enforcement actions under § 154.005-11, including but not limited to revocation of the permit.
(24) Development Services shall maintain a list of parcels which are issued a permit or renewal permit under this section and maintain a copy of the sketch plan submitted by the owner and the permits issued under this chapter.
(F) Temporary occupancy of a recreational vehicle during construction of a new single family dwelling. A single recreational vehicle (“RV”) will be allowed as temporary living quarters in all low and medium density residential zoning districts during construction of a new single-family stick-built or modular dwelling providing the following conditions are met:
(1) A permit allowing placement of the RV on the parcel must be applied for, paid for, and issued prior to installation. The permit fee is $500. The permit may only be issued to the owner of record of the parcel.
(2) A permit for the construction of a new home on the site must be issued and paid for prior to issuing the RV permit.
(3) The RV must be in compliance with registration requirements of the North Carolina Department of Transportation. The applicant for the permit must demonstrate that they own the RV or have sole possession of the RV under a valid written lease or rental agreement for the period to which the permit applies.
(4) The owner must submit a sketch plan showing that placement of the RV conforms to all setback and buffer requirements for the parcel which are required by the zoning district on which the RV is to be placed and does not interfere with the placement of septic and water.
(5) Placement of the RV must comply with all floodplain, watershed and other restrictions of all Surry County ordinances. In the event of a conflict with another chapter, the stricter requirement shall control.
(6) The placement of the RV will require Environmental Health Department’s approval that septic disposal is provided by one of the following methods:
(a) Connected into an inspected and approved septic tank and leach field;
(b) Emptied as needed by a professional service with receipts provided to the Environmental Health Department each month; or
(c) Drained into an external holding tank and emptied as needed by a professional service with receipts provided with receipts provided to the Environmental Health Department each month.
(7) Electrical service will be permitted and inspected by Surry County Inspections Department. The electrical service may be pulled if any requirement during construction is not met.
(8) The RV must have a functioning kitchen and bathroom facilities.
(9) The RV will be required to be anchored on all corners with an approved anchoring system that meets Surry County inspection requirements.
(10) While an RV is being temporarily occupied on a parcel under a permit issued under this chapter, no other RVs may be occupied, stored, parked or otherwise located on the parcel.
(11) The parcel must be kept clear of trash, junk and scrap.
(12) No project or junk vehicles may be located on this parcel during the period in which the RV is temporarily occupied.
(13) Occupancy of the unit shall at no time exceed the manufacturer’s listed capacity. In the event of a dispute over whether occupancy exceeds the manufacturer’s listed capacity, the burden shall be on owner to demonstrate by that occupancy is within the manufacture’s listed capacity.
(14) During the temporary occupancy, reasonable progress shall be demonstrated in the construction of the permanent structure. Reasonable progress shall be defined as visible evidence that construction work is not interrupted for any period of more than 60 days, unless the interruption is beyond the owner’s control. Lack of financial resources of owner shall not qualify as an interruption beyond the owner’s control.
(15) A permit for the temporary occupancy of the RV shall not be issued until the above requirements are met.
(16) The permit shall permit temporary occupancy of a single RV for a period of 18 months during construction of the new home. If a longer period is needed, and the applicant can show good cause for an extension, the permit may only be renewed two times for three months each time, by way of a new application and fee of $200 for each three-month period.
(17) The certificate of occupancy for the new home will not be released until all fees associated with the project are paid, the RV has ceased being occupied, the RV is disconnected from all electric and septic connections and the RV is then stored as normally allowed under applicable Surry County ordinances.
(18) Failure to comply with any requirement of this section shall constitute a violation of this chapter and be subject to zoning enforcement actions under § 154.005-11. Development Services shall maintain a list of parcels construction sites that have complied with this section and maintain a copy of the permit and certificate of temporary occupancy.
(Ord. passed 4-17-2023)