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4.4.5.   Table as Guide
Table 4.4.6: Accessory Use Table, is established as a guide to identify the appropriateness of the more common accessory uses in each zoning district.
(Ord. 2020-36, passed 12-2-2019)
4.4.6.   Listed Accessory Uses
Table 4.4.6: Accessory Use Table, lists what types of accessory uses, structures, and activities are allowed in each of the zoning districts.
   A.   If a specific accessory use is allowed by-right, the cell underneath the zoning district is marked with a "P".
   B.   If a specific accessory use is allowed subject to a special use permit, the cell underneath the zoning district is marked with a "S".
   C.   If the accessory use or structure is not allowed in a zoning district, the cell is blank.
   D.   In the case of planned development districts, if an accessory use is allowable, it is marked with an "A", and the accessory use must be set out in the approved master plan.
   E.   If there is a reference contained in the column entitled "Acc. Use-Specific Standards," refer to the cited section (s) for additional standards that apply to the specific accessory use.
TABLE 4.4.6: ACCESSORY USE TABLE [1]
A = Allowed (if listed in a PD master plan); P = Permitted subject to applicable use-specific standards; S = Requires approval of a special use permit and compliance with applicable use- specific standards; “.” = Prohibited
Use Type [1]
Residential
Commercial
Mixed Use
Use- Specific Standards [2]
 
R1
R2
R4
R6
RMF
NC
GC
HC
LI
CI
HI
OI
DTC
DTP
PD
 
TABLE 4.4.6: ACCESSORY USE TABLE [1]
A = Allowed (if listed in a PD master plan); P = Permitted subject to applicable use-specific standards; S = Requires approval of a special use permit and compliance with applicable use- specific standards; “.” = Prohibited
Use Type [1]
Residential
Commercial
Mixed Use
Use- Specific Standards [2]
 
R1
R2
R4
R6
RMF
NC
GC
HC
LI
CI
HI
OI
DTC
DTP
PD
 
Accessory Dwelling Unit
P
P
P
P
P
P
.
.
.
.
.
P
P
P
A
4.4.7.A
Amateur Ham Radio
P
P
P
P
P
P
P
P
P
P
P
P
P
P
A
4.4.7.B
Art Installation
P
P
P
P
P
P
P
P
.
P
.
P
P
P
A
4.4.7.C
Automated Teller Machine
.
.
.
.
.
P
P
P
P
P
S
P
P
P
A
4.4.7.D
Bus Shelter
.
.
.
P
P
P
P
P
P
.
.
P
P
P
A
4.4.7.E
Child Care, Incidental
P
P
P
P
P
P
.
.
.
.
.
P
P
P
A
4.4.7.F
Cluster Box Unit
P
P
P
P
P
P
P
.
.
.
.
P
P
P
A
4.4.7.G
Drive Through
.
.
.
.
.
S
P
P
.
.
.
S
.
.
A
4.4.7.I
Electric Vehicle Charging Station
.
.
.
P
P
P
P
P
P
P
P
P
P
P
A
4.4.7.J
Family Health Care Structure
P
P
P
P
P
P
.
.
.
.
.
P
.
P
A
4.4.7.K
Guard House, Shelter, or Gatehouse
P
P
P
P
P
P
P
P
P
P
P
P
.
.
A
4.4.7.L
Helistop
.
.
.
.
.
.
.
S
S
S
S
.
.
.
A
4.4.7.M
Home Occupation
P
P
P
P
P
P
P
.
.
.
.
P
P
P
A
4.4.7.N
Ice House
.
.
.
.
.
P
P
P
S
.
.
.
.
.
A
4.4.7.O
Outdoor Dining
.
.
.
.
P
P
P
P
.
P
.
P
P
P
A
Outdoor Display/Sales
.
.
.
.
.
P
P
P
P
.
.
S
P
P
A
4.4.7.P
Outdoor Storage
.
.
.
.
.
.
.
S
S
S
P
.
.
.
A
4.4.7.Q
Parking of Heavy Trucks or Trailers
.
.
.
.
.
.
.
.
P
P
P
.
.
.
.
0
Parking of Recreational Vehicles
P
P
P
P
P
.
.
.
.
.
.
.
.
.
A
4.4.7. S
Storage of Unlicensed or Inoperable Vehicles
.
P
P
P
.
.
.
.
.
.
.
.
.
.
.
Play Equipment
P
P
P
P
P
P
P
.
.
.
.
P
P
P
A
4.4.7.T
Produce Stand
P
P
P
P
P
P
P
P
.
.
.
P
P
P
A
4.4.7.U
Solar Energy Systems
P
P
P
P
P
P
P
P
P
P
P
P
P
P
A
4.4.7.V
Stable (horses)
P
P
.
.
.
.
.
.
.
.
.
.
.
.
A
4.4.7.W
Swimming Pool/Hot Tub
P
P
P
P
P
P
P
P
P
A
4.4.7.X
Tool/Storage Shed
P
P
P
P
P
P
P
P
P
P
P
P
P
P
A
Underground Storage Tank
.
.
.
.
.
.
S
P
P
P
.
.
.
A
4.4.7.Y
Wagering, Sports
.
.
.
.
.
.
.
P
P
P
S
.
.
P
A
4.4.7.Z
Wind Energy Conversion
.
P
P
P
P
P
P
P
P
P
P
P
.
.
A
4.4.7.AA
Note:
[1] Unlisted accessory uses may be permitted in accordance with Section 4.4.3, Procedure for Establishment.
(Ord. 2020-36, passed 12-2-2019; Ord. 2025-11, passed 10-7-2024)
4.4.7.   Standards for Specific Accessory Uses
Standards for a specific accessory use or structure shall apply to the particular individual accessory use or structure regardless of the zoning district in which it is located or the review procedure by which it is approved, unless otherwise specified in this Ordinance. This section sets forth and consolidates the standards for all accessory uses and structures for which a reference to this section is provided in the "Acc. Use-Specific Standards" column of Table 4.4.6: Accessory Use Table. These standards may be modified by other applicable standards or requirements in this Ordinance.
   A.   Accessory Dwelling Unit. An accessory dwelling unit (ADU) is permitted as accessory to a single-family detached dwelling, and shall comply with the following standards:
      1.   No more than one ADU shall be located on a lot with a single-family detached dwelling.
      2.   An ADU shall not exceed 35 percent of the total amount of finished floor area in the principal structure.
      3.   An ADU shall not exceed one story, but nothing shall limit an ADU from being located on a second or third story provided the structure complies with the applicable maximum height limitations in the district where located.
      4.   An ADU and the principal dwelling shall have the same street address and mailbox.
      5.   An ADU shall not be subdivided or otherwise separated in ownership from the principal dwelling unit.
      6.   An ADU and the principal dwelling shall utilize the same driveway, unless the ADU is accessed from a right-of-way not used by the principal dwelling (e.g., a rear alley or separate street access on a corner or through lot).
      7.   An ADU shall be served by water, sanitary sewer, gas, and electrical utilities as part of the principal dwelling.
   B.   Amateur Ham Radio.
      1.   Towers associated with an amateur ham radio operator or private television antenna shall not exceed 100 feet above grade.
      2.   Towers or antennas attached to a principal structure shall be located on a side or rear elevation.
      3.   Freestanding towers or antennas shall be located behind the principal structure.
   C.   Art Installation. In no instance shall an art installation visible from a street or off-site area depict specified anatomical areas or specified sexual activities as defined by this Ordinance and the North Carolina General Statutes.
   D.   Automated Teller Machine (ATM).
      1.   An ATM designed for walk-up use and located in the exterior wall of a building or a parking area shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking areas and building entrances, or vehicular movement in front of buildings or through parking areas.
      2.   If an ATM is designed for use by customers in their vehicles, it shall comply with the accessory use standards (including districts where permitted) in Section 4.4.7.H, Drive Through.
      3.   The overall character of an automated teller machine in terms of materials, colors, and architectural character shall be compatible with that of the principal structure.
   E.   Bus Shelter. Nothing shall limit the placement of a bus shelter within a required yard or setback, provided it shall:
      1.   Maintain a maximum size or floor area of 100 square feet or less;
      2.   A height of 15 feet or less;
      3.   Be located outside any required sight distance triangles; and
      4.   Maintain a minimum distance of five feet from a street right-of-way.
   F.   Child Care, Incidental. An incidental child care or home day care for three or more children is permitted as accessory to an occupied residential dwelling unit if it complies with Article 7 of Chapter 110 of the North Carolina General Statutes, and the following standards:
      1.   Care is provided within a principal dwelling unit.
      2.   The maximum number of children receiving child care in the use at any given moment does not exceed six (provision of day care services for more than six children at any given moment is treated as a day care center by this Ordinance, and requires licensure from the State as a day care center).
      3.   It complies with all applicable home occupation requirements, except the gross floor area limitation, which may be exceeded.
      4.   It is licensed by the State of North Carolina and complies with all applicable State requirements.
   G.   Cluster Box Unit. Cluster box units shall comply with the standards of the United States Postal Service and the relevant standards in the Town's Standard Details and Specifications.
   H.   Detached Accessory Structures. Detached accessory structures that are accessory to residential uses shall comply with the following standards unless otherwise specified by this Ordinance:
      1.   All detached accessory structures shall he located on the same parcel as the principal structure.
      2.   Detached accessory structures located on a parcel of 2 acres or less shall not exceed the height of the principal structure.
      3.   A total square footage for all detached accessory structures shall not exceed 35% of the total amount of finished floor area in the principal structure for a lot 2 acres or less.
      4.   The total square footage of all detached accessory structures located on the lot may increase by 5% for each acre over 2 acres.
      5.   Detached accessory structures on lots greater than 10 acres shall not be subject to these size limitations.
   I.   Drive Through. Drive-through facilities shall comply with the following standards:
      1.   Outdoor speakers associated with a drive-through shall be at least 50 feet from any lot with a residential zoning district designation.
      2.   Drive-through windows, menus, or order boxes shall not be located on the front facade of the building they serve.
      3.   Drive-through facilities shall be designed so as not to obstruct the movement of pedestrians along sidewalks, through areas intended for public use, or between the building entrance and customer parking spaces.
      4.   Canopies or other features installed over a drive through window shall maintain common roof lines and materials with the principal structure
   J.   Electric Vehicle Charging Station.
      1.   Electric Vehicle (EV) charging station spaces shall be reserved for the charging of electric vehicles only and shall be posted with signage identifying the spaces as reserved only for the charging of electric vehicles, amperage and voltage levels, any enforceable time limits or tow away provisions, and contact information for reporting non-operating equipment or other problems.
      2.   A required accessible parking space may also serve as an EV charging station space, provided the charging station and its controls meet ADA standards for accessibility to persons with physical disabilities.
      3.   EV charging station equipment shall be located so as not to interfere with vehicle, bicycle, or pedestrian access and circulation, or with required landscaping.
   K.   Family Health Care Structure. One family health care structure is permitted on a lot with a single-family detached dwelling, in accordance with the standards in Section 160D-915 of the North Carolina General Statutes, and the following standards:
      1.   Structure. A family health care structure is one that:
         a.   Is transportable and primarily assembled at a location other than the site of installation;
         b.   Is located on a lot with an existing single-family detached dwelling;
         c.   Is limited to one occupant who is a mentally or physically impaired person related to the caregiver;
         d.   Is used by a caregiver or legal guardian in providing care for one mentally or physically impaired person on property owned or occupied as the caregiver's or guardian's residence;
         e.   Has no more than 300 square feet of gross floor area;
         f.   Is connected with water, sewer and electricity by branching service from the single-family detached dwelling;
         g.   Has the same street address and mailbox as the existing single-family detached dwelling;
         h.   Uses the same driveway as the existing single-family dwelling, unless the structure is accessed from a right-of-way not used by the dwelling (e.g., a rear alley or separate street access on a corner or through lot);
         i.   Meets the dimensional standards of the zoning district for a single- family detached dwelling; and
         j.   Meets the applicable provisions in the State Building Code(s); however, is not located on a permanent foundation.
      2.   Need and Relationship.
         a.   The occupant of the structure must be a mentally or physically impaired person that is a resident of the State who requires assistance with two or more activities of daily living (bathing, dressing, personal hygiene, ambulation or locomotion, transferring, toileting, and eating) as certified in writing by a physician licensed to practice in this State.
         b.   The caregiver must be an individual 18 years of age or older who provides care for the mentally or physically impaired person and is a first or second degree relative of the impaired person. A first or second degree relative is a spouse, lineal ascendant, lineal descendant, sibling, uncle, aunt, nephew or niece, including half, step, and inlaw relationships.
      3.   Permit Conditions.
         a.   Once the applicant provides sufficient proof that the family health care structure meets all standards, then the structure shall be permitted for a period of 12 months.
         b.   The applicant may renew the zoning compliance permit for a 12- month period and continue to renew it provided the applicant provides evidence of continued need and compliance with these standards.
         c.   The Town may make permit renewal and periodic inspections of the temporary structure at reasonable times convenient to the applicant.
         d.   No signage shall be permitted on the exterior of the structure or on the lot that identifies or promotes the existence of the structure.
         e.   The structure shall not be subdivided or otherwise separated in ownership from the single-family detached dwelling.
         f.   The structure shall be removed within 60 days if the impaired occupant is no longer receiving or in need of assistance.
         g.   The zoning compliance permit may be revoked or other enforcement actions taken if these standards are violated.
   L.   Guard House, Shelter, or Gatehouse. Nothing shall limit the placement of a guard house, guard shelter, or gatehouse within a required yard or setback, provided it shall:
      1.   Maintain a maximum size or floor area of 100 square feet or less;
      2.   A height of 15 feet or less;
      3.   Be located outside any required sight distance triangles; and
      4.   Maintain a minimum distance of five feet from a street right-of-way.
   M.   Helistop. Auxiliary facilities such as parking, waiting room, fueling, and maintenance equipment are not permitted.
   N.   Home Occupation. Customary home occupations such as home offices, beauty parlors, dressmaking, laundering, music teaching, tutoring, etc., shall comply with the following standards:
      1.   Home occupation accessory uses shall be clearly incidental and subordinate to a dwelling's use for residential purposes by its occupants.
      2.   Except for home offices, home occupations shall be engaged in only by a resident on the premises, and not more than one employee may be a nonresident. Home offices shall be limited to no more than two employees not residing on the premises.
      3.   No more than 25 percent of the first floor area of a dwelling shall be used for home occupations.
      4.   No display of goods or advertising shall be visible from the street.
      5.   No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors or electrical interferences detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single- family residence. In the case of electrical interference, no equipment or process shall be used that creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.
      6.   No accessory buildings shall be used for home occupations.
      7.   Only one commercial vehicle with up to one attached trailer associated with the home occupation may be parked or stored on the lot.
      8.   No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
   O.   Ice House. Ice houses of 50 square feet in size or larger shall comply with the following requirements:
      1.   Ice houses shall provide at least one designated off-street parking space and shall not occupy any off-street parking spaces required for the principal use.
      2.   Any signage shall comply with the signage provisions for the district where located.
      3.   All roof-top mechanical equipment shall be screened.
      4.   A litter receptacle shall be provided, and shall be maintained in a sanitary condition.
      5.   Ice houses shall not be allowed as a primary use.
   P.   Outdoor Display/Sales. The outdoor display and sale of goods shall be limited to a commercial or mixed use and shall comply with the following standards:
      1.   Except in the downtown districts, an outdoor display/sales area shall not be located within a required front yard or street setback.
      2.   In the downtown districts, outdoor display/sales areas may be located on or adjacent to the sidewalk provided the display is attached to or located immediately adjacent to a building's front facade wall.
      3.   Outdoor display/sales areas shall not be located any closer than five feet from any lot line.
      4.   Outdoor display/sales areas shall not be located within any local or State site easement.
      5.   Outdoor display areas shall maintain at least five feet of space along the side of the display free of obstruction to allow for pedestrian and handicap movement, such that pedestrians do not have to step off the sidewalk or enter the drive aisle to see the merchandise.
   Q.   Outdoor Storage.
      1.   General Standards. The following standards shall apply to all outdoor storage areas other than uses where outdoor storage is the principal use of land (see Table 4.2.3, Principal Use Table).
         a.   The extent of the outdoor storage area shall be clearly delineated on a site plan.
         b.   Outdoor storage areas shall comply with the minimum setback standards applicable in the zoning district where the outdoor storage area is located.
         c.   Outdoor storage areas are prohibited between the development's principal structure(s) and a thoroughfare (major and minor) or collector street.
         d.   Outdoor storage areas shall be fully screened in accordance with the applicable standards in Section 5.10, Screening.
         e.   No outdoor storage area shall be located within a required landscaping area.
         f.   Stored goods, materials, and equipment shall be limited to those goods, materials, and equipment associated with the principal use or uses of the lot.
         g.   No materials shall be stored in areas intended for vehicular or pedestrian circulation.
         h.   No materials shall be stored on any potable or non-potable water easement, stormwater easement, or sanitary sewer easement.
      2.   Screening Requirements. Outdoor storage shall be screened in accordance with the applicable standards in Section 5.10, Screening.
   R.   Parking of Trucks or Trailers.
      1.   The parking and/or storage of motorized and non-motorized vehicles in excess of 10,000 pounds gross vehicle weight shall be prohibited in all residential districts except for loading and unloading purposes; for emergency home service; for use in the conduct of a legal non-conforming use; for temporary construction purposes; or for bona fide agricultural purposes.
      2.   No apparatus designed to be used as a motor vehicle or designed to be towed by a separate motorized unit or vehicle shall be allowed to be used as a storage facility or accessory building in any residential district.
   S.   Parking of Recreational Vehicles. Nothing herein shall be construed so as to prohibit the parking of personal recreational vehicles including but not limited to motor homes, vans, or campers.
   T.   Play Equipment. Play equipment shall comply with the setback requirements for the zoning district where located, though it may encroach into setbacks in accordance with Table 9.3.5: Allowable Encroachment into Required Setbacks.
   U.   Produce Stand. The sale of fresh vegetables and produce, as defined in Section 160D-903 of the North Carolina General Statutes, from curbside stands or in a similar fashion shall:
      1.   Be located on the same lot as a principal use;
      2.   Be limited to retail sale of agricultural or horticultural products grown on-site or in agricultural facilities under the same ownership as the produce stand;
      3.   Be located outside sight distance triangles or other areas that may result in visual obstructions to drivers;
      4.   Not exceed 1,000 square feet in area; and
      5.   Provide adequate ingress/egress and off-street parking.
   V.   Solar Energy System. A solar energy system (SES) shall comply with the following requirements:
      1.   A SES may be roof-mounted, attached to a principal or accessory structure, be ground-mounted, or placed over a parking or other hard-surface area.
      2.   The footprint of a ground-mounted SES shall not exceed 50 percent of the floorplate of the principal structure, or one acre, whichever is less.
      3.   An SES shall comply with the dimensional requirements for the district where located, as modified by Section 4.4.4, General Standards for Accessory Uses and Structures.
      4.   An SES shall not obscure required sight distance triangles.
      5.   A SES may be placed within a required landscaping area provided it does not compromise the screening objective of the landscaping.
      6.   Ground-mounted SES facilities are exempted from the screening requirements in Section 5.10, Screening.
      7.   Ground-mounted SES facilities shall not exceed 20 feet in height above adjacent pre-construction grade.
   W.   Stable (Horses). Stables shall comply with the following standards:
      1.   Stables are not permitted on land within the corporate limits.
      2.   The land on which the facility is located shall be at least two acres in size.
      3.   No stalls or stables shall be within 200 feet of any existing adjoining residential dwelling and 100 feet from any adjoining well being used for human consumption.
      4.   Stables must be operated and maintained in a healthy and safe manner. Healthy and safe is defined as, but not limited to: fences kept in good repair; potable water available on demand; protection from wind or rain; a sign posted indicating the name and phone number of the person to be contacted in case of emergency.
   X.   Swimming Pool/Hot Tub.
      1.   Swimming pools built as accessory uses to a residential use shall be completely isolated from adjacent lands and streets by a fence or other structure having a minimum height of four feet and configured to prevent small children from gaining unsupervised access to the pool.
      2.   Gates or doors opening into the area around the swimming pool from outside the dwelling shall have self-closing and self-latching devises for keeping the gate or door closed at all times when not in use.
      3.   These standards shall apply to any built structure placed or constructed for the purpose of bathing or swimming with a depth of two feet or more.
      4.   Swimming pools included as an accessory use to a single-family subdivision shall include one off-street parking space for every four persons of design capacity.
   Y.   Underground Storage Tank. Underground storage tanks shall comply with the following requirements:
      1.   Underground storage tanks shall not be located within required setbacks, easements, or beneath public rights-of-way.
      2.   Underground storage tanks shall be installed and operated only in accordance with the State Building Code(s) and all applicable Fire Code requirements.
      3.   Underground storage tanks shall be depicted on site plans and as-builts.
   Z.   Wagering, Sports. Sports wagering in compliance with Sectionss 18C-901 through 18C-928 of the North Carolina General Statutes.
   AA.   Wind Energy Conversion. Wind energy conversion uses shall comply with the following requirements:
      1.   Limited to one per principal use;
      2.   The facility shall not exceed 70 feet in height;
      3.   The facility shall maintain a minimum blade clearance of at least 20 feet from the ground; and
      4.   Sound levels shall not exceed 55 dBA.
(Ord. 2020-36, passed 12-2-2019; Ord. 2020-49, passed 6-1-2020; Ord. 2021-65, passed 5-3- 2021; Ord. 2025-11, passed 10-7-2024)
4.5.   TEMPORARY USES
4.5.1.   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. Temporary uses shall not involve the construction or alteration of any permanent building or structure.
(Ord. 2020-36, passed 12-2-2019)
4.5.2.   Applicability
The standards in this section apply to non-permanent uses that take place on a temporary basis whether on the same site or in different locations in the jurisdiction. The activities listed in this section require the issuance of a temporary use permit, except as exempted, in accordance with the standards in Section 2.2.19, Temporary Use Permit, and compliance with the standards in Section 4.5.3, General Standards for Temporary Uses and Structures, and Section 4.5.4, Standards for Specific Temporary Uses.
(Ord. 2020-36, passed 12-2-2019)
4.5.3.   General Standards for Temporary Uses and Structures
All temporary uses and structures shall comply with the following general standards, unless otherwise specified in this Ordinance:
   A.   General Standards. An applicant proposing a temporary use or structure shall:
      1.   Secure written permission from the landowner;
      2.   Obtain the appropriate permits and licenses from the Town and other agencies;
      3.   Comply with the requirements for temporary signs in Section 5.11, Signage;
      4.   Meet public utility end Town requirements for proper connection to water, sewer, electrical and other utility service connections, as applicable;
      5.   Not violate the applicable conditions of approval that apply to a site or use on the site;
      6.   Not result in a situation where the principal use, if present, fails to comply with the standards of this Ordinance;
      7.   Ensure the site of a temporary use or structure contains sufficient land area for the temporary use and for the parking and traffic movement associated with the temporary use, without impacting environmentally sensitive lands;
      8.   Ensure temporary uses remain in place no longer than 90 days if located within the Flood Hazard Overlay (FHO) district;
      9.   Provide adequate on-site restroom facilities (as appropriate); and
      10.   Cease all outdoor activities within 500 feet of a residential use by 10:00 pm.
   B.   General Conditions. In approving a temporary use permit, the Planning Director is authorized to impose any of the following general conditions upon the premises benefited by the permit as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or aggravated by the proposed temporary use. The Planning Director is authorized, where appropriate, to require:
      1.   Provision of temporary parking facilities, including vehicular access and egress;
      2.   Control of nuisance factors, such as but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat;
      3.   Prohibition of the storage or use of hazardous materials;
      4.   Regulation of placement, height, size, and location of equipment;
      5.   Provision of sanitary and medical facilities;
      6.   Provision of solid waste collection and disposal;
      7.   Provision of security and safety measures;
      8.   Use of an alternate location or date;
      9.   Modification or elimination of certain proposed activities;
      10.   Regulation of operating hours and days, including limitation of the duration to a shorter time period than requested or specified in this subsection; and
      11.   Submission of a performance guarantee to ensure that any temporary use will be removed from the lot or site within a reasonable time and the lot or site will be restored to its former condition.
(Ord. 2020-36, passed 12-2-2019)
4.5.4.   Standards for Specific Temporary Uses
   A.   Mobile Food Vendors.
      1.   Purpose. This section is designed to provide standards relative to the accessibility, appearance, and safety regarding commercial food vending, as well as to preserve the peace and enjoyment of residences and occupation of a site by a properly licensed business.
      2.   Operational Regulations.
         a.   A mobile food vendor permit shall be required as provided for herein.
         b.   The following activities shall not be required to obtain a mobile food vendor permit provided that all required permits are obtained:
            I.   Mobile food vendors that stop based on customer demand for point of sale service and move to a different location such as an ice cream truck or similar operation.
            II.   Mobile food vendors operating as part of a Town of Zebulon sponsored event.
            III.   Noncommercial private events held on single-family detached, duplex lots, or common space owned by a home owners association, if applicable, and that the mobile food vendor:
               i.   Is not open to the public, such as outdoor weddings, employee parties and homeowner association events;
               ii.   Is located on a site with a single user and/or tenant; and,
               iii.   Will not make, cause, or allow the making of any noise or sound which exceeds the limits set forth in the Town of Zebulon's Code of Ordinances, as may be amended from time to time, and will not generate adverse traffic, or other nuisance impacts on adjacent properties.
         c.   Permits, unless sooner suspended or revoked, shall be valid for no longer than one year expiring at the end of the calendar year.
         d.   Permit certificates shall be attached to the mobile food vendor unit where they are readily visible and shall include the name, mailing address, and valid phone number of the mobile food vendor unit owner and shall list the addresses and parcel identification numbers where the permit is valid.
         e.   Routine inspections may be conducted by local inspectors on each mobile food unit at any time and at any frequency deemed appropriate by the Town.
         f.   Any mobile food vendor unit that has a suspended or revoked permit by the State of North Carolina and/or Wake County, and on a subsequent inspection, a State of North Carolina and/or Wake County Inspector determines that the mobile food vendor has not corrected the violation(s), shall have its Town-issued mobile food vendor permit revoked and food service shall cease in the Town.
         g.   A permit issued under this section is not transferable.
      3.   Standards. The following standards shall apply to all mobile food vendor permits unless exempt above:
         a.   No products shall be sold from any mobile food vendor unit which is stopped, standing, or parked in any public street, right-of-way, or
         easement. Nor shall the mobile food vendor impede the flow of traffic or pedestrians on the sidewalk.
         b.   Mobile food vendor units are prohibited on all parcels used for residential purposes as designated on the Official Zoning Map or on the grounds of any government office, facility, public park, recreation area, or other similar public land within the Town, which is under the control, operation, or management of the Town, except as otherwise allowed in this section or by law.
         c.   Mobile food vendors are allowed within the Town's planning jurisdiction so long as the mobile food vendor unit is located on private property designated and used for commercial, industrial, or nonresidential purposes, subject to the following conditions:
            i.   Mobile food vendors shall not provide customer seating.
            ii.   No display areas, merchandise, or stored items in association with the vendor or those associated with the principal use on the property, which are displaced due to the vending activity, shall encroach onto any public street, right-of-way, or easement, or onto any adjacent private property without express permission from that property owner.
            iii.   The mobile food vendor shall set up and locate the vehicle, wares, and/or any associated displays in accordance with the principal structure setback requirements of the district where located.
            iv.   The mobile food vendor sales area shall not exceed more than two parking spaces or six hundred square feet in area, whichever is greater. However, at no time may the required number of parking spaces for the principal use of the property be rendered nonconforming due to vendor use.
            v.   The mobile food vendor unit shall not interfere with required parking, loading and unloading spaces or the vehicular access to those spaces for the principal use.
            vi.   The mobile food vendor unit shall not block, damage, or interfere with required landscaping, buffers, or stormwater drainage systems on the subject property.
            vii.   During periods of nonuse, mobile food vendor equipment must remain locked and secured, unless otherwise required by the State of North Carolina or Wake County.
            viii.   The mobile food vendor shall be prohibited from selling or distributing any type of glass container with the exception of sealed prepackaged nonalcoholic beverages such as sodas or juices.
            ix.   Amplified music or other sounds from any mobile food vendor unit for the purposes of vending products is prohibited.
            x.   All mobile food vendors shall operate in compliance with Title IX: General Regulations, Chapter 97: Noise, of the Town Code of Ordinances.
            xi.   Mobile food vendors shall be prohibited from discharging fat, oil, grease, or waste water into the sanitary sewer system. Waste shall be properly stored and disposed of at a properly designated location.
            xii.   Each mobile food vending unit shall be equipped with adequate trash receptacles and shall be responsible for the proper disposal of solid waste from the site daily without using public waste receptacles. All disturbed areas must be cleaned following each stop at a minimum of 20 feet of the sales location.
            xiii.   Each mobile food vending unit shall be equipped with at least one fire extinguisher with a minimum of a 2A-10-BC rating.
            xiv.   Vinyl wrapping, decals, stickers, painted text and/or graphics, and menu boards affixed to the mobile food vendor unit shall not count towards the maximum aggregate sign area.
      4.   Enforcement. The following provisions may be enforced by the Police Department and the Planning Department.
         a.   Fine for Violation. Any mobile food vendor licensee operating in violation of any provision within this section or any other rules and regulations may be subject to a fine in accordance with Article 8: Enforcement. Each day of violation shall constitute a separate offense for purposes of the penalties and remedies specified in this Ordinance.
         b.   Revocation, Suspension, Modification.
            i.   The Board of Commissioners may modify a mobile food vendor license, including an approved location:
               1.   At any time before the issuance of a mobile food vendor license;
               2.   If after the issuance of such license, for cause, after reasonable notice to the licensee of the grounds for the proposed modification and the time and place of the hearing regarding such proposed modification; or
               3.   By request of the licensee.
            ii.   The Board may suspend, revoke, or decline to renew a mobile food vendor license for cause, after reasonable notice to the licensee of the grounds for the proposed action and the time and place of the hearing regarding such proposed action.
   B.   Outdoor Seasonal Sales.
      1.   Purpose. The purpose of this section is to prevent the unrestricted proliferation of open-air sales events within the town and to protect those businesses and food services that operate from within principal buildings at permanent locations in accordance with the law.
      2.   Exemptions. Sale of the following products or services are exempted from these standards.
         a.   The sale or display of fruits, vegetables, other farm or homemade products produced by the person offering them for sale in a commercial zoning district with the permission of the property owner;
         b.   The sale or display of goods or merchandise (not including food or food products) by a person, partnership, corporation or other entity at a particular location if the sale or display of like or same items is conducted in association with the party's sale or display of goods or merchandise at the same location from or in a principal building that is regularly entered by the general public for the transaction of business. The items to be sold are limited to the same items that are sold inside the establishment, such as toys, clothing, furniture and outdoor equipment.
         c.   Any nonprofit group, charitable or civic organization that conducts open-air sales on either their own property or on other business property for charitable or other fund-raising purposes.
         d.   Vendors at special events, such as the Christmas Parade, Arts in the Park and the like selling goods only for that event. Food vendors will need to obtain a permit from the Wake County Health Department.
         e.   Seasonal sales of Christmas trees, pumpkins, and similar products.
      3.   Standards.
         a.   The maximum hours of operation of an outdoor seasonal sales use shall be from 8:00 AM to 11:00 PM, except when located in a residential district, then the seasonal sales use shall cease by 9:00 PM.
         b.   Exterior lighting shall comply with the requirements in Section 5.4, Exterior Lighting.
         c.   One recreational vehicle is allowed as a temporary dwelling for security purposes in association with the seasonal sales use, provided it meets the general standards of Section 4.5.4.E, Temporary Dwelling, and is removed at the end of the sales.
         d.   Upon termination of an open-air sale, all temporary buildings or structures erected for the purpose of the use, and all trash and debris generated in connection with the sale, shall be removed by the applicant or owner of the premises.
         e.   Each permit issued pursuant to this section shall specify the commencement date for the use and the date of expiration of the permit.
      4.   Duration.
         a.   Up to four permits may be issued to the same applicant during any calendar year for a use subject to the provisions of this section, and at least 60 calendar days shall elapse between the issuance of permits to the same applicant, same use at the same or different location, whether or not issued in the same calendar year.
         b.   For purpose of this subdivision, an applicant shall be deemed to include any predecessor business to the applicant, and any person, partnership, corporation or other entity that controls, is controlled by or is under common control with the applicant.
   C.   Portable Storage Container. Portable storage containers may be permitted as a use accessory to a single-family detached, single-family attached, duplex, triplex, or quadplex dwelling unit, subject to the following standards.
      1.   Types Distinguished. Portable storage containers shall take one of the following three forms:
         a.   A container used for the purposes of storage of personal property such as household items being temporarily stored or relocated.
         b.   A roll-off box, bin, or construction dumpster used for the collection and hauling of waste or debris; or
         c.   A fully-enclosed, non-motorized, trailer (commonly known as a semi- trailer) with wheels intended to be towed to a site for the purpose of storage or transport of goods, materials, or equipment.
      2.   Permit Required. A building permit shall not be required for a portable storage container, but a temporary use permit issued in accordance with Section 2.2.19, Temporary Use Permit, is required.
      3.   Exemptions. The standards in this section shall not apply to portable storage containers used as temporary construction trailers, dumpsters, or recycling facilities, provided construction on the site is on-going.
      4.   Maximum Size. Containers no larger in dimension than eight feet in height, eight feet in width, or 20 feet in length.
      5.   Maximum Number.
         a.   No more than two portable storage containers shall be located on a single lot or parcel of land.
         b.   No other type of container or shipping container is located on the same lot or parcel of land.
      6.   Hazardous Substances. Portable storage containers shall not be used to store or transport nonresidential materials and substances, including but not limited to the following: solid waste, hazardous materials, explosives, and unlawful substances and materials.
      7.   Location.
         a.   A portable storage container may be located in a driveway, a designated parking area, or behind a dwelling.
         b.   A portable storage container shall be located at least five feet from any principal or accessory structure.
         c.   If site conditions make placement of the portable storage container behind a dwelling, on a driveway, or in a designated parking area impossible, then the portable storage container may be located immediately adjacent to the driveway or designated parking area.
         d.   A portable storage container shall not be located between the front of a dwelling and the street it faces unless any other placement is impossible due to site conditions.
         e.   In no instance shall a portable storage container be located within a Town street, public street right-of-way, or in a location that poses a threat to public health or safety.
      8.   Duration.
         a.   Portable storage containers may be located on a site for a maximum of up to 90 days per calendar year.
         b.   In no instance shall these standards be construed to allow placement of one or more portable storage containers on a single site for more than 90 days in any single calendar year.
   D.   Special Events.
      1.   Exempt Events. A special event is not subject to the requirements in Section 4.5, Temporary Uses, if:
         a.   The event lasts two or fewer days within a 180-day period on a lot with an established principal use; or
         b.   The event is sponsored by the Town, a county, or the State.
      2.   Subject to this Ordinance. A special event not exempted from the standards in this section if it is proposed on a lot in a commercial or mixed-use zoning district, subject to the following standards:
         a.   A special event includes, but is not be limited to arts and crafts shows, cultural events, musical events, concerts and stage shows, celebrations, festivals, fairs, carnivals, circuses, or outdoor religious events.
         b.   Circuses, carnivals and similar amusements may be subject to the applicable provisions of the City Code of Ordinances.
         c.   Temporary dwelling(s) are allowed in association with the special event provided they meet the general standards of Section 4.5.4.E, Temporary Dwelling, and are removed at the end of the event.
   E.   Temporary Dwelling. A temporary dwelling is permitted on a lot in a residential, conditional, mixed-use, or conditional zoning district, subject to the following standards:
      1.   General Standards.
         a.   A temporary dwelling may be either a dwelling that meets all applicable North Carolina Building Code requirements for a dwelling or a recreational vehicle.
         b.   The temporary dwelling shall be located on a lot and meet the dimensional standards of the zoning district, to the maximum extent practicable.
         c.   Temporary emergency dwellings operated by a religious institution, governmental agency, or nonprofit organization may be located to provide emergency shelter where fire, flood, or other natural disaster has displaced persons.
      2.   Temporary Construction Dwelling.
         a.   One temporary dwelling may be used to house occupants of the principal dwelling under construction or subject to repair or casualty damage.
         b.   Temporary dwellings may be used on a construction site and occupied by persons having construction or security responsibilities over such construction site.
         c.   Temporary dwellings shall be located on the same lot as the structure under construction.
         d.   The temporary use permit shall not be issued until a site plan approved or a building permit is issued for a principal structure.
         e.   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.
      3.   Duration. A temporary dwelling shall be limited in duration to a maximum of six months, except that the temporary use permit may be renewed for good cause shown.
   F.   Temporary Real Estate Office. A temporary real estate office is permitted on a lot in a residential, business, special, or conditional zoning district, subject to the following standards:
      1.   The office is located on a lot that is part of the real estate development being sold or leased.
      2.   Signage complies with the standards of Section 5.11, Signage.
      3.   The office complies with the dimensional standards of the zoning district in which it is located.
      4.   The temporary office is converted into a dwelling or removed within 30 days after all units are sold or leased.
      5.   In the event a temporary real estate office is a trailer, it shall be removed within 30 days after all units are sold or leased.
   G.   Temporary Wireless Telecommunications Facility. A temporary wireless telecommunications facility shall comply with the standards in Section 4.3.4.S.4.e, Temporary Wireless Facility, and the following standards:
      1.   A temporary wireless telecommunications facility may be allowed on a lot after a disaster or other emergency for a period not to exceed 30 days, except that the temporary use permit may be renewed for good cause shown.
      2.   A temporary wireless telecommunications facility may be allowed on a lot to evaluate the technical feasibility of a site for a period not to exceed 14 days, except that the temporary use permit may be renewed for good cause shown.
      3.   A temporary wireless telecommunications facility may be allowed on a lot in association with an event where the anticipated demand cannot be handled by existing facilities for a period not to exceed 14 days.
      4.   A temporary wireless telecommunications facility may be allowed on a lot with an existing permanent wireless telecommunications facility where the permanent structure is undergoing reconstruction or maintenance and the temporary facility is needed to maintain sufficient levels of service. The temporary facility shall be removed after reconstruction or maintenance is complete and service restored on the permanent structure.
      5.   All temporary wireless telecommunications facilities, including all supporting cables and anchors, shall be contained on the lot.
   H.   Yard Sales. Yard sales are permitted on lot in a residential zoning district subject to the following standards:
      1.   Yard sales shall be limited to four per year per lot.
      2.   There shall be a minimum of 30 days between yard sales on the same lot or site.
      3.   Each sale shall be limited to daylight hours, and shall not exceed two consecutive days.
(Ord. 2020-36, passed 12-2-19; Ord. 2021-32, passed 9-1-20)
4.6   UNLISTED USES
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