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)