Sec. 3.12. Temporary Use Permit

Commentary: Temporary outdoor uses should not be confused with permanent outdoor activities (for example, a car sales lot) that are only allowed in certain districts and require site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval, nor should they be confused with an outdoor display area (for example, a garden center that is part of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. supply store) that may be a part of a retail store and require site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval.

3.12.1. Applicability

A. Temporary uses occurring on property outside of the public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be allowed upon the issuance of a temporary use permit, except as set forth in, Sec. 5.5, Temporary Uses.

Commentary:   Standards for specific uses are included in Sec. 5.5, Temporary Uses.

B. The provisions of this section shall not apply to temporary uses occurring within the public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

Commentary:   For further details on temporary uses occurring within the public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. see the applicable City or County Code.

3.12.2. Application Requirements

A temporary use permit application shall be submitted in accordance with paragraph 3.2.4, Application Requirements.

3.12.3. Action by the Planning Director

A. After receiving the application, the Planning Director or designee shall have up to 30 days to review the application.

B. Upon hearing recommendations from all appropriate departments, the Planning Director or designee shall approve the issuance of a temporary use permit subject to the following:

1. No lighting or electrical service shall be provided without an electrical permit;

2. No temporary use structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall be erected without a building permit A permit issued by the Inspections Department in conformance with the State Building Code.;

3. No temporary use structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. fire lanes or pedestrian or vehicular access;

4. The site of the temporary use shall be cleared of all debris at the end of the temporary use. All temporary structures shall be cleared from the site within five days after the use is terminated;

5. Written permission of the property owner Any person having charge of any real property according to the records held by the Register of Deeds. for the temporary use shall be provided;

6. Adequate parking shall be provided, considering both the required parking for other uses and the parking for the proposed temporary use;

7. Adequate traffic control measures shall be provided;

8. Required landscaped and vegetated areas remain undisturbed;

9. Adequate provisions for trash disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. and sanitary facilities shall be provided; and

10. When appropriate, adequate provisions for crowd control shall be provided.

C. Temporary use permits may be renewed one time by the Planning Director or designee, unless other renewal standards are specified in Sec. 5.5, Temporary Uses, or in other provisions of this section.

3.12.4. Revocation of a Temporary Use Permit

A temporary use permit shall be revoked if the Planning Director or designee finds that the terms of the permit have been violated The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. or that there is a hazard to the public health, safety and welfare.

3.12.5. Appeal

Final action on a temporary use permit can be appealed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. in accordance with Sec. 3.15, Appeal of Administrative Decision.