Temporary Uses

Sec. 5.5. Temporary Uses

Commentary: Temporary uses should not be confused with permanent outdoor activities (for example, a car sales lot) that are only allowed in certain zones 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.

Some uses are considered temporary in nature and can be approved as temporary uses in any zoning district (unless otherwise provided below), subject to the following requirements in addition to requirements of Sec. 3.12, Temporary Use Permit. Additional restrictions regarding the operation of these uses may be imposed through the City or County code, as applicable.

5.5.1. In General

A. The maximum allowed time period for a Temporary Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit is 45 days, unless otherwise specified below. A Temporary Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit can be renewed for an additional 45 days, unless otherwise specified below.

B. No more than one permit and one renewal shall be issued for any temporary use on a property within a 12 month period, unless otherwise specified below.

C. Unless otherwise specified below and regardless of whether a temporary use permit is required, a temporary use shall not be located in required parking, or landscaping or vegetated areas; shall not obstruct When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. pedestrian or vehicular access or circulation; and shall not obstruct When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. access to fire hydrants or connections.

5.5.2. Specific Temporary Uses

A. Carnivals

1. General

A carnival shall only operate between the hours of 8:00 a.m. and 10:00 p.m., Sunday through Thursday, and between the hours of 8:00 a.m. and 11:00 p.m., Friday and Saturday.

2. Location

Carnivals shall not be permitted in residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District.. All facilities associated with a carnival shall be located at least 100 feet from the property line of the closest residential property or use.

3. Permitted Timeframe

No carnival shall be permitted for any period longer than 10 days.

B. Christmas Tree Sales Lots

1. General

Christmas tree sales lots shall require a temporary use permit if located in a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District..

2. Permitted Timeframe

No Christmas tree sales lot requiring a permit shall be permitted for any period longer than 60 days.

C. Circuses

1. Location

Circuses shall not be permitted in residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District.. All facilities associated with a circus shall be located at least 100 feet from the property line of the closest residential property or use.

2. Permitted Timeframe

D. Construction Management Buildings

1. General

Temporary buildings used for the management of a construction site can be permitted as a temporary use incidental to construction being performed in accordance with a valid building permit A permit issued by the Inspections Department in conformance with the State Building Code.. Manufactured homes are permitted during construction for this use.

2. Permitted Timeframe

The temporary buildings shall be removed prior to the issuance of a final certificate of compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. for the construction project, or upon the expiration of the building permit A permit issued by the Inspections Department in conformance with the State Building Code. associated with the construction project.

E. Land Clearing and Inert Debris Landfills (LCIDs)

1. General

LCIDs shall comply with all applicable local, State, and federal regulations.

2. Size

The total 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. area shall be less than two acres is size.

3. Permitted Timeframe

The permit shall be valid for five years from the date of issuance. One renewal of the permit, for a maximum of an additional five years from the original expiration of the permit, can be issued.

F. Farmers’ Markets

A farmers market A market open to the public where all products sold are farm products, value-added farm products, or a food or beverage product, and where the booths are operated by producers.t can operate with a temporary use permit as follows:

1. Unless prohibited within the committed elements Elements, Commitments. of a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., farmers markets A market open to the public where all products sold are farm products, value-added farm products, or a food or beverage product, and where the booths are operated by producers.s are allowed within any non-residential zoning district, and within residential zoning districts on property used as an educational facility, place of worship A building primarily used by a non-profit organization for organized religious services and supporting uses., park, community service facility, or government facility.

2. Temporary use permits are valid for one year and can be renewed on a yearly basis by providing the same documentation that demonstrates compliance with Ordinance standards as done with the original issuance.

3. In addition to the requirements of Sec. 3.12, Temporary Use Permit, the following shall be required:

a. On-site presence of a market manager during all hours of operation.

b. All vendors shall be producers A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms., as defined in Sec. 17.3, Defined Terms.

c. All products sold shall be food or beverage products, farm products Includes, but is not limited to, fruits, vegetables, mushrooms, herbs, grains, legumes, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat and milk), and seafood., or value-added farm products Any product processed by a producer from a farm product, such as, but not limited to, baked goods, jams, jellies, canned vegetables, dried fruit, syrups, salsa, salad dressings, flours, coffee, smoked or canned meat or fish, sausages, yogurt, cheese, or prepared foods..

d. Provisions for recycling and waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. removal. All recycling and waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. shall be removed from the premises by the termination of tear-down.

e. Hours and days of operation:

(1) Hours of operation shall be allowed between 7 a.m. and 9 p.m. but shall not exceed five hours per day. One and one-half hours before and one and one-half hours after the hours of operation are permitted for set-up and tear-down.

(2) A market shall not operate more than two days per week.

(3) An additional day per week or two additional hours per day are permitted three times a year to accommodate holidays or special events.

f. Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign.: Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. are permitted as follows:

(1) Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. erected only during market hours:

(a) No sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit is required.

(b) One sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. per street frontage The boundary of a property adjacent to one side of a street. is allowed.

(c) The maximum sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. area per sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. is 24 square feet.

(d) Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be set up only during the hours between the start of set-up and the end of tear-down.

(e) Sec. 11.3, Prohibited Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign., shall apply.

(2) Permanent signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign.:

Permanent signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall comply with Article 11, Sign Standards, and shall be incorporated into the common signage plan A plan delineating unifying characteristics for signs associated with a development project or complex. of the overall development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site hosting the market. If no common signage plan A plan delineating unifying characteristics for signs associated with a development project or complex. exists for the host site, a common signage plan A plan delineating unifying characteristics for signs associated with a development project or complex. shall be required.

4. Parking

a. During hours of operation, the minimum motor vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. parking requirements for outdoor markets, pursuant to paragraph 10.3.1A.1, Minimum, shall be provided. If the zoning district has no minimum parking requirement, then no minimum parking shall apply.

(1) Except as allowed via off-site parking pursuant to paragraph (2) below, all parking shall be on-site. Required parking spaces A designated off-street area designed to accommodate the parking of one vehicle. of the host property shall be permitted to count towards required market parking so long as a document signed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. by the property owner Any person having charge of any real property according to the records held by the Register of Deeds. and market manager demonstrates that there will be no parking demand associated with the use of the host property for the same parking spaces A designated off-street area designed to accommodate the parking of one vehicle. during the hours of operation of the farmers market A market open to the public where all products sold are farm products, value-added farm products, or a food or beverage product, and where the booths are operated by producers.t.

(2) Off-site parking up to 500 feet away, measured from property line of the parking area to the property line of the market site, can satisfy parking requirements subject to the following:

(a) Such parking areas shall be under the same control (by ownership or lease) as the host property or farmers market A market open to the public where all products sold are farm products, value-added farm products, or a food or beverage product, and where the booths are operated by producers.t. A copy of the deed or lease agreement shall be provided to demonstrate compliance with this requirement.

(b) A pedestrian safe route exists connecting the parking site and the market site, consisting of sidewalks, traffic-controlled crossings of 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., with no crossing of freeways A multi-lane, controlled access major road connecting this region, major activity centers or major roads with other regions, major activity centers or major roads. It is designed to accommodate large traffic volumes at high speeds. Such facilities may be part of the Interstate, Federal, or State primary highway system and are identified and further described on the adopted Comprehensive Transportation Plan, as amended. or expressways The same attributes as a freeway but with partial control of access and some limited driveways. Such facilities are identified and further described on the adopted Comprehensive Transportation Plan, as amended..

G. Manufactured Homes

1. Following a Fire or Natural Disaster that Causes an Existing Building to be Uninhabitable

a. General

Class A or B manufactured homes are be permitted as temporary residences following a fire or natural disaster.

b. Location

Such manufactured homes shall be located to the rear of the site unless site conditions make such location impractical.

c. Permitted Timeframe

Temporary Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permits for manufactured homes can be granted for the period of construction, but shall not be valid for longer than thirty days after a Certificate of Compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. is received for the permanent 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..During Home Construction in the RR District

d. General

Class A, B, or C manufactured homes are permitted as temporary residences in the RR District while construction of a new dwelling is actively underway. A Class C manufactured home shall require certification by a Professional Engineer that it is safe and habitable in order to be permitted.

e. Location

Any manufactured homes used for this purpose shall be located to the rear of the site unless site conditions make such a location impractical.

f. Permitted Timeframe

The manufactured home shall not be permitted for periods longer than 12 months, though such permits may be renewed one time, if valid 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. permits have been issued for the site, to provide an additional 12 months of use on the site. The manufactured home shall be removed from the site when construction ceases, even if the permit has not expired.

2. During Home Construction in the RR District

a. General

b. Location

Any manufactured homes used for this purpose shall be located to the rear of the site unless site conditions make such a location impractical.

c. Permitted Timeframe

3. For Custodial Care

a. General

Class A or B manufactured homes may be permitted as temporary accessory dwellings to provide custodial care.

b. Location

Manufactured homes used for this purpose shall only be permitted in residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. on sites developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. residence. The manufactured home shall be located to the rear of the primary 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. and shall maintain all required setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. of the district.

c. Permitted Timeframe

(1) The manufactured home shall not be permitted for periods longer than 24 months, but can be renewed for additional 24-month periods.

(2) The manufactured home shall be removed once it is determined that custodial care is no longer required.

d. Approval Process

The following shall be provided with an application for custodial care:

(1) A notarized document specifying that direct custodial relationship exists between the occupants of the manufactured home and the house.

(2) A physician’s note indicating custodial care is necessary.

H. Mobile Communication Towers

1. General

Mobile communication towers permitted as temporary uses shall not exceed 125 feet in height.

2. Permitted Purpose and Timeframe

A temporary use permit can be issued only for the following purposes and timeframes.

a. Mobile communication towers associated with temporary events shall be permitted for no more than seven days. No extension shall be granted.

b. For instances when an existing, freestanding WCF loses functionality due to damage to the facility, a mobile communication tower may be permitted for no more than 60 days. One extension for an additional 60 days is allowed. This shall not apply to government-owned mobile communication towers required due to a declared state of emergency pursuant to paragraph 5.3.3N.2, Exemptions.

I. Outdoor Sales

1. Residential

Garage or yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. sales in residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. shall not require a temporary use permit provided they comply with the following requirements:

a. General

(1) No sales activities occur except in daylight hours on no more than two consecutive days.

(2) No display or storage of goods occurs outside except on the day of the sale.

b. Permitted Timeframe

No more than four sales occur on any single site in any calendar year, with a minimum period between sales of three months.

2. Nonresidential

Commentary: For outdoor sales located 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., consult the regulations within the City of Durham Code of Ordinances.

a. Temporary outdoor sales shall be limited to property within commercial zoning and Design districts.

b. Except for mobile food vendors in DD District, only one vendor shall occupy a parcel See “Lot of record.” at one time unless a temporary use permit is issued for the vendor.

c. The maximum area for the temporary use shall be 400 square feet, unless solely for sales of Christmas trees, pumpkins, or fireworks.

d. A temporary use permit shall be required for temporary outdoor sales except for the following:

(1) Mobile food vendors within the DD District or on construction sites;

(2) Mobile vendors, other than those within the DD District or construction sites, that are occupying private property and set up once per day for a maximum of four hours;

(3) Mobile ice cream vendors;

(4) Outdoor displays in compliance with Sec. 7.5, Outdoor Display and Storage; or

(5) Sales of home grown produce A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms..

J. Portable On-Site Storage/Temporary Dumpster on Residential Property

1. General

a. Portable On-site Storage

A portable on-site storage unit is any container designed for the storage of personal Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. property and for transport by commercial vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. that is typically rented to owners Any person having charge of any real property according to the records held by the Register of Deeds. or occupants of property for their temporary use. A portable on-site storage unit is not 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. or 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..

(1) Associated with a Building Permit A permit issued by the Inspections Department in conformance with the State Building Code.

A portable on-site storage unit 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 A permit issued by the Inspections Department in conformance with the State Building Code. issued by the Durham City-County Inspections Department.

(2) No Building Permit A permit issued by the Inspections Department in conformance with the State Building Code.

A portable on-site storage unit shall require a temporary use permit under Sec. 3.12, Temporary Use Permit, if it is located on a residential property for more than 30 days.

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.

(1) Associated with a Building Permit A permit issued by the Inspections Department in conformance with the State Building Code.

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 A permit issued by the Inspections Department in conformance with the State Building Code. issued by the Durham City-County Inspections Department.

(2) No Building Permit A permit issued by the Inspections Department in conformance with the State Building Code.

A temporary dumpster shall require a temporary use permit under Sec. 3.12, Temporary Use Permit, if it is located on a residential property for more than 30 days.

(3) Number Allowed

Only one dumpster shall be allowed per residence.

2. Location

a. Single-Family Residences

Except as authorized above, a portable on-site storage unit or temporary dumpster for a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. residence shall be located in the driveway A private roadway located on a parcel or lot used for vehicle access. or at least five feet from any property line behind the front building line The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building. of the primary 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..

b. All Other Types of Residences

Except as authorized above, a portable on-site storage unit or temporary dumpster for any residential housing type other than a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. residence shall be located in an on-site vehicular use area and shall not obstruct When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. any drive aisle or block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. any required parking space A designated off-street area designed to accommodate the parking of one vehicle..

3. Size

The longest dimension of a portable on-site storage unit, or the longest aggregate dimension of multiple units, shall not exceed 20 feet.

4. Permitted Timeframe

A temporary use permit shall be limited to a maximum of 30 days. Such permit can be renewed one time for a maximum of 30 days provided renewal occurs prior to expiration of the original temporary use permit.

K. Public Facilities

4. Modular School Classrooms

When modular classroom units are needed to accommodate additional enrollment at a public school facility, a temporary use permit can be issued subject to the following:

a. Documentation provided by the applicant verifies the units are needed to accommodate additional student enrollment;

b. Documentation provided by the applicant specifies the anticipated amount of time needed for the modular units;

c. A stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. impact analysis (SIA) provided by the applicant, to be reviewed and approved by the City Public Works Department, or the County Engineering Department, as applicable, shall be submitted when units are proposed on a pervious surface. Improvements determined necessary based upon an approved SIA shall be installed prior to receiving a Certificate of Compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. for the modular units;

d. Documentation provided by the applicant that demonstrates the existing parking facilities can accommodate the additional classrooms, or additional parking spaces A designated off-street area designed to accommodate the parking of one vehicle. shall be provided, per Article 10, Off-Street Parking and Loading;

e. The temporary use permit shall be valid for one year, and can be renewed on a yearly basis provided the same documentation demonstrating conformance to Ordinance requirements is submitted.

L. Real Estate Offices and Model Homes

1. General

Temporary facilities used as real estate sales or leasing offices A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or model homes may be located within new residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

2. Location

Such facilities shall be required to meet all setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. requirements of the underlying zoning district and shall not be used as residences.

3. Permitted Timeframes

A facility permitted as a temporary real estate sales or leasing office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. shall be removed upon completion of sales or leasing in the residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

M. Special Events

1. Special events of a civic, religious, or nonprofit nature shall include, but are not limited to, outdoor concerts, markets, and festivals. Such events shall not require a temporary use permit if located on public property.

2. If an event requires a permit, the issuance period shall be a once every six months period instead of the 12-month period referenced in paragraph 5.5.1, General.

N. Temporary Healthcare Structures

1. General

a. Temporary healthcare structures shall comply with the provisions for such structures pursuant to NCGS § 160D-915, as amended.

b. Connection to public or private water and sewer systems shall comply with all applicable City, County, and State regulations.

2. Permitted Timeframe

a. Temporary healthcare structures are allowed for one 12-month period. The temporary use permit can be renewed on an annual basis as long as compliance with all applicable regulations is documented and a renewal of a doctor’s certification is provided.

b. Removal of the 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 comply with NCGS § 160D-915, as amended.

O. Temporary Structures on Nonresidential Construction Site

1. Permitted Timeframe

a. The temporary 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 permitted only while construction activities are being performed.

b. The temporary 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.(s) are allowed for up to 24 months and the permit can be renewed one time to provide an additional 12 months of use on the site.

c. The temporary 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 removed from the site when construction ceases, or the building permit A permit issued by the Inspections Department in conformance with the State Building Code. expires, whichever occurs first.

2. Location

Temporary structures shall be located on the site and shall comply with all setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. requirements of the district, and shall not be placed within required landscaping.

P. Tents

Tents used as temporary uses require permits from the fire marshal’s office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. as well as a temporary use permit.