This ordinance amends Chapter 11, Section 1.9, as well as Chapter 13, Parts 1 and 3 of the Unified Development Ordinance.

(a) If the development is located outside the corporate limits of the Town, then the developer shall submit or cause to be submitted a voluntary annexation petition for the property in accordance with Policy Statement No. 43 (Voluntary Annexation Petitions), as may be amended from time to time by the Town Council, at the time that the application is submitted for site plan approval or preliminary subdivision plat approval.

(b) After final subdivision plat approval or site plan approval has been granted by the Town Council, the developer shall pay all water and sanitary sewer acreage development fees required under Chapter 19 of the Town Code, as established in the annual operating budget ordinance adopted by the Town Council.

CHAPTER 13. ACCESSORY AND TEMPORARY USES AND STRUCTURES

(e) [Temporary sale of goods.] The temporary sale of goods, other than agricultural products, for retail may be permitted as an Accessory Use under the following conditions:

NOTE TO READER: IN THE INTEREST OF BREVITY THE REMAINING TEXT WITHIN THIS STRICKEN SECTION HAS NOT BEEN INCLUDED. THE ENTIRETY OF THIS SECTION WILL BE REPLACED WITH THE PROPOSED LANGUAGE LISTED IN PART 13.3.

(fe)         Accessory uses prohibited.

(1) Without limiting the provisions and requirements of subsection (a) above, the following activities shall not be regarded as accessory to a principal use on any site and are prohibited in all zoning districts:

(a) The use of a travel trailer as a residence, permanent or temporary, with the exception of a trailer used for security for a Temporary Use approved under Section 13.3.1(b)(3)6 of this Ordinance.

(b) The use of any motor vehicle (as defined by Section 12-157 of the Code of Ordinances), or trailer or shipping container, as a structure in which, out of which, or from which any goods are sold or stored, any services performed, or other businesses conducted, except the following shall not be prohibited by this subsection:

(i) The retail sale of agricultural products, as allowed by Section 13.3.16 of this Ordinance; or

(ii) The sale of food products at a Town approved or sponsored event; and or

(iiiii) Use of a motor vehicle, trailer or shipping container in connection with an approved recycling operation; or

(iviii) Use of a trailer or shipping container in conjunction with construction authorized by a valid building permit; or

(viv) Use of a trailer or shipping container for the temporary loading and unloading of goods, provided that no individual trailer or container is in place longer than forty-eight (48) hours.

(gf) Temporary accessory uses and structures. Temporary accessory uses and structures not involving the temporary sale of goods, other than agricultural products, shall be governed by the standards and temporary use permit procedures set forth in Part 3 of this Chapter and Chapter 5, Part 3 of this Ordinance.

NOTE TO READER: IN THE INTEREST OF BREVITY THE REMAINING TEXT WITHIN THIS STRICKEN PART HAS NOT BEEN INCLUDED. THE ENTIRETY OF THIS PART WILL BE REPLACED WITH THE PROPOSED LANGUAGE LISTED BELOW.

This section allows for the establishment of certain temporary uses of limited duration, provided that such uses do not negatively affect adjacent properties or Town facilities, and provided that such uses are discontinued upon the expiration of a set time period. Temporary uses do not involve the construction or alteration or any permanent building or structure.

Table 13.3.2.1 summarizes the temporary uses and structures that are allowed within the Town and any general or specific regulations that apply. Temporary uses or structures not listed in Table 13.3.2.1 are not allowed under this Ordinance.

Without limiting the provisions and requirements of this Ordinance, the following activities are prohibited in all districts:

(A) Retail sales or display of goods, products, or services within the public right-of-way except as part of an authorized not-for-profit, special, or town-recognized event.

(B) Retail sales or display of non-agricultural goods, products, or services from a motor vehicle, trailer, or shipping container. The sale and/or display of agricultural products is exempt from this requirement.

All temporary uses and structures that are required to obtain a temporary use permit by Table 13.3.2.1 shall obtain such permit pursuant to the procedures set forth in Chapter 5 Part 3 of this Ordinance. A temporary use permit shall be reviewed, approved, or revoked only in accordance with the regulations of Chapter 5 Part 3 and this Ordinance.

All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this Ordinance:

(A) The temporary use or structure will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

(B) The temporary use or structure will not have substantial adverse or noise impacts on nearby residential neighborhoods.

(C) The temporary use complies with all applicable general and specific regulations of this Section and Chapter 5 Part 3, unless otherwise expressly stated.

(D) Permanent alterations to the site are prohibited.

(E) All approved temporary signs associated with the temporary use or structure shall be removed when the activity ends.

(F) The temporary use or structure will not violate any applicable conditions of approval that applies to a principal use on the site.

(G) If the property is undeveloped, it contains sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic movement that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers.

(H) If the property is developed, the temporary use must be located in an area that is not actively used by an existing approved principal use, and which would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability.

(I) Tents and other temporary structures will be located so as to not interfere with the normal operations of any permanent use located on the property.

(J) Off-street parking is adequate to accommodate the proposed temporary use.

(K) All inspections and permits required by applicable construction codes have been made and approved by the Inspections and Permits Department.

(L) Applications for temporary structures to be located in or near the 100 year floodplain will be required to submit a plan to the Stormwater Management Engineer for the removal of such structure(s) in the event of a hurricane or flash flood notification. The plan must include the following information:

(1) The name, address and phone number of the individual responsible for the removal of the temporary structures.

(2) The time frame prior to the event at which a structure will be removed;

(3) A copy of the contract or other suitable instrument with a trucking company to insure availability of removal equipment when needed; and

(4)  Designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure will be moved.

(1) Purpose and Scope.

Factory-fabricated, transportable buildings that are designed to arrive at the site ready for occupancy, except for minor unpacking and connection to utilities, and designed for removal to and installation at other sites, may be placed on a property to serve as the following:

(a) Expansion space for existing churches, health care facilities, and government offices, provided that plans for the permanent expansion of the existing facilities have been submitted to and approved by the Town.

(b) Temporary classroom space to augment an existing school facility, as defined by this Ordinance.

(c) Temporary offices for construction and security personnel during the construction of a development for which the Town has issued a grading permit or building permit pursuant to Chapter 5 of this Ordinance.

(d) Temporary quarters for recreational facilities which are being provided in conjunction with a new residential development, provided that the Town has approved a site plan or subdivision plan for the development.

(e) Temporary quarters for a non-residential use when the permanent building has been destroyed by a fire or other physical catastrophe, provided that a building permit for the permanent facility is obtained within 90 days after approval of the temporary quarters. The Planning Director may approve a written request for an extension of an additional 90 days for good cause shown. Failure to obtain a building permit within the time frame allowed will revoke approval for the temporary quarters.

(f) One temporary office per site to include, but not be limited to, the following uses: hiring, membership solicitation, apartment office/leasing, and other general office uses. The number of modular buildings housing such uses shall be limited to one, in addition to those already allowed by this Section. Such modular buildings shall not be placed on the property prior to the issuance of a building permit.

(2) Standards and Requirements for Approval.

In addition to meeting the general standards of Section 13.3.4, all temporary structures approved pursuant to this section shall meet the following standards and requirements:

(a) Location.

Temporary structures allowed under Section 13.3.6 may be located anywhere on site, except within the following areas:

(i) Existing vegetated buffers or within the buffer setbacks.

(ii) Areas designated for future vegetated buffers whether or not vegetation currently exists.

(iii) Other areas designated on the development plan for open space, vehicular use, or ingress/egress.

(b) Other Requirements.

(i) The temporary structure shall be factory-fabricated and transportable.

(ii) Underskirting shall be installed around all temporary structures requiring site plan approval.

(iii) In addition to any other off-street parking required on the site, off-street parking shall be provided in accordance with the requirements set forth in Chapter 12 of this Ordinance.

(iv) All permits required by applicable building, electrical, plumbing, and mechanical codes shall be obtained from the Planning Department prior to installation of the temporary structure.

(v) For those temporary structures requiring site plan approval, the temporary structure shall be compatible with the existing buildings on the site in terms of exterior color.

(vi) Foundation plantings installed in accordance with Chapter 14 Part 1 of this Ordinance shall be required for temporary structures intended for use as temporary recreation facilities.

(vii) A sketch plan containing sufficient information to show compliance with the above standards shall be submitted to and approved by the Planning Department prior to installation of the temporary structure.

(3) Duration.

(a) Temporary structures under this section may remain on the site for no more than 12 months. This period may be renewed for two 12-month periods, for good cause shown, upon approval of a written request, submitted to the Planning Director thirty days prior to the expiration of the permit. In no event, however, shall such extensions allow the temporary structure to remain on the site for more than three years.

(b) Temporary classroom structures for use as part of an existing school facility may be allowed to remain on the site for longer than three years provided that approval to do so has been granted by the Town Council.

(B) Real Estate Sales Offices and Model Sales Homes.

(1) General Requirements.

One temporary real estate sales office or model sales home may be allowed as incidental to a new residential or nonresidential development provided that:

(a) The use is located on a single-family lot or within a multi-family development that was approved by the Town as part of a residential development, or within a nonresidential area of an approved planned unit development.

(b) Signage shall comply with the regulations found in Table 13.3.2.1.

(c) The temporary use is aesthetically compatible with the character of the community and the surrounding development in terms of exterior color, predominant exterior building materials, and landscaping.

(d) The temporary use complies with the minimum yard and setback requirements of the zoning district in which it is located.

(e) Parking spaces shall be provided on the lot in a number sufficient to meet the requirements set forth for offices in Chapter 14 of this Ordinance.

(f) For single-family developments, at least 300 square feet of evergreen plantings shall be provided around the base of the temporary use; one street tree shall be provided per 40 feet of street frontage of the lot on which the structure is located; and one ornamental tree shall be provided per 20 feet of street frontage, pursuant to the general landscaping requirements of Chapter 14.

(g) A site plan, containing sufficient information to show compliance with the above standards, shall be submitted to and approved by the Planning Department prior to installation of the sales office.

(h) The temporary use shall connect to both town utilities if they are within 450 linear feet to the property.

(i) If the utilities are not within 450 linear feet, private water and/or septic systems may be allowed if deemed appropriate by the Planning Director.

(j) Upon termination of the temporary real estate sales office or model sales home, the structure will be converted into, or removed and replaced with, a permanent residential use.

(k) In approving or renewing approval of a real estate sales office, the Planning Director may impose other requirements as he or she deems necessary to avoid adverse impacts that the use as a sales office may have on adjacent properties or the community as a whole.

(2) Duration.

(a) Temporary Real Estate Sales Offices.

Temporary real estate sales offices may be approved for a period of up to one year. This period may be renewed for two additional 12-month periods, but not exceeding a total of three years, for good cause shown, upon approval of a written request for such an extension by the Planning Director, filed thirty days prior to the expiration date of the existing approval. All temporary trailers shall be removed from the site prior to the issuance of the last certificate of occupancy for the site.

(b) Model Sales Homes.

Model sales homes may be approved for a period of up to three years. this period may be renewed for additional six-month periods, for good cause shown, upon approval of a written request for such an extension by the planning director. There is no time limit on the use of model units for rental housing.

(C) Sale/Display of Goods Other than Agricultural Products.

(1) Applicability.

Merchants may display and/or sell goods in the Town on a temporary basis without establishing a permanent place of business, subject to the standards and requirements set forth in this section. Receipt of Peddler’s Permit from the Police Department does not exempt a merchant from the need to obtain a temporary use permit for such sales.

(2) Location.

(a) The outdoor display and/or sale of goods consistent with the provisions in Section 13.1.13 is considered as an accessory use and does not need to obtain a temporary use permit.

(b) The proposed display and/or sale of goods, products and/or services for commercial purposes may not occur within 200 feet of an occupied residential dwelling unit.

(c) Commercial Sales.

A temporary display or sale of goods for commercial purposes shall take place on a developed site where the principal use is retail sales, or on an immediately adjacent developed out-parcel of such a site.

(d) Non-Commercial Sales.

A temporary sale of goods for public or institutional purposes may take place on a developed site where the principal use is retail sales, or on an immediately adjacent developed out-parcel of such a site. Upon approval of the Planning Director, such sales may take place on public property, including: public parks owned or maintained by the Town, public street rights-of-way, any other property owned by the Town, a special district, or other political subdivision of the State of North Carolina.

(3) Similar Products, Goods, and Services.

A temporary display or sale of products, goods and/or services for commercial purposes shall be limited in scope to similar or complimentary products, goods, and/or services to those offered by the existing principal use located upon the same site. The temporary sale of non-agricultural products, goods, and/or services which differ from the normal range of those offered by an existing principal use shall be prohibited.

 

(4) Submittal Requirements.

The operator of the temporary sale of products, goods and/or shall provide the Planning Department with the following:

(a) Written permission from the property owner.

(b) A sketch plan showing:

(i) The location of any tent or temporary structure to be used.

(ii) The location of pedestrian, vehicular, and emergency ingress and egress over the entire property, including pedestrian access to streets, driveways, and parking areas, and obstructions of vehicular rights-of-way.

(iii) The location and number of available off-street parking spaces to serve the temporary sale of goods.

(iv) The location, size, color, and design of all temporary signs in accordance with Chapter 13 Part 2 of this Ordinance.

(v) Electrical power connections, if applicable.

(5) Hours of Operation.

The hours of operation of the temporary sale of products shall be from no earlier than 7:30 am to no later than 10:00 pm, or the same as the hours of operation of the principal use, whichever is more restrictive.

(6) Duration; Sales per Year.

(a) The temporary sale of non-agricultural products shall be allowed on an individual parcel or site for no more than 90 total days per calendar year.

(b) The number of temporary sales of products per site per calendar year shall not exceed three (3). For the purposes of this section, "site" shall mean the entire parcel, including out-parcels, whether it is a single tenant, multi-tenant, or shopping center use.

(7) Required Findings.

The Planning Director shall issue a temporary use permit for the temporary display and/or sale of products only upon a finding that the proposed use satisfies the following requirements:

(a) The property contains an area that is not actively used which would support the proposed temporary sale of products without encroaching into or creating a negative impact on existing buffers, open space, landscaping, traffic movements, or parking space availability.

(b) Tents and other temporary structures will be located so as not to interfere with the normal operations of any permanent use located on the property.

(c) All tents and other temporary structures shall match the predominant color of the principle structure on the premises or be of a neutral or earth tone color.

(d) Off-street parking is adequate to accommodate the proposed sale of products, and that the temporary use will not occupy any existing parking required for the principal use.

(e) The temporary sale of products will not likely cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services cannot be provided throughout the town and will not likely cause unreasonable or unwarranted disruption to vehicular or pedestrian traffic.

(f) All inspections and permits required by applicable construction codes have been made and approved by the Planning Department.

(1) Agricultural Products Defined.

For the purposes of this Section, agricultural products are defined as products obtained primarily through farming or agricultural activities, including, but not necessarily limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest products, including Christmas trees, firewood, and pinestraw; bees and beekeeping products; seafood; and dairy products. For the purposes of this section, processed or prepared food products of any kind shall not be considered as agricultural products.

(2) Approval Criteria.

(a) The temporary sale of agricultural products grown off-site may be allowed subject to issuance of a temporary use permit pursuant to Chapter 5 of this Ordinance. Temporary sales of agricultural products shall meet all requirements for temporary sale of non-agricultural goods set forth in Section 13.3.6(C) above; however, the temporary sale of agricultural products for commercial purposes may occur from a vacant lot, in addition to a developed site where the principal use is retail sales.

(b) The temporary sale of agricultural products grown off-site is exempt from the requirement for similar products, goods, or services to those offered by an existing principal use as required under the provisions for the temporary sale of non-agricultural products.

(c) The temporary sale of agricultural products grown off-site may be accomplished from a vehicle, trailer, or shipping container, provided such vehicle, trailer, or container is located in accordance with the provisions of 13.3.5 of this Ordinance.

(d)  The temporary sale of agricultural products grown off-site shall be allowed on an individual parcel or site for no more than 180 total days per calendar year.

(e) The number of temporary sales of agricultural products per site per calendar year shall not exceed three (3).

(E) Sale of Fireworks

(1) Approval Criteria.

The temporary sale of fireworks may be allowed subject to issuance of a temporary use permit pursuant to Chapter 5 of this Ordinance. Temporary sales of fireworks or other pyrotechnics shall meet all requirements for temporary sale of non-agricultural goods set forth in Section 13.3.6(C) above; however, the temporary sale of fireworks or pyrotechnics are exempt from the similar product provisions which apply to the sale of other non-agricultural products.

1. Purpose and Intent.

The purpose for this section is to establish permit requirements, allowable time frames, and submittal requirements for four (4) recognized types of events.

These provisions are intended to address potential significant negative impacts to public or private properties from events or event-related activities, not to prevent such activities from occurring or to unduly restrict private events.

Notwithstanding these provisions, the Planning Director may use discretion in determining the type of event, or which criteria need to be addressed under a temporary use permit for a particular event.

2. Types of Events.

                    (1) Town-recognized Event.

A town-recognized event is one which is in part or wholly sponsored by the Town, recognized by the Town, or proclaimed as a Town-recognized event by the Town Council. Such events shall include only those events listed on the Town-recognized Event List as maintained by the Town Clerk. The Town-recognized Event List may be amended as needed by the Town Council.

(2) Not-for-profit Event.

A not-for-profit event is any event which is requested by, or held for, a recognized non-profit organization or other charitable organization, with at least 51% of the revenue derived from the event intended for a not-for-profit entity or for its programs.

(3) Special Event.

Special events are any organized event, specifically including, but not limited to: a circus, carnival, cultural event, fair, celebration, communal camping, ground-breaking, grand opening, religious service, musical or other show, which reasonably may be expected to attract 100 or more persons, but which do not meet the criteria of a Town-recognized event or a not-for-profit event.

(4) Private Event.

Private events are any organized event which is not open to members of the general public, typically has a duration of less than twelve (12) hours, and which is not expected to have significant negative impacts on surrounding properties. Examples of such events include, but are not limited to wedding ceremonies, funerals, private parties or other similar gatherings.

(C) Permit Required.

(1) No special event or not-for-profit event, as specified above shall be permitted unless a temporary use permit has first been obtained in accordance with this Section and the procedures of Chapter 5, unless otherwise specified in this Section.

(2) The requirement for a temporary use permit may be waived in whole or in part, upon the Planning Director’s findings that the proposed event creates little or no risk of non-compliance with those factors set forth in this Section.

(3) Any application to hold a special event or not-for-profit event shall be made in advance of the event.

(4) A permit to hold a special event or not-for-profit event issued to one person or organization shall permit any person to engage in any lawful activity in connection with the holding of the permitted assembly.

(D) No Permit Required.

(1) The following types of events do not need to obtain temporary use permits, but may be subject to the maximum allowable time frames, temporary signage requirements, and specific regulations as listed in Table 13.3.2.1 above:

(a) Town-recognized events.

(b) Athletic events held at approved sports facilities.

(c) Temporary not-for-profit car washes held on developed sites.

(d) Garage and/or yard sales.

(e) Block parties occurring entirely upon the grounds of a private residence or common area of a multi-family residential development.

(f) Other events with 99 people or fewer in attendance provided there is little likelihood of damage to public or private property, injury to persons, public disturbances or nuisances, unsafe impediments to pedestrian or vehicular travel, or other significant adverse effects upon the public health, safety, or welfare.

(g) Private events.

(2) The Planning Director may require any of the proposed events listed above to obtain a temporary use permit upon the finding that such event poses a significant risk of damage to public or private property, injury to persons, public disturbances or nuisances, unsafe impediments to pedestrian or vehicular travel, or other significant adverse effects upon the public health, safety, or welfare.

(3) Events which occur or take place entirely within the boundaries of a parcel or parcels which possess development plan approval for such activities (i.e. assembly halls, convention centers, amphitheaters, or event centers).

(E) Term of Approval/Permit.

Table 13.3.2.1 lists the maximum allowable time frame for all allowable events. The Planning Director may extend the consecutive-day limit or the annual limit upon approval of a written request for such an extension, and upon a finding that there will be no substantial adverse impact on surrounding property, public facilities and services, or the community at-large.

(F) Additional Planning Requirements.

In addition to meeting the general standards of Section 13.3.4, all not-for-profit and special events shall also meet the planning requirements set forth below. The Planning Director shall be responsible for determining the adequacy of submitted plans.

(1) An adequate plan for security and safety shall be implemented on and around the site of the event, including sufficient staffing, provision for pedestrian safety, restroom facilities (if necessary), and traffic routing.

(2) An adequate plan for public health, safety, and welfare on, around, and outside the site of the event shall be implemented, including a showing that the event will not likely cause interference with the movement of emergency vehicles to such an extent that adequate police, fire, or other emergency services cannot be provided throughout the Town and will not likely cause unreasonable or unwarranted disruption to vehicular or pedestrian traffic.

(G) Submittal Requirements.

All applications for special and not-for-profit events shall include such information and supporting materials as are required by the Planning Director, including, but not necessarily limited to, the following:

(1) A description of the proposed event, including the event’s starting date and time, the event’s ending date and time, the date and time preparatory activities will commence, and the date and time of completed post-event clean-up.

(2) The location of the property(ies) upon which the proposed event will take place.

(3) A security plan.

(4) A parking plan.

(5) Evidence of the non-profit status of an applicant or event beneficiary if not-for-profit event status is being requested, as well as a signed affidavit from the event sponsor indicating that at least 51% of the revenue generated by the event is intended for a recognized 501(c)(3) or 426(c)(3) organization.

(6) A statement as to whether the applicant has requested the Town Manager to apply the provisions of Section 4-7 of the Code of Ordinances during the event. If the applicant desires to have the provisions of Section 4-7 apply, the applicant shall also provide evidence that all reasonable attempts will be made to notify the public that animals will not be permitted within the boundaries of the event. Public notification shall include notice in all advertisements and the posting of notices on the property immediately before and during the event. All such notices shall state that animals are prohibited and shall refer to Section 4-7 of the Cary Code of Ordinances.

(7) A statement as to whether the applicant has requested the Town Manager to apply the provisions of Section 14-28(e) of the Code of Ordinances during the event prohibiting the sale, use, and possession of fireworks type items that might otherwise be permitted pursuant to N.C.G.S. 14-414 ("non-exploding fireworks"). If the applicant desires to have the provisions of Section 14-28(e) apply, the applicant shall also provide evidence that all reasonable attempts will be made by the applicant to notify the public that non-exploding fireworks will not be permitted within the boundaries of the event. Public notification shall include notice in all advertisements and the posting of notices on the property immediately before and during the event. All such notices shall state that all pyrotechnics and fireworks including non-exploding fireworks like smoke bombs, sparklers and party poppers are prohibited and shall refer to Section 14-28(e) of the Cary Code of Ordinances.

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ADOPTED: 9/12/02
EFFECTIVE: 9/12/02