Article 9.37 - Temporary Uses & Structures, including seasonal markets

9.37 Temporary Uses & Structures, Including Seasonal Markets

.1 The establishment of temporary sales lots for farmers markets, Christmas trees, and other seasonal agricultural products, plus related goods, are permitted for up to a maximum of three months per site and calendar year upon the issuance of a temporary use permit by the Zoning Administrator. The following conditions apply.

(a) Storage of goods in or sale of goods from trailer(s) on the site is prohibited.

(b) The use may only be located on a vacant lot or on a lot occupied by a nonresidential use.

(c) The use shall be conducted behind the prevailing established setback line for structures within 300’ in either direction on the same side of the street.

(d) Off-street parking may be provided behind or to the side of the established use, but not forward of the prevailing established setback line, defined in (c), above.

(e) On-site parking may be provided on a dust-free, pervious surface area and need not comply with Article 6.

(f) Signs on the premises of a temporary use shall meet the same standards as the correlative building and lot type permitted in the district.

.2 The establishment of temporary mobile food sales are permitted as an accessory use upon issuance of a temporary use permit by the Zoning Administrator. The following conditions apply.

(a) Trailers, carts and related storage shall be removed by the close of each business day.

(b) The use may only be located on a lot occupied by a non-residential use.

(c) The use shall be located a minimum of 15’ behind existing road right-of-way, shall not impede the flow of pedestrian traffic, nor shall be located in any required parking space, loading space, or vehicle maneuvering area.

(d) Off-street parking may be provided in existing parking spaces, as long as they are not part of the required number of spaces for the principal use.

(e) No signage shall be permitted, except signs that are painted on or applied directly to the mobile food unit.

(f) All applicable local and state regulations, including, but not limited to, Health Department, Environmental Health, and Environmental Protection, shall be met.

(g) All discharge, waste and trash shall be properly disposed of in accordance with the applicable regulations by the close of each day.

(h) A temporary use permit shall be required and is valid for one year and may be renewed annually. Prior to the issuing a temporary use permit all appropriate approvals, as provided in the Mecklenburg County Environmental Health Department's Mobile Food Unit and Pushcart Flow Chart, shall be provided to the Planning Department.

(i) At the issuance and renewal of a temporary use permit, the applicant shall supply the Zoning Administrator with permission from the property owner to locate on the property.

(j) The use shall not create any additional non-conformities on the existing site.

.3 Temporary accessory structures, including but not limited to, school mobile classrooms and temporary offices placed on development sites during construction and sale of buildings, are permitted for up to a maximum of two years, renewable thereafter in one year increments, upon the issuance of a temporary use permit by the Zoning Administrator. Such structures shall meet the standards for building and lot type to the extent practicable, given the location of existing buildings and improvements on the site and location of permitted of construction areas. Temporary structures associated with construction projects shall be removed upon completion of construction.

.4 Temporary Storage Containers are permitted as a temporary accessory use for residences, when not associated with new construction, subject to the following: (Construction addressed in Section 9.37.3)

a. Temporary storage containers shall be removed within thirty days of being placed on a lot and shall not be replaced for six months from the date of removal. Temporary storage containers may be placed on a property twice during a twelve-month period.

b. The temporary storage container cannot be located in a street right of way.

c. The temporary storage container shall not be placed in required parking spaces.

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