Sec. 6.8.2. Temporary Use Permit Required

The following temporary uses are allowed subject to approval of a temporary use permit issued in accordance with Sec. 10.2.13. and Sec. 11.4.1.

  1. Temporary Event
    1. A temporary event lasting 1 day shall be permitted without complying with the conditions below, provided that no more than 4 temporary events in any 1 calendar year shall be permitted on that premise.
    2. All temporary events lasting more than 1 day on any premise in any one calendar year shall meet all of the following:
      1. No premise shall be the site of a temporary event exceeding a collective total of 20 days, or 3 individual weekends, or both within any one calendar year. In this context, a weekend shall constitute 3 consecutive days.
      2. Signs associated with a permitted temporary event shall be a maximum size of 64 square feet in area allocated to no more than 5 signs.
      3. All outdoor activities shall be discontinued by 11 PM when located closer than 500 feet to a residential use or a congregate care facility.
      4. No unauthorized encroachments on public rights-of-way are allowed.
      5. The temporary event must comply with all applicable floodplain policies.
  2. Fund Raising Activity for a Civic Use in a Residential District
    1. The fund raising activity is on a periodic basis.
    2. Activities are discontinued by 11 PM.
  3. Outdoor Mobile Vending Cart
    An outdoor mobile vending cart is allowed in any mixed-use district subject to the following requirements:

    1. Outdoor mobile vending carts shall be located on the same lot as a principal building.

    2. The maximum number of outdoor mobile vending carts per lot is limited as follows:

      1. Two outdoor mobile vending cart on lots less than 5 acres.

      2. Four outdoor mobile vending carts on lots of 5 acres or greater but less than 10 acres.

      3. Six outdoor mobile vending carts on lots of 10 acres or greater.

      4. A maximum of 1 outdoor mobile vending cart when tenant occupancy equates to less than 50% of the gross floor area of the principal buildings.

      5. The amount of space occupied by outdoor mobile vending carts shall not exceed 1% of the occupied floor area gross of the principal buildings.

    3. The dimensions of any outdoor mobile vending cart may not exceed the following:

      1. ​​​​​​​50 square feet in area.

      2. A maximum length or width of 10 feet and a maximum height of 8 feet.

      3. The maximum height of 8 feet shall include any protection provided for the vendor or customer from outdoor conditions in the form of an umbrella, or other protective covering which must be attached to the cart.

    4. ​​​​​​​Signage for the outdoor mobile vending cart shall be limited to one A-frame sign in accordance with Sec. 7.3.12 and may be displayed during business hours but must be removed daily when the mobile vending cart is closed. Signage shall not be illuminated, internally or externally. All other signage must be attached to the cart and shall be limited to a maximum of 32 square feet

    5. All required Wake County and City of Raleigh permits and licenses shall be clearly displayed on the vending cart.

    6. The vending cart must be located within 50 feet of a principal building façade containing a primary pedestrian entrance, located no closer than 10 feet to any entrance or exit and may not be situated such that the free flow of pedestrian or vehicular traffic is restricted.

    7. Hours of operation for any outdoor mobile vending cart shall be limited to the hours of operation of the associated principal use. In no event shall the mobile vending cart be in operation between the hours of 1:15 AM and 6 AM. If the mobile vending cart is located within 150 feet of a residential zoning district or a lot containing a building used for single or two-unit living, the hours of operation are limited to the hours between 7 AM and 10 PM.

    8. Sales of goods and merchandise shall be limited to food and beverage items, fresh cut flowers and original artworks and handicrafts.

    9. Outdoor mobile vending carts must be located at least 5 feet from the edge of any driveway or public sidewalk, utility boxes and vaults, handicapped ramp, building entrance, exit or emergency access/exit way, or emergency call box and must not locate within any area of the lot that impedes, endangers, or interferes with pedestrian or vehicular traffic. Outdoor mobile vending carts must be located a minimum distance of 15 feet in all directions of a fire hydrant.
    10. Outdoor mobile vending must not occupy any handicap accessible parking space as specified in N.C. Gen. Stat. §20-37.6.
    11. The outdoor mobile vending cart operator or their designee must be present  except in cases of an emergency.
    12. No audio amplification is allowed as part of the outdoor mobile vending operation.
    13. All equipment required for the operation must be contained within, attached to or within 5-feet of the mobile vending cart and all food preparation, storage, and sales/distribution made in compliance with all applicable County, State and Federal Health Department sanitary regulations.
  4. Produce Stand
    1. Defined
      A produce stand permits the itinerant sale of agricultural produce and homemade food goods without a permanent structure or improvements.
    2. Use Standards
      1. Sales shall be limited to agricultural produce not exceeding a maximum of 2,000 square feet per lot (not including areas devoted to driveways and off-street parking). In addition to the sales of agricultural produce, 25% of the produce stand area may be devoted to the sales of homemade food goods such as baked goods, jams and relishes. For produce stands not removed from the lot on a daily basis, the use shall be limited to a maximum of 8 months per calendar year. All tents, stands, signs and structures associated with the produce stand shall be removed from the property within 5 calendar days following the termination of the approved time period.
      2. Produce stands locating within a Residential District shall be required to locate on the property of a civic building or use (such as a place of worship or school), or within the common area of an apartment building or series of buildings containing a minimum of 100 dwelling units, or on property fronting a Major Street as designated on the Comprehensive Plan. In the event that the property fronting a Major Street is developed with a detached house or tiny house used for single-unit living, no parking associated with the produce stand may be located within the front yard area.
      3. Tents, stands, signs or other related structures shall provide a minimum 10-foot setback from all property lines and public rights-of-way and shall not be located within sight distance triangles.
      4. Areas devoted to off-street vehicular parking shall be oriented to provide for safe pedestrian and vehicular circulation and arranged so that vehicular ingress and egress to the parking areas is by forward motion of the vehicle. Produce stands shall be exempt from the parking surfaces requirements and the required landscaping regulations.  
      5. Signage for all produce stand activities on the premise shall be limited to 1 unlit announcement sign not to exceed 12 square feet in area and be no higher than 3½ feet above the ground elevation.
      6. All activities shall be discontinued by 8:00 PM when located in a Residential District.
      7. No code-required landscape planting areas shall be utilized in association with the produce stand activities and no unauthorized encroachments on public rights-of-way shall be permitted.
      8. A plan that shows the location of all tents, produce stands, driveways, off-street parking, traffic circulation, signs, or other related structures shall be submitted to the City for their approval, and that a zoning permit be issued prior to any event taking place.
  5. Residential Development Sales Office or Model Home
    1. The use of the office shall be for the initial sale or lease of properties or buildings within the residential development.
    2. There shall be no signage for a residential development sales office or model home on the premises in a Residential District except for 1 unlit ground announcement sign not to exceed 6 square feet in area, and 3½ feet in height that is located on the sales office or model home lot.
    3. For a developing residential subdivision, any phase containing a residential development sales office or model home shall contain a minimum of 5 acres and be intended for a minimum of 10 residential properties.
    4. The building may be used for sales purposes for a period of 3 years, but the period can be extended by the Development Services Director on a semi-annual basis, provided the owner can show reasonable cause for such extensions and the unit remains occupied and used. In no event will the sales office or model home be continued when all of the properties of the development phase or building are sold or leased, excluding the sales office lot or model home lot within a subdivision.
    5. No sales office or model home shall be used for any other retail purpose. 
    6. For a developing residential subdivision, the building must be located on an approved lot intended to be occupied by a dwelling unit, except for facilities located in recreational buildings. For all residential developments, the building must be located to comply with applicable district dimensional standards.
    7. The building used for the sales office is either constructed and intended for ultimate residential use as part of the residential development or a temporary modular office unit. If a temporary modular office unit is constructed, the following additional conditions shall be met:
      1. The modular office unit must be placed on a proper foundation, as recommended by the manufacturer.
      2. Skirting and natural planting shrubs shall be installed around all sides of the modular office unit in accordance with the following:
        1. Skirting shall consist of any weatherproof material providing a visual barrier between the underside of the modular office unit and the stand; and
        2. All natural shrubs shall be evergreen, a minimum of 36 inches tall, and planted 5 foot on center, but no one side shall have less than 2 plants.
      3. At the end of the maximum time period allowed for this use, the property owner shall remove the temporary modular office unit, the foundation and all other physical structures such that natural plant materials shall solely occupy the lot until such time that a permanent use allowed within the district is established.
  6. Mobile Retail
    1. ​​​​​​​Defined
      The short-term sale of permitted items or services, including prepared food and beverages, from one or more temporarily stored and licensed motorized vehicles, travel trailers transported by a licensed motor vehicle, or food truck, collectively referred to within this section as ‘mobile retail vehicles’. In no instance shall alcoholic beverages exceed 70% of the total annual sales of each temporary mobile retail vehicle.
    2. Use Standards
      1. Mobile Retail - Short Term shall be permitted in the following zoning districts:
        1. OX, OP, NX, CX, IX, DX, RX, IH
      2. The maximum number of mobile retail vehicles per lot is limited as follows:
        1. Maximum of 2 mobile retail vehicles on lots of one-half acre or less;
        2. Maximum of 3 mobile retail vehicles on lots between one-half acre and 1 acre; and
        3. Maximum of 4 mobile retail vehicles on lots greater than 1 acre

      3. Retail Sales, pursuant to Sec. 6.4.11.A. are permitted with the exception of Pawn Shops and Vehicle Fuel Sales.

      4. Personal Services, pursuant to Sec 6.4.9.A, are permitted with the exception of Animal care (outdoor).
      5. Mobile retail vehicles and associated appurtenances must be located a minimum of 5’ from side and rear property lines and 10’ from any public right-of-way.
      6. Mobile retail vehicles shall be located on a surface meeting the standards of Sec. 7.1.9
      7. A mobile vending permit must be obtained for the mobile retail business and all required County and City permits and licenses must be clearly displayed on the mobile retail vehicle. This mobile vending permit is required to be renewed annually. Prior to the issuance of the mobile vending permit, the vendor must provide evidence of having obtained a NC Sales and Use Certificate for collecting and paying the proper sales taxes.
      8. Mobile retail vehicles selling food items (‘food trucks’) must meet the following standards:
        1. In addition to the requirements set forth in Sec. 6.8.2.F.2.g, the food truck must provide evidence of having obtained a County Environmental Services –Vending Permit, and a means for the disposal of grease within an approved grease disposal facility prior to the issuance of the mobile vending permit.
        2. Operating without a county and/or state-issued food vending permit, including one that has been suspended or revoked, shall be considered a violation of this ordinance.
        3. Food trucks must be located at least 50 feet from the main entrance to any eating establishment or similar food service business, any outdoor dining area, and any permitted food vending cart location, as measured from the designated location on the lot accommodating the mobile retail operation. In the event that one or more of the aforementioned uses locates within the minimum separation requirement subsequent to the food truck location being approved, nothing shall prohibit a food truck from continuing to operate at the approved location until the temporary use permit has expired.
      9. Hours of operation are limited to the hours between 6 AM and 3 AM. If the mobile retail vehicle is located within 150 feet of a residential zoning district or a lot containing a building used for single or two-unit living, the hours of operation are limited to the hours between 7 AM and 10 PM.
      10. A lot without another principal use (excluding Parking, see Sec. 6.4.7.) may be used for Mobile Retail - Short Term for up to 4 hours in any one day. A lot with another principal use (excluding Parking, see Sec. 6.4.7.) may be used for Mobile Retail – Short Term for up to 8 hours in any one day. No more than 4 of those hours may occur outside the principal use’s hours of operation. These requirements apply to all vehicles on the site, singularly and collectively.

      11. Mobile retail vehicles must not occupy any handicap accessible parking space as specified in N.C. Gen. Stat. 20-37.6.

      12. Mobile retail vehicles must be located at least 5 feet from the edge of any driveway or public sidewalk, utility boxes and vaults, handicapped ramp, building entrance, exit or emergency access/exit way, or emergency call box and must not locate within any area of the lot that impedes, endangers, or interferes with pedestrian or vehicular traffic. Mobile retail vehicles must be located a minimum distance of 15 feet in all directions of a fire hydrant.
      13. No audio amplification is allowed as part of the mobile retail operation.
      14. Outdoor seating is to be provided by the property owner or the associated principal use. Mobile retail vehicles and associated outdoor seating must be removed from all permitted locations during impermissible hours of operation and must not be stored, parked, or left overnight on any public street or sidewalk.
      15. Mobile retail vehicles are limited to one (1) A-frame sign per vehicle in accordance with Sec. 7.3.12 and may be displayed during business hours but must be removed daily when the mobile retail vehicle is closed. Signage shall not be illuminated, internally or externally. Signs attached to, painted on or otherwise positioned in or on a mobile retail vehicle shall be exempt from 7.3.15.N.
      16. The mobile retail vehicle operator or their designee must be present at all times except in cases of an emergency.
      17. Mobile Retail-Short Term uses must comply with all applicable City ordinances and regulations regarding waste disposal. All waste and trash must be disposed of properly and removed at the end of each day or as needed to maintain the health and safety of the public. City trash receptacles are not to be used for this purpose. All areas within 5 feet of the truck and any associated seating area must be kept clean of grease, trash, paper, cups or cans associated with the vending operation. No liquid waste or grease is to be disposed in tree pits, storm drains or onto the sidewalks, streets, or other public space. Under no circumstances can grease be released or disposed of in the City’s stormwater or sanitary sewer system.
      18. With the exception of allowable outdoor seating areas, all equipment required for the operation shall be contained within the mobile retail vehicle, attached to or within 10 feet of the mobile retail operation. All food preparation, storage, and sales/distribution shall operate in compliance with all applicable County, State and Federal Health Department sanitary regulations.
      19. A temporary use permit must be obtained by the property owner (as listed in the Wake County tax records) for any lot proposed to accommodate one or more food trucks. This temporary permit must be required to be renewed annually. A copy of the approved mobile vending permit and temporary use permit shall be kept in the mobile retail vehicle.