- Retail Sales Use Category
Facilities involved in the sale, lease, or rental of new or used products. Retail sales includes the following uses.- Antiques, appliances, art supplies, baked goods, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, fuel (including gasoline and diesel fuel), furniture, garden supplies, gifts or novelties, groceries, hardware, home improvement, household products, jewelry, medical supplies, music, musical instruments, office supplies, package shipping, pets, pet supplies, pharmaceuticals, photo finishing, picture frames, plants, printed materials, produce, seafood, souvenirs, sporting goods, stationery, tobacco, used or secondhand goods, vehicle parts and accessories, videos and related products.
- Art gallery.
- Check cashing, payday loan.
- Pawnshop.
- Pawnshop
- Defined
A shop where loans are made with personal property as security.
- Defined
- Mobile Retail - Long Term
- Defined
The sale of permitted items or services, including prepared food and beverages, from one or more 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. - Use Standards
- Unless the Board of Adjustment approves a special use permit under Sec. 10.2.9 allowing additional mobile retail vehicles, the maximum number of mobile retail vehicles per lot shall be limited as follows:
- Maximum of 4 mobile retail vehicles on lots of one-half acre or less;
- Maximum of 6 mobile retail vehicles on lots between one-half acre and 1 acre; and
- Maximum of 8 mobile retail vehicles on lots greater than 1 acre.
- Retail Sales pursuant to Sec. 6.4.11.A. are permitted with the exception of Pawn Shops and Vehicle Fuel Sales.
- Personal Services, pursuant to Sec 6.4.9.A, are permitted with the exception of Animal care (outdoor).
- Mobile retail vehicles and associated appurtenances must be located a minimum of 5 feet from side and rear property lines and 10 feet from any public right-of-way.
- Electrical service must be provided for each mobile retail vehicle. The use of portable generators is prohibited.
- Mobile retail vehicles shall be located on a surface meeting the standards of Sec. 7.1.9
- 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.
- Mobile retail vehicles selling food items (‘food trucks’) must meet the following standards:
- Outdoor seating shall only be provided by the property owner or an associated principal use.
- In addition to the requirements set forth in Sec. 6.4.11.C.2.f, 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.
- 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.
- Food trucks must be located at least 50 feet from the main entrance of any offsite eating establishment or similar food service business, any offsite outdoor dining area, and any offsite 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 the food truck from continuing to operate at the approved location unless the long-term mobile retail use is discontinued.
- 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.
- Mobile retail vehicles must not occupy any handicap accessible parking space as specified in N.C. Gen. Stat. §20-37.6
- No audio amplification is allowed as part of the mobile retail operation.
- 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 illuminaed, 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.
- Hours of operation are limited to the hours between 6 AM and 3 AM. If the mobile retail vehicle(s) is located within 150 feet of a residential zoning district or a building used for single or two-unit living, the hours of operation are limited to the hours between 7 AM and 10 PM.
- Any mobile retail vehicle or outdoor seating area shall be a minimum distance of 100 feet from any dwelling in a residential district; however the minimum distance may be reduced to 40 feet provided the standards pursuant to Sec. 7.2.4.E.17.
- Restrooms must be provided in accordance with the North Carolina Plumbing code. On-site restrooms shared with an associated principal use may be used to fulfill this requirement.
- When in operation, the mobile retail vehicle operator or their designee must be present except in cases of an emergency.
- Mobile Retail-Long 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.
- With the exception of allowable outdoor seating areas, all equipment required for the mobile retail operation must be contained within, attached to or within 10 feet of the mobile retail vehicle and all food preparation, storage, and sales/distribution must be in compliance with all applicable County, State and Federal Health Department sanitary regulations.
- Unless the Board of Adjustment approves a special use permit under Sec. 10.2.9 allowing additional mobile retail vehicles, the maximum number of mobile retail vehicles per lot shall be limited as follows:
- Defined
- Use Standards
- A retail sales use in an RX- District is subject to the following:
- Must be located on the first floor of a corner unit in an apartment building type located at the intersection of 2 public streets.
- The retail sales use cannot exceed 4,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot.
- Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
- Drive-thru or drive-in facilities are not permitted.
- Vehicle fuel sales, check cashing and payday loan facilities are not permitted.
- A retail sales use in an -TOD overlay is not subject to parts a and b of this section; however, such a use must be within or attached to a multi-tenant building. The retail sales unit cannot exceed 10,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot.
- A retail sales use in an OX- District is subject to the following:
- Must be within or attached to a multi-tenant building, cannot be located in a standalone building.
- The floor area of the retail sales use cannot exceed 15% of the gross floor area of the entire building or 4,000 square feet, whichever is greater individually or cumulatively in combination with any other allowed Limited Commercial use per lot.
- Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
- Drive-thru or drive-in facilities are not permitted.
- Vehicle fuel sales, check cashing and payday loan facilities are not permitted.
- A retail sales use in an -TOD overlay is not subject to part b of this section. The retail sales unit cannot exceed 10,000 square feet in gross floor area individually or cumulatively in combination with any other allowed Limited Commercial use per lot.
- Vehicle Fuel Sales (including gasoline and diesel fuel) in the NX- District is subject to the following:
- If any portion of the property is located within 200 feet of a Residential District (determined by a straight line from the property line to the district boundary line) Vehicle Fuel Sales (including gasoline and diesel fuel) shall meet all of the following:
- Width Dimensions:
a) Width (min): 100’ - Any lot that contains Vehicle Fuel Sales (including gasoline and diesel fuel) must be located within 300’ of the centerline of an intersection that includes a street from at least one of the following Street Types: Mixed Use Streets or Major Streets.
- Hours of operation for Vehicle Fuel Sales (including gasoline and diesel fuel) can begin no earlier than 6 AM and end no later than 11 PM. Operations include all deliveries and collections. Preparation, store cleaning and inventory may be allowed during these restricted hours. Uses other than Vehicle Fuel Sales (including gasoline and diesel fuel), car washing and vacuuming may continue operation during these restricted hours.
- The total number of vehicles capable of being simultaneously serviced cannot exceed 8.
- All vacuuming and compression machines located outside of an enclosed building shall be located at least 50 feet from a Residential District or use and shall be of a design that does not exceed a noise level reading of 55 dB(A).
- Accessory car washing is only allowed if the car wash is equipped only with fully automatic wash equipment so the driver remains in their car during the entire wash process.
- Backlighting of fuel canopies is prohibited. All canopy lighting shall be flushed mounted underneath the canopy except for signs.
- Canopies shall be limited to a 16 feet maximum height to the bottom of the underside of the canopy and a 23 feet maximum to the top of the roof of the canopy (absent any required vent stacks).
- Fuel pumps must be located a minimum of 50 feet from a Residential District.
- Width Dimensions:
- If any portion of the property is located within 200 feet of a Residential District (determined by a straight line from the property line to the district boundary line) Vehicle Fuel Sales (including gasoline and diesel fuel) shall meet all of the following:
- Vehicle Fuel Sales (including gasoline and diesel fuel) in a NX-, CX-, DX- or IX-District is subject to the following:
- Subject to NCDOT driveway access regulations, no fuel pump island shall be located closer than 25 feet from any public street right-of-way.
- A retail sales use in an RX- District is subject to the following: