5.5.2 Specific Temporary Uses | Durham Unified Development Ordinance

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.

Carnivals shall not be permitted in residential districts. All facilities associated with a carnival shall be located at least 100 feet from the property line of the closest residential property or use.

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

Christmas tree sales lots shall require a temporary use permit if located in a residential district.

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

Circuses shall not be permitted in residential districts. All facilities associated with a circus shall be located at least 100 feet from the property line of the closest residential property or use.

Temporary Use Permits for a circus shall not be granted for any period longer than 10 days.

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. Manufactured homes are permitted during construction for this use.

The temporary buildings shall be removed prior to the issuance of a final certificate of compliance for the construction project, or upon the expiration of the building permit associated with the construction project.

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

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

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.

A farmers’ market can operate with a temporary use permit as follows:

1. Unless prohibited within the committed elements of a development plan, farmers’ markets are allowed within any non-residential zoning district, and within residential zoning districts on property used as an educational facility, place of worship, 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, as defined in Sec. 17.3, Defined Terms.

c. All products sold shall be food or beverage products, farm products, or value-added farm products.

d. Provisions for recycling and waste removal. All recycling and waste 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: Signs are permitted as follows:

(1) Signs erected only during market hours:

(a) No sign permit is required.

(b) One sign per street frontage is allowed.

(c) The maximum sign area per sign is 24 square feet.

(d) Signs 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, shall apply.

(2) Permanent signs:

Permanent signs shall comply with Article 11, Sign Standards, and shall be incorporated into the common signage plan of the overall development site hosting the market. If no common signage plan exists for the host site, a common signage plan shall be required.

a. During hours of operation, the minimum motor vehicle 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 of the host property shall be permitted to count towards required market parking so long as a document signed by the property owner and market manager demonstrates that there will be no parking demand associated with the use of the host property for the same parking spaces during the hours of operation of the farmers’ market.

(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 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, with no crossing of freeways or expressways.

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

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

Temporary Use 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 is received for the permanent structure.

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.

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

The manufactured home shall not be permitted for periods longer than 12 months, though such permits may be renewed one time, if valid building 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.

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

Manufactured homes used for this purpose shall only be permitted in residential districts on sites developed with a single-family residence. The manufactured home shall be located to the rear of the primary structure and shall maintain all required setbacks of the district.

(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.

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.

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

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.

Garage or yard sales in residential districts shall not require a temporary use permit provided they comply with the following requirements:

(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.

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

Commentary: For outdoor sales located within the public right-of-way, 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 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 portable on-site storage unit is any container designed for the storage of personal property and for transport by commercial vehicle that is typically rented to owners or occupants of property for their temporary use. A portable on-site storage unit is not a building or structure.

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 issued by the Durham City-County Inspections Department.

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.

A temporary dumpster is for the sole purpose of collecting and removing refuse generated from the same property of the dumpster location.

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 issued by the Durham City-County Inspections Department.

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.

Only one dumpster shall be allowed per residence.

Except as authorized above, a portable on-site storage unit or temporary dumpster for a single-family residence shall be located in the driveway or at least five feet from any property line behind the front building line of the primary structure.

Except as authorized above, a portable on-site storage unit or temporary dumpster for any residential housing type other than a single-family residence shall be located in an on-site vehicular use area and shall not obstruct any drive aisle or block any required parking space.

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

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.

Structures associated with government activities shall be incidental to a permanent use or building located on the site.

Except for modular school classrooms, the temporary public facility can be located within street yards, but not within any required parking or landscape area. An all-weather surface shall be provided for access to the temporary public facility.

Except for modular school classrooms, the temporary public facility shall not be permitted for periods longer than three years, although the permit can be renewed once for up to an additional 24 months.

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 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 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 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.

Temporary facilities used as real estate sales or leasing offices or model homes may be located within the new residential development.

Such facilities shall be required to meet all setback requirements of the underlying zoning district and shall not be used as residences.

A facility permitted as a temporary real estate sales or leasing office shall be removed upon completion of sales or leasing in the residential development.

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.

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.

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 shall comply with NCGS § 160D-915, as amended.

a. The temporary structure(s) shall be permitted only while construction activities are being performed.

b. The temporary structure(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 shall be removed from the site when construction ceases, or the building permit expires, whichever occurs first.

Temporary structures shall be located on the site and shall comply with all setback requirements of the district, and shall not be placed within required landscaping.

Tents used as temporary uses require permits from the fire marshal’s office as well as a temporary use permit.