§ 8-318. Temporary outdoor activities.

Temporary outdoor activities shall be governed by the following regulations:

(a)

[Temporary outdoor activities.] Temporary outdoor activities shall include the sale of retail merchandise associated only with recognized seasonal federal holiday activities, Halloween, the sale of farm produce, and carnivals from a property which is vacant or which contains a separate and distinct primary use from the merchandise being sold.

(1)

Mobile food services and the preparation of raw foodstuff on site shall not be permitted as a temporary outdoor sales activity, with the following exemptions:

a.

Food and concessions associated with carnivals shall be conducted under the liability umbrella of the operator's license;

1.

Sale of preprepared and prepackaged items or other nonhazardous food items and food service typically associated with a seasonal/holiday activity [and] requiring minimal handling and preparation shall be permitted subject to review on a case by case basis, and licensing requirements as set forth in subsections 8-320(a)(3), and 8-320(b)(1) through (5),

2.

Retail sales of beverages, [pre]prepared and prepackaged foods, individually wrapped ice cream and snack-type edibles, or other commissary-wrapped food maintained at proper temperatures is permitted.

3.

Cooking of food from a raw state shall not be allowed. The heating of preassembled, prepackaged and/or precooked food is allowed.

(2)

All proposed food service is subject to review and approval by Gwinnett County Environmental Health Department.

a.

The Food and Drug Administration has published laws and regulations regarding approved food and beverage items which may be sold by pushcart operators and temporary outdoor activity vendors. No items of any kind, other than those food and beverage items allowed in Food and Drug Administration regulations shall be sold or dispensed by pushcart operators and/or temporary outdoor activity vendors.

b.

Each temporary outdoor activity or mobile pushcart vendor shall meet the Food and Drug Administration Food Service Sanitation Standards and state applicable rules and/or regulation for food storage and dispensing.

(3)

Sale of goods and services not customarily associated with seasonal holiday activities, Halloween, farm produce, or carnivals is prohibited.

(4)

No operator, employee, or representative of the operator of a temporary outdoor activity shall solicit directly from the motoring public.

(b)

Permit required.

(1)

A temporary outdoor activity permit shall be required, issued and approved by the Community Development Department. The issuance of such a permit shall require an initial fee of $50.00.

a.

Applicant shall be required to submit, as a condition of the application, a dimensioned site plan or legal survey clearly showing building location, striped parking spaces, distances of building to right-of-way and parcel lines.

b.

Applicant shall be required to submit, as a condition of the application, the following information: parcel acreage; linear dimension of building and/or suite frontage; square footage of building and/or suite, whichever is applicable.

c.

Applicant will be required to submit, as a condition of the application, proof of insurance.

1.

Proof of insurance can be satisfied by documentation of an insurance policy issued by an insurance company licensed to do business in the state protecting the licensee and the city from all claims for damages to property and bodily injury which may arise from operations in connection with the temporary outdoor activity.

2.

Such insurance shall provide that the policy shall not terminate or be cancelled prior to the expiration date without two weeks' advance notice to the city.

(2)

A valid business license shall be required in conjunction with the temporary outdoor activity permit.

(3)

Written notarized permission from the property owner shall be obtained and submitted by the applicant to the City of Norcross Community Development Department prior to issuance of a temporary outdoor activity permit.

(4)

A temporary outdoor activity license shall be issued by the licensing and revenue manager of the City of Norcross General Government Administration Department, and must be displayed in a visible location at all times during the period of the event.

(5)

Temporary signage is not permitted unless a separate temporary sign permit is acquired per section 115-188 of the Norcross Zoning Code.

a.

The 15-day limitation on temporary signage associated shall be waived to allow temporary signage to run concurrently only with the specific temporary outdoor activity, subject to Community Development Director approval.

(6)

Events associated with charitable or nonprofit organizations are subject to the following additional requirements:

a.

Submittal of a notarized affidavit identifying a bona fide nonprofit organization status.

b.

Exempt from the fee requirements as set forth herein.

(c)

[Coordination of certain events.] Special annual events which are conducted on public property and City-sponsored activities are coordinated through the Cultural Arts and Community Center Department.

(d)

[ Where permitted.] Temporary outdoor activities shall be permitted only within the city's C2 and C3 zoning districts.

(e)

Lot and parcel restrictions.

(1)

A minimum lot size of two acres is required for any temporary outdoor activity.

(2)

A temporary outdoor activity may be held on a vacant parcel.

(3)

A temporary outdoor activity may be held on parcels where the temporary outdoor activity is not associated with the principal use of the property.

(4)

On a parcel size of five acres or larger, two temporary outdoor activities may be permitted simultaneously, to be determined by the Community Development Department on a case-by-case basis.

(5)

Temporary outdoor activities other than the exemption of an activity held on a vacant, undeveloped lot shall be conducted on a paved surface only.

(6)

Temporary outdoor activities shall be permitted only on property where such activities shall not disrupt controlled vehicular ingress and egress.

(7)

Temporary outdoor activities shall not occupy required off-street parking spaces in association with a principal building on the subject site. Required parking spaces shall be calculated on principal building square footage.

(8)

All exterior lighting utilized in conjunction with temporary outdoor activities shall not be visible beyond the limits of the immediate site from which it originates.

a.

Spotlights and/or high-temperature process lighting is prohibited.

(f)

Setback and structure requirements.

(1)

All temporary outdoor activities, including installation or erection of associated temporary display and sales structures, must be set back 50 feet from a county or state right-of-way.

(2)

All temporary outdoor activities, including installation or erection of associated temporary display and sales structures, must be set back 30 feet from a local right-of-way.

a.

Temporary structures and coverings, such as umbrellas, shade structures, and open-sided tents are permitted associated with seasonal and holiday activities.

b.

Temporary mobile buildings are permitted only in association with a carnival, and are exempt from the requirements of Zoning Code section 115-14, Modular or mobile buildings.

(3)

Carnivals may be permitted as a temporary outdoor activity so long as no structure or equipment is located within 500 feet from the closest boundary of a residential property.

(4)

Temporary outdoor activities may not be located within or encroach upon any drainage easement, public sidewalk or right-of-way, fire lanes, designated loading areas, driveways, maneuvering aisles, or ADA minimum four-foot sidewalk width within private sidewalks or other areas intended for pedestrian movement.

(g)

Duration of temporary outdoor activities.

(1)

All temporary outdoor activities, with the following exemptions for Christmas tree sales and Halloween/pumpkin patch sales, are permitted for a period of 20 consecutive days from the date of initiation of the temporary outdoor activity.

a.

Christmas tree sales shall be permitted between November 1 and December 31 due to the seasonal nature of such sales.

b.

Pumpkin and Halloween seasonal sales shall be permitted between September 15 and October 31 due to the seasonal nature of such sales.

(2)

A second permit for a temporary outdoor activity on the same property within a calendar year may not be applied for or renewed within six months from the date of a prior approval of a temporary outdoor activity.

(3)

Operations are limited to a maximum 12-hour period per day.

(4)

Operations must cease by 9:00 p.m. on weekday evenings (Sunday through Thursday) and 10:00 p.m. on weekend evenings (Friday and Saturday).

(5)

The premises shall be cleaned and cleared of all litter, trash and debris and restored by the last day specified for such use.

(Ord. No. 21-2009, pt. I, 12-7-2009)