Intent. It is the intent of this section to allow, under limited basis temporary sales, rentals, and services on commercial property.
- The approved itinerant merchant permit and any other required local, state, or federal permitting shall be maintained on site at all times.
- The itinerant merchant permit application shall include:
- Dates of operation.
- Types of goods for sale or lease, and/or any services provided.
- Name of property owner, business owner and itinerant merchant.
- A scaled drawing showing lot lines, existing buildings or structures, proposed vehicles/trailers and any merchandise display areas, location and size of the public rights-of-way, any on-site parking and proposed ground coverage. No part of the operation shall be located in any required setback, site triangle, or required buffer.
- Proof that the property owner or designated agent (lessee) grants permission to locate the itinerant merchant operation on the property.
- Show and/or provide proof of access to restroom facilities within 200 feet of the itinerant merchant location.
- Copy of the itinerant merchant's contract to handle solid waste.
- Copy of vehicle/trailer registration(s).
Expiration. Itinerant merchant operations shall be limited to 180 consecutive days per calendar year. Each calendar year a new permit shall be required to be submitted and approved prior to conducting itinerant merchant operations.
Conditions. Applicants shall provide a business plan that addresses all criteria required by this section. The following standards shall apply:
- No more than one itinerant merchant shall be located on a lot.
- Itinerant merchants shall only be located in the following commercial districts: CBD, HB, NB, T-1, MB-1, AND I-1.
- Separation requirements. Itinerant merchant vehicles/trailers shall be no less than 100 feet from:
- The property line of another lot housing an itinerant merchant.
- The property line of another business providing similar services, or sales (i.e., food sales, retail sales, beach items for rental, surf lessons, etc.).
- The zoning boundary of any residentially zoned property.
- All transactions and operations shall occur at the approved itinerant merchant location only. No monetary transactions shall be allowed on public property outside of the approved primary business or itinerant merchant location.
- Prior to obtaining approval, the itinerant merchant shall maintain a primary business location for at least one year in the town. Commercial operations at the itinerant merchant location shall be limited to the same commercial operations as are offered at the primary business.
Public safety and nuisance prevention.
- Temporary connections to potable water are prohibited. All plumbing and electrical connections shall be in accordance with the State Building Code.
- An itinerant merchant shall not operate as a drive-through.
- If concrete or asphalt is not present the ground coverage and grading plan shall be approved by the public works department.
- No exemptions from solid waste collection/disposal service. No merchant or occupant of premises within the town shall be exempt from the collection and disposal service provided by the town or its franchise.
- Registered vehicle/trailer. Itinerant merchants are required to operate out of a readily movable trailer or motorized wheeled vehicle, currently registered with the N.C. Division of Motor Vehicles, designed and equipped for the sales, rentals or services provided by the itinerant merchant shall be required.
- Attached signs may be allowed that are permanently attached to the sides of the registered vehicle and/or trailer; and
- One temporary sign may be permitted in accordance with the temporary sign standards in the zoning ordinance.
Lot coverage and merchandise display. In no instance shall the lot coverage of all vehicles and trailers utilized be greater than five hundred (500) square feet. Lot coverage shall be defined as the total square footage of the vehicles/trailers. Areas designated for on-site services, merchandise display or seating shall be immediately adjacent to the vehicle or trailer utilized for sales. The display area shall not exceed two hundred fifty (250) square feet. Display area shall be a defined area that is confined by an approved temporary fencing.
Parking. One parking space per two hundred fifty (250) square feet of vehicle/trailer area shall be required on-site for patrons of the merchant. No part of the business shall be located within required parking spaces or drive aisles utilized by other businesses on-site. Parking waiver allowances from the zoning ordinance may be applied.
Fee and taxation.
- Itinerant merchants shall comply with all local, county, and state retail sales tax regulations, including food and beverage tax regulations.
- An annual fee shall be required for the issuance or renewal of an itinerant merchant contract. The fee shall be established in the town's annually adopted fee schedule.
Suspension and revocation of permit.
- Should it be determined that the merchant has willfully violated the terms of this agreement, the town has the right to effect immediate termination of this agreement and to refuse any future itinerant merchant requests.
- The town manager may revoke a contract if he or she determines that the operation is causing parking, traffic congestion, or litter problems either on or off the property where the use is located or that such use is otherwise creating a danger to the public health or safety.
- The town manager reserves the right to temporarily suspend itinerant merchant contracts during times of special events.
ITINERANT MERCHANT APPLICATION