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 Nags Head
 Code of Ordinances
 Chapter 48. ZONING
 Article X. MISCELLANEOUS PROVISIONS

  § 48-372. Outdoor stands.  

Latest version.

  • Outdoor stands as permitted by this chapter shall be subject to the following provisions:

    (1)

    The principal sale of items at an outdoor stand shall be limited to either fresh produce, hot dogs, coffee, ice cream or Italian ice and fudge. The sale of any other items shall be incidental and limited to no more than ten percent of the display area or ten percent of sales.

    (2)

    Only one outdoor stand shall be allowed per site. The stand shall not be required to be a permanent structure and may be located upon a trailer. When located upon a trailer, skirting shall be installed around the perimeter to screen the wheels, axles and towing hitch from view.

    (3)

    The stand area, inclusive of display counters and awnings, shall not exceed 400 square feet for produce stands and shall not exceed 150 square feet for hot dog, coffee, ice cream and Italian ice and fudge stands. Refrigeration units may be utilized within the stand area. The location of the stand on the site shall comply with minimum district yard regulations for principal use structures.

    (4)

    Produce stands shall be temporary and may be operated for a period of time not to exceed 180 days annually. The dates of operation shall be limited to between May 1 and November 1 each year. Hot dog, coffee, ice cream and Italian ice and fudge stands may be operated year round, but shall not be left on the property overnight and must be removed daily.

    (5)

    All stands shall comply with applicable Dare County Health Department regulations and permitting requirements.

    (6)

    When located on a site with 50 or more existing parking spaces, no additional parking spaces will be required. When located on a site with less than 50 parking spaces a minimum of three off-street parking spaces in accordance with parking regulations of this chapter shall be provided.

    (7)

    When the regulations contained in the subsection are in conflict with the general regulations of chapter 12, article III, Peddlers and Itinerant Merchants, the provisions of this chapter (chapter 48, Zoning) shall prevail.

(Ord. No. 09-05-019, § I, 5-6-2009; Ord. No. 10-05-014, Pt. I, 5-19-2010; Ord. No. 10-07-020, Pt. I, 7-7-2010; Ord. No. 13-03-007, Pt. I, 3-6-2013)

Editor's note

Formerly pertained to outdoor fresh produce stands which was repealed by Ord. No. 10-05-014, Pts. I and IV, adopted May 19, 2010.