A.

The following requirements and restrictions apply to all temporary outdoor activities:

1.

All activities governed by this chapter shall require a temporary outdoor activity permit which is issued by the Department of Planning and Development. The Department of Planning and Development shall collect a fee for the issuance of such permits per the adopted fee schedule.

2.

All activities governed by this chapter shall require an Occupation Tax Certificate, which is issued by the Department of Planning and Development, as required by the Gwinnett County Code.

3.

Written permission from the property owner, if not the applicant, shall be obtained and submitted by the applicant to the Department of Planning and Development prior to the issuance of a temporary outdoor activity permit.

4.

All activities shall be permitted only on property where such activities shall not disrupt controlled vehicular ingress and egress, pedestrian movement, and parking.

5.

No display shall be erected or installed, nor shall any activities take place, within 20 feet of a county or state right-of-way.

6.

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

7.

All temporary signage shall meet the requirements of the Gwinnett County Sign Ordinance.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 28), 9-26-2023)

A.

In addition to the provisions of Section 265-10, temporary outdoor sales activities shall adhere to the following provisions:

1.

Peddling goods and merchandise not customarily sold on a day-to-day basis in the business which constitutes the principal use of the premises is prohibited.

2.

Temporary outdoor sales activities shall only be permitted within non-residential zoning districts and mixed-use zoning districts with non-residential uses.

3.

A temporary outdoor activity permit for temporary outdoor sales shall not be issued on parcels of land that are less than two acres in size.

4.

Multiple temporary outdoor activity permits for temporary outdoor sales shall not be simultaneously issued for a single parcel of land.

5.

Temporary outdoor sales activities shall be conducted on a paved surface and not on grassed or landscaped areas.

6.

Temporary outdoor sales activities shall be prohibited on vacant parcels.

7.

No more than four temporary outdoor activity permits for temporary outdoor sales shall be permitted per calendar year per parcel of land.

8.

Each temporary outdoor sales activity shall be limited to a maximum of 5 consecutive days, except holiday activities as indicated in this Chapter.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 28), 9-26-2023)

A.

In addition to the provisions of Section 265-10, temporary outdoor events shall adhere to the following provisions:

1.

No more than two temporary outdoor activity permits for outdoor events shall be permitted per calendar year per parcel of land.

2.

Each temporary outdoor event shall be limited to a period not to exceed 14 consecutive days.

3.

A temporary outdoor activity permit for temporary outdoor events shall not be issued on parcels of land that are less than two acres in size.

4.

No temporary sanitary facility or trash receptacle shall be located within 100 feet of a property zoned for residential use (not including mixed-use developments).

5.

Temporary outdoor events shall be limited to parcels with vehicular access from a street classified as an arterial or collector street.

6.

All event parking must be accommodated on-site on a paved surface or through a shuttle service to an off-site parking area.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 28), 9-26-2023)

A.

In addition to the provisions of Section 265-10, holiday activities, shall adhere to the following provisions:

1.

A temporary outdoor activity permit for holiday activities shall not be issued on parcels of land that are less than two acres in size.

2.

Multiple temporary outdoor activity permits shall not be simultaneously issued on a parcel of land containing less than five acres.

3.

The activity shall be permitted for 30 consecutive days due to the seasonal nature of such activities.

4.

Pumpkin sales shall be permitted from September 15 through October 31 due to the seasonal nature of such sales.

5.

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

6.

Holiday carnivals shall be permitted as temporary holiday activities so long as no structure or equipment is located within 100 feet of any single-family residential property line.

7.

No more than four temporary outdoor activity permits for holiday activities shall be permitted per calendar year per parcel of land.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 28), 9-26-2023)

265-50.1Exemptions from Temporary Outdoor Activity Permit Requirements.

A.

Mobile food service units may operate with the written approval of the property owner in the following zoning districts and locations without issuance of a temporary outdoor activity permit:

1.

Gwinnett Entertainment District: the buildings and property currently known as the Infinite Energy Center, including any future development as envisioned on the Infinite Energy Center Master Plan 2015.

2.

Any commercial development having at least 750,000 square feet of commercial space.

3.

Property zoned MU-R Regional Mixed Use District.

B.

Mobile food service units shall be permitted in association with a Temporary Outdoor Event or Holiday Activity without a separate permit, regardless of location.

265-50.2Standalone Temporary Activity Permit Requirements.

A.

In addition to the provisions of Section 265-10, mobile food service units shall adhere to the following provisions:

1.

Shall be limited to properties zoned for office, commercial, and mixed-use development and shall only be located on a lot containing a principal building.

2.

Shall be located at least 100 feet from the main entrance of any eating or drinking establishment.

3.

No mobile food service unit shall conduct business or operate within 50 feet of the public right-of-way unless otherwise invited or permitted.

4.

A mobile food service unit shall maintain documentation of permission from the property owner to operate on the premises while in operation.

5.

A mobile food service unit shall not create sounds, play music, or make announcements to call attention to the mobile food service either while traveling on the public rights-of-way or when the unit is stationary. At all times the mobile food service units shall comply with the County's noise control requirements set forth in Article III of Chapter 38 of this Code.

6.

Mobile food service units shall not disrupt controlled vehicular ingress and egress or occupy required off-street parking spaces.

7.

Mobile food service units shall comply with all state, federal and local health and safety regulations and requirements, shall comply with all provisions of this Code of Ordinances, and shall obtain and maintain any and all licenses required by any other health, or governmental organization or entity having jurisdiction over this subject matter.

8.

No more than four temporary outdoor activity permits for mobile food units shall be permitted per calendar year per parcel of land. This limitation shall not apply to office developments without restaurants on-site.

9.

Each temporary outdoor sales activity permit for a mobile food unit shall be limited to a maximum of 3 consecutive days.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 28), 9-26-2023)

The Director of the Department of Planning and Development, or designee, is hereby authorized to inspect the temporary outdoor activity for compliance with the provisions of this article.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 28), 9-26-2023)