270-10.01 The following requirements and restrictions apply to all temporary outdoor activities and agriculture oriented recreational uses:

A.

All activities governed by this Chapter shall require a temporary use permit which is issued by the Community Development Department. The Community Development Department shall collect a fee for the issuance of such permit.

B.

All activities governed by this Chapter shall require proof of an Occupation Tax Certificate.

C.

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

D.

All activities shall be permitted only on property where such activities shall not disrupt controlled vehicular ingress and egress or occupy required off-street parking spaces.

E.

No display shall be erected or installed, nor shall any activities take place, within 25 feet of a county or state right-of-way.

F.

Display tables may be used.

G.

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

H.

Nonprofit organizations applying for a Temporary Outdoor Activity Permit for a charitable or nonprofit event are exempt from Section 270-20.1 and shall not be required to pay a fee for such permit.

270-20.01 In addition to the provisions of Section 270-10, temporary outdoor activities other than agriculture oriented recreational uses, holiday activities, and mobile food service units shall adhere to the following provisions:

A.

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.

B.

Consumer fireworks retail sales shall be permitted from June 5 through July 5 and from December 1 through January 2 due to the seasonal nature of such sales.

C.

Circuses and carnivals, community fairs and street fairs shall be permitted as temporary outdoor activities uses so long as no structure or equipment is located within 200 feet of any residential property line.

D.

Temporary outdoor activities shall be permitted only within B-1, PSC, B-2, ECR and AB zoning districts.

E.

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

F.

Temporary outdoor activities shall be permitted for a period not to exceed 30 consecutive days unless otherwise noted in this Chapter.

270-30.01 A. In addition to the provisions of Section 270-10, agriculture oriented recreational uses shall adhere to the following uses:

1.

Agriculture oriented recreational uses shall be permitted with the county's General Business (B-1), Planned Shopping Center (PSC), Highway Business (B-2), E-commerce Retail (ECR) and Agricultural Business (AB) zoning districts.

2.

The activity shall be permitted for 90 consecutive days unless otherwise specified due to the seasonal nature of such activities.

3.

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

4.

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

5.

Animal shows, circuses and carnivals, community fairs and street fairs shall be permitted as agriculture oriented recreational uses so long as no structure or equipment is located within 200 feet of any residential property line.

B.

Agriculture oriented recreational uses located in an A-1 zoning district shall meet the following additional criteria:

1.

Agriculture oriented recreational use permits shall not be issued on parcels of land that are less than five acres in size.

2.

Operation must close at 11:00 P.M.

3.

No public address system or loud speakers shall be permitted.

4.

Any structure or associated activity must be a minimum of 50 feet from any adjoining residentially zoned property.

5.

Portable restroom facilities must be provided and must be located a minimum of 100 feet from any adjoining residentially zoned property.

6.

The project access must be from an existing county maintained road.

270-40.01 Permitted Locations.

A.

Private property in the following zoning districts: Neighborhood Business (NB), General Business (B-1), Planned Shopping Center (PSC), Highway Business (B-2), E-commerce Retail (ECR) or Light Industrial (I-1).

B.

The following specific locations:

1.

Property containing three acres or more currently under new building construction with a current County building permit. The project site must be in active status as verified by the County Building Official.

2.

On property owned or leased by the County with the food served during an event that is sanctioned and/or approved by the County.

3.

Amenity Areas in platted subdivisions for temporary events during Spring, Fall and Summer months for no more than three consecutive days per month and for no more than three weekends per month subject to filing a best practices safety plan, clean up plan, and comprehensive general liability insurance of not less than $1,000,000—single occurrence, $3,000,000—aggregate covering the operation of the food truck operation.

4.

Within a Silver Comet Trailhead as approved under the terms of the Silver Comet Trail Overlay District.

270-40.02 Business License Requirement. All mobile food-vending units shall meet the following requirements:

A.

The person or business entity owning or operating a mobile food-vending unit shall not operate those mobile food-vending units within the County at any permitted location unless and until such person or business entity has obtained a business license from their base location. No mobile food-vending unit shall conduct business or operate within 25 feet of the public right-of-way unless otherwise permitted.

B.

Prior to the issuance of a County business license, the person applying for a business license under this article must show compliance with the following requirements:

1.

Each mobile food-vending unit which will be engaged in the selling of cooked or prepared food shall be licensed by the State of Georgia Health Department. A copy of the license of each mobile vending unit to be operated within the County must be submitted with the business license application.

2.

Each mobile vending unit that will be operated in the County shall have a current inspection by the health department which shall be conspicuously posted on the mobile vending unit. A copy of the current inspection of each mobile vending unit to be operated within the County shall be submitted with the business license application.

3.

Mobile Food Vendors located in residential zoning districts within Amenity Areas and/or the Silver Comet Trail Overlay District shall possess and maintain the following:

(a)

Health department certificates for each of the vendors.

(b)

Business license of the home jurisdiction of the mobile food vendors.

(c)

Location map of mobile food vendor location on subject property.

(d)

Letter of approval from property owners, Home Owners Association and all other parties that have authority over subject property location.

C.

That a mobile food vending unit is licensed by the health department does not guarantee that the County will issue it a business license or that the County will approve the mobile vending unit for any permitted locations.

D.

All business license applications submitted under this article must be reviewed and approved by the following departments of the County:

(a)

The Business License Division will verify that all State licensing requirements have been satisfied and that the application is complete.

(b)

The Planning and Zoning Division Manager or his or her designee will review the application to assure the location and district standard requirements are met.

270-40.03 Requirements and Restrictions. Failure of an owner or operator of a mobile vending unit to abide by the following requirements and restrictions shall constitute a violation of this Section:

A.

A mobile food-vending unit shall operate only during the hours of operation. Operation of a mobile vending unit outside of the hours of operation shall be a violation of this Chapter.

B.

A mobile food-vending unit shall not operate at any location that is considered to be a permitted location unless and until that mobile vending unit is approved to operate at that location by the County. To be approved for any permitted location, each mobile vending unit must submit an application on forms provided by the County.

C.

Any mobile food-vending unit which begins operating at a permitted location without securing all permits shall be in violation of this Chapter.

D.

A mobile food-vending unit shall not arrive to operate at a permitted location more than 30 minutes prior to the time it intends to operate or prior to 6:30 am, whichever is later.

E.

A mobile food-vending unit shall not stay at a permitted location more than 30 minutes after it is done operating or later than 12:30 a.m. on any day, whichever is earlier.

F.

Any semi-permanent structure used and/or associated with the mobile food vending operation shall also be removed from the site during hours of non-operation.

G.

A mobile food-vending unit shall use only permitted signage and shall not use any prohibited signage.

H.

Except for in the Silver Comet Trail Overlay area, mobile food vending units shall not utilize any temporary connections to potable water. All water used by a mobile vending unit shall be provided an internal tank within that mobile vending unit. The mobile vending unit shall also not replenish that internal tank at the permitted location.

I.

Except for in a Silver Comet Trail Overlay area, all electricity to the mobile food-vending unit shall be from a generator or a main power supply via a portable cord that is in conformance with the Electrical Code of the County.

J.

A mobile food-vending unit shall not make use of any outdoor cooking facilities. To the extent that cooking is done at a permitted location, it shall be done within the confines of the mobile food-vending unit.

K.

A mobile food vending unit shall not, at any time, utilize outdoor storage or devices to warm or refrigerate food with the exception of storage for disposable tableware.

L.

A drive through shall not be used at any mobile food vending unit.

M.

A person operating a mobile food-vending unit shall not conduct business with or accept orders from any patrons or customers while such patrons or customers are in their motor vehicles.

N.

The area within which a mobile food-vending unit is operating shall, at all times, be kept clean and free from litter, garbage, rubble and debris. To that end, each mobile food-vending unit must provide a trash or garbage receptacle in which patrons or customers may place their litter or garbage. The receptacle shall be within 10 feet of the mobile vending unit. The operator of the mobile food-vending unit must remove this litter or garbage from the permitted location when he or she leaves the permitted location.

O.

A mobile food-vending unit shall not use amplified music of any type. This restriction shall not apply to the operation of a vehicle operated solely as an ice cream truck and which does not sell any other type of food.

P.

A mobile food-vending unit shall not use temporary or portable lighting outside of that necessary to illuminate the inside of the unit and the serving area of the unit.

Q.

All of the following shall be posted on each mobile food-vending unit in a conspicuous place.

(a)

The current Occupational Tax receipt;

(b)

A list of the locations at which the County is the mobile food-vending unit is permitted to operate;

(c)

A copy of the Occupational Tax Permit issued by Paulding County.

R.

A mobile food-vending unit operating at or participating in any event sponsored, authorized, or approved by the County shall pay the registration fees set forth or required by the Code of Ordinances, Paulding County. Such fees shall be paid prior to the event.

S.

A person who operates a mobile food-vending unit shall not go into a park owned or operated by the County or state to sell, offer for sale, or display a food item, unless the person's activity is authorized by a rental agreement or written permission of the Director of the Parks and Recreation Department of the County.

T.

Parking requirements and restrictions:

(a)

Mobile food-vending units shall secure a minimum of two dedicated parking spaces for customers utilizing their services.

(b)

Parking spaces shall be marked as required by zoning regulations.

(c)

Parking spaces shall meet the size requirements established by the County.

(d)

Mobile food vendors shall not sell to customers parked in areas designated as public rights-of-way.

U.

Residential mobile food vendor approvals will be valid for thirty days from issuance. Maximum per location per calendar year is sixty days for each location.

The Community Development Director, or his or her designee, is hereby authorized to inspect the temporary outdoor activity for compliance with the provisions of this Chapter.