(A) Permits required. Temporary uses and structures are intended to be of limited duration and will not permanently alter the character or physical facilities of the site where they occur. Certain types of temporary uses may be allowed by issuance of an administrative use permit, while others are subject to issuance of a conditional use permit.
(B) No temporary uses may be established prior to city issuance of the appropriate permit in accordance with the following:
(1) Conditional use permit. Temporary business uses and/or structures not identified in Vol. II, § 1-6-3, Table 6-1 shall require CUP approval by Planning and Zoning Commission.
(2) Administrative use permit. Temporary uses and/or structures identified in Vol. II, § 1-6-23, Table 6-3 may be approved by the Director through issuance of an AUP. An application for an AUP shall be filed with the Development Services Department in accordance with the "City of Apache Junction Temporary Use Application Checklist" available at the Development Services Department. Temporary uses and structures approved by an AUP shall be valid for up to 1 year, and shall be subject to the location and time limit standards provided in Vol. II, § 1-6-23, Table 6-3, and, if applicable, the following additional standards:
(a) If required by the Zoning Administrator, the applicant shall submit a scaled site plan illustrating the proposed temporary use parking and structures.
(b) Temporary business use signage shall not exceed 50 square feet (combined total) in size and 10 feet in height. No signs shall be allowed in the public right-of-way, nor may any signs be affixed to any publicly owned property, utility or structure. All signs for temporary uses shall be attached to the temporary use structure, vehicle or existing business sign on the private property. Portable signs prohibited in the city's sign regulations shall also be prohibited for temporary uses.
(c) Only 1 temporary use permit shall be permitted for a single parcel of land at any given time.
(d) Temporary structures and/or display of merchandise shall comply with the setback requirements of the zoning district within which it is located. The temporary use structure and display shall also comply with the sight distance requirements in Vol. II, § 1-6-13. In no case shall structures, signs, parking or displays encroach within the public right-of-way.
(e) No risk of injury to persons or damage to public or private property shall occur, as defined by the Zoning Administrator.
(f) No unreasonable noise impact, public or private disturbances or nuisances shall occur or be permitted to continue, as determined by the Zoning Administrator.
(g) No unsafe impediments, distractions, or congestion to vehicular or pedestrian movement shall be allowed, as determined by the Zoning Administrator.
(h) Proper security and trash removal shall be provided by the operator.
(i) No permanent alterations to the affected site shall be allowed.
(j) No encroachment of a temporary use into established landscaped areas of a developed site or public right-of-way shall be allowed.
(k) Sufficient space for the temporary use and associated off-street parking and circulation is required.
(l) Unless otherwise specified by the Zoning Administrator, hours of operation shall be limited from 8:00 a.m. to 11:00 p.m., daily, for temporary business uses.
(m) Approval of all applicable permits and licenses prior to operation shall be required.
(n) The site shall be returned to its original condition within 48 hours of its discontinuance.
(o) A performance bond or other financial assurance for public infrastructure damage and repair resulting from the temporary use may be required by city in accordance with Vol. II, Chapter 10 of the Apache Junction Land Development Code.
(p) Location of parking and temporary equipment/structures, and the aesthetic appearance of temporary signs and structures, shall be approved by the Zoning Administrator prior to the temporary use being located on the property.
(q) Temporary sanitary facilities for temporary uses (i.e., porta-johns) may be allowed subject to proper permitting.
(r) The Zoning Administrator may work with the Police Department, Building Official, Public Works Department, City Clerk's Office and Fire District regarding conditions, if any, to issuing a permit.
TEMPORARY USE OR STRUCTURE | MAXIMUM TIME FRAME | LOCATION PERMITTED
|
Temporary Office Facilities supporting existing or developing business use | 1 year (renewable for additional year upon a finding of need) | Developed or developing non- residential zoned site |
Construction trailers, modular units and parking to support construction and land development projects | 1 year (renewable for additional year upon a finding of need) | Developed or developing non- residential zoned site |
Special Events
2
(Applies to multiple vendor events conducted, organized and sponsored by non-profit organizations and approved by the City Council) | 4 consecutive days per specific event per calendar year | Developed or vacant non- residential zoned site |
Community Events
3
(Applies to multiple vendor events conducted, organized and sponsored by non-profit organizations) | 4 consecutive days per specific event per calendar year | Developed or vacant non- residential zoned site |
Private Events
4
(Applies to multiple vendor events conducted, organized and sponsored by for-profit organizations or businesses) | 4 consecutive days per specific event per calendar year | Developed or vacant non- residential zoned site |
Temporary Residence for Security Guard
5 | 12 months | Non-residential construction site
|
Seasonal Holiday Sales Limited to: - Christmas/New Year's (i.e., trees, wreathes and fireworks) - Halloween (i.e., pumpkins and gourds) - 4th of July (i.e., fireworks) | 30 days per holiday per location | Developed or vacant non- residential zoned site |
Farmers Market, Fruit and Produce Stands (Excludes flea markets and swap meets) | 3 days per week per location | Developed or vacant non- residential zoned site |
Carnivals, Circuses and Fairs (See Vol. I, Chapter 8 of the Apache Junction City Code) | 7 consecutive days per specific event per calendar year | Developed or vacant non- residential zoned site |
Flea Markets and Swap Meets (See Vol. I, Chapter 8 of the Apache Junction City Code) | 3 days per week per location | Developed non-residential zoned site |
Vendors Using Carts, Booths or Kiosks (excludes food and beverage sales) | 3 days per week per location | Developed non-residential zoned site |
Food/Beverage Cart or Concession Trailer (See Vol. I, Chapter 8 of the Apache Junction City Code) | 7 consecutive days per location | Developed non-residential zoned site |
Car Tent Sales (i.e., Applies only to city approved new and/or used car sites) | 7 consecutive days, 4 occurrences per year | Developed non-residential zoned site |
Classic Car Shows | 3 days per week per location | Developed non-residential zoned site |
Grand Openings (See Vol. I, Chapter 8 of the Apache Junction City Code) | 14 consecutive days | Developed non-residential zoned site |
Art Display and/or Sales | 7 days per week | Developed or vacant non- residential zoned site |
Temporary Residence During Home Construction
6 | 8 months | All single-family zoning districts |
Notes:
1. Approval of temporary uses not listed in Vol. II, Table 6-3 above are subject to CUP approval.
2. Special events. Special events that are conducted, organized and sponsored solely by non-profit organizations with multiple vendors shall be approved by the City Council during the annual budget process, and shall not exceed 4 consecutive days in any calendar year. The community event shall have the purpose of promoting or benefitting the city and its residents and/or the sponsoring non-profit organizations. City Council approved special events conducted, organized and sponsored by non-profit organizations do not require Development Services Department approval. Special events may be allowed in accordance with Vol. II, § 1-6-3, Table 6-2 and Apache Junction City Code, Vol. I, Chapter 8
.
3. Community events. Community events that are conducted, organized and sponsored solely by non-profit organizations with multiple vendors shall be administratively approved by the City Manager or designee and shall not exceed 4 consecutive days in any calendar year. The community event shall have the purpose of promoting or benefitting the city and its residents and/or the sponsoring non-profit organizations. Community events are subject to the standards identified in Apache Junction City Code, Vol. I, Chapter 8
.
4. Private events. Private events that are conducted and sponsored by for-profit organizations, agencies or businesses with multiple vendors shall be administratively approved by the City Manager or designee and shall not exceed 4 consecutive days in any calendar year. Private events may be allowed in accordance with Vol. II, § 1-6-3, Table 6-2 and Apache Junction City Code, Vol. I, Chapter 8
.
5. Residence for security guard. During the active construction period (after a building or grading permit has been issued) of a construction project involving a non-residential property, 1 manufactured home, park model or trailer may be allowed on the same property to be used as a temporary residence for a night watchman for a period not to exceed 12 months or the active construction period, whichever is less. The temporary structure shall be removed from the site within 14 days of issuance of the final certificate of occupancy.
6. Residence during home construction. During the active construction period (after a building or grading permit has been issued) of a residence within all single-family zoning districts, 1 travel trailer, motor home or fifth wheel may be parked and used as a temporary living quarters for up to 8 months while a home is being constructed on a single-family residentially zoned property subject to compliance with the accessory building's setback requirements. The temporary quarters may be temporarily connected to utilities subject to proper permitting.
TEMPORARY USE OR STRUCTURE | MAXIMUM TIME FRAME PERMITTED | LOCATION
|
Non-Profit Organization Fundraising | No limit. | Non-Residential Zoned Property |
(Ord. 1402, passed 5-6-2014)