(A) Purpose. This section allows for the establishment of temporary uses and/or activities that might not meet the normal development or use standards of the applicable zoning district, but may be considered acceptable because of their temporary nature. These activities are regulated to ensure that basic health, safety, and community welfare standards are met, while also ensuring compatibility is maintained between the proposed activity and surrounding areas.
(B) Temporary use approval. All allowed temporary uses shall obtain a temporary use permit, (unless otherwise stated in division (C) of this section or exempt as identified in division (D) of this section), pursuant to § 152.092, of this chapter and provided that the temporary use complies with the standards and/or conditions specified in division (C) below.
(C) Allowed temporary uses and structures.
(1) All temporary uses and structures, unless otherwise specified, shall comply with the dimensional and development standards of the zoning districts in which they are located. In the case of any conflict, the more restrictive standards, as determined by the Zoning Administrator, shall apply.
(2) A construction trailer/yard may be permitted in any zoning district during the construction of a permanent building when a valid building permit is in effect, provided the following conditions are met:
(a) The uses are only associated with the developer/owner and subdivision or project in which they are located.
(b) Off-street parking shall be provided for the office and construction staff.
(c) Such structures and uses shall be located on the site no more than 30 days prior to the start of construction and removed no more than 30 days after completion of the project or expiration of the approved TUP, whichever occurs first. Unless satisfactory evidence is provided by the property owner/contractor justifying the need for the extension of these time limitations.
(d) The construction trailer/yard complex shall be permitted for no longer than one year from the date of such approval, and may be renewed for like periods thereafter upon submittal of satisfactory evidence from the property owner indicating that the need for the use continues to exist on the property.
(3) A temporary sales office, leasing office or model home may be permitted, provided the following conditions are met:
(a) Such offices shall be located on the property being offered for sale or lease. The temporary structures use shall be limited to the sale or lease of on-site subdivided lots, dwelling units, or other types of on-site real property.
(b) Off-street parking shall be provided for the sales office or model home.
(c) All structures must meet all building code and permit requirements for the appropriate category of construction.
(d) Any temporary use permit (TUP) approved for such office shall be limited to a period of time not to exceed two years from the date of issue and said permit may be renewed for like periods thereafter if the real property being offered for sale or leased on the site has not been sold or leased.
(e) Upon sale of the development, cessation of the need for the use (90% buildout) or termination of TUP, whichever comes first, all modifications to structures and uses shall be removed.
(4) Carnivals, circuses, concerts, revivals, rodeos and similar activities may be permitted, provided the following conditions are met:
(a) A temporary use permit (private property) shall be obtained or a special event permit when the event is on town property.
(b) Staff shall ensure that health and fire safety is considered and shall solicit the comments of the County Health Department and Fire Chief/Marshal as necessary.
(c) Staff shall ensure that land area is adequate for the proposed use's parking; and shall ensure that traffic safety is considered.
(d) Staff shall require measures to adequately protect surrounding property.
(e) Permanent structures shall not be allowed.
(f) A special events permit or a temporary use permit shall pertain to the allowable activity permitted during the time limit of the permit. A change in ownership or sponsor applicant for the same activity during the time limit of the permit shall not constitute grounds for extending the time granted for the activity in the original permit.
(5) Outdoor vendor may be permitted, provided the following conditions are met:
(a) The provisions of this division shall not apply to any event located on town owned property or authorized by any other permit issued by the town, such as a farmer's market, temporary; an authorized festival; very short duration, primarily non-profit uses such as lemonade and Girl Scout cookie stands; a school facility event, or recreational event if the vendor is in partnership with the organization conducting the event and is located on the site of the event.
(b) Outdoor vendors shall only be permitted to operate on town specified property or on private property in commercial and mixed-use zoning districts or the SC zoning district.
(c) Outdoor vending businesses are considered to be temporary in nature and are not to be placed in a permanent way on a property.
(d) Outdoor vending will only be permitted on properties that have been established with principal uses.
(e) All signs shall be affixed to the vending cart, stand or stall. Stand-alone signs on any one side of the cart, stand or stall, shall be approved as part of the TUP process. This type of sign will not require the issuance of a separate sign permit.
(f) Vending carts, stands or stalls shall not block a driveway, sidewalk or other point of emergency vehicular access, including emergency access points.
(g) Vending carts, stands or stalls shall be located outside any public sidewalk or nine feet from any street edge unless otherwise permitted. If located near a street intersection, the vending cart, stand or stall must maintain a visibility triangle per town code.
(h) Vending carts, stands or stalls located in parking areas shall not reduce the number of parking spaces required for the principal use. Additional off-street parking spaces must be provided for all employees of the outdoor vending operation unless employees arrive in the vending cart.
(i) Vending carts, stands or stalls shall provide provisions for proper collection and disposal of all solid waste generated by their operation.
(j) Vending carts, stands or stalls must be constructed of durable and high-quality materials. Vending carts, stands or stalls must be maintained in good condition and repair. Vending carts, stands or stalls that are in disrepair shall be replaced or removed at the request of the Zoning Administrator.
(k) The outdoor vending TUP will be conducted with proper licensing, certification and registration required under the State of Arizona, Mohave County and the town, if required.
(l) Every applicant, before being granted a permit for outdoor vending shall submit the following:
1. Information providing support that the vending operation is in conformance with the regulations outlined in this section.
2. Business registration for vending business and state tax license number.
3. If permit will be on town property, proof of liability insurance for $1,000,000 with the town listed as additionally insured.
(m) Approval, renewal, and revocation.
1. Outdoor vendor temporary use permits shall be subject/stipulated to a specified maximum time period of operation.
2. Any use found to be in violation of the terms, conditions, or restrictions of this chapter, the TUP or any other applicable laws shall be subject to revocation.
(6) Seasonal and holiday sales, such as Christmas tree or pumpkin sales on any open lot or parking lot in commercial or industrial zones are limited to one sale per calendar quarter, lasting no longer than 45 consecutive days of site occupation and operation.
(7) Outdoor arts and crafts shows and exhibits subject to not more than 15 days of operation or exhibition in any 90 day period.
(8) Outdoor parking lot sale events sponsored by businesses shall be located on paved areas on the same lot as the structure containing the business holding the event and are limited to one sale per calendar quarter, lasting no longer than one week in duration. Rummage and other outdoor sales sponsored by local non-profit organizations are limited to one sale in each six month period.
(9) Farmer's market, temporary subject to not more than two days of operation per seven day period.
(10) Stands for the sale of produce products are subject to not more than 36 days a calendar year. Said stands shall not be located within any public right-of-way and shall be kept free of litter and debris. The time provisions of this section do not apply to the sale of produce raised on the premises.
(11) A temporary second dwelling unit on a single legal parcel, for guests, relatives, and/or caretakers in a recreational vehicle, for a period of no more than four weeks per calendar year. A temporary occupancy permit must be issued by the Zoning Administrator. The Zoning Administrator may authorize a longer period of time if an emergency exists, up to a maximum of four additional weeks. There shall be no extensions allowed and no re-application permitted within 12 months of the expiration of such permits. Such temporary second dwelling units shall not be used as rentals.
(12) Other temporary uses or structures may be approved using the process established in § 152.047.
(D) Exempt temporary uses. The following temporary uses and events are exempt from the requirement for a temporary use permit, but may require other town approval to ensure public health, safety, and welfare.
(1) Garage sales, yard sales, and the sale of similar home-type products, shall be limited to a maximum of three weekends every quarter in a calendar year per residential location.
(2) Events which occur in meeting halls, theaters, or other permanent indoor or outdoor public assembly facilities subject to all applicable regulations of this code.
(3) Promotional activities related to the primary product lines of a retail business, and similar activities (e.g. book readings and signings at book stores, opening receptions at art galleries).
(4) Emergency public health and safety activities.
(5) Temporary nonprofit or fundraising car washes are permitted in non-residential districts.
(6) Town sponsored events.
(7) Events held on town owned property shall obtain a special event permit.
(Ord. 2020-02, passed 4-13-2020)