(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) or exempt as identified in division (D)), pursuant to § 154.159 Temporary Use Permit, 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 shall be obtained or a special event permit as determined by the Zoning Administrator.
(b) Staff shall ensure that health and fire safety is considered and shall solicit the comments of the County Health Department and Fire Chief/Marshall 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) Temporary use permit or a special event 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) Mobile food vendors, subject to the following conditions:
(a) A mobile food vendor shall not be required to obtain a temporary use permit, however, shall be required to obtain a license to operate a mobile food vending unit from the Development Services Department as well as maintain all other required licenses in compliance with the provisions of A.R.S. § 36-1761 and Maricopa County Environmental Health Code Chapter 8, Section 3.
(b) Notwithstanding division (C)(5)(a) above, a mobile food vendor shall register in advance with the proper city authority for any event that is directly sponsored or hosted by the city.
(c) Vending operations shall only be limited to sale of food items for immediate consumption.
(d) Vending operations shall only be conducted from a mobile food vending unit that is in good working order, both aesthetically and operationally, and has been inspected and approved by the county health department.
(e) Vending operations are subject to all city noise regulations.
(f) Vending operations shall be taken down when not in use.
(g) All licenses/permits shall be displayed in a visible and conspicuous location at all times during the operation of vending.
(h) Mobile food vending units shall not be left unattended.
(i) Mobile food vending units shall not be parked on property owned by the city, excluding rights-of-ways, but including parks and parking lots or other areas designated by the Planning Director or Zoning Administrator, except if in accordance with a city approved and permitted event.
(j) If a mobile food vending unit operates within public rights-of-ways the mobile food vendor must obtain insurance naming the city as an additional insured in amounts required by the city and in compliance with A.R.S. Title 9, Chapter 4, Article 7.2. The policy must designate, by manufacturer’s serial or identification number, all mobile food units for which coverage is granted.
(k) Mobile food vending units shall not be parked or placed in any area that might impede or inconvenience the public.
(l) Mobile food vending units shall not be parked within a roadway sight visibility triangle.
(m) One A-frame or sandwich sign shall be allowed per mobile food vending unit.
(n) A mobile food vending unit operating within the public right-of-way is further subject to the following:
1. A mobile food vending unit shall only operate in a legal parking space within the public right-of-way.
2. A mobile food vending unit, including any semi-permanent structure used or associated with the mobile food vending unit, may use no more than one legal parking space.
3. A mobile food vending unit must abide by all parking regulations, including posted time limits. If there are no time restrictions on the use of a marked legal parking space, a mobile food vending unit must not occupy a legal parking space for more than six hours in a 24-hour period. OCCUPY within this division means within 1,000 feet of the place in which the mobile food vending unit was initially parked.
4. A mobile food vending unit is restricted from operating within any portion of a zoning district that is principally dedicated to residential uses, except operators of ice cream trucks or human powered food vending vehicles that sell ice cream products or similar frozen food novelties may operate on public rights-of-way within zoning district areas that are principally dedicated to residential uses.
(o) A mobile food vending unit operating on private property is further subject to the following:
1. A mobile food vending unit may only operate on private property with the written permission of the property owner and shall provide proof of such written permission on demand by city officials or law enforcement officers.
2. A mobile food vending unit must not occupy a legal parking space at a site with insufficient parking capacity as prescribed by applicable law and in compliance with A.R.S. Title 9, Chapter 4, Article 7.2 and includes that a mobile food vending unit must not occupy a legal parking space at a site when the occupation reduces the number of available parking spaces required for the principal use or uses of the site.
3. A mobile food vending unit shall not operate at the same site or center for more than six consecutive hours within a 24-hour period for a maximum of four consecutive days. This period includes time needed for setup, operation and takedown. ONE LOCATION within this division means a location within a parcel of land and includes movements from different parked positions within the same parcel.
4. No more than one mobile food vending unit shall operate at the same time at the same site or center, unless a special event permit has been obtained.
(6) Mobile outdoor vendors subject to the following conditions:
(a) A mobile outdoor vendor shall not be required to obtain a temporary use permit, however, shall be required to obtain a license to operate a mobile outdoor vending unit and maintain an active business license from the city.
(b) The provisions of this division shall not apply to any event located on city owned property or authorized by any other permit issued by the city, such as a farmer’s market; an authorized festival; or recreational event if the mobile vendor is in partnership with the organization conducting the event and is located on the site of the event.
(c) A mobile outdoor vendor shall only be permitted to operate on city owned property or on private property with the written permission of the owner and shall provide proof of such written permission on demand by city officials or law enforcement officers.
(d) A mobile outdoor vendor is only permitted on properties that have been established with principal uses. Mobile outdoor vendors shall be prohibited from operating on vacant or unoccupied parcels.
(e) Mobile outdoor vendors shall be restricted from operating within the public right-of-way or any portion of a zoning district that is principally dedicated to residential uses.
(f) A mobile outdoor vendor shall not operate at the same site or center for more than six consecutive hours within a 24-hour period for a maximum of four consecutive days. This period includes time needed for setup, operation and takedown. ONE LOCATION within this division means a location within a parcel of land and includes movements from different parked positions within the same parcel.
(g) No more than one mobile outdoor vendor shall operate at the same time at the same site or center, unless a special event permit has been obtained.
(h) All licenses/permits shall display in a visible and conspicuous location at all times during the operation of vending.
(i) One A-frame or sandwich sign shall be allowed per vending operation.
(j) Vending operations are subject to all city noise regulations.
(k) Vending operations shall be taken down when not in use.
(l) Vending operations shall provide the city a certificate of insurance evidencing general and product liability coverage and naming the city as an additional insured.
(m) Mobile outdoor vendors shall not:
1. Be left unattended.
2. Be parked or placed in any area that might impede or inconvenience the public.
3. Be parked within the sight visibility triangle.
(7) 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.
(8) Outdoor arts and crafts shows and exhibits subject to not more than 15 days of operation or exhibition in any 90-day period.
(9) Outdoor promotional event or 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 event/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.
(10) Farmers market, temporary subject to not more than one day of operation per seven-day period.
(11) Flea market, temporary shall be limited to a maximum of three days every quarter in a calendar year per permitted location.
(12) 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 subsection do not apply to the sale of produce raised on the premises.
(13) Other temporary uses or structures may be approved using the process established in § 154.159 Temporary Use Permit Procedures.
(D) Exempt temporary uses. The following temporary uses and events are exempt from the requirement for a temporary use permit, but may require other city 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 3 days every quarter in a calendar year per residential location.
(2) Indoor 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).
(3) Emergency public health and safety activities.
(4) Temporary nonprofit or fundraising car washes are permitted in non-residential districts.
(5) City sponsored events.
(6) Events held on city owned property shall obtain a special event permit.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022; Res. R23-10-28, passed 10-17-2023; Ord. O23-10-13, passed 10-17-2023)