21-3-3.1: PURPOSE:

This section 21-3-3 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. (Ord. 18-880, 7-23-2018)

21-3-3.2: TEMPORARY USE APPROVAL:

All allowed temporary uses shall obtain a temporary use permit (TUP), (unless otherwise stated in section 21-3-3.3 of this section 21-3-3), pursuant to section 21-6-8, "Temporary Use Permit", of this chapter and provided that the temporary use complies with the standards and/or conditions specified in section 21-3-3.3 of this section 21-3-3. (Ord. 18-880, 7-23-2018)

21-3-3.3: ALLOWED TEMPORARY USES:

   A.   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.

   B.   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:

      1.   The uses are only associated with the developer/owner and subdivision or project in which they are located.

      2.   Off-street parking shall be provided for the office and construction staff.

      3.   Such structures and uses shall be located on the site no more than thirty (30) days prior to the start of construction and removed no more than thirty (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.

      4.   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.

   C.   A temporary sales office, leasing office or model home may be permitted, provided the following conditions are met:

      1.   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.

      2.   Off-street parking shall be provided for the sales office or model home.

      3.   All structures must meet all Building Code and permit requirements for the appropriate category of construction.

      4.   Any temporary use permit (TUP) approved for such office shall be limited to a period of time not to exceed two (2) 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.

      5.   Upon sale of the development, cessation of the need for the use (90 percent buildout) or termination of TUP, whichever comes first, all modifications to structures and uses shall be removed.

   D.   Carnivals, circuses, concerts, revivals, rodeos and similar activities may be permitted, provided the following conditions are met:

      1.   A temporary use permit (private property) shall be obtained or a special event permit when the event is on City property.

      2.   Staff shall ensure that health and fire safety is considered and shall solicit the comments of the Pinal County Health Department and Eloy Fire District Chief/Marshal as necessary.

      3.   Staff shall ensure that land area is adequate for the proposed use's parking; and shall ensure that traffic safety is considered.

      4.   Staff shall require measures to adequately protect surrounding property.

      5.   Permanent structures shall not be allowed.

      6.   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.

   E.   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 forty five (45) consecutive days of site occupation and operation.

   F.   Outdoor arts and crafts shows and exhibits subject to not more than fifteen (15) days of operation or exhibition in any ninety (90) day period.

   G.   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 (6) month period.

   H.   Farmer's market subject to not more than two (2) days of operation per seven (7) day period.

   I.   Stands for the sale of produce products are subject to not more than thirty six (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 provisions of this subsection do not apply to the sale of produce raised on the premises.

   J.   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 (4) 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 (4) additional weeks. There shall be no extensions allowed and no re-application permitted within twelve (12) months of the expiration of such permits. Such temporary second dwelling units shall not be used as rentals.

   K.   Other temporary uses or structures may be approved using the process established in section 21-6-8 of this chapter, temporary use permit procedures. (Ord. 18-880, 7-23-2018)

ARTICLE IV. GENERAL DEVELOPMENT REGULATIONS

SECTION:

21-4-1: Off-Street Parking And Loading

21-4-1.1: Purpose

21-4-1.2: Applicability

21-4-1.3: General Parking And Loading Regulations

21-4-1.4: Restriction Of Parking Area Use

21-4-1.5: Number Of Parking Spaces Required

21-4-1.6: Alternative Parking Provisions

21-4-1.7: Parking Space Dimensions

21-4-1.8: Accessible Parking

21-4-1.9: Loading Area Requirements

21-4-1.10: Bicycle Parking

21-4-1.11: Special Parking Requirements For Residential Uses

21-4-1.12: Parking Area Design And Layout Standards

21-4-1.13: Parking Area Landscaping

21-4-1.14: Parking Area Lighting

21-4-2: Landscaping And Walls

21-4-2.1: Purpose

21-4-2.2: Landscaping

21-4-2.3: Residential On-Site Landscape Requirements For Specific Land Uses

21-4-2.4: Non-Residential Landscaping Requirements

21-4-2.5: Streetscape Landscaping Requirements

21-4-2.6: Parking Area Landscape Requirements

21-4-2.7: Property Owner Maintenance

21-4-2.8: Landscape Plan Application And Approval Process

21-4-2.9: Landscape Plan Submittal Requirements

21-4-2.10: Fences, Hedges and Walls

21-4-2.11: Obstructing Visibility At Intersections

21-4-2.12: Parking Lot Screens

21-4-2.13: Refuse Area Screens

21-4-2.14: Loading Area Screens

21-4-2.15: Mechanical Equipment Screens

21-4-2.16: Allowed Building Height Appurtenances, Projections, And Structures

21-4-3: Signage

21-4-3.1: Purpose

21-4-3.2: Applicability

21-4-3.3: Exemptions

21-4-3.4: Prohibitions

21-4-3.5: Conflicting Regulations

21-4-3.6: General Provisions

21-4-3.7: Total Aggregate Sign Area Standards

21-4-3.8: Standards By Sign Type

21-4-3.9: Additional Standards By Permanent Sign Type

21-4-3.10: Additional Standards By Temporary Sign Type

21-4-3.11: Permits Required And Process

21-4-4: Wireless Facilities/Applicability

21-4-4.1: Purpose

21-4-4.2: Applicability

21-4-4.3: Use And Development Regulations

21-4-4.4: Design Standards

21-4-4.5: General Development Requirements

21-4-4.6: Application Submittal Requirements

21-4-5: Outdoor Lighting

21-4-5.1: Purpose And Intent

21-4-5.2: Conformance With Applicable Codes

21-4-5.3: Applicability

21-4-5.4: Exemptions

21-4-5.5: General Requirements

21-4-5.6: Design Standards

21-4-5.7: Non-Conforming Lighting

21-4-5.8: Procedures For Compliance

21-4-1: OFF-STREET PARKING AND LOADING:

21-4-1.1: PURPOSE:

The purpose of this section 21-4-1 is to establish minimum standards for the provisions of adequate off-street parking and loading and maneuvering spaces for the uses permitted by this chapter. The regulations for off street parking and loading have the following specific objectives:

   A.   To provide off-street parking that is safe, efficient, convenient and visually attractive.

   B.   To foster adequate ingress and egress by motor vehicles, recreational vehicles, boats and busses.

   C.   To apply these regulations to new construction and expansion of, or changes to, existing uses permitted by this chapter. (Ord. 18-880, 7-23-2018)

21-4-1.2: APPLICABILITY:

Every use and structure, including a change or expansion of a use or structure shall provide accessory parking and loading areas as set forth below. Except when specifically exempted, the requirements of this section 21-4-1 shall also apply to all parking lots that are the principal use on a site.

   A.   New Buildings And Land Uses: Off-street parking and loading shall be provided as required by this section 21-4-1 at the time any new building or structure is erected or any new land use is established.

   B.   Expansion Of Existing Nonresidential Buildings: When the floor area of an existing structure is increased, additional off-street parking and loading shall be provided as required by this section 21-4-1 for the additional floor area only, provided that the existing parking was legally established and has not been reduced. If the number of existing parking and loading spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking and loading requirements for the addition or enlargement of floor area.

   C.   Addition Of Use To Existing Nonresidential Buildings: When a new use locates on a parcel with an existing use, all off-street parking shall be provided to meet the total number of spaces required for the existing use and the new use, unless the uses meet the requirements of subsection 21-4-1.6D, "Shared Parking", of this section 21-4-1 or alternative guidelines that are expressly allowed by other provisions of this chapter.

   D.   Change In Use Of Existing Nonresidential Buildings: When a change in use requires added off-street parking than the previous use, additional parking and loading spaces shall be provided equivalent to the difference between the number of spaces required by this section for the immediately previous use and the total number of spaces required by the new use. A change in occupancy is not considered a change in use unless the new occupant is in a different use classification than the former occupant.

   E.   Alterations That Increase The Number Of Dwelling Units: The creation of additional dwelling units, through the alteration of an existing building or construction of an additional structure or structures, requires added off-street parking, as required by this section, to serve the new dwelling units. This requirement does not apply when sufficient off-street parking exists to provide the number of spaces required for the existing and new dwelling units.

   F.   When Required: Off-street parking and loading facilities required by this section shall be constructed or installed prior to the issuance of a certificate of occupancy for the uses that they serve. (Ord. 18-880, 7-23-2018)