(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 (TUP), (unless otherwise stated in section (C) below or exempt as in section (D) below), pursuant to § 152.092, of this chapter and provided that the temporary use complies with the standards and/or conditions specified below.
(C) Allowed temporary uses and structures. 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 Director, shall apply.
(1) A construction trailer is to be permitted in any zoning district during the construction of a permanent building or structure when a building permit is in effect, provided the following conditions are met:
(a) The uses are associated with the property where the subdivision or project is 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, as approved by the Director.
(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.
(2) 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 and/or model home.
(c) All structures must meet all building code and permit requirements for the appropriate category of construction.
(d) Any (TUP) approved for such office shall be limited to a period 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 lease 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 the TUP, whichever comes first, all modifications to structures and uses shall be removed.
(3) Carnivals, circuses, concerts, revivals, rodeos and similar activities may be permitted, provided the following conditions are met:
(a) A TUP (private property) shall be obtained or special event permit when event is on city 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 control and safety is considered.
(d) Staff shall require measures to adequately protect surrounding properties.
(e) Permanent structures shall not be allowed.
(f) A special events permit or a TUP shall pertain to the allowable activity permitted during the time limit of the permit. A change in ownership or sponsor 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.
(4) 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 city owned property or authorized by any other permit issued by the city, 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 or recreational event if the vendor is in partnership with the organization conducting the event and is located on the event site.
(b) Outdoor vendors shall only be permitted to operate on city 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 are established with principal uses.
(e) All signs shall be affixed to the vending cart, vehicle, stand or stall. Stand-alone signs on any one side of the cart, vehicle, 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, vehicles, stands or stalls shall not block a driveway, sidewalk or other point of emergency vehicular access, including emergency access points.
(g) Vending carts, vehicles, 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, vehicle, stand or stall must maintain a visible and unobscured sight triangle per city code.
(h) Vending carts, vehicles, 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 or vehicle.
(i) Vending carts, vehicles, stands or stalls shall provide provisions for proper collection and disposal of all solid waste generated by their operation.
(j) Vending carts, vehicles, stands or stalls must be constructed of durable and high-quality materials and stay maintained in good condition and repair and any that fall into disrepair shall be replaced or removed at the request of the Director.
(k) The outdoor vending TUP will be conducted with proper licensing, certification and registration required under the State of Arizona, Coconino County and the city, if and when required.
(l) Every applicant, before being granted a permit for outdoor vending shall submit the following:
1. An application form with the required annual fee which is subject to be changed by City Council as needed, and information providing support that the vending operation is in conformance with the regulations outlined in this section.
2. The annual business registration for a vending business from the City Clerk's office, and the owner's state tax license number.
3. If permit will be on city property, proof of liability insurance for $ 1,000,000 with the city listed as additionally insured.
4. Notarized property owner authorization (if applicable) with a written scope of work for project.
5. An aerial map of the site and a site plan showing the location of the proposed use and structures, parking configuration, and any other details showing how the use will conform to the TUP requirements.
(m) Approval, renewal, and revocation.
1. Outdoor vendor TUP shall be subject to a specified maximum time of one year and all TUPs must be renewed annually on or before the initial application date.
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.
(5) 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.
(6) Outdoor arts and crafts show and exhibits subject to not more than 15 days of operation or exhibition in any 90 day period.
(7) 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, and they shall not take up more parking spaces than approved by the Director. Rummage and other outdoor sales sponsored by local non-profit organizations are limited to one sale in each six month period.
(8) Farmer's market subject to not more than two days of operation per any seven day period.
(9) Produce stands for sale of produce are allowed not more than 36 days per calendar year. Said stands shall not be located within any public rights-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.
(10) 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 Director. The Director 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 reapplication permitted within 12 months of the expiration of such permits. Such temporary second dwelling units shall not be used as rentals.
(11) Other temporary uses or structures may be approved using the process established in this section.
(D) Exempt temporary uses. The following temporary uses and events are exempt from the requirement for a TUP but may require other city approvals to ensure public health, safety, and welfare.
(1) Garage sales, yard sales, estate 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 shall be 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) City sponsored events.
(7) Events held on city owned property shall obtain a special event permit.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)