Page City Zoning Code
SUPPLEMENTARY USE
STANDARDS
§ 152.045 SPECIFIC LAND USE DEVELOPMENT AND PERFORMANCE STANDARDS.
A vibrant, dynamic community needs a variety of land use activities to satisfy the needs of its inhabitants. Because of their particular dynamics, a number of uses require special standards to mitigate their potential adverse impacts on adjacent properties. It is the intent of this section to identify those land uses and to provide specific criterion and conditions to ensure that, if permitted, they will contribute to the health, safety, and general welfare of the city. The requirements specified herein are in addition to those specified in the corresponding zoning district. In the event of conflict between these standards and the underlying zoning district standards, the provisions of this section shall apply.
Any lawful use in existence prior to the effective date of this chapter that could not be permitted or rebuilt thereafter because of zoning district requirements shall be considered a legal nonconforming use and, accordingly, shall not be subject to this section, unless the facility is proposed to be expanded beyond the building or facility use footprint, whichever is greater, in which case it shall be required to be brought into compliance with all current, applicable zoning ordinance provisions.
(B) Adult entertainment business. In addition to the requirements of § 152.091, no conditional use permit shall be issued for an adult entertainment business, which is allowed in the IP zone, unless it meets the following additional conditions:
(1) The adult entertainment business is located no closer than 1,200 feet from: the exterior boundaries of a Residential Zoning District or use; the exterior property lines of any public or private school having a pre-school or kindergarten through grade 12; the exterior boundaries of any park or playground; any church or non-commercial establishment owned or operated by a bona fide religious organization; and no closer than 2,000 feet from any other adult entertainment business.
(2) The adult entertainment business displays no sign visible from the exterior of the business except for a sign identifying the business as an adult entertainment business.
(3) The adult entertainment business excludes persons less than 18 years of age or 21 years of age if alcohol is served.
(4) No materials depicting specific sexual activities or specific anatomical areas shall be visible from the exterior of the adult entertainment business.
(5) All distances specified in this section shall be measured in a straight line, without regard to intervening structures or objects, from the property line of any adult entertainment business to the nearest property line of any other adult entertainment business, school, church, public facility, residential district or other land use specified in this section.
(C) Animal kennel/shelter, hospital/veterinarian clinic, training school.
(1) No animals under care may be boarded outside, except for facilities located in the IP district. Those areas in which animals are boarded shall be fully enclosed structures and shall be sufficiently insulated so no unreasonable noise or odor can be detected off the premises.
(2) All boarded animals shall be kept within a totally enclosed part of a structure between the hours of 9:00 p.m. and 6:00 a.m., unless further limited by the approval process, except with direct supervision associated with non-exercise or training related activities. All outside exercise or training of animals shall be prohibited during these hours. This provision shall not apply in the IP district.
(3) Outdoor dog runs, exercise, or training activity areas shall not be located within 200 feet from a residentially zoned property or use.
(4) Outdoor runs and exercise areas shall be enclosed by a minimum six-foot fence.
(5) Suitable control and maintenance shall be exercised over the use, structure and animals so that a nuisance condition is not created in terms of excessive noise, dirt, or odor.
(6) In association with a required conditional use permit, the city may establish other conditions and requirements necessary to prevent possible nuisances (i.e., location and/or size of activity areas, fencing height and/or material, screening, soundproofing, sanitary requirements, or limits on the number of animals serviced or boarded).
(7) Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use permit has been secured.
(D) Assisted living center and nursing home.
(1) All facilities shall comply with all applicable federal, state and local requirements for the location and operation of such facilities and the provision of safe outdoor recreation areas and gross floor areas for every person that the facility is licensed to accommodate.
(2) The facility shall have direct access from an arterial or collector street.
(3) Facilities within any residential district shall not be located within 1,200 feet (as measured from the property lines) of a childcare facility, a nursing home, a resident care home or a group care home facility that are also located within any residential district.
(4) Notwithstanding the foregoing, if the state has adopted laws or rules for the regulation of an assisted living center, then any such state law or rule shall apply in addition to the conditions listed herein and shall preempt any conflicting condition listed herein.
(E) Automobile/boat repair, major.
(1) All major repair facilities shall be subject to the site plan review and/or CUP process. In addition to standard site plan information, the applicant shall provide a plan which shows an ability to control onsite and prevent off-site nuisance conditions such as noise, dust, odors, vectors and wind-blown debris.
(2) Accessory uses may include assembly and repair buildings, machine shops, paint facilities, fueling and supply facilities, parking areas, automobile/boat lifts and incidental retail sales associated with the principal uses.
(3) A use may combine major repair with automobile/boat sales, outside storage or service stations only if these uses are permitted or conditionally permitted and approved in that district. If combined with said uses, major repair facilities shall additionally comply with the provisions of divisions (G), (T), and/or (Z) of this section.
(4) Major repair facilities shall be located with direct access to paved roadways that are suitable in size to allow for the efficient delivery of automobile and boats for repair. This provision shall not apply in the IP district.
(5) Outdoor repair areas shall be paved with concrete, asphalt, pavers, or gravel. This provision shall not apply in the IP district.
(6) Major repair facilities must be fully screened from view by a 100% opaque fence or engineered concrete/masonry block wall that is no less than six feet, but no more than eight feet in height.
(7) As part of the conditional use permit process within the BP District, a landscaped screen of plantings may be required in combination with a required fence or wall to further buffer and/or shield repair activities from public view or adjacent residential districts. See § 152.057(C) for additional screening regulations. This provision shall not apply in the IP district.
(8) No temporary or long-term repair parking, outdoor repair activities, or outdoor supply/material storage that exceed the height of the screen wall may occur within the required setback areas of the zoning district in which the major repair facility is located. This provision shall not apply in the IP district.
(9) Outdoor repair related activities shall be limited to 6:00 a.m. to 9:00 p.m. within the SC district, unless modified through the CUP process.
(10) No pending, under repair, or repaired automobile/boat shall be utilized for overnight sleeping or as living accommodations.
(11) All exterior lighting shall comply with the lighting standards provided within § 152.059.
(F) Automobile/boat repair, minor.
(1) A use may combine a minor repair facility with a service station only if the uses are permitted or conditionally permitted and approved in that district. If combined with said uses, minor repair facilities shall additionally comply with the provisions of division (Z) of this section.
(2) Service bay doors for minor repair facilities may not face Highway 89, Lake Powell Boulevard, or residential neighborhoods.
(3) Service and repair of boats onsite that exceed nine feet in width by 30 feet in length is prohibited.
(G) Automobile/boat, sales and leasing; automobile/boat, rentals.
(1) A use may combine automobile/boat sales and leasing with automobile/boat repair major, automobile/boat minor or outside storage only if these uses are permitted or conditionally permitted and approved in that district. If combined with said uses, sales and leasing facilities shall additionally comply with the provisions of divisions (E), (F), and (T) of this section.
(2) The sale and/or leasing of automobiles or boats physically onsite that exceed nine feet in width by 30 feet in length is prohibited within the C-2 District.
(3) The maneuvering, placement, display or storage of automobiles or boats for sale or lease within the public right-of-way, required setback or landscaped areas is prohibited.
(4) Sale and/or leasing areas shall be paved in compliance with city engineering standards. This provision shall not apply in the IP district.
(5) Facilities that sell and/or lease, physically onsite, vehicles or boats that exceed nine feet in width by 30 feet in length shall be required to adhere to the provisions of division (T), except any part of the use fronting on a public street shall not be required to meet the screening requirements of said section.
(6) No pending, under repair, or repaired automobile/boat shall be utilized for overnight sleeping or as living accommodations.
(H) [Reserved].
(I) Campground/RV Park. These regulations apply to campgrounds and RV Parks where campsites are rented for the placement and occupancy of tents, recreational vehicles, or camping cabins on a temporary or seasonal basis, and permanent sites containing manufactured, modular or conventional homes permanently attached to a concrete slab and utilities for long-term rentals and for that of the owner, manager, or permanent maintenance personnel. The installation or development of any campground shall comply with the following minimum criteria:
(1) All campground/RV parks shall be designed in accordance with the provisions of this chapter and administered through the conditional use permit, Planned Area Development (PAD) District zoning, and/or site plan review process.
(2) In conditionally allowed districts and PAD Districts, campgrounds/RV parks with frontage on U.S. Highway 89 or Coppermine Road shall not be required to obtain a conditional use permit provided the use adheres to the guidelines of this division and completes the site plan review process.
(3) Campground/RV parks shall not be used as permanent residences. Manufactured, modular and conventional homes permanently attached to a concrete slab and utilities may be used for long-term rentals and permanent residences for the owner, manager or permanent maintenance personnel. In establishing the temporary or seasonal nature of the campground, no single camping site shall be occupied by the same party for a period of time longer than nine continuous months in any 12-month period. Long-term residences shall be constructed in accordance with the current International Residential Codes (IRC) Codes.
(4) Only one RV or camping cabin shall be permitted on each allowed camp site. Camping cabins shall be designed for use as a temporary dwelling as a temporary shelter for recreational camping and vacation use by visitors, tourists, or campers.
(5) The minimum lot or parcel size for a campground/RV park shall be a minimum of five gross acres.
(6) The maximum number of individual temporary camping sites allowed shall be ten per gross acre.
(7) The maximum number of individual permanent residences shall not exceed five per gross acre.
(8) The maximum number of permanent sites shall not exceed 20% of the total number of all temporary and permanent sites available on the site.
(9) Each temporary or permanent site shall be clearly marked with an alpha or numeric symbol on a sign which is clearly visible from internal access roads. All camp sites shall be labeled on a map, which shall be provided to each campground occupant; local police, fire, and emergency service provider; and 911 dispatch center.
(10) All private roads located within a campground shall be well-drained, all-weather, graveled or paved, and maintained in good condition by the park owner. One-way roads shall be a minimum of 14 feet in width, all other roads shall have a minimum travel surface of 24 feet, and all turnarounds shall have a minimum of a fifty foot turning radius to accommodate emergency service vehicles and delivery trucks, or as required by the International Fire Code, whichever is greater. Parking shall be prohibited on both sides of all roads within the park.
(11) Each camp site shall be provided with a minimum of two off-street parking spaces.
(12) Each designated temporary camp site for RVs shall have an asphalt or concrete pad a minimum of 16 feet in width by 45 feet in length, centered on the space for the parking of the RV. There shall be no RV parking other than on the paved surface area within the designated space.
(13) A recreation or common area shall be provided at a ratio of 100 square feet for every space. All common areas shall adhere to the provisions outlined in § 152.057.
(14) The minimum distance between RVs or detached structures shall be ten feet.
(15) Campgrounds/RV parks with more than 50 spaces shall provide two separate ingress/egress point to the public street.
(16) There shall be a minimum distance of five feet from the RV and any private street or sidewalk, including any attached projections.
(17) The campground/RV park shall be permanently screened from adjacent properties and public rights-of-way by a solid engineered six foot high wall as approved by the Director.
(18) Street improvements for any public roads bounding the campground shall be made as required by the City or Arizona Department of Transportation (ADOT), as applicable.
(19) Access to all temporary or permanent camp sites shall be from the interior of the campground. There shall be no individual access to any camp site from a public street.
(20) Required setback areas shall be preserved in their natural condition or landscaped to provide a visual buffer to minimize any adverse impact on abutting land uses. All camping, structures, outside storage and motor vehicle parking/storage shall be prohibited from occurring within any required setback areas.
(21) Each campground must provide an adequate and easily identifiable office or registration area. The location of the office shall not interfere with the normal flow of traffic into and out of the campground and adequate and appropriately sized parking spaces to accommodate full-length RV's, trucks towing campers, and privately owned vehicles, to accommodate working staff, and people checking in or out, as approved by the Director, shall be provided near the office and registration area.
(22) Recreational amenities or social centers, which may be used for indoor pools, restaurants/cafes, exercise rooms, laundry facilities, restroom and shower facilities, crafts, hobbies, games, meetings, banquets and similar recreational uses shall be of conventional site-built construction, in accordance with the current International Building Codes (IBC).
(23) Service buildings with laundry, toilet, bathing and other sanitation facilities and utilities shall be provided as required by the city.
(24) Provision for on-site storm water retention/drainage and off-site storm water drainage both entering and leaving the property shall be as required by the city and/or ADOT, as applicable.
(25) All utilities shall be placed underground in accordance with and as approved by the city, Page Utility Enterprises, and all other local utility providers, including cable, communication, gas and fiber optics, as applicable.
(26) All lighting shall be in conformance with § 152.059.
(27) Each campground shall provide fire protection facilities as set forth in the International Fire Code.
(28) Designated areas for boat and recreational vehicle storage within the park shall be for the sole use of tenants of the campground.
(29) All refuse collection areas shall be completely enclosed via a solid six-foot wall and view obstructing gate and located on a concrete surface. Refuse collection areas shall be readily accessible to collection vehicles, without substantially encumbering adjacent parking and vehicular access. If the refuse collection area can be seen from the exterior of the park, the enclosure should be softened with landscaping on the sides visible from the street.
(30) A site plan approval application for a campground shall include the following information:
(a) A written description of the proposed operation, including proposed months of temporary camping operations; the desired number, types, and characteristics of different desired temporary camping sites and permanent residences; all other ancillary uses existing or proposed for the site; operational procedures (e.g., noise and nuisance control, clean-up); and an emergency access plan.
(b) A campground plan map, drawn to scale, showing: the existing and proposed layout; location of all utilities and easements; drainage basins and easements; temporary camp sites and camping units; permanent residences; roads and ingress/egress to public streets; parking areas; refuse collection areas; designated boat and recreational vehicle storage areas; the site boundaries; existing and proposed topography (grading); minimum required yards; existing and proposed buildings and other structures; common recreational and sanitation facilities; water and sewer and stormwater management.
(J) Childcare center, commercial.
(1) A commercial childcare center shall be licensed, certified or approved by the State of Arizona.
(2) A commercial childcare center shall meet Fire Code, Building Code, Zoning Code and any other applicable regulations for a commercial business.
(3) Adequate off-street parking shall be provided in accordance with § 152.056.
(4) All childcare centers shall provide adequate drop-off and waiting space so that parents' cars are not required to stand in a public right-of-way. At least one drop-off space shall be provided for each five children enrolled during peak attendance times. Child drop-off areas shall have direct pedestrian access to the building entrance.
(5) A minimum of 100 square feet of outdoor play area shall be provided per child utilizing the outdoor play area at any given time. The total outdoor play area shall not be less than 1,200 square feet unless a greater amount is required by the state. Outdoor play areas shall be in the rear or side yard, fenced and screened in accordance with § 152.057(C).
(K) Childcare, home.
(1) A childcare home shall be licensed, certified or approved by the State of Arizona.
(2) Childcare home vehicles belonging to employees and residents are required to park onsite, in the garage or on an approved paved driveway.
(3) No signage for advertising or notification of use shall be permitted on or off the site.
(4) A minimum of 600 square feet of open space shall be provided for an outdoor play area, in the rear or side yards only.
(5) All outdoor recreation areas shall be completely screened and enclosed by a six-foot-high solid masonry wall or wood fence with solid self-closing and self-latching gates.
(L) Convenience store.
(1) A use may combine a convenience store and drive-through facility and/or service station only if both uses are permitted or conditionally permitted and approved in that district. If combined with said uses, convenience stores shall also comply with the provisions of division (M) and/or division (Z) of this section.
(M) Drive-through facility. This section shall apply to all principal uses that include a drive-through facility.
(1) Menu boards shall not be placed facing the primary street and every effort shall be made to avoid placing payment and/or pick-up windows adjacent to public streets. Payment and/or pick-up windows shall not face Highway 89, Lake Powell Boulevard or Scenic View Road.
(2) Drive through aisles that face or are adjacent to public streets shall be screened from public view by a minimum three-foot-tall masonry wall that matches the primary structure.
(3) No drive-through aisles shall exit directly onto a public right-of-way.
(4) Drive through queuing length shall be approved in accordance with § 152.056(K)(6).
(5) Clearly marked and A.D.A. approved pedestrian crosswalks shall be provided for each walk-in customer access point to the facility located adjacent to drive-through lane(s).
(N) Group care home.
(1) A completed registration form shall be submitted to the Planning and Zoning Department on a form established by the Director. Registration shall become effective upon issuance of zoning clearance for the home and shall terminate when the home use ceases. No registration/clearance shall be accepted or approved for a home that does not comply with the conditions listed within this section.
(2) Group care homes shall comply with all applicable federal, state and local requirements for the location, development and operation of such homes and the provision of safe outdoor recreation areas and gross floor areas for every person that the home is licensed to accommodate.
(3) Group care homes shall not be located within 1,200 feet, as measured from the property lines, of another group care home or a residential care home facility.
(4) The group care home shall not involve changes in the exterior appearance of any structure or necessitate equipment that is not related to the primary residential use.
(5) All administrative activities, including staffing, counseling, and other visitations, shall serve only residents of the group care home.
(O) Manufactured home. These regulations apply to all manufactured homes. The installation or construction of any dwelling unit, factory-built or manufactured, shall comply with the following minimum criteria:
(1) A manufactured home is subject to all standards contained in Table 2.2-2, Residential District Development Standards for the zoning district(s) in which the home is situated, unless otherwise stated within this section.
(2) All newly placed manufactured homes shall be required to meet the most current HUD Code standards, be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 and comply with State of Arizona Office of Manufactured Housing regulations and all the provisions outlined in this chapter.
(3) The exterior building facade, including trim, doors, windows, roof fascia and the like, shall consist of wood, stucco, horizontal siding, brick, masonry veneer, or other similar building material commonly used in site-built residential construction; provided, however, that metal siding, other than aluminum lap siding, shall be prohibited. Patio covers and detached storage buildings shall be exempt from this requirement.
(4) All manufactured homes placed in a subdivision or on a single tract of land shall be set upon a permanent foundation or footing for the purpose of a permanent installation. Such installation shall render the dwelling no more portable than if it were constructed totally on site.
(5) All manufactured homes placed in a manufactured home park shall utilize a finished building material to surround the entire perimeter of the dwelling and completely enclose the space between the exterior facade of the dwelling and the ground. Such foundation siding shall be properly vented, harmonious, and compatible with the dwelling.
(6) Any device used to transport a manufactured home to the site of installation, including the hitch, wheels, axles, or other devices used primarily for transport other than a chassis, shall be detached from the dwelling as part of the installation procedure in any zoning district.
(7) All manufactured home installations must follow the Arizona Department of Building and Fire Safety Statutes and Rules.
(P) Manufactured home park. These regulations apply to manufactured home parks. The development of any factory-built or manufactured home park shall comply with the below minimum criteria:
(1) The minimum distance between manufactured homes or between accessory structures and manufactured homes shall be ten feet and no structure shall be closer than ten feet to the exterior boundary or five feet to individual space lines of the park.
(2) There shall be a minimum distance of ten feet between the front of the manufactured home and any private street or private sidewalk, including tongue and bay windows or any other attached projection.
(3) A minimum of 10% of the total park area shall be designated as permanent open space. Where phases are proposed for the manufactured home park, the percentage of open space in each phase shall meet or exceed the minimum total for the specified phase area. The open space shall be available through the use of easements to all residents of the development. Streets, driveways, parking areas, buffer areas, recreation vehicle storage, and buildings shall not be included in calculating the size of open space.
(4) A ten-foot landscape area shall be required where the park is adjacent to a public street/sidewalk.
(5) Two paved off-street parking spaces of nine feet by 20 feet shall be required for each manufactured home space.
(6) One nine-foot by 20-foot visitor parking space shall be required for each eight manufactured home spaces. Common lots spaced evenly throughout the park may be employed to provide off-street parking. One 12 foot by 30-foot RV or boat parking space shall be required for every four manufactured home spaces, which are for the sole use of the residents, and be completely screened at outside park boundaries by a six-foot-high wall or fence.
(7) Street improvements for any public roads bounding or within the manufactured home park shall be made as required by the Public Works Director.
(8) All interior drives or roadways shall be a minimum width of 24 feet or as required by the Uniform Fire Code, whichever is greater. Width of roadway is exclusive of curbs and walkways, measured from edge of pavement to edge of pavement. The interior drives or roadways shall be paved in accordance with city engineering standards.
(9) Provision for on-site storm water retention/drainage and off-site storm water drainage both entering and leaving the property shall be as required by the Public Works Director.
(10) Each manufactured home park shall provide fire protection facilities as set forth in the Uniform Fire Code.
(11) The manufactured home park shall be permanently screened from adjacent properties by a solid wall or wood fence, six feet in height.
(12) One manufactured home shall be permitted on each approved space. No recreational vehicles or dwelling units of conventional construction shall be permitted on a manufactured home space for living purposes except for that of the owner, manager, or permanent maintenance personnel.
(13) Access to all manufactured home spaces shall be from the interior of the park. There shall be no individual access to any manufactured home space from a public street.
(14) Manufactured home parks with more than 100 lots shall have a minimum of two separate access entry drives connecting the park to public streets. Access to the development shall not be through a residential area to reach a collector route.
(15) All refuse collection areas shall be completely enclosed via a solid six-foot wall and view obstructing gate and located on a concrete surface, and if it can be seen from outside the park, the enclosure shall be softened with landscaping on its most visible sides.
(16) All lighting shall be in conformance with § 152.059.
(17) All utilities shall be placed underground. Placement of utilities, including master meters, shall meet all requirements of the city, as well as the respective utility companies.
(18) The site plan shall provide for a system of pedestrian circulation within the development. The system shall connect with any existing sidewalks adjacent to the property. The pedestrian access may be located either in the street right-of-way or in common open space. The system shall be designed to link residential units with recreation facilities, school bus stops, and existing sidewalks in the neighborhood. Pedestrian ways may take the form of sidewalks or walking paths with a minimum width of five feet.
(Q) Medical marijuana establishment, dispensary, cultivation site.
(1) To obtain a conditional use permit, the medical marijuana ESTABLISHMENT, dispensary, or medical marijuana cultivation location shall not be closer than 1,200 feet from the boundaries of a Residential Zoning District or use, the property lines of any public or private school, public park or playground, or church or non-commercial establishment owned or operated by a religious organization.
(2) The business shall not be located within 2,000 feet of any adult entertainment businesses, or other medical marijuana dispensary or cultivation location and shall display no sign visible from the exterior except for a sign identifying the business as a medical marijuana dispensary or medical marijuana cultivation location. All signage shall also adhere to the requirements of § 152.058. The business shall exclude persons less than 18 years of age from its premises. No materials depicting marijuana plants or marijuana use shall be visible from the exterior of the business.
(3) All distances shall be measured in a straight line, without regard to intervening structures or objects, from the property line of the business to the nearest property line of another adult entertainment business, or other medical marijuana dispensary or cultivation location, school, church, public facility, residential district or use or other use specified in this regulation.
(4) Medical marijuana cultivation site. With regard to a medical marijuana cultivation location, applicants seeking a conditional use permit shall provide the name and location of the off-site dispensary, a copy of operating procedures adopted in compliance with A.R.S. § 36-2804(B)(l)(c), procedures for proper disposal of marijuana remnants or by-products (not to be the facility's exterior refuse container), a security plan, and a plan to prohibit the emission of odors from the facility into the environment. The cultivation location must be a permanent building (not a habitable trailer, cargo container or motor vehicle) with a maximum area not to exceed 2,000 square feet unless otherwise shown by the applicant and approved through the conditional use permit process that additional area is needed to provide necessary medical marijuana to the identified dispensary. The cultivation location shall not be open to the public and retail sales are prohibited. Marijuana shall not be consumed on the premises, including any accessory structures, parking lot or parking areas. Caregivers, as authorized by AZ DHS to cultivate medical marijuana, shall be restricted to cultivation of medical marijuana in the Service Commercial Zoning District.
(5) Medical marijuana dispensary. With regard to a medical marijuana dispensary, on-site and drive through services are prohibited. Applicants seeking a conditional use permit shall provide the name and location of the off-site cultivation location or source, a copy of operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(c), procedures for proper disposal of marijuana remnants or by-products (not to be the facility's exterior refuse container), a security plan, and a plan to prohibit the emission of odors from the facility into the environment. The dispensary must be a permanent building (not a habitable trailer, cargo container or motor vehicle) with a maximum area not to exceed 1,000 square feet. Operating hours shall not be earlier than 8:00 a.m. and not later than 8:00 p.m. Marijuana shall not be consumed on the premises of the dispensary, including any accessory structures, parking lot or parking areas.
(R) Microbrewery, craft distillery, or tasting room.
(1) Must provide evidence of a valid state license before commencing operations or at any time upon the request of the Director and the conditions of any such license shall always be adhered to by the operator of the establishment.
(2) Pure manufacturing and storage uses not associated with a retail or restaurant function are not allowed in the C-2, CBD or MU Districts.
(3) All manufacturing and processing activity shall be conducted within a completely enclosed building.
(4) In the C-2, CBD and MU Districts outdoor storage shall be limited to grain silos designed to be screened from public view or integrated into the design of the principal building using compatible materials and colors. No other materials, including products ready for shipping, or equipment shall be stored outdoors unless approved through a conditional use permit.
(5) Outdoor seating and serving is permitted. The location and placement of outdoor dining and serving facilities shall meet all performance standards in § 152.055.
(S) Mobile homes. After the effective date of this chapter, the following regulations shall apply to all mobile homes:
(1) Only pre-existing, in place mobile homes shall be allowed for residential or non-residential use on an existing lot or within an existing mobile home park, subject to all applicable A.R.S. The relocation of a pre-existing mobile home from its current location, lot or mobile home park shall be prohibited.
(2) The placement and residential or non-residential use of mobile homes constructed prior to 1976 is prohibited, unless in place and in use on the effective date of this chapter.
(T) Outside storage.
(1) All outside storage facilities shall be subject to the site plan review and/or CUP process. In addition to standard site plan information, the applicant shall provide a plan which shows an ability to control onsite and prevent off-site nuisance conditions such as noise, dust, odors, vectors and wind-blown debris.
(2) A use may combine outside storage with automobile/boat major repair and automobile/boat sales only if both uses are permitted or conditionally permitted and approved in that district. If combined with said uses, outside storage facilities shall additionally comply with the provisions of divisions (E) and/or (G) of this section.
(3) Outside storage facilities shall be located with direct access to paved roadways that are suitable in size to allow for the efficient delivery of automobiles and boats for storage. This provision shall not apply in the IP district.
(4) Outside storage areas shall be paved with concrete, asphalt, pavers, or gravel. This provision shall not apply in the IP district.
(5) Outside storage facilities must be fully screened from view by a 100% opaque fence or engineered concrete/masonry block wall no less than six feet, but no more than eight feet in height, as approved by the Director.
(6) As part of the conditional use permit process within the SC District, a landscaped screen of plantings may be required in addition to a required fence or wall to further buffer and/or shield storage activities from public view or adjacent residential districts. See § 152.057(C) for additional screening regulations. This provision shall not apply in the IP district.
(7) No outside storage that exceeds the height of the screen wall may occur within the required setback areas. This provision shall not apply in the IP district.
(8) No stored automobile/boat shall be utilized for overnight sleeping or as living accommodations.
(9) All exterior lighting shall comply with the lighting standards provided within § 152.059.
(U) [Reserved].
(V) Religious assembly.
(1) All vehicular access to the facility shall be onto an arterial or collector road.
(2) Wherever an off-street parking area is adjacent to a residential use, a continuous obscuring wall, fence and/or landscaped area at least six feet in height shall be provided.
(W) Resident care home.
(1) A completed registration form shall be submitted on a form established by the Director. Registration shall become effective upon issuance of zoning clearance for the home and shall terminate when the home use ceases. No registration/clearance shall be accepted or approved for a home that does not comply with the conditions listed herein.
(2) Resident care homes shall comply with all applicable federal, state and local requirements for the location, development and operation of such homes and the provision of safe outdoor recreation areas and gross floor areas for every person that the home is licensed to accommodate.
(3) Resident care homes shall not be located within 1,200 feet, as measured from the property lines, of another resident care home or a group care home facility.
(4) All administrative activities, including staffing, counseling, and other visitations, shall serve only residents of the residential care home.
(5) As a reasonable accommodation for persons with a disability, strict compliance with the standards set out in this section may be waived by the Director in accordance with the requirements stated herein. A request for such a reasonable accommodation waiver must be in writing and filed with the Director. In all cases, the Director, or designee, shall make findings of fact in support of the determination and shall render their decision in writing. The Director may interview the person making the request to ascertain or clarify information sufficiently to make the required findings and/or may request additional information such as a site plan, floor plan, maximum number of residents, transportation methods and/or a description of daily activities. To grant a reasonable accommodation waiver, the Director shall find all the following applies:
(a) The request will be in compliance with all applicable building and fire codes;
(b) The request will not create adverse impacts on traffic, parking, water or sewer systems, or any utility or use; and
(c) Profitability or financial hardship of a facility shall not be considered by the Director in deciding to grant a reasonable accommodation waiver. An appeal of the decision of the Director may be made regarding reasonable accommodation to the Board of Adjustment pursuant to § 152.086(K).
(X) School, public or private; school, boarding and college or university.
(1) The facility shall meet all applicable fire, building or any other applicable codes or regulations.
(2) All access for high schools, middle schools, boarding schools, or colleges shall be from an arterial or collector roadway; vehicular ingress and egress to local streets is prohibited.
(3) Elementary schools shall not be located adjacent to arterial roads or roads with higher classifications.
(Y) Self-storage, indoor.
(1) All storage shall be completely within enclosed buildings.
(2) A use may combine indoor storage with outside storage only if both uses are permitted or conditionally permitted and approved in that district. If combined with said use, indoor storage facilities shall additionally comply with the provisions of division (T) of this section.
(3) Doors to individual storage units shall not face any abutting public street frontage, or, if the site is located on a comer parcel, shall not face the primary public street frontage.
(4) No business activity other than rental of storage units shall be conducted on the premises.
(5) All self-storage rental contracts shall include clauses prohibiting:
(a) The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals; and the use of the property for purposes other than dead storage.
(6) An accessory structure for a management office may be allowed on site, subject to regulations specified in § 152.046.
(Z) Service station.
(1) Service stations shall not include:
(a) Any outdoor service or repair operations, other than the dispensing of fuel or other minor installation services as related to such dispensing or installation;
(b) There shall be no sale, rental, display, long-term parking, or storage of vehicles, boats, trailers, machinery or other similar equipment; or
(c) There shall be no outdoor storage or display of vehicle components and parts, supplies or equipment, except within an area defined on the project approved site plan and which extends no more than ten feet beyond the building.
(2) Service bay doors may not face Highway 89, Lake Powell Boulevard, or residential neighborhoods.
(3) All fuel pumps and islands shall be covered by a canopy that matches the main structure.
(4) Electric charging stations may count towards required parking spaces.
(5) Under canopy mounted lights shall be flush with the underside of the canopy. All additional outdoor lighting shall be subject to the requirements of § 152.059.
(6) Any signs, logo or identifying paint scheme on the primary building, canopy or gas price signs shall adhere to the applicable sign regulations provided in § 152.058.
(AA) Tour services.
(1) All tour services are required to conduct business out of a physical office space located within permitted districts as identified in Tables 2.3-1 and 2.4-1. Sales are not permitted on public right-of-way.
(2) All parking, queuing, and loading/unloading of tour vehicles shall be conducted on the subject property or within approved areas as defined through the site plan approval and conditional use permit process.
(3) Tour operators are prohibited from conducting any tour operations business within a residentially zoned district, including the use of residential streets for tour departure and return routes.
(4) All maintenance, repairs, and service washing areas shall be fully screened from view by a 100% opaque fence or engineered concrete/masonry block wall that is no less than six feet in height.
(5) Any heliport, associated with a helicopter tour service, located outside the airport shall be required to obtain a conditional use permit. No conditional use permit shall be considered for approval unless and until the location, site plan and operation standards comply with all the provisions herein, and a Federal Aviation Administration (FAA) airspace letter-of-determination stating no objection, with or without conditions, is provided for the proposed facility and location.
(6) If the Director determines a proposed operation has the potential to create an adverse impact on the surrounding area, the city may establish other conditions and requirements necessary to prevent possible nuisances (i.e., control number of allowed tours per day, define hours of operation, specify tour routes or deny the CUP).
(7) All outdoor storage of materials which might cause fumes, odors, dust, fire hazard, or health hazards must be placed within enclosed containers or unless otherwise complies with applicable law.
(8) All tour service facilities shall comply with all applicable federal, state and local laws for such a facility. Copies of permits or letters of approval shall be submitted to the city prior to the start of operations.
(BB) Vacation home rentals.
(1) Purpose.
(a) The purpose of this section is to establish minimum regulations for the use of residential dwellings utilized as vacation rentals.
(b) This section shall not provide any residential property owner with the right or privilege to violate any private conditions or covenants and restrictions applicable to the property that may prohibit the use of such property for said use, as defined herein.
(c) Vacation home rentals are limited to individually or collectively owned single-family dwelling units, up to and including any multi-family unit or group of units in a condominium, cooperative or timeshare, that is also a transient public lodging establishment or owner-occupied residential home offered for transient use if the accommodations are not classified for property taxation under A.R.S. § 42-12001. Use of any other unit, dwelling or group of units or dwellings as a vacation rental or short-term rental is prohibited. Vacation rentals do not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center or other similar use.
(2) Applicability. The provisions of this section apply within the incorporated boundaries of the city.
(3) Laws. Vacation home rentals are subject to all laws relating to noise, building and fire codes, protection of welfare, parking, property maintenance and nuisance and may not be used for the purposes of housing sex offenders, operating or maintaining a structured sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult-oriented businesses.
(4) Emergency point of contact. An owner of a vacation home rental shall designate an emergency point of contact. Said point of contact shall be filed with the City Clerk.
(CC) Wireless telecommunication/communication facilities (WCF).
(1) This section is to provide a uniform and comprehensive set of standards for the placement, construction and modification of wireless communication facilities (WCF). To protect and promote public health, safety, general welfare and the visual quality of the city while at the same time not unduly restricting the development of needed communication facilities and important amateur radio installations and encouraging managed development of communication infrastructure. It is also the stated intent of this section to provide a public forum to ensure a balance between public concerns and private interest in establishing communication and related facilities. The regulations in this section are established to:
(a) Provide guidelines for the siting and design of WCF;
(b) Minimize adverse visual impacts of towers and WCF through careful design, siting, landscaping and camouflaging techniques;
(c) Enhance the ability to provide wireless services to city residents, businesses and visitors;
(d) Simplify and shorten the process for obtaining necessary permits, while protecting the interests of residents;
(e) Promote and encourage co-location of towers and attached WCF as a primary option;
(f) Ensure that WCF are compatible with adjacent land uses; and
(g) Avoid potential damage to property caused by towers and communications facilities by ensuring that structures are correctly designed and installed, and removed when no longer used or structurally unsafe.
(2) Amendments. For the purpose of protecting the public health, safety and general welfare, the Planning and Zoning Commission may from time to time propose amendments to these regulations which shall be approved or disapproved by the City Council at a public meeting following public notice. Realizing that communication technologies are constantly evolving and changing, where future innovations may reduce the impacts of individual facilities and render portions of these regulations obsolete, periodic review and revision of these regulations will be necessary.
(3) Applicability.
(a) Commercial WCF are permitted as a conditional use (CUP) in all zoning districts except for small wireless facilities, certain antennas, or public safety communication facilities as described in division (CC)(5) and residential or planned area development districts.
(b) No person shall build, construct or erect a WCF within any residential or planned area development districts until a review process has determined the site is properly camouflaged and integrated with and/or screened by a non-antenna support structure (streetlight, utility pole, building feature, landscape feature, etc.).
(c) All antenna support structures and WCFs located in the city, are subject to this section. Except as provided in this section, any use being made of an existing antenna support structure or attached WCF shall be deemed a legal-nonconforming structure and allowed to continue, even if in conflict with the terms of this section.
(d) The Director, by administrative review, may approve (without obtaining a CUP) the proposed construction or development of a camouflaged facility or a co-located facility provided that a building permit is obtained and the proposal meets the minimum requirements of this chapter.
(4) Exceptions.
(a) Small wireless facilities. The construction, improvement, co-location, modification, repair or operation of small wireless facilities may be located within any city right-of-way or any areas outside of the right-of-way that are not zoned exclusively for residential uses. Said small wireless facilities shall be permitted by right and not subject to any zoning or CUP review and approval. Additional city permits may apply for the construction, improvement, co-location, modification, repair or operation of small wireless facilities;
(b) Public safety communications facilities;
(c) The provisions of this section do not apply to radio or television reception, receive only, citizen band, marine band and satellite or microwave parabolic antennas (Residential: one meter or less in diameter) (Industrial/Commcrcial: two meters or less in diameter) not used by commercial carriers. The height of the antenna shall not exceed the roofline of the primary structure on the parcel and shall be placed on the rear or side of the parcel;
(d) The provisions of this section do not apply to FCC licensed amateur stations as part of the amateur service with a single antenna support structure and shall not be subject to the requirements of this section except as follows;
(e) No outdoor amateur station antenna shall be installed until and unless an amateur station antenna permit has been approved and issued by the Director. Amateur station antenna permits are not transferable and shall automatically expire when the person issued the permit no longer owns the property involved or the license from the FCC is no longer valid. The Director shall not issue an amateur station antenna permit until the applicant has presented proof of a current FCC license;
(f) All new antenna support structures and attached antennas shall not exceed 90 feet in height above ground level. The tower and antenna shall meet the setback requirements for the zoning district in which it is located and shall require an additional setback of one foot for every foot the tower and antenna exceeds the height limits of the zoning district in which it is located, or if the structure is engineered to collapse under specific wind loads, and fall within a specified fall-zone, the fall-zone shall be the minimum required setback, when supported by a sealed letter from the engineer;
(g) The tower and antenna shall be installed in the rear of the parcel and shall meet all local, state and federal regulations and manufacturer specifications. Guy wires, if used, shall meet the setback requirements of the underlying zoning district;
(h) Temporary mobile services providing public information coverage of news events;
(i) Minor modifications of existing WCF and attached WCF, whether emergency or routine, provided there is little or no change in the visual appearance; and
(j) Minor modifications are those modifications, including the addition of antennas, to conforming wireless and attached WCF that meet the performance standards set forth in this document. Antennas and equipment cabinets or rooms completely located inside of structures and whose purpose is to enhance communications within the structures.
(5) Performance standards and requirements.
(a) Construction standards. All commercial WCF and antenna support structures shall be certified by a licensed engineer to be structurally sound and in conformance with applicable building code(s).
(b) Natural resource protection standards. The location of the WCF shall comply with all-natural resource protection standards established either in this chapter or in other applicable county, state and federal regulations, including those for flood plains, wetlands, groundwater protection, escarpments and steep slopes.
(c) Color and appearance standards. All WCF shall blend into the surrounding environment through the use of color and camouflaging architectural treatment, except where the color is otherwise dictated by the FCC or FAA.
(d) Advertising prohibited. No advertising is permitted anywhere upon or attached to a WCF.
(e) Illumination of antenna support structures. Antenna support structures/towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the FAA or other federal or state authority.
(f) Co-location. All WCF shall be subject to the co-location requirements set forth in division (CC)(6).
(g) Abandonment. All WCF shall be subject to the abandonment requirements set forth in division (CC)(7).
(h) Setback requirements for WCF:
1. Minimum setbacks for these facilities are the same as underlying zoning districts, or as specified in subsection (4)(f) above for fall-zones.
2. Broadcast and other facilities. For zoning districts CBD, MU, C-1, C-2, SC, BP and IP, the setback requirements are 30% of the support structure height, but not less than the minimum setbacks of the underlying zoning district.
3. Guy wires. Setbacks for guy wires are the same as the minimum setbacks for the underlying zoning district.
4. Security enclosure required. All towers and equipment shelters shall be enclosed either completely or individual as determined by the Director. The city and co-located carriers shall have reasonable access. No fence shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure. Dependent on the location, plants or landscaping may be required as a buffer around the perimeter of the security enclosure as deemed appropriate by the Director.
5. Existing vegetation. Existing vegetation shall be preserved to the maximum extent possible.
(6) Co-location requirements.
(a) Any antenna support structure/tower erected for commercial purposes shall be designed to permit future co-location abilities. No proposed antenna support structure/tower shall be erected unless such structure is capable of supporting a minimum of one additional carrier's WCF.
(b) Commercial carriers who own an existing support structure shall negotiate in good faith with other carriers that request co-location. Documents showing good faith efforts to co-locate shall be provided to the Director.
(c) Carriers who co-locate on an approved antenna support structure are not subject to the conditional use permit requirements of this section. The application may be approved by the Director if all other requirements of this section are met.
(7) Abandoned facilities. A WCF shall be considered abandoned after 60 consecutive days of non-use where the city may seek to revoke the conditional use permit or abate the structure in accordance with § 152.109.
(8) Application process.
(a) Applications for WCF and major additions or modifications to existing facilities shall include:
1. One electronic PDF copy and two copies of the proposed site plan specifying the location and legal description of the site and WCF: on site land uses and zoning; adjacent roadways; access; utilities; parking; vegetation and landscaping to be added, retained, replaced or removed; setbacks; and all related improvements and equipment.
2. A vicinity map specifying adjacent properties, land uses, zoning and roadways within 300 feet of the proposed facility. Elevation drawings of the proposed facility specifying all antennas, antenna support structures / towers, structures, equipment facilities, fencing, screening, landscaping, lighting, utilities and other improvements related to the facility, specifying materials, placement and colors.
3. Photorealistic image of the proposed site after antenna support structure erection demonstrating the true impact of the facility on the surrounding visual environment may be requested by the Director from specific vantage points. This requirement does not apply to facilities permitted under the administrative review process, unless requested by the Director.
4. A report shall be prepared describing the facility and why it is needed, the technical and economic reasons for the site design and location, and the quantity of antenna arrays the structure can support.
(b) A report shall be prepared that addresses the following evaluation criteria:
1. Description of the facility and why it is needed;
2. Technical and economic reasons for the site design and location; and
3. The total number of antenna the structure can support.
(c) A detailed inventory of all the carrier's existing and approved facilities within the city and within five miles of the corporate boundaries.
(9) Application review.
(a) Administrative review. Applications for proposed camouflaged WCF and co-location of WCF which do not change the antenna support structure height are subject to administrative review. The applications shall be examined for conformance with the requirements in this section by the Director who shall within 21 days of receipt of the application, render a decision to approve, deny or delay approval of the proposed WCF. Any decision to delay approval or deny a request shall be in writing and shall include specific reasons for the action. If the applicant has not been notified in writing of a decision after 21 days the application will be deemed approved. A decision by the Director may be appealed by the applicant within 30 days to the Board of Adjustment. The fee for administrative review of a proposed wireless facility shall be collected when the application is submitted.
(c) Access control and emergency contact. No Trespassing signs shall be posted around the WCF as deemed appropriate, along with any emergency contact telephone numbers.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)
§ 152.046 ACCESSORY BUILDINGS, STRUCTURES AND USES.
(A) Purpose. The purpose of this section is to identify and regulate accessory buildings, structures and uses in all zoning districts that are incidental and customarily subordinate to principal uses.
(B) Establishment of accessory buildings, structures and uses.
(1) All principal uses allowed in a zoning district shall be allowed to include the accessory buildings, uses, structures, and activities typically associated with the use as described in the principal uses definition provided in §§ 152.035 through 152.037, unless otherwise specifically prohibited within this section.
(3) No accessory building, structure, use or conditional use, shall be erected or permitted on any lot or parcel until the principal building or use has been established or erected; unless both are being established and erected simultaneously.
(C) General development standards for accessory buildings, structures and uses.
(1) Unless otherwise expressly stated, accessory buildings, structures and uses are subject to the same lot and building regulations as principal uses and buildings.
(2) Accessory structures and uses should be similar in color to the principal structure.
(3) Accessory buildings and structures, except for accessory dwelling units defined in § 152.046(F)(1), shall not be used for living or sleeping quarters.
(4) If the principal building or use is destroyed, removed or ceases to exist, the utilization of the accessory building or use shall no longer be allowed.
(5) In the case of any conflict between the accessory building, use or structure standards of this section and any other requirement of this code, the more restrictive standards shall control.
(D) Location standards for accessory buildings, structures and uses.
(1) Accessory uses and structures must be operated and maintained under the same ownership and located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
(2) Accessory buildings, uses or structures shall not be erected in any right-of-way, easement, or required street side or front yard setback.
(3) No accessory building or structure shall be located within six feet if fire rated, and ten feet if not fire rated of the site's principal building. If attached by any part of a common wall or covered roof to the principal building, said accessory building or structure shall be deemed a part of the principal building and shall conform to the development standards of the principal building.
(4) Accessory structures may be attached or detached from the principal building in accordance with all applicable building and fire codes.
(5) The accessory building, structure or use shall have a setback of at least three feet if fire rated and five feet if not fire rated from every side and rear property line, except that the setback shall be the same as required for the zoning district where the principal building is located when the accessory building or structure exceeds 15 feet in height.
(a) Exceptions. The following structures are exempt from the setback requirements:
1. Movable structures, for single-family residential lots, such as children's play equipment, trash enclosures, tool sheds, and pet shelters may be placed within a required rear or side yard setback without limitation on location, provided in no event shall the roof of said structures be designed to allow water to drain onto adjacent property.
(6) In the RE-1A and RE-2A zoning districts, the accessory building, use or structure shall have a setback of at least three feet if fire rated and five feet if not fire rated from the side and rear property lines, or the front setback if allowed to locate in the required front yard.
(E) Size standards for accessory buildings and structures.
(1) The maximum gross floor area of any accessory building or structure shall not exceed that of the principal building. This provision shall not apply in the RE-1A and RE-2A, Commercial or Industrial Zoning Districts.
(2) The sum area of all principal and accessory buildings/structures shall not exceed the maximum lot coverage requirements established by this code.
(F) Additional standards for specific accessory buildings, structures and uses.
(1) Accessory dwelling unit detached (ADU).
(a) No more than one detached ADU may be located on any residential lot.
(b) A detached ADU shall be permitted in any residential zoning district where the lot has a minimum of 6,000 square feet or more in area, the lot coverage maximum is not exceeded by all structures, all required setbacks are met, and the minimum distance from other structures is adhered to due to the fire rating of structures. For attached dwelling units see Duplexes and Multi-family development standards. The ADU exterior design shall be compatible with the principal building, as approved by the Director or designee.
(c) Mobile and manufactured homes and recreational vehicles shall not be used as accessory ADUs.
(d) The ADU and the principal residence shall share the same utility meters.
(e) At least one additional off-street parking space shall be provided for each ADU.
(2) Watchman's quarters (WQ). In order to provide increased security within the industrial zoning districts a watchman's quarters (WQ) may be provided as an accessory use under the following conditions:
(a) WQs shall only be permitted within the BP, SC and IP zoning districts subject to approval of a conditional use permit. Before granting a CUP, the Council shall determine there is a direct link to the principal use and there is a bona fide need for the increased residential presence. Additional conditions of approval beyond those listed in this section may be required to ensure compatibility with adjacent uses;
(b) The WQs must clearly be accessory to the principal use, which must also be active at the time of CUP application and approval;
(c) Only one WQ per lot shall be permitted;
(d) WQs shall be attached and an integral part of the principal building and may not exceed 40% of the total building floor area, with a maximum quarter's size of 1,000 square feet;
(e) WQs shall meet fire code, residential building code and any other applicable codes or regulations;
(f) A WQ shall consist of separate sleeping, kitchen, and bathroom facilities, and shall not be considered an accessory dwelling unit;
(g) There shall be no payment of rent by the occupant of the quarters;
(h) The WQs and principal building shall share utility meters;
(i) At least one additional off-street parking space shall be provided for a WQ; and
(j) If principal building or use is destroyed or ceases to exist, use of the WQ shall also cease.
(3) Store/stay quarters (SSQ).
(a) SSQ shall only be permitted for individual storage spaces located within an indoor storage (boat, RV) facility in the C-2 and SC zoning districts subject to approval of a conditional use permit.
(b) A SSQ conditional use permit shall only be issued to the owner of the storage facility.
(c) SSQs shall only be used by the storage facility owner, family member, or a registered lessee.
(d) SSQs shall not be occupied more than 120 days per calendar year.
(e) SSQ shall not exceed 25% of the storage unit's gross floor area, with a maximum SSQ size of 800 square feet.
(f) SSQs shall not at any time be used as a vacation rental, or any other type of rental.
(g) SSQs shall meet fire and building codes and any other applicable codes or regulations.
(h) Owner shall sign an acknowledgement that the use is in a non-residential zoning district, in which there may be noise and traffic commonly associated with service type commercial uses.
(i) Any additional parking needs shall be provided off-street.
(j) There shall be no outdoor yard, patio, deck, or living space.
(k) The exterior of all SSQs, buildings and individual units shall be clearly marked with a city-provided address to city specifications.
(4) Employee/contractor quarters (ECQ).
(a) ECQs shall only be permitted as an accessory use in Service Commercial (SC) and Industrial Park (IP) Districts subject to the approval of a conditional use permit.
(b) ECQs shall be provided by the employer only and operated in direct connection with the principal use, which must be active at the time of CUP application and approval. ECQs shall not be converted to any other use without prior approval of an amendment to the CUP.
(c) ECQs shall not ever be used as a vacation or any other type of rental.
(d) ECQs shall meet fire and building codes and any other applicable codes or regulations.
(e) The minimum floor area used for sleeping purposes shall be 50 square feet for each occupant.
(f) At least one additional parking space per unit or three beds, whichever is more, shall be provided.
(g) ECQ shall be occupied for less than six months per calendar year.
(h) If the principal use is destroyed, removed or ceases to exist, the use of the ECQ shall also cease.
(5) Cargo containers.
(a) Please note: this section does not prevent the use of cargo containers for construction. Refer to the building code for allowed building materials.
(b) Cargo containers are permitted as an accessory use in Community Commercial (C-2), Service Commercial (SC), Industrial Park (IP) and Airport Property subject to the following conditions:
1. A building permit shall be obtained prior to installing a cargo container as a permanent accessory use. Temporary placement and use of cargo containers by licensed contractors for transport and temporary storage in conformance with permitted uses does not require a building permit.
2. Cargo containers shall be located on the side or rear of the principal building and must meet all development standards for the applicable zoning district and all applicable fire and building codes.
3. Cargo containers may not occupy any required off-street parking spaces except for temporary use during permitted construction activities.
4. Cargo containers may not be stacked, except when used for cargo purposes in the IP District.
5. Cargo containers shall not be connected to any utilities, without approval from the city.
6. Cargo containers shall be painted in an earth tone color, shall not be used for advertisement, and shall be screened from public view with landscaping or an opaque screen wall/fence, as determined by the Director.
7. Containers designed for storage that appear to be cargo containers, but don't meet the specifications for commercial shipping, packing or transportation of freight, shall comply with the requirements of this section.
(6) Domesticated animals.
(a) Permitted in any zone: The keeping, in connection with each permitted dwelling, of not more than three pets, such as dogs, cats, and similar household pets, exclusive of animals under the age of six months, and exclusive of birds, fish and other pets which are always kept within a fully enclosed building or accessory building and which do not create odor or sound beyond the property boundaries.
(b) The keeping of large livestock is allowed in the RE-2A and RE-1A zoning districts. Large livestock shall be limited to four animals per acre. Any shelter, stables, stalls, corrals, or pens for the animals shall adhere to the same development standards as required for the principal use in the applicable zoning district.
(c) Chicken hens and pullet are allowed in all residential zoning districts subject to any applicable health, sanitation, and nuisance laws. Roosters shall only be allowed in the RE-2A and RE-1A zoning districts. Chickens shall be kept within enclosed coops, pens, or cages that comply with all applicable accessory provisions of § 152.046. All lots under 10,000 square feet shall be limited to no more than five chickens per lot. Water used to clean coops, pens, or cages shall not be allowed to flow onto adjacent properties.
(d) Places where animals are kept shall be maintained so that flies, insects, vermin, rodents, odors, ponded water, the accumulation of manure, garbage, refuse or other noxious material does not disturb the peace, comfort, or health of any person.
(e) No person shall keep or maintain any poisonous reptile, or dangerous, carnivorous, wild exotic animal without having approval from the Arizona Game and Fish Department and meeting all county and city animal control regulations.
(7) Home occupations (HO). A HO shall be considered a permitted accessory use in all residential zoning districts provided they don't change the character of the surrounding residential area by generating more traffic, noise, odors, visual impacts, or storage of materials than would normally be expected in a residential neighborhood, and it complies with the following guidelines:
(a) All HOs shall be clearly incidental and subordinate to the principal use of the property as a residential home. A city business registration shall be maintained annually for the HO use.
(b) Each dwelling unit shall be limited to one permitted HO. Any additional HOs shall require a conditional use permit.
(c) All HOs shall be conducted entirely from within the principal residence or enclosed and approved accessory buildings, except for HOs that require the use of accessory structures as allowed within the subject zoning district (i.e. the use of swimming pools for swimming lessons, play structures for day care, or horse corrals for horseback riding lessons) as long as they do not create any type of nuisance for neighboring properties.
(d) Areas devoted to the HO use shall maintain a residential character and appearance.
(e) There shall be no employees of the HO other than persons residing in the dwelling unit where the HO is conducted.
(f) There shall be no external evidence of the HO such as increased traffic, noise, dust, odors, fumes, vibration, electrical interference or fluctuation or other nuisances discernible beyond the property lines than would normally be experienced in a residential neighborhood.
(g) A HO shall not be conducted in a way that is perceptible beyond the property lines between the hours of 8:00 p.m. and 6:00 a.m., to include any loading/unloading of vehicles on the property or nearby street or alley that causes noise to adjoining residents.
(h) There shall be no use of show windows, business display or advertising visible from the exterior of the building, except as is specifically permitted in § 152.058, that indicates the premises are being used in part for any purpose other than a dwelling.
(i) The HO shall not result in excess generation of solid waste or use of utilities and public facilities in amounts greater than normal for residential use.
(j) Any parking incidental to the HO shall be provided only in the residential driveway, subject to compliance with the off-street parking requirements of § 152.056.
(k) The HO shall not park or store more than two vehicles having a gross vehicle weight over 10,000 pounds on the lot or adjacent streets at any time. However, in the RE-2A and RE-1A zoning districts, the parking and storage of up to two vehicles, directly related to the HO, with a gross vehicle weight of more than 10,000 pounds shall be allowed within a fully screened side or rear yard.
(l) Storage of goods and materials necessary for the HO shall be fully enclosed within a building or structure.
(m) The following are examples of uses which would be acceptable as a HOs provided they comply with the above regulations:
1. Home offices with little or no client visits to the home;
2. Catering for off-site consumption;
3. Personal services such as a beauty shop, barbershop, and seamstress;
4. Artists, sculptors, jewelry makers, and composers not selling their artistic product to the general public on the premises;
5. Fine arts lessons (music, art, crafts, dance), tutoring and swimming lessons;
6. Tax preparation;
7. Online businesses, computer programing and software development; and
8. Day care (maximum of four persons).
(n) A HO shall not include, but shall not be limited to, the following uses:
1. Medical offices, clinics, and laboratories, except for psychologists, speech therapists, acupuncturists, and other professionals with one-on-one counseling, therapy, or treatment that do not exceed six clients within 24 hours;
2. Motor vehicle sales, repair, painting, storage, restoration or conversion, engine repair or similar uses conducted outside and/or on vehicles not registered to a person currently residing at the home;
3. Veterinarian office or animal care kennels or boarding facilities. Except in the RE-2A and RE-1A zoning districts such uses may be permitted by conditional use permit;
4. Welding or machine shop;
5. Restaurants; or
6. Body piercing and/or tattoo studio.
(o) Complaints by local residents may be cause for termination of the home occupation.
1. All complaints or violation of the above conditions shall be registered with the City Code Compliance Officer and reviewed by the Director.
2. The burden of proof shall be upon the HO owner to prove that the standards of this section are being met, especially regarding possible nuisances and traffic.
3. If appropriate measures cannot be undertaken to mitigate the complaint or violations, the Director may determine that a particular type or intensity of use is unsuitable to be a HO and require termination of the use. Appeals of the Director's decision can be made to the Board of Adjustment.
(8) Outdoor display and sales.
(a) Outdoor display and/or sale of merchandise may be allowed as an accessory use for all commercial, mixed-use and industrial uses, provided that the display meets the following guidelines and regulations:
1. Outdoor display and/or sale areas shall be clearly defined on a site plan and approved by the Director and may be subject to appropriate conditions by the Director to ensure compliance with the provisions herein.
2. Exceptions. A permanent outdoor retail display area which is an integral part of a business, including but not limited to, garden centers and auto, boat, and RV dealership display lots shall obtain site plan approval with all applicable development/improvements.
(b) Shall be a fixed location that does not encroach upon or disrupt the normal function of the site or its circulation, or the required driveways, landscaped areas, parking lots, sidewalks, loading zones, or fire lanes. Displays shall not obstruct any entrance to a building or traffic safety sight areas or otherwise create hazards for pedestrian or vehicular traffic.
(c) Display/sale of goods shall not be in any public right-of-way.
(d) Shall directly relate to a business occupying the same site, and shall display only goods of the primary business, unless associated with a non-profit organization.
(e) Shall be limited to the business hours of operation and be portable and removed from public view at the close of each business day, unless otherwise permitted through the site plan review process.
(f) No merchandise shall be affixed to the exterior of a building or displayed to impede or interfere with the reasonable use of the store front windows for display purposes.
(g) Shall be managed so that display structures and goods are always maintained in a clean and neat condition, and in good repair.
(h) All signage shall adhere to § 152.058.
(9) Outdoor storage. Outdoor storage associated with a commercial on-site primary use is permitted subject to the following conditions; however, the provisions of this section shall not apply to outdoor storage associated with industrial or agricultural uses:
(a) Storage areas must be fully screened from view by an opaque fence or concrete/masonry block wall no less than six feet, but no more than eight feet in height. A landscaped earthen berm may be used instead of or in combination with a required fence or wall;
(b) The storage area screen fence/wall shall incorporate exterior colors and/or finishes to match the primary building;
(c) Stored materials shall not exceed the height of the lowest screen fence/wall, except as provided elsewhere in this chapter;
(d) Storage area gates must be opaque;
(e) Storage areas shall be paved with concrete, asphalt, pavers, or gravel;
(f) Storage areas shall not be located within a required off-street parking or loading area; and
(g) No storage of any items may occur within the front or street side yard building setback.
(10) Outdoor musical entertainment. Outdoor musical entertainment is permitted in non-residential zones subject to the following:
(a) A business or property desirous of providing outdoor musical entertainment shall be required to obtain a conditional use permit, which for this use is only applicable to the specific business/property identified and shall not be transferable. A new conditional use permit shall be obtained if the business/property is sold, leased, or conveyed by the permittee; or if the permittee moves to a new location, where a new CUP would then be required.
(b) Outdoor musical entertainment conditional use permits shall be subject to an annual review, based on the initial approval date, to ensure the use is conducted in accordance with all terms, conditions and restrictions of this chapter, the approved CUP or any other applicable laws. If the use is found to be in compliance, the CUP is allowed to continue. Any use found to be in violation of the terms, conditions, or restrictions of this chapter, the CUP or any other applicable laws shall be subject to revocation and scheduled for a formal public hearing in accordance with §§ 152.058 through 152.096. Following the formal public hearing process, the City Council may elect to renew, renew with additional stipulations, or revoke the CUP.
(c) Amplified outdoor musical entertainment, live or recorded, shall not be permitted within 600 feet of a single-family residentially zoned property and all stages and amplification devices shall also be pointed to direct sound away from any residential uses.
(d) Outdoor musical entertainment will not be permitted within public rights-of-way.
(e) Outdoor musical entertainment will be limited to the hours of 8:00 a.m. to 11:00 p.m.
(f) No retail or wholesale over-the-counter sale of goods or products are permitted to be sold in conjunction with the entertainment, other than the products or service being provided by the permitted business, unless accompanied by an Arizona Transaction Privilege Tax License.
(g) Outdoor exhibitions or shows will not use any flammable or explosive items, fireworks, electronic light displays, or laser-operated device, without first being permitted in advance for such use by the City Fire Department.
(h) Outdoor musical entertainment shall be restricted to music or singing which is not excessive or disturbing to the community as prescribed by § 130.10.
(i) If the sound is of sufficient volume and duration that it would cause discomfort or annoyance to a reasonable person of normal sensitivities, such volume and/or durations shall be prohibited.
(11) Outdoor vehicle parking and storage. The intent of outdoor vehicle parking and storage standards is to protect the health, safety, and welfare and ensure neighborliness and aesthetic quality for the local residents and business owners in accordance with the following standards:
(a) Non-Residential Districts. The on-site outdoor storage of any personal vehicles, commercial vehicles, a boat and trailer, recreation vehicle, motor home, truck tractor, semi-trailer, trailer or equipment of a similar nature when it is not associated with the business of the property shall be prohibited in the front setback area. Storage of such personal vehicles is permissible in an interior side or rear yard when screened by an opaque six foot tall fence, wall or landscape barrier.
(b) Residential Districts.
1. No person shall store any vehicle not owned or leased by that person or a member of that person's family, or household, on any residentially zoned property.
2. In all residential districts, it shall be prohibited for any person to park or store any personal vehicle having a gross vehicle weight rating (GVWR) exceeding 14,000 pounds, except:
a. Temporary parking, not to exceed 72 hours, is permitted for the purpose of delivery or the loading/unloading of household or permitted home occupation related goods;
b. There shall be no GVWR limit for any personal vehicle parked in the side, street side, or rear yard setback area when screened by an opaque six foot tall fence, wall, and/or landscape barrier;
c. Parking and storage of recreational vehicles shall be subject to § 152.046(F)(14); and
d. Parking in residential districts shall also be subject to § 152.056(J).
3. In all residential districts, parking, but not storage in excess of 72 hours, of a commercial vehicle shall be limited to one commercial vehicle with a maximum GVWR of 14,000 pounds in the front yard setback area.
(12) Vehicle service. No person shall dismantle, repair, restore or otherwise perform any work on any vehicle, machine, motor, or similar device not owned or leased by that person or a member of that person's family, or household, on any property in a residential district. In addition, any work performed beyond basic maintenance (tune-ups, sendee of fluids, replacement of minor parts) shall be:
(a) Incidental to a permitted use and wholly within a wholly enclosed garage or carport, except lots located in Blocks 55-80 and 92-93, but not including Block 75A, shall be permitted on a paved surface; or
(b) Completely within a paved concrete, asphalt, pavers, or gravel area wholly enclosed from the view of surrounding properties and rights-of-way by a solid structural barrier, either an enclosed building or a six foot high wall or fence of ornamental block, brick, wood, or any combination thereof.
(13) Inoperable or unregistered vehicles. Any personal, commercial and/or personal recreational vehicles, motor homes, utility trailers, camp trailers, boats and similar equipment which is inoperable and/or unregistered shall be parked or stored consistent with the following standards:
(a) Parking of operable vehicles, trailers, and vessels with registration expired three months or less is permissible under a carport, in a garage, or in an interior paved concrete, asphalt, pavers, or gravel side yard or rear yard area when screened by an opaque six-foot-tall fence, wall or landscape barrier. No parking of inoperable or unregistered vehicles shall be allowed in the required front or street side yard setback.
(b) Inoperable vehicles, trailers, and vessels and/or those vehicles, trailers, and vessels with registration expired for a period greater than three months shall be stored in a garage or an interior paved concrete, asphalt, pavers, or gravel side yard or rear yard area when screened by an opaque six-foot-tall fence, wall or landscape barrier. No parking of inoperable or unregistered vehicles shall be allowed in the required front or street side yard setback.
(14) Recreational vehicle parking and storage. The parking and/or storage of recreational vehicles, campers, travel trailers, motor homes, boats and personal recreational vehicles and trailers is permitted on any residential lot, subject to the following:
(b) Parking or storing in a required front or street side yard setback shall be prohibited unless all of the following conditions exist:
1. The vehicle does not exceed a gross vehicle weight rating (GVWR) of 14,000 pounds;
2. The vehicle is parked on the designated driveway that provides direct access to the garage from the street or on an improved area having an asphalt, concrete, rock, gravel or other similar all-weather surface which is intended for the parking of vehicles;
3. The vehicle does not extend over a sidewalk or street;
4. The vehicle is fully operable and legally registered; and
5. No more than two such vehicles or trailers are parked or stored in the combined front or street side yard setbacks.
(c) There shall be no GVWR limit for any such equipment parked or stored in the side, street side, or rear yard setbacks when screened by an opaque six-foot-tall fence, wall, and/or landscape barrier as approved by the Director. Such equipment shall be parked or stored to maintain a minimum three-foot clearance on at least one side yard for emergency access.
(d) Temporary parking of recreational vchicles/trailers or recreational vehicles that exceed a gross vehicle weight of 14,000 pounds in a required front or side yard setback or driveway is permitted for loading/unloading or repairs for no more than 72 hours within any seven consecutive days. The Director may authorize a longer period if an emergency exists, up to a maximum of five days.
(e) Such equipment shall be prohibited for human occupancy as a permanent residence. Temporary occupancy is allowed for periods of no more than 72 hours within any seven consecutive days. Any temporary occupancy that exceeds this allowed period shall be required to obtain a temporary occupancy permit from the Planning and Zoning Department and shall be limited to four weeks per any 12-month period. See § 152.047 for additional provisions and exceptions.
(f) Such equipment shall not be used for storage of goods, materials, or equipment other than those items considered to be a part of the recreational vehicle or essential for its use as a recreational vehicle.
(15) Alternative energy systems (AESs).
(a) AESs, other than utility-scale (major) electrical generating facilities, may be administratively approved as an accessory use within any zoning district, subject to approval of a building permit and meeting any applicable federal, state, county or city regulations.
(b) AESs may be located on a parcel in a manner consistent with all development standards or accessory structure regulations in the respective zoning district in which the parcel is located.
(c) As part of the building permit review process, the Chief Building Official may require that design plans and an engineering report (e.g. mechanical/electrical/structural), prepared and certified by an Arizona licensed professional engineer, be included as a part of the building permit submittal package.
(d) Any part of the AES that creates or generates any nuisance beyond the subject property, including but not limited to any noxious fumes, heat, glare, reflection, flickering, strobing, and/or interference with electronic equipment of any household devices, such as television, radio, computer, internet and/or cell phone reception is prohibited.
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)
§ 152.047 TEMPORARY USES AND STRUCTURES.
(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)