Division 10-20.40:
Permits and Approvals

Sections:

10-20.40.010    Purpose

10-20.40.020    Avigation Easements

10-20.40.030    Building Permits and Certificates of Occupancy

10-20.40.040    Building Relocation Requests

10-20.40.050    Conditional Use Permits

10-20.40.060    Development Agreements

10-20.40.070    Home Occupation Permits

10-20.40.080    Minor Improvement Permits

10-20.40.090    Minor Modifications to Development Standards

10-20.40.100    Outdoor Lighting Permits

10-20.40.110    Parking Lot Maintenance Permits

10-20.40.120    Sign Permit – Permanent Signs

10-20.40.130    Sign Permit – Wall Banners

10-20.40.140    Site Plan Review and Approval

10-20.40.150    Temporary Use Permits

10-20.40.160    Zoning Verification

10-20.40.010 Purpose

This division provides procedures and requirements for the preparation, filing, and processing of planning and building permits required by this Zoning Code. For common procedures related to these permits, see Division 10-20.30 (Common Procedures).

A.    General Application Requirements. An application for a permit or other requirement described in this division shall be submitted to the Director on a form prescribed by the City in compliance with Section 10-20.30.020, Application Process. The application shall include the information and materials specified in the application checklist for the permit, together with the required fee established in Appendix 2, Planning Fee Schedule.

B.    Review and Approval. The Director, in compliance with the review schedule on file within the Planning Section, shall review the permit application and supporting documentation for compliance with the standards provided in this Zoning Code, and shall determine whether the permit may be issued or if the applicant must supply additional information to complete the permit application. If the permit application is denied, the reason shall be stated in writing.

C.    Effect of Approval. The issuance of a permit or approval requirement described in this division authorizes the holder to proceed in compliance with the terms of the permit. The applicant must to follow the procedures of this chapter for any additional applicable permits or approvals in order to complete the development and occupancy requirements for the subject property.

D.    Inspections. All developments for which this division requires a permit are subject to inspection to ensure compliance with the provisions of this Zoning Code.

E.    Appeals. Any person, firm or corporation aggrieved by a decision of the review authority in interpreting, applying or enforcing this division may file an appeal in compliance with the appeal provisions established in Section 10-20.80, Procedures for Appeals.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-20.40.020 Avigation Easements

A.    Purpose. The purpose of the Avigation Area zone and avigation easement policy is to preserve the public investment in the Pulliam Airport facility and operations including, but not limited to, air transportation and emergency air services by protecting the airport from continued encroachment from development in areas surrounding the airport.

B.    Avigation Area Zone. The Avigation Area zone shall include all real property located within the approximately one square mile radius from all sides of the airport property inclusive of all land as shown on Airport Avigation Area Map. (See Section 10-90.30.010). The scope of the Avigation Area zone is reasonable in light of the predictable wind conditions existing in the Flagstaff area and in light of the configuration of the conical surface approved by the Federal Aviation Administration for the airport. The owner(s) of property located within the Avigation Area zone shall dedicate an avigation easement to the City prior to the finalization of one or more of the following events:

1.    Annexation into the City;

2.    Approval of an applicant-initiated General Plan amendment, Zoning Map amendment, subdivision plat or replat, lot split, conditional use permit or variance;

3.    Issuance of a building permit for a residential dwelling unit wherein the proposed construction activity is equal to or in excess of one of the following conditions:

a.    Fifty percent of the existing square footage of the dwelling unit; or

b.    Fifty percent of the appraised value of the dwelling unit as set forth in the records of the Coconino County Assessor’s Office.

C.    Avigation Easement Requirements. The avigation easement shall include air space from 350 feet above the surface level of the properties to an infinite height above the properties. The avigation easement shall be in a form as approved by the City Attorney’s Office.

D.    Appeals. Any person, firm, or corporation aggrieved by a decision of the Review Authority in interpreting, applying or enforcing this division, may file an appeal in compliance with the appeal provisions established in Section 10-20.80, Procedures for Appeals.

10-20.40.030 Building Permits and Certificates of Occupancy

A.    Purpose. This section provides requirements and procedures for the issuance of building permits and certificates of occupancy to ensure that new development is in conformance with this Zoning Code.

B.    Permits Required.

1.    No development shall be permitted or no new use established until the applicant or an authorized representative has obtained a building permit and/or certificate of occupancy as required by this division.

2.    No building permit shall be issued unless the application for development approval complies with the provisions of this Zoning Code, other applicable City codes (including, for example, provision for street and utility rights-of-way and easements), and specific prior approvals applicable to the proposed development, including approved site plans, conditional use permits, or Zoning Map amendments.

C.    Effect of Certificate of Occupancy. No building or structure shall be occupied or used until the Building Official has issued a certificate of occupancy and has determined that the building has been constructed and all on- and off-site improvements have been developed in compliance with the provisions of this Zoning Code and any other applicable City codes.

1.    If the structure or use does not comply with the requirements of this Zoning Code or with any other applicable City codes and ordinances, the Director shall not issue a certificate of occupancy, unless it is determined that a conditional certificate of occupancy may be issued (subsection (D) of this section).

D.    Conditional Certificate of Occupancy.

1.    A conditional certificate of occupancy may be issued by the Director; provided, that:

a.    The applicant demonstrates that the incomplete components of the building and site (such as landscaping or private or public infrastructure) will not affect the public health, safety and general welfare;

b.    The applicant demonstrates that completion is impractical at the time the certificate of occupancy is sought due to weather or other conditions as requested by the applicant and as approved by the Director; and

c.    The applicant secures the completion of the construction with appropriate assurances in a form acceptable to the Director and the City Attorney, and in an amount sufficient to complete the construction, as determined by the applicant and as approved by the Director.

2.    Requests for conditional certificates of occupancy shall contain:

a.    A proposed agreement between the City and the applicant in which the applicant promises to complete the specified on-site improvements. The agreement shall have a maximum 12-month term and shall be non-renewable;

b.    The reason for the request;

c.    The expected completion date; and

d.    Financial assurance acceptable to the City, the term of which shall exceed the term of the agreement by no less than 60 days.

E.    Figure 10-20.40.030A, Building Permits and Certificates of Occupancy, summarizes the procedure for obtaining building permits and certificates of occupancy.

Figure 10-20.40.030A

Building Permits and Certificates of Occupancy

Notes:

1.

Action and public hearings by the Director, Planning Commission, or City Council will be completed in accordance with the review schedule on file with the Community Development Division.

2.

No building permit shall be issued unless the application for development approval complies with the provisions of this Zoning Code, other applicable City Codes (including, for example, provisions for street and utility rights-of-way and easements), and specific prior approvals applicable to the proposed development, including approved site plans, conditional use permits, or Zoning Map amendments.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-20.40.040 Building Relocation Requests

A.    Purpose. The purpose of this section is to provide a procedure to relocate an existing structure to another site.

B.    Review Authority and Findings. The Director shall review requests for building relocation and approve, with or without conditions, or deny the request. When considering the application, the Director shall make the following findings:

1.    That the structure is in conformity with the type and quality of buildings existing in the receiving area for a distance of at least 200 feet. If there is vacant property, or if the surrounding area is in transition, the Director shall take into consideration the type of structures and uses that will be located there in the future;

2.    That the proposed relocation will not conflict with any requirements of this Zoning Code;

3.    That the structure is certified to be free of pest infestation by a qualified pest-exterminating firm;

4.    That the proposed relocation will be in no way detrimental to persons or properties or to the environment of the relocation area;

5.    That the proposed relocation will not adversely affect any proposed street or other improvement in the area;

6.    That the proposed relocation is consistent with the General Plan; and

7.    That the proposed relocation will not result in the violation of any law, ordinance or regulation.

C.    Temporary Storage. At the applicant’s request, the Director may approve the temporary storage of a building at another location while the permanent site is being prepared, using one of the following locations:

1.    A storage yard approved in compliance with these regulations; or

2.    A vacant site near the proposed permanent site, subsequent to the issuance of a temporary use permit.

D.    Moving Permit Required. The applicant shall also obtain a moving permit to move the structure over City streets. The application shall be accompanied by a cash deposit or bond sufficient to cover the cost of repair of any possible damage to streets, sidewalks, utilities and other City facilities. The amount of the deposit or bond shall be established by the City Engineer.

E.    Vacated Site. If the site from which the structure is moved is within the City, the site shall be cleaned and all trash, debris, and construction materials removed prior to the issuance of the certificate of occupancy for the relocated structure.

10-20.40.050 Conditional Use Permits

A.    Purpose. The purpose of conditional use permits is to provide a process for reviewing uses and activities that are permitted in an applicable zone, but that require more discretionary review and the possible imposition of conditions to mitigate the effects of the proposed use.

B.    Applicability. Chapter 10-40, Specific to Zones, identifies land uses and activities that require a conditional use permit.

C.    Application Requirements.

1.    Pre-application Review. An optional pre-application review with the Director is recommended for all applications for a conditional use permit in compliance with the procedures set forth in Section 10-20.30.040, Pre-application Review by Director.

2.    Application Requirements. An application for a conditional use permit shall be submitted on a form prescribed by the City in compliance with Section 10-20.30.020, Application Process, together with the information and materials requested in the application checklist and the required fee established in Appendix 2 (Planning Fee Schedule).

3.    Responsibility. It is the responsibility of the applicant to provide support for the findings required by subsection (E) of this section.

4.    Effective Date. The conditional use permit shall have an effective date of 10 days following the date of approval by the Planning Commission, unless the Planning Commission’s action is appealed in compliance with Section 10-20.80.030(F).

D.    Public Hearings and Procedures. The Planning Commission shall hold a public hearing on the application for a conditional use permit and shall, at the conclusion of the public hearing, approve, with or without conditions, or deny the application in compliance with the requirements for conditional uses and other applicable requirements of this Zoning Code. The public hearing shall be noticed in compliance with Section 10-20.30.080, Notice of Public Hearings.

E.    Findings. The Planning Commission may approve the conditional use permit only after making the following findings:

1.    That the conditional use is consistent with the objectives of this Zoning Code and the purpose of the zone in which the site is located.

2.    That granting the conditional use will not be detrimental to the public health, safety or welfare. The factors to be considered in making this finding shall include, but not be limited to:

a.    Property damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination;

b.    Hazard to persons or property from possible explosion, contamination, fire or flood; and

c.    Impact on surrounding areas arising from unusual volume or character of traffic.

3.    That the characteristics of the conditional use as proposed and as it may be conditioned are reasonably compatible with the types of uses permitted in the surrounding area. The conditional use permit shall be issued only when the Planning Commission finds that the applicant has considered and adequately addressed the following to ensure that the proposed use will be compatible with the surrounding area:

a.    Access, traffic, and pedestrian, bicycle and vehicular circulation;

b.    Adequacy of site and open space provisions, including resource protection standards, where applicable;

c.    Noise, light, visual and other pollutants;

d.    Proposed style and siting of structure(s), and relationship to the surrounding neighborhood;

e.    Landscaping and screening provisions, including additional landscaping in excess of otherwise applicable minimum requirements;

f.    Impact on public utilities;

g.    Signage and outdoor lighting;

h.    Dedication and development of streets adjoining the property; and

i.    Impacts on historical, prehistoric or natural resources.

F.    Conditions of Approval.

1.    The Planning Commission may attach conditions of approval to a Conditional Use Permit as are necessary to carry out the purposes of the General Plan, other adopted plans, and findings of subsection (E) of this section. Some of the conditions may include, but are not limited to: limitations on size, bulk and location; requirements for additional landscaping or buffers; provision of adequate ingress and egress; mitigation of adverse environmental impacts; and other conditions such as the duration of the permit, hours of operation and time limits on construction.

2.    Conditions of approval will only be imposed if they are necessary to ensure:

a.    The intent and purpose of this Zoning Code are met;

b.    Compatible and complementary development of the property; and

c.    The provision of appropriate off-site improvements will be fulfilled.

G.    Effect of Approval.

1.    Issuance of a conditional use permit shall be deemed to authorize only the particular use for which it is issued, and such approval shall be deemed to run with the land, except that if a Zoning Map amendment that does not allow the conditional use is processed for the site, the use will be allowed to continue only as a legal, nonconforming use subject to the terms and conditions of the conditional use permit.

2.    All conditions of approval shall be binding upon the applicant, their successors, and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; and shall restrict and limit the construction, location, use and maintenance of all land and structures within the development.

H.    Time Limits and Permit Implementation.

1.    A conditional use permit will become null and void one year after the effective date unless one of the following has occurred:

a.    A grading permit or building permit has been issued and construction commenced and diligently pursued;

b.    The approved use has been established; or

c.    An extension has been granted by the Planning Commission. Such extension shall be for a maximum of 180 days, and no extension may be granted which would extend the validity of the permit more than 18 months beyond the effective date of the permit. The Planning Commission may, when granting an extension for a conditional use permit, modify the original conditions or add conditions to the original conditional use permit, if deemed appropriate; or

d.    The Planning Commission has established a different expiration date for the conditional use permit, such as tying it to the expiration date of a Zoning Map amendment for the same property.

2.    Development of the use shall not be carried out until the applicant has secured all other permits and approvals required by these regulations, the City, or applicable regional, State and Federal agencies.

I.    Compliance/Revocation. The Director, upon inspection and review of any conditional use permit, shall report to the Planning Commission when the permit holder is not in compliance with the conditions of approval. The Planning Commission shall notify the permit holder and shall set the matter of revocation for a public hearing. If the Planning Commission finds, following a public hearing, that the conditions imposed in the issuance of a conditional use permit are not being complied with, the conditional use permit may be revoked and further operation of the use for which the conditional use permit was approved shall constitute a violation of this Zoning Code.

J.    Figure 10-20.40.050A, Conditional Use Permits, summarizes the procedure for obtaining a conditional use permit.

Figure 10-20.40.050A

Conditional Use Permits

Note: Action and public hearings by the Director, Planning Commission, or City Council will be completed in accordance with the review schedule on file with the Community Development Division.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-20.40.060 Development Agreements

A.    Purpose. The purpose of this division is to provide procedures for the processing of development agreements in compliance with A.R.S. § 9-500.05. An application for a development agreement may only be filed by a person owning or having a legal interest in the subject real property, or a person authorized to act on the owner’s behalf.

B.    Contents of Development Agreements.

1.    Provisions Required. A development agreement must include the following provisions:

a.    The duration of the development agreement;

b.    Provisions for the protection of environmental resources, if applicable;

c.    The public benefit offered by the applicant as consideration for entering into the development agreement; and

d.    A waiver of claims for diminution in value for any changes in land use law relating to the subject property and the related proposed development (City Code Title 1, Administration, Chapter 1-17, City Finances).

2.    Provisions Prohibited. A development agreement shall not include requirements for the City to exercise its legislative or quasi-judicial powers in a particular way.

3.    Provisions Allowed. A development agreement may include any of the provisions specified in A.R.S. § 9-500.05, as applicable to the development proposal that is the subject of the development agreement.

C.    Consideration and Decision.

1.    Staff Responsibilities.

a.    The Director in consultation with the City Attorney shall direct the negotiations with the applicant regarding terms of the development agreement.

b.    At such time as impact analyses are accepted by the City Engineer or Utilities Director, negotiations with the applicant regarding the terms of the development agreement may commence. An applicant shall provide a list of conditions, requirements, and stipulations to be included in a development agreement.

c.    Once negotiations are completed, the Director shall schedule the proposed development agreement for approval by the Council in compliance with this division.

2.    Planning Commission Recommendation. When considering a development proposal at a public hearing for a Zoning Map amendment, subdivision preliminary plat, or other development proposal for which a development agreement is proposed, the Planning Commission may, but is not required to, make a recommendation on the contents of a draft development agreement for that development.

3.    Council Determination.

a.    The Council shall consider approval of the development agreement at a public meeting. When also considering a development proposal for a Zoning Map amendment, subdivision preliminary plat, or other development proposal for the subject property, approval of the development agreement may be made conditional upon approval of the related application.

b.    When approving the development agreement, the Council shall make the following findings:

(1)    The development agreement provides benefit to the City;

(2)    The development agreement is consistent with the purpose, intent, goals, policies, programs and land use designations of the General Plan, any applicable specific plans, and this Zoning Code; and

(3)    The development agreement complies with the requirements of A.R.S. § 9-500.05.

c.    Approval of the development agreement shall be by resolution or ordinance and shall not be enacted by emergency clause. The effective date of the agreement may be more but not be less than 30 days after the Council’s approval of the development agreement.

4.    Execution and Recordation.

a.    The persons authorized to sign the development agreement on behalf of the applicant(s), owner(s), and all persons having an interest in the subject property shall execute the development agreement prior to approval by the Council.

b.    If changes are made at the Council meeting where the development agreement is considered, the persons authorized to sign the development agreement on behalf of the applicant(s), owner(s), and all persons having an interest in the subject property shall execute the revised development agreement prior to the City signing the development agreement.

c.    Within 10 days after all parties, including the City, have executed the development agreement, the City Clerk shall record a copy, at the applicant’s expense, of the development agreement with the County Recorder. Recordation of the development agreement constitutes notice of the development agreement to all persons.

D.    Amendment and Cancellation. A development agreement may be amended or cancelled, in whole or in part, by mutual consent of the parties to the development agreement or by their successors in interest or assigns using the same procedure for entering into the agreement in compliance with subsection C. of this section.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-20.40.070 Home Occupation Permits

A.    Purpose. This section establishes the permitting requirements for any home occupation as described in Section 10-40.60.180, Home Occupations, to ensure compliance with the applicable provisions of this Zoning Code. A home occupation permit shall be reviewed, approved and issued by the Director prior to the establishment of any home occupation.

B.    Review and Final Decision.

1.    The Director shall review the home occupation permit application and supporting documentation required by Section 10-20.30.020, Application Process, for compliance with the requirements of the Zoning Code.

2.    The Director, in compliance with the review schedule on file with the Planning Section, shall determine whether the home occupation permit can be issued or if additional information is required from the applicant to complete the application. If the home occupation permit application is denied, the reason shall be stated in writing.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-20.40.080 Minor Improvement Permits

A.    Purpose. To ensure compliance with the applicable provisions of the Zoning Code, this section establishes the requirements for a minor improvement permit.

B.    Application. The property owner shall obtain approval of an application for a minor improvement permit prior to the placement, installation, construction or development of structure that does not require a building permit in accordance with the Building Code. Structures that require the approval of an application for a minor improvement permit include:

1.    Accessory structures, such as sheds, storage containers, decks, fences, garden walls, pergolas, wall, etc;

2.    Modification to the exterior of a structure, including materials and colors, determined to be minor by the Director for properties that are required to comply with Division 10-50.20 pursuant to Section 10-50.20.020;

3.    Landscape modifications determined to be minor by the Director for properties that are required to comply with Division 10-50.60 pursuant to Section 10-50.60.020;

4.    Other minor improvements determined by the Director.

C.    Review and Final Decision.

1.    The Director shall review the minor improvement permit application and supporting documentation required by Section 10-20.30.020, Application Process, for compliance with the requirements of the Zoning Code.

2.    The Director, in compliance with the review schedule on file with the Planning Section, shall determine whether the minor improvement permit can be issued or if additional information is required from the applicant to complete the application. If the application is denied, the reason shall be stated in writing.

D.    Exemptions. Children’s play houses and tree houses less than 200 square feet in floor area and animal keeping shelters less than 50 square feet do not require the approval of an application for a Minor Improvement Permit.

(Ord. 2020-11, Amended, 5/5/2020 (Res. 2020-17); Ord. 2019-32, Amended, 11/5/2019 (Res. 2019-49); Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-20.40.090 Minor Modifications to Development Standards

A.    Purpose. The purpose of this section is to ensure that minor modifications are only approved when the following circumstances exist. The authorization to approve a minor modification does not extend to making any changes in the uses permitted in any zone.

1.    There are special circumstances applicable to the property, and the strict application of this Zoning Code would deny the owner of the property privileges enjoyed by other property located nearby and in an identical zone; and

2.    Conditions are applied that would ensure that the minor modification shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located.

B.    Applicability. The Zoning Code Administrator may approve a minor modification for only those items specified in Table 10-20.40.090.A., Types of Minor Modifications Allowed, and only after first making the findings specified in subsection D.3. of this section.

Table 10-20.40.090.A.

Types of Minor Modifications Allowed 

Types of Minor Modifications Allowed

Maximum Modification

1.

A reduction of a designated setback.

5% or 2 feet, whichever is greater

2.

Where a majority of lots are developed with single-family residences with nonconforming setbacks, new buildings or structures may conform to the pattern established by the majority of the existing buildings in the same block.

Determined on a case-by-case basis

3.

An increase in allowable building height.

5% or 2 feet, whichever is greater

4.

An increase in residential lot coverage.

3%

5.

An increase in lot coverage in commercial or industrial zones.

10%

6.

An increase in the Gross Floor Area Ratio (GFAR) for commercial or industrial developments.

10%

7.

To encourage the development of housing units for disabled persons with limited mobility, a reasonable deviation from the prescribed standards of Chapter 10-40, Specific to Zones, where necessary to install features that facilitate access and mobility of disabled persons may be allowed.

Determined on a case-by-case basis

8.

To encourage the use of passive solar designs and other sustainable practices, a reasonable deviation from the prescribed standards of Chapter 10-40, Specific to Zones, where necessary to promote energy conservation may be allowed.

Determined on a case-by-case basis

9.

An increase or decrease in the number of dwelling units or lots.

10%

10.

A decrease in the minimum required parcel depth or parcel width.

10%

11.

A relaxation of the specified build-to-line, defined by the facade, for sites located within transect zones.

10%

12.

A relaxation of the specified front facade requirements for sites located within transect zones.

10%

13.

Minimum ground floor finished floor level in all T3 and T4 transect zones (18") for lots that slope away from the street (i.e. downhill).

Shall be measured from grade adjacent to the front elevation.

14.

A modification of Section 10-40.60.160, Drive-Through Retail, subsections C.1 through C.5 only, to provide flexibility in the application of these standards when unique site circumstances exist.

Determined on a case-by-case basis

15.

A modification of Table 10-40.60.260.B. (Site Layout and Development Design Standards). Factors to be considered include: the width and character of the street; if the site is located within a floodplain; if site conditions such as changes in topography make providing pedestrian accessibility difficult; if there is vacant property or existing noncommercial uses on the opposite side of the street; or if the mixed-use development is proposed on a through lot between two primary streets and commercial uses are only appropriate on one such primary street.

Determined on a case-by-case basis

16.

A modification of Section 10-50.20.030.B.7., Windows, to allow the use of alternative window design and placement when warranted by unusual site circumstances and the development’s context.

Determined on a case-by-case basis

17.

An addition to an existing structure located as close to the property line as any existing encroachment, but no closer than any applicable Fire Code and Building Code limitations.

400 square feet

18.

An increase of the allowed maximum height of a fence or wall located within a designated setback area.

20%

19.

To encourage the preservation of existing healthy trees located more than 25 feet from a building foundation (Section 10-50.60.050.A.1.).

100%

20.

Landscaping in residential zone buffers may be reduced if the areas are retained in their natural state.

Determined on a case-by-case basis

21.

Minor changes to approved landscape plans.

Determined on a case-by-case basis

22.

Temporary irrigation as appropriate in hydrozones 2 and 3.

Determined on a case-by-case basis

23.

Alternative configurations for landscaping required in off-street parking lots (e.g. landscape islands) as long as the 30 sf/space (or 40 sf/space for SC and RD zones) requirement is met.

Determined on a case-by-case basis

24.

A reduction in the landscaping requirements for expansions, or change or intensification of use for existing developments (Refer to Section 10-50.60.020, Applicability).

Determined on a case-by-case basis

25.

Residential additions not meeting parking requirements in non-transect zones. An addition to an existing structure, only when the resident cannot meet the two-car parking requirement due to the subject parcel configuration.

400 square feet

26.

An increase in the maximum height building mounted signs may be mounted on the wall of a building.

2 feet

C.    Decision by the Zoning Code Administrator. The Zoning Code Administrator may approve minor modifications in compliance with subsection B. of this section, or may refer the application to the Board of Adjustment for review and final decision in compliance with this section.

D.    Review and Final Decision.

1.    The Zoning Code Administrator in compliance with subsection B. of this section shall review the application for a minor modification and supporting documentation required by Section 10-20.30.020, Application Process, for compliance with the requirements of this Zoning Code. A public hearing shall not be required for the decision on a minor modification.

2.    The Zoning Code Administrator, in compliance with the review schedule on file with Planning Division, shall determine whether the minor modification can be approved or if additional information is required from the applicant (such as a revised traffic impact analysis report, reports assessing potential impacts on utility infrastructure, or a storm water/drainage report) to complete the minor modification application.

3.    The Zoning Code Administrator may approve a minor modification application subject to conditions so long as the development will meet all the other standards or requirements set forth in this Zoning Code which apply to that development, and if the approval would be in compliance with the following findings:

a.    There are special circumstances applicable to the property, including for example its size, shape, topography, location, or surroundings;

b.    Approving a minor modification will not grant special privileges inconsistent with the limitations upon other properties in the vicinity and the zone in which the property is located;

c.    The special circumstances applicable to the property are not self-imposed by any person presently having an interest in the property; and

d.    The requested minor modification will not allow the establishment of a use that is not otherwise permitted in the zone.

4.    Each application shall be reviewed on an individual case-by-case basis and the approval of a prior minor modification is not admissible evidence for the approval of a new minor modification.

5.    A decision of the Zoning Code Administrator may be appealed to the Board of Adjustment following the procedures established in Section 10-20.80.020.C., Appeals of Interpretations of the Zoning Code Administrator and Director.

E.    Minor Modification to Run with the Land. A minor modification approved in compliance with this section shall continue to be valid upon a change of ownership of the business, parcel, service, structure or use that was the subject of the permit application in the same area, configuration and manner as it was originally approved in compliance with this section, and the provisions of Division 10-20.60, Nonconforming Provisions.

(Ord. 2020-11, Amended, 5/5/2020 (Res. 2020-17); Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-20.40.100 Outdoor Lighting Permits

A.    Applicability. Whenever a building permit, electrical permit for outdoor lighting or signs, a conditional use permit, subdivision approval, or site plan approval is required, the applicant shall, as part of said application, submit sufficient information to enable the Director to determine whether the proposed lighting will comply with Division 10-50.70, Outdoor Lighting Standards.

B.    Review and Final Decisions. The Director shall review the application for an outdoor lighting permit and supporting documentation required by Section 10-20.30.020, Application Process, for compliance with the requirements of this Zoning Code. The Director, in compliance with the review schedule on file with the Planning Section, shall determine whether the outdoor lighting permit may be issued or if additional information is required from the applicant. If the outdoor lighting permit application is denied, the reason shall be stated in writing.

1.    The Director’s decision to approve an application for an outdoor lighting permit shall be based on the following:

a.    The proposed lighting is designed in such a manner as to minimize light pollution and trespass to the maximum extent feasible;

b.    The proposed lighting will comply with the general intent of this division;

c.    The permit will be in the public interest; and

d.    For temporary outdoor lighting permits, the purpose for which the lighting is proposed is limited to no more than 30 days.

2.    Temporary Permit Renewals. Temporary outdoor light permits are effective for 30 days. The Director may grant one renewal of a temporary outdoor light permit for an additional 30 days, if it is determined that, because of an unanticipated change in circumstances, a renewal would be in the public interest. The Director may not grant more than one temporary outdoor lighting permit and one renewal for a 30-day period for the same property within one calendar year.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-20.40.110 Parking Lot Maintenance Permits

A.    Purpose. A parking lot maintenance permit is required to ensure that when existing parking lots are repaved, resealed or restriped, compliance with applicable provisions of this Zoning Code is achieved to the maximum extent feasible to ensure the following:

1.    Compliance with the applicable provisions of Section 10-50.80.080, Parking Spaces, Parking Lot Design and Layout, with specific reference to subsection (C) regarding parking for disabled persons;

2.    Safety of pedestrians and vehicles; and

3.    Protection of public utilities, existing trees and other natural resources within the parking lot.

B.    Completion of Maintenance. A parking lot maintenance permit shall be reviewed, approved and issued by the Director prior to the resealing, repaving, or restriping of existing paved parking lots. Site plan review is required for all new parking lots proposed for construction in compliance with Section 10-20.40.140, Site Plan Review and Approval.

C.    Review and Final Decision.

1.    The Director, in compliance with the review schedule on file with the Planning Section, shall review the parking lot maintenance permit application and supporting documentation required by Section 10-20.30.020, Application Process, for compliance with the requirements of this Zoning Code. To the maximum extent feasible, existing nonconforming parking areas constructed prior to the effective date of this Zoning Code should be restriped consistent with the applicable provisions of Division 10-50.80, Parking Standards. However, if the Director determines that such restriping would cause hardship to the property owner because of the size and shape of the parking area, reduction in the number of parking spaces, or potential impacts on utility easements, trees, existing landscape areas, the parking area may be restriped as it was before, except that the required number and dimensions of handicap accessible parking spaces shall be provided in compliance with the standards provided in Section 10-50.80.080(C).

2.    The Director shall determine whether the parking lot maintenance permit can be issued or if additional information is required from the applicant to complete the application.

a.    If the Director determines that the parking area will only be resealed and that restriping will be consistent with the layout of the existing parking area and no changes to the parking area layout are warranted, then the required fee established in Appendix 2, Planning Fee Schedule, shall be waived.

b.    If the Director determines that the parking area will be overlaid with new asphalt and that there may be implications to drainage, existing utilities, or that revisions to the restriping plan are needed and that a follow-up inspection(s) is required, then the required fee established in Appendix 2, Planning Fee Schedule, shall be applied.

3.    If the parking lot maintenance permit application is denied, the reason shall be stated in writing.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-20.40.120 Sign Permit – Permanent Signs

A.    Purpose. This section establishes the permitting requirements for permanent sign structures as described in Section 10-50.100.030, Sign Permit Requirements, to ensure compliance with the applicable provisions of this Zoning Code.

B.    Sign Permit Requirement. Where a sign permit is required by Section 10-50.100.030, Sign Permit Requirements, except as provided in Section 10-50.100.020, Applicability, it shall be unlawful for any person to erect, place, display, alter, repair or relocate a permanent sign structure without first obtaining approval for a permanent sign permit from the Director.

C.    Inadequate Application Material. Permits authorizing the use, construction, reconstruction or alteration of any sign structure may be withheld when inadequate information is submitted to determine if the proposed sign is in compliance with the provisions of Division 10-50.100, Sign Standards. The Director will contact an applicant whose sign permit application is deficient. A sign permit for any sign structure shall not be issued, if the use, construction, reconstruction or alteration is found to be in conflict with the provisions of Division 10-50.100, Sign Standards, and any other applicable City codes.

D.    Review and Approval.

1.    Review. The Director shall review the sign permit application and supporting documentation required by Section 10-20.30.020, Application Process, for compliance with the standards of Division 10-50.100, Sign Standards.

2.    Determination. The Director, in compliance with the review schedule on file with the Planning Section, shall determine whether the sign permit may be issued or if additional information is required from the applicant to complete the permit application. If the sign permit application is denied, the reason shall be stated in writing.

3.    Substitution. At any time after a sign permit is issued, a new owner, tenant or lessee of record may be substituted for the original applicant, if a record of the new interest is made with the City and the new interest assumes all obligations he or she would have had in compliance with the original permit. The change of interest shall not imply that any fees paid for the permit will be returned to either the interest which has been replaced or the substitute.

4.    Expiration. A sign permit shall expire and become null and void, if the work authorized in compliance with the permit is not commenced within 180 days from the date of issuance of such permit, or if work is suspended or abandoned for a period 90 days or more at any time after the work has commenced. If a sign permit has not been obtained within 180 days after the approval of permit plans and issuance of the permit, the Director shall consider the application withdrawn and may destroy any application and plans pertaining to the application.

E.    Construction Requirements. All permanent signs shall be designed, constructed, and installed in compliance with applicable Building Code requirements as determined by the Building Official, and shall be installed in accordance with the Registrar of Contractors’ license requirements for the State of Arizona.

F.    Inspections.

1.    All signs for which a sign permit is required are subject to inspection to establish compliance with the provisions of Division 10-50.100, Sign Standards, as well as the following additional inspections, unless waived in writing by the Building Official:

a.    Footing inspections on all freestanding signs, including the addition of additional sign area to existing signs;

b.    Electrical inspections for all illuminated signs prior to placement;

c.    Inspection of braces, anchors, supports, and connections; and

d.    Final inspection to establish compliance with provisions of this Zoning Code and other applicable City codes.

2.    A reinspection fee (See Appendix 2, Planning Fee Schedule) shall be charged if more than one inspection is made to determine compliance after issuance of a correction notice for an improperly installed sign structure, or after issuance of any notice of violation. No fees shall be charged for an inspection establishing that a violation exists, or for the first inspection following the issuance of a notice of violation. The re-inspection charge shall be imposed if any subsequent inspection is required to determine compliance.

G.    Violations.

1.    Any work commenced without a sign permit, or any work beyond the authorized scope of a sign permit, constitutes a violation of this division and is grounds for the Director to issue a correction notice and/or to stop all work on the sign until appropriate permits are obtained.

2.    Permits issued for work commenced without a sign permit, or any work beyond the authorized scope of a sign permit, shall be assessed double the required permit fees for the sign(s) otherwise as set forth in Appendix 2, Planning Fee Schedule. Payment of a double permit fee shall not exempt any person from compliance with all other provisions of Division 10-50.100, Sign Standards, nor from any penalty prescribed by law.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02); Ord. 2014-27, Amended, 11/18/2014 (Res. 2014-35))

10-20.40.130 Sign Permit – Wall Banners

A.    Purpose. This section establishes the permitting requirements for wall banners as described in Section 10-50.100.090, Portable Signs, to ensure compliance with the applicable provisions of this Zoning Code.

B.    Sign Permit Requirement. It shall be unlawful for any person to erect, place, display, alter, or relocate a wall banner without first obtaining approval for a wall banner sign permit from the Director.

C.    Duration of Wall Banner Sign Permit. The wall banner sign permit will be valid for 30 days beginning with the date of issuance.

D.    Review and Approval.

1.    Application.

a.    An application for a wall banner sign permit for a business located in a multi-tenant development or shopping center shall be made by the property manager or property owner as the applicant on behalf of a business(es) requesting a wall banner sign permit. A business owner who is also the property owner (e.g., in a single-tenant building) is considered the applicant for the purposes of this section, and may submit an application for a wall banner sign permit for the business.

b.    No more than one wall banner per 150 linear feet of property frontage or part thereof shall be permitted at any one time. The property manager or property owner shall be responsible for determining which of the tenants in a multi-tenant development or shopping center will be entitled to a wall banner in accordance with this section.

2.    Review. The Director shall review the wall banner sign permit application and supporting documentation required by Section 10-20.30.020, Application Process, for compliance with the standards of Section 10-50.100.090, Portable Signs.

3.    Determination. The Director, in compliance with the review schedule on file with the Planning Section, shall determine whether the wall banner sign permit may be issued or if additional information is required from the applicant to complete the permit application. If the wall banner sign permit application is denied, the reason will be stated in writing.

4.    Authorization. Issuance of a wall banner sign permit authorizes the holder to install a wall banner in compliance with the terms of the permit. At any time after a wall banner sign permit is issued, a new owner, tenant or lessee of record may be substituted for the original applicant if a record of the new interest is made with the City and the new interest assumes all obligations he or she would have had in compliance with the original permit. The change of interest shall not imply that any fees paid for the permit will be returned to either the interest which has been replaced or the substitute.

E.    Inspections.

1.    All wall banners for which a wall banner sign permit is required are subject to inspection to establish compliance with the provisions of Section 10-50.100.090, Portable Signs, and any other applicable City codes.

2.    A reinspection fee (See Appendix 2, Planning Fee Schedule) will be charged if more than one inspection is made to determine compliance after issuance of a correction notice for an improperly displayed portable sign, or after issuance of any notice of violation. No fees will be charged for an inspection establishing that a violation exists, or for the first inspection following the issuance of a notice of violation. The reinspection charge will be imposed if any subsequent inspection is required to determine compliance.

F.    Violations. Any wall banner installed or displayed without a wall banner sign permit is in violation of this division and will be grounds for the Director to issue a correction notice and/or to cause removal of the portable sign until appropriate permits are obtained.

(Ord. 2016-22, Amended, 6/21/2016 (Res. 2016-13); Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02); Ord. 2014-27, Amended, 11/18/2014 (Res. 2014-35))

10-20.40.140 Site Plan Review and Approval

A.    Purpose. The purpose of this section is to provide a process for the appropriate review of development applications. Site plan review as described in this section follows an optional pre-application review (Section 10-20.30.040) and a required concept plan review (Section 10-20.30.050).

B.    Applicability.

1.    Site Plan Review. Site plan review and approval shall be required for all authorized uses, changes of use and approved conditional uses in any zone, except for the following:

a.    Detached single-family dwellings (up to two on one lot or parcel, where permitted by the zone, including a proposed single-family residence located on a parcel that is not part of a platted subdivision), duplexes, and related accessory uses and buildings in approved subdivisions;

b.    Interior tenant alterations or improvements which do not affect parking requirements or exterior building appearance;

c.    Nonstructural remodeling of a building facade treatment; and

d.    Sign permits for properties not otherwise subject to site plan review.

2.    Architectural Standards. Compliance with the architectural design standards (Division 10-50.20) is required for commercial, multifamily (duplex and greater), institutional, business parks and subdivisions (City Code Chapter 11-20, Subdivision and Land Split Regulations). Architectural standards do not apply to single-family dwellings, industrial uses not defined as business parks, or the Downtown Overlay (DO) zone.

C.    Site Plan Review Application.

1.    Application Requirements. An application for a site plan review shall be submitted on a form prescribed by the City in compliance with Section 10-20.30.020, Application Process, together with the information and materials requested in the site plan review application checklist and the required fee established in Appendix 2 (Planning Fee Schedule).

2.    Standards of Review. When considering an application for site plan review and approval, the Director shall consider the extent to which it:

a.    Complies with all requirements of this Zoning Code;

b.    Complies with the terms and provisions of any prior Zoning Map amendment or conditional use permit;

c.    Adequately and safely provides for vehicular or pedestrian safety, both on and off site, by reason of properly arranged vehicular or pedestrian ingress and egress and internal circulation, or that excessive traffic congestion will not be created; and

d.    Makes adequate provision to protect adjoining properties and structures from excessive and unreasonable nuisances, including for example, noise, vibrations, gases or odors, which might interfere with the use and enjoyment of surrounding properties.

3.    Application Review.

a.    Receipt of Application.

(1)    Upon receipt of an application for site plan review, the Director in compliance with the review schedule on file with the Planning Section shall refer it to any affected departments or agencies, which shall determine whether the application complies with pertinent City standards and regulations.

(2)    The review and administrative approval of charter schools shall be conducted on an expedited basis in compliance with A.R.S. § 15-189.01 to allow for a public hearing or appeal to the Board of Adjustment (see Division 10-20.80, Procedures for Appeals).

b.    Minor Modifications to Site Plans Associated with Zoning Map Amendments. The Director may approve minor modifications to site plans associated with Zoning Map amendments; provided, that the modifications will not cause any of the following to occur:

(1)    A change in the character of the development;

(2)    A significant increase in impacts on utility infrastructure or traffic on roadways adjacent or external to the development;

(3)    A change in the external impacts on adjacent property; or

(4)    A reduction in the originally approved setbacks from property lines or modification of structure height.

c.    Decision by the Director. Upon receipt of the reports from other departments or agencies, the Director shall either approve the development or site plan application as submitted; approve the application with conditions of approval; or deny the application.

d.    Conditions of Approval. The Director may impose conditions of approval as are necessary to safeguard the public welfare, safety and health, including the submission of revised documents incorporating required conditions and modifications.

e.    Figure 10-20.40.140.A., Site Plan Review and Approval, summarizes the procedure for site plan review and approval.

Figure 10-20.40.140.A.

Site Plan Review and Approval

Notes:

1.

Action and public hearings by the Director, Planning Commission, or City Council will be completed in accordance with the review schedule on file with the Community Development Division.

2.

Decision of the Planning Commission can be appealed to the City Council.

4.    Expiration.

a.    A Site Plan Review application shall expire one year from the date that the application was submitted, unless the application has been approved. The Director may authorize a one-time 90-day extension beyond the original expiration date of an application that has not yet been approved or denied. The applicant shall submit a written request for an extension to the Director at least 14 days prior to the date of the Site Plan expiration.

b.    An approved Site Plan shall expire one year from the date the approval was issued if:

i    A building or encroachment permit has not been issued for the improvements related to the site plan;

ii.    The issued building or encroachment permit(s) has/have expired for site plan related improvement;

iii.    A building or encroachment permit is not required, and the lot or parcel has not been used for purpose for which the site plan was approved; or

iv.    The Director has not granted a request to extend the Site Plan approval.

The Director may authorize a one-time one-year extension beyond the original expiration date of an approved site plan; provided, that no revisions to the proposed development are necessary to comply with any amendments to the Zoning Code that may have taken effect since the time of the original approval. The applicant shall submit a written request for an extension to the Director at least 14 days prior to the date of the expiration.

5.    Amendments. The holder of approved site plans may request a modification to the documents or the conditions of approval by submitting amended documents to the Director. If applicable, the amended documents may be filed and processed in compliance with Section 10-20.40.090, Minor Modifications to Development Standards.

(Ord. 2020-11, Amended, 5/5/2020 (Res. 2020-17); Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))

10-20.40.150 Temporary Use Permits

A.    Purpose. The purpose of this section is to allow for short-term activities that are compatible with adjacent and surrounding uses when conducted in compliance with this Zoning Code. Temporary uses are not intended to be permanent uses but are transitional in nature, generally allowing for emergency situations, construction activity, or the cultivation and establishment of small, low-overhead businesses and their eventual relocation into a permanent structure. Except as listed in subsection E. of this section, no temporary use shall be established or maintained unless the Director has approved a temporary use permit in compliance with the requirements of this section and other applicable divisions of this Zoning Code.

B.    Review and Final Decision.

1.    The Director shall review the temporary use permit application and supporting documentation required by Section 10-20.30.020, Application Process, for compliance with the requirements of Section 10-20.40.150, Temporary Use Permits.

2.    The Director, in compliance with the review schedule on file with the Planning Section, shall determine whether the temporary use permit can be issued or if additional information is required from the applicant to complete the application. If the application is denied, the reason shall be stated in writing.

C.    Time Limits.

1.    Unless otherwise provided for in subsection D. of this section, a temporary use permit shall be valid for up to 180 days in any given calendar year.

2.    The same temporary use may only be established at a maximum of three different locations, each for a maximum of 180 days in any given calendar year.

D.     Allowed Temporary Uses. A temporary use permit shall be required for the following temporary activities. Other temporary or short-term activities that do not fall within the categories defined below shall comply with the planning permit requirements and development standards that otherwise apply to the property.

1.    Concerts, Carnivals, Farmers Markets, Flea Markets, Vehicle Sales and Other Special Events.

a.    The event organizer shall provide written authorization from the private property owner(s) or property management company(s) representing the property owner(s) to utilize the property on which they intend to conduct the event.

b.    The use shall be limited to the approved dates, days and hours of operation. The event organizer or an assigned individual shall be present on-site at all times while the event is in operation.

c.    The location of the event, equipment, structures and display(s) shall be a minimum of 10 feet inside the property line and shall conform to an approved site drawing.

d.    There shall be no disruption of vehicle access, traffic flow, pedestrian access ways, or sidewalks or use of landscaped areas.

e.    All signs associated with these events shall be placed in compliance with the provisions of Section 10-50.100.090, Portable Signs.

f.    The use of any outdoor lighting shall be fully shielded in compliance with the provisions of Division 10-50.70, Outdoor Lighting Standards, and shall be extinguished outside of the approved hours of operation.

g.    The event organizer shall adhere to all City sales tax requirements and all applicable Coconino County Health Codes for food preparation, handling, and sales.

h.    These temporary uses permitted in this subsection shall be limited to no more than 10 consecutive days per event and no more than six events on the same parcel within a calendar year, except that farmers markets and flea markets shall be limited as follows:

i.    Flea markets: no more than three consecutive days per event and no more than 24 events on the same parcel within a calendar year.

ii.    Farmers markets: no more than three days per week and for no more than 24 weeks on the same parcel within a calendar year.

i.    These temporary uses may be conducted in all zones provided the event organizer can demonstrate that the site is adequate to support the intended event, anticipated attendance, anticipated vehicle access, and parking, and will not create public health and safety hazards to persons attending the event, and the surrounding uses to the proposed event. The Director may require the event organizer to notify and/or obtain written approval from property owners within 300 feet of the proposed event location if it is determined that the event may impact nearby property owners.

2.    Construction Yard(s) – Off-Site. Off-site contractors’ construction yards, for an approved construction project require a temporary use permit. Written authorization from the property owner(s) or property management company(ies) representing the property owner(s) shall be provided prior to the establishment of the off-site construction yard. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever occurs first. Immediately upon removal of the construction yard(s), the property shall be restored to the condition pre-existing the construction yard(s), or a condition approved by the Director.

3.    Food Vendors.

a.    The food vendor shall provide written authorization from the private property owner(s) or property management company(s) representing the property owner(s) to utilize the property on which they intend to locate. No food vendor shall be permitted to operate on more than five properties within a calendar year.

b.    The use shall be limited to the approved dates, days and hours of operation. The vendor’s operation shall be occupied by the vendor or an employee working for the vendor during the approved hours of operation.

c.    The location of the vendor’s equipment, structures and display(s) shall be a minimum of 10 feet inside the property line and shall conform to an approved site drawing.

d.    There shall be no disruption of vehicle access, traffic flow, pedestrian access ways, or sidewalks or use of landscaped areas.

e.    All signs associated with these events shall be placed in compliance with the provisions of Section 10-50.100.090, Portable Signs.

f.    The use of any outdoor lighting shall be fully shielded in compliance with the provisions of Division 10-50.70, Outdoor Lighting Standards, and shall be extinguished outside of the approved hours of operation.

g.    The vendor shall adhere to all City sales tax requirements and all applicable Coconino County Health codes for food preparation, handling and sales.

h.    Temporary food vendors that operate within the City for a total of 60 days or less per calendar year at a single or multiple locations may continue to use the same location(s) for subsequent calendar years.

i.    Temporary food vendors whose business is limited to a maximum of nine months per calendar year that operate within the City for more than 61 days per calendar year at a single or multiple locations shall be limited to two consecutive years at the same location(s). A one-time extension of the temporary use permit may be granted for a maximum of one additional year. When issuing a renewal of a temporary use permit, the Director shall ensure that the following conditions are satisfied:

i.    All conditions of approval of the original temporary use permit continue to be satisfied;

ii.    Any complaints received relative to conduct and locations of the temporary use have been resolved to the satisfaction of the Director;

iii.    Adequate facilities for trash disposal are located near the temporary use; and

iv.    Any temporary or permanent signs are in compliance with the applicable standards of Division 10-50.100, Sign Standards.

j.    A food vendor who intends to establish a recurring seasonal temporary use where the temporary use is established on a property on an annual basis or other regular time frame, or who seeks to establish the temporary use for more than three years as permitted in subsection C.3.i. of this section, may apply for a conditional use permit for such use following the procedures established in Section 10-20.40.050, Conditional Use Permit.

k.    These temporary food vendor uses shall be limited to any Commercial zone, the RD, LI, and LI-O Industrial zones, and the T5 and T6 Transect zones.

4.    Merchandise and Service Vendors.

a.    Vendors shall provide written authorization from the private property owner(s) or property management company(s) representing the property owner(s) to utilize the property on which they intend to locate. No vendor shall be permitted to operate on more than three properties within a calendar year.

b.    The use shall be limited to the approved dates, days, and hours of operation. The vendor’s operation shall be occupied by the vendor or an employee working for the vendor during the approved hours of operation.

c.    The location of the vendor’s equipment, structures, and display(s) shall be a minimum of 10 feet inside the property line and shall conform to an approved site drawing.

d.    There shall be no disruption of vehicle access, traffic flow, pedestrian access ways, or sidewalks or use of landscaped areas.

e.    All signs associated with these events shall be placed in compliance with the provisions of Section 10-50.100.090, Portable Signs.

f.    The use of any outdoor lighting shall be fully shielded in compliance with the provisions of Division 10-50.70, Outdoor Lighting Standards, and shall be extinguished outside of the approved hours of operation.

g.    The vendor shall adhere to all City sales tax requirements.

h.    Temporary vendors that operate within the City for a total of 60 days or less per calendar year at a single or multiple locations may continue to use the same location(s) for subsequent calendar years.

i.    Temporary vendors that operate within the City for more than 61 days to a maximum of 180 days per calendar year at a single or multiple locations shall be limited to two consecutive years at the same location(s). A one-time extension of the temporary use permit may be granted for a maximum of one additional year. When issuing a renewal of a temporary use permit, the Director shall ensure that the following conditions are satisfied:

i.    All conditions of approval of the original temporary use permit continue to be satisfied;

ii.    Any complaints received relative to conduct and locations of the temporary use have been resolved to the satisfaction of the Director;

iii.    Adequate facilities for trash disposal are located near the temporary use; and

iv.    Any temporary or permanent signs are in compliance with the applicable standards of Division 10-50.100, Sign Standards.

j.    A vendor who intends to establish a recurring temporary use where the temporary use is established on a property on an annual basis or other regular time frame, or who seeks to establish the temporary use for more than three years as permitted in subsection C.4.i. of this section, may apply for a conditional use permit for such use following the procedures established in Section 10-20.40.050, Conditional Use Permit.

k.    These temporary uses shall be limited to any Commercial zone, the RD, LI, and LI-O Industrial zones, and the T5 and T6 Transect zones.

5.    Indoor Special Public Events. The Director may approve a temporary use permit for an indoor special event in any zone for no more than 10 days within any 12-month period. A temporary use permit is not required when the event:

a.    Is in a completely enclosed building in a commercial or residential zone;

b.    Is in a building designed and approved for public assembly;

c.    Must end by 9:00 p.m.; and

d.    The Director may require the applicant to notify adjoining residential property owners if the indoor special public event may have an impact on surrounding property owners due to increased traffic or other concerns. A nonprofit organization shall not be required to pay a fee for the temporary use permit; provided, that the organization requests no more than one permit per year.

6.    Mobile Home or Trailer for Night Watchman. A mobile home or travel trailer at an existing business may be used as a temporary residence for a night watchman. (See also Residence for Owner, Caretaker or Manager as allowed in commercial and industrial zones.)

7.    Model Homes. A model home or model home complex may be authorized prior to the completion of sales in a residential subdivision for a maximum of two years from date of approval.

8.    Promotional Sale Associated with Permanent On-Site Use. A promotional sale is permitted for 30 days when the permanent use first opens and for 10 days per year thereafter.

9.    Temporary Concrete Batch Plants and Asphalt Reprocessing Plants. Temporary concrete batch and asphalt reprocessing plants (including materials processing and handling) require a temporary use permit unless the plant and associated materials are used only for on-site construction.

a.    Permitted in the RR, LI and HI zones.

b.    The applicant shall submit a routing plan for egress and ingress to the proposed plant. Such facilities shall only be allowed access via arterial or collector roads. Access via local or arterial roads serving residential areas shall be prohibited.

c.    Tree removal is not allowed. The applicant shall submit a plan to restore the site after the plant ceases operations.

d.    Such facilities shall be located at least 1,000 feet from any occupied building or residential use, except for an associated office on the same site.

e.    Such facilities shall be shown on a site plan and only be permitted in conjunction with private or public road or public works improvements, newly platted subdivisions, or sites of five acres or more.

f.    Such facilities shall not interfere with natural resources as defined in Division 10-50.90, Resource Protection Standards.

g.    Dust, fumes, vapors, mists, or gas nuisances from operations shall be maintained in accordance with City, State and Federal air pollution standards.

h.    The applicant shall provide a financial assurance in an amount approved by the City Engineer to cover potential damage to roads during plant operations and restoration of the site according to the plan submitted in subsection C.9.c. of this section.

i.    The City Engineer shall review and make recommendations on temporary use permits for these uses.

j.    Temporary use permits for these facilities may be approved for the period of the road or highway work up to a maximum of eight months.

10.    Temporary Real Estate Sales Offices. A temporary real estate sales office may be established within the area of an approved development, solely for the first sale of lots or homes. An application for a temporary use permit for a temporary real estate office may be approved for a maximum of two years from the date of approval, with the option of one two-year extension subject to the approval of an additional temporary use permit.

11.    Temporary Storage of Buildings. The temporary storage of buildings to be relocated to a permanent site shall be subject to a temporary use permit (see Section 10-20.40.040.C.).

12.    Temporary Structures. A temporary classroom, office or similar structure, including a manufactured or mobile unit, may be approved for a maximum of one year from the date of approval, as an accessory use or as the first phase of a development. An extension of one year may be granted by the Director. A temporary structure proposed for a longer time period shall comply with all provisions of this Zoning Code applicable to a permanent structure on the same site.

13.    Temporary Occupancy of a Recreational Vehicle. In any residential zone with a lot or parcel area of at least one-half acre, a recreational vehicle may be used as a temporary residence while a new single-family home is under construction subject to the following conditions:

a.    Only the property owner may live in a recreational vehicle while the new residence is under construction. As soon as construction has been concluded (i.e., a certificate of occupancy has been issued), the recreational vehicle must be vacated and the owners must move into the completed residence; and

b.    The construction of the residence must be diligently pursued to completion, i.e., the residence must be constructed within the typical time frame for constructing such a building. If the residence is not completed within a reasonable period of time, the temporary use permit allowing temporary residence may be terminated by the Zoning Code Administrator.

14.    Temporary Storage Structures.

a.    Emergency situations and construction activities that do not require a building permit. The property owner shall obtain the approval of a temporary use permit within five business days of the emergency, or prior to the place of the structure for construction purposes. The maximum duration that the storage structure may remain on a property:

i.    Residential and Transect Zones. Ninety consecutive days, with the option of a one-time extension of additional 90 consecutive days, for a maximum total of 180 consecutive days within one year from the date that the initial temporary use permit was issued.

ii.    Commercial, Industrial and Public and Open Space Zones. One hundred twenty consecutive days, with the option for a one-time extension of the temporary use permit additional 90 consecutive days, for a maximum total of 210 consecutive days within one year from the date that the initial temporary use permit was issued.

d.     Seasonal Sales Storage Structure.

i.    Zones allowed in: commercial and industrial zones.

ii.    The maximum duration that the storage structure may remain on a property for any one seasonal sale event: 49 consecutive days, with the option for a one-time extension of the temporary use permit additional 14 consecutive days, for a maximum total of 63 consecutive days from the date that the initial temporary use permit was issued.

iii.    Maximum occurrences in a calendar year that a storage structure may be placed on a property for seasonal sales: two.

e.    Placement in All Zones.

i.    Seasonal Sales Storage Structure. In the commercial and industrial zones, storage structure shall be placed on the property of the seasonal sales event in a loading/dock area, or in an area where it is not visible from the public right-of-way.

ii.    All Other Temporary Storage Structures. Storage structures may be placed within the rear, side, street side or front yard setback. A storage structure may be placed in the right-of-way upon obtaining a right-of-way encroachment permit from the City’s Engineering Section.

f.    Prohibited Types of Storage Structures in All Zones. Storage structures mounted on chassis or wheels shall not be allowed.

15.    Temporary Construction Trailer(s) – Off-Site. Construction trailer(s) for an approved construction project that is not located on the lot or parcel of the associated development activity is required to obtain a temporary use permit. Written authorization from the property owner(s) or property management company(ies) representing the property owner(s) shall be provided with the application for a temporary use permit. The construction trailer(s) shall be removed immediately upon completion of the development project, or the expiration of the building permit authorizing the development project, whichever occurs first. Immediately upon removal of the construction trailer(s), the property shall be restored to the condition pre-existing the construction trailer(s), or a condition approved by the Director.

16.    Similar Temporary Activities. The Director may authorize other temporary activities that are similar to the activities listed in this subsection and that are compatible with the applicable zone and surrounding land uses.

E.    Exempt Temporary Activities. The following temporary activities are allowed without a temporary use permit.

1.    Construction Yards – On-Site. On-site contractors’ construction yards for an approved construction project are authorized so long as the construction yard is removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever occurs first.

2.    Emergency Facilities. Emergency public health and safety facilities and activities, including disaster preparedness shelters established in a facility that provides temporary shelter from extremely cold weather or other unusual emergency situations (such as churches or other places of worship) are authorized for the duration of the emergency.

3.    Garage Sales. Any parcel or lot is authorized to have no more than 12 weekend sales per year, and no individual sale may exceed two consecutive days.

4.    Special Events on Public Property. Activities conducted on City-owned property may be authorized by the City and permitted with a special event permit issued by the City Recreation Division.

5.    Seasonal Sales. Seasonal sales (e.g., Christmas trees, pumpkins) are permitted for up to 45 days in commercial zones.

6.    Temporary Work Trailers. A trailer or mobile home used as a construction office or a temporary work site for employees; provided, that:

a.    The use is authorized by a building permit for the trailer and the building permit for the permanent structure; and

b.    The use is appropriate because:

i.    The trailer or mobile home will be in place during the construction of a subdivision, or the construction or remodeling of a permanent commercial or manufacturing structure, for a maximum of one year, or upon expiration of the building permit for the permanent structure, whichever occurs first;

ii.    The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of one year, while a permanent work site is being obtained; and

iii.    The trailer will be removed prior to final building inspection or the issuance of a certificate of occupancy for the permanent structure.

7.    Temporary Storage Structures Associated with a Building Permit. Storage structure(s) used for the purpose of construction activities may be placed on a property after a building permit for the construction activities on the property has been obtained. The owner shall cause the storage structure(s) to be removed from property within seven days after the issuance of a Certificate of Occupancy, certificate of completion, final inspection or expiration of the permit pertaining to the construction activities. Storage structures mounted on chassis shall not be allowed.

8.    Storage Structures Used for Moving in All Zones. For the purpose of loading or unloading contents while in the process of moving, storage structures may be placed on a property for duration not to exceed 14 consecutive days. Storage structures mounted on trailers or wheels shall not be allowed.

9.    Temporary Outdoor Retail Activities, Excluding Seasonal Sales. Retail uses are allowed temporary outdoor activities, such as a garden sale, sidewalk sale (excluding the use of sidewalks in the right-of-way), sales promotion, or a similar activity as determined by the Zoning Administrator.

a.    The maximum occurrences that a temporary outdoor retail activity may occur on a property: one occurrence per month.

b.    Maximum duration of any one occurrence of a temporary outdoor retail activity: 14 consecutive days.

c.    A temporary outdoor retail activity shall occur on the same property as the primary retail use that is directly associated with the activity. The temporary retail activity shall not create a nuisance (noise, smoke, odor, dust, vibration or illumination) that is greater than the primary retail use directly associated with the activity.

(Ord. 2019-32, Amended, 11/5/2019 (Res. 2019-49); Ord. 2019-22, Amended, 7/2/2019 (Res. 2019-31); Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02); Ord. 2014-27, Amended, 11/18/2014 (Res. 2014-35))

10-20.40.160 Zoning Verification

A.    Purpose. Zoning verification letters may be requested from the Director by a property owner or a representative for a property owner who is seeking verification of the zoning status for a property. Other associated information may also be requested and provided, if available, such as any development approvals granted by the City, existing nonconformities or violations.

B.    Process for Review. Upon receipt of a complete zoning verification request, the Director, in compliance with the review schedule on file with the Planning Section, shall:

1.    Verify the zoning and surrounding zoning in which the property is located.

2.    Determine the current use of the property.

3.    Identify if there are any documented violations or nonconformities for the property.

4.    Research and review the development history of the subject property.

5.    Conduct any other research or background checks to reasonably provide the information as requested by the property owner.

6.    Prepare a final zoning verification letter for transmission to the property owner or a representative for the property owner.

(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))