708 Temporary uses.

A.    Purpose. The purpose of the temporary uses section is to regulate limited duration uses not otherwise allowed in the applicable zoning districts. *3 *5

The Planning and Development Director may issue an administrative temporary use permit upon written request and submission of an application. Any approval is contingent upon this section, city policy, and written stipulations contained on the permit. +5

A temporary use permit allows for a temporary use that does not meet the requirements of an administrative temporary use permit. An application per Section 307 shall be filed to request approval of a temporary use permit. +5

B.    General Regulations. These provisions apply to both administrative temporary use permits and temporary use permits. Temporary uses shall mean either a land use or a structure on the parcel. *5

1.    Temporary uses shall be accessory to the primary use on the lot, and may be either indoors or outdoors. The Planning and Development Director may waive this requirement based upon the following criteria: +5

a.    There exists a substantial need for it to be considered a primary use for a limited period of time, +5

b.    Necessary to enjoy reasonable and substantial property rights, +5

c.    Will not create an adverse impact on other properties or persons within the vicinity. +5

2.    The Planning and Development Director may revoke a temporary use permit if any conditions or stipulations are not met. +5

3.    Temporary uses or structures shall not be permitted within a Planned Unit Development (PUD) zoning district unless otherwise authorized in the PUD. This provision does not apply to PUDs with an adopted ordinance prior to August 6, 2011, the effective date of Ordinance No. G-5644. +5

C.    Administrative Temporary Use Permit. An administrative temporary use permit (ATUP) is subject to the following: +5

1.    An administrative temporary use permit is required for the following uses or analogous uses: +5

a.    Community or other special events on commercial properties. +5

b.    Interim surface parking or temporary event parking. +5

c.    Promotional events for commercial retail or service businesses. +5

d.    Temporary residential dwelling units or residential accessory structures during construction. +5

e.    Temporary employment offices during construction. +5

f.    Portable searchlights. +5

g.    Promotional vehicle sales for sites with a minimum of 20 contiguous acres in size and conducted by an existing licensed auto dealership. +5

h.    Temporary generators. +5

i.    Temporary construction yards or staging areas. +5

j.    Farmers markets on C-1, C-2, C-3, A-1, or A-2 zoned properties, provided no food or beverages are dispensed from a vehicle. +8

2.    Applicants shall submit the following: +5

a.    Application form. +5

b.    Address or location of property. +5

c.    Notarized letter of authorization from the property owner of record or a person who has been granted written authorization by the owner to act on his behalf giving permission to have the specified use on the property. If a notarized letter from the property owner is not provided then a notarized letter from the person who has been granted written authorization by the property owner to act on his behalf shall be provided at the time of application. The agent must be approved to authorize and locate a container on the parcel. A permit may be revoked if fraudulent materials are submitted as part of the application process. +6

d.    Letter of authorization from the property owner giving permission to hold the event on specified days and times. +5 *6

e.    Site plan showing the location of event on subject property. +5 *6

f.    Submittal fee in accordance with Appendix A of the Zoning Ordinance. +5 *6

3.    The Planning and Development Director shall review applications and may grant approval based upon the following criteria: +5

a.    The use shall not cause a significant increase in odor, dust, gas, noise, vibration, smoke, heat, or glare at a level exceeding that of ambient conditions. +5

b.    The use shall comply with all other codes and ordinances. +5

c.    The use shall not reduce the number of parking spaces below the number required by the Zoning Ordinance for the existing uses. +5

d.    Dates, times, duration, and other requirements shall be in accordance with the following, or as otherwise may be limited by the Planning and Development Director and listed on the permit. +5

(1)    The approval of the following shall not exceed a length of five consecutive days with a maximum of five events per calendar year and a maximum of two events per month: +5

(a)    Community or other special events on commercial properties. +5

(b)    Promotional vehicle sales for sites with a minimum of 20 contiguous acres in size conducted by an existing licensed auto dealership. +5

(c)    Temporary event parking. +5

(2)    The approval of the following shall not exceed a length of five consecutive days with a maximum of 12 events per calendar year and a maximum of two events per month: +5

(a)    Promotional events for commercial retail or service businesses. +5

(b)    Portable searchlights. +5

(3)    The following uses may be approved for up to one year: +5

(a)    Temporary residential dwelling units or residential accessory structures during construction. +5

(b)    Temporary employment offices during construction. +5

(c)    Temporary generators. +5

(d)    Temporary construction yards or staging areas. +5

(e)    Interim surface parking. +5

(f)    Farmers markets on C-1, C-2, C-3, A-1, or A-2 zoned properties, provided no food or beverages are dispensed from a vehicle. +8

e.    The use shall not emit direct light that is greater than one foot candle at the property line or broadcast sound beyond the boundaries of the property on which the use is conducted unless approved by the Planning and Development Director. +5

f.    An administrative temporary use permit for a parcel may be denied when the property owner has been issued a notice of violation that was related to previous temporary uses within the last two years. +5

4.    Uses that require an administrative temporary use permit may not be altered or expanded unless approved by the Planning and Development Director. +5

D.    Temporary Use Permits. Other than a mobile vendor use or mobile vending unit, a temporary use permit shall be obtained pursuant to Section 307 as follows: +2 *5

1.    The Zoning Administrator may grant a temporary use permit for up to 36 months. A time extension of no more than six months may be granted only through an additional use permit hearing. +2 *5

2.    The following will apply to sites with approved use permits prior to August 6, 2011, the effective date of Ordinance No. G-5644: If the temporary use is recurring and occurs less than 50 days during the calendar year, then a use permit must be obtained for each of the first two years. In the third and consecutive, subsequent years, no use permit approval shall be required to continue the temporary use permitted by the use permit upon complying with the following: (a) payment of the application fee set forth in the City Code; and (b) upon a finding by the Zoning Administrator that the temporary use has not been detrimental to persons residing or working in the vicinity, to adjacent property or to the neighborhood. +2 *5

E.    A nonresidential use in a residential district may have a temporary use upon a finding by the Zoning Administrator that the temporary use meets the following criteria: +2 *5

1.    The subject parcel must have its primary driveway on an arterial street. Ingress and egress to the site during the time period the temporary use is functioning is restricted to arterial street driveways. +2 *5

2.    The subject parcel shall have no zoning violations on record for the previous 12 months. +2 *5

3.    The use or structure shall comply with all other applicable codes and ordinances. +2 *5

4.    The approval shall not exceed a length of three consecutive days (excluding installation and removal) with a maximum of four events per calendar year. +2 *5

5.    The use or structure shall be set back a minimum of 50 feet from the lot line of any adjacent residential use. +2 *5

6.    The number of parking spaces shall not be reduced below the number of spaces required by the Zoning Ordinance or below ten percent of the spaces provided, whichever is greater. +2 *5

7.    The use shall not be conducted between the hours of 10:00 p.m. and 8:00 a.m. +2 *5

8.    No direct light or sound associated with such use or structure shall be visible or broadcast beyond the boundaries of the lot. +2 *5

9.    A third party, commercial use that is unrelated to the primary use of the subject parcel may not sell retail merchandise indoors or out-of-doors, unless the third party is a nonprofit organization. +2 *5

10.    A fee has been paid in an amount equal to the minor promotional event fee set forth in the zoning fee schedule of this code. +2 *5

F.    Reserved. -5

G.    A searchlight may be located within a C-1, C-2, C-3, A-1, A-2, Commerce Park, PSC, or RSC district so long as it is not placed within one hundred fifty feet of an occupied residence. +1

H.    A searchlight display may consist of two searchlights. Additional lights may be authorized with a use permit. +1

I.    A searchlight display may be located on a property for twelve days in any calendar year. Additional days may be authorized with a use permit. +1

1.    A searchlight display may be located on a shopping center containing seventy-five acres or more or at the Veterans Memorial Coliseum so long as said light is not placed within three hundred feet of an occupied residence, notwithstanding the provisions of subsection G. +1

2.    Notwithstanding the other provisions of this section, a searchlight may be displayed at a grand opening within one hundred fifty feet of an occupied residence and shall not be displayed for more than three days in any calendar year. +1

J.    A form, furnished by the Planning and Development Department, shall be submitted to the Planning and Development Department for each searchlight display. If not submitted prior to the occurrence, it shall be postmarked no later than the date of the display. +1

K.    No searchlight shall be operated between the hours of 11:00 p.m. and dawn. +1

L.    Charitable Drop Box Container Permit. A charitable drop box container permit is subject to the following: +6

1.    An annual permit is required for the following uses or analogous uses: +6

a.    Charitable drop box containers. +6

(1)    Containers are permitted in C-0, C-1, C-2, C-3, and Commerce Park Zoning Districts. Containers are also permitted on residentially zoned properties with public assembly uses. +6

(2)    Must be a container constructed of painted metal, rubber, wood, or plastic, and shall be maintained in a safe and non-blighted condition. The owner or operator of a container shall remove any material left in and around the container within 24 hours of receiving written notification from the property owner, or City of Phoenix. If more than 25 percent of a container is damaged or vandalized, it must be removed within five business days of written notification. If there is a public health, safety or welfare concern pursuant to Chapter 27 of the City Code, the container must then be removed within 24 hours of written notification. +6

(3)    The container shall be no more than six cubic yards in capacity and must have a locking lid or a latch that meets the requirements of Chapter 27 of the City Code. There shall be no more than two containers on any one property or center, whichever is most restrictive. A property may contain one 12-cubic-yard container in lieu of two six-cubic-yard containers. The Planning and Development Director may approve more than two containers on properties that are greater than 10 acres in size if the additional containers are located on a different street frontage and spaced a minimum of 500 feet from the other containers. +6

(4)    The container shall be clearly marked to identify the specific items and materials requested to be left for donations, the name, telephone number and email address of the owner or operator of the container that may be used for contact at any time. A notice shall also be on the container that items shall not be left outside of the container and a statement that no hazardous materials may be placed inside the containers pursuant to Chapter 27 of the City Code. The container shall also list the name of the non-profit entity that shares the donated item profits. +6

(5)    Containers shall not be permitted in a location that impacts required parking vehicular circulation, loading zones, or landscaping. +6

(6)    Each container may be permitted for up to one year. Each container permit may be renewed on an annual basis pursuant to compliance with Section 708.C.3. +6

(7)    The City may consider prior permit revocations due to fraudulent application information when granting new charitable drop box permits. +6

(8)    A property owner shall control the permit not the permitee. As such, the owner or authorized agent may rescind their authorization for the container at any time and the permit shall be revoked. +6

(9)    Permits are not required when the container is in compliance pursuant to Section 608.E.1. +6

M.    Interim Vacant Land Uses. Interim vacant land uses are permitted as follows: +7

1.    For properties abutting an arterial street with light rail except within the Downtown Code District, an administrative temporary use permit (ATUP) is required, subject to the following: +7

a.    All structures and site layout shall comply with all applicable design standards in accordance with Section 507 Tab A and must specifically address landscaping and accessible route improvements. +7

b.    The City may revoke the administrative temporary use permit if the application contains material misinformation or misrepresentation. The City may also revoke the administrative temporary use permit if the site is not maintained in compliance with applicable requirements in the City codes and ordinances. +7

c.    The initial administrative temporary use permit may be permitted for up to one year. The permit may be renewed on an annual basis thereafter. +7

2.    For properties located outside the areas described in Section 708.M.1 but within the infill development district as adopted in the General Plan, a temporary use permit is required, subject to the following: +7

a.    Applicant must include a site plan with the use permit application that shows the proposed improvements to the vacant land. The site plan must comply with all applicable design standards of Section 507 Tab A of the Zoning Ordinance. +7

b.    The Zoning Administrator may grant a temporary use permit for up to 36 months. Extensions of the use permit may be extended for three-year increments. +7

3.    For sites abutting single-family zoned properties and properties within a historic preservation overlay: +7

a.    Primary building setbacks for the abutting single-family district apply. +7

b.    Lot coverage and building height for structures exceeding six feet in height should not exceed 50 percent of the requirements of the abutting single-family district. +7

c.    Any signage must comply with Section 705. +7

4.    Any retail sales must occur within an occupiable space as defined in the Building Code. +7

5.    Surface parking is permitted as an accessory use. The number of spaces provided shall not exceed three spaces per 10,000 square feet of lot area. +7

Date of Addition/Revision/Deletion - Section 708

+1 Addition on 6-3-1992 by Ordinance No. G-3530

+2 Addition on 1-20-1999 by Ordinance No. G-4155

*2 Revision on 1-20-1999 by Ordinance No. G-4155

*3 Revision on 10-4-2000 by Ordinance No. G-4298 (effective 2-1-2001)

*4 Revision on 4-17-2002 by Ordinance No. G-4426, eff. 5-17-2002

+5 Addition on 7-6-2011 by Ordinance No. G-5644, eff. 8-5-2011

-5 Deletion on 7-6-2011 by Ordinance No. G-5644, eff. 8-5-2011

*5 Revision on 7-6-2011 by Ordinance No. G-5644, eff. 8-5-2011

+6 Addition on 10-2-2013 by Ordinance No. G-5846, eff. 1-1-2014

*6 Revision on 10-2-2013 by Ordinance No. G-5846, eff. 1-1-2014

+7 Addition on 6-1-2016 by Ordinance No. G-6175, eff. 7-1-2016

+8 Addition on 6-1-2016 by Ordinance No. G-6177, eff. 7-1-2016