11-70-4: - TEMPORARY USE PERMIT
A temporary use permit is a discretionary authorization for certain uses that are intended to be of limited duration and will not permanently alter the character or physical conditions of the site where they occur. All temporary uses must comply with the requirements in Section 11-31-30 for temporary uses, as applicable, and all the requirements below:
A. Uses subject to Temporary Use Permits. Uses requiring a temporary use permit are established in the use tables in Chapters 4 through 15 and Chapter 56. Uses requiring a temporary use permit will also require a Special Event License in accordance with Title 5 of the Mesa City Code.
B. Permit application and procedures. In addition to the applicable requirements and procedures provided in Chapter 67, Common Procedures, the following specific procedures apply:
1. A completed application for a Temporary Use Permit must be submitted at least 45 days before the use is intended to begin.
2. The application must include all information required in the official process guide and application packet for temporary use permits made available by the Development Services Department. The Zoning Administrator or designee may require additional information as necessary, based on the nature of the proposed temporary use.
3. Written property owner permission is required for all temporary uses.
4. Each occurrence of a temporary use requires a separate completed application and approval of a temporary use permit.
C. Required findings. A Temporary Use Permit shall only be granted if the Zoning Administrator determines that the proposed temporary use, as submitted or modified, conforms to all of the following criteria:
1. The proposed use will not permanently alter the site on which it is located;
2. The proposed use will not unreasonably affect or have a negative impact on adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or the general welfare of the City;
3. The proposed use is consistent with land uses permitted by the Zoning District within which the site is located, and land uses consistent with the general plan land use designation of the site;
4. The proposed use complies with all development standards applicable to the Zoning District in which the use is located unless specifically stated otherwise in Section 11-31-30: Temporary Uses; and
5. The proposed site, if undeveloped, contains sufficient land area to allow the temporary use to occur, including sufficient room for parking, traffic movements, and structures associated with the temporary use.
D. Permit duration, extensions and revocation.
1. Duration. A Temporary Use Permit must not exceed the duration established for the use, and if no duration is established for the use, the duration of the temporary use permit will be limited to 90 days per calendar year.
2. Occurrence. No more than three (3) temporary uses may occur on one property per calendar year.
3. Extensions. The Zoning Administrator may extend a temporary use permit as follows:
a. One time for a maximum of 30 additional calendar days per calendar year.
b. Any extension beyond the extension granted by the Zoning Administrator as set forth above must be processed as a Special Use Permit and approved by the Board of Adjustment.
c. When considering an extension of a Temporary Use Permit, the Zoning Administrator, or Board of Adjustment, may impose reasonable conditions deemed necessary to achieve the findings for a Temporary Use Permit listed above. The conditions may include but need not be limited to: regulation of vehicular ingress and egress and traffic circulation; regulation of dust control surfaces; regulation of lighting; regulation of hours of operation; submission of final plans to ensure compliance with conditions of approval, and such other conditions as the Zoning Administrator or Board of Adjustment may deem appropriate.
4. Revocation. The Zoning Administrator may revoke a Temporary Use Permit at any time, if the use no longer satisfies the criteria required by Section 11-70-4(C) or poses a threat to public health, safety, or welfare.
(Ord. No. 5759, § 10, 12-8-22)
