Section 8-3-4 Exemptions
As long as the following activities are in compliance with all Town codes, ordinances and regulations, they are exempt from the Special Event permitting requirements of this Article:
A. “Block Party” as defined in Section 8-3-2 of this Article. Block Party events are exempt from the Special Event process but do require the administrative approval of a right-of-way encroachment permit from the Town.
B. “Farmer’s Market”, “Bazaar Days”, “Market Days”, “Sidewalk Sale”, as defined in Section 8-3-2 of this Article. Said activities require the application and issuance of a temporary use permit from the Development Services Department pursuant to the Town’s Zoning Ordinance, Section 5.16.
C. Garage sales, including carport, estate sales, and yard sales, so long as such sales are (1) carried on wholly within the property lines on which the dwelling unit is located, (2) held for the purpose of selling items that are primarily surplus to the residential use, (3) operated for not more than three consecutive days and held not more than four times within a calendar year at the same dwelling unit, (4) limited to the hours between 7:00 a.m. and 5:00 p.m. and (5) advertised using signage in conformance with the sign regulations as designated in Chapter 6 of the Zoning Ordinance for the Town of Fountain Hills.
D. Construction activity within the public rights-of-way that has encroachment permits approved and issued by the Development Services Department.
E. Holiday sales that are related to a state or nationally recognized holiday or season such as Christmas tree or pumpkin sales. Holiday sales must be set up and conducted in one location and obtain a temporary use permit through the Development Services Department.
F. Fund-raising Special Events held by Charitable Nonprofit Organizations that meet the following criteria:
1. The fund-raising Special Event shall be carried on entirely within a building, or if outdoors, entirely within a clearly defined/designated piece of public or private property. If the fund-raising Special Event involves outdoor activity, such activity shall be limited to six outdoor Special Events per year per organization.
2. All proceeds derived from the Special Event shall go to one or more Charitable Nonprofit Organization(s).
3. Adequate parking must be available for the fund-raising Special Event. If outdoor Special Events occupy more than 25% of the area normally used for parking, creating the need for off-site parking and the possibility of traffic or safety hazards, Town officials shall be notified to determine if Town services are required. If the Town Manager or the authorized designee determines that Town services are required, the fundraising Special Event shall be subject to a Special Event permit.
4. Signs must comply with the sign regulations as designated in Chapter 6 of the Zoning Ordinance for the Town of Fountain Hills.
5. If the fundraising Special Event involves an activity that would typically require a temporary use permit under the Town’s Zoning Ordinance, a temporary use permit must be obtained prior to the Special Event.
G. A governmental, educational or religious organization acting within the normal course and scope of its typical functions or activities. (16-01, Amended, 08/18/2016; 11-13, Added, 11/03/2011; 01-09, Added, 05/17/2001)