Chapter 18.90
TEMPORARY USES
Sections:
18.90.010 Purpose and objectives.
18.90.030 Prior approval required.
18.90.040 Standards and requirements.
18.90.050 Revocation of permit.
18.90.060 Business license required.
18.90.080 Christmas tree sales – Permit.
18.90.090 City celebrations or events.
18.90.010 Purpose and objectives.
The following regulations are provided to accommodate those uses of land or buildings which are temporary in nature and are not therefore listed as regular permitted or conditional uses in any zone of the City. The character of these uses is such that proper conditions are required to protect adjacent properties and the general health, safety, and welfare of citizens. Any building or structure which does not meet the requirements of this section shall be treated as a permanent land use and shall conform to all required standards of the building, health, fire, zoning, and other similar codes. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.16.1, 1993.)
18.90.020 Uses allowed.
Uses allowed on a temporary basis in accordance with provisions of this section may include, but are not limited to, the following: carnivals, circuses, fireworks stands, fireworks displays, Christmas tree lots, promotional displays, revivals, retreats, political rallies, or campaign headquarters. Uses shall be allowed for not more than 30 days’ duration and shall not be allowed in sensitive lands.
A temporary use permit shall not be required for a garage sale, provided that the garage sale shall not operate for more than a total of five days in any calendar year, and shall be conducted by bona fide residents of the premises. Goods for sale shall consist of personal belongings of the residents. Goods offered for sale shall not be placed over a public sidewalk or in a public right-of-way. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.16.2, 1993.)
18.90.030 Prior approval required.
Prior to the establishment of any of the above uses, or any qualifying temporary use (except fireworks stands or fireworks displays which shall be administered by the South Summit Fire District), a temporary use permit must be obtained from the Planning Commission with any conditions specified on the permit as required by the City. A temporary use permit shall not be construed as a conditional use permit and therefore is not required to meet the notification requirements of this title and FCC Title 17; however, the application procedure is similar to a conditional use permit in that specific conditions may be required of the applicant and compliance to the conditions and the International Building Code, if applicable, shall become necessary to the granting, continuance or administration of the permit. The granting of the permit shall require the following findings:
1. That the conduct of the requested use will not have any detrimental effects on adjacent properties and will be in general harmony with surrounding uses.
2. That the requested use will not create excessive traffic or parking hazards on adjacent streets and that traffic control, if necessary, shall be provided at the expense of the applicant.
3. That the applicant shall have sufficient liability insurance for the requested use or event. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.16.3, 1993.)
18.90.040 Standards and requirements.
A temporary use established under the provisions of this chapter shall conform to the following standards and requirements:
1. Any structure requiring sanitary facilities by building, fire, health, or other similar codes shall be located on the same lot as a host structure unless independent water and sewer service is provided to the temporary structure. Where such codes require sanitary facilities, they may be provided if there is:
a. Valid food handler permits issued.
b. No indoor seating of patrons.
c. Written evidence that a host structure will provide permanent sanitary facilities for any employees and that such facilities are conveniently located not more than 300 feet from the structure and will be accessible during all periods of operation of the use.
d. Written evidence from the City or County Health Department that all food will be prepared and delivered from an approved commissary and that all waste resulting from the operation of the use will be properly disposed.
2. Parking, access, circulation, and other significant elements of any other uses or structures existing on the site shall be handled on a case-by-case basis. Approval for each temporary use permit shall bear an expiration date based upon the nature of the use. In no case shall approval be given for a period exceeding 30 calendar days. Garage sales need not obtain a temporary use permit, but shall not operate the sale for a period exceeding five calendar days in any calendar year, and shall be conducted by bona fide residents or lessors of the premises. If any temporary structure becomes vacant prior to the expiration of the permit, it shall be removed within 15 calendar days of the vacancy. (Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 3.16.4, 1999; Ord. 66 § 3.16.4, 1993.)
18.90.050 Revocation of permit.
A permit may be revoked in the event of a violation of any of the provisions of this section or the conditions set forth in the temporary use permit. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.16.5, 1993.)
18.90.060 Business license required.
A temporary use permit is not a business license and the granting of said permit shall not relieve the permittee of any other license requirement of the City or any other public agency. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.16.6, 1993.)
18.90.070 Fees.
In order to offset a portion of the costs incurred by the City in processing temporary use permits, a fee may be charged as established by the City in its fee resolutions as may be applicable at the time. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.16.7, 1993.)
18.90.080 Christmas tree sales – Permit.
It shall be unlawful for any person to sell or offer for sale in the City any cut fir, evergreen, or Christmas tree without a permit, except when the permit requirement is specifically waived by the Planning Commission. The permit required by this section shall allow tree sales for a period of 30 days ending December 25th of the year in which the permit is issued. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.16.8, 1993.)
18.90.090 City celebrations or events.
Any City-sponsored celebrations or special events of a temporary nature are exempt from the requirements of obtaining a temporary use permit as described by this chapter. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.16.9, 1993.)