(A) Purpose. This section sets forth procedures for considering and approving a temporary use permit. The purpose of this section is to accommodate certain land uses which are temporary in nature and are not permitted or conditional uses in any zone. The character of such uses requires proper conditions to protect the owners, occupants and users of adjacent property. The provisions of this section shall apply to the temporary uses enumerated herein. Any building or structure not conforming to the requirements of this section shall be deemed a permanent use and shall be allowed only if such use is a permitted or conditional use in the zone where the use is located. Uses and events not specifically identified by this section are not allowed as temporary uses. The requirements of this section shall not be construed to prohibit or limit other applicable provisions of this chapter, this code and other laws. Unless otherwise specified herein, temporary use occurrences shall be counted based on either the applicant for the event or at the location of the event, whichever is greater. This subchapter shall not apply to activities lawfully conducted by a government agency.
(B) Authority. The Zoning Administrator is authorized to issue temporary use permits as provided in this section, except for large events.
(C) Initiation. Any person may apply for a temporary use permit as provided in this section, subject to compliance with the provisions of this section and this chapter.
(D) Temporary use permit required. Unless exempt under the provisions of this section, no person shall install or conduct any temporary use without obtaining a temporary use permit issued pursuant to the requirements of this section and this chapter and the development standards of this section. Any event exempted herein from the provisions of this section may request the assistance provided through the permitting process by submitting a complete application, including payment of all fees, for a temporary use permit.
(1) Exemptions.
(a) Personal garage or yard sales conducted on a residential lot or parcel as long as no nuisance or traffic violations occur;
(b) Neighborhood stands conducted by residents on their own property for passersby;
(c) Approved county fairgrounds uses, as defined by this chapter;
(d) Use of sidewalks, trails or other pedestrian pathways as a means of transportation of a group to or from an event or activity or for travel from place to place;
(e) Events requiring rental or reservation of a county park or other permissible county facility, but not including large events as defined by this section;
(f) Activities or events within a structure or on a site for which the structure or site were specifically designed, including, but not limited to:
1. School sports, Little League or community organized sports, activities or events, on school or other public property, regardless of public or private schools, sponsored or sanctioned by the state’s High School Activities Association (UHSAA) or the school district in which the school is located;
2. Meetings or gatherings as a part of the normal course of business; or
3. On-site school programs or activities for the attendance of students, relatives and guests which are not of a money-raising nature.
(g) Events or activities that fully comply with all of the following:
1. The event or activity is completely contained on private property for which the property owner has given permission for the event or activity;
2. Attendance at the event or activity does not exceed the determined capacity for any building in which the event or activity will be held;
3. No public services such as police, fire or ambulance, are anticipated to be needed on-site for the event, whether for traffic control, on standby or for security at the site;
4. Adequate restroom facilities are readily available on the site for attendees at the event or activity;
5. Sales of alcohol will not be conducted as a part of the event;
6. Traffic, crowd or parking control is not needed to accommodate attendees; and
7. No vendors profiting separately from the overall event are within, a part of or associated with the event.
(i) Auctions.
(2) Uses allowed. Any person may sponsor or conduct for profit or nonprofit purposes the temporary uses set forth below subject to the issuance of a temporary use permit, unless under express provisions of this section no such permit is required:
(a) Christmas tree sales;
(b) Farmers’ market;
(c) Festival, show, exhibit, circus, carnival, competition, outdoor dance, community fair, concert, television or film production or other activity of a similar nature;
(d) Fireworks stand;
(e) Produce stand;
(f) Motorized vehicle sales by a licensed dealer;
(g) Temporary construction or model home office; and
(h) Temporary retail sales.
(E) Procedure. An application for a temporary use permit shall be considered and processed as provided in this division (E).
(1) A complete application shall be submitted to the office of the Zoning Administrator in a form established by the Administrator along with any fee established by the county’s adopted fee schedule. The application shall include at least the following information:
(a) The name, address and telephone number of the applicant and the applicant’s agent, if any;
(b) The name and address of the applicant and the name and address of every person or company the applicant represents;
(c) The person chiefly responsible for the event or use and/or the sponsoring organization and its chief officer;
(d) The requested temporary use;
(e) The place, date, time of the event and hours of operation of the proposed use;
(f) A statement of the approximate number of persons, animals and/or vehicles which will participate in the event or be generated by the use and an explanation of how said number was derived such as number of presold tickets, available seating and/or parking and past experience with similar activities;
(g) The following maps, plans and documents evidencing sufficient measures to be taken to reasonably protect the health, safety and welfare of patrons and the public in general:
1. A scaled drawing of the area in which the event is to be held or the use conducted, showing the location of any existing structures and improvements on the site of the proposed temporary use, including, but not limited to, parking areas, curbs, gutters, sidewalks and outside storage areas; and
2. Sufficient evidence to demonstrate that the temporary use will meet the general and specific requirements of this section and this chapter.
(h) Other such items as reasonably requested by the Zoning Administrator to determine the feasibility of the temporary use.
(2) After the application is determined to be complete, the Zoning Administrator shall solicit recommendations, as applicable, from the local Fire Code Official, the Weber/Morgan County Health Department, County Engineer and County Sheriff. Thereafter the Zoning Administrator shall approve, approve with conditions or deny the application pursuant to the standards set forth in this section and this chapter. Any conditions of approval shall be limited to conditions needed to conform the temporary use permit to approval standards.
(3) After making a decision, the Zoning Administrator shall give the applicant written notice of the decision.
(4) A record of all temporary use permits shall be maintained in the office of the Zoning Administrator.
(F) Approval standards. The following standards shall apply to the issuance of a temporary use permit:
(1) A temporary use shall conform to:
(a) The development standards set forth in this section; and
(b) Any recommendations received from the local Fire Code Official, Weber/Morgan County Health Department, County Engineer and County Sheriff.
(2) No temporary use permit shall be issued unless the Zoning Administrator finds the proposed temporary use:
(a) Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working within the vicinity, or injurious to property, improvements or the public in general;
(b) Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area, nor block traffic lanes or hinder traffic during peak commuter hours on weekdays on any primary arterial street or principal commuter route designated by the county;
(c) Will not conflict with construction or development in the public right-of- way or at public facilities;
(d) Will not unduly interfere with the movement of police, fire, ambulance or other emergency vehicles on the streets, nor require the diversion of so great a number of police, fire or other essential public employees from their normal duties as to prevent reasonable police, fire or other public services protection to the remainder of the county;
(e) Will not conflict with nor be incompatible with the permitted uses and regulations of the zone within which the temporary use is located; and
(f) Is in compliance with regulations, conditions and licensing requirements of applicable provisions of this code.
(G) Appeal of decision. Any person adversely affected by a decision of the Zoning Administrator regarding a temporary use permit may appeal to the County Commission. In this case, the County Commission shall act as the appeal authority, in accordance with the provisions of this chapter. In cases where the County Commission makes the final decision on a temporary use permit, such as large events, the appeal shall be brought directly to district court, in accordance with state law.
(H) Effect of approval. Approval of a temporary use permit shall authorize an applicant to engage in the temporary use subject to any conditions of approval.
(I) Amendments. The procedure for amending any temporary use permit shall be the same as the original procedure set forth in this section.
(J) Revocation.
(1) A temporary use permit may be revoked when the Zoning Administrator or his or her designee determines that actions taken thereunder do not conform to plans, specifications or conditions of the permit; that the same was procured by false representation or was issued by mistake; or that any of the provisions of this chapter are being violated.
(2) Written notice of such revocation shall be served upon the owner, his or her agent or contractor, or upon any person employed at the site of the building or structure for which such permit was issued or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.
(K) Expiration. A temporary use permit shall expire as provided in this section. Extensions of time shall be prohibited.
(L) Development standards; general provisions. The development standards set forth in this section shall apply to any temporary use.
(1) Accessory use. As determined by the Zoning Administrator, a temporary use shall be:
(a) An accessory use in the zone where the use is proposed to be located; or
(b) Compatible, in terms of character and intensity of use, with permitted or conditional uses allowed in such zone.
(2) Owner approval. The owner of the property where a temporary use is proposed shall provide a written statement authorizing the use.
(3) Access. Specific areas shall be designated for ingress and egress of vehicular traffic and for patron admission, ensuring the safety of patrons, the exclusion of persons not entitled to entry and the enforcement of state and local laws and ordinances. The adequacy of such areas shall be based upon the number of patrons reasonably expected to attend the temporary use.
(4) Insurance. When deemed necessary by the Zoning Administrator for public health and safety reasons, a temporary use permit applicant shall provide liability insurance for benefit of the county. Such insurance shall:
(a) Name the county as an insured;
(b) Hold the county harmless from any claim arising from personal injury or property damage resulting from the temporary use; and
(c) Provide that the insurance shall not be canceled prior to giving the county at least ten days’ written notice of such cancellation.
(5) Parking. Off-street parking associated with the principal permitted or conditional use on the lot or parcel where the temporary use is located shall be made available for the temporary use.
(6) Time limits. The annual duration of temporary use permits shall be as follows:
(a) Auctions, boutique and craft sales: 14 days (not more than four sales or auctions per year, which may add up to 14 days total);
(b) Fireworks stand, subject to all local and state laws: 30 days;
(c) Christmas tree sales: 60 days;
(d) Produce stand; farmers’ market: 180 days;
(e) Temporary construction or model home office: At any location and for the duration of construction activity as long as construction is diligently pursued;
(f) Festival, show, exhibit, circus, carnival, competition, outdoor dance, community fair, concert, television or film production or other enterprise of a similar nature: For the time period within which the use is operated. Vendors operating booths, displays, demonstrations or services as a part of these events will be considered permitted as a part of the permit for the entire event, but may necessitate independent business licensure, as required by the county’s business license official, pursuant to this code;
(g) Off-site motorized vehicle sales conducted by a licensed dealer on private property may be held for up to 21 days per occurrence with not more than three occurrences per year;
(h) The launching of fireworks displays may be conducted during times permissible under state law. Fireworks displays are subject to the approval and requirements of all appropriate fire agencies. The launching of fireworks displays may also be subject to locational restrictions of the county and all appropriate fire agencies;
(i) Temporary retail sales, in the form of tent or sidewalk sales events, may be conducted for up to three consecutive months or 30 days per occurrence with no more than three occurrences per year subject to the following:
1. The sale is contained within the property setbacks or parking areas with which it is associated and/or the sidewalk, exclusive of public rights-of-way, adjacent to the permanent business conducting the sale;
2. The sale provides adequate pedestrian mobility through all sidewalks and pedestrian walkways; and
3. The sale does not create safety hazards such as limited visibility or other nuisances that could potentially result in accidents or complaints such as access impairment or traffic or pedestrian impediments.
(j) A permanent business on a site may accommodate temporary retail sales not directly associated with the permanent business for up to 180 days per year subject to the following:
1. The sales operation is contained within the property setbacks or parking area of an operating, permanent business;
2. The sales operation is conducted with the property owner’s permission, including the availability of restroom use by the permanent business for employees and customers of the operation;
3. The sales operation is contained safely within the designated parking area;
4. The sales operation, including all stock and supplies, is completely contained within a temporary, portable structure or fence;
5. The sales operation does not prevent or inhibit pedestrian mobility through all sidewalks and pedestrian walkways; and
6. The sales operation does not create hazards such as limited visibility or other nuisances that could potentially result in accidents or complaints.
(7) Trash removal. All trash shall be removed and the temporary use site restored to its prior condition within seven days after the temporary use has been concluded.
(8) Inspections. Authorized law enforcement officers, zoning enforcement officers, fire control officers and other governmental personnel shall be permitted free access to the temporary use to make inspections to ensure compliance with the provisions of this section, this code and state and federal laws.
(9) Licenses. All requirements of this code regarding business and event licensing shall be adhered to and may require separate approvals.
(M) Additional development standards; large events. Large events shall conform to the development standards set forth in this section and this chapter. Temporary use permits for large events shall be approved by the County Commission, after receiving a recommendation from the county staff. Large events are temporary uses which are not covered and administered by §§ 93.20 through 93.26 of this code, and which demonstrate potential impacts based on the following criteria:
(1) Criteria. Criteria which define what is considered to be a large event:
(a) The number of anticipated vehicles per day is 100 or more;
(b) The hours of operation are proposed to be before 7:00 a.m. or after 10:00 p.m.;
(c) The number of anticipated visitors is 250 or more;
(d) The proposed amount of acreage dedicated to the use is greater than ten acres; or
(e) The total duration of the event is greater than seven calendar days.
(2) Plans. The following plans must be submitted with the application for a large event temporary use permit.
(a) Site plan. The site plan shall depict the proposed layout of the entire property to be used for the large event. This site plan must include the exact address of the property, the name and address of the property owner and the name and 24-hour contact information of the contact person or coordinator. The site plan must clearly show all entrances, exits, roadways, walkways and parking, all sanitation facilities, medical and first aid stations, waste containers, food stands, vendor areas and all other activities associated with the event.
(b) Control plan. A plan shall be submitted and approved establishing adequate provisions for traffic, crowd and patron control and assurance of compliance with county, state and federal laws including, but not limited to, fire, health, security and Americans with Disability Act regulations.
(c) Sign plan. Applicants shall provide a plan showing the location of all signs to be placed in association with the event. The sign plan must include the total number of signs with the dimensions and size of each sign. All signs must meet the requirements of this code.
(d) Security plan. A security plan shall be submitted to and approved by the county establishing the number and type of enforcement and security personnel needed to monitor and facilitate the event and provide spectator or participant control and direction. The security plan must include a list of names and contact information for all security personnel and volunteers assisting with the event to ensure coverage and accountability on the day of the event.
(e) Parking plan. A parking plan shall be submitted to and approved by the county identifying areas for parking in a capacity to accommodate the reasonably expected attendance at the event. Parking areas shall meet all requirements and specifications of the Fire Department. If parking spaces are not marked, parking personnel must be provided to ensure orderly and safe ingress and egress from the parking area.
(f) Emergency services. First aid supplies, equipment and emergency medical services must be made available to meet public health and safety concerns and legal requirements.
(g) Sanitation facilities. Adequate sanitation facilities shall be provided based on the duration of the event and on the number of persons reasonably expected to participate.
(h) Trash removal. All trash shall be removed and the site restored to the condition the property was in prior to the event before the applicant or event sponsors leave the site. All trash must be disposed of properly and any equipment used returned to its designated location. It is the sole responsibility of the event organizers to provide appropriate means of trash disposal and site cleanup.
(i) Events on public property. With proper authorization from the County Commission large events may be held in public places or on county-owned property. Events on public property must end by 10:00 p.m. on any given day unless an extension of time is granted by the County Commission. A written request to the County Commission must be submitted with detailed information as to the need to extend the end time of an event. This approval must be completed before a large event temporary use permit is issued.
(j) Events on private property. Large event temporary use events are allowed on private property with the property owner’s written approval. Notification of the event taking place shall be issued to all adjacent property owners prior to the event. Large events on private property may not exceed hours of operation as dictated by the County Commission’s conditions of approval.
(k) Insurance. Applicants for large event temporary use permits must provide liability insurance to ensure the health and safety of the public. If the event will be held in whole or in part on any public property, including public rights-of-way, mandatory liability insurance with a minimum $1,000,000 coverage will be required prior to the issuance of a large event temporary use permit. The liability insurance must also name the county as an additional insured and hold the county harmless. Applications without the required insurance will not be accepted and the event will not be allowed to be held.
(l) Large events on vacant properties. Large events may be allowed on properties which are vacant or undeveloped following application for and issuance of a large event temporary use permit in compliance with the terms of this section and chapter.
(N) Relationship to other requirements. The terms of this section do not exempt or void the necessity of permits or approvals for a mass gathering permit from any entity such as the county’s Health Department, local political subdivisions, the state or any other agency or entity.
(O) Cash performance bond requirements.
(1) Firework stands. A cash performance deposit shall be posted with the county in the amount authorized by the county’s adopted fee schedule for the purposes guaranteeing removal of the stand immediately after expiration of the temporary use permit.
(2) Large events. A cash performance deposit, in the amount authorized by the county’s adopted fee schedule, shall be posted to guarantee cleanup and sanitation.
(3) Other temporary uses. As determined by the Zoning Administrator or County Commission, as applicable, a cash performance deposit to guarantee compliance with the conditions of approval and the standards of this section may be required. Minimum performance deposit amount is per the county’s adopted fee schedule.
(Prior Code, § 8-6-16) (Ord. 11-11, passed 9-20-2011)