(A) Purpose. The purpose of a temporary use permit is to permit one-time or short-time use of land such as a special event, farmer's market, carnival, swap meet, or other similar event. Temporary use permits shall be required to protect the health, safety and general welfare of the citizens of Payson.
(B) General requirements.
(1) Temporary uses shall be compatible with land uses permitted in the respective zoning district, and may require the imposition of specific conditions by the Community Development Director in order to ensure that the uses, their location, design and configuration are compatible with parking, traffic circulation and congestion, environmental quality, public health and safety, welfare of the community, and do not create a nuisance.
(2) The temporary use permit may be revoked without notice in the event the conditions of the permit have been violated.
(3) An applicant will be limited to one temporary use permit per year per location.
(4) The applicant shall be the owner or lessee of the property or have written permission from the owner of lessee.
(5) The applicant shall submit the application fee (non-refundable) along with the application. If the temporary use permit is approved, the applicant shall pay the appropriate permit fee according to the fee schedule, as adopted by the Town Council, prior to the dates of the temporary use permit.
(C) Application. Applications for temporary use permits shall be submitted to the Community Development Department along with the following information:
(1) Address or location of proposed use.
(2) Existing and intended use or uses.
(3) Names and addresses of all property owners within 100 feet on the temporary use site, and evidence that each of the property owners have been informed of proposed use.
(4) Submittal of site plan with required site information and such additional information as required by the Community Development Director.
(D) Review and approval.
(1) An application for a temporary use permit shall be submitted along with the site plan to the Community Development Director on forms provided by the town, and shall be reviewed by the Director in conjunction with other appropriate town departments. The Community Development Director shall make a decision on issuance of the permit after allowing ten days for public comment.
(2) The Community Development Director shall consider the following and establish any conditions necessary and appropriate to the permit, or may deny the permit after review according to the following factors:
(a) Access; and traffic; pedestrian, bicycle and vehicular circulation;
(b) Noise, light, visual, litter and nuisances;
(c) Signage and outdoor lighting;
(d) Impact on neighborhood;
(e) Impact on native vegetation and ecological condition of the site;
(f) Water and air pollution, such as fill, dust, and smoke. Modification of the site plan imposed by the Commission shall be complied with;
(g) Existence and impact of any other temporary use or conditional permits on or near the subject site.
(3) Appeals. Any person aggrieved by a decision of the Community Development Director may appeal to the Council within 15 calendar days of the decision. The Council may reverse, affirm or modify the decision of the Community Development Director.
(E) Duration.
(1) A temporary use permit shall be assigned specific dates and times for the requested event, and the permit shall be good only for those dates and times at the assigned location. During operation of the event, the permit must be posted in a location visible to the public. For event series that require multiple dates, such as a farmer's market, or concert series, more than one date may be included on a single permit.
(2) A temporary use permit shall be for a maximum of two weeks or six non-consecutive days per year, however actual time frame allowances are at the discretion of the Community Development Director or his designee, when dealing with non-commercial activities or activities of community wide benefits.
(3) Two extensions of up to 14 consecutive days may be granted for commercial activities at the discretion of the Zoning Administrator provided all conditions have been met, no validated complaints have been received and the current fee is paid for each extension.
(Ord. 466, passed 2-22-96)