SECTION:
21A.42.010: Purpose Statement
21A.42.020: Applicability
21A.42.030: Authority
21A.42.040: No Content Based Discrimination
21A.42.050: Process For Constitutionally Protected Temporary Uses
21A.42.060: Standards For Issuance And Revocation Of Temporary Use Permits
21A.42.070: Use Limitations
21A.42.080: Permitted Temporary Uses
21A.42.090: Permitted Temporary Structures
This chapter regulates temporary uses not otherwise regulated by title 3, chapter 3.50 of this Code. Food trucks and trailers are subject to chapter 21A.36 of this title if on private property or title 5, chapter 5.69 of this Code if on public property. Art festivals, neighborhood fairs and other similar activities, authorized by other City regulations to operate on public property or within the public way, are not subject to the provisions of this chapter. (Ord. 4-18, 2018)
The Zoning Administrator may authorize temporary uses as defined in chapter 21A.62 of this title, and as hereinafter specified in accordance with the following provisions. (Ord. 4-18, 2018)
In applying the provisions of this chapter, the Zoning Administrator shall not consider the content, except legally prohibited obscenity, of any activity which the applicant claims to be protected by the First Amendment to the Constitution of the United States or article I, section 15 of the Constitution of Utah. Regulation of such constitutionally protected activities by the issuance of temporary use permits for temporary uses shall be limited to time, place, and manner restrictions necessary to protect the legitimate governmental purposes recognized by this title. (Ord. 4-18, 2018)
A. Notification To City: If an applicant for a building permit for a temporary use claims that the activity is protected by the First Amendment to the Constitution of the United States or article I, section 15 of the Constitution of Utah, and that the process specified in this chapter for considering the temporary use is insufficiently expeditious or unreasonably burdensome, the applicant shall notify the Zoning Administrator of the timetable which the applicant claims is necessary to process the application and any burdens which the applicant claims to be unreasonable.
B. Implementation Of Expedited Process: The Zoning Administrator shall consult with the City Attorney and establish an expedited or otherwise modified process for considering the application in a manner and under such schedules as may be necessary to meet any constitutional requirements affording protection to the activity. (Ord. 4-18, 2018)
A temporary use permit is required for temporary uses, in accordance with the following standards set forth below:
A. Application: An application shall be submitted to the Zoning Administrator. Every application for a temporary use permit shall include a site plan and a traffic plan listing the date, time, location, anticipated attendance, anticipated access routes, ingress and egress for emergency vehicles, and available parking in the vicinity. The application shall be submitted to the Zoning Administrator at least thirty (30) calendar days before the scheduled date that the temporary event or use is to take place unless the Zoning Administrator approves a shorter application deadline.
B. Fees: The application for a temporary use permit shall be accompanied by the fee shown on the Salt Lake City consolidated fee schedule.
C. Approval: A temporary use permit may be issued by the Zoning Administrator; provided, that the applicant meets all applicable requirements of this chapter and any other requirements deemed necessary by the Zoning Administrator to ensure that the temporary use will not have a detrimental impact upon other properties.
D. Basis For Permit Denial: A temporary use permit shall be denied if the Zoning Administrator determines that the public health, safety, or welfare would be impaired, or if the applicant has not adequately addressed traffic and parking issues associated with the proposed use, or if the proposed use does not meet the purpose and parameters of this chapter.
E. Conditional Permit: A temporary use permit may be conditioned upon such special requirements as the Zoning Administrator may determine are necessary to achieve the purposes of this title and to protect the public health, safety, and welfare.
F. Revocation Of Permit: A temporary use permit may be revoked by the Zoning Administrator pursuant to the procedures of section 21A.08.060 of this title, if any of the standards and conditions imposed pursuant to such permit, are violated.
1. Authority: A temporary use permit may be revoked by the Zoning Administrator in accordance with the provisions of this section, if any of the standards and conditions imposed pursuant to such permit, are violated.
2. Notice: Before a temporary use permit may be revoked, written notice of the decision to revoke shall be served upon the permit holder, or agent of the permit holder, either personally or by mail. The notice shall inform the permit holder of the grounds for the revocation and advise the permit holder that the revocation shall be effective twenty four (24) hours from the date of such service unless before the revocation date, the permit holder either:
a. Demonstrates to the satisfaction of the Zoning Administrator compliance with the requirements of the temporary use permit; or
b. Files an appeal of the Zoning Administrator's decision to revoke pursuant to subsection F4 of this section.
3. Effect Of Revocation: No person may continue to make use of land, buildings, or temporary structures in the manner authorized by any temporary use permit after such permit has been revoked in accordance with this section.
4. Appeal: Any person adversely affected by a final decision of the Zoning Administrator to revoke a temporary use permit may appeal to the Appeals Hearing Officer in accordance with the provisions of chapter 21A.16 of this title.
G. Other Permits: All required permits from other governmental entities must be obtained prior to initiating the temporary use. (Ord. 4-18, 2018)
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