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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)
A. General Limitations: Every temporary use shall comply with all applicable zoning regulations unless authorized by sections 21A.42.080 and 21A.42.090 of this chapter.
B. Bulk And Yard Regulations: Except as expressly provided otherwise in sections 21A.42.080 and 21A.42.090 of this chapter, every temporary use shall comply with the bulk and yard requirements of the district in which the temporary use is located with the exception of landscaping requirements. Bulk and yard regulations can be adjusted by the Zoning Administrator based on the nature of the temporary use and the character of the adjacent and surrounding area.
C. Zoning Districts: Temporary uses are allowed in all non- residential zoning districts and in the following residential zoning districts: RB, R-MU, R-MU-35, R-MU-45, RO. Temporary uses are also allowed in other zoning districts as authorized in section 21A.42.080 of this chapter. Temporary structures are allowed in zoning districts as authorized in section 21A.42.090 of this chapter.
D. Signage: Temporary signs may be permitted in accordance with the procedures and requirements of chapter 21A.46 of this title.
E. Hours And Days Of Operation: No temporary use shall be operated during any hours or on any days of the week except as designated by the Zoning Administrator, on the basis of the nature of the temporary use and the character of the adjacent and surrounding area.
F. Parking: Before approving any temporary use, the Zoning Administrator shall make an assessment of the total number of off street parking spaces that will be reasonably required in connection with the proposed temporary use, location of the use, its intensity, and the availability of other parking facilities in the area. No temporary use shall be authorized that would, in the opinion of the Zoning Administrator, substantially reduce the amount of required off street parking spaces available for a use in connection with permanent uses located on the same zoning lot.
G. Sight Distance Triangle: No structures, equipment, merchandise, or any other item shall be located within the "sight distance triangle" as defined in chapter 21A.62 of this title.
H. Legally Existing Businesses: Legally existing businesses are subject to the regulations in the underlying zoning district and any applicable regulation regarding outdoor sales. (Ord. 4-18, 2018)
Subject to the specific regulations and time limits and to the other applicable regulations of the zoning district in which the use is permitted, the following temporary uses shall be permitted in the zoning districts specified below or in subsection 21A.42.070C of this chapter, upon a finding by the Zoning Administrator that the parcel upon which the temporary use will be located is adequate in size, that there are adequate parking provisions and traffic access, and that the applicant has agreed to comply with such other conditions as the Zoning Administrator deems necessary to ensure that the temporary use will not have any material detrimental impact upon other properties:
A. Fundraisers: Fundraisers are permitted in any zoning district provided the applicant is a recognized community organization or non-profit, and the sale or event is no more than three (3) consecutive days.
B. Christmas Tree Sales: In addition to the zoning districts allowed for all temporary uses, Christmas tree sales are permitted on any parking lot for a legally existing recreational land use that is seasonal in nature and not being used concurrently or if the site has more parking than is required per the zone. Such use shall be limited to a period not to exceed forty five (45) days, per calendar year. Display of Christmas trees need not comply with the yard requirements of this title. No tree shall be displayed obstructing the "sight distance triangle" as defined in chapter 21A.62 of this title.
C. Festivals, Bazaars, Large Scale Outdoor Sale Events, Carnivals, Circuses, And Other Special Events: Festivals, bazaars, large scale outdoor sale events, carnivals, circuses and other special events shall be limited to a period not to exceed fourteen (14) days. Such use need not comply with the maximum height requirements of this title. There must be at least seven (7) days between events at a given location during which time any and all structures or other items associated with the temporary use must be disassembled and removed from the site.
D. Temporary Food Service And Other Small Scale Temporary Uses: Temporary food service and other small scale temporary uses are permitted for a maximum of one hundred twenty (120) days each calendar year. Such facilities shall be less than two hundred (200) square feet and shall not interfere with pedestrian access to other businesses on the site. 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.
E. Farmers' Markets: Farmers' markets shall be limited to a maximum of one hundred twenty (120) days each calendar year.
F. Outdoor Sales Of Fireworks: Outdoor sales of fireworks from temporary stands or trailers is permitted subject to the requirements of title 18 of this Code and all other City and State codes regulating the sale and distribution of fireworks. No additional off street parking is required.
G. Movie/Film Locations: Movie/film locations are allowed in all zoning districts. The applicant shall provide a short written description and schedule of the proposed filming event to the owners and/or occupants of the property where filming will occur along with all properties adjacent to it (including those across streets and alleys). A report noting the reaction of those owners and occupants, with their addresses and phone numbers, shall be required. (Ord. 4-18, 2018)
A. Temporary Structures: Any permitted temporary use may utilize temporary structures to further that use subject to the requirements of chapter 18 of this title.
B. Connection To Water And Sewer Utilities: No temporary structures, besides relocatable offices, can connect to water and sewer utilities.
C. Construction Trailers And Temporary Storage Yards: During building construction, trailers serving as contractor's offices and temporary storage yards for construction materials are permitted. Such facilities shall not be located in any required front yard on the site. When, due to site constraints, a location outside of the required front yards is not feasible, the location of such facilities may be approved by the Zoning Administrator. Temporary construction facilities shall be removed upon the completion of construction. No additional off-street parking is required.
D. Temporary Structures Associated With Permanent Business: The following temporary structures associated with a business that is legally licensed as a permanent business as outlined in this title, are permitted subject to the following standards:
1. Tents And Canopies: Permitted in all nonresidential districts subject to the following standards:
a. Tents and canopies in commercial, manufacturing, downtown, gateway, and special purpose districts shall comply with the following standards:
(1) Tents and canopies shall remain on the property for no longer than forty five (45) consecutive days and no longer than forty five (45) days in a calendar year. Tents are allowed to stay for up to two (2) days after the forty five (45) day period for the purpose of disassembly of the tent or canopy.
(2) No tent or canopy may occupy required parking stalls.
(3) There is no maximum size requirements for a tent or canopy as long as it meets the yard and setback requirements of the underlying zoning district. All tents over two hundred (200) square feet in area need to be approved by the Salt Lake City Building Services Division for wind and snow load requirements.
b. Tents and canopies in all other zoning districts and for legal, nonconforming land uses:
(1) Tents and canopies shall remain on the property for no longer than forty five (45) consecutive days and no longer than forty five (45) days in a calendar year. Tents are allowed to stay for up to two (2) days after the forty five (45) day period for the purpose of disassembly of the tent or canopy. Tents and canopies in any residential zone for the personal use of any resident are not subject to this standard.
(2) No tent or canopy may occupy required parking stalls.
(3) No tent may exceed two hundred (200) square feet in size and no canopy may exceed four hundred (400) square feet in size.
2. Kiosks And Other Temporary Structures: Kiosks and other temporary structures shall be no larger than two hundred (200) square feet. Such structures shall be located to minimize any light or noise impacts on adjacent residential properties.
3. Relocatable Office Buildings: Relocatable office buildings as defined in chapter 21A.62 of this title, are permitted in all zoning districts that permit offices subject to the requirements of title 18 of this Code. (Ord. 4-18, 2018)