The following regulations are provided to accommodate certain uses that are temporary or seasonal in nature. (Ord. 2018-13, 6-13-2018)

Permitted temporary uses include:

Carnivals and circuses.

Christmas tree sales lots.

Flower stands.

Music festivals.

Occupancy of a temporary or existing dwelling during the remodeling of an existing or construction of new detached single-family home (allowed only in the A-5, R-1-87, R-1-43, and R-1-10 Zones and Cluster Residential and Infill Overlays).

Political rallies.

Promotional displays.

Rummage sales.

Seasonal fruit and vegetable stands.

Snow shacks/shave ice stands.

Tents for religious services. (Ord. 2018-13, 6-13-2018)

Prior to the establishment of any temporary use, an application for a temporary use permit shall be submitted to and approved by the Land Use Authority. The Zoning Administrator, or his/her designee, shall act as the Land Use Authority for this chapter. The application shall contain the following information:

1. A description of the proposed use.
2. A description of the property to be used, rented or leased for the temporary use, including all information necessary to accurately portray the property.
3. Sufficient information to determine the yard requirements, sanitary facilities and availability of parking space to service the proposed use.
4. For occupancy of a temporary or existing dwelling during renovation or construction of a new detached single family home the following will also be required:
   1. A copy of the building permit issued for the remodel of an existing home or for a new home under construction.
   2. Permits to temporarily connect the temporary dwelling to utility services. These permits shall be issued and inspected in accordance with all adopted Building and Fire Codes. All utilities must be connected in accordance with adopted City standards.
   3. A cash bond in the amount of three thousand dollars ($3,000.00) which will be returned upon passage of an inspection by City staff to confirm the temporary or existing dwelling has been disconnected from public utilities and demolished or converted into an accessory structure.
   4. A site plan of the property drawn to scale showing the location and footprint of the proposed home, the locations of the proposed and existing utilities, the property setbacks, and the proposed location of the temporary dwelling or the current location of the existing dwelling. Temporary dwellings shall not be located in the required front, side, or rear setback and must not encroach on the public right-of-way or onto adjacent properties.
   5. An agreement, approved by the City Attorney, containing without limitation the following:
      1. An acknowledgment that only one dwelling unit is permitted on the property.
      2. An acknowledgment that the temporary dwelling will no longer be inhabited and the property have one utility meter after the new or renovated home passes its final inspection and prior to the issuance of a certificate of occupancy, if applicable, or;
      3. An acknowledgment that the existing dwelling unit demolished or converted into an accessory structure, as defined by BCC 11.20.020, within ten (10) calendar days of the issuance of the certificate of occupancy of the newly constructed or renovated home, if applicable.
      4. An acknowledgment that the property must maintain a valid building permit and all construction work is completed no longer than two (2) years from the date the agreement is signed.
      5. An acknowledgment that any violations of this Section or the agreement may result in the City charging a $100 fee for each day the applicant is in violation, abatement of any non-complying structures, and/or the City filing a lien against the property for any unpaid fees or costs associated with any violations.
         
      6. The City may record this instrument against the property in question.
         
5. Proof of all other applicable permits (e.g., mass gathering permit, food handlers permit, Health Department permits, etc.) when required. (Ord. 2018-13, 6-13-2018)
   

1. Findings For Approval: The Land Use Authority may approve the application, provided the Land Use Authority finds that:
   1. The proposed use is a permitted temporary use.
   2. The proposed use will not create excessive traffic hazards or other unsafe conditions in the area, and that if traffic control is required, it will be provided at the expense of the applicant.
   3. The proposed use shall occupy the site for a period not to exceed thirty (30) calendar days, except for Christmas tree lots, which shall not exceed forty (40) calendar days, and snow shacks/shave ice stands which may operate between May 1 and September 30. The transitory occupation of an existing or temporary dwelling during a remodel of an existing home or construction of a new home must be tied to a current building permit and shall not exceed eighteen (18) months.
   4. The applicant will have sufficient liability insurance in the amount of at least two hundred thousand dollars ($200,000.00) for the requested use or event. The City of Bluffdale must be listed as an insured party on this policy. Applications for temporary dwellings are not required to provide this liability insurance.
   5. The applicant shall provide for, at their expense, the restoration of the site to its original condition, including clean up and replacement of facilities as may be necessary.
2. Land Use Authority: The Land Use Authority may authorize staff to issue temporary use permits for permitted temporary uses on their behalf. Where the characteristics of the proposed use are not in compliance with the above standards, the Land Use Authority or their designee shall halt the processing of the application until the proposed use meets the requirements herein.
3. Conditions Attached: In granting approval, the Land Use Authority may attach additional conditions as they deem appropriate to ensure that the use will not pose any detriment to persons or property. The Land Use Authority may also require a bond to ensure that necessary clean up or restoration work will be performed. (Ord. 2018-13, 6-13-2018)
   

1. Enforcement Authority: The City Code Enforcement Officer and City building official shall have the authority to enforce the provisions herein.
2. Penalty And Continuing Violation: Individuals found in violation of this chapter may be penalized in accordance with title 1, chapter 4 of this Code. In all instances where the violation of this Code or any ordinance hereinafter enacted is a continuing violation, a separate offense shall be deemed committed on each day during or on which the violation occurs or continues to occur beginning from ten (10) calendar days after a notice of violation is sent.
3. City Removal:
   1. Temporary dwellings shall have their bonds forfeited to the City and the City may remove or abate the temporary dwelling upon any finding of the following:
      1. No construction activity has occurred on the property for a period of more than forty five (45) calendar days;
      2. No construction inspections have been requested or conducted for a period of more than one hundred eighty (180) calendar days;
      3. The owner has not responded to a request for information or a written notification of the expiration of a permit from the City within forty five (45) calendar days;
      4. The owner has not reapplied for a temporary use permit within forty five (45) calendar days of the original temporary use permit's date of expiration; or
      5. The building permit for the home being remodeled or the new home under construction has expired and the owner has not reapplied within forty five (45) calendar days.
4. Extension Of Deadline:
   1. The City Council may enter into a development agreement with a property owner to extend the deadline for when a permit for a temporary dwelling expires. The City may record this agreement against the property in question. (Ord. 2018-13, 6-13-2018)
      

1. Any person adversely affected by a decision of the Land Use Authority may appeal such decision to the Appeals and Variance Hearing Officer in accordance with subsection 11-3-4B of this title within ten (10) calendar days from the date of such decision. (Ord. 2018-13, 6-13-2018)