The following regulations are provided to accommodate uses of land or buildings which are temporary in nature and are not, therefore, listed as regular permitted or conditional uses in any zone of the municipality. The character of these uses requires proper conditions be met to protect adjacent properties and the general health, safety, and welfare of the citizens of the municipality. Any building or structure which does not meet the requirements of this chapter shall be treated as a permanent land use and shall conform to all required standards of the building, health, fire, zoning, and other similar codes.

All temporary uses, as defined in Chapter 19.04, shall comply with the provisions of this Chapter and any other applicable regulations in this Title.

Table 19.44.030 shows permitted temporary uses in each zone. Zones not listed in the table do not allow temporary uses unless specified in the special conditions of this Chapter.

1. Major seasonal sales and major seasonal use shall meet the following conditions:
   1. A parking plan must be provided for the application that complies with parking standards outlined in Chapter 19.48 Off-Street Parking and Mobility. The number of parking stalls required for the temporary use shall be determined by the Director or designee;
   2. Major seasonal sales and major seasonal uses may only occur a maximum of thirty (30) non-consecutive days out of the year per seasonal use or sale; and
   3. If any major seasonal use or sale occurs multiple times throughout the year and the period between the use being open for business is greater than sixty (60) days, all associated temporary buildings and signage shall be removed for a minimum of forty (40) days while the use is not open for business.
2. Minor seasonal sales and minor seasonal use shall meet the following conditions:
   1. Seasonal sales and uses may only occur a maximum of sixty (60) consecutive days out of the year per seasonal use or sale;
   2. The total area for the display and sale of products or use shall be eight hundred square feet or less;
   3. Temporary buildings or anything six feet (6’) in height or greater shall be setback from the property line one foot (1’) and may not be closer than two feet (2’) to a public right-of-way or sidewalk; and
   4. Tents, signage, and other decorations for a seasonal sale or use may be constructed up to five (5) days prior to the anticipated opening date of the use will open but may not remain constructed for a period greater than sixty (60) consecutive days.
3. Outside sale events shall meet the following conditions:
   1. May not continue for a time greater than three (3) consecutive days and may not occur more than three (3) times in one year;
   2. Any tents, signs, or other decorations used for the outdoor sale event must be removed within twenty-four (24) hours after the final; and
   3. The outdoor space designated for the sale of products may not take up more than thirty percent (30%) of the business’s required parking.
4. Temporary use, inside shall meet the following conditions:
   1. Temporary uses inside existing buildings may only occur a maximum of one hundred twenty (120) days out of the year. These may be consecutive or may be dispersed throughout the year; and
   2. The temporary use in an existing building may not use any parking stalls from another permanent business on the property that causes the existing business’ parking to be non-compliant. Unless it is demonstrated by the applicant or business owner that the permanent business has more empty parking stalls than stalls that are occupied within a seven (7) day period.
5. Temporary sale of farm products shall meet the following conditions:
   1. The area for sale and display of products may not exceed eight-hundred square feet (800 sq. ft.);
   2. Temporary buildings or anything six feet (6’) in height or greater shall be setback from the property line one foot (1’) and may not be closer than two feet (2’) to a public right-of-way or sidewalk; and
   3. Off-street parking for employees must be provided by the applicant or property owner of the property where the sale of farm products is located.
6. Weekly temporary uses shall meet the following conditions:
   1. A parking plan must be provided for the application that complies with parking standards outlined in Chapter 19.48 Off-Street Parking and Mobility. The number of parking stalls required for the temporary use shall be determined by the Director or designee;
   2. Weekly temporary uses may only occur a maximum of one hundred twenty (120) days out of the year;
   3. The maximum number of consecutive days the weekly temporary use may be open shall be two (2) days; and
   4. If any major seasonal use or sale occurs multiple times throughout the year and the period between the use being open for business is greater than sixty (60) days, all associated temporary buildings and signage shall be removed for a minimum of forty (40) days while the use is not open for business.
7. Construction. Construction as a temporary use is permitted in all zones with applicable building and land use permits. The length of time for construction as a temporary use shall be determined by the Director or building official and shall extend for the duration of active construction within the municipality before the occupancy permit is issued. Construction shall follow all requirements outlined by the Director, building official or designee.
   1. Temporary Construction Trailers. A permit for temporary construction trailers may be approved by the Director or designee for a structure or shelter used in connection with an approved development or project. The construction trailer may be used for temporary administrative and supervisory functions, and for sheltering employees and equipment during the construction phase of a project. Such a structure or shelter shall be removed within fourteen (14) days of the approval of the final certificate of occupancy.
   2. Temporary Sales Office. A temporary sales office may be approved by the Director or designee, subject to the following conditions:
      1. The sales office is in connection with the sale of property within a project or subdivision under construction;
      2. The sales office is located on the same parcel of land as the project or subdivision and is engaged in the sale of only units or lots thereon;
      3. The sales office may remain open for up to one (1) year or until all the lots are sold, whichever comes first; and
      4. An extension may be granted on a yearly basis only when units or lots within the project or subdivision remain unsold.
8. Yard and Garage Sales. Garage sales are permitted in all zones and do not require a permit, provided that the yard or garage sale shall not operate for more than a total of ten (10) days in any calendar year and shall be conducted by bona fide residents of the premises. Goods for sale shall consist of household items and personal belongings of the residents. Goods offered for sale shall not be placed over a public sidewalk or in a public right of way. Signs associated with a garage sale shall be taken down at night and may not be placed within a public right of way or sidewalk.
9. Events. Events sponsored by the municipality are permitted in all zones, if the uses are an approved accessory use to the event, confined to the official location of the event, and confined in duration to the hours and time period of the official event.
10. Carnivals, Festivals, and Other Transitory Events. The Director or designee may issue a temporary use permit for a carnival or other amusement enterprise of a similar transitory nature, or, providing the Director or designee finds that the use will not conflict with the uses in the neighborhood of the subject property. The Director or designee may determine the compatibility of uses. To determine the compatibility of uses, the Director or designee may call a public hearing.
    1. Any request for a temporary use permit shall be submitted in writing.
    2. A temporary use permit issued by the Director or designee may:
       1. Stipulate the length of time the permit may remain valid;
       2. Stipulate the hours of operation of the use; and
       3. Stipulate other regulations which are necessary for the public welfare.

1. Prior to the establishment of any of the above uses, or any qualifying temporary use, a temporary use permit must be obtained from Planning and Development Services.
2. The application for a temporary use permit shall include the following:
   1. A municipal business license for commercial uses or proof that a municipal business license has been issued;
   2. Building or electrical permit if necessary;
   3. Hours of operation and all calendar days the use will be active or open for business;
   4. Salt Lake County Health Department approval if necessary;
   5. Site plan showing the location of the use, buildings and structures, setbacks, parking, access to public streets, access, parking, circulation, exterior seating, and adjacent uses;
   6. Applicable permits needed for mass gatherings or road closures; and
   7. The property owner’s authorization and agreement between the owner and temporary use.
3. The granting of said permit requires the following findings:
   1. The applicant’s proposed use and applicant complies with all the standards set forth in the municipal code;
   2. The conduct of the requested use will not have any detrimental effects on adjacent properties and will be in general harmony with surrounding uses;
   3. The requested use will not create excessive traffic hazards on adjacent streets and that traffic control, if necessary, shall be provided at the expense of the applicant; and
   4. The applicant shall have sufficient liability insurance for the requested use or event if necessary.

1. Any temporary use established under the provisions of this Chapter shall conform to the following standards and requirements:
   1. Time Limits. All temporary uses shall be given an expiration date for each allowed use defined in Chapter 19.04 or this Chapter. The time limit for all temporary uses shall be measured from the first day the use is anticipated to be open for business until the allowed time set forth in this Chapter.
   2. Any structure requiring sanitary facilities by building, fire, health, or other similar codes shall be located on the same lot as a host structure unless independent water and sewer service is provided to the temporary structure. If such codes require sanitary facilities, the sanitary facilities may be provided by a host structure provided that there is:
      1. No preparation of any food on the premises;
      2. No indoor seating of patrons;
      3. Written evidence that a host structure will provide sanitary facilities for any employees and that such facilities are conveniently located not more than three hundred feet (300') from the structure and will be accessible during all periods of operation of the use; and
      4. Written evidence from the health department that all food will be prepared and delivered from an approved commissary and that all waste resulting from the operation of the use will be properly disposed.
   3. All parking shall meet the standards for off street parking as specified in Chapter 19.48 Off-Street Parking and Mobility.
   4. All structures shall be securely anchored to the ground at not less than four (4) points as directed by the chief building official. Temporary uses including the use of electricity, water, sewer or other utility services and temporary uses that require a building permit or other inspection for the use of a structure or equipment shall meet those requirements before being allowed to conduct business.
   5. The right to occupy the site shall be secured by a written agreement with the owner of the parcel and the owner of any host structures. Said agreement shall address the question of use of restroom facilities by employees, responsibility for maintenance, and restoration of the site upon termination of the use. A copy of the proposed agreement shall be part of the application.
   6. Approval for each temporary use permit shall bear an expiration date based upon the nature of the use. If any temporary structure becomes vacant prior to the expiration of the permit, it shall be removed within ten (10) days from the first day the vacancy is discovered by the municipality
   7. The landowner of the parcel shall provide a cash bond for the restoration of the site of said use to its original condition, including cleanup, replacement of facilities, and removal of any structures. The bond shall be:
      1. one hundred dollars ($100.00) for temporary uses without a structure, or a structure less than forty square feet (40 sq. ft.) in size;
      2. one thousand dollars ($1,000.00) for all structures larger than forty square feet (40 sq. ft.) in size;
      3. two thousand dollars ($2,000.00) for all structures larger than two hundred square feet (200 sq. ft.) in size.
   8. Temporary uses as allowed by this chapter may be identified by signage not to exceed two (2) freestanding vinyl banners with a combined area of up to twenty-four square feet (24 sq. ft.) and up to twenty-four square feet (24 sq. ft.) of total wall signage on the temporary structure itself. Signage must be located on the same property as the temporary use. All other signage is prohibited.
   9. Following the expiration of the temporary use set forth in this Chapter all buildings, products, fences, and signage shall be removed from the premises completely. Unless otherwise specified in the by the municipality or in the agreement between the property owner and temporary use.

1. The Director or designee shall approve or deny permits for temporary uses. A use that meets the requirements stated above shall be approved and a use not meeting the requirements stated above shall be denied, or may be approved with appropriate conditions to assure that the use will be compatible with and will not pose any detriment to persons or property.
2. The conditions may include a limitation upon hours of operation and/or a time limitation which is less than the maximum established by this Chapter.

1. Renewals. Upon the expiration of a temporary use permit no person may apply for the same permit at the same location within thirty (30) days of the expiration date.
2. Extensions. Permits for temporary occupancy of a building for retail, sale of fruits and vegetables, and nursery supplies may request an extension up to ninety (90) days beyond the initial expiration date established when the applicant first applied for the temporary use. The extension may only be granted if the Director or designee finds that:
   1. The extension does not expand the initial intensity or scale of the temporary use approved;
   2. No complaints have been made to the Council or Planning and Development Services since the establishment of the temporary use; and
   3. The temporary use has not caused a disturbance in parking or traffic flow from adjacent streets.

A permit may be revoked for a violation of any of the provisions of this Chapter or the conditions provided in the temporary use permit.

A temporary use permit is not a business license and the granting of the permit shall not relieve the permittee of any other license requirement of the municipality or any other public agency. Subject to the approval of a temporary use permit, a seasonal business license shall be issued prior to the commencement of a business allowed by this part.

To offset a portion of the costs incurred by the municipality in processing temporary use permits, fees may be charged as provided for in the fee schedule adopted by the Council.