The purpose of this chapter is to allow, subject to the provisions herein, certain temporary land uses which are not permitted or conditional uses in the zone where the temporary use is proposed. The character of such uses requires proper conditions to protect the owners, occupants, and users of adjacent property.

(Adopted by Ord. 2007-02 on 7/11/2007)

The provisions of this chapter shall apply to the temporary uses enumerated herein. Any building or structure not conforming to the requirements of this chapter shall be deemed a permanent use and shall be allowed only if such use is a permitted or conditional use in the zone where the use is located. The requirements of this chapter shall not be construed to prohibit or limit other applicable provisions of this title, this code, and other laws. This chapter shall not apply to activities lawfully conducted by a government agency.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Uses Allowed: Any person may sponsor or conduct for profit or nonprofit purposes the temporary uses set forth below subject to the issuance of a temporary use permit, unless under express provisions of this chapter no such permit is required.

Auction.

Christmas tree sales.

Farmers' market.

Festival, show, exhibit, circus, carnival, outdoor dance, community fair, concert, or other activity of a similar nature.

Fireworks stand.

Garage/yard sale.

Motorized vehicle sales by a licensed dealer.

Produce stand.

Temporary construction office or model home.

B.

Temporary Use Permit Required: Unless exempt under the provisions of subsection C of this section, no person shall install or conduct any temporary use without obtaining a temporary use permit issued pursuant to the requirements of section 10-5-16 of this title and the development standards of this chapter.

C.

Exemption: No temporary use permit shall be required for the first or second garage/yard sale conducted on a lot or parcel during a calendar year.

(Adopted by Ord. 2007-02 on 7/11/2007)

The development standards set forth in this section shall apply to any temporary use.

A.

Owner Approval: The owner of the property where a temporary use is proposed shall provide a written statement authorizing the use.

B.

Access: Specific areas shall be designated for ingress and egress of vehicular traffic and for patron admission, ensuring the safety of patrons, the exclusion of persons not entitled to entry, and the enforcement of state and local laws and ordinances. The adequacy of such areas shall be based upon the number of patrons reasonably expected to attend the temporary use.

C.

Insurance: When deemed necessary by the city council for one or more of the types of temporary uses set forth in section 10-29-3 of this chapter, a temporary use permit applicant shall provide liability insurance for benefit of the city. Such insurance shall:

1.

Name the city as an insured.

2.

Hold the city harmless from any claim arising from personal injury or property damage resulting from the temporary use.

3.

Provide that the insurance shall not be canceled prior to giving the city at least ten (10) days' written notice of such cancellation.

D.

Parking: Off-street parking shall be made available for the temporary use.

E.

Time Limits: The duration of a temporary use permit shall be as follows:

1.

Auctions; garage/yard sales: Three (3) days (not more than 4 per year).

2.

Temporary retail sales: Ten (10) days (not more than 4 per year on a given lot or parcel).

3.

Fireworks stand: The same number of days per year as authorized by the Utah code.

4.

Christmas tree sales; motorized vehicle sales by a licensed dealer: Sixty (60) days per year.

5.

Produce stand; farmers' market: Ninety (90) days per year.

6.

Temporary construction or model home office: For the duration of construction activity so long as construction is diligently pursued and the offices are located on the property under construction or development.

7.

Festival, show, exhibit, circus, carnival, outdoor dance, community fair, concert, or other enterprise of a similar nature: For the time period within which the use is operated.

F.

Trash Removal: Within seven (7) days after a temporary use has been concluded all trash shall be removed and the temporary use site restored to its prior condition.

G.

Inspections: Authorized law enforcement officers, zoning enforcement officers, fire control officers, and other governmental personnel shall be permitted free access to a temporary use site to make inspections to ensure compliance with the provisions of this chapter.

(Adopted by Ord. 2007-02 on 7/11/2007)

Temporary uses for large events (where more than 50 persons are expected to participate at one time) shall conform to the development standards set forth in section 10-29-4 of this chapter and additionally to the following:

A.

Access: Specific areas shall be designated for ingress and egress of emergency vehicles, including appropriate barriers to regulate vehicular and pedestrian traffic.

B.

Control Plan: A plan shall be approved establishing adequate provisions for traffic control, crowd control, patron control, and enforcement of city ordinances, state and federal laws and any other applicable regulations, including, but not limited to, fire, health, and security laws.

C.

Emergency Services: Adequate first aid supplies and equipment, and emergency medical services shall be made available based on the duration of the temporary use and on the number of persons reasonably expected to participate.

D.

Parking: Temporary off-street parking shall be provided at the rate of one vehicle for every four (4) persons reasonably expected to attend the event, activity, or proposed use. Such parking need not be hard surfaced.

E.

Sanitation Facilities: Adequate sanitation facilities, as reasonably determined by the Bear River health department, shall be provided based on the duration of the temporary use and on the number of persons reasonably expected to participate.

F.

Security: A security plan shall be approved establishing the number and type of enforcement and security personnel that will be present at the temporary use to monitor and facilitate the use and provide spectator or participant control and direction.

(Adopted by Ord. 2007-02 on 7/11/2007)