The following regulations are provided to accommodate those 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 city. The character of these uses is such that proper conditions are required to protect adjacent properties and the general health, safety, and welfare of the citizens of Mapleton City. 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. (Ord. 2013-09, 9-3-2013, eff. 10-3-2013)

   A.   Uses allowed on a temporary basis in accordance with the provisions of this chapter may include, but are not limited to, the following: seasonal sales as specified herein, retail/wholesale nursery supplies, shaved ice stands, promotional displays, fruit and vegetable stands, tents for religious services, and political rallies.

   B.   A temporary use permit shall not be required for yard and garage sales, provided that the yard or garage sale shall not operate for more than a total of five (5) 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.

   C.   A temporary use permit shall not be required for temporary uses and sales related to events sponsored by Mapleton City so long as 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.

   D.   Uses shall be allowed for not more than thirty (30) days' duration except as specifically provided herein:

      1.   Shaved ice stands may be permitted for one period of up to one hundred fifty (150) days per year, and shall be restricted to the following zones: GC-1, CC-1, NC-1 and OS-P.

      2.   Fruit and vegetable sales shall be permitted for one period of up to one hundred fifty (150) days per year, and shall be restricted to the following zones: GC-1, CC-1, and NC-1. Subject to the same restrictions contained in this part, fruit and vegetable stands may be operated in the A-2 zone when the produce sold is grown on the same two plus (2+) acre parcel or adjacent parcels in the same ownership as the stand is located.

      3.   Retail/wholesale nursery supplies which may be permitted up to one year by the same business owner or owners in the same or any locations, and shall be restricted to the GC-1 zone.

      4.   Seasonal sales of pumpkins and fireworks shall be limited to the GC-1, CC-1, NC-1 zones and shall be limited to one 30-day period per category, per year.

      5.   Christmas tree farms (live trees planted in the ground) and pumpkin patches shall be permitted a temporary use permit for sales in the A-2, RA-1, and RA-2 zones during the months associated with those types of sales. (Ord. 2013-09, 9-3-2013, eff. 10-3-2013)

Prior to the establishment of any of the above uses, or any qualifying temporary use, a temporary use permit must be obtained from the planning department. Any application for such permit shall meet the requirements of section 18.22.040 of this chapter and shall be made by the property owner or his/her authorized agent. The granting of said permit shall require the following findings:

   A.   The conduct of the requested use will not have any detrimental effects on adjacent properties and will be in general harmony with surrounding uses.

   B.   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.

   C.   The applicant shall have sufficient liability insurance for the requested use or event. (Ord. 2013-09, 9-3-2013, eff. 10-3-2013)

A temporary use established under the provisions of this chapter shall conform to the following standards and requirements:

   A.   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. Where such codes require sanitary facilities, they 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;

      4.   Written evidence from the city/county 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.

   B.   The minimum required parking shall be two (2) spaces except that a reasonable number of additional parking places may be required. Such parking, along with any structures, tents, canopies, seating areas, or display areas, shall not have the effect of decreasing any existing parking that is required for any other use existing on the site. All parking shall meet the standards for off street parking as specified in section 18.84.270 of this title.

   C.   A site plan shall be submitted with the application that addresses the access, parking, circulation, exterior seating, and other significant elements of the temporary use and any other uses or structures existing on the site.

   D.   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 that include the use of electricity, water, sewer or other utility services and temporary uses that include the use of a structure or equipment deemed by the adopted building code to need a building permit or other inspection shall meet those requirements before being allowed to conduct business.

   E.   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.

   F.   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.

   G.   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. Said bond shall be one hundred dollars ($100.00) for temporary uses without a structure, or a structure less than forty (40) square feet in size, or one thousand dollars ($1,000.00) for all structures larger than forty (40) square feet in size, or two thousand dollars ($2,000.00) for all structures larger than two hundred (200) square feet in size.

   H.   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 (24) square feet and up to twenty four (24) square feet 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. (Ord. 2013-09, 9-3-2013, eff. 10-3-2013)

The community development 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. Said conditions may include a limitation upon hours of operation and/or a time limitation which is less than the maximum established by this chapter. (Ord. 2013-09, 9-3-2013, eff. 10-3-2013)

A permit may be revoked in the event of a violation of any of the provisions of this chapter or the conditions set forth in the temporary use permit. (Ord. 2013-09, 9-3-2013, eff. 10-3-2013)

A temporary use permit is not a business license and the granting of said permit shall not relieve the permittee of any other license requirement of the city 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. (Ord. 2013-09, 9-3-2013, eff. 10-3-2013)

In order to offset a portion of the costs incurred by the city in processing temporary use permits, fees may be charged as provided for in the fee schedule adopted by the Mapleton City council. (Ord. 2013-09, 9-3-2013, eff. 10-3-2013)

   A.   It shall be unlawful for any person to sell or offer for sale in the city, any cut fir, evergreen, or Christmas tree, without a permit, except as provided in subsection B of this section.

   B.   A permit to sell cut fir, evergreen, or Christmas trees shall be obtained as otherwise described in this chapter. The permit required by this section shall allow tree sales for a period of thirty (30) days per year. (Ord. 2013-09, 9-3-2013, eff. 10-3-2013)

   A.   Temporary Construction Trailers: A temporary construction trailers permit may be approved by the community development 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.

   B.   Temporary Sales Office: A temporary sales office may be approved by the community development 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 shall be permitted for up to one year or until all the lots are sold, whichever comes first. An extension may be granted on a yearly basis so long as units or lots within the project or subdivision remain unsold. (Ord. 2013-09, 9-3-2013, eff. 10-3-2013)

   A.   Concrete batch plants may be granted by the planning commission on a temporary basis up to two (2) years from the date of planning commission approval and shall be restricted by the following conditions:

      1.   The use shall only be allowed on property where preliminary approval has been granted for a project by both the planning commission and city council; and

      2.   The overall project area must include a minimum of one hundred (100) acres; and

      3.   The use shall cover not more than three (3) acres of the project area; and

      4.   A site specific temporary use permit and a site plan shall be reviewed and approved by the planning commission; and

      5.   The use shall not be located closer than one-fourth (1/4) mile to any existing or proposed residential dwelling in which a certificate of occupancy has been issued; and

      6.   Permanent buildings are prohibited; and

      7.   Mining, including sand and gravel mining operations, shall be prohibited; and

      8.   Access to the proposed use shall be allowed off of Highway 6 and must be reviewed and approved by UDOT (Utah department of transportation), Mapleton City engineer, and any other affected local governments; and

      9.   A lease agreement shall be required between the property owner and business owner; and

      10.   The use shall not generate noise above eighty five (85) decibels as measured from one-fourth (1/4) mile away from the perimeter of the site; and

      11.   Access roads shall remain dust free; and

      12.   The property owner or business owner 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. Said bond shall be determined by the city engineer; and

      13.   As a means of mitigating potential safety hazards or significant adverse visual impacts, the planning commission may require additional conditions; and

      14.   Business owner shall obtain a Mapleton City business license. (Ord. 2013-09, 9-3-2013, eff. 10-3-2013)