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Milford City Zoning Code

13.25 Temporary

Uses

13.25.010 Purpose

The purpose of this subtitle is to permit and regulate uses which by their nature are for temporary periods and are not detrimental to the health, safety and public welfare of the community.

13.25.020 Temporary Use Permit Required

No use mentioned in this title shall be permitted, engaged or commenced until a written permit therefore has been obtained from the Zoning Administrator. Depending on the zone, certain of these uses may also require a conditional use permit.

13.25.030 Application And Filing Fee

Application for a temporary use permit may be made by the property owner or his authorized agent. The application shall be filed with the Milford City Treasurer who shall charge and collect a filing fee for each application, as determined by resolution of the City Council.

13.25.040 Uses Permitted Subject To Temporary Use Permit

The following uses require a temporary use permit:

  1. Carnivals, circuses, animal rides, animal displays and amusement rides.
    1. May be permitted for a period of ten days in any calendar year, and such activity may be permitted for up to seven consecutive days at any one time.
    2. These uses are subject to City Council approval.
    3. Such events may be held at locations as approved by the City Council.
    4. Application shall be made no less than 30 days prior to the date of commencement of the proposed use.
  2. Christmas tree sales lots may be permitted by the City subject to the Following minimum conditions:
    1. Compliance with fugitive dust regulations;
    2. Compliance with sign regulations;
    3. Building Official approval of temporary lighting;
    4. Provisions for maintenance and clean-up;
    5. Application shall be made no less than 15 days prior to the date of commencement of the proposed use;
  3. Temporary parking lots may be permitted by the City subject to the following minimum conditions;
    1. Duration of use not to exceed a total of 20 days over a one year period;
    2. Compliance with fugitive dust regulations;
    3. Building Official approval of temporary lighting;
    4. No more than one sign not to exceed ten square feet shall be permitted on the site;
    5. No overnight camping;
    6. Provisions for maintenance and clean-up;
    7. Application shall be made no less than 15 days prior to the date of commencement of the proposed use.
  4. Rummage sales, sidewalk sales or outdoor sales sponsored by one or more merchants or by a non-profit organization may be permitted by the Zoning Administrator at stores, garages, churches, assembly halls or other locations subject to the following minimum conditions:
    1. Duration of use not to exceed ten days;
    2. No more than six events per year shall be permitted;
    3. There shall be a minimum of 30 days between events;
    4. No more than one sign not to exceed six square feet shall be permitted on the site.
    5. Application shall be made no less than seven days prior to the date of commencement of the proposed use.
  5. Garage or yard sales may be permitted by the City subject to the following minimum conditions:
    1. Duration of use not to exceed two days;
    2. There shall be a minimum of 30 days between events;
    3. No more than one sign not to exceed six square feet shall be permitted on the site;
    4. Merchandise shall be restricted to private property of the owner or tenant of the residence;
    5. Application shall be made no less than 24 hours prior to the date of commencement of the proposed use.
  6. Temporary buildings or storage facilities for the housing of tools, equipment and materials, or containing supervisory offices in connection with major construction projects may be permitted by the City subject to the Following minimum conditions:
    1. Such temporary facilities may not be maintained for a period to exceed one year, unless a new permit has been obtained from the City;
    2. Building Official approval is required;
    3. Use must be discontinued upon completion of the project;
    4. Application shall be made no less than 15 days prior to the date of commencement of the proposed use.
  7. Real estate sales offices may be permitted by the City subject to the following minimum conditions:
    1. No more than one temporary real estate office may be located on any new subdivision in any zone;
    2. Building Official approval is required;
    3. Such office shall be removed at the end of one year, unless a new permit has been obtained from the City;
    4. Said real estate office to be erected only for use in sale of homes or parcels within the subdivision in which it is located;
    5. Use must be discontinued upon completion of the project;
    6. Application shall be made no less than 15 days prior to the date of commencement of the proposed use.
  8. Other uses as the City may consider to be within the intent and purpose of this subtitle may be permitted.

13.25.050 Decision

Application for a temporary use permit shall be reviewed by the City office staff or recorder. The City shall approve, conditionally approve or disapprove such application. Said permit shall be approved only if it has been found that such proposed use, under the conditions imposed, will not have an adverse effect on the use of public or private property in the neighborhood of the proposed use or upon the public health, safety, or general welfare. No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit.

13.25.060 Appeals Of Decision

The applicant may appeal the decision of the City office staff to the Planning and Zoning Commission within 15 days after such action or decision in which case the Planning and Zoning Commission shall have to power of denying or granting such permit and setting forth any applicable conditions relating thereto. No formal public hearing need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a permit.

13.25.070 Conditions

The City office staff may impose any conditions necessary to assure that said temporary use permit will not adversely affect adjoining properties, public or private, or the public health, safety and general welfare.

13.25.080 Revocation

The City office staff may revoke a temporary use permit for violations of conditions of approval or, if it has been found that the continuance of said use is a nuisance or a danger to the public health, safety or general welfare. Said revocation may be appealed in the manner prescribed in 13.25.060.