Zoneomics Logo
search icon

Millcreek City Zoning Code

18.58 TEMPORARY

USES AND STRUCTURES

18.58.010 Purpose

The purpose of this chapter is to establish standards for temporary uses and structures in Millcreek so that they may be operated in an orderly way that minimizes impacts.

HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.58.020 Applicability

  1. The development standards in this chapter shall apply to all zones in Millcreek in addition to the development standards of the governing zoning district.
  2. Temporary uses are uses that do not exceed thirty (30) days in duration and that do not require permanent structures or improvements that are not already established with an approved permanent use and site plan. Temporary uses and structures lasting more thirty (30) days in duration or are not similar to allowed primary uses in a zone, may only be authorized with a conditional use permit, unless otherwise permitted in Table 18.58-1, Temporary Use Types and Limitations.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.58.030 Permit Required

A temporary use permit reviewed and approved by the Planning Department is required prior to establishment or use activation for all temporary uses and structures, unless only a business license is required.

  1. Permit applications shall be submitted to the Planning Department and include the following:
    1. Proposed use and time frame of use and/or structure.
    2. A site plan that outlines the size, appearance, and location of the use and/or structure(s), access to public streets, temporary lighting, fencing, temporary signs, and any required parking and site improvements.
    3. Hours of operation.
    4. Property owner’s authorization.
  2. Certain uses/structures may require a building permit, a special events permit, or a mass gathering permit in addition to the temporary use permit. Land use approval of a temporary use permit may be subject to obtaining building permits, special events permits, mass gathering permits, or approvals from other agencies with jurisdiction.
  3. Most uses require a business license or an active business license for the principal use.
  4. The Planning Director shall review a temporary use permit. That review may include the approval of other reviews by other agencies with jurisdiction, such as UDOT, the Unified Fire Authority, The Salt Lake County Health Department, applicable water and sewer service providers, and the Millcreek Public Works and Building Departments.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.58.040 Allowed Temporary Uses And Structures

  1. Uses and structures not listed below or in Table 18.58-1, Temporary Use Types and limitations, are not permitted as temporary uses or structures. An applicant seeking a Millcreek Business License may submit a Classification Request by following the procedure as set forth in MKZ 18.15.030 (J), to determine whether a proposed land use aligns with an existing temporary use listed in Table 18.58-1.
  2. Temporary uses in the M, MD, MD-3, RM, C-1, C, IF, and VCSD zones may include, but are not limited to shaved ice, Christmas tree lots, fireworks stands, and sidewalk sales associated with an approved use on the property. Parking lot sales may be allowed as a temporary use for up to four (4) 1-week periods per year when associated with an approved use on the property. Temporary uses are not allowed within setback areas and shall not utilize more than twenty (20%) percent of the gross parking stalls. Fireworks sales are prohibited in the City Center Overlay Zone and in any VCSD.
  3. Portable Shipping Containers, including pods intended for moving, may temporarily be allowed within front yard areas but no closer than ten (10) feet from the street right-of-way.
  4. Temporary Construction and Sales trailers/offices and associated facilities, shall only be allowed with new development and treated as accessory structures for the duration of construction as follows:
    1. Temporary construction trailers/offices shall be removed within thirty (30) days of the final certificate of occupancy or expiration of a permit.
    2. Temporary sales offices shall be removed within six (6) months of the final certificate of occupancy.
  5. Yard and Garage Sales, Open houses, shall be limited to three (3) consecutive days and are only allowed within non-commercial zones or on a lot or parcel with a legally-established residential use. No consignment goods may be offered.
  6. Regulations for Temporary Signs are set forth in MKZ 18.65.140.
  7. Stationary Retail Food Trucks are not allowed in any R zone or the AG zone, except for a private special event. Specific zone and location limitations are set forth in MKZ 18.58.050.
  8. City sponsored events are exempt from the regulations of this title.
  9. Temporary uses and structures shall not cause or create a nuisance or hazard and shall conform to all requirements of this title. The property owner shall ensure that all trash is removed, and the property is restored to a clean condition after a temporary use is terminated.
Table 18.58-1 Temporary Use Types and Limitations
Land UseM, MD, MD-3, RM, C-1, C, IFFRE, R-1, R-2, R-4, AGLimitations/references Duration allowed
Christmas Tree Sales, Fireworks SalesP
In addition to these zones, Christmas tree sales allowed in public parks, subject to approval of the jurisdiction overseeing the park. Christmas tree sales and fireworks sales are prohibited in a front yard setback. Fire Department approval required. Fireworks sales are prohibited in the City Center Overlay Zone. Up to 6 weeks or as prescribed by State Law
Temporary Sales Tents/Events, including Parking Lot Sales P
Shall not encroach on more than 20% of the principal use’s parking requirement. Mass gathering permit may be requiredOnly allowed for up to two weeks per event with 5 events per year allowed; or one event not to exceed ten weeks. Temporary sales tents must be erected and dismantled within one week of the event.
Temporary Seasonal Structures such as Dining yurts or TentsP
Only allowed in conjunction with an indoor dining restaurant. Shall not encroach on any parking.Up to 6 months
Seasonal Structures P
For commercial businesses to add dining or sales space onlyUp to 6 months
Special EventsPPMay require additional department approvals, especially the Salt Lake County Health Department and the Unified Fire Authority.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.58.050 Temporary Use Site Standards

  1. Construction Trailers and Construction Offices may be permitted as a temporary use, provided they satisfy the following requirements:
    1. Construction trailers and construction offices shall not be placed in any right-of-way that has been dedicated and accepted by the City, or open for public use.
    2. A temporary use permit may be extended when associated with a commercial or multi-household building permit.
    3. Separate permits may be obtained for developments with multiple phases.
    4. All construction trailers and construction offices shall be removed within 30 days of the issuance of a Certificate of Occupancy or acceptance of the public infrastructure of the associated phase of a subdivision or development.
  2. Onsite Real Estate Sales Offices may be permitted as a temporary use in any zone provided they satisfy the following requirements:
    1. Onsite real estate sales offices shall be located on private property.
    2. An off-street parking area adjacent to the onsite real estate sales office must be provided. It shall be constructed of compacted gravel or road base and provide a minimum of three parking spaces.
    3. All onsite real estate sales offices shall be accessible to persons with disabilities.
    4. Onsite real estate sales offices located within a model home do not require a temporary use permit. Onsite real estate sales offices shall be removed upon establishing a sales office within a model home, clubhouse, or other permanent structure.
  3. Mobile Food Vendors may be permitted as a temporary use in any zone provided they satisfy the following requirements:
    1. All mobile food venders shall obtain a Business License and comply with the requirements specified therein.
    2. All requirements of the Salt Lake Health Department shall be met.
    3. A building permit shall be required for any electrical connections.
    4. Stationary food trucks shall have access to sanitary facilities within 300 feet.
    5. Ice Cream Truck operations are subject to the following requirements:
      1. An ice cream truck shall not sell any goods to individuals standing in the street.
      2. An ice cream truck shall not be allowed to sell goods from a motorized vehicle while in the right-of-way on any street with a right-of-way of at least 66 feet in width.
      3. An ice cream truck is prohibited from pulling any trailer with a motorized vehicle during business operation.
      4. An ice cream truck shall not stop or be located within an area that would block an intersection or driveway clear view area as set forth in MKZ 18.67, Clear View Areas, or obstruct the view of traffic. 
      5. An ice cream truck does not require a Temporary Use Permit but shall obtain a business license.
    6. Food Trucks, Trailer, and Cart operations are subject to the following requirements:
      1. Food trucks and carts are restricted to M, MD, MD-3, RM, C-1, C, CCOZ, and IF zones and on private property for special events in any zone. Food trucks, trailers and carts shall:
        1. Only be permitted at an existing brick-and-mortar business location or within a City/County park, or a private residence with the property owner’s written permission.
        2. Provide, maintain, and remove trash receptacles for the duration of sales and/or events.
        3. Provide sanitation services within 300 feet for employees and patrons. An agreement with the hosting business may satisfy this requirement.
      2. Exceptions
        1. Retail sales are permitted on public and private school property with the school district’s or property owner’s written permission, regardless of the zone.
        2. Retail sales are permitted at parks or on public property with the property owner’s written permission, regardless of the zone.
        3. Dining areas are only permitted when approved by the property owner and shall be set up and taken down with each occurrence. 
      3. Food Trucks shall not be parked overnight at a sales location without written permission from the property owner, nor shall food trucks be parked overnight on public property or within a public right-of-way.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.58.060 Temporary Signs

All temporary signs associated with temporary uses are subject to the standards of MKZ 18.65.140, Temporary Signs, and the following standards:

  1. All images, text, and wraps that do not project from a motorized or non-motorized vehicle that solely advertise for the Mobile Food Vendor business are permitted.
  2. Ice Cream Trucks are only permitted signage that does not project from the vehicle and solely advertises for the associated business.
  3. Food Trucks are permitted two A-Frame signs.
  4. Food Carts are permitted one A-Frame sign.
  5. A-Frame signs shall not exceed four feet (4’) in height and 12 square feet of sign copy area and include sufficient weights to prevent movement due to windy conditions.
  6. Signs for yard sales are limited to six (6) square feet in area.
  7. Signs are not permitted in the public right-of-way.
  8. Signs exceeding three feet (3’) in height shall not be placed in an intersection or driveway clear view area as set forth in MKZ 18.67, Clear View Areas.
  9. Off-premise signs are prohibited.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

18.58.070 Permit Application Requirements

  1. The following shall be submitted for review with a Temporary Use Application:
    1. A Temporary Use Permit application following the procedures as set forth in MKZ 18.15.030 (I), including a site plan for each location.
    2. Any proposed signs.
    3. Letter of consent by hosting property owner.
    4. Proof of sanitation facilities or agreement with hosting business/property owner or an adjacent owner.
    5. An applicant seeking a business license to operate a mobile food truck, trailer or cart must submit a photograph of the vehicle as part of a business license application.
  2. Yard sales. Yard sales must satisfy the requirements of this chapter, but no permits are required.
  3. Special events.
    1. Outdoor community engagement events are allowed on private and public property with the property owner’s permission.
    2. Such events shall be reviewed by the Unified Fire Authority, Unified Police Department, and the Salt Lake Health Department, which may impose requirements for circulation, trash, sanitation, temporary parking, traffic, restroom facilities and any other relevant operational considerations.
    3. Mass gathering permits are required for events with more than 500 people and greater than 2 hours in duration.
    4. Special Events located on City right-of-way and City property are not regulated by this chapter but are subject to the standards as set forth in MKC 14.56.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

25-12