(1) Uses allowed on a temporary basis in accordance with the provisions of this Chapter may include, but are not limited to, the following: carnivals, circuses, fireworks stands, fireworks displays, Christmas tree lots, shaved ice stands, farmers’ markets, promotional displays, tents for religious services, revivals, retreats, political rallies, or campaign headquarters. Temporary uses shall be restricted to the following zones: PF, PIC, SC1, SC2, SC3, DT1, DT2, GW, FC, ITOD, CG, CM, M1, and M2.

(2) A temporary use permit shall not be required for a garage sale; provided, that the 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 personal belongings of the residents. Goods offered for sale shall not be placed over a public sidewalk or in a public right-of-way.

(3) A temporary use shall be allowed for a maximum thirty (30) day duration per calendar year, except for shaved ice stands which may be permitted from April 1 to October 31 and farmers’ markets which may be permitted from May 1 to October 31.

(4) A farmers’ market permit applicant shall secure a temporary use permit according to the provisions of this Chapter. The person responsible for the operation of the farmers’ market shall pay the required fee for the temporary use and submit a site plan which:

(1) That the conduct of the requested use will not have any detrimental effects on adjacent properties and will be in general harmony with surrounding uses;

(2) That 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

(3) That the applicant shall have sufficient liability insurance for the requested use or event.

(1) 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:

(2) The minimum required parking shall be two (2) spaces except that a reasonable number of additional parking places may be required. Such parking 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 Chapter 14.37, Provo City Code.

(3) The layout of the proposed use shall be compatible with the access, parking, circulation, and other significant elements of any other uses or structures existing on the site.

(4) All structures shall be securely anchored to the ground at not less than four (4) points as directed by the Chief Building Official.

(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. In no case shall approval be given for a period exceeding thirty (30) days except for farmers’ markets and shaved ice stands. All temporary structures shall be removed within fifteen (15) days of the temporary use being closed or the permit expiring, whichever occurs first.

(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 according to the following schedule:

(1) 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 when the permit requirement is waived as provided in Subsection (2) of this Section.

(2) A permit to sell cut fir, evergreen or Christmas trees shall be obtained as otherwise described in this Chapter 14.35, Provo City Code. The permit required by this Section shall allow tree sales from one (1) day prior to Thanksgiving Day to December 25 of the year in which the permit is issued. The fee charged for the permit described in this Section shall be in lieu of a business license fee and shall be as shown on the Consolidated Fee Schedule adopted by the Municipal Council. Provided, however, that no fee shall be charged for the permit required by this Section if:

(1) It shall be unlawful for any person to offer special event activities in Provo City without first obtaining a special event permit from the Zoning Administrator.

(2) The applicant shall comply with the specific requirements listed below, as well as the standards and requirements for temporary uses set forth in this Chapter. In the event of a conflict between the two sets of standards, the most restrictive shall apply.

(3) “Event” or “Events” as used in this Section shall mean the period of time commencing with the first day the special event permit authorizes the special use and ending on the day specified as the expiration date of the permit or the day and time the equipment used for the activity is removed (temporarily, overnight or otherwise), from the location defined in the permit, whichever occurs first.

(4) A special event permit shall be obtained for each location and each event.

(5) A fee as shown on the Consolidated Fee Schedule adopted by the Municipal Council shall be required for each event at a specific location, and three hundred dollar ($300) bond shall be posted for each event and each location.

(6) Liability insurance in the amount of $1,000,000 for personal injury, $3,000,000 per event showing Provo City as an additional insured shall be required.

(7) A hold harmless and indemnity agreement shall be signed by the permit holder.

(8) Special events may be held in an agricultural zone subject to specific site approval.

(9) A special event permit may be canceled if it is determined by staff that the use is detrimental to the health, safety and welfare of the community at the location specified on the permit.