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Richfield City Zoning Code

17.10 Temporary

T And Seasonal S Uses

17.10.010 Purpose

The following provisions are provided to allow the review of those uses that are identified as either a Temporary (T) Use or a Seasonal (S) Use in the Table of Uses herein. The nature and proposed location of a T or S Use may be such that certain use and location requirements may be necessary to protect adjacent properties and the general health, safety, and welfare of the City.

HISTORY:

Ord. 2024-6, 4/23/2024

17.10.020 Authority

The Zoning Administrator is hereby authorized to act as the Land Use Authority to review and render a final decision approving, approving with requirements, or denying all Land Use Applications to establish a T or S Use.

HISTORY:

Ord. 2024-6, 4/23/2024

17.10.030 Initiation

All requests to establish a T or S Use shall be initiated by filing a T or S Use Application, in the Office of the City Recorder available from the Zoning Administrator. A property owner may present an Application for review and decision by the Zoning Administrator, or an agent of the property owner, or a lessee of the property owner, may present an Application to the Zoning for review and decision, provided such Application is accompanied by a property owner affidavit of authorization.

HISTORY:

Ord. 2024-6, 4/23/2024

17.10.040 Allowed Temporary (T) And Seasonal (S) Uses

Uses identified as a T or S Use in the Table of Uses, may be approved by the Zoning Administrator, with or without requirements, with findings that the uses will be conducted in compliance with all requirements of this Chapter and this Ordinance.

HISTORY:

Ord. 2024-6, 4/23/2024

17.10.050 Application Requirements - Determination Of Application Completeness Required

All T and S Use Applications shall comply with all requirements of this Chapter and this Ordinance, and all other applicable Land Use Ordinances and requirements of the City. All T and S Use Applications shall be determined complete by the Zoning Administrator, as provided by 17.09.060, herein. For T and S Use Applications determined to be incomplete, the Zoning Administrator shall comply with the requirements of 17.09.070, herein.

HISTORY:

Ord. 2024-6, 4/23/2024

17.10.060 Review And Approval Procedures

The procedures for the review and consideration of a T or a S Use Land Use Application are identified herein. The Zoning Administrator may approve, approve with requirements, or deny a T or S Use Application(s) with findings of compliance or non-compliance with this Ordinance, and other Land Use Ordinances and requirements of the City, as applicable.

HISTORY:

Ord. 2024-6, 4/23/2024

17.10.070 Temporary (T) And Seasonal (S) Use Application Requirements

All T and S Use Applications shall include and provide the following information:

  1. A complete Application, available from the Office of the City Recorder.
  2. Application Fees. The T or S Use Application shall include the payment of all fees as applicable and as established by the Council in the City's Consolidated Fee Schedule.
  3. One (1) eleven inch by seventeen inch (11" x 17") size copy of a site plan for the Subject Property, identifying the location of all proposed uses and drawn at a scale as required by the Zoning Administrator, identifying the following:
  4. The location and dimension of the property boundaries and all proposed uses, and all existing buildings or structures located on the property.
  5. The setback requirements, as required by the Zoning District in which the Subject Property is located.
  6. The location of all roads and streets serving the Subject Property, or proposed to serve the Subject Property, and including any permits or authorizations, as required by the City, Sevier County, or the Utah Department of Transportation (UDOT), as applicable.
  7. The location and dimension of all existing and proposed ingress and egress points and off-street parking areas.
  8. All public and private rights-of-way and easements located on, or adjacent to the Subject Property, shall be shown.
  9. The location of all existing fences and walls shall be shown.

HISTORY:

Ord. 2024-6, 4/23/2024

17.10.080 Approval Standards For A Temporary (T) Use Or A Seasonal (S) Use Application By The Zoning Administrator

The Zoning Administrator shall review the T or S Use Application and determine, from the materials presented by the Applicant, the proposed use, as applicable, complies with the following:

  1. The proposed use is an allowed T or S Use within the Zoning District.
  2. The proposed use and the accompanying site plan complies with all requirements of the Zoning District and 17.15 of this Title, as applicable, including minimum area, front, rear and side-yard setbacks, building and structure heights, and all other requirements applicable in the Zoning District.

HISTORY:

Ord. 2024-6, 4/23/2024

17.10.090 Required Findings For Approval Or Denial Of A Temporary (T) Use Or Seasonal (S) Use Application By The Zoning Administrator

  1. If the Zoning Administrator finds that the T or S Use Application, as applicable, complies with all the requirements of this Ordinance, as adopted, and all other Land Use Ordinances and requirements, as applicable, the Application shall be approved.
  2. If the Zoning Administrator finds that the T or S Use Application, as applicable, does not comply with all the requirements of this Ordinance, and all other Land Use Ordinances and requirements of the City as applicable, the Application shall be denied.

HISTORY:

Ord. 2024-6, 4/23/2024

17.10.100 Exemptions

All family reunions and family gatherings are exempt from the requirements of this Chapter.

HISTORY:

Ord. 2024-6, 4/23/2024

17.10.110 Effect Of Approval

The approval of a T or S Use Application by the Zoning Administrator shall authorize the establishment of the approved T or S Use, subject to any requirements of approval. The approval shall not be deemed an approval of any other application, permit, or license.

HISTORY:

Ord. 2024-6, 4/23/2024

17.10.120 Appeal

Any person aggrieved by a decision of the Zoning Administrator regarding a T or S Use Application may appeal such decision as provided by 17.21 herein.

HISTORY:

Ord. 2024-6, 4/23/2024

17.10.130 Temporary (T) And Seasonal (S) Use Approval Amendment

No T or S Use Applications shall be amended. If an amendment is required by the Applicant, a new T or S Use Application shall be required to be filed in the Office of the City Recorder and approved by the Zoning Administrator, as provided and required by this Chapter.

HISTORY:

Ord. 2024-6, 4/23/2024

17.10.140 Expiration

The continuing validity of a T or S Use Application approval is conditioned upon the Applicant proceeding, after approval by the Zoning Administrator, to implement the approval with reasonable diligence. Approval of either a T Use Application shall be effective for a period of forty-five (45) calendar days and an S Use Application shall be effective for a period of ninety (90) calendar days from the date of Application approval, at the end of which time the Applicant shall have proceeded to implement the T Use Application approval or S Use Application approval. If the T or S Use Application approval is not commenced within thirty (30) calendar days, from the date of approval by the Zoning Administrator, the approval shall expire and shall be rendered void.

HISTORY:

Ord. 2024-6, 4/23/2024