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Roy City Zoning Code

10-16 TEMPORARY

USES

10-16-1 PURPOSE

The following regulations are provided to accommodate those uses that are identified as a Temporary Use in the Table of Uses. The character and nature of a Temporary Use may be such that conditions may be required to protect adjacent properties and the general health, safety, and welfare of citizens of the City.

10-16-2 AUTHORITY

The Zoning Administrator is hereby authorized to review and render a decision approving, approving with revisions, or denying Temporary Use Applications to establish a Temporary Use, as identified herein.

10-16-3 INITIATION

All requests to establish a Temporary Use, as identified in the Table of Uses, RZC 10-17, shall be made on the applicable application form provided by the City. A property owner may present a Temporary Use Application for review and decision by the Zoning Administrator. An agent of the property owner, or a lessee of the property, may present a Temporary Use Application to the Zoning Administrator for review and decision, provided such Application is accompanied by a property owner affidavit of authorization.

10-16-4 REVIEW AND APPROVAL PROCEDURES

  1. The procedures for the review and consideration of a Temporary Use Application are identified by Figure 16-1, herein.
  2. An application to establish a Temporary Use shall be determined complete by the Zoning Administrator, as provided by RZC 10-12-7. For Temporary Use Applications determined to be incomplete, the Zoning Administrator shall comply with the requirements of RZC 10-12-8.
  3. The Zoning Administrator is authorized to render a decision on the issuance of a Temporary Use permit upon a finding that the proposed use is identified as a Temporary Use in the Table of Uses, and will be conducted in compliance with all requirements of this Ordinance, Building Codes, as adopted, and all Health Codes, as applicable.

    FIGURE 16-1 - Temporary Use Application Procedures 

10-16-5 ALLOWED TEMPORARY USES

The following uses and activities may be permitted by the Zoning Administrator with a finding that the Temporary Use will be conducted in compliance with all the requirements of this Ordinance:

  1. A Temporary Use proposed shall be established for a maximum period of 45 days, such use being discontinued after the expiration of 45 days.
  2. Special Events, for a period not to exceed 45 days, including;
    1. Non-Profit Fund-raising Activities conducted by a registered Non-Profit Organization.
    2. Organized Events, Educational, Historic, Religious and Patriotic Displays or Exhibits, including concerts, athletic or recreational events, festivals, arts and crafts fairs, and other organized events.

10-16-6 EXEMPTIONS

All family gatherings shall be exempt from the requirements of a Temporary Use permit and shall not require a Temporary Use Application.

10-16-7 SITE PLAN REQUIREMENTS TO ESTABLISH A TEMPORARY USE

All Temporary Use Applications shall include and provide the following Site Plan information:

  1. A completed Temporary Use Application, as provided by Roy City.
  2. Two (2) 11x17 size copies of a Site Plan with the proposed building(s) drawn at a scale as required by the City Engineer, identifying the following;
    1. The location and dimension of the property boundaries and all proposed uses and buildings, and existing buildings or other structures located on the property.
    2. The proposed setbacks and exterior dimensions of all proposed buildings and structures.
    3. The location of roads and streets serving the site, or proposed to serve the site.
    4. The location and dimension of all existing and proposed ingress and egress points and offstreet parking.
    5. The types and sizes of signage.

10-16-8 EFFECT OF APPROVAL

Approval of a Temporary Use Application shall authorize the establishment of the approved temporary use, subject to any conditions of approval. Approval of a Temporary Use Application shall not be deemed an approval of any other application, permit, or license.

10-16-9 APPEAL

Any person aggrieved by a final decision of the Zoning Administrator regarding a Temporary Use Application may appeal the decision to the Appeal Authority as provided by RZC 10-28.

10-16-10 TEMPORARY USE APPROVAL AMENDMENT

No Temporary Use Application shall be amended. If an amendment to a Temporary Use Application is required, a new Temporary Use Application shall be required for review and processing by the Zoning Administrator as provided in this Chapter.

10-16-11 EXPIRATION

A Temporary Use Application approval shall expire and shall be invalid if the approved temporary activity, as authorized by the approval, is not commenced within thirty (30) days from the date of approval.