The purpose of this chapter is to protect the general health, safety and welfare by prescribing regulations for uses that are special because of the impact the use may have if not strictly controlled, and to prescribe specific standards for these uses to achieve the following goals:

A.

To promote wise and efficient use of the Town's natural and physical resources which are limited by topography, area, and proximity.

B.

To protect, preserve, and enhance the aesthetic qualities of the Town.

C.

To minimize the visual, noise and air pollution impacts caused by special uses, and the undue burden special uses may place on public utilities and services.

D.

To provide a "village scale" in the Town by promoting small scale, family owned businesses.

This chapter applies to the uses hereinafter enumerated. Where this chapter prescribes regulations more restrictive than the zone in which a use is permitted or conditionally permitted, the provisions of this chapter will apply.

The following regulations are provided to accommodate those uses of land or buildings which are temporary in nature and are not, therefore, listed as regular permitted or conditional uses in any zone of the Town. The character of these uses is such that regulations are required to mitigate the impact of these uses on adjacent properties, as well as the general health, safety and welfare of the citizens of the Town. These regulations in this section are adopted to mitigate the negative impacts of temporary uses and events on native wildlife, the night sky, the natural quiet, the Virgin River, and other similar natural resources. Any building or structure which does not meet the requirements of this section shall be treated as a permanent land use and shall conform to all required standards of Building, Health, Fire, Zoning and other similar Codes and ordinances.

A.

Definitions: The following definitions apply to this section:

Beer garden: An enclosed area where any type of alcoholic beverage (beer, wine, cider, spirits) is served and/or sold.

Free speech event: Any planned event on public property that: 1) involves 100 or more participants and 2) is organized with the primary purpose being the exercise of expressive activities, including but not limited to rallies, speechmaking, picketing, protesting, marching, demonstrating, or debating.

Fundraising event: Any planned event that: 1) involves less than 100 people, 2) takes place wholly on private property with the written permission of the property owner, 3) does not fall within the definition of a large outdoor event, special event, or free speech event, and 4) is organized with the primary purpose being fundraising for a non-profit organization, community organization, or some other charitable purpose.

Large outdoor event: An outdoor event on commercial or public property that: 1) is open to the general public, 2) involves 100 or more participants, and 3) involves the use of any street, sidewalk, park, or other Town property in a way that is inconsistent with normal or usual traffic, pedestrian, park, or similar regulations or controls, or has the potential to impact surrounding properties or public rights-of-way. These events may include but are not limited to parades, athletic events, festivals, and concerts.

Private outdoor event: An outdoor event to which the general public is not invited.

Special event: A temporary use (other than a large outdoor event or free speech event) that has the potential to impact the community through noise, traffic, parking, or other similar impacts, which includes but is not limited to commercial filming of a media broadcast (other than for news purposes), filming of a motion picture or other commercial media, or still commercial photography.

Temporary structure: Any temporary living space, office space, or storage space that is used during residential or commercial construction.

B.

Permit required; liability: It is unlawful for any person, corporation, partnership, association, or any other entity to organize or host an event for which a permit is required under this section without first obtaining the permit. Liability under this section extends only to the organizer(s) and not to participants in any nonpermitted event.

C.

Standards for each class of events:

1.

A private outdoor event is allowed in all zones subject to noise, nuisance, health, and other applicable standards in this Code. A permit is required for a private outdoor event with 100 or more participants. Notwithstanding the foregoing, no permit is required for the following: (i.) a private outdoor event on residential property; and (ii.) a private outdoor event with less than 100 participants that is held on commercial or public property. In determining the number of participants, all persons associated with the event are counted, including guests, hosts, service staff, event promoters, vendors, performers, etc.

a.

Standards for private outdoor event permits:

(1)

The event must not create a parking problem in the right-of-way or on adjacent properties. The applicant must ensure there is sufficient parking to accommodate all event guests. Such parking may be on-site, on-street through an on-street event parking permit, or at an approved off-site and off-street parking area with the written permission of the off-street parking area property owner.

(2)

The applicant must designate an on-site manager who will be the event day contact for the Town and who will be responsible for ensuring the event complies with all applicable standards and ordinances.

(3)

The event must comply with all Town codes for lighting, noise, nuisance, and other applicable codes.

b.

Application process for private outdoor event permits:

(1)

Application review: Applications for private outdoor events are reviewed by the DCD or designee.

(2)

Application requirements: Applications for a private outdoor event must contain all of the following:

(A)

Official, completed application;

(B)

Written letter of authorization from the owner of the property where the event will take place;

(C)

Site plan, to scale, showing the property and location of event facilities and any temporary structures;

(D)

Parking plan;

(E)

Name and cell phone number of on-site event manager who will be responsible for ensuring the event complies with all applicable standards and ordinances and who will be on-site at all times during the event;

(F)

Application fee, not to exceed $25.00.

2.

A permit is required for any large outdoor event.

a.

Standards for large outdoor event permits:

(1)

The event cannot last more than three calendar days.

(2)

The location will not create a parking problem in the right-of-way or on adjacent properties. The event planner must ensure there is sufficient parking to accommodate all event guests. Such parking may be on-site, on-street through an on-street event parking permit, or at an approved off-site and off-street parking area with the written permission of the off-street parking area property owner.

(3)

The event will not cause a traffic hazard. If, in the opinion of the Chief of Police, traffic control is necessary for the event, the applicant, at the applicant's expense, shall provide a traffic control plan. The Chief of Police and Street Department will both review the traffic control plan prior to approval of the large outdoor event permit. The applicant, at the applicant's expense, shall provide all traffic control identified in the traffic control plan. If the event includes a road closure or will create traffic delays, the applicant is responsible for displaying an advance notice sign near the SR9/SR17 intersection that alerts travelers to the potential for traffic delays. Such sign must be in place at least three days prior to the event.

(4)

The applicant shall provide copies of UDOT approval for any event that takes place within or utilizes in any way the SR-9 right-of-way.

(5)

The applicant must provide sufficient on-site sanitary facilities to accommodate the anticipated number of event participants. A plan for the provision of sanitary facilities must be provided with the application.

(A)

If the event includes the distribution of alcohol, a sanitary facility must be provided within the controlled area and a sanitary facility must also be provided outside the controlled area.

(6)

The applicant must provide sufficient on-site trash and recycling facilities. The applicant is responsible for ensuring the trash and recycling facilities are emptied on a regular basis to prevent trash and debris from accumulating in the area of the event.

(7)

The applicant must provide copies of Health Department approval where food items are handled or sold, and in any other situation where Health Department standards apply.

(8)

If the event includes distribution of alcohol, the applicant must provide documentation of application to the State of Utah for an alcohol permit at the time the large outdoor event permit is submitted to the Town. Applicant must also provide a final copy of the state alcohol permit prior to the commencement of the event.

(A)

The event must erect a fenced beer garden defined as an enclosed area consisting of fencing no less than three feet (3') in height and secured at the top and bottom. Consumption of alcoholic beverages shall be restricted to that area within the confines of the beer garden; and

(B)

There must be adequately displayed signage warning that alcoholic beverages shall not be passed over the area's barrier or be removed from the enclosed area.

(9)

The applicant must provide an insurance certificate evidencing general liability coverage in the amount of at least $3,000,000.00 listing the Town of Springdale as an additional insured, and if requested, a copy of the policy. Greater liability limits may be required based on the nature of the event or the number of participants.

(10)

The applicant must designate an on-site event manager who will be the event day contact for the Town and who will be responsible for ensuring the event complies with all applicable standards and ordinances. The applicant must display a sign measuring two feet by two feet in a conspicuous location at the event which contains the on-site event manager's name and day of event cellular phone contact number.

(11)

The application must be submitted a minimum of six weeks prior to the event. The Town assumes no responsibility for investment, advertisement, publicity, registrations accepted, etc., prior to the approval of the event permit. Nor shall such be used as justification for approval of the event permit.

(12)

The applicant must partake in a pre-event meeting a minimum of three weeks prior to the event with applicable staff if the event: 1) requires traffic control, 2) distributes alcohol, or 3) utilizes a Town property.

b.

Application process for large outdoor event permits:

(1)

Permit request: A request for a large outdoor event permit is reviewed by the DCD, or designee.

(2)

Application requirements: An application for a large outdoor event permit must contain all of the following:

(A)

Official, completed application;

(B)

Cover letter and narrative describing the event;

i.

The name, mailing address and telephone number of the person or organization in charge;

ii.

Location of event;

iii.

Detailed description of the event;

iv.

The date when the event is to be conducted;

v.

The hours the event will start and terminate, including the set-up and take down times;

vi.

Detail the sanitation facilities, trash, and recycling plan;

vii.

Detail the traffic control, parking; and

viii.

If the event includes the distribution of alcohol, detail the control measures.

(C)

Written letter of authorization from the owner of the property where the event will take place;

(D)

Site plan, to scale, showing the property and location of event facilities and any temporary structures;

i.

Applicant must submit a detailed schematic/map that includes fencing/barriers, equipment/furniture (tents, tables, bars, stage, etc.) including dimensions, location of booths (if applicable), description of the services planned (selling food, liquor, etc.) location of sanitary facilities, location of trash and recycling equipment; and

ii.

If the event includes a beer garden the applicant must submit the dimensions and material of fencing/barriers plan, entrances and exits including dimensions, and, equipment/furniture including dimensions, and signage which includes the organizer's phone number.

(E)

Name and cell phone number of the on-site event manager who will be responsible for ensuring the event complies with all applicable standards and ordinances and who will be on-site at all times during the event;

(F)

UDOT approval, if utilizing the SR-9 right-of-way;

(G)

Sanitary facilities plan;

(H)

Trash and recycling plan;

(I)

Health Department approval, if food items are sold or handled or in other situations that require Health Department approval;

(J)

Insurance certificate evidencing general liability coverage in the amount of $3,000,000.00 listing the Town of Springdale as an additional insured, and if requested, a copy of the policy;

(K)

Application fee.

3.

A permit is required for any temporary structure.

a.

Standards for temporary structure permits:

(1)

Temporary structures for residential construction: A mobile home and other temporary structures, designed for use as temporary dwelling space, and portable sanitary facilities or tool storage structures, may be placed upon the premises during the actual period of construction of a permanent single- or two-family residential dwelling, provided the following conditions are met:

(A)

A building permit for construction of the permanent residence has been issued prior to location of the mobile home or other temporary structure on the site; and

(B)

The structures are temporary and remain on the site only until final inspection is granted on the permanent residence, and in no event for a period exceeding two years.

(2)

Temporary structure for commercial construction: Temporary structures designed for use as temporary dwelling space for security purposes, temporary office space, portable sanitary facilities, or tool and equipment storage, may be placed upon the premises during the actual period of construction of a commercial building. A certificate of occupancy will not be issued until any temporary structure is removed from the property.

b.

Application process for temporary structure permits:

(1)

Permit request: A request for a permit for a temporary structure is reviewed by the DCD, or designee.

(2)

Application requirements: Applications for temporary structures during construction must contain all of the following:

(A)

Official application;

(B)

Written letter of authorization from the owner of the property where the temporary structure will be placed;

(C)

Site plan, to scale, showing the property and location of all proposed temporary structures;

(D)

Notarized statement from the property owner acknowledging the temporary structures will be removed from the property prior to the issuance of a certificate of occupancy for the main structure on the property;

(E)

Application fee.

4.

A permit is required for any special event.

a.

Standards for special event permits:

(1)

The use cannot last more than three calendar days, and must be the shortest possible duration necessary based on the type of event.

(2)

The use will not cause an unreasonable impact on traffic, access to properties, parking, or other transportation systems.

(3)

The use will not cause an unreasonable impact on surrounding properties in loud or unusual noises, odors, vibrations, or other similar annoyances.

(4)

The applicant must provide sufficient on-site sanitary facilities to accommodate the anticipated number of event participants. A plan for the provision of sanitary facilities must be provided with the application.

(5)

The applicant must provide sufficient on-site trash and recycling facilities. The applicant is responsible for ensuring the trash and recycling facilities are emptied on a regular basis to prevent trash and debris from accumulating in the area of the event.

(6)

If taking place in the UDOT right-of-way, approval from UDOT is required.

(7)

Written authorization from owners of property where the use will be located is required.

(8)

The applicant must provide a certificate of insurance evidencing general liability coverage of at least $3,000,000.00 listing the Town of Springdale as an additional insured, and if requested, a copy of the policy. Greater liability limits may be required based on the nature of the use.

(9)

The Planning Commission may impose following additional conditions to mitigate the anticipated detrimental impacts of the use related to:

(A)

Traffic: A traffic control plan may be required if, in the opinion of the Chief of Police, the special event will have a significant impact on the efficiency or safety of traffic circulation in the Town. The applicant, at the applicant's expense, shall provide all traffic control identified in the traffic control plan.

(B)

Parking: Supplemental parking may be required, depending on the nature of the use. The applicant is responsible to secure authorization for the requisite number of parking spaces for the use.

(C)

Noise and other nuisances: The commission may impose reasonable time limits, noise limits, and other similar limits designed to mitigate the noise impact of the proposed use on adjacent properties.

b.

Application process for special event permits:

(1)

Application review: An application for a special event permit is reviewed by the Planning Commission.

(2)

Application requirements: An application for a special event permit must contain all of the following:

(A)

Official application;

(B)

Cover letter and narrative describing the proposed special event;

(C)

Written letter of authorization from the owner of the property where the event will take place;

(D)

Site plan, to scale, showing the property and location of special event facilities and any temporary structures;

(E)

Name and cell phone number of on-site event manager who will be responsible for ensuring the use complies with all applicable standards and ordinances and who will be onsite at all times during the use;

(F)

UDOT approval, if utilizing the SR-9 right-of-way;

(G)

Sanitary facilities plan;

(H)

Trash and recycling plan;

(I)

Insurance certificate listing the Town of Springdale as an additional insured under a commercial general liability policy;

(J)

Application fee.

5.

A free speech event must be authorized by a permit pursuant to this section.

a.

Standards for free speech event permits:

(1)

The event must take place on public property in a traditional public forum, which is defined as a Town street, sidewalk, park, or any other Town property that the Town has opened for use by the public for free expression in general. These locations include the grounds around Town Hall and around the Canyon Community Center. A traditional public forum does not include property directly associated with the operation of utilities, public works, or emergency operations. Free speech events are not allowed inside the Town Hall. Free speech events may be allowed inside the Canyon Community Center, but only after complying with the rental and reservation process for the Canyon Community Center.

(2)

Free speech events may not take place at times and in such a manner that will unreasonably disturb the peace and quiet enjoyed on surrounding properties. Free speech events may not generate noise that is perceptible on Residentially zoned property between the hours of 10:00 p.m. and 7:00 a.m. the following day.

(3)

Free speech events may not obstruct the free flow of traffic on streets, unless the appropriate permits from both UDOT and the Town of Springdale to impact the public right-of-way have first been obtained.

(4)

Free speech events may not obstruct the sidewalk to the degree that pedestrians are unable to safely navigate the sidewalk around the event.

(5)

Free speech events may not block or impede access to any business, residence, or government facility.

b.

Application process for free speech events:

(1)

Application review: The DCD (or designee) reviews applications for free speech event permits.

(2)

Application requirements:

(A)

Official application;

(B)

Cover letter and narrative describing the event;

(C)

Name and cell phone number of on-site event manager who will be responsible for ensuring the event complies with all applicable standards and ordinances and who will be onsite at all times during the event;

(D)

UDOT approval, if utilizing the SR-9 right-of-way;

(E)

Approved large outdoor event permit, if the event includes a parade or march that will obstruct the free flow of traffic on any dedicated right-of-way;

(F)

No application fee is required.

c.

Exemptions for free speech events:

(1)

Notwithstanding the requirements above, the DCD may waive any application requirement for a free speech event that would be so financially burdensome that it would preclude the applicant from using a traditional public forum for the proposed free speech event. Application for a waiver shall be made on a form prescribed by the Town and must include an affidavit by the applicant stating that the requirement(s) would be so financially burdensome that it would preclude the applicant from using Town property for the proposed free speech event. A denial of a waiver under this subsection may be appealed under the procedures provided in subsection H. of this section.

(2)

A free speech event (and any large outdoor event that is also a free speech event) is exempt from the insurance requirement under subsection C.2.a.(8) of this section, provided that the applicant certifies that: a) the applicant does not maintain such insurance coverage; b) the cost to obtain insurance coverage for the event is not commercially reasonable or is so cost prohibitive as to prevent the applicant or the event planner from holding the event; and c) the event will not include fireworks or other similarly extraordinarily hazardous features, commercial activity, the sale or consumption of alcoholic beverages, or fuel storage.

6.

No permit is required for any fundraising event.

D.

Additional requirements or conditions: The DCD or Planning Commission, as the case may be, may impose additional requirements or conditions on any permit as necessary to protect the public interest by ensuring traffic management, noise control, available parking, security of property, or the health and safety of the public.

E.

Revocation and dispersal: The Town Manager may revoke any permit for violation of any conditions or standards imposed with the permit. The Police Chief may disperse any event that is being conducted in a manner inconsistent with the conditions of the permit, or if the event is in violation of any federal, state, or local law.

F.

Permit application denied: The application reviewer may, in writing, deny any permit application under this section if:

1.

The proposed event violates a law, ordinance, policy, procedure, or regulation related to the time, place, or manner of the proposed event.

2.

The proposed event is not consistent with the intended nature and use of the requested Town property, unless the applicant demonstrates that there is no alternative forum by which the applicant may reach the intended audience with the same intended message.

3.

The proposed event is scheduled at a place and time that will disrupt or interfere with a previously approved event.

4.

The proposed location or facility is not adequate to accommodate the proposed event, or the nature of the proposed event is such that the Town does not have sufficient resources available to ensure the health, safety, and welfare of event participants or the general public.

5.

The permit application contains a material falsehood or misrepresentation.

6.

The applicant is legally incompetent to contract, or to sue and be sued.

7.

The applicant has failed to pay a debt to the Town for costs incurred during a prior special event.

8.

The proposed event poses a significant danger or threat to the public health, welfare, or safety, or may result in unreasonable inconvenience or cost to the public.

G.

Permit exemptions: The following events are exempt from all permitting requirements of this section:

1.

School events located on or directly adjacent to school property; and

2.

Activities lawfully conducted wholly by a governmental entity.

H.

Appeals: An applicant may, in accordance with this subsection, appeal the denial of a permit or the imposition of a condition on a permit. To file an appeal, the applicant must, within seven calendar days of the date of the denial or other adverse action, deliver a written appeal to the Town Manager that states the specific grounds for the appeal. The Town Manager, or designee, shall, within seven calendar days of the date the appeal is received, issue a written decision and notify the applicant of the decision. An applicant who is aggrieved by the Town Manager's decision may seek immediate judicial review of the decision with a court of competent jurisdiction.

(Ord. No. 2024-01, 1-10-2024; Ord. No. 2025-12, 8-13-2025)

A residential facility for elderly persons shall be owned by one of the residents, or by an immediate family member of one of the residents, or be a facility for which the title has been placed in trust for a resident; be consistent with existing zoning of the desired location; and be occupied on a 24-hour per day basis by eight or fewer elderly persons in a family type arrangement under the continuous supervision of a house family member or manager. Further, a residential facility for elderly persons must have exterior design and finishing elements that make it appear to be a residence from the outside.

A.

Permitted use: A residential facility for elderly persons is a permitted use in any area where residential dwellings are allowed. A residential facility for elderly persons is permitted only if it meets the following requirements:

1.

The facility meets all building, safety, zoning and health ordinances applicable to similar dwellings;

2.

Adequate off-street parking space is provided;

3.

The facility is capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character, with the exception of changes necessary to comply with the Americans With Disabilities Act;

4.

No residential facility for elderly persons shall be established within three-fourths mile of another residential facility for elderly persons or residential facility for disabled persons as described in Section 10-22-5 of this chapter; and

5.

No person with addiction caused by current, illegal use of a controlled substance may be placed in the residential facility for elderly persons.

The use granted and permitted by this subsection is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for elderly persons or, if the structure fails to comply with the Town ordinances.

B.

Discrimination: Discrimination against elderly persons and against residential facilities for elderly persons is prohibited. The decision of the Town regarding the application for a permit by a residential facility for elderly persons must be based on legitimate land use criteria, and may not be based on the age of the facility's residents.

A.

Permitted use: A residential facility for persons with a disability is a permitted use in any area where residential dwellings are allowed, provided that it meets the following requirements:

1.

The facility meets all municipal, state or federal building, safety, zoning and health ordinances applicable to similar dwellings, and necessary permits have been obtained;

2.

The facility is occupied on a 24-hour a day basis by eight or fewer disabled persons in a family-type arrangement under the continuous supervision of a house family member or manager;

3.

Adequate off-street parking space is provided;

4.

The facility is capable of use as a residential facility for persons with a disability without structural or landscaping alterations that would change the structure's residential character, with the exception of changes necessary to comply with the Americans With Disabilities Act;

5.

No person with addiction caused by current, illegal use of a controlled substance may be placed in the residential facility for persons with a disability;

6.

The facility shall not be made available to an individual who, in the circumstances and even with reasonable accommodation, poses a serious threat to the health or safety of other individuals;

7.

The facility is licensed either by the Utah Department of Human Services under U.C.A. Title 62A, Chapter 2, or by the Utah Department of Health under U.C.A. Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, and said license is maintained as current and in good standing;

8.

The facility is not located within three-fourths mile of another existing residential facility for persons with a disability, measured in a straight line between the closest property lines of the applicable lots or properties.

The use granted and permitted by this subsection is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for persons with a disability which is not compatible with the zone, or if the structure fails to comply with the Town ordinances.

B.

Discrimination: Discrimination against persons with a disability and against residential facilities for persons with a disability is prohibited. The decision regarding the application for a permit by a residential facility for persons with a disability must be based on legitimate land use criteria, and may not be based on the disabilities of the facility's residents.

A dwelling or accessory building in a residential zone may be used for business or similar purposes only if the owner has a valid home occupation permit that is obtained in accordance with this section. The purpose for this requirement is to enforce compliance with provisions of this title and to protect the character of residential neighborhoods in the Town, while allowing limited conduct of business in the residential districts.

A.

Application: An application for a home occupation permit must contain information sufficient to determine compliance with the provisions of this section and shall include:

1.

A completed home occupation permit application;

2.

The appropriate filing fee as established by resolution of the Town Council.

B.

Procedure: The Director of Community Development may, upon application and properly noticed review, issue a home occupation permit which will state the home occupation permitted, the conditions attached thereto, and any time limitations imposed thereon. The permit may not be issued unless the Director of Community Development finds that the applicant will meet all of the requirements listed below and that the applicant has agreed in writing to comply with all said requirements.

C.

Notice of review: The Town will mail or deliver notice to the owners of properties within 600 feet of a proposed home occupation, as listed on the records of the Washington County Recorder's office. The notice will state the nature and location of the proposed home occupation and advise of the opportunity for review of the home occupation. The notice shall state the public may provide comments to the Town regarding whether or not the proposed home occupation will meet the standards in this section. The public shall have ten days from the date of the notice to provide comments to the Town. Comments from the public shall be advisory and not regulatory.

D.

Investigation and report: Upon receipt and acceptance of a completed application for a home occupation permit, the Director of Community Development will review the application and supporting materials and investigate the proposed use. Applications will be reviewed under the requirements in this section.

E.

Requirements: A home occupation, where permitted by the provisions of this title, must comply with the following requirements:

1.

The home occupation shall be conducted wholly within the primary dwelling on the premises, shall be clearly incidental to the use of the structure as a residence, and shall not exceed 25 percent of the total floor area of said structures.

2.

The home occupation shall in no way alter the residential character of the structure or premises or unreasonably disturb the peace and quiet, including radio and television reception, of the neighborhood by reason of color, design, materials, construction, lighting, signs, sounds, noises or vibrations.

3.

Inventory and supplies for the home occupation shall not occupy more than 50 percent of the permitted area. No outdoor storage of inventory or supplies associated with the home occupation is allowed.

4.

A home occupation shall not employ help other than the members of the resident family and one assisting nonfamilial employee.

5.

No motorized, mechanical or electrical equipment, apparatus or tools shall be permitted except those items which are commonly associated with a residential use or as are customary to home crafts. This provision is not intended to preclude the use of personal computers, copy machines, or similar equipment.

6.

No sign or advertising shall be displayed on the premises except as may be expressly permitted by this title.

7.

The home occupation shall not cause a demand for Town or utility services in excess of those usual and customary to the use of the property for residential purposes.

8.

No smoke, odor, liquid or solid waste may be emitted which is not usual and customary to the use of the property for residential purposes.

9.

There shall be no outdoor display of goods or merchandise on the home occupation property. This restriction does not prohibit the incidental display of goods or merchandise within the approved home occupation area in the primary dwelling.

10.

The home occupation may not solicit or accept visits to the home from members of the general public, except by specific prior appointment.

11.

No more than five customer visits per day are allowed at any home occupation property. A customer visit is defined as a single individual visiting the home a single time. If a group of two or more people visit the property to receive goods or services, each member of the group counts as a customer visit. For example, if a group of three people visit the home, then the home has received three customer visits. If a single individual visits the home multiple times in one day each visit counts as a customer visit.

12.

The home occupation shall not rent, loan, or lease any goods, equipment, material, or any other similar items.

F.

Noncompliance: Any home occupation permit shall be revoked by the Director of Community Development upon violation of any requirements of this section, or upon failure to comply with any of the conditions or limitations of the permit, unless such violation is corrected within three days of receipt of written notice thereof. A permit may be revoked for two or more repeated violations of the requirements of this section, notwithstanding compliance to the violation notice.

G.

Business license required: A home occupation permit is not a business license, and the granting of a home occupation permit does not relieve the permittee of any other license requirement of the Town or of any other public agency.

(Ord. No. 2021-12, 10-13-2021)

An "open air display" is defined as the display of retail merchandise outside of a permanent business structure. An open air display is distinct from and not subject to the provisions governing temporary uses in that the duration is of a more permanent nature. Open air displays must be accessory to the retail display inside a permanent building. The following standards and requirements shall apply to any open air display:

A.

Permit required: Prior to the establishment of an open air display, a permit shall be secured for such use. A single open air display permit shall identify all open air display areas on the property. The permit may include multiple display areas for one or more businesses. After initial approval, the permit may be amended to include additional open air display area upon the request of the property owner or tenant. Applications for an open air display permit must include:

1.

A site plan showing the entire property, all areas proposed to be used for outdoor display, and all existing and proposed structures on the property;

2.

A brief description of the items to be displayed outdoors, with enough detail to demonstrate compliance with the intent and purpose of chapter 16, "Architectural Standards and Design Guidelines" of this title; and

3.

Details on the vehicular and pedestrian circulation into and out of the property to demonstrate that the proposed outdoor display will not cause a traffic hazard or obstruct the free flow of pedestrians on the property or adjacent sidewalks.

B.

General requirements: The following requirements apply to a person's use of an open air display:

1.

The open air display will be conducted wholly on the same lot or parcel as the primary building with which such activities are associated.

2.

The merchandise displayed shall be an extension of and of the same type and nature as either the merchandise of: a) the principal use or b) an accessory use.

3.

Prior to the establishment of an outdoor display area, all existing uses on said lot are in compliance with the provisions of this title.

4.

No display will be located in the public right-of-way, obstruct any exit or entrance, or impede the free flow of pedestrian or vehicular traffic.

5.

The open air display must be set back at least three feet from any public sidewalk or ten feet from the edge of pavement of any street where there is no public sidewalk.

6.

The open air display area must be clearly marked on the property and all display items must be completely contained within the approved and marked display area.

7.

If the open air display contains bicycles or other vehicles, the area must be separated from public sidewalks and other public rights-of-way by a physical barrier such as a low fence, dense landscape hedge, or similar. The barrier must be sufficiently high and robust to prevent bicycles or vehicles from being transported directly from the open air display area into the public right-of-way. The barrier used to meet this requirement must be compatible with the Town's design standards outlined in chapter 16 of this title.

8.

All open air displays shall adhere to the intent and spirit and fulfill the purpose of chapter 16, "Architectural Standards And Design Guidelines", of this title.

9.

No sales may take place at the open air display. All sales must be conducted inside a building.

10.

Open air displays must be unstaffed. Employees may assist customers at the outdoor display at the customer's request and for a short period of time, but employees may not be permanently stationed at the open air display.

11.

Open air displays are limited to 1,000 square feet in area.

12.

Open air displays must meet a standard of aesthetics that clearly distinguish them from signage. For example, if a business sells artwork, actual examples of artwork for sale may be considered for open air display. However, displays that artistically or symbolically represent the goods or services offered for sale in a business will not be allowed (for example, a toothbrush in front of a dentist office).

13.

Open air displays must display merchandise associated with and be operated by the business occupying the interior space on the property. An open air display may not be operated as a standalone business separate from the business operating from within the buildings on the property. A property owner or business operator may not sublease open air display space on a property for a separate business to use.

C.

Review process: Except as provided in Subsection D., staff will review any application for an open air display permit. Staff shall grant the permit if staff determines that the application is complete and that the open air display will conform to the general requirements above.

D.

Planning Commission review: Staff may refer any open air permit application to the Planning Commission for its sole review and approval of the permit. In that event, the Planning Commission shall grant the permit if it determines that the application is complete and that the open air display will conform to the general requirements above.

E.

Permit revocation: The town may revoke, modify, or reconsider an open air display permit, after providing notice to the property owner notice and holding a public hearing at the Planning Commission (if requested by the property owner after receiving notice), for any of the following reasons:

1.

Failure to comply with the requirements of this Code,

2.

Failure to renew or maintain a current business license,

3.

Failure to comply with the conditions of the permit,

4.

The operation of the open air display causes traffic or pedestrian congestion on a public right-of-way, or

5.

The permit was obtained by misrepresentation or fraud.

(Ord. No. 2021-13, 10-13-2021; Ord. No. 2023-10, 10-11-2023)

The following regulations govern farmers' markets. Farmers' markets must be sponsored by a formal committee or organization and may accommodate any number of individual vendors.

A.

Regulations: The property owner and any organizer must comply with the following regulations:

1.

A farmers' market is allowed only in the CC, VC, AG, and PU zones.

2.

A farmers' market is allowed only with the property owner's written permission and consent.

3.

The commodities to be sold at a farmers' market are limited to:

a.

Farm and garden produce and agricultural products such as fruits and vegetables, plants, flowers, nuts and seeds, meat, poultry, fish, dairy products, and honey;

b.

Baked goods, processed food items (such as jams, jellies, salsas, and sauces), and hot or cold beverages; and

c.

Nonagricultural arts and crafts products that are handcrafted by the seller.

4.

A food item that is prepared or assembled on site may be sold at a farmers' market only if:

a.

The prepared or assembled food item is compatible with and complementary to the other products sold at the farmers' market, and

b.

Vendors preparing or assembling food on site obtain the necessary Health Department permits.

5.

The sponsor of a farmers' market must provide to the Town proof of liability insurance with at least $1,000,000 in coverage for the sponsor/organizer, the owner of land where a market is located, and market participants. The Town must be an "additional insured" under the policy.

6.

Sufficient parking must be provided such that the farmers' market does not create parking or traffic congestion on or around the property where the market is located. Written permission must be obtained from the owner of any private parking areas used to serve the farmers' market.

7.

No part of any farmers' market may impede or impair emergency service ingress and egress to any fire hydrant or building. No farmers' market vendor or any vehicle associated with the farmers' market may be located within 15 feet of any fire hydrant.

8.

The person sponsoring the farmers' market must supervise and ensure that sales tax on farmers' market sales is provided to the State Tax Commission.

9.

All tents, booths, tables, and other temporary structures used in the operation of the farmers' market must be removed from the farmers' market site at the conclusion of each day the market is in operation except on consecutive days with the permission of the property owner.

10.

All trash, fruit or produce remnants, debris, and general litter must be removed from the farmers' market site at the conclusion of each day the market is in operation. The sponsoring committee or organization shall provide for the general cleanup of the farmers' market area at the conclusion of each day of operation.

B.

Health Department supervision: Each vendor selling processed foods, baked goods, meats, eggs, dairy products, or other goods that may be a health concern must have the approval of the applicable State and County Health and Agriculture Departments and shall operate according to the rules and regulations of such departments.

C.

Months of operation and days open: Farmers' markets may operate year round. However, no farmers' market may operate for more than three days in any seven-day period.

D.

Signage: Farmers' markets are allowed one on-site temporary sign and two off-site temporary banners, provided:

1.

The on-site sign is limited to 20 square feet in area and the off-site banners are each limited to ten square feet in area;

2.

The off-site banners meet the color requirements established in chapter 17 of this title;

3.

The owner of the property where the off-site banners are placed has given written permission to hang the banners;

4.

The on-site sign and off-site banners are not illuminated;

5.

The on-site sign is displayed only on days and during times the farmers' market is actually in operation;

6.

The off-site banners may be displayed a maximum of 24 hours prior to the operation of the farmers' market and must be removed at the conclusion of each market day;

7.

A farmers' market held on property without frontage on SR-9 will be allowed one additional ten square foot off site banner provided such banner is placed along the road or street on which the property fronts and not along SR-9; and

8.

All signage and banners must be set back three feet from all public rights-of-way.

E.

Application and permit: An application for a farmers' market permit must be filed with the Director of Community Development, who will review the application and issue a farmers' market permit if the proposed market complies with all the regulations of this chapter and all other applicable sections of this title. The application must be on a form available at the Town Office and must contain the following required information:

1.

The name, mailing address and telephone number of the person or organization in charge;

2.

A current copy of the sponsoring committee's or organization's bylaws or rules of operation;

3.

Letter of authorization from the owner of the property on which the farmers' market is proposed to be located;

4.

Existing zoning of site and contiguous properties;

5.

Site plan, drawn to scale, showing proposed locations of all market uses as well as existing permanent structures and parking areas;

a.

Applicant must submit a detailed schematic/map that includes fencing/barrier (if applicable), signage, equipment/furniture (tents, tables, bars, stage, etc.), location of booths, description of the services planned (selling food, etc.) location of trash and recycling equipment;

6.

Parking plan, drawn to scale, showing permanent structures, and parking areas designated to the farmers' market;

7.

Written letter of authorization from the owner of any private parking areas used to serve the farmers' market;

8.

The proposed dates and times the market will be in operation;

9.

Proof of liability insurance sufficient to cover the applicant/organizer, owner of land where the market is located, and market participants; and

10.

Color rendering of temporary signage associated with the market and letters of authorization from property owners where the signage will be hung.

F.

Suspension of permit: The Chief of Police and the Director of Community Development may inspect a farmers' market to ensure compliance with the regulations of this section. A farmers' market permit shall be suspended and the market immediately ceased if the chief of police or the Director of Community Development finds the market violates any of the provisions of this section or the conditions set forth in the farmers' market permit. The farmers' market sponsor shall cease operation of the farmers' market if directed to do so in accordance with this section. The permit may be reinstated at such time as the violation is corrected.

G.

Business license required: A farmers' market permit is not a business license and the granting of said permit shall not relieve the permittee of any other license requirement of the Town or any other public agency.

H.

Fees: In order to offset a portion of the costs incurred by the Town in the processing of a farmers' market permit, a fee shall be charged as established by resolution of the Town Council.

(Ord. No. 2025-12, 8-13-2025)

A.

Accessory dwelling units defined: An accessory dwelling unit (ADU) is a second dwelling unit on an owner-occupied single-family property that is clearly incidental and accessory to the primary structure on the property.

B.

Classes of ADUs: ADUs can be either internal or external.

1.

An internal ADU is a separate dwelling unit located entirely within the footprint of a single-family dwelling on a residentially zoned property. Internal ADUs must meet the standards in U.C.A. § 10-9a-530. To be considered an internal ADU, the dwelling unit must have a kitchen, bathroom, and sleeping area situated together in a logical configuration that is separated from the rest of the primary dwelling in such a manner that is clearly intended for the possible use as a separate dwelling unit. The mere presence of a wet bar or entertainment kitchen in a primary dwelling does not, in and of itself, create an internal ADU.

2.

An external ADU is a dwelling in a separate structure on the same residentially zoned property as a single-family dwelling, and which is detached from the single-family dwelling. To be considered an external ADU, the dwelling unit must have a kitchen, bathroom, and sleeping area in the separate structure configured in such a manner that is clearly intended for the possible use as a separate dwelling unit. The mere presence of a wet bar or entertainment kitchen in an accessory structure does not, in and of itself, create an external ADU.

C.

Allowed zones:

1.

Internal ADUs are allowed in all residential zones.

2.

External ADUs are only allowed in the VR zone and VR subzones.

D.

General standards: All ADUs must conform to the following standards:

1.

The ADU must contain complete cooking and bathroom facilities that are separate from the facilities located in the main residence.

a.

The cooking facility in the ADU must contain:

(1)

A sink and water faucet,

(2)

Capacity for food refrigeration, and

(3)

A permanent, built-in stove top, range, or other similar device for cooking food.

b.

The bathroom facility in the ADU must contain:

(1)

A sink and water faucet,

(2)

A toilet, and

(3)

A shower or bathtub.

2.

ADUs must meet all applicable Fire and Building Codes.

3.

It must be visually apparent that the lot where the ADU is located is developed as a single-family residence with an accessory dwelling and the ADU must maintain the single-family appearance and character of the neighborhood. ADUs should be compatible in design and appearance with the main residence on the property.

4.

Only one ADU per property is permitted.

5.

ADUs shall not be used for transient lodging.

6.

The total number of residents that reside in accessory dwelling unit may not exceed the number allowed for "family," as defined in section 10-2-2.

7.

If a garage or carport is converted to an ADU, the property owner must replace any parking spaces contained in the garage or carport which are required by code with an equal number of parking spaces elsewhere on the property in a manner that complies with all land use standards.

8.

An ADU shall not be permitted within a mobile home.

9.

A property owner may not install power or culinary water utility meters that serve only the ADU. The ADU must be served by the same power and culinary water utility meters as the primary dwelling on the property.

10.

An ADU is not allowed to be sold separately or subdivided from the primary dwelling on the property.

E.

Specific standards:

1.

Internal ADUs: The following standards apply to internal ADUs only:

a.

The ADU must be rented for periods of 30 consecutive days or more. The owner of an internal ADU may not enter into a new lease or rental agreement for the ADU until at least 30 days have passed since the date the ADU was first occupied under the previous lease or rental agreement.

b.

One off-street parking space must be provided for the ADU, In addition to parking required for the primary dwelling on the property.

c.

The lot where the ADU is located must be at least 6,000 square feet in size.

2.

External ADUs: The following standards apply to external ADUs only:

a.

The ADU must be rented for periods of 90 consecutive days or more.

(1)

The owner of an external ADU may not enter into a new lease or rental agreement for the ADU until at least 90 days have passed since the date the ADU was first occupied under the previous lease or rental agreement, except as allowed by section 10-22-9(E)(2)(a)(2).

(2)

The owner of an external ADU may enter into a new lease or rental agreement for the ADU when the current tenant breaks the lease, as long as at least 30 days have passed since the date the ADU was first occupied under the previous lease or rental agreement.

b.

The structure containing the ADU shall be limited in area to the greater of 1) 50% of the building area of the primary dwelling on the property up to a maximum of 1,500 square feet, or 2) 1,000 square feet.

(1)

For the purpose of compliance with this standard the area of the structure containing the ADU shall be measured in the same manner as any other structure in the residential zones, except that the area of a basement in an external ADU structure shall be included in the area of the ADU.

(2)

The residential size bonus allowed by Chapter 10-15H does not apply to structures containing an external ADU.

c.

The property containing the ADU must be at least 0.5 acres in area.

d.

The property where the ADU is located must contain enough parking spaces to store all vehicles associated with both the primary dwelling and the ADU on site, while also meeting all land use standards (setbacks, landscape, etc.).

F.

Permit required: Prior to renting or offering to rent an ADU, a property owner must obtain an accessory dwelling unit permit from the Town.

1.

The ADU permit is reviewed and approved by the DCD.

2.

The DCD shall issue the ADU permit, only after finding all of the standards in this section and all other applicable land use standards have been met.

3.

The Town shall record a notice of the permit with the Washington County Recorder, as detailed in U.C.A. § 10-9a-530(6).

G.

Failure to comply with any regulation in this section 10-22-9 may result in enforcement actions taken against the property owner, potentially including civil fines and penalties. In addition to other remedies available to the Town, the Town may hold a lien against a property that contains an ADU if the property owner violates any standards for operation of an ADU. The amount, notice, and procedure for the lien shall be in accordance with state law.

(Ord. No. 2021-11, 9-8-2021; Ord. No. 2025-09, § 3, 8-13-2025)

A storage container may not be placed on any property in the Town, except as allowed as a temporary use during the construction of a structure on a property as regulated by subsection 10-22-3.C. of this chapter.

The operator of a food truck operator or an enclosed mobile business may not conduct business in the FR or VR zones. The operator of an enclosed mobile business may not conduct business in the PU zones. The operator of a food truck may use a food truck to conduct business in the PU zone only as part of an organized event that is sanctioned by an event permit, pursuant to section 10-22-3. A mobile business operator may use a mobile business to conduct business in the CC, VC, or AG zones, but only in conformance with the requirements below:

A.

The operator of a food truck or an enclosed mobile business may not conduct business in the public right-of-way or on a private street. A mobile business operator may not use a mobile business to conduct business on private property unless the mobile business operator has the express authorization from the property owner(s) of the location where the mobile business operator intends to conduct business.

B.

A mobile business operator may not allow a mobile business to occupy or block access to any parking spaces required under section 10-23-4 of this title.

C.

A mobile business operator must provide two on-site parking spaces for customers of the mobile business. These two parking spaces must be in addition to any other on-site parking required under section 10-23-4 of this title.

D.

A mobile business may not block or impede access to public or private streets, driveways, fire access lanes, parking access lanes, pedestrian pathways and sidewalks, or any other similar transportation infrastructure.

E.

A mobile business may not be parked or conduct business within any required setback for the property on which it is located.

F.

If an operator uses a mobile business to conduct business in the same location for more than ten hours per week, the mobile business operator shall, before conducting business for more than ten hours per week, submit a site plan to the Director of Community Development demonstrating compliance with all of the standards of subsections C. through F. of this section.

G.

The operator of a food truck or food cart must provide and maintain trash and recycling receptacles located within 30 feet of the food truck or food cart, and the operator must properly dispose of all trash and recycling deposited therein. The operator of an enclosed mobile business may not leave behind any waste products in the area the business has been operating.

H.

If the operator of a food truck, food cart, or ice cream truck provides temporary seating, all tables, chairs, awnings, and other personal property of the food truck, food cart, or ice cream truck operator must meet the same standards in this section that regulate the food truck, food cart, or ice cream truck itself. An enclosed mobile business must conduct all business within the enclosed mobile business structure and may not use temporary seating, tables, chairs, awnings, displays, or other personal property outside of the enclosed mobile business structure.

I.

No more than one mobile business may be parked or conduct business on the same property at the same time, unless the owner of the property has an event permit, pursuant to section 10-22-4, in conjunction with an organized outdoor event on the property.

J.

No mobile business may remain in a fixed location for more than three consecutive hours during any 24-hour period, it being required that each mobile business shall move a distance of at least 300 feet from its prior location every three hours.

K.

All signage associated with the mobile business must be affixed to or located within the mobile business itself. No portable or temporary signs are allowed.

L.

Music and other noise from the mobile business is regulated by title 4, chapter 3B of this Code.

(Ord. No. 2024-05, § 2, 3-13-24)