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Wasatch County Unincorporated
City Zoning Code

CHAPTER 16

24: TEMPORARY USES

16.24.01: PURPOSE

The purpose of this chapter is to establish methods whereby the county is able to permit temporary uses that, with appropriate conditions, are compatible to the zone, that would be beneficial to the residents of the county, and to avoid conflict between the use of land for permanent uses and the use of land for activities performed in connection with the temporary use. This chapter is to set forth regulations, which govern the operation of certain transitory or seasonal uses in a manner, which would be compatible with the general plan policies of the county. 

HISTORY
Adopted by Ord. 2002 Code § 16.24.01 on 1/1/2002

16.24.02: JURISDICTION

Application for a temporary use permit shall be made to the planning department, and shall be approved by the planning staff for any use specifically listed herein, after review by the development review committee. Any comments noted by the development review committee review shall become a condition of the approval for a temporary use permit. Appeals of planning staff decisions shall be to the Appeals Hearing Officer. 

HISTORY
Adopted by Ord. 2002 Code § 16.24.02 on 1/1/2002
Amended by Ord. 10-14 on 1/7/2011
Amended by Ord. 19-02 on 3/20/2019
Amended by Ord. 23-20 on 12/20/2023

16.24.03: APPLICATION

Applications shall be submitted to the planning department for processing. Each application shall contain the following information:
  1. A description of the property to be used, rented or leased for the temporary use, including all information necessary to accurately portray the property.
  2. A description of the proposed use.
  3. Sufficient information to determine the setback requirements, sanitary facilities and availability of parking space to service the proposed use.
  4. The name, address and phone number of the applicant, along with the name of the person who is responsible to work with the county for compliance.
  5. A map showing boundaries of the proposed site and the surrounding property within five hundred feet (500'), with the names and addresses of all property owners abutting the property where the "temporary use" or "structure" is to be located, unless deemed not applicable.
  6. A statement of the proposed time period and hours of operation of such use.
  7. A copy of any liability insurance policy, which may be required to be amended to include protection for Wasatch County, if deemed necessary. In the case of road races that are using public rights of way, liability insurance shall be provided in the amount of two million dollars ($2,000,000.00) aggregate and one million dollars ($1,000,000.00) per occurrence.
  8. A proposal to address public safety issues.
  9. At a minimum, the proposal shall include a list of roadways being used, signage being used, and facilities being used along any roadways.
  10. A copy of the written agreement required in subsection 16.24.06K of this chapter, as amended.

HISTORY
Adopted by Ord. 2002 Code § 16.24.03 on 1/1/2002
Amended by Ord. 09-16 on 2/25/2010
Amended by Ord. 10-14 on 1/7/2011

16.24.04: USES; GENERAL LISTING

The following are some of the temporary uses that may be considered and approved or denied by the Land Use Authority. Temporary uses are subject to the following specific regulations and time limits, in addition to the regulations of any zone in which the use is located:

  1. Large gatherings. Land uses which are subject to the county large public assembly regulations as well as certain city, county or state health department mass gathering ordinance regulations.
  2. Carnival or circus.
  3. Development sales office.
  4. Filming locations for movies or television.
  5. Community entertainment events or other temporary gatherings not constituting a large public gathering, but requiring a permit.
  6. Other short term uses that are similar and fit within any of the above categories and are determined to be beneficial to residents of the county may be processed through the planning staff:
    1. Fireworks stands;
    2. Christmas tree lots;
    3. Agricultural sales;
    4. Seasonal nurseries; and
    5. Bike races, triathlons, marathons, sporting events, etc.
  7. Special events. The following definition shall take precedence over any other type of temporary use listed in this chapter: Any event, public or private, with either public or private venues, that creates public impacts through any of the following:
    1. The use of county personnel;
    2. Disturbance to adjacent residents;
    3. Traffic/parking;
    4. Disruption of the normal routine of the community or affected neighborhood;
    5. Necessitates special event temporary beer or liquor licensing in conjunction with the public impacts; or
    6. Parties or other events requiring street closure of any residential street.
  8. Uses which do not fit appropriately into any of the above categories are not permitted.
HISTORY
Adopted by Ord. 2002 Code § 16.24.04 on 1/1/2002
Amended by Ord. 06-15 on 6/30/2008
Amended by Ord. 09-16 on 2/25/2010
Amended by Ord. 10-14 on 1/7/2011
Amended by Ord. 19-02 on 3/20/2019

16.24.05: NO CONTINUING RIGHTS

Approvals in any year for any period of time do not create any right to approval of the same or similar use for the same or similar period of time in any subsequent years. Reasonable conditions or a requirement for a bond to assure timely and proper removal of the temporary use may be attached to any approval, and conditions may be changed in subsequent approvals to address any concerns that may have arisen in the past.

HISTORY
Adopted by Ord. 2002 Code § 16.24.05 on 1/1/2002
Amended by Ord. 10-14 on 1/7/2011

16.24.06: GENERAL REGULATIONS PERTAINING TO TEMPORARY USES

The following standards and requirements must be met before a temporary use permit may be issued:
  1. A temporary use must be a compatible use in the zone and be conducted without unreasonable interference with the permanent uses of neighboring property.
  2. The applicant for a temporary use shall apply for a temporary use permit and pay a fee as provided in the general fee ordinance. The applicant must also obtain a business license and any other license or permit required by the county or health department.
  3. Flammable or hazardous materials may not be stored and no annoying or hazardous activity which could result in any danger or annoyance to surrounding properties, including fire, noise or heavy traffic for the neighborhood when compared to existing permanent uses in the neighborhood may be carried on. (Exception may be made for fireworks stands if granted only in a commercial or industrial zone and approved in writing by the fire marshal.)
  4. The physical appearance, traffic and other activities in connection with the temporary use may not unreasonably depreciate surrounding property values as determined by the planning department.
  5. Adequate off street parking and a safe entrance to such parking with adequate sight distance and access to and from such parking only through forward motion must be provided. Vehicles cannot back onto street.
  6. All signs must meet the requirements of the sign regulations.
  7. The applicant shall have sufficient liability insurance for the requested use or event.
  8. A cash bond must be provided in an amount to be determined by the county to ensure restoration of the site (and any off site areas impacted) of said use to its original condition, including cleanup, replacement of facilities, and removal of any structures.
  9. 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:
    1. No indoor seating of patrons;
    2. Written evidence that a host structure will provide permanent sanitary facilities for any employees and/or customers and that such facilities are conveniently located not more than three hundred feet (300') from the structure and will be accessible during all periods of operation of the use; and
    3. Written evidence from the city-county health department that all food will be prepared and delivered from an approved commissary, that all waste resulting from operation of the use will be properly disposed, and that food prepared on the premises will meet all health code requirements.
  10. All structures shall be securely anchored to the ground at not less than four (4) points as directed by the building official.
  11. 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.
  12. Approval for each temporary structures shall be removed within five (5) business days of the temporary use being closed or the permit expiring, whichever occurs first. 

HISTORY
Adopted by Ord. 2002 Code § 16.24.06 on 1/1/2002
Amended by Ord. 10-14 on 1/7/2011

16.24.07: REGULATIONS RELATING TO SPECIFIC TEMPORARY USES

  1. Large public gatherings. Are subject to the requirements of the provisions of the large public assembly regulations, as well as any regulations set forth by the Wasatch County health department relating to mass gatherings.
  2. Carnival or circus. When authorized by the planning department, a temporary use permit for a carnival or circus may be issued in any zone for a period not longer than fifteen (15) days. Reasonable conditions may be attached to any approval.
  3.  Christmas tree sales. A temporary use permit may be issued by the planning department for the display and open lot sales of Christmas trees for a period not longer than forty five (45) days. Reasonable conditions may be attached to any approval.
  4. Firewood sales. A temporary use permit may be issued for the sale of firewood cut by the seller, for a period not to exceed one hundred eighty (180) days at a site, which does not use public property. Reasonable conditions may be attached to any approval.
  5. Filming. A temporary use permit may be issued for the filming for television or movies, for a period of time not to exceed ninety (90) days, but may be renewed for an additional ninety (90) days if approved. If any site is to use public property, special arrangements must be made for such use with the county. Reasonable conditions may be attached to any approval.
  6. Community entertainment events. Other temporary gatherings not constituting a large public assembly may be granted for a period of time not to exceed thirty (30) days.
  7. Development sales office. Development sales offices as listed in this section shall be processed as a conditional use. A development sales office permit may be granted by the planning staff. Approval can be for either a temporary building to be used as a sales office, or the use of a model to be used as a sales office. Such uses may be permitted in any zone with a specified period of time listed as one of the conditions. Bonding for removal of the temporary building or restoration of any garage conversions may be required as part of the approval. Any other reasonable conditions may be imposed by the planning staff to mitigate any adverse impacts to the neighborhood.
  8. Fireworks stands. Permits for fireworks stands or fireworks displays shall be administered by the fire marshal, but a temporary use permit must be obtained from the planning department. Any application for such permit shall meet the requirements of section 16.24.06 of this chapter and shall be made by the property owner or his authorized agent.
  9. Seasonal nurseries.
  10. Special events:
    1. A special event permit shall be obtained for each location and each event.
    2. Liability insurance in the amount of one million dollars ($1,000,000.00) for personal injury, three million dollars ($3,000,000.00) per event, showing Wasatch County as an additional insured, shall be required.
    3. A hold harmless and indemnity agreement shall be signed by the permit holder.
    4. Special events may be held in an agricultural zone, subject to specific site approval.
    5. 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. 
HISTORY
Adopted by Ord. 2002 Code § 16.24.07 on 1/1/2002
Amended by Ord. 10-14 on 1/7/2011
Amended by Ord. 22-18 on 8/17/2022

19-02

23-20

22-18