2-2-160 Temporary Use Permit

A. Purpose. This section sets forth procedures for considering and approving a temporary use permit. B. Authority. The Planning Commission is authorized to approve temporary use permits as provided in this section. C. Initiation. A property owner may apply for a temporary use permit as provided in this section. An agent of a property owner shall provide a notarized authorization. D. Procedure. An application for a temporary use permit shall be considered and processed as provided in this subsection. 1. A complete application shall be submitted to the Zoning Administrator in a form established by the Administrator along with any fee established by the County’s schedule of fees. The application shall include at least the following information: a. The name, address and telephone number of the applicant and the applicant’s agent, if any; b. The name and address of the applicant and the name and address of every person or company the applicant represents; c. The person chiefly responsible for the event or use and/or the sponsoring organization and its chief officer; d. The requested temporary use; e. The hours of operation of the proposed use; f. A statement of the approximate number of persons, animals, and/or vehicles that will be generated by the temporary use, and an explanation of how such number was derived, (e.g., number of pre-sold tickets, available seating and/or parking, and past experience with similar activities); g. The following maps, plans, routes, and documents evidencing sufficient measures to be taken to reasonably protect the health, safety, and welfare of patrons and the public in general; and a scale drawing of the area in which the temporary use will be conducted, showing the location of any existing non-complying structures and improvements on the site of the proposed temporary use, including, but not limited to, parking areas, utilities, curbs, gutter, sidewalks, and outside storage area. 2. After the application is determined to be complete, the Zoning Administrator shall solicit recommendations from the County Fire Marshal, Sheriff, Health Department, Roads Department and/or County Engineer, as needed. Thereafter the Zoning Administrator shall schedule a public meeting before the Planning Commission as provided in Section 2-2-050 of this Chapter. 3. A staff report evaluating the application shall be prepared by the Zoning Administrator. 4. The Planning Commission shall give a Class A notice of a public meeting regarding the application pursuant to Section 2-2-050 of this Code. After due consideration the Planning Commission shall approve, approve with conditions, or deny the application pursuant to the standards set forth in Section 2-2-160(E) of this section. 5. After the Planning Commission has made a decision, the Zoning Administrator shall give the applicant written notice of the decision. 6. A record of all temporary use permits shall be maintained in the office of the Zoning Administrator. E. Approval Standards. The following standards shall apply to the issuance of a temporary use permit. 1. A temporary use shall conform any recommendations received from the County Fire Marshal, Sheriff, Health Department, Roads Department, and County Engineer must tie to the standards under (E)(2) below. 2. No temporary use permit shall be issued unless the Planning Commission finds the proposed temporary use: a. Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working within the vicinity, or injurious to property, improvements or the public in general; b. Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area, nor block traffic lanes or hinder traffic during peak commuter hours on weekdays on any primary arterial street or principal commuter route designated by the County; c. Will not conflict with construction or development in the public right-of-way or at public facilities; d. Will not unduly interfere with the movement of police, fire, ambulance, or other emergency vehicles on the streets, nor require the diversion of so great a number of police, fire, or other essential public employees from their normal duties as to prevent reasonable police, fire, or other public services protection to the remainder of the County; e. Will not conflict with nor be incompatible with the permitted uses and regulations of the zone within which the temporary use is located; and f. Is in compliance with regulations, conditions and licensing requirements of applicable provisions of the Box Elder County ordinances. g. The time for an approved Temporary Use Permit shall only be given for up to 1 year. h. A determination as to whether or not a land use is temporary shall be based solely upon facts submitted to the Planning Commission at the time of application. F. Appeal. Any person adversely affected by a final decision of the Planning Commission regarding a temporary use permit may appeal that decision to the Hearing Officer as provided in Section 2-2-190 of this Code. G. Effect of Approval. Approval of a temporary use permit shall authorize an applicant to engage in the temporary use subject to conditions of approval as may be imposed by the Planning Commission. H. Amendment. The procedure for amending a temporary use permit shall be the same as the original procedure set forth in this Section. I. Revocation. A temporary use permit may be revoked as provided in Section 2-4-070(B) of this Code. 1. In addition to the grounds set forth in Section 2-4-070 B of this Code, any of the following shall be grounds for revocation: a) The holder or user of a permit has failed to comply with the conditions of approval or any County, State, or Federal law governing the conduct of the use; b) The holder or user of the permit has failed to construct or maintain the site as approved by the Planning Commission; or c) The operation of the use has been found to be a nuisance or a public nuisance by a Court of competent jurisdiction in any civil or criminal proceeding.