19.05.10 Temporary Uses

1. Purpose and Intent. The purpose and intent of the Temporary Use section is to allow certain uses within the City of Saratoga Springs which are temporary, or seasonal in nature, in a manner that such uses will be compatible with the land use zone and adjacent properties. A Temporary Use, which is subject to the provisions in this Section, is a commercial business venture for which a business license is required. 2. Uses: the following are acceptable Temporary Uses, as defined in Section 19.02.02: a. Produce Stand or Farmers Market b. Fireworks Stand* c. Christmas Tree Lot d. Ice Cream Vendor or Snow Shack* e. Pumpkin Patch f. Festivals including Bazaars or Fairs* g. Temporary Retail (tent or sidewalk sale)* h. Food Trucks** i. Drive-Thru Health or Vaccination Clinic j. Governmental Entity*** * These uses are limited to non-residential and agricultural zones, unless occurring as part of a City sponsored special event, City approved special event, or wholly within the property boundaries of an institutional use. ** Food Trucks require a temporary use permit and are subject to the standards listed in 19.05.10.4 below. *** Governmental Entity uses shall be permitted in the Institutional/Civic zone. Uses shall be exempt from the requirements of Section 19.05.10. Governmental Entities uses may be allowed for longer than six months with approval of the Chief Building Official and Fire Marshal. 3. Standards for Temporary Uses. A Temporary Use shall comply with the general standards as provided within this section: a. All Temporary uses except for roadside stands require a paved surface on site. Temporary road base installed in compliance with the City Standard Technical Specifications and Drawings shall qualify as a paved surface, shall be capable of supporting a minimum of 75,000 pounds on all driving and parking surfaces, and shall be removed immediately upon completion of the Temporary use unless occurring as part of a separate development permit. b. All Temporary uses except roadside stands are required to provide sanitary facilities for waste disposal for protection of community health and safety. This may be met through agreement with a host business or through temporary restroom facilities. c. All temporary uses shall provide a receptacle for garbage, and shall be responsible for garbage removal. d. Night lighting shall be compatible with adjacent uses. This requires all lighting to be shielded and directed downward to avoid light spill onto adjacent properties. e. All signs must comply with City adopted sign regulations. f. A use and/or display may not be placed within the right-of-way or on any landscaped area. g. No temporary use may occur within the clear view triangle of any intersection. h. No more than one temporary use is allowed per lot or parcel at any one time, including those approved by the Land Use Authority. i. When electricity will be utilized, an electrical permit must be obtained from the Building Department prior to any sales occurring or prior to persons occupying the structure, whichever occurs earliest. j. Accessibility requirements must be addressed with the Building Department prior to any sales occurring. k. Where required, Health Department approval shall be provided prior to operation. l. Where temporary structures are proposed, an inspection with the Fire Department is required prior to any sales occurring or prior to persons occupying the structure, whichever occurs earliest. m. Hours of operation shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. n. All temporary uses requesting temporary access from a public road shall obtain written permission from UDOT for state roads, and from the City Engineer for all other public roads. i. A traffic study and safety mitigation may be required, including appropriate acceleration and deceleration areas. ii. No curb or park strip shall be driven over unless temporary bridging is provided and approved by the City Engineer to prevent damage to the curb or park strip. 4. Standards for Food Trucks: a. General Standards for Food Trucks i. Parking Limitations 1. Food Trucks shall park on a hard surface and not on any landscaped area. 2. Except as otherwise allowed in this section, Food Trucks shall not be parked on a public street, sidewalk, right-of-way, park strip, or City-owned property. 3. Food Trucks shall not be parked in any manner that impedes vehicular and pedestrian traffic flow. 4. A minimum clearance of 15 feet must be kept between a parked Food Truck and any fire hydrants, utility boxes, ADA ramps, and building entrances. ii. All access to a Food Truck shall be by pedestrians only. At no time may the Food Truck serve food to vehicles in a drive-thru manner or while the vehicle is in motion. iii. The area utilized by a Food Truck shall be maintained in a clean and orderly condition. Trash containers shall be provided for use by patrons. iv. When operating in a private or public street, the vending window shall face the sidewalk or private property unless the street has been closed to vehicular traffic for a Special Event the food truck is participating in. v. Canopy extensions shall be a minimum of seven feet in height, measured from the lowest portion of the canopy to the sidewalk. 1. Canopy extensions shall not project onto or over a sidewalk or any part of the right of way or street in a way that impedes vehicular or pedestrian passage. vi. Walled enclosures are not permitted. Chairs and tables are not permitted on 1) a private or public street, sidewalk right of way, or ADA ramp, or 2) on public property. vii. Auxiliary power required for the operation of the food truck shall be selfcontained. No use of power or water located on private property shall be allowed without consent from the owner of the Owner’s authorized designee. b. Food Trucks are permitted in all zones where food establishments of any type are allowed. i. A Food Truck is not required to obtain a permit to operate at a food truck event that takes place on private property within the City, regardless of whether the event is open or closed to the public. c. Food Trucks are a permitted use in residential zones subject to the following conditions: i. Food Trucks shall be located entirely within private property and shall not be located on a public street, sidewalk, right-of-way, park strip, or Cityowned property. 1. Exception: An ice cream truck may operate within the public rightof-way, but shall not be parked in a single location for longer than twenty (20) minutes. d. Event Permits are required for Food Trucks to operate at: i. City-sponsored special events; or ii. Third-party events that occur on a public street, sidewalk, right-of-way, park strip, or City-owned property. e. The following items shall be required before a Food Truck may operate within the City: i. A current business license from a Utah political subdivision; and ii. A current approval from a Utah political subdivision that shows the Food Truck has passed a fire safety inspection conducted by that political subdivision; and iii. A valid Utah health department permit. f. Required Site Plan; i. A site plan shall be required for any food truck that is operating in the same location for more than 10 hours per week. g. Compliance. i. If a Food Truck is operating without the items outlined in section e, the Food Truck shall cease operations within the City until evidence of compliance is provided to the City. 5. Planning Commission Review. When considered appropriate by the Planning Director, a Temporary Use may be referred to the Planning Commission for review. 6. Permit Required. A Temporary Use Permit and Business License shall be required for all Temporary Uses. 7. Application for a Temporary Use Permit. An application for a Temporary Use Permit shall be made to the Planning Department, in conjunction with a business license, at least 14 days prior to the date of requested use. No Temporary Use Permit shall be issued more than 90 days prior to the start of the Temporary Use period. The Planning Department may issue or deny the application for a Temporary Use Permit based on the criteria herein. 8. Information Required for Application. An application for a Temporary Use Permit shall be accompanied by the following: a. Description. A written description of the proposed use including requested length of permit, location(s), structure or vehicle type, date(s) and hour(s) of operation, and any other information verifying compliance with the standards of this Code. b. Authorization for Use. If the applicant is not the owner of the property, the ownership shall be identified along with written evidence of permission of the owner for such use to take place, dated no more than three months prior to the application. c. If applicable, written approval from required brick-and-mortar businesses. d. Site Review. A vicinity map and site plan with sufficient information to determine the primary use of the property and the required site requirements, sanitary facilities, and availability of parking to serve the uses. e. Applicable fees. 9. Duration of Temporary Use Permit. a. Produce stand, farmers market, snow shack, or ice cream vendor is allowed for a period not to exceed five months in a calendar year. b. A Christmas tree lot is allowed for a period not to exceed forty-five days each calendar year. c. A Fireworks stand, pumpkin patch, festivals including bazaars or fairs, and temporary retail are allowed for forty-five days. d. A temporary use permit issued for a Food Truck is valid for a period of time not exceeding twelve months in a single permit. e. A Drive-Thru Health or Vaccination Clinic to operate at single location for a time period of up to six months, or longer with an extension approved by the Chief Building Official in accordance with the International Building Code and shall: i. Provide and adhere to a signage plan; and ii. Provide and adhere to a traffic circulations plan. 10. Renewal of Temporary Use Permit. The application fee shall be reduced by 50 percent for all previously approved Temporary Use Permits requesting renewal that have not altered their proposal in terms of scope, layout, intensity, duration, or location(s) from the previously approved permit. 11. Bond Required. All temporary uses shall post a $500 cash bond to ensure the clean-up of the property after the use is removed. a. After the temporary use commences, the applicant may request an inspection by the City. Following this inspection, the bond shall be reduced by up to 50 percent upon finding that the use is in general compliance with the standards of this Code. 12. Revocation of Temporary Use Permit. A Temporary Use Permit may be revoked by the Planning Director in accordance with the provisions of this section if the recipient of the permit fails to develop or maintain the property in accordance with the plans submitted, the requirements of this section, or any additional requirements lawfully imposed in connection with the issuance of the Temporary Use permit.