004 of 2018 - An Ordinance Amending Chapter 21A.42 of Salt Lake City Code pertaining to regulations governing temp 0 18-1
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SALT LAKE CITY ORDINANCE
No. 4 of 2018
(An ordinance amending Chapter 21A.42 of the Salt Lake City Code pertaining to
regulations governing temporary uses)
An ordinance amending Chapter 21A.42 of the Salt Lake City Code pertaining to regulations
governing temporary uses pursuant to Petition No.PLNPCM2017-00272.
WHEREAS,as part on an ongoing effort to simplify and streamline the planning
processes and regulations,on April 10,2017,Salt Lake City Mayor Jacqueline Biskupski signed
a petition(Petition No.PLNPCM2017-00272)to modify Chapter 21A.42,the temporary uses
section of the Salt Lake City Zoning ordinance;and
WHEREAS,the Salt lake City Planning Commission held a public hearing on August 9,
2017,to consider said petition and voted in favor of transmitting a positive recommendation to
the Salt Lake City Council;and
WHEREAS,the Salt lake City Council finds after holding a public hearing on this
matter,that adopting this ordinance is in the city's best interests.
NOW,THEREFORE,be it ordained by the City Council of Salt lake City,Utah:
SECTION 1.Amendi(g the Text of Sad Lake City Code Section 21A.42. Chat Chapter
21A.42(Zoning:Temporary Uses)of the Salt Lake City Code shall be and hereby is amended to
read as follows:
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Chapter 2I A.42 TEMPORARY USES
21A.42.010:PURPOSE STATEMENT:
21A.42.020:APPLICABILITY:
21A.42.030:AUTHORITY:
21A.42.040:NO CONTENT BASED DISCRIMINATION:
21 A.42.050:PROCESS FOR CONSTITUTIONALLY PROTECTED TEMPORARY USES:
21A.42.060:STANDARDS FOR ISSUANCE AND REVOCATION OF TEMPORARY
USE PERMITS:
21A.42.070:USE LIMITATIONS:
21A.42.080:PERMITTED TEMPORARY USES:
21A.42.090:PERMITTED TEMPORARY STRUCTURES:
21A.42.010:PURPOSE STATEMENT:
This chapter provides general regulations for uses,and the structures associated with them,which
have only a seasonal or temporary duration.
21A.42.020:APPLICABILITY:
This chapter regulates temporary uses not otherwise regulated by Section 3.50 of this code.Food
trucks and trailers are subject to Chapter 21A.36 of this title if on private property or Chapter 5.69
if on public property.Art festivals,neighborhood fairs and other similar activities,authorized by
other city regulations to operate on public property or within the public way,are not subject to the
provisions of this chapter.
21 A.42.030:AUTHORITY:
The zoning administrator may authorize temporary uses as defined in Chapter 21A.62 of this title,
and as hereinafter specified in accordance with the following provisions.
21A.42.040:NO CONTENT BASED DISCRIMINATION:
In applying the provisions of this chapter,the zoning administrator shall not consider the content,
except legally prohibited obscenity,of any activity which the applicant claims to be protected by
the First Amendment to the Constitution of the United States or Article I,Section 15 of the
Constitution of Utah.Regulation of such constitutionally protected activities by the issuance of
temporary use permits for temporary uses shall be limited to time,place,and manner restrictions
necessary to protect the legitimate governmental purposes recognized by this title.
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21A.42.050:PROCESS FOR CONSTI"II I IONALI Y PROTECTED TEMPORARY USES:
A. Notification to City:If an applicant for a building permit for a temporary use claims that the
activity is protected by the First Amendment to the Constitution of the United States or Article
1,Section 15 of the Constitution of Utah,and that the process specified in this chapter for
considering the temporary use is insufficiently expeditious or unreasonably burdensome,the
applicant shall notify the zoning administrator of the timetable which the applicant claims is
necessary to process the application and any burdens which the applicant claims to be
unreasonable.
B. Implementation of F.xpedited Process:The zoning administrator shall consult with the city
attorney and establish an expedited or otherwise modified process for considering the
application in a mariner and under such schedules as may be necessary to meet any
constitutional requirements affording protection to the activity.
21A.42.060:STANDARDS FOR ISSUANCE AND REVOCATION OF TEMPORARY USE
PERMITS:
A temporary use permit is required for temporary uses,in accordance with the following standards
set forth below:
A. Application:An application shall be submitted to the zoning administrator.Every application
for a temporary use permit shall include a site plan and a traffic plan listing the date,time,
location,anticipated attendance,anticipated access routes,ingress and egress for emergency
vehicles,and available parking in the vicinity.The application shall be submitted to the zoning
administrator at least thirty(30)calendar days before the scheduled date that the temporary
event or use is to take place unless the zoning administrator approves a shorter application
deadline.
B. Fees:The application for a temporary use permit shall be accompanied by the fee shown on
the Salt Lake City consolidated fee schedule.
C. Approval:A temporary use permit may be issued by the zoning administrator;provided,that
the applicant meets all applicable requirements of this chapter and any other requirements
deemed necessary by the zoning administrator to ensure that the temporary use will not have a
detrimental impact upon other properties.
ID. Basis for Permit Denial:A temporary use permit shall be denied if the zoning administrator
determines that the public health,safety,or welfare would be impaired,or if the applicant has
not adequately addressed traffic and parking issues associated with the proposed use,or if the
proposed use does not meet the purpose and parameters of this chapter.
E. Conditional Permit:A temporary use permit may be conditioned upon such special
requirements as the zoning administrator may determine are necessary to achieve the purposes
of thus title and to protect the public health,safety,and welfare.
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F. Revocation of Permit:A temporary use permit may be revoked by the zoning administrator
pursuant to the procedures of Section 21,1.08.060 of this title,if any of the standards and
conditions imposed pursuant to such permit.arc violated.
1. Authority:A temporary use permit may be revoked by the zoning administrator in
accordance with the provisions of this section,if any of the standards and conditions
imposed pursuant to such permit.are iolated.
2. Notice:Before a temporary use permit may be revoked,written notice of the decision
to revoke shall be served upon the permit holder,or agent of the permit holder,either
personally or by mail.The notice shall inform the permit holder of the grounds for the
revocation and advise the permit holder that the revocation shall be effective twenty
four(24)hours from the date of such service unless before the revocation date,the
permit holder either:
a. Demonstrates to the satisfaction of the zoning administrator compliance with the
requirements of the temporary use permit;or
b. Files an appeal of the zoning administrator's decision to revoke pursuant to
subsection 4 of this section.
3. Effect of Revocation:No person may continue to make use of land,buildings,or
temporary structures in the manner authorized by any temporary use permit after such
permit has been revoked in accordance with this section.
4. Appeal:Any person adversely affected by a final decision of the zoning administrator
to revoke a temporary use permit may appeal to the appeals hearing officer in
accordance with the provisions of Chapter 21A.16 of this title.
G. Other Permits:All required permits from other governmental entities must be obtained prior
to initiating the temporary use.
21A.42.070:USE LIMITATIONS:
A. General Limitations:Every temporary,use shall comply with all applicable zoning regulations
unless authorized by Sections 21A.42.080 and 21A.42.090 of this chapter.
B. Bulk and Yard Regulations:Except as expressly'provided otherwise in Sections 21A.42.080
and 21 A.42.090 of this chapter,every temporary use shall comply with the bulk and yard
requirements of the district in which the temporary'use is located with the exception of
landscaping requirements.Bulk and yard regulations can be adjusted by the zoning
administrator based on the nature of the temporary use and the character of the adjacent and
surrounding area.
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C. Zoning Districts:Temporary uses are allowed in all non-residential zoning districts and in the
following residential zoning districts:RB,R-MU,R-MU-35.R-MU-45,RO.Temporary uses
are also allowed in other zoning districts as authorized in Sections 21 A.42.080(A)-(C).
Temporary structures arc allowed in zoning districts as authorized in Section 21A.42.090.
D. Signage:Temporary signs may be permitted in accordance with the procedures and
requirements of Chapter 21 A.46 of this title.
E. Hours and Days of Operation:No temporary use shall be operated during any hours or on any
days of the week except as designated by the zoning administrator,on the basis of the nature
of the temporary use and the character of the adjacent and surrounding area.
F. Parking:Before approving any temporary use,the zoning administrator shall make an
assessment of the total number of off street parking spaces that will be reasonably required in
connection with the proposed temporary,use,location of the use,its intensity,and the
availability of other parking facilities in the area.No temporary use shall be authorized that
would,in the opinion of the zoning administrator,substantially reduce the amount of required
off street parking spaces available for a use in connection with permanent uses located on the
same zoning lot.
G. Sight Distance Triangle:No structures,equipment,merchandise,or any other item shall be
located within the"sight distance triangle"as defined in Chapter 21A.62 of this title.
H. Legally Existing Businesses:Legally existing businesses are subject to the regulations in the
underlying zoning district and any applicable regulation regarding outdoor sales,
2l A.42.080:PERMITTED TEMPORARY USES:
Subject to the specific regulations and time limits and to the other applicable regulations of the
zoning district in which the use is permitted,the following temporary uses shall be permitted in
the zoning districts specified below or in 21 A.42.070(C),upon a finding by the zoning
administrator that the parcel upon which the temporary use will be located is adequate in size,that
there are adequate parking provisions and traffic access,and that the applicant has agreed to
comply with such other conditions as the zoning administrator deems necessary to ensure that the
temporary use will not have any material detrimental impact upon other properties:
A. Fundraisers:Fundraisers are permitted in any zoning district provided the applicant is a
recognized community organization or non-profit,and the sale or event is no more than three
(3)consecutive days.
B. Christmas Tree Sales:In addition to the zoning districts allowed for all temporary uses,
Christmas tree sales are permitted on any parking lot for a legally existing recreational land
use that is seasonal in nature and not being used concurrently or if the site has more parking
than is required per the zone.Such uses shall be limited to a period not to exceed forty five
(45)days,per calendar year.Display of Christmas trees need not comply with the yard
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requirements of this title.No tree shall be displayed obstructing the"sight distance triangle"as
defined in Chapter 21A.62 of this title.
C. Festivals,Bazaars,Large Scale Outdoor Sale Events,Carnivals,Circuses,and Other Special
Events:Festivals,bazaars,large scale outdoor sale events,carnivals,circuses and other special
events shall he limited to a period not to exceed fourteen(14)days.Such use need not comply
with the maximum height requirements of this title.There must be at least seven(7)days
between events at a given location during which time any and all structures or other items
associated with the temporary use must be disassembled and removed from the site.
D. Temporary Food Service and Other Small Scale Temporary Uses:Temporary food
service and other small scale temporary uses are permitted for a maximum of one
hundred twenty(120)days each calendar year.Such facilities shall be less than 200
square feet and shall not interfere with pedestrian access to other businesses on the site.
Food trucks and trailers are subject to Chapter 21A.36 of this title if on private property
or Chapter 5.69 if on public property.
E. Farmers'Markets:Farmers'markets shall be limited to a maximum of one hundred
twenty(120)days each calendar year.
F. Outdoor Sales of Fireworks:Outdoor sales of fireworks from temporary stands or trailers is
permitted subject to the requirements of Title 18 of this code and all other city and state codes
regulating the sale and distribution of fireworks.No additional off street parking is required.
G. Movie/Film Locations:Movie/film locations are allowed in all zoning districts.The
applicant shall provide a short written description and schedule of the proposed filming
event to the owners and/or occupants of the property where filming will occur along with
all properties adjacent to it(including those across streets and alleys).A report noting the
reaction of those owners and occupants,with their addresses and phone numbers,shall be
required.
21 A.42.090:PERMITTED TEMPORARY STRUCTURES:
S:
A. Temporary Structures:Any permitted temporary use may utilize temporary structures to
further that use subject to the requirements of Chapter 18 of this title.
B. Connection to Water and Sewer Utilities:No temporary structures,besides relocatable
offices,can connect to water and sewer utilities.
C. Construction Trailers and Temporary Storage Yards:During building construction,
trailers serving as contractor's offices and temporary storage yards for construction
materials are permitted. Such facilities shall not be located in any required front yard on
the site.When,due to site constraints,a location outside of the required front yards is not
feasible,the location of such facilities may he approved by the zoning administrator.
Temporary construction facilities shall be removed upon the completion of construction.
No additional off-street parking is required.
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f). Temporary Structures Associated with Permanent Business:The following temporary
structures associated with a business that is legally licensed as a permanent business as
outlined in this title,are permitted subject to the following standards:
1. Tents and Canopies:Permitted in all nonresidential districts subject to the following
standards:
a. Tents and canopies in commercial,manufacturing,downtown,gateway,and special
purpose districts shall comply with the following standards:
i. Tents and canopies shall remain on the property for no longer than forty five(45)
consecutive days and no longer than forty five(45)days in a calendar year.Tents
are allowed to stay for up to two(2)days after the forty five(45)day period for
the purpose of disassembly of the tent or canopy.
ii. No tent or canopy may occupy required parking stalls.
iii. There is no maximum size requirements for a tent or canopy as long as it meets
the yard and setback requirements of the underlying zoning district.All tents over
200 square feet in area need to be approved by the Salt Lake City Building
Services Division for wind and snow load requirements.
b. Tents and canopies in all other zoning districts and for legal,nonconforming land uses:
i. Tents and canopies shall remain on the property for no longer than forty five(45)
consecutive days and no longer than forty five(45)days in a calendar year. Tents
are allowed to stay for up to two(2)days after the forty five(45)day period for
the purpose of disassembly of the tent or canopy.Tents and canopies in any
residential zone for the personal use of any resident are not subject to this standard.
ii. No tent or canopy may occupy required parking stalls.
No tent may exceed two hundred(200)square feet in size and no canopy may
exceed four hundred(400)square feet in size.
2. Kiosks and other Temporary Structures:Kiosks and other temporary structures shall be no
larger than two hundred(200)square feet.Such structures shall be located to minimize
any light or noise impacts on adjacent residential properties.
3. Relocatable Office Buildings:Relocatable office buildings as defined in Chapter 21 A.62
of this title,are permitted in all zoning districts that permit offices subject to the
requirements of Title 18 of this title.
SECTION 2. Effective Date. This ordinance shall become effective on the date of its
first publication.
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Passed by the City Council of Salt Lake City,Utah,this 6th day of March
2018.
CHAIRPERSON
�H T UNT GN:
Cfrj"'
CITY RECORDER
Transmitted to Mayor on 1'«Vt- 4;1:
Mayor's Action: Approved. Vetoed.
/'
M YOPa
CITY RECORDE_ APPROVED AS TO FORM
(SEAL) Salt Lake City Attorney's Office
Date: MP yk 0.
Bill No. 4 of 2018. By,
Published: March 16. 2018. Allison Parks,Assistant City Attorney
HB ATTY-#64107-v4-Ordinance_Amending_Temporary_Uses_for_Zoning 21 A_42.docx
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