17.17.140 Temporary site plans.
1. Purpose. This section is enacted to accommodate certain uses which are temporary or seasonal in nature and in which typical permanent infrastructure and site plan improvements required by the Code would not be considered reasonable for the limited duration of the temporary use. No person shall construct or use a temporary site or building without first obtaining approval as set forth in this section.
2. All temporary sites shall be restricted to the non-residential zones, excluding seasonal agricultural or horticultural sales, which are permitted in all zones.
3. All submittal requirements for temporary site plans shall be followed as listed in the Land Development Policies, Standard Specifications and Drawings Manual (Development Manual).
4. The applicant shall pay a fee as established in the Lindon City Fee Schedule.
5. An application for a temporary site plan may be made by any property owner, lessee, contract purchaser, official, department, board or bureau of any government. If the property owner has not signed the application, a contract purchaser or lessee must file, with the application, a copy of the contract or some form of written statement which indicates the endorsement of the application by the property owner.
6. The Development Review Committee (DRC), or their appointed designee, shall be the land use authority for all proposed temporary site plans. The DRC shall have authority to approve, conditionally approve or deny any temporary site plan application accessible for the public enter therein.
a. The DRC shall evaluate the impact of each temporary site and will assure that the site plan is compatible with the zone in which it is to be located.
b. Any temporary site plan permitted by the DRC which complies with the specific requirements of this Chapter and any conditions and restrictions which may be imposed by the DRC shall be deemed to be a permitted temporary site on the lot on which it is thus permitted. Once a temporary site plan is permitted, however, the use shall not be enlarged, extended, changed, increased in intensity, or relocated unless an application is made for a new or revised temporary site plan.
c. Non-permitted or unlisted uses deemed beneficial to or furthering the public interest may be considered for temporary site plan approval. Such uses may consist of public works projects, public utility construction activities, or other governmental activities.
7. All temporary site plans shall satisfy the following general standards:
a. The proposed temporary use will be located, operated and maintained in a manner generally consistent with the policies of the general plan and the provisions of the Code.
b. Adequate parking to accommodate vehicular traffic to be generated by such use will be available on-site and/or meet parking regulations in LCC Chapter 17.18.
c. The proposed use shall be such that pedestrian and vehicular traffic generated will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood.
d. No motor vehicle, mobile home, shipping container, or trailer from which sales are transacted or product is displayed shall be accessible for the public enter therein.
e. The location, size and height of buildings, structures, walls and fences, and the nature and extent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and use of adjacent or nearby land and/or buildings or adversely impair the value thereof.
f. Signs shall be regulated by the provisions of the Sign Ordinance found in LCC Chapter18.
g. The temporary use regulation of this Section does not exempt the applicant or operator from any other required permits, such as business licenses or health department permits.
8. The applicant shall comply with any condition imposed by the DRC. Conditions may include additional off-street parking, on-site landscaping, or any other physical improvements. In determining whether such improvements should be required, and in determining whether the temporary site plan shall be approved, denied or approved with conditions, the DRC shall consider the following:
a. Harmony of the request with the general objectives of the general plan, City ordinances, and the particular zone in which the request is located.
b. Harmony of the request with existing uses in the neighborhood.
c. Development or lack of development adjacent to the site.
d. Whether or not the request may be injurious to potential development in the vicinity.
e. Present and future requirements for transportation, traffic, water, sewer, and other utilities.
f. Suitability of the specific property for the proposed use.
g. Economic impact of the proposed use on the neighborhood.
h. Aesthetic impact of the proposed use on the neighborhood.
i. Attempts by the applicant to minimize other adverse effects on people and property in the area.
j. Impact of the proposed use on health, safety and welfare of the City and persons owning property in the area.
k. The anticipated parking needs for the site.
9. Regulations for Specific Uses.
a. Christmas tree sales lots: Allowed in all commercial and industrial zones. Display of Christmas trees need not comply with setback requirements of the zone, however, no display shall be located in any clear vision area. The temporary use permit shall be valid for a maximum 45-day consecutive time period.
b. Firework sales: Allowed in any commercial or industrial zone from temporary stands. In addition, applicants must acquire all required permits and licensing prior to approval. Firework sales are also subject to the requirements of LCC Chapter 8.28.
c. Fast food huts for the retail sale of food items such as shaved ice, snow cones, hot dogs, tacos, soft drinks. Allowed in any zone food eating establishments are permitted. Such uses may last up to a maximum one hundred twenty (120) consecutive days.
d. Outdoor sales/traveling retail sales or services (such as sales of tools, housewares, rugs, toys, or other manufactured goods), or service businesses (such as windshield repair): May be allowed in all commercial and industrial zones. Such events may last up to a maximum of (30) thirty consecutive days.
e. Seasonal agricultural or horticultural produce sales: Allowed in all zones. The temporary use permit for such uses shall be valid from May 1st through November 30th.
10. Except for uses listed in 9(e) of this section, the applicant shall remove within fourteen (14) days of the expiration of the approval, any structure or materials used for the temporary site such as tents, poles, display bins, etc. The applicant shall restore the site to the approved original site plan. If no original site plan exists, the applicant shall restore the site to its original condition. If deemed appropriate by the DRC, a bond in the amount determined by the DRC shall be posted with the City to guarantee the removal of temporary structures and/or restoration of the original site conditions.
11. After expiration of the time limit on a temporary site plan approval, the use must cease and shall not be relocated on the same parcel for 180 consecutive days. The only exceptions to this requirement are listed in paragraphs 9(e), 12 and 13 of this section.
12. The Development Review Committee may grant approval of a temporary site for up to one (1) year if any of the following conditions are met:
a. The applicant has received site plan approval to build on a new site or expand a current site within the City.
b. The applicant has begun construction and shall be making progress toward completion of the new or expanded site.
c. The temporary site will be used to house the business moving into the new or expanded site.
13. The Development Review Committee may, if the applicant shows good cause, grant up to one (1) six (6) month extension for temporary site plans approved pursuant to paragraph 12. (Ord. 2010-1, amended, 2010; Ord. 98-3, amended, 2000)