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5.06.010 - Allowed Temporary Uses#
The following temporary uses are allowed subject to the issuance of a temporary use permit and the regulations established herein: A.
Nonprofit Fundraising Activities. Any and all offering of products and services conducted as fundraising activities by a recognized nonprofit group or organization subject to the following limitations:
1.
One event up to seven (7) consecutive days in duration per six (6) month period if the products or services are offered for sale in a temporary structure or at a temporary site.
2.
In addition to the above, six (6) events of up to three (3) consecutive days in duration may be conducted during the calendar year.
3.
Such fundraising activities shall be conducted in accordance with all other applicable ordinances, codes and laws of the town and the state.
B.
Organized Outdoor Events. Educational, historic, religious and patriotic displays or exhibits, outdoor concerts, athletic or recreational events, festivals, street fairs, outdoor arts and crafts fairs and other organized events:
1.
The fee for such outdoor event is to be set by the Town Council.
2.
No single event shall exceed four (4) consecutive days.
C.
Accessory Parking Facilities. Parking facilities which serve either other temporary uses or serve lawfully established uses on a temporary basis and which are subject to the following limitations:
1.
Accessory parking facilities associated with other temporary uses shall be permitted an additional day on either side of the event or use with which they are associated, not to exceed a total of six (6) consecutive days, to allow for preactivity preparation and post activity cleanup.
2.
Accessory parking facilities associated with lawfully established uses may be allowed for special circumstances which render the regularly provided off street parking insufficient. The duration of use of accessory parking facilities permitted under this section shall not exceed three (3) months.
3.
When no reasonable alternative exists, required parking may be provided on an unfinished grass or dirt surface, any damage to which shall be repaired by applicant immediately following event.
5.06.020 - Application#
An application for a temporary use permit shall be filed with the Town of Virgin at least thirty (30) days prior to the event, and shall contain the following required information, as applicable: A.
Name of the applicant and organizational affiliation;
B.
Notarized statement of ownership, or pennit or letter of authorization from the owner of the property on which the use is proposed to be located;
C.
Cover letter describing the project or event;
D.
Existing zoning of site and contiguous properties;
E.
A narrative description of contiguous uses;
F.
Location of existing structures on adjacent property;
G.
Site plan, drawn to scale, showing proposed locations and uses of all temporary structures;
H.
Estimate of the number of attendees expected;
I.
The date of the event, activity or installation of such temporary structures;
J.
The date that the event, activity or occupancy of all temporary structures shall cease.
5.06.030 - Standards#
A.
Prior to the issuance of a temporary use permit by the Town Clerk or other designated official, the Town shall find:
1.
That the use is temporary and impermanent;
2.
That the use will not create a nuisance, hazard or interfere with neighboring properties and enjoyment thereof;
3.
That the location will not create a traffic hazard or parking problem in the right of way and that parking is available on-site or at satellite locations by separate permit;
4.
That all associated signs conform to the town sign regulations and will be temporary and impermanent;
5.
Copies of health department approval where food items or food products are handled or sold, and in any other situation where health department standards apply;
6.
Copies of UDOT approval shall be obtained if the event or activity will utilize the SR-9 right of way;
7.
That the lot will be kept clean and free from litter and debris at all times;
8.
That landscape and natural vegetation areas will not be injured or trampled and the liability for replacement of any damage which may occur shall be assumed by the applicant;
9.
That adequate on-site sanitary facilities are available or shall be provided by the applicant;
10.
That the applicant shall have sufficient liability insurance for the requested use or event.
B.
Blockage or closure of streets for events shall be avoided if possible. Street closure, if deemed necessary, is subject to the specific approval of the Mayor or designated official. Traffic control, if necessary, shall be provided at the expense of the applicant.
C.
If any street or road within the town is to be utilized in an athletic or other event, or is to be closed, applicant is required to provide noticing materials to the town for public display in all ordinary posting places, including the town website. These advertising materials shall give estimated start and end times of event and, if applicable, street closure.
5.06.040 - Revocation of Permit#
Temporary use permit shall be revoked and the said use immediately ceased in the event of a violation of any of the provisions of this section or the conditions set forth in the temporary use permit.
5.06.050 - Business License Required#
Temporary use permit is not a business license and the granting of said permit shall not relieve the permittee of any other license requirement of the town or any other public agency.
5.06.060 - Fees#
In order to offset a portion of the costs incurred by the town in processing temporary use permits, a fee shall be charged as established by resolution of the Town Council.
5.06.070 - Deposit#
For events that utilize public property, a returnable deposit, not to exceed $5.00 per person likely to attend (as estimated by the official granting the temporary use permit), may be required, from which shall be subtracted the Town's cost of any repair, maintenance work, or emergency services necessitated by activities connected to the event.