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Planning commission recommends temporary land‑use ordinance with limits on durations, inspections and restoration

5347002 · July 10, 2025
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Summary

After a public hearing, the commission recommended that the city council adopt a draft ordinance to reinstate and amend Title 10, Chapter 17 to regulate temporary land uses; commissioners asked staff to add restoration language, inspection authority, reference to fines and the city attorney's redlines before council review.

The Toquerville Planning Commission held a public hearing and voted to recommend that the Toquerville City Council adopt an ordinance (ref: Ordinance 2025‑XX) amending and reinstating Title 10, Chapter 17 of the city code to establish standards and permitting requirements for temporary land uses.

Staff described the draft ordinance as a response to planned temporary uses in the Firelight development, including temporary sales trailers, construction trailers, seasonal sales and other short‑term uses. Emily, the planning and zoning administrator, said staff would require complete applications and would circulate proposals to internal departments and the joint utility committee; she added that "I also have the authority to revoke a permit if they're not complying with the things that we ask them to do."

Commission discussion focused on several specific provisions staff proposed or commissioners asked to add: (1) a clear maximum duration for exempted civic, religious or school activities (staff and commissioners discussed a 60–90 day guideline, with several commissioners favoring 60 days for clarity), (2) language requiring site restoration after a temporary use ends or after permit revocation, with carve‑outs where permanent improvements have been made, (3) explicit inspection authority for city staff and an option to charge a modest compliance inspection fee (staff referenced a prior example around $50 to cover inspection costs), and (4) referencing the city's fine schedule or a misdemeanor penalty for continued noncompliance after revocation.

Staff proposed that sales trailers used during active construction be permitted for the duration of active construction and be subject to annual review; commissioners asked staff to include renewal and extension procedures and to require applicants to state the proposed duration in their applications.

The public hearing drew no public speakers. Following discussion, a commissioner moved to recommend the ordinance to the city council with the changes discussed and the city attorney’s redlines; the motion was seconded and carried unanimously.

The commission requested that staff prepare a clean draft incorporating: a restoration requirement (except where permanent improvements remain), explicit inspection language and a reference to the fine schedule or penalties, and a timeline guideline for exempted activities. The recommendation will go to city council for final action.