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Draft code contains conflicting time limits for temporary uses (1 year vs. 2 years)

Box Elder County Planning Commission · March 19, 2026

Summary

The draft's E-2-g clause limits Temporary Use Permits to 'up to 1 year,' while the Temporary Use definition elsewhere says such uses 'shall not extend beyond 2 years from inception,' creating an inconsistency the county will need to resolve.

The draft Exhibit B includes two conflicting statements about how long a Temporary Use Permit may remain in effect. Section E-2-g specifies that "the time for an approved Temporary Use Permit shall only be given for up to 1 year." Immediately elsewhere, the draft's definition of Temporary Use (1-3-040) includes text stating a temporary use "shall not extend beyond 2 years from inception of such land use." The draft repeats that whether a land use is temporary should be judged on facts submitted at application.

That discrepancy—one clause capping a permit at one year and another allowing up to two years—would require reconciliation before final adoption to avoid legal ambiguity for applicants and staff. The draft itself does not show resolution language or an accompanying staff report explaining which limit is intended.

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