A. Definitions: The following terms when used in this section shall have the following meanings:
DAMAGED BUILDING: A building that has been damaged and destroyed by fire, flood, wind, earthquake, or other "disaster" as defined in title 12, chapter 15 of this code.
SITE DEVELOPMENT STANDARD: Any regulation under this title that imposes:
1. Yard, setback, height or other dimensional requirements, regarding the placement of buildings, structures or other site improvements;
2. Building design or architectural requirements; or
3. Parking regulations or requirements.
B. Permit Granted: A temporary special permit may be granted allowing the temporary waiver of a site development standard, or the installation of a temporary building or structure not otherwise allowed as a permitted or conditional use, only as follows:
1. The person requesting the permit:
a. Was the occupant of a damaged building and its reconstruction or rehabilitation is being diligently pursued by the owner;
b. Plans to return to the damaged building after its reconstruction or rehabilitation; and
c. Is in need of temporary facilities until such reconstruction or rehabilitation is completed.
2. A temporary special permit shall only be granted if the applicant demonstrates, and it is determined by the approving authority, that:
a. Either:
(1) The duration of the temporary relocation does not justify the outlay of expenses necessary to bring the property into compliance with the applicable site development standard or use restriction, or
(2) The improvement required by the site development standard or use restriction is inconsistent with the subsequent use of the property;
b. If the temporary special permit does not relate to the site of the damaged building, the person requesting the permit has made a reasonable attempt to find temporary facilities, which comply with the requirements of this title;
c. The duration of the temporary special permit is no longer than reasonably necessary for the diligent reconstruction or rehabilitation of the damaged building; and
d. The temporary waiver will not negatively impact surrounding properties, cause public inconvenience, threaten the safety of the public, cause damage to adjacent public infrastructure or property, or substantially affect the implementation of the general plan.
3. An exception involving a design standard may be approved by the director, or the director's designee; provided, however, that any person denied such waiver may appeal to the Ogden City planning commission for a final administrative determination. The approving authority may impose conditions determined to be necessary to bring the requested waiver into compliance with the intent of this section.
4. The time period for the temporary special permit shall not exceed the period of time necessary for the diligent rehabilitation or reconstruction of the damaged building; provided, that in no event may the temporary special permit, nor any extension thereof, be approved for a period in excess of three (3) years.
5. It shall be the obligation of the person requesting the permit to provide all information determined by the approving authority to be necessary for the determinations required above.
6. Within sixty (60) days after the expiration date of the permit, the permittee or its successors or assigns shall either return the temporary site back to its original condition, or otherwise bring the site into compliance with the provisions of this title.
7. An agreement shall be entered into between the permittee and the city at the time of issuance of the permit, which defines the site restoration requirements, including restoration of landscaping, whether upon public or private property, and removal of any temporary structures, and provides notice to successors and assigns.
C. Intention: It is not the intention of this section to restrict the power of the mayor to grant temporary exceptions for emergency situations under section 15-1-13 of this title.
(Ord. 2001-64, 12-18-2001)