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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)
Any bachelor or bachelorette dwelling that was in legal existence prior to October 1, 1998, shall be considered a legal conforming use for certain purposes. Legal conforming use status shall authorize alterations, extensions, additions, or replacement of the dwelling, without having to comply with the requirements of chapter 6 of this title, except to the extent that the building or site does not comply with existing minimum yard setbacks, height restrictions, parking requirements, or landscaping requirements. If located in a multiple-family zone, the site development standards shall be the same as the requirements imposed on a multiple-family dwelling in the same zone. If located in single-family or two-family zone, the site development standards shall be those applicable to multiple-family dwellings in the R-3 zone.
(Ord. 2004-50, 7-27-2004)
A. Any dwelling unit having more than three (3) but no more than five (5) unrelated individuals residing on the premises as of July 27, 2004, shall not be required to comply with the definition of "family" as it applies to the allowed number of unrelated individuals until January 27, 2006, unless granted an extension under subsection B of this section. Notwithstanding the above, individuals residing in a dwelling unit as four (4) or five (5) unrelated individuals on July 27, 2004, shall be allowed to continue residency so long as no other individual is residing in the dwelling unit who was not residing therein on such date.
B. Extension:
1. Conditions: The director shall grant an owner of property affected by subsection A of this section an extension of the time for complying with the requirements of such subsection if:
a. The owner:
(1) By September 20, 2006, files a notice of intent to apply for a time extension as provided in this subsection B, and
(2) By June 20, 2007, files a complete application for an extension of time as provided in this subsection B; and
b. The owner's application for an extension of time demonstrates by a preponderance of evidence that:
(1) The nonconforming use which is the subject of the application was legally established as of July 27, 2004, and
(2) The owner is unable to recover prior to January 27, 2006, the amount of the owner's investment in the property, using the formula provided in subsection B2 of this section.
2. Formula:
a. The time period during which an owner may recover the amount of the owner's investment in property affected by subsection A of this section shall be determined by dividing the residual value of the property by the average monthly net rental income from the property. The resulting figure is the number of months which the owner shall have to recover his investment in the property. For the purposes of this subsection, the following definitions shall apply:
ADJUSTED PRESENT VALUE: A property's original purchase price plus any capital improvements and less depreciation and net income from the property, all as adjusted for inflation to July 27, 2004.
AMOUNT OF THE OWNER'S INVESTMENT: The adjusted present value of a property as of July 27, 2004.
COMPLIANCE VALUE: The appraised value of the property on July 27, 2004, based on compliance with the requirements of this section.
RESIDUAL VALUE: The difference between a property's adjusted present value and its compliance value as of July 27, 2004.
b. The time period determined under subsection B2a of this section shall apply to the property for which the owner made an application for extension and to the owner's successors, if any, until such time period has run.
3. Regulations: The director may adopt reasonable regulations to carry out the purpose of this subsection B.
4. Stay Of Enforcement Action: Timely filing of a notice of intent as provided herein shall stay any enforcement action pending the filing of a complete application as provided herein. Timely filing of the complete application for extension of time shall stay any enforcement action pending the director's final decision on the application.
C. The burden of establishing a right to maintain more than three (3) but no more than five (5) unrelated individuals under this section shall be on the owner, occupant or other possessor of the dwelling unit.
(Ord. 2004-50, 7-27-2004; Ord. 2006-26, 6-20-2006)
Notes
| 1 | 1. See definition of "family" in section 15-2-7 of this title. |
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