A. The building official is hereby authorized to grant temporary exceptions to the maintenance standards adopted under section 16-8B-10 of this article for purposes of allowing the erection of a temporary film set within the 25th Street historic district directly related to filming activities authorized under a filming permit otherwise issued by the city. Such exception shall only be granted for actual periods of filming and a reasonable period of time for set up and removal immediately prior to and after filming. No change or alteration shall be made to a historic resource, except in compliance with the requirements of title 17 of this code. In no event shall the content of any sign or display depicted in such temporary film set be reviewed or considered in determining whether to grant such temporary exception.
B. For purposes of this section, "temporary film set" means temporary facades, structures, signs, set dressings or other temporary alterations to a building or site that will be the subject of media broadcasts, motion pictures or filming.
C. An application for a temporary exception under this section shall contain the following:
1. The address of the vacant building(s);
2. The filming date(s) where the temporary film set(s) will be used;
3. Period of time necessary for set up and removal immediately prior to and after filming;
4. A general physical description of the temporary film set or activities without reference to content of any sign or display;
5. A copy of the filming permit issued by the city; and
6. Any additional information that the building official finds reasonably necessary to a fair determination as to whether an exception should be granted.
D. The building official may deny an application for temporary exception on any of the following grounds:
1. The application for temporary exception (including any required attachments and submissions) is not complete;
2. The application for temporary exception contains a material falsehood or misrepresentation;
3. The granting of the proposed exception would present an unreasonable danger to the health or safety of the applicant, or the public;
4. The proposed exception falls outside of subsection B of this section;
5. The proposed exception is inconsistent with the purposes and intent of this article;
6. A prior application for temporary exception or permit for the same time and place has been received, and an exception or permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple usage;
7. The proposed use or activity intended by the applicant would conflict with previous planned uses or activities previously scheduled for the same time and place;
8. The proposed use or activity has not complied or cannot comply with other applicable city, state, or federal ordinances, regulations, or licensing requirements;
9. The proposed use or activity intended by the applicant is prohibited by law;
10. The applicant on prior occasion(s) failed to comply with the material terms of a permit or temporary exception granted under this section and has failed to rectify such failure to comply; or
11. The applicant on prior occasion(s) damaged property or private property of historic significance and has failed to provide for the repair or such property or has otherwise failed to rectify such damage.
E. All applications for temporary exception shall be processed within ten (10) business days of receipt by the division. Upon written notice to the applicant, the building official shall be allowed an additional ten (10) business days to process any application for temporary exception, if the building official deems it necessary. If the building official denies the application, the applicant may appeal the denial to the mayor within twenty (20) business days. If the mayor affirms the application denial, the applicant may seek judicial review in a court of competent jurisdiction. The applicant is prohibited from violating the maintenance standards of this article pending a final judicial determination.
(Ord. 2002-43, 7-16-2002, eff. 7-17-2002; amd. Ord. 2002-51, 8-20-2002)