§ 86.15.050  Modifications of the Provisions of this Development Code.
   (a)   General.
      (1)   Criteria to Receive Modifications.  In order to be eligible for modifications of the provisions of this Development Code and expedited application processing, an application shall meet all of the following criteria:
         (A)   The application shall be for the reconstruction or repair of damage caused by the disaster;
         (B)   The application shall have been filed after the occurrence of the disaster;
         (C)   The application site is not within an Extreme Hazard Area;
         (D)   The application does not violate applicable County, State, or Federal law; and
         (E)   Various kinds of information or proof of the previous use and structure may be required. This information may include: aerial photos, copies of Building Permits, County Assessor’s records, original construction plans, photographs, property deeds, reports/studies, and surveys. Adequate proof that the damage to the structure was the result of the disaster may also be required.
      (2)   Conforming Structures and Uses.
         (A)   Conforming single-family residential, duplex, triplex, and agricultural structures may be reconstructed in-kind after the issuance of applicable permits. Conforming single-family structures may be altered and expanded so long as they meet all applicable Development Code requirements.
         (B)   Conforming structures and uses subject to a Conditional Use Permit, Minor Use Permit, or Site Plan Permit.
            (I)   Conforming structures, occupied by conforming uses which are subject to a Conditional Use Permit, Minor Use Permit, or Site Plan Permit, and for which approved plot plans are available for review, may be reconstructed or repaired in-kind after the issuance of applicable permits.
            (II)   Conforming structures, occupied by conforming uses which are subject to a Conditional Use Permit, Minor Use Permit, Site Plan Permit, and where no approved plot plans are available for review, may be reconstructed or repaired in-kind after the issuance of a Site Plan Permit and all other applicable permits.
      (3)   Nonconforming Uses and Structures.
         (A)   Single-family residential, duplex, and triplex structures located in residential land use zoning districts not in compliance with the provisions of this Development Code may be reconstructed or repaired in-kind after the issuance of applicable permits.
         (B)   Nonconforming multi-family residential structures located in residential land use zoning districts may be reconstructed or repaired in-kind after the issuance of a Site Plan Permit (as modified by the provisions of § 86.15.060(a), below) and all other applicable permits.
         (C)   Nonconforming commercial, industrial, and institutional structures located in nonresidential land use zoning districts may be reconstructed or repaired in-kind after the issuance of a Site Plan Permit (as modified by the provisions of § 86.15.060(a), below) and all other applicable permits.
         (D)   Except as listed above, all other provisions of this Development Code shall apply.
   (b)   New Construction.  All new construction shall be in compliance with the provisions of this Development Code.
   (c)   Temporary Uses.
      (1)   Residential.
         (A)   On-Site.  Temporary residential quarters are allowed on the site of residential unit(s) made uninhabitable by the disaster. The unit(s) may only substitute for the unit(s) previously on the property and may be placed after issuance of a Temporary Use Permit in compliance with Chapter 85.15. Under these circumstances, the Temporary Use Permit may be issued before the issuance of a permit to reconstruct the permanent unit(s), but a Building Permit shall be applied for within 180 days after issuance of the Temporary Use Permit. Individual mobile units require individual approved Setdown Permits.
         (B)   Other Sites.  Temporary mobile housing may be allowed on sites in any zoning/land use district with a Temporary Use Permit approved by the Building Official and subject to the special findings for a Temporary Use Permit identified in § 86.15.060(b), below). Individual mobile units require individual approved Setdown Permits.
      (2)   Commercial, Commercial Agricultural, Industrial, Institutional Uses.  Temporary nonresidential structures for commercial, commercial agricultural, industrial, or institutional uses, either singly or in groups, shall be allowed in any land use zoning district except residential, on the same site or on a different site than the original structure, with a Temporary Use Permit approved by the Building Official and subject to the special findings for a Temporary Use Permit identified in § 86.15.060(b), below). Individual mobile units require individual approved Setdown Permits.
(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008)