4.1.435 Temporary Approval.
A. The purpose of temporary land use approval is to allow an applicant in certain hardship or emergency situations to proceed without notice to those ordinarily entitled to notice with a land use action proposed in an application made to the Planning Division before the Division completes its review of the proposed use. In all cases, an applicant receiving temporary approval must obtain final approval on the submitted application pursuant to the procedures specified in this code.
B. Subject to subsection (E) of this section, the City Council or the Community and Economic Development Director may authorize a temporary land use approval, provided all of the following are met:
1. An application for the land use approval has been accepted as complete.
2. A fee for review of the temporary approval has been paid.
3. The applicant has demonstrated good and sufficient cause for such a temporary approval.
4. It appears that the application will be given final approval in substantially the form submitted by the applicant.
5. The applicant accepts each and every risk of loss and damage that may result if the application is denied, and further agrees in writing to hold City, its officers, agents and employees harmless from such loss and damage.
6. The applicant agrees in writing to restore the site to its original condition if the application for the land use approval is denied.
7. The applicant posts a bond or other form of security acceptable to the Review Authority in an amount sufficient to cover the costs of restoration of the site.
C. For the purposes of this section, good cause shall include only hardship or emergency situations arising due to factors that, through the exercise of ordinary diligence, the applicant could not have foreseen. “Good cause” does not include an applicant’s request for a temporary permit for reasons of convenience only.
D. A temporary use approval shall not be granted for variances, zone changes or plan amendments.
E. The scope of the temporary approval shall be limited to allow the applicant to proceed only with that portion of the proposed use justifying the applicant’s claim of hardship or emergency.
F. A temporary use approval shall expire as follows:
1. Six months from the date of approval, if no decision has been reached on the underlying application.
2. On the date the appeal period runs on the decision on the underlying application.
3. On the date that all appeals of the decision on the underlying application are decided and final.
G. A decision to approve a temporary use application is not appealable. [Ord. NS-2445, 2022; Ord. NS-2251, 2015; Ord. NS-2122, 2009; Ord. NS-2016, 2006]