(A) Personal hardship.
(1) Limitation to one. Not more than one manufactured home may be permitted as an accessory use in a residential district on a temporary basis, provided the Board of Adjustment determines a personal hardship exists.
(2) Justification of a personal hardship. The reasons justifying hardship shall be any one of the following:
(a) Medical condition. This hardship shall require a written statement from a physician licensed in this state establishing the medical condition of either the applicant for which the manufactured home is intended or the property owner of the property at which the applicant intends to reside and supply necessary care and supervision. The physician’s statement shall declare that the person(s) affected must have constant care and supervision.
(b) Destruction or partial destruction of existing dwelling, or new construction. For temporary use conditions and requirements see § 155.030. This temporary permit does not require action by the Board of Adjustment unless otherwise noted.
(c) Other personal hardships. Clear and convincing evidence shall describe the personal hardship and the necessity for the temporary manufactured home. Financial distress or convenience shall not be a sufficient basis justifying hardship absent other cumulative factors.
(B) Conditions governing application. The Board of Adjustment shall grant in particular cases and subject to the appropriate conditions and safeguards permits for temporary uses as authorized by this chapter. The temporary use permit shall not be granted unless and until:
(1) A written application for a temporary use permit is submitted indicating the section of this chapter under which the temporary use permit is sought. All supporting documentation (including any permit required for an on-site private sewage disposal system) shall be included with the written application;
(2) A public hearing is held. Notice of such hearing shall be posted on the property for which the temporary use permit is sought and in a local newspaper. This legal notice shall describe the request and appear at least once weekly for two consecutive weeks. The notice shall be published for the first time not less than ten days nor more than 25 days before the date affixed for the hearing;
(3) The Board of Adjustment finds, in the particular case in question, the use for which the temporary use permit is sought, that:
(a) A personal hardship does exist as set forth in this chapter;
(b) The use will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use;
(c) The use will not be detrimental to the public welfare; and
(d) The use will not be injurious to property or public improvements in the neighborhood.
(4) In granting such a temporary use permit, the Board of Adjustment may designate such conditions in connection with the proposed use that, in its opinion, will assure that the proposed use will conform to the requirements and spirit of this chapter; and
(5) If the specified conditions addressed in the temporary use permit are violated, the permit shall be revoked and the use will no longer be allowed. Only by reapplying to the Board of Adjustment for another temporary use permit and receiving its approval can the use be again permitted.
(C) Expiration. Temporary use permits may be issued in such cases for one year initially and may be renewed for successive one-year periods so long as the hardship continues to exist. Evidence shall be submitted each year, not less than 30 days prior to the anniversary date of the approval of the temporary use permit, demonstrating the hardship is continuing and requesting that the temporary use permit be renewed. Once the hardship ceases to exist, the temporary use permit is automatically voided and the applicant shall remove the manufactured home from the property within 30 days from the date the hardship terminated.
(D) Renewal.
(1) Application for renewal of a temporary use permit shall be made 30 days prior to the expiration date of the permit. All applications shall be made to the Zoning Enforcement Officer, and in turn shall be reviewed by the Board of Adjustment to determine relative need.
(2) In the case of a medical hardship, the application for renewal may be approved by the Zoning Enforcement Officer subject to review by the Board of Adjustment. Evidence demonstrating the ongoing medical hardship, in accordance with division (A) of this section shall be required to be submitted with the annual permit renewal application.
(1996 Code, § 155.190) (Ord. passed 5-21-1984; Ord. passed 5-16-2005)