When, in its judgment, the public welfare will be served and the use of neighboring property will not be injured thereby, the Board of Appeals may hear and decide, in accordance with the provisions of this chapter, requests for exceptions and for decisions on special situations on which this chapter specifically authorizes the Board to pass. Any exception shall be subject to such conditions as the Board may require to preserve and promote the character of the district in question. The granting of a special exception shall in no way constitute a change in the basic uses permitted in the district affected, nor on the property wherein the exception is permitted. The Board may issue either temporary or conditional permits as special exceptions for the following land and structure uses.
(a) Temporary Permits. The granting of such special exceptions for temporary structures for dwelling purposes, including mobile homes, shall be subject to the following procedures and limitations:
(1) An application for a permit for the erection or movement of a temporary structure for dwelling purposes, including mobile homes, shall be made to the Board on a special form used exclusively for that purpose.
(2) The Board shall give due notice to the applicant and to all property owners as provided for in Section 1264.04(a).
(3) A temporary permit shall not be granted unless the Board finds adequate evidence that the proposed location of use will not be detrimental to property in the immediate vicinity and that the proposed water supply and sanitary facilities have been approved by the County Health Department.
(4) The Board may impose any reasonable conditions, including setbacks, land coverage, off-street parking, landscaping and other requirements deemed necessary to protect adjoining properties and the public welfare. The violation of any such condition shall automatically invalidate the permit.
(5) The permit issued shall clearly set forth the conditions under which the permit is granted and shall state that the proposed temporary dwelling structure is to be vacated upon expiration of a specific time limit not to exceed six months. No permit shall be transferable to any other owner or occupant.
(b) Conditional Permits. When conditions exist that are unique to a particular situation, a conditional permit may be issued with specific limitations imposed by the Board. The land or structure use may be permitted to be established and to continue in use as long as the conditions unique to the use exist. The permit may be cancelled when the conditions upon which the permit was issued cease to exist. The permit issued shall contain all the specified conditions under which continued use may be allowed. Conditional permits may be issued for the following uses:
(1) The Board may authorize a reduction, modification or waiver of any of the off-street parking or off-street loading regulations in Chapter 1288, when it can be demonstrated that circumstances of extreme practical difficulty exist that would unquestionably result in hardship to the applicant when a literal interpretation of the regulations is required. Hardship shall not be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land. A hardship that is a result of any action of the applicant shall not be considered by the Board. Under all these circumstances, in no case shall the off-street parking or off-street loading standards be reduced by more than 25%.
(Ord. 2001-9. Passed 12-10-01; Ord. 2005-4. Passed 10-10-05; Ord. 2009-5. Passed 11-9-09.)