§ 151.009 TEMPORARY PERMIT FOR ADDITIONAL DWELLING UNIT FOR FAMILY HARDSHIP.
   (A)   (1)   When a family hardship exists because a medical condition which relates to and is caused by handicap or infirmity or relates to a person otherwise incapable of maintaining a separate residence, the hearings body may authorize the placement of a mobile home on a lot in addition to a principal residence.
      (2)   Such authorizations shall be considered similar to conditional use permits and the Planning Commission shall attach conditions to approval as it may deem necessary to assure minimization of adverse impact on neighboring properties.
   (B)   Application.
      (1)   Requests for a temporary mobile home permit must be submitted on a completed Planning Department application form which shall include the names and addresses, and telephone numbers of the property owner, the resident if different from the owner, the applicant if different from the owner or resident, the proposed occupant of the mobile home and their relationship to the resident, and the estimated period of time that the hardship will necessitate the use of the mobile home. Property information and a site plan will also be required.
      (2)   (a)   The applicant is also required to file with the permit application a written statement describing any infirmity, debility or other reason why the additional dwelling is necessary. Reasons for not utilizing the existing residence for such accommodation must be included.
         (b)   The applicant must arrange for a physician to submit a written statement detailing the medical necessity for such an accommodation and stating why the person with the handicap or infirmity is incapable of maintaining a separate residence.
      (3)   The hearings body may require the applicant to provide other such evidence deemed necessary for just consideration of the request.
   (C)   Expiration and reapplication.
      (1)   The temporary permit shall expire upon termination of the hardship or one year from the date of issuance, whichever comes first. Renewals of the permit will require reapplication two months prior to the expiration date.
      (2)   For reapplication or where the City Administrator has reason to believe the terms of the permit have been violated or there are other adverse impacts to the neighborhood, notice shall be sent to property owners as specified in § 151.027. If:
         (a)   Written objections are received;
         (b)   The City Administrator or the applicant so desire; or
         (c)   Three years have elapsed since the last hearing, the matter shall be scheduled for public hearing before the Planning Commission as a permit renewal and shall be considered a Type II procedure similar to that of a conditional use permit.
      (3)   The permits are not transferrable. If ownership of the property is transferred or the occupant changes, the permit is void. If the person who is the subject of the hardship relocates, the permit is void and a new application must be submitted for any new hardship or any new location.
      (4)   The mobile home must be removed within 30 days of the expiration of the permit.
   (D)   Standards and conditions.
      (1)   The person(s) residing in the additional dwelling shall be member(s) of the immediate family of the resident(s) of the permanent residence.
      (2)   There shall be no compensation involved in the hardship case.
      (3)   The mobile home shall:
         (a)   Meet the requirements of and be approved by the Building Department;
         (b)   Be connected to the public sewer and water systems as directed by the Director of Public Works and shall pay fees for such connections as required by city ordinance;
         (c)   Have a permanent electrical installation;
         (d)   Meet all setbacks and coverage requirements pertaining to the zone and shall be a minimum of six feet from the main building and all other buildings;
         (e)   Be manufactured after June 15, 1976, and exhibit the “State Department of Commerce Insignia of Compliance”;
         (f)   Not be structurally connected to the principal residence;
         (g)   Have skirting, as required by the Manufactured Home Ordinance No. 349; and
         (h)   The mobile home and accessory building foundations, pads and support blocking shall be sufficient strength to support the required live-loads and actual dead-loads imposed by the mobile home and any attached or supported structure based on accepted engineering design standards. Foundations, tie-downs or other supports shall be provided to withstand the specified horizontal, up-lift and overturning and wind forces on the mobile home and any attached or supported structures based on accepted engineering design standards.
   (E)   Permit to be a deed restriction. The requirements of this subchapter and any conditions imposed by the hearings body shall be recorded with the County Clerk and made a deed restriction. This shall be required prior to installation of the additional dwelling.
(Ord. 372, passed 12-8-1997)