A. Purpose: Temporary hardship uses allow for the placement and use of a temporary dwelling for a dependent person's use on a single lot that has an existing, primary single-family dwelling.
B. Permit Required: Temporary hardship uses may be established only upon the issuance of a temporary hardship use permit by the Director. The dependent person noted in the permit shall be the primary occupant of the temporary dwelling authorized by the permit.
C. Restrictions:
1. The applicant must be a holder of an interest in the property on which the temporary dwelling is to be located. The applicant shall also be a relative of the dependent person that will be occupying the temporary dwelling.
2. The parcel on which the primary single-family residence exists and on which the temporary dwelling is to be permitted shall be a minimum of one acre. No more than one temporary dwelling shall be permitted per parcel.
3. The dependent person named in the application shall be the occupant of the temporary dwelling. When a dependent person no longer occupies the permitted dwelling, the permit shall become null and void and the temporary dwelling shall be removed from the site.
4. A Class A or Class B manufactured home may be used as the temporary dwelling. A manufactured home setting permit shall also be obtained from the department prior to placing the housing unit on the site, and an occupancy permit shall be received from the department before the manufactured home may be occupied by the dependent person named in the permit.
5. Structures which are to be used as the temporary dwelling, other than manufactured homes, shall meet the applicable standards set forth in the International Residential Code for a single-family dwelling. A building permit and occupancy permit shall be received from the department before the structure may be occupied by the dependent person named in the permit.
6. The temporary dwelling shall be connected to an approved sewage disposal system. Utility and service connections of any type shall be in accordance with the applicable utility or service provider's requirements.
7. A temporary hardship use permit shall not be issued if covenants or plat dedications of the site restrict such use.
8. A temporary hardship use permit shall be renewed every two (2) years unless otherwise released. It shall be the responsibility of the permit holder to seek renewal of the permit.
9. A temporary hardship use permit is not transferable and shall terminate upon the sale or lease of the property on which the use is located.
D. Application Requirements: An application for a temporary hardship use permit shall include the following information:
1. Name, address, and telephone number of the applicant.
2. Name of the dependent person and his relationship to the applicant.
3. A written certification of dependency from a licensed physician which states that the dependent person lacks the capacity to live independently.
4. A copy of the deed, or contract for sale, of the property on which the temporary dwelling will be located.
5. A statement signed by the applicant that the temporary hardship use is not in conflict with restrictive covenants or plat dedications of the property.
6. A letter from Panhandle Health District that the sewage disposal system for the temporary dwelling meets with their approval.
7. Fees, as adopted by resolution of the Board.
E. Approval Procedures:
1. The procedure for approval of a temporary hardship use permit shall be as set forth in section 8.8.204 of this title.
2. If the Director approves the permit, a temporary hardship use permit shall be issued to the applicant and shall note the dependent person who will occupy the permitted temporary dwelling. The permit shall also provide the following information:
a. The date the permit must be renewed, if the dependent person's status remains the same as it did at the time of issuance of the permit.
b. A statement that the temporary dwelling unit shall be removed from the lot when the dependent person ceases to occupy it.
c. A statement that failure to renew the permit by the stated date, or failure to notify the Director when the dependent person ceases to occupy the temporary dwelling, will be considered a violation of the permit subject to enforcement action as set forth in chapter 8, article 8.6 of this title.
d. A statement that the applicant must obtain the applicable building and occupancy permits before the dependent person can occupy the dwelling.
F. Recordation Of Notice Of Use: It shall be the responsibility of the Director to ensure that notice of an approved temporary hardship use is recorded with the Office of the County Recorder. The notice shall include:
1. The applicant's name and address;
2. A legal description of the property on which the temporary use will be located;
3. A statement that a temporary dwelling has been permitted under the terms of a temporary hardship use permit and that the temporary dwelling is for the occupancy of a dependent person; and
4. A statement that the temporary use shall be discontinued upon the sale or lease of the property, or when the dependent person ceases to occupy the temporary dwelling.
G. Recordation Of Release: It shall be the responsibility of the Director to record a release of a previously recorded notice of temporary hardship use with the Office of the County Recorder upon termination of a temporary hardship use permit. A copy of the recorded release shall be sent to the property owner.
H. Appeals: The decision of the Director to grant or deny a temporary hardship use permit may be appealed to the Board in accordance with chapter 8, article 8.5 of this title. (Ord. 493, 6-9-2016)