(A) A TEMPORARY SECOND RESIDENCE is a home that is located on the same lot as the primary dwelling and shall not be rented to anyone excepting a person(s) approved under a(CUP) conditional use permit or (TUP) temporary use permit and shall not be sold as a separate lot. A temporary second residence(CUP) conditional use permit or (TUP) temporary use permit is only allowed under three specific scenarios:
(1) A temporary second residence may be allowed for a medical hardship as a CUP in the appropriate zoning districts, if the following conditions can be met:
(a) Must have at least 40 acres;
(b) Only allowed one additional residence and must currently have only one residence on the property;
(c) Annual review will be done each year by the Planning and Zoning Department;
(d) Sufficient proof of medical hardship shall be provided to the Planning and Zoning Department; and
(e) The person that is obtaining hardship must be listed specifically in the conditions of the CUP.
(2) A temporary second residence may be allowed for a hired hand as a CUP in the appropriate zoning districts, if the following conditions can be met:
(a) Must have at least 160 acres;
(b) Only allowed one additional residence and must currently have only one residence on property;
(c) Annual review will be done each year by the Planning and Zoning Department;
(d) Sufficient proof of hired hand employment shall be provided to the Planning and Zoning Department; and
(e) The person that is obtaining hired hand housing must be listed specifically in the conditions of the CUP.
(3) A temporary second residence may be allowed for a person(s) for the purpose of building a new home on an existing lot while still living in the existing home in appropriate zoning districts, if the following conditions can be met:
(a) Must be a compliant lot within the existing zoning district;
(b) Only allowed one additional residence and must currently have only one residence on property;
(c) Twenty-four month construction time, six-month removal of additional residence once occupancy permit is issued;
(d) Review will be done every six months until such time the original conditions have been met by the Planning and Zoning Department;
(e) Issuance of a temporary use permit by the County Commissioners;
(f) Bonding may be required to ensure that removal of original dwelling is completed within the specified time limits, and in a manner consistent with the approved plan.
(B) Prior to the issuance of a building permit for a temporary second residence, the applicant shall record a deed restriction stating the regulations applicable to the temporary second residence.
(C) If the County Planning Director finds that at any time that the terms, conditions, or requirements of the conditional use permit have not been complied with, or that any phase thereof has not been completed within the time required under the permit or any amendment thereto, the Director shall report this fact to the permittee, landowner, and/or operator, and the County Commission. The County Commission may, after conducting a public hearing, of which the permittee, landowner, and/or operator shall be notified, revoke the conditional use permit for failure to comply with the terms, conditions, or requirements of the permit. (See § II-19.013 or II-10.007.)
(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 13; Ord. 24-03, passed 4-9-2024)