§ 153.053  TEMPORARY STRUCTURES AND USES.
   Temporary structures and uses, when in compliance with all applicable provisions of this chapter and all other ordinances of the city shall be allowed. The following temporary structures and uses shall be permitted.
   (A)   Construction trailers used in connection with construction projects shall not require special use or temporary use permits provided that the following conditions are met:
      (1)   The construction trailers shall be located on a building site only upon receipt of a valid building permit for the construction project;
      (2)   The construction trailers may remain on a construction site as long as there is a valid building permit for the construction project; and
      (3)   All construction trailers shall be located off all street rights-of-way.
   (B)   (1)   Carnivals, circuses, tent assemblies, and similar commercial and charitable uses not otherwise listed as a permitted or conditional use in the district in which they are located and which are of limited time duration and which do not involve the use of any permanent structures and which are located less than 200 feet from residential land uses located in residential zoning districts may be permitted upon the authorization of the Board of Adjustment and subsequent issuance of a permit by the Administrator. The Board of Adjustment, in approving the use, may authorize conditions regarding duration of the use, hours of operation, signage, lighting and the like, and these conditions shall be made part of the permit issued by the Administrator.
      (2)   Carnivals, circuses, tent assemblies, and similar commercial and charitable uses not otherwise listed as a permitted or conditional use in the district in which they are located and which are of limited time duration and which do not involve the use of any permanent, structures and are located 200 feet or more from residential land uses located in residential zoning districts may be permitted upon the authorization of the Zoning Administrator. The Zoning Administrator, in approving the use, may authorize conditions regarding duration of the use, hours, of operation, signage, lighting and the like, and these conditions shall be made part of the permit issued by the Administrator.
   (C)   In the event of a disaster, the result of which would require the rebuilding of a dwelling, the owner and his or her family may occupy a manufactured home on the property. The permit granted by the Administrator, shall be for a six-month period and may be renewed by the Board of Adjustment provided that construction has proceeded in a diligent manner.
   (D)   Structures, whether temporary or permanent, located in a subdivision, and used as sales offices for the subdivision development are permitted. The permits shall be issued by the Board of Adjustment for a period of one year, and are renewable for a period of time to be determined by the Board of Adjustment, provided the development is being actively marketed. At the completion of the sales in a tract or upon expiration of the permit, whichever occurs first, the temporary structure(s) shall be removed, and any permanent structure(s), temporarily used as a sales office shall be used only for a purpose otherwise permitted in that district.
   (E)   (1)   In any Residential (R) District a temporary conditional use permit (CUP) may be granted by the Board of Adjustment for not more than one manufactured home to be placed on a residential lot as an accessory use. The permit shall only be granted where conditions exist requiring care for an immediate family member due to medical reasons.
      (2)   The CUP shall be granted only after the Board of Adjustment has made all of the following findings:
         (a)   The manufactured home is an accessory use to a principal residential use;
         (b)   The manufactured home will be placed on the lot on a temporary basis;
         (c)   There exists a medically related need for the proximate care of an immediate family member. This finding must be substantiated by a certificate of need from a medical doctor and other evidence the Board of Adjustment may desire. As used herein, PROXIMATE CARE shall mean the same level of care that would normally necessitate living in the same dwelling as the care provider or in a domiciliary care facility, such as care in the basic day-to-day living needs, (e.g., feeding, bathing, and other functions);
         (d)   The person(s) responsible for providing the care will live in either the principal dwelling or the manufactured home and that the person(s) needing the care shall live in the structure not occupied by the person(s) providing the care;
         (e)   There exists sufficient reason(s) justifying separate quarters and the reasons shall be limited to either contagious disease, serious illness, or lack of adequate space within the principal dwelling;
         (f)   The person(s) in need of care is an immediate family member of the person(s) to be responsible for providing the care;
         (g)   The manufactured home will have adequate access to public water and sewer or a well and septic tank as verified by permits from the County Health Department;
         (h)   The manufactured home will be placed in the rear yard and will be no closer than 20 feet from any property line or, if it is not feasible to locate the manufactured home in the rear yard, that the manufactured home will be located in the non-required side yard behind the front building line of the principal dwelling and no closer than 20 feet from the principal dwelling; and
         (i)   The granting of the CUP will not materially endanger the public health, safety, and welfare.
      (3)   The following additional requirements shall be applicable:
         (a)   The CUP shall be valid for one year after issuance or for shorter period as specified by the Board of Adjustment, however, no CUP shall be valid beyond 30 days after any of reason(s) justifying the CUP cease to exist.
         (b)   The CUP may be renewed prior to the expiration date. The applicant must submit an application to the Zoning Administrator outlining the conditions and if any changes have been made. If the Zoning Administrator determines that the CUP is still valid as originally approved by the Board of Adjustment it will be renewed for one additional year. If the Zoning Administrator feels that conditions have changed and the CUP is no longer valid, the matter will be forwarded to the Board of Adjustment for a determination. The Board of Adjustment, after a public hearing, can either renew or rescind the permit.
         (c)   The permit is granted to a particular owner on the basis of circumstances peculiar to that owner and it shall not remain in effect in the event of a change of ownership of any land, structure, use or other item covered by the CUP.
         (d)   When granting the CUP, the Board of Adjustment may impose reasonable conditions, restrictions and safeguards as considered necessary to protect the public health, safety, and general welfare in accordance with the purpose and intent of this chapter. Violation of these conditions, restrictions and safeguards shall be deemed a violation of this chapter.
(Prior UDO, § 5.9)  (Ord. ZTA-3-08, passed 11-18-2008; Ord. ZTA-1-2011, passed 5-5-2011; Ord. O-02-18, passed 4-5-2018)  Penalty, see § 153.999