(A) Temporary Permit: A detached dependent housing unit, as defined in section 6-1-19, "Definitions", of this title, may be temporarily permitted in any single-family residential zone district, subject to an approved conditional use permit as an accessory use to any permitted single-family residential primary land use; provided, however, that there is only one primary residential land use occupying the site.
(B) Requirements:
1. Occupancy: The permittee shall occupy at least one of the dwelling units on the premises.
2. Application For Permit: Applications for a permit shall be made by a resident owner of the subject property, or his legal agent having power of attorney to make such application, on which the dependent housing unit is to be located.
3. Temporary Occupancy Permit: The applicant must obtain a temporary occupancy permit, pursuant to the provisions of section 6-2-10 of this title.
4. Letter Of Proof: Each year, prior to the anniversary of the approval, the applicant shall submit a letter from an attending physician stating that a medically related reason still exists for the dependent housing unit. If no such letter is submitted, or if no reason still exists for medical hardship, the temporary structure, and all appurtenances to it, shall be completely removed from the premises.
5. Notice Of Changes: The permittee shall submit written notification to the planning department of any proposed change of residency in the temporary dependent housing unit.
(C) Findings: Prior to acting upon an application for a conditional use permit for a temporary dependent housing unit, the planning commission shall find that all of the following are true:
1. Adequate Site: The site for the proposed use is adequate in size and shape to accommodate said use and all yards, building coverage, setbacks, parking areas and other requirements of this title are met.
2. Subordinate To Principal Unit: The proposed temporary dependent housing unit is clearly subordinate in size, location and appearance to the principal unit.
3. Not Detrimental: Issuance of the permit shall not be significantly detrimental to the public health, safety or welfare or injurious to property or improvements in the general vicinity in which the land use is located.
4. Constructed For Removal: The temporary dependent housing unit shall be erected, constructed or installed so as to allow for its feasible removal.
5. Compatibility: The appearance of the temporary dependent housing unit and the method of siting are compatible with the surrounding environment.
(D) Conditions:
1. Permitted Structural Types: Units constructed to meet the standards of the national mobilehome and safety standards act of 1974 1 .
2. Floor Area: The floor area of the dependent (temporary) unit shall not exceed fifty percent (50%) of the floor area of the existing principal dwelling unit; however, in no case may the temporary dependent unit exceed eight hundred fifty (850) square feet in floor area.
3. Design Standards: The appearance of any temporary dependent housing unit erected, constructed or set down in accordance with the provisions of this section shall be similar to and compatible with the appearance of the principal residence on the property.
4. Parking: Parking for the temporary dependent housing unit shall be in accordance with the applicable requirements of this title, unless the residents of the temporary dependent housing unit are incapable of operating a motor vehicle.
5. Location And Occupancy: The temporary depended housing unit shall not extend beyond the principal residence where such principal residence faces a street right of way. The existing principal residence on the property shall be occupied by the owner of the property.
6. Lot Area: A temporary dependent housing unit shall not be permitted on any parcel which does not meet the minimum area requirements of the zone district in which it is located.
7. Development Standards: The dependent unit shall comply with the development standards for the zone district in which it is to be located.
8. Removal Of Unit: As a condition of permit approval, the permittee shall enter into an agreement with the City, placing responsibility upon the permittee to comply with the provisions of this section, describing the method of removal of the temporary dependent housing unit when the permit is no longer valid, and acknowledging that the permittee shall bear the cost of removal of such unit. (Ord. 768-08, 8-19-2008)
Notes
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