Mobile homes, trailers, and other transportable facilities may be used for dwelling purposes when neither within a trailer park nor offered for rental or lease as follows:
(a) The owner of a lot in the R-A, R-E, R-O, R-1, R-2, or R-3 Zones may use a mobile home as his temporary dwelling unit for six (6) months during the construction of a residence for which a building permit is in full force and effect. Occupancy of such mobile home shall be discontinued.within thirty (30) days after the notice of completion is recorded or the constructed residence is occupied.
(b) Notwithstanding any other provision of this chapter, the owner of a lot in the R-A, R-E, R-2, or R-3 Zones occupying his mobile home on his lot as his dwelling unit on January 12, 1965, may continue such occupancy for the remainder of his lifetime, after which time a mobile home may be maintained on such property only if a special use permit has been obtained in the manner set forth in Article 28 of this chapter. After obtaining such permit such use may continue if it conforms to every term and condition of the permit and applicable laws of the City and State. If such lot is transferred or if the use of such property for mobile home purposes is abandoned for a period of one year or more, the property may thereafter be used for mobile home purposes only after obtaining a special use permit in the manner set forth in Article 28 of this chapter.
(c) Notwithstanding any other provision of this chapter, the owner of a lot in the R-1 or R-O Zones occupying his mobile home on his lot as his dwelling unit on January 12, 1965, may continue such occupancy for the remainder of his lifetime, after which time a mobile home may be maintained on such property only if a variance has been obtained in the manner set forth in Article 28 of this chapter. After obtaining such variance such use may continue if it conforms to every term and condition of the permit and applicable laws of the City and State. If such lot is transferred or if the use of such property for mobile home purposes is abandoned for a period of one year or more, the property may thereafter be used for mobile home purposes only after obtaining a variance, in the manner set forth in Article 28 of this chapter.
(d) Except as provided in subsection (e) of this section, no temporary structure or trailer or vehicle shall be used for any temporary or permanent dwelling unit or office or for any commercial or industrial purpose in the commercial or industrial zones without qualifying as a permanent building in accordance with the currently adopted Building Code.
(e) In the commercial and industrial zones, temporary structures and trailers for a construction office, supplies, and/or a dwelling unit for security guard purposes may be placed on the property of a construction project during the time of construction and for sixty (60) days thereafter.
(f) The owner of a lot in a residential zone may occupy a mobile home, trailer or other transportable facility as an emergency dwelling if the permanent home on that lot is either destroyed or declared uninhabitable by the Building Official due to a physical disaster (e.g. fire, flood or earthquake) subject to the following:
(1) The landowner shall obtain an emergency dwelling permit from the Community Development Department.
(2) The emergency dwelling shall be located on the same parcel as the permanent home and occupied by the landowner and the members of his/her household.
(3) The emergency dwelling shall be suitable for human habitation and connected to water, wastewater and electric utilities in conformance with all required plumbing and electric codes.
(4) The location of the emergency dwelling on the property shall be subject to Community Development Department approval. Notwithstanding the regulations in Section 9-4.2503 of this Title concerning setbacks for vehicle parking and storage, a transportable facility used as an emergency dwelling may be placed within the required setbacks, if necessary.
(5) The owner must have approved building permits within six (6) months of issuance of the permit provided for in this subsection (f)(1). The Community Development Director or designee may grant up to two (2) thirty-day (30-day) extensions to receive approved building permits.
(6) Occupancy of such emergency dwelling shall be discontinued within thirty (30) days after the permanent home is reconstructed or repaired and available for occupancy, but not more than twelve(12) months after the date that the emergency dwelling permit was issued. The landowner may request an extension of time for an additional six (6) months and an extension may be approved if the Building Official determines that construction or repair of the permanent home has been taking place with necessary permits and is being diligently pursued toward completion.
(§ 8160.8, T.O.O.C., as amended by § 1, Ord. 232, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, and as amended by § 1, Ord. 219-NS, eff. August 19, 1971; and as amended by § 1, Ord. 1465-NS, eff. June 27, 2006; and as amended by § 3, Ord. 1466-NS, eff. August 11, 2006)