§ 134-38. Temporary mobile home occupancy and land use permit.

(a)

In all classifications there may be established a use for the temporary location of a mobile home or a temporary land use only upon issuance of a temporary land use permit, which may be issued by the board of commissioners upon the following conditions:

(1)

Application for a use permit shall be filed and shall meet all the requirements of an application for zoning as provided by this chapter. Such application shall have attached thereto a separate statement of the applicant that he recognizes that the use permit, if granted, is for a temporary time only and that the applicant shall cause the removal of the mobile home or the removal of all personalty on the termination of the use permit, or upon the applicant's failure to do so irrevocably grants the board of commissioners the right to remove the mobile home or personalty from the premises at the expense of the applicant, for which the applicant agrees to pay.

(2)

A mobile home may be parked and occupied in a residential area on property with a minimum of two acres, and not part of a recorded subdivision and where a medical hardship exists. In those instances where a medical hardship has been granted within a recorded subdivision the occupant will have a period of three years from July 1, 1997, to relocate. The board of commissioners has determined that no new applications for medical hardships will be accepted after July 1, 1997, on property less than two acres or within recorded subdivisions. For purposes of this section, the term "medical hardship" is defined as a person whose health or mental condition necessitates attention and supervision from the occupants of the dwelling located on the lot on which it is desired to have the mobile home parked and occupied. In no case shall such a use be allowed unless it is shown by the county health department or by other appropriate medical evidence that the person to occupy the mobile home falls within the provisions of this subsection and unless it is satisfactorily shown that the dwelling on the premises does not contain sufficient facilities to accommodate the proposed occupant of the mobile home. In addition, the application shall contain an affidavit or certified statement of a physician showing that present facilities are inadequate and stating that a hardship condition requiring the use of a mobile home for the health care of a member of the immediate family of the occupant of the premises exists.

(b)

The board of commissioners may permit the following:

(1)

A mobile home may be parked and occupied in all residential or commercial districts where a building permit has been applied for and obtained from the proper department of the county for the construction of either a home or a place of business.

(2)

A mobile home may be parked and occupied in any residential area where a medical hardship exists. For purposes of this section, the term "medical hardship" is defined as a person whose health or mental condition necessitates attention and supervision from the occupants of the dwelling located on the lot on which it is desired to have the mobile home parked and occupied. In no case shall such a use be allowed unless it is shown by the county health department or by other appropriate medical evidence that the person to occupy the mobile home falls within the provisions of this subsection and unless it is satisfactorily shown that the dwelling on the premises does not contain sufficient facilities to accommodate the proposed occupant of the mobile home. In addition, the application shall contain an affidavit or certified statement of a physician showing that present facilities are inadequate and stating that a hardship condition requiring the use of a mobile home for the health care of a member of the immediate family of the occupant of the premises exists.

(3)

A mobile home may be parked and occupied in any commercial or industrial district where a building permit has been applied for and where its primary function is that of an office or for storage or related purposes.

(4)

A mobile home may be parked and occupied in any district on property owned or leased by a church, chapel, temple, synagogue, other places of worship or a school for a period not to exceed 12 months where its primary function is that of an office or classroom or for storage or related purposes. Any new application for a land use permit after the adoption date of this amendment may only be renewed up to four times for a total period of five years. Land use permits that have been in existence for three years or longer, prior to the adoption date of this amendment, shall be allowed to apply for a maximum of three additional one-year renewals. Land use permits that have been in existence for less than three years from the adoption date of this amendment, shall be allowed to apply for subsequent one-year renewals for a period up to, but not exceed a total of six years from the date the original land use permit was granted. Not more than one mobile home for each two acres of vacant land may be located thereon.

(5)

In all residential classifications the division manager of zoning may grant a use permit for the temporary use of one of the homes or for the parking of a mobile home to be used as a real estate sales office for sale of the lots for new homes built and developed within the boundaries of the development, provided that final plans have been approved therefor by all county authorities. The specific location of the mobile home shall be subject to the approval of the division manager of zoning.

(6)

In all classifications, the board of commissioners may grant a temporary use permit for the use of the land itself under the same ordinance governing mobile home use.

In all instances where an application for a mobile home permit has been applied for, the board of commissioners shall take into consideration the need for such permit, the aesthetic effect that it may have on the neighborhood, and the location on the property of the mobile home, and may in its discretion grant or refuse a permit, and the grant or refusal shall not be mandatory, but in all instances shall be permissible depending on the finding of the board of commissioners as to the conditions stated in this section and any other lawful criteria.

(c)

Any person violating the terms of this section, either without obtaining a permit or for causing a mobile home to be parked or occupied for a period in excess of that granted by the board of commissioners, shall be deemed to have violated this section and be subject to all remedies provided under the ordinances of the county.

(d)

For purposes of this section only, the term "mobile home" is defined to include both mobile structures designed to function as residences and mobile structures designed to function as classrooms, offices and storage buildings.

(e)

Any violation of this section or the cessation of the need for a use permit shall be grounds for revocation of such permit by the board of commissioners in addition to all other remedies provided by law.

(Ord. of 12-11-90, § 3-28-10.3; Ord. of 6-24-97 (eff. 7-1-97); Ord. of 11-23-99)