§ 58-14. Temporary structures and uses requiring a temporary conditional use permit.

(a)

In either the R-CD, R-40, R-60 or R-80 residential districts, a temporary conditional use permit may be granted by the town council for not more than one mobile home to be placed on a residential lot as an accessory use when conditions exist of the need to care for an immediate family member due to medical reasons. The conditional use permit shall be granted only after the town council has made all of the following findings:

(1)

That the mobile home is an accessory use to the principal residential use;

(2)

That the mobile home will be placed on the lot on a temporary basis;

(3)

That there exists a medically related need for the proximate care of an immediate family member (this finding must be substantiated by a certification of need from a medical doctor and other evidence the town council may desire);

(4)

That the person responsible for providing the care will live in either the principal dwelling or the mobile home and that the person needing the care shall live in the structure not occupied by the person providing the care;

(5)

That there exist sufficient reasons justifying separate quarters and such reasons shall be limited to either contagious disease, serious illness, or lack of adequate space within the principal dwelling;

(6)

That the person in need of care is an immediate family member of the person to be responsible for providing care;

(7)

That the mobile home will have adequate access to a well and septic tank as verified by permits from the county health department;

(8)

That the mobile 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 mobile home in the rear yard, that the mobile home will be located in the nonrequired side yard behind the building line of the principal dwelling; and

(9)

That the granting of the CUP will not materially endanger the public health, safety and welfare.

(b)

In addition to the requirements of subsection (a) of this section, the following shall apply:

(1)

The CUP shall be valid for one year after the issuance or for shorter periods as specified by the town council, however, no such CUP shall be valid beyond 30 days after any of the reasons justifying the CUP cease to exist.

(2)

The CUP may be renewed prior to the expiration date with proper application to and approval by the town council when the hardship warranting the original permit remains and is verified.

(3)

Such 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.

(4)

When granting the CUP, the town council may impose reasonable conditions, restrictions, and safeguards as considered necessary to protect the public health, safety and general welfare in accordance with the purpose or intent of this chapter. Violation of these conditions, restrictions and safeguards shall be considered a violation of this chapter.

(c)

In the event of overcrowded permanent facilities, a temporary CUP may be issued by the town council to any school or church using, at the time of the application, permanent buildings for one or more mobile classrooms, pending construction of additional permanent facilities. The CUP shall be issued for a period of up to one year and may be renewed by the town council for subsequent periods of one year. Any mobile classroom permitted pursuant to this subsequent renewal shall be constructed pursuant to the state building code.

(Ord. No. 87-04-08, § 4.7A, 4-8-1987)