§ 90-945. Location on individual lot in A-1 district.

In the A-1 general agricultural district, upon issuance of a special exception by the board of zoning appeals, a mobile home may be located on an individual lot for use as a dwelling subject to the following conditions:

(1)

Owner occupied. The mobile home must be occupied by the owner.

(2)

Single use or structure. The mobile home must be the only dwelling on the lot; no other main building shall be on the lot.

(3)

Development standards. The minimum lot area, minimum setback, minimum yard regulations and other detached single-family dwelling requirements of this chapter not in conflict with this section must be observed.

(4)

Public road frontage. The lot upon which the mobile home is placed must have frontage on an existing public road and must meet minimum lot frontage and lot width standards, provided that a mobile home may be placed on a lot which does not have frontage on an existing public road when a conventionally built residence may lawfully be constructed upon the lot.

(5)

Health. The mobile home must be connected to a water supply and to an individual septic tank-drainfield system which meet the standards of the county health department or to an approved public water and sewer system. In addition, all health and sanitary regulations of the county and the state departments of health must be observed.

(6)

Skirts. The area between the bottom of the walls of the mobile home and ground surface must be neatly skirted with material fabricated from metal, wood, concrete, masonry, rigid vinyl or fiberglass. Such skirts must be of one color which harmonizes with the color of the mobile home. Such skirts must be rattle-free and installed in a manner to accommodate frost heave.

(7)

Ground cover. All required yards around the mobile home must be covered with one or more of the following:

a.

Lawn grass;

b.

Natural shrubbery;

c.

Plants; or

d.

Trees.

(8)

Fuel tanks; outside storage. No fuel tank may be placed within view of a public road or an occupied dwelling. Outside storage of tangible personal property, currently licensed passenger cars exhibited, is prohibited.

(9)

Ingress and egress. No means of ingress and egress may be established to serve the mobile home until a permit therefor has been obtained from the state department of transportation. Points of ingress and egress must be established and maintained in accordance with the prevailing standards of the state department of transportation.

(10)

Use expiration. The special exception may be granted for a period of four years or less. The special exception may be renewed thereafter in single increments of four years or less. Within 30 days following expiration of the special exception, the mobile home and improvements installed in connection therewith must be removed from the premises, except utilities, driveways, well and septic tank and drainfield system.

(11)

Placement on lot. The mobile home may not be located, stored or placed on the lot until a zoning permit has been approved by the zoning administrator.

(12)

Occupancy. The mobile home may not be occupied until a certificate of occupancy has been issued by the zoning administrator. No such certificate may be issued until each and every condition set forth has been observed, provided that compliance with conditions set forth in subsection (7) of this section may be deferred until 90 days after issuance of the certificate of occupancy.

(13)

Reclassification. If the land upon which the mobile home is located is reclassified to a residential, business or industrial district, the mobile home must be removed from the land so reclassified within 12 months following the effective date of the reclassification.

(14)

Proximity to conventionally built dwelling. No mobile home may be placed within 500 feet of a conventionally built dwelling.

(15)

Transfer or assignment prohibited. A special exception granted under this article is neither transferable nor assignable.

(16)

Suspension of requirements. Certain requirements of this section may be suspended as follow:

a.

For good cause shown the board of zoning appeals may suspend the requirements of subsections (2), (6), (7), (8) and (14) of this section for a period not to exceed 12 months when the application thereof would circumvent the provisions of section 90-2.

b.

Upon submission with the application for a special exception of written certification from a physician licensed to practice in the state, the board of zoning appeals may suspend the requirements of subsections (1), (2) and (14) of this section for a period not to exceed four years for mobile homes proposed to be occupied by or for the sole benefit and care of:

1.

Senior citizens over 65 years of age, provided that for mobile homes occupied by senior citizens, no physician's certification is required;

2.

Physically handicapped persons with health impairments requiring close supervision and care from other persons; or

3.

Physically handicapped persons confined to a wheelchair.

Upon expiration of the initial period wherein subsections (1), (2) and (14) of this section are suspended, the zoning administrator may thereafter issue a zoning permit, for periods not in excess of 24 months, for the continued location and occupancy of such mobile homes by the persons named in subsection (16)b.1., (16)b.2., or (16)b.3. of this section when the qualifying conditions of the initial special exception are unchanged.

(Code 1988, § 17-375)

(Code 1988, § 17-375)