District. In any residential zoning district (R1, R2, R3) the Board of Commissioners may grant a Temporary Use Permit for an individual mobile home as an accessory use on the same lot or on an immediately adjacent lot with an existing dwelling in the event of a custodial relationship, provided the following conditions are met:

1.

There is a direct custodial relationship (see definition) between the parties in the existing principal dwelling and the mobile home.

2.

All setback requirements of the zoning district have been satisfied.

3.

The mobile home is connected to a public sewer system or to a septic system constructed in compliance with the regulations of the county health department.

4.

The mobile home obtains its water from a public water supply or from a source approved by the county health department.

5.

The mobile home conforms to the regulations contained in Article I, Section 7.27 of this ordinance.

6.

The occupants of the mobile home and the occupants of the principal dwelling are listed on the permit.

7.

The mobile home shall be located on the same lot as the principal dwelling unit or be located on a lot immediately adjacent to the caretaker's dwelling.

8.

An advertisement is posted one week prior to the required public hearing in order for the public to have a chance to speak for or against the request and possibly bring up new information.

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9.

Minimum lot size requirement for both dwellings.

Outside Watershed. Total lot area shall equal no less than 20,000 square feet per dwelling unit (see Article I, Section 12.10).

Inside Watershed.

i.)

If the principal dwelling unit was built before Watershed Regulations were adopted (May 17, 1994), the unit is considered a legal nonconforming building. The new construction of a second dwelling unit (accessory dwelling unit) on a property would make it not single-family anymore. Only the accessory dwelling unit cannot exceed the built-upon area requirements because it is creating a non-single family lot.

Example: WS-II Drowning Creek Watershed—Requires one dwelling unit per acre and 12% built-upon area for all development other than single family residential.

Lot size = 1 acre (43,560 square feet).

Existing (before May 17, 1994) single family dwelling unit = 5,000 square feet.

43,560 sq. ft. − 5,000 sq. ft. = 38,560 sq. ft.

The maximum built upon area for other than single family residential construction is 12%.

38,560 sq. ft. × 0.12 = 5,784 sq. ft.

The proposed accessory dwelling unit can be up to 5,784 sq. ft.

ii.)

If the principal single family dwelling unit and the accessory dwelling unit are both built after May 17, 1994 then together they cannot exceed the built upon area requirements.

Example: WS-IV Tuckertown-Badin-Tillery Watershed—Requires one dwelling unit per 20,000 sq. ft. and 24% built-upon area for all development other than single family residential.

Lot size = 25,000 sq. ft.

24% × 25,000 sq. ft. = 6,000 square feet.

Existing (after May 17, 2007) or proposed single family dwelling unit = 5,000 square feet.

Proposed accessory dwelling unit = 3,000 square feet.

5,000 sq. ft. + 3,000 sq. ft. = 8,000 sq. ft.

The proposed built upon area is 2,000 square feet more than what is allowed.

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10.

Expiration of the permit is automatic should the mobile home not be used in accordance to the issued permit, including if the mobile home or principal dwelling occupants change.

11.

Once expiration of permit occurs and another permit is not granted within 30 days, the mobile home must be removed.

Time Limit. Any temporary use permit granted under the provisions of this section shall be limited in duration to a term of five years. Upon expiration of such five year period, the holder of the temporary use permit may make application and the Board of Commissioners may grant a temporary use period for a renewed term not to exceed five years. The Board of Commissioners may allow on a case by case basis for the Montgomery County Zoning Administrator to examine the case at the end of the five year period and if the approved custodial hardship still exists, the Zoning Administrator may reissue the temporary use permit for another five years. This process may continue for as long as the Board of Commissioners sees fit per case.

(Ord. of 12-18-2007(3))