§ 12.1. Temporary uses—Residential.

Notwithstanding any other provision herein, a temporary nonconforming dwelling use permit ("temporary use permit") may be granted for humanitarian and compassionate reasons when it appears to the satisfaction of the zoning administrator that the need exists to allow a temporary nonconforming dwelling use.

12.1.1.  Criteria. The following shall be determinative of the necessity, duration, and extent of the temporary nonconforming dwelling use:

A.

The duration of the permit authorized pursuant to this section shall be for one year with authority vested in the zoning administrator to grant annual extensions only upon careful review and confirmation that the original extenuating circumstances still exist.

B.

The issuance of the temporary use permit must be in the best interests of the community welfare.

C.

The temporary use permit may be issued only for the temporary use of a manufactured/mobile home for residential purposes in zoning districts that do not otherwise permit manufactured/mobile homes; provided, however, that no manufactured/mobile homes shall be permitted in zoning districts classified as R1, single-family residential. Any manufactured/mobile home placed for use as a temporary nonconforming dwelling use must be set up so that it can be easily removed at the termination of the extenuating conditions for which the permit is issued or upon expiration of the period of time for which the permit was issued.

D.

The person to whom the temporary use permit is issued must be a resident or occupant of that property which is the subject of the permit and the nonconforming dwelling must be occupied by a relative (by blood or marriage) to the person to whom the permit is issued; provided, however, that if a permit is requested by someone other than the landowner or occupant, such applicant for the permit must be a relative (by blood or marriage) to the landowner or occupant.

12.1.2.  Required documentations.

A.

The applicant for a temporary use permit must provide the zoning administrator, upon request, documentation of the circumstances necessitating an applicant's request for a temporary use permit, including, but not limited to, certified statements of attending physicians or appropriate legal documentation.

B.

Prior to the issuance of a temporary use permit, the zoning administrator shall use all reasonable efforts to obtain written comment of all abutting landowners of the property for which a permit is issued and such comment shall be considered by the zoning administrator in his or her decision to grant or deny the application for a temporary use permit.

12.1.3.  Lot requirements.

A.

Minimum lot size. The minimum lot size on which a temporary nonconforming dwelling use will be permitted shall be 10,000 square feet. Any proposed dwelling installation shall also meet health department prescribed standards and if the property on which the temporary nonconforming dwelling use will be permitted is not serviced with public water and sewer, the minimum lot size as stated herein shall not be applicable, but shall be determined by the health department.

B.

Setbacks. Any temporary dwelling must meet the setback requirements for the applicable zoning classification for the property on which the temporary dwelling is placed.

C.

Minimum separation. Minimum separation between the primary structure and temporary dwelling shall be a minimum of ten feet.

12.1.4.  Zoning administration review.

A.

Application procedure and approval. The procedure for the application for a temporary use permit, and the granting or revocation of such permit, shall be at the discretion of the zoning administrator. The zoning administrator may cause to be attached to any temporary use permit any condition or conditions regarding the location, character, or other features of the proposed building, structure, or use, even though not specifically enumerated herein, as may be deemed necessary and reasonable by the zoning administrator. Such conditions may be imposed by the zoning administrator in order to protect the established property values in the surrounding area, or in order to promote the public health, safety, or general welfare.

B.

Permit termination. The zoning administrator may at any time terminate the authorization at the request of the initiating applicant whereupon his or her finding that the extenuating circumstances for which the temporary use permit was issued no longer exist. Any temporary accommodations, dwellings, or structures, together with any associated services, shall be removed from the premises within 30 days after mailing of notice of termination of the temporary use permit to the property address and at the expense of the landowner, occupant(s) and original applicant.

12.1.5.  Appeal of zoning administrator decision. The granting or denial, in part or in whole, of a temporary use permit by the zoning administrator may be appealed by the applicant or any party in interest to the Berkeley County Zoning Board of Appeals.

12.1.6.  Other temporary uses. All other temporary uses not otherwise listed may be granted a temporary use permit for a time period to be specified by and only after the zoning administrator has made the following determinations:

A.

The proposed use shall not materially endanger public health, welfare and safety;

B.

The proposed use shall not have a substantiated negative effect on adjoining properties; and sections 12.1.4 and 12.1.5 above apply in any instance in which the zoning administrator may consider other temporary uses that may be allowed within this section.

(Ord. No. 04-11-68, 11-23-2004)