§ 3-003. Accessory housing for family care.

(a)

Authorization and zoning districts permitted. An accessory manufactured home may be authorized by the public development department to be placed and occupied on a lot with a dwelling zoned PCFD or A-2 where such accessory housing is needed for family care, in accordance with the requirements of this section.

(b)

Definitions. The following terms used in this section are hereby defined:

Bona fide medical hardship: A physical or mental health condition that necessitates family care of such intensity or continuous duration that the person with the condition and the family providing the care must live in close proximity, either in the same dwelling or on the same lot.

Family care: Watchful oversight and individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing and toileting, provided by a family or family member to a relative.

Primary dwelling: A habitable and occupied dwelling that exists on the property where the manufactured home is to be located.

Relative: A person related by blood, marriage or adoption, but extending in lineage no more than two generations (grandparent or grandchild) or laterally no farther than sibling, niece or nephew.

(c)

Owner must occupy the property. The owner of the lot on which the primary dwelling and the accessory manufactured home are located must occupy either the primary dwelling or the accessory manufactured home as their principal place of residence.

(d)

Relationship between the person with the medical hardship and the owner. The person with the medical hardship for whom family care is needed must be the owner/occupant or a relative of the owner/occupant of the lot. If the person with the medical hardship is the owner/occupant of the lot, he or she must be a relative of the occupant of the other dwelling on the lot.

(e)

Compliance of lot and principal dwelling. The lot with a dwelling on which the accessory manufactured home is to be placed and the primary dwelling must comply with all applicable rules and regulations of the county. If the development on the lot on which the accessory manufactured home is to be placed or the primary dwelling is not in compliance with all applicable rules and regulations of the county, such nonconformity must be rectified before an accessory manufactured home for family care can be placed on the lot.

(f)

Building floor area limit. The building floor area of the accessory manufactured home shall not exceed the building floor area of the principal dwelling on the lot.

(g)

Location on the lot. The accessory manufactured home may be located only in rear or in side yards.

(h)

Setbacks. The accessory manufactured home shall comply with side and rear principal building setback requirements as established for the zoning district in which the lot is located.

(i)

Water and septic connections. The accessory manufactured home must be connected to a potable water supply, and an on-site sewage disposal system (e.g., septic tank) approved by the Jackson County Environmental Health Department.

(j)

Installation requirements. The accessory manufactured home shall be installed in accordance with applicable building and other code requirements.

(k)

Application. An application for an accessory manufactured home for family care can be requested at any time during the year and shall be filed with the county public development department in accordance with application requirements specified by this section. Applications are administratively decided by the public development department in accordance with the requirements of this section.

(l)

Application requirements. An application for accessory manufactured home shall at minimum meet the following requirements:

1.

A letter of intent from the property owner, identifying the person for whom the principal dwelling or the accessory manufactured home is proposed to be occupied, and the relation of that person to the property owner. The letter of intent shall also describe generally the medical hardship involved.

2.

A site plan, showing the proposed location of the accessory manufactured home in relation to the lot lines and the principal dwelling. A tax map showing property boundaries, the existing principal dwelling, and the proposed location of the accessory manufactured home may be accepted by the department.

3.

A description of the existing principal dwelling on the lot, including building floor area and number of bedrooms, as well as an analysis as to why the principal dwelling is not large enough or is otherwise unfit to serve the medical hardship.

4.

A letter from the Jackson County Health Department or a physician that the person for whom family care is proposed has a bona fide medical hardship as defined in this section. The physician's letter must indicate that the person with the medical hardship is a patient of the physician and under that physician's continuing care, and the letter must be dated within the same calendar year that the request for approval is made.

5.

Additional information as determined by the public development department to be necessary to ensure compliance with this section.

(m)

Action on application. The department of public development shall have 30 calendar days from receipt of a complete application to evaluate the application for compliance with the requirements of this section and to make a decision on the application. If the application meets the requirements of this section, the department shall approve the application, subject to any conditions as may be necessary to mitigate adverse impacts on adjacent or nearby property. If the application fails to meet the standards, it shall be denied. The applicant shall be notified in writing by the department of the decision on the application. An administrative decision of the department on the application may be appealed in accordance with the provisions of this UDC for appeals of administrative decisions.

(n)

Renewal. Approval of an application for accessory manufactured home as authorized in this section may be renewed annually, but such renewal must be accomplished on or before March 31 of the calendar year during which renewal is requested. Any request to renew the approval shall be accompanied by a letter from the physician of the person with the medical hardship stating that the person with medical hardship remains under their continuing care and that the medical hardship requiring the use of a manufactured home for the health care of the person continues to exist. Said physician's letter must be dated within the same calendar year that the request for renewal is made. Renewal shall be granted administratively by the public development department upon its finding that the conditions warranting the original approval continue to exist, and that the lot, the primary dwelling, the manufactured home and the occupants continue to comply with all requirements of this section. If such compliance is not found, the application for renewal shall be denied.

(o)

Removal. The accessory manufactured home for family care must be removed from the property within 30 days after the need for such housing no longer exists, or after the lot, the primary dwelling, the manufactured home or the occupants are no longer in compliance with all requirements of this section.

(Ord. No. 17-003 , § 1, 10-2-2017)