The council of the city of Oroville may grant a variance to the provisions of this chapter to allow the temporary placement of a mobilehome on a parcel to meet the special need identified in subsection G of this section. Application for this variance shall be made by petition directly to the city council accompanied by a nonrefundable fee of twenty-five dollars, and a drawing to scale showing the subject parcel and locating of existing buildings, utilities, streets, and the proposed mobilehome. Upon receipt of such petition, the council shall set same for public hearing and shall advertise notice of such hearing pursuant to Section 26-103 of this chapter. The petition shall also be referred to the building, fire, and planning departments for review and comment.

Variances issued by the council under the provisions of this section shall be subject to the following conditions:

A. Setbacks. The placement of the mobilehome shall be accomplished without violating the setback requirement imposed by this chapter.

B. Front Yard. The mobilehome shall not be placed between the street right-of-way line and the permanent structure on the parcel.

C. Single Family Use Required / Density Limitations. Placement of the mobilehome on the parcel shall be in conjunction with a single family use and not result in the violation of density standards by zone.

MINIMUM LOT AREA TO ALLOW PLACEMENT OF MOBILEHOME UNIT BY ZONE:

2 acres A-R, H-R

30,000 square feet S-R, RMH-S

12,000 square feet RMH-1

10,000 square feet R-1, R-2, R-2-M, R-3, R-P

D. Skirting Required. The mobilehome shall be skirted.

E. Sewer Connection Required. The mobilehome shall be connected to the sanitary sewer system and subject to connection fees. In all activities requiring a building permit such permit shall be obtained and fees paid.

F. Rent Prohibited. There shall be no rent or other consideration charged to the occupant of the mobilehome. The mobilehome may be owned by either the property owner or the person occupying it.

G. Restrictions on Occupancy. The mobilehome may only be utilized by a relative either by blood or marriage of the owner of the property on which it is placed. The relative shall need care or assistance due to old age, disease, or infirmity.

H. Approval Valid One Year. The variance shall be granted for a term of one year. Upon application of the property owner the council may, without hearing, grant extensions for periods not to exceed one year.

I. Expiration of Approval. In the event the person residing in the mobilehome or conventional residence moves to another location or is deceased, the variance granted under this section automatically expires. If the council determines that any of the ten conditions of this section have been violated, the variance granted under this section expires. Upon expiration or nonrenewal of the variance, the mobilehome shall be removed from the site within one hundred twenty days. In the event the mobilehome is not removed within the specified time, the city shall remove said mobilehome and store it at the owner’s expense. The council shall require either a deposit or bond sufficient to ensure recovery of removal expenses at the time the application for variance is approved. The amount of such security shall be determined at the time of the hearing on the variance.

J. Violation.

1. A willful violation of any of the provisions of this section shall be a misdemeanor and shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Any wilful or intentional misrepresentation of any fact made for the purpose of influencing the action of any officer or public body herein named pursuant hereto shall be a violation of this section.

2. Provided, nevertheless, that such aforesaid violation may be deemed an infraction as defined in Section 19(c.) of the California Penal Code and charged as such in the discretion and at the election of the city attorney, in which event the punishment therefore shall not be imprisonment but a fine not to exceed five hundred dollars for each such infraction. (Ord. No. 1336 § 1.)