This chapter authorizes, upon the issuance of a special permit,
the installation of a temporary accessory housing structure for the
purpose of housing elderly parents or grandparents of an owner of
a property for a limited time on the same lot as the owner's primary
residence.
A. Purposes of this chapter.
(1) To permit adult children to provide small temporary residences for
their aging parents or grandparents who are in need of support, while
maintaining as much of the independence of the two generations as
possible;
(2) To reduce the degree to which frail elderly homeowners have to choose
between increasing isolation in their own homes and institutionalization
in long-term care homes;
(3) To develop housing types that are appropriate for households at a
variety of stages in the life cycle; and
(4) To permit temporary accessory housing in a manner that will protect
property values by insuring that the homes are compatible with the
neighborhood and are easily removed.
B. Title. This chapter shall be referred to as the "Temporary Accessory
Housing Structure for the Elderly Ordinance."
A special permit shall be issued for a temporary accessory housing
structure to lot owners of record, provided the following requirements
are satisfied:
A. A site plan shall be presented to the Township Manager which sets
forth the location of the placement of a structure with a minimum
floor area of 280 square feet for one occupant and 400 square feet
for two occupants, except a mobile home shall contain not less than
500 square feet of floor space. Said housing structure shall not exceed
a total floor area of 900 square feet or a height of 16 feet. Only
one temporary accessory housing structure may be placed on the same
lot as the primary residence.
[Amended 7-14-2008 by Ord. No. 08-02]
B. A temporary accessory housing structure shall only be placed upon
a lot that is conforming to the requirements of its respective zoning
district.
C. The total area of buildings, including the temporary accessory housing
structure, shall be in conformity with the maximum building coverage
of the lot regulations for residential uses of the respective zoning
district.
D. The temporary accessory housing structure must be located within the minimum yard requirements required by Chapter
500, Zoning, of the Code of the Township of Weisenberg, for the respective zoning district. No temporary accessory housing structure may be placed in any front yard. The structure must be located so as to allow clear access to equipment to place and remove it. The site plan shall provide a location which addresses aesthetic and community character concerns, especially those of adjoining neighbors.
E. The site plan shall provide for adequate parking for any vehicle
for the temporary accessory housing structure.
F. Access must be provided to the temporary accessory housing structure
separate from that of the primary residence. Walkways from parking
areas and the primary residence to the structure shall be suitable
for wheelchair and emergency medical services access. The structure
must be designed to accommodate future installation of a wheelchair
ramp.
G. Construction.
(1) Any temporary accessory housing structure should follow the "Recommended
Construction and Installation Standards" published by the American
Association of Retired Persons or a similarly recognized national
standard for housing of the elderly.
(2) The temporary accessory housing structure shall have at least two
exit doors.
(3) The applicant shall certify that the structure meets at least the minimum requirements of the applicable building or construction code, including Subpart C, Fire Safety, Department of HUD's "Manufactured Home Construction Safety Standards," at 24 CFR 3280.201 et seq., and Chapter
225, Construction Codes, Uniform, Article
I.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H. The exterior of the temporary accessory housing structure shall be
compatible with the principal residence.
I. Water and sewage.
(1) Adequate sewage disposal and potable water supply must be provided
by utilization of the existing facilities servicing the primary residence
or installation of separate systems. If existing on-lot facilities
are to be used, the applicant shall certify that they will be adequate
for both dwellings.
(2) The Sewage Enforcement Officer shall review a report prepared by
the owner's consultant on the condition of the facilities and his
findings shall be included with the application for the special permit.
The lot area and sewage system must be sufficient to satisfy the sewage
requirements for new residential construction.
(3) The applicant must provide evidence that the septic tank has been
cleaned within the previous 36 months or shall do so before the permit
is issued.
J. Occupancy.
(1) The record owner(s) of the principal residence and lot must live
in one of the dwelling units on this lot.
(2) At least one occupant of the temporary accessory housing structure
must be a parent or grandparent by blood, marriage or adoption of
at least one occupant of the primary residence.
(3) In no case shall there be more than two occupants of the temporary
accessory housing structure.
(4) At least one occupant of the temporary accessory housing structure
must be unable to live independently because of mental or physical
illness or disability. Confirmation of mental or physical illness
or disability shall be certified by a licensed practicing physician.
K. Removability.
(1) The foundation of the temporary accessory housing structure shall
be of removable materials so that the lot may be restored with no
visible evidence of the structure remaining after removal and with
as little expense as possible.
(2) No permanent fencing, walls or other structures shall be installed
which would hinder removal of the housing structure.
(3) A performance bond of $10,000 or an equivalent financial security
as approved by the Board of Supervisors shall be posted by the lot
owner with the Township to assure ultimate removal. All applicants,
record property owners and all occupants of said tract will be required
to execute any and all documents in a form and content satisfactory
to the Township Solicitor that will allow the Township to enter upon
the property for purposes of removal of the structure and provide
for its disposal.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4) In the event of a failure in the sewage system and there is no repair
within 30 days after notice from the Township, the use of the temporary
accessory housing structure will be discontinued immediately until
the system is satisfactorily restored and the Township may revoke
the permit and proceed with removal of the housing structure without
any liability.
L. The Board of Supervisors may add other appropriate or more stringent
conditions where deemed necessary to protect public health, safety
and welfare and the single-family character of the neighborhood. The
Board may require additional documents other than those listed above
to ensure that the intent and the policy of this chapter is fulfilled.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
chapter. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.