MANUFACTURED HOUSING
(a)
Public purpose. The purpose of this article is to provide standards for the location and placement of individual manufactured homes and manufactured home subdivisions.
(b)
Applicability. The use of mobile homes within the city limits (if not built in compliance with the federal manufactured housing construction and safety standards of the HUD Code or approved by the state as a manufactured home, with insignia attached) is not allowed unless currently in existence and used as a single-family residence, and then only so long as continuously used as a single-family residence without a break in such use for more than six months or until any change in ownership, after which the right of use shall terminate and said mobile home shall be removed from the property. Manufactured homes shall comply with the requirements hereof.
(c)
Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Doublewide means an obsolete term used to describe a modular home having a width of generally between 20 and 28 feet.
Dwelling means a building or portion thereof designed, arranged, or used principally for residential occupancy, not including motels, hotels, boardinghouses, or roominghouses.
Historic district means any area so designated on the National Register of Historic Places.
HUD means the U.S. Department of Housing and Urban Development.
Manufactured home means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the site, bearing a label certifying that it is built in compliance with the federal manufactured housing construction and safety standards (24 CFR 3280) HUD Code, or inspected by an approved inspection agency conforming to the requirements of the state, and bearing an insignia of approval. The term "single-family dwelling" shall include manufactured homes when placed on permanent foundations. For purposes of this land development regulation code, manufactured homes acceptable to be used for residential purposes within the city are distinguished by two types, as follows:
(1)
Residential design manufactured homes (hereinafter referred to as RDMH structures) are manufactured homes, also called modular homes, bearing a state seal, certifying code compliance, meeting the following residential design standards which shall be used in determinations of similarity in appearance between RDMH structures, with permanent foundations approved as provided in this subsection, and compatible in appearance with site-built housing which has been constructed in adjacent or nearby locations. An RDMH structure is not permitted to be used as storage.
a.
Minimum width of main body. Minimum width of the main body of the RDMH as located on the site shall be in excess of 14 feet, as measured across the narrowest portion. This is not intended to prohibit the offsetting of portions of the home.
b.
Minimum roof pitch; minimum roof overhang; roofing materials. The pitch of the home's roof shall have a minimum vertical rise of four feet for each 12 feet of horizontal run and for double wide homes, the minimum roof overhang shall be six inches. The roof shall be finished with a type of material that is commonly used in conventional residential dwellings constructed in adjacent or nearby locations. Built-up composition roof may not be used.
c.
Exterior finish; light reflection. The exterior siding of the home shall consist of wood, hardboard, brick, masonry, or vinyl which is generally acceptable for site-built housing which has been constructed in adjacent or nearby locations; provided, however, that reflection for such exterior shall not be greater than from siding coated with clean white gloss exterior enamel.
d.
Foundation. The tongue, axles, transporting lights, and towing apparatus shall be removed and the home installed on a site-built, permanent foundation that is not designed to be moved once it is installed. The foundation shall include construction of a permanent, non-load-bearing, perimeter curtain wall of concrete block, with minimum thickness of four inches, extending at a minimum from the ground surface to the bottom starter of the exterior wall surfaces of the home, unpierced except for required ventilation and access.
e.
Site orientation of the manufactured home. RDMH structures shall be placed on lots in such a manner as to be compatible with and reasonably similar in orientation to the site-built housing which has been constructed on adjacent or nearby locations.
(2)
Standard design manufactured homes (hereinafter referred to as SDMH structures) are manufactured homes certified as meeting HUD Code, but not meeting residential design standards contained herein. An SDMH structure is not permitted to be used as storage. The tongue, axles, transporting lights, and towing apparatus shall be removed and the home installed on a site-built, permanent foundation that is not designed to be moved once it is installed.
Manufactured home lot means an area of land within a planned manufactured home subdivision designed to accommodate one manufactured home.
Manufactured home subdivision means a parcel developed and intended for use as a residential area occupied by manufactured homes; and conforming to an approved development plan with appropriate and adequate community services, recreation facilities, utilities, streets, and sidewalks provided by the developer; where the resident owns the manufactured home and the manufactured home lot, or where the resident rents the manufactured home and lot, both of which are owned as one by the developer or other third party. All manufactured homes located within a manufactured home subdivision must be installed in accordance with city and state codes, and all manufactured home subdivisions shall be designed in accordance with city standards and state codes.
Manufactured housing means a general term used to describe a type of housing that is produced, either completely or partially in a factory.
Mobile home means an obsolete term used herein to describe a home, prefabricated in whole or in part and not complying with the HUD Code or state requirements and without state insignia.
Mobile home park means an obsolete term used to describe an area where spaces are rented to mobile homeowners. It is no longer authorized for new developments.
National Manufactured Home Construction and Safety Standards means the national code for all manufactured homes built since June 15, 1976, written and administered by the U.S. Department of Housing and Urban Development; also known as the "HUD Code."
Prefabricated home means a general term used to describe any home constructed in a factory setting including manufactured homes, modular homes and industrialized homes.
Sectional home means a general term used to describe any home constructed in a factory setting, especially manufactured homes.
Single-wide means an obsolete term used to describe a mobile home or manufactured home having a width of between eight and 16 feet.
Wall curtain means a non-load-bearing perimeter curtain wall of concrete block or stucco on wire mesh, with a minimum thickness of four inches, extending at a minimum from the ground surface to the bottom starter of the exterior wall surfaces of the home, unpierced except for required ventilation and access.
(d)
Standards for siting manufactured housing units. Manufactured housing units proposed to be located in the city shall meet the following requirements:
(1)
The unit shall comply with U.S. Department of Housing and Urban Development mobile construction and safety standards or the Florida Manufactured Building Act of 1979 (F.S. § 553.38 et seq.);
(2)
The minimum horizontal dimension of the main body, as assembled on the site, shall not be less than 14 feet, as measured across the narrowest portion;
(3)
The pitch of the main roof shall meet appropriate state building codes;
(4)
The roofing material used shall be similar in texture, color and appearance to that of businesses or dwelling units in the same character district in which it is to be located;
(5)
The materials used for the exterior finish and skirting shall be similar in texture, color and materials to businesses or detached single-family dwelling units in the same character district in which it is to be located and are applied in such a manner as to make the manufactured housing unit similar in appearance with surrounding businesses or detached single-family dwelling units. Reflection from the exterior shall not be greater than from siding coated with clear, white, glossy exterior enamel;
(6)
All manufactured homes will have a wall curtain as defined in this section (see definition of the term "wall curtain" in subsection (c) of this section).
(e)
Exemptions. Manufactured housing units located within a mobile home park designed exclusively for manufactured housing are exempt from the requirements of this section.
(f)
Application contents.
(1)
Any person proposing to site a manufactured housing unit within the city, unless exempted, shall submit the following application information to the city:
a.
The applicant's name and address.
b.
Legal description or street address of the lot upon which the home will be located.
c.
Statement of ownership of property.
d.
Size of property in square feet.
e.
Proof that the manufactured housing unit has met the requirements of this section.
f.
Statement describing the type and dimensions of the manufactured housing unit proposed to be located on the property.
g.
Elevations or photographs of all sides of the manufactured housing unit proposed to be located on the property.
h.
A statement describing the exterior dimensions and roof slope of the manufactured housing unit proposed to be located on the property.
i.
A description of the exterior finish of the manufactured housing unit, including exterior walls, roof and skirting.
j.
A schematic design of the manufactured housing unit showing the roof, skirting and other improvements.
k.
Present zoning classification.
(2)
In addition to the application, provide a sketch showing the location of the home on the lot.
(g)
Procedure for review of applications.
(1)
Within 30 days after an application for a new siting of a manufactured home has been submitted, the city shall determine whether the application is complete. If the city determines the application is not complete, the city shall send a written statement specifying the application's deficiencies to the applicant by mail. The city shall take no further action on the application unless the deficiencies are remedied.
(2)
If the application is for a manufactured home which will replace an existing manufactured home that was sited in accordance with the terms of subsections (d) through (g) of this section, inclusive, the city shall review the application for completeness within ten days of receipt.
(3)
Notwithstanding the other requirements of this section, the city may deny the request for placement if it determines that the manufactured home to be placed on the property is not a suitable structure based upon appearance, age and compatibility with other structures within the surrounding area.
(4)
The person filing the application shall pay a fee to cover administrative costs of the application review, as set by the city council. The person requesting a variance shall be responsible for all publication and postage costs and shall in addition thereto pay a fee to cover administrative costs, as set by the city council.
(5)
Regulations for manufactured homes, trailers and mobile homes shall be enforced by the city planning officer.
(h)
Variance procedures for the siting of manufactured housing units.
(1)
Variances from the requirements of subsection (d) of this section may be granted for the placement of manufactured housing units in residential areas for the following cases:
a.
Disabled/handicapped or elderly citizens;
b.
Hardship cases.
(2)
Anyone desiring a variance from the requirements of subsection (d) of this section shall submit a request for variance application, which shall contain the following information:
a.
Name and address of the applicant.
b.
Name and address of persons for whom the variance is requested.
c.
Address of property for which the variance is requested.
d.
Present zoning classification.
e.
Type of variance.
f.
Reason variance is wanted or needed.
g.
The proposed use of the property.
h.
Description of skirting.
i.
Sketch which shows location of the mobile home and distances from existing buildings and property lines.
(i)
Procedure for review of variance.
(1)
Within 30 days after a variance has been submitted, the city shall determine whether the application is complete. If the city determines that the application is not complete, the city shall send a written statement specifying the application's deficiencies that are to be remedied.
(2)
Notwithstanding the other requirements of this section, if the city determines that the manufactured home to be placed on the property is not a suitable structure based upon appearance, age and compatibility with other structures within the neighborhood, it may deny the request for placement.
(3)
The city shall review the variance request based on the following sets of criteria:
a.
Disabled/handicapped or elderly citizens.
1.
A variance from the requirements of subsection (d) of this section may be granted for a person who is elderly or disabled/handicapped and the need exists for such person to be near such person's family or the person taking care of them in order to allow the temporary placement of manufactured housing units within residential areas. The manufactured home allowed under this variance procedure must be placed on the same parcel of land occupied by the family or person taking care of the elderly or disabled/handicapped person, or the manufactured home may be placed on an adjoining lot.
2.
Any variance requested due to a health reason shall be supported by a written physician's statement.
3.
Any variance requested due to the need for someone to be near a family member or a person to take care of them shall be supported by a written physician's statement.
4.
An elderly person is a person 62 years of age or older.
5.
A disabled/handicapped person is a person receiving Social Security disability income, a legally declared disabled veteran, or a person who has a currently dated written letter from the person's physician declaring the person permanently disabled/handicapped.
6.
A variance granted under the conditions of a disabled/handicapped or elderly citizen's care will be a temporary variance for the placement of a manufactured housing unit or for any other type of housing unit used to care for the elderly or disabled/handicapped person. The variance will be for the time period of one year. If, at the end of one year, the conditions of the variance have not changed, the petitioner may seek renewal of the variance each year thereafter as long as a physician declares no change in the existing condition of the disabled/handicapped or elderly citizen.
The manufactured home allowed under this variance shall comply with the U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety Standards and the Florida Manufactured Building Act of 1979 (F.S. § 553.35 et seq.).
b.
Hardship cases.
1.
A variance from the requirements of subsection (d) of this section may be granted for hardship cases in order to allow the temporary placement of manufactured housing units within residential areas during the construction of a new home or during the construction to replace a home destroyed by a fire or storm. Acceptable documentation shall be supplied in cases identified as hardship cases. For the purposes of this variance procedure, the term "hardship" shall be applied to the following circumstances:
(i)
Homes under construction.
(ii)
Homes destroyed by a fire.
(iii)
Homes destroyed by a storm.
2.
Variances granted for hardship cases shall not be renewed more than one time.
3.
The manufactured home allowed under this variance shall comply with the U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety Standards and the Florida Manufactured Building Act of 1979 (F.S. § 553.35 et seq.).
(Code 1987, § 20-171; Ord. No. 695, § 6, 1-6-1992; Ord. No. 710, 2-7-1994; Ord. No. 721, 1-3-1995; Ord. No. 750, § 1, 9-10-1996; Ord. No. 771, §§ 17, 18, 4-8-1997; Ord. No. 861, § 2, 2-14-2006; Ord. No. 899, § 2, 3-8-2011; Ord. No. 968, § 1, 8-10-2021)
(a)
Requirements.
(1)
After the effective date of the ordinance from which this article is derived, an individual mobile home dwelling unit may not be located within the city unless it has been approved as either an RDMH or SDMH structure and meets all other requirements of this land development regulation code.
(2)
After the effective date of the ordinance from which this article is derived, only residential designed manufactured homes approved as RDMH structures shall be permitted to be placed in as an allowable use, subject to the requirements and limitations which shall be applicable to districts set out in this section and this article applying to such residential use, including minimum lot size, yard and spacing, setback requirements, percentage of lot coverage, off-street parking requirements and approved foundations as described herein. Such RDMH structures shall be placed on lots in such a manner as to be compatible with and reasonably similar in orientation to the site-built housing which has been constructed in adjacent or nearby locations.
(3)
After the effective date of the ordinance from which this article is derived, standard designed manufactured homes approved by HUD may be placed only:
a.
In districts zoned for same;
b.
As a temporary government office on government property;
c.
As a temporary classroom on school property;
d.
As a temporary construction office (no sleeping quarters allowed) on a construction site approved by a valid development order; or
e.
As a replacement for a previous mobile home of the same approximate size in a mobile home park, where the park was in existence prior to 1999, and when said mobile home replaced has not been removed for more than six months.
(4)
All manufactured homes must be installed in accordance with those regulations promulgated by the state pursuant to F.S. § 553.38(1), and those local requirements of the city as authorized under F.S. § 553.38(2), relating to the following:
a.
Land use and zoning requirements;
b.
Fire zones;
c.
Setback requirements;
d.
Side and rear yard requirements;
e.
Site development requirements;
f.
Property line requirements;
g.
On-site installation requirements;
h.
Review and regulation of architectural and aesthetic requirements;
i.
Landings of the requisite composition and size as per the Florida Building Code.
(5)
Manufactured homes once placed on real property, as herein authorized, must be returned for ad valorem tax purposes annually as an improvement to and part of the real property.
(6)
Manufactured homes are not permitted to be used as storage buildings.
(7)
Manufactured homes are not permitted to be placed in historic districts.
(b)
Parking. No unoccupied mobile homes shall be stored or parked in any residential district or public place.
(c)
Temporary permit for use during construction. A temporary permit may be obtained from the official for the temporary use of a manufactured home used exclusively as an on-site office during construction of a project.
(d)
Temporary permit for use as office. The official may issue a temporary permit for the use of a manufactured home as an office in all districts of the city except RLD, provided the use is limited to the sale of units in a multifamily housing development, and the manufacturer of the manufactured home is an approved manufacturer by the state. The permits issued pursuant to this provision shall be limited to a period of one year from the date of issuance. Manufactured homes used as a sales office must comply with all tie-down, landscaping, utility connections, parking and skirting requirements set forth herein.
(Code 1987, § 20-172; Ord. No. 695, § 6, 1-6-1992; Ord. No. 899, § 2, 3-8-2011; Ord. No. 968, § 2, 8-10-2021)
MANUFACTURED HOUSING
(a)
Public purpose. The purpose of this article is to provide standards for the location and placement of individual manufactured homes and manufactured home subdivisions.
(b)
Applicability. The use of mobile homes within the city limits (if not built in compliance with the federal manufactured housing construction and safety standards of the HUD Code or approved by the state as a manufactured home, with insignia attached) is not allowed unless currently in existence and used as a single-family residence, and then only so long as continuously used as a single-family residence without a break in such use for more than six months or until any change in ownership, after which the right of use shall terminate and said mobile home shall be removed from the property. Manufactured homes shall comply with the requirements hereof.
(c)
Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Doublewide means an obsolete term used to describe a modular home having a width of generally between 20 and 28 feet.
Dwelling means a building or portion thereof designed, arranged, or used principally for residential occupancy, not including motels, hotels, boardinghouses, or roominghouses.
Historic district means any area so designated on the National Register of Historic Places.
HUD means the U.S. Department of Housing and Urban Development.
Manufactured home means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the site, bearing a label certifying that it is built in compliance with the federal manufactured housing construction and safety standards (24 CFR 3280) HUD Code, or inspected by an approved inspection agency conforming to the requirements of the state, and bearing an insignia of approval. The term "single-family dwelling" shall include manufactured homes when placed on permanent foundations. For purposes of this land development regulation code, manufactured homes acceptable to be used for residential purposes within the city are distinguished by two types, as follows:
(1)
Residential design manufactured homes (hereinafter referred to as RDMH structures) are manufactured homes, also called modular homes, bearing a state seal, certifying code compliance, meeting the following residential design standards which shall be used in determinations of similarity in appearance between RDMH structures, with permanent foundations approved as provided in this subsection, and compatible in appearance with site-built housing which has been constructed in adjacent or nearby locations. An RDMH structure is not permitted to be used as storage.
a.
Minimum width of main body. Minimum width of the main body of the RDMH as located on the site shall be in excess of 14 feet, as measured across the narrowest portion. This is not intended to prohibit the offsetting of portions of the home.
b.
Minimum roof pitch; minimum roof overhang; roofing materials. The pitch of the home's roof shall have a minimum vertical rise of four feet for each 12 feet of horizontal run and for double wide homes, the minimum roof overhang shall be six inches. The roof shall be finished with a type of material that is commonly used in conventional residential dwellings constructed in adjacent or nearby locations. Built-up composition roof may not be used.
c.
Exterior finish; light reflection. The exterior siding of the home shall consist of wood, hardboard, brick, masonry, or vinyl which is generally acceptable for site-built housing which has been constructed in adjacent or nearby locations; provided, however, that reflection for such exterior shall not be greater than from siding coated with clean white gloss exterior enamel.
d.
Foundation. The tongue, axles, transporting lights, and towing apparatus shall be removed and the home installed on a site-built, permanent foundation that is not designed to be moved once it is installed. The foundation shall include construction of a permanent, non-load-bearing, perimeter curtain wall of concrete block, with minimum thickness of four inches, extending at a minimum from the ground surface to the bottom starter of the exterior wall surfaces of the home, unpierced except for required ventilation and access.
e.
Site orientation of the manufactured home. RDMH structures shall be placed on lots in such a manner as to be compatible with and reasonably similar in orientation to the site-built housing which has been constructed on adjacent or nearby locations.
(2)
Standard design manufactured homes (hereinafter referred to as SDMH structures) are manufactured homes certified as meeting HUD Code, but not meeting residential design standards contained herein. An SDMH structure is not permitted to be used as storage. The tongue, axles, transporting lights, and towing apparatus shall be removed and the home installed on a site-built, permanent foundation that is not designed to be moved once it is installed.
Manufactured home lot means an area of land within a planned manufactured home subdivision designed to accommodate one manufactured home.
Manufactured home subdivision means a parcel developed and intended for use as a residential area occupied by manufactured homes; and conforming to an approved development plan with appropriate and adequate community services, recreation facilities, utilities, streets, and sidewalks provided by the developer; where the resident owns the manufactured home and the manufactured home lot, or where the resident rents the manufactured home and lot, both of which are owned as one by the developer or other third party. All manufactured homes located within a manufactured home subdivision must be installed in accordance with city and state codes, and all manufactured home subdivisions shall be designed in accordance with city standards and state codes.
Manufactured housing means a general term used to describe a type of housing that is produced, either completely or partially in a factory.
Mobile home means an obsolete term used herein to describe a home, prefabricated in whole or in part and not complying with the HUD Code or state requirements and without state insignia.
Mobile home park means an obsolete term used to describe an area where spaces are rented to mobile homeowners. It is no longer authorized for new developments.
National Manufactured Home Construction and Safety Standards means the national code for all manufactured homes built since June 15, 1976, written and administered by the U.S. Department of Housing and Urban Development; also known as the "HUD Code."
Prefabricated home means a general term used to describe any home constructed in a factory setting including manufactured homes, modular homes and industrialized homes.
Sectional home means a general term used to describe any home constructed in a factory setting, especially manufactured homes.
Single-wide means an obsolete term used to describe a mobile home or manufactured home having a width of between eight and 16 feet.
Wall curtain means a non-load-bearing perimeter curtain wall of concrete block or stucco on wire mesh, with a minimum thickness of four inches, extending at a minimum from the ground surface to the bottom starter of the exterior wall surfaces of the home, unpierced except for required ventilation and access.
(d)
Standards for siting manufactured housing units. Manufactured housing units proposed to be located in the city shall meet the following requirements:
(1)
The unit shall comply with U.S. Department of Housing and Urban Development mobile construction and safety standards or the Florida Manufactured Building Act of 1979 (F.S. § 553.38 et seq.);
(2)
The minimum horizontal dimension of the main body, as assembled on the site, shall not be less than 14 feet, as measured across the narrowest portion;
(3)
The pitch of the main roof shall meet appropriate state building codes;
(4)
The roofing material used shall be similar in texture, color and appearance to that of businesses or dwelling units in the same character district in which it is to be located;
(5)
The materials used for the exterior finish and skirting shall be similar in texture, color and materials to businesses or detached single-family dwelling units in the same character district in which it is to be located and are applied in such a manner as to make the manufactured housing unit similar in appearance with surrounding businesses or detached single-family dwelling units. Reflection from the exterior shall not be greater than from siding coated with clear, white, glossy exterior enamel;
(6)
All manufactured homes will have a wall curtain as defined in this section (see definition of the term "wall curtain" in subsection (c) of this section).
(e)
Exemptions. Manufactured housing units located within a mobile home park designed exclusively for manufactured housing are exempt from the requirements of this section.
(f)
Application contents.
(1)
Any person proposing to site a manufactured housing unit within the city, unless exempted, shall submit the following application information to the city:
a.
The applicant's name and address.
b.
Legal description or street address of the lot upon which the home will be located.
c.
Statement of ownership of property.
d.
Size of property in square feet.
e.
Proof that the manufactured housing unit has met the requirements of this section.
f.
Statement describing the type and dimensions of the manufactured housing unit proposed to be located on the property.
g.
Elevations or photographs of all sides of the manufactured housing unit proposed to be located on the property.
h.
A statement describing the exterior dimensions and roof slope of the manufactured housing unit proposed to be located on the property.
i.
A description of the exterior finish of the manufactured housing unit, including exterior walls, roof and skirting.
j.
A schematic design of the manufactured housing unit showing the roof, skirting and other improvements.
k.
Present zoning classification.
(2)
In addition to the application, provide a sketch showing the location of the home on the lot.
(g)
Procedure for review of applications.
(1)
Within 30 days after an application for a new siting of a manufactured home has been submitted, the city shall determine whether the application is complete. If the city determines the application is not complete, the city shall send a written statement specifying the application's deficiencies to the applicant by mail. The city shall take no further action on the application unless the deficiencies are remedied.
(2)
If the application is for a manufactured home which will replace an existing manufactured home that was sited in accordance with the terms of subsections (d) through (g) of this section, inclusive, the city shall review the application for completeness within ten days of receipt.
(3)
Notwithstanding the other requirements of this section, the city may deny the request for placement if it determines that the manufactured home to be placed on the property is not a suitable structure based upon appearance, age and compatibility with other structures within the surrounding area.
(4)
The person filing the application shall pay a fee to cover administrative costs of the application review, as set by the city council. The person requesting a variance shall be responsible for all publication and postage costs and shall in addition thereto pay a fee to cover administrative costs, as set by the city council.
(5)
Regulations for manufactured homes, trailers and mobile homes shall be enforced by the city planning officer.
(h)
Variance procedures for the siting of manufactured housing units.
(1)
Variances from the requirements of subsection (d) of this section may be granted for the placement of manufactured housing units in residential areas for the following cases:
a.
Disabled/handicapped or elderly citizens;
b.
Hardship cases.
(2)
Anyone desiring a variance from the requirements of subsection (d) of this section shall submit a request for variance application, which shall contain the following information:
a.
Name and address of the applicant.
b.
Name and address of persons for whom the variance is requested.
c.
Address of property for which the variance is requested.
d.
Present zoning classification.
e.
Type of variance.
f.
Reason variance is wanted or needed.
g.
The proposed use of the property.
h.
Description of skirting.
i.
Sketch which shows location of the mobile home and distances from existing buildings and property lines.
(i)
Procedure for review of variance.
(1)
Within 30 days after a variance has been submitted, the city shall determine whether the application is complete. If the city determines that the application is not complete, the city shall send a written statement specifying the application's deficiencies that are to be remedied.
(2)
Notwithstanding the other requirements of this section, if the city determines that the manufactured home to be placed on the property is not a suitable structure based upon appearance, age and compatibility with other structures within the neighborhood, it may deny the request for placement.
(3)
The city shall review the variance request based on the following sets of criteria:
a.
Disabled/handicapped or elderly citizens.
1.
A variance from the requirements of subsection (d) of this section may be granted for a person who is elderly or disabled/handicapped and the need exists for such person to be near such person's family or the person taking care of them in order to allow the temporary placement of manufactured housing units within residential areas. The manufactured home allowed under this variance procedure must be placed on the same parcel of land occupied by the family or person taking care of the elderly or disabled/handicapped person, or the manufactured home may be placed on an adjoining lot.
2.
Any variance requested due to a health reason shall be supported by a written physician's statement.
3.
Any variance requested due to the need for someone to be near a family member or a person to take care of them shall be supported by a written physician's statement.
4.
An elderly person is a person 62 years of age or older.
5.
A disabled/handicapped person is a person receiving Social Security disability income, a legally declared disabled veteran, or a person who has a currently dated written letter from the person's physician declaring the person permanently disabled/handicapped.
6.
A variance granted under the conditions of a disabled/handicapped or elderly citizen's care will be a temporary variance for the placement of a manufactured housing unit or for any other type of housing unit used to care for the elderly or disabled/handicapped person. The variance will be for the time period of one year. If, at the end of one year, the conditions of the variance have not changed, the petitioner may seek renewal of the variance each year thereafter as long as a physician declares no change in the existing condition of the disabled/handicapped or elderly citizen.
The manufactured home allowed under this variance shall comply with the U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety Standards and the Florida Manufactured Building Act of 1979 (F.S. § 553.35 et seq.).
b.
Hardship cases.
1.
A variance from the requirements of subsection (d) of this section may be granted for hardship cases in order to allow the temporary placement of manufactured housing units within residential areas during the construction of a new home or during the construction to replace a home destroyed by a fire or storm. Acceptable documentation shall be supplied in cases identified as hardship cases. For the purposes of this variance procedure, the term "hardship" shall be applied to the following circumstances:
(i)
Homes under construction.
(ii)
Homes destroyed by a fire.
(iii)
Homes destroyed by a storm.
2.
Variances granted for hardship cases shall not be renewed more than one time.
3.
The manufactured home allowed under this variance shall comply with the U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety Standards and the Florida Manufactured Building Act of 1979 (F.S. § 553.35 et seq.).
(Code 1987, § 20-171; Ord. No. 695, § 6, 1-6-1992; Ord. No. 710, 2-7-1994; Ord. No. 721, 1-3-1995; Ord. No. 750, § 1, 9-10-1996; Ord. No. 771, §§ 17, 18, 4-8-1997; Ord. No. 861, § 2, 2-14-2006; Ord. No. 899, § 2, 3-8-2011; Ord. No. 968, § 1, 8-10-2021)
(a)
Requirements.
(1)
After the effective date of the ordinance from which this article is derived, an individual mobile home dwelling unit may not be located within the city unless it has been approved as either an RDMH or SDMH structure and meets all other requirements of this land development regulation code.
(2)
After the effective date of the ordinance from which this article is derived, only residential designed manufactured homes approved as RDMH structures shall be permitted to be placed in as an allowable use, subject to the requirements and limitations which shall be applicable to districts set out in this section and this article applying to such residential use, including minimum lot size, yard and spacing, setback requirements, percentage of lot coverage, off-street parking requirements and approved foundations as described herein. Such RDMH structures shall be placed on lots in such a manner as to be compatible with and reasonably similar in orientation to the site-built housing which has been constructed in adjacent or nearby locations.
(3)
After the effective date of the ordinance from which this article is derived, standard designed manufactured homes approved by HUD may be placed only:
a.
In districts zoned for same;
b.
As a temporary government office on government property;
c.
As a temporary classroom on school property;
d.
As a temporary construction office (no sleeping quarters allowed) on a construction site approved by a valid development order; or
e.
As a replacement for a previous mobile home of the same approximate size in a mobile home park, where the park was in existence prior to 1999, and when said mobile home replaced has not been removed for more than six months.
(4)
All manufactured homes must be installed in accordance with those regulations promulgated by the state pursuant to F.S. § 553.38(1), and those local requirements of the city as authorized under F.S. § 553.38(2), relating to the following:
a.
Land use and zoning requirements;
b.
Fire zones;
c.
Setback requirements;
d.
Side and rear yard requirements;
e.
Site development requirements;
f.
Property line requirements;
g.
On-site installation requirements;
h.
Review and regulation of architectural and aesthetic requirements;
i.
Landings of the requisite composition and size as per the Florida Building Code.
(5)
Manufactured homes once placed on real property, as herein authorized, must be returned for ad valorem tax purposes annually as an improvement to and part of the real property.
(6)
Manufactured homes are not permitted to be used as storage buildings.
(7)
Manufactured homes are not permitted to be placed in historic districts.
(b)
Parking. No unoccupied mobile homes shall be stored or parked in any residential district or public place.
(c)
Temporary permit for use during construction. A temporary permit may be obtained from the official for the temporary use of a manufactured home used exclusively as an on-site office during construction of a project.
(d)
Temporary permit for use as office. The official may issue a temporary permit for the use of a manufactured home as an office in all districts of the city except RLD, provided the use is limited to the sale of units in a multifamily housing development, and the manufacturer of the manufactured home is an approved manufacturer by the state. The permits issued pursuant to this provision shall be limited to a period of one year from the date of issuance. Manufactured homes used as a sales office must comply with all tie-down, landscaping, utility connections, parking and skirting requirements set forth herein.
(Code 1987, § 20-172; Ord. No. 695, § 6, 1-6-1992; Ord. No. 899, § 2, 3-8-2011; Ord. No. 968, § 2, 8-10-2021)