It is the intent of this ordinance to make a provision of alternative modest income housing in general residential areas by permitting the use of certain manufactured homes, as defined herein, in all districts in which similar dwellings constructed on site are permitted, subject to the requirements set forth herein to assure acceptable similarity in exterior appearance between such manufactured homes and dwellings that have been or might be constructed under these and other lawful regulations on adjacent or nearby lots in the same district.

(Ord. No. 376, 6-7-21)

(a)

Expando unit means an expandable manufactured housing unit.

(b)

Foundation code means the "Standard for the Permanent Installation of Manufactured Homes" as adopted by Ordinance.

(c)

Manufactured home means a dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure with transport features removed, bearing a seal certifying that it is built in compliance with the federal Manufactured Housing Construction and Safety Standards Code.

(d)

Manufactured Home Construction and Safety Standards means the standard for the construction, design and performance of a manufactured home as set forth in the Code of Federal Regulations, Title 24, Part 3280, 3282, 3283 and 42 USC 5401, et seq.; as mandated in the United States of America and as administrated by the United States Department of Housing and Urban Development.

(e)

Mobile home means a movable or portable structure built prior to June 15, 1976, the effective date for the federal Mobile Home Construction and Safety Act of 1974, which is larger than three hundred twenty (320) square feet, and designed to be used as a year-round residential dwelling. A mobile home may or may not be permanently attached to the ground, and its transport features may not be removed.

(f)

Special exception permit means a device for permitting a use within a district other than a principally permitted use.

(Ord. No. 376, 6-7-21)

(a)

Permitted placement of manufactured homes. The establishment, location, and use of manufactured homes as scattered-site residences shall be permitted in any zone permitting installation of a dwelling unit, subject to requirements and limitations applying generally to such residential use in the district and provided such homes shall meet the following requirements and limitations:

(1)

The home shall meet all requirements applicable to single family dwellings and possess all necessary improvement location, building and occupancy permits and other certifications required by the code;

(2)

The home shall (be larger than six hundred (600) square feet of occupied space) or (meet the minimum square footage requirements for the appropriate zone);

(3)

The home shall be attached and anchored to a permanent foundation in conformance with the regulations in the Foundation Code and with manufacturer's installation specifications;

(4)

The home shall be covered with an exterior material customarily used on site-built residential dwellings, and such material shall extend over the top of the foundation (or meet the community's site-built residential dwelling home standards).

(5)

The home shall have a roof composed of a material customarily used on site-built residential dwellings such as fiberglass, shake, asphalt or tile, which shall be installed onto a surface appropriately pitched for the materials used.

(b)

Exterior appearance standards. Manufactured home classification. Manufactured homes shall be classified as to acceptable compatibility or similarity in appearance with site-constructed residences, as follows:

(1)

A TYPE I Manufactured Home shall:

a.

Have more than nine hundred and fifty (950) square feet of occupied space in a typically double-section or larger multi-section unit;

b.

Be placed onto a permanent foundation;

c.

Utilize a permanent perimeter enclosure in accordance with approved Installation Standards, as specified in Section 6;

d.

Be anchored to the ground, in accordance with the Municipality's Foundation Code and to the manufacturer's specifications;

e.

Have wheels, axles, and hitch mechanisms removed;

f.

Have utilities connected, in accordance with the Building Code or manufacturer's specifications, whichever is more restrictive;

g.

Have siding material of a type customarily used on site-constructed residences (the zoning administrator may compile a list of approved materials meeting the compatibility test - see Approved Materials List); and

h.

Have roofing material of a type customarily used on site-constructed residences (the zoning administrator may compile a list of approved materials meeting the compatibility test - see Approved Materials List.)

i.

Have open, covered, and/or enclosed parking structure which is compatible with other housing in immediate area.

(2)

A TYPE II Manufactured Home shall:

a.

Have more than seven hundred and twenty (720) square feet of occupied space in a single, double, expando, or multi-section unit (including those with a add-a-room units):

b.

Same as b. thru i. of Type I

(3)

A TYPE III Manufactured Home shall:

a.

Have more than six hundred (600) square feet of occupied space in a single, double, expando, or multi-section unit (including those with add-a-room units);

b.

Be placed onto a support system, in accordance with approved Installation Standards, as specified in Section 6;

c.

Be enclosed with foundation siding/skirting, in accordance with approved Installation Standards, as specified in Section 6;

d.

Be anchored to the ground, in accordance with manufacturer's specifications and the Building Code; and

e.

Have utilities connected, in accordance with manufacturer's specifications or the Building Code.

f.

Must have permission from fifty-one (51) percent of property owners within three hundred (300) foot radius of property.

g.

Must be approved by the board of adjustments.

Mobile Homes. For purpose of determining appropriateness for placement, mobile homes shall:

a.

Have more than six hundred (600) square feet of occupied space;

b.

Be placed onto support system, in accordance with approved Installation Standards, as specified in Section 6;

c.

Be enclosed with foundation siding/skirting, in accordance with approved installation standards, as specified in Section 6;

d.

Be anchored to the ground, in accordance with manufacturer's specifications and the Foundation Code; and

e.

Have utilities connected, in accordance with manufacturer's specifications and the Building Code.

(c)

Permitted placement of mobile homes. Mobile homes shall be placed only within a mobile home park and their placement governed by those regulations as set forth by the Mobile Home Park Ordinance.

(d)

Structural additions or alteration. Due to its integral design, any structural alteration or modification of a manufacturer or mobile home after it is placed on the site must be approved by the authorized zoning administrator of the City of Healdton. All structured additions shall comply with the Municipality's Building Codes.

SCHEDULE OF USES

Manufactured or mobile homes are permitted uses, as follows:

P = Permitted Use
SE = Special Exceptions
X = Prohibited

(Ord. No. 376, 6-7-21)

(a)

Zoning clearance permit. Prior to the location, relocation or establishment of any manufactured home outside of a mobile home park, the homeowner or authorized representative shall secure a zoning clearance permit which states that the building and its location conforms with the zoning ordinance, as herein amended.

(1)

Plot plans as required for all dwelling units, which, include elevations or photographs of all sides of the home, exterior dimensions, roof materials, foundation siding or permanent perimeter enclosure treatment, foundation siding or perimeter retaining wall treatment, foundation construction and materials, exterior finishes and the like.

(b)

Temporary use permit.

(1)

Subject to conditions, fees, and standards otherwise required in the zoning ordinance, a temporary use permit may be issued:

a.

To an applicant in the process of building a site-built dwelling to locate a manufactured or mobile home on a building lot during the course of construction of the dwelling; such permit shall not be issued;

b.

To an applicant to use a manufactured or mobile home as a caretaker's quarters or construction office at a job site;

c.

To an applicant whose own health or the health of another necessitates care, and where the facts show that an unnecessary hardship would occur if not permitted to locate a manufactured home or mobile home adjacent to the residence of one who is able to provide such care or in need of such care.

(2)

Length of temporary permit. A temporary use permit may be issued by the board of adjustment for a period not to exceed one (1) year. The temporary permit may be renewed for an additional one (1) year period upon showing of good cause, and with permission to do so. However, the board of adjustment may authorize a temporary use permit to an applicant for a health or age-related circumstance for a period coterminous with the health or age related circumstance.

(3)

Permit expiration. At the time the temporary permit expires, the manufactured or mobile home and all appurtenances shall be removed from the property within ninety (90) days.

(c)

Utility requirements. Manufactured or mobile homes used for permanent or temporary uses shall have an approved water supply, sewage disposal system, and utility connections.

(d)

Zoning clearance or temporary use permit fee. A zoning clearance or temporary use permit shall be issued by the designated administrator. The fee shall be twenty-five dollars ($25.00) and is in addition to all other required permits for utilities and sewage disposal systems.

(Ord. No. 376, 6-7-21)

An action to review any order, requirement, decision, or determination made by an administrative official or board charged with enforcement of the zoning ordinance shall be to the board of adjustment.

(Ord. No. 376, 6-7-21)

(a)

Failure to comply. Each day of noncompliance with the provisions of this ordinance constitutes a separate and distinct ordinance violation. Judgment of up to one hundred dollars ($100.00) per day may be entered for a violation of this ordinance.

(b)

Subject to removal. A home, sited upon property in violation of this ordinance, shall be subject to removal from such property. If action is required to bring compliance, the expenses involved may be made a lien against the property.

(c)

Removal method. The designated administrator may institute a suit in an appropriate court for injunctive relief to cause such violation to be prevented, abated or removed.

(Ord. No. 376, 6-7-21)

If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance. It is being expressly declared that this ordinance and each section, subsection, paragraph, sentence, clause and phrase would have been adopted regardless of the fact that any one (1) or more sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 376, 6-7-21)