It is the intent of the Manufactured Housing regulations to provide for an alternative form of housing by permitting the use of Type II Manufactured Housing, as defined herein, on single lots of record in specified districts where similar site-built units are permitted. Type II Manufactured Housing shall be subject to the requirements and procedures contained within this article to insure acceptable similarity in the exterior appearance between Type II Manufactured Housing and site built dwellings that have been or might be constructed in these specified districts subject to the limitations contained herein. (Ord. 310. Passed 9-16-96.)

   As used in this Zoning Ordinance:

   (a)   "Factory Built Homes" means a structure designed for long-term residential use. For the purpose of these regulations, factory-built housing consists of three types: manufactured homes, mobile homes, and modular homes.

   (b)   "Manufactured Home" means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401, et. seq.), which became effective June 15, 1976.

   (c)   "Mobile Home" means a transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

   (d)   "Modular Home" means a factory-fabricated, transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure, to be used for residential purposes and which bears a seal of compliance with regulations of the CABO One and Two Family Building Code or the BOCA Code and other building codes adopted by the City of Mannington by ordinances.
(Ord. 310. Passed 9-16-96.)

   It is the intent of this Ordinance to encourage the provision of affordable housing in a general residential zone by permitting the use of new modular and manufactured homes, as defined in Section 1331.02, meeting the definition of Single-Family residences as defined herein, in all zones in which similar dwellings constructed on the site are permitted, subject to the requirements and procedures set forth herein to assure similarity in exterior appearance between such residentially designed Modular and Manufactured Homes and dwellings which have been constructed under these and other lawful ordinances on adjacent lots in the same district, zoning classification or general area.

   Modular and Manufactured Homes, as defined in Section 1331.02, shall be permitted in all zones subject to the requirements and limitations set forth in this Ordinance which are applicable to Modular and Manufactured Homes and the requirements and limitations applying generally to residential use in such zoning classifications or districts, including minimum lots, yard and building spacing, percentage of lot coverage, off-street parking requirements, square footage requirements and approved foundations as described herein.

   (a)   Modular and Manufactured Homes qualifying as a Single-Family residence shall be compared to site built and other housing in the immediate general area within the same zoning or residential district or area. Approval shall be granted upon the finding that the Modular or Manufactured Home is substantially similar in size, siding material, roof material, foundation and general aesthetic appearance to:

      (1)   Site-built or other forms of housing which may be permitted in the same general area under this Ordinance; or

      (2)   Existing development; or

      (3)   Proposed development in the same zoning district or area.

   (b)   The home must measure in width and length at least twenty-two (22) feet for the main body.

   (c)   The floor area shall conform to figure 1 (Residential Uses and Requirements).

   (d)   The Modular or Manufactured Home shall be placed on a permanent foundation in accordance with Appendix C of the CABO 1 and 2 Family Building Code and shall be installed pursuant to the manufacturer's installation instructions and in compliance with rules and regulations of the West Virginia Manufactured Housing Construction and Safety Board established by West Virginia Code 21-9 and regulations approved thereunder. All Modular and Manufactured Homes are required to have a perimeter fascia enclosure constructed of compatible masonry material that encloses the perimeter of the home.

   (e)   All tow bars, wheels and axles shall be removed when the dwelling is installed on the residential lot, as a permanent structure not suited to relocation.

   (f)   The exterior siding materials shall consist of wood, masonry, concrete, stucco, Masonite, metal or vinyl lap or other materials of like appearance but use of flat or corrugated sheet metal for the exterior walls or roof coverings is prohibited.

   (g)   The roof shall have a minimum 2:12 roof pitch and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, built up gravel materials or other building materials approved by the Building Official. A roof overhang and rain gutters are required and must not be less than 6" including the rain gutters which may account for up to 4" of overhang, measured from the vertical side of the dwelling. The roof overhang requirements shall not apply to the area above porches, alcoves or other appendages which together do not exceed 25% of the length of the dwelling.

   (h)   The Board of Zoning may approve deviations from one or more of the developmental or architectural standards provided herein on the basis of finding that the materials to be utilized or the architectural style proposed for the dwelling will be compatible and harmonious with existing structures in the vicinity.

      (1)   Mobile Homes, as defined in Section 1331.02, shall be prohibited outside of Mobile Home Parks as set forth in the Zoning Ordinance.

      (2)   Use of Mobile Homes, Manufactured Homes, or Modular Homes for any purpose other than for residential use is hereby expressly prohibited.

      (3)   Applications for approval of placement of Manufactured Homes and Modular Homes shall be made on a form or forms developed for that purpose and shall be submitted to the City of Mannington Department of Development and Planning for review and approval in accordance with this Ordinance.

      (4)   Such applications shall include all information necessary to make determinations as to conformity with the provisions of this Ordinance as applicable to each such structure and, as applicable, conformity with the standards herein, including photographs or renderings of the front and side of the Modular and Manufactured Home, the exterior finish, and other information necessary to make a determination required by this Ordinance.

      (5)   Approval or denial of the application shall be within ten (10) working days of receipt of the applications and all required supporting materials. The applicant shall be notified in writing of the approval, conditional approval or denial of the application within five (5) working days after such decision is made. Conditional approval shall require that the conditions and reasons therefore be stated in writing and be agreed to by the applicant. Such conditions shall be binding upon the applicant. In the case of disapproval, the reasons therefore shall be stated in writing.

      (6)   Any person aggrieved by a decision of a Building Official or other officer, department board or bureau charged with the conditional approval or denial of the placement of modular homes or manufactured homes, may appeal such decision to the City of Mannington Board of Zoning Appeals pursuant to the provisions of the City Charter and the appropriate ordinances governing such appeal.
(Ord. 310. Passed 9-16-96.)

   For purposes of regulating the placement of Type II Manufactured Housing within the City, the following classification system shall be used:

   (a)   Class A. New manufactured housing certified as meeting the Manufactured Housing and Safety Standards of the Department of Housing and Urban Development and approved as meeting the acceptable similarity appearance standards contained within Section 1331.08 Standards for Determination of Acceptable Similarity in Exterior Appearance.

   (b)   Class B. New manufactured housing certified as meeting the Manufactured Housing and Safety Standards of the Department of Housing and Urban Development but not approved as meeting the acceptable similarity appearance standards contained within Section 1331.08 Standards for Determination of Acceptable Similarity in Exterior Appearance.

   (c)   Class C. Used manufactured housing certified as meeting the Manufactured Housing and Safety Standards of the Department of Housing and Urban Development or acceptable prior code found on inspection by the Building Official to be in excellent condition and safe and fit for residential occupation.

   (d)   Class D. Used manufactured housing, whether or not certified as meeting the Manufactured Housing and Safety Standards of the Department of Housing and Urban Development or acceptable prior code, found on inspection by the Building Official to be in fair or poor condition and not safe and/or not fit for residential occupancy.
(Ord. 310. Passed 9-16-96.)

   Class A Manufactured Housing shall be considered as a permitted use of single lots on record in R-1 and R-2 Residential Districts, subject to the requirements and limitations that apply to such residential use in the respective district; including minimum lot area, yard, setback, off-street parking and maximum height restrictions. Class A Manufactured Housing shall be subject to Section 1331.08 Standards for Determination of Acceptable Similarity in Exterior Appearance.

(Ord. 310. Passed 9-16-96.)

   Applications for approval of Class A Manufactured Housing shall be submitted to the Code Enforcement Officer in such a form as may reasonably be required to make a determination of compliance with Section 1331.08. In addition to such information that is required for obtaining a zoning permit and is necessary for administrating the provisions of the City Zoning Ordinance, such application shall include elevations or photographs of all sides of the manufactured house, exterior dimensions, roof slopes, exterior finish, type of foundation and any other information as required by the Code Enforcement Officer to make a Class A determination.

(Ord. 310. Passed 9-16-96.)

   Within thirty days of receipt of the application and submission of all required supporting materials, the Code Enforcement Officer shall make the Class A determination as to conformity with Section 1331.08 and shall notify the applicant of approval or denial of the application. In case of disapproval, the reasons for disapproval shall be stated in writing.

(Ord. 310. Passed 9-16-96.)

   (a)   Intent. It is the intent of these regulations to encourage the placement of moderate-income housing in a general residential environment by permitting the use of Class A Manufactured Housing, as defined herein in specified districts, subject to the requirements and procedures set forth herein to insure acceptable similarity in exterior appearance between Class A Manufactured Housing and site-built housing that has been built or might be constructed on adjacent lots in the same district.

   (b)   Minimum Dimensions Parallel to Principal Street Frontage. Class A Manufactured Homes shall be so located on lots that the portions nearest the principal street frontage are at least fifteen feet in total dimensions parallel to the street. Such dimensions shall be measured from outer extremities, including eaves.

   (c)   Minimum Width of Main Body. Minimum width of the main body of the Class A Manufactured Home as assembled on the site shall not be less than twenty-four feet, as measured across the narrowest portion.

   (d)   Minimum Distance, Eaves to Ridge; Roofing Materials. Minimum distance from eaves to ridge shall be twelve feet. In general, any roofing material may be used that is acceptable for site-built housing, is applied in such a manner as to be similar in appearance.

   (e)   Exterior Finish; Light Reflection. The exterior wall covering is required to be either:

      (1)   Wood or masonry finish, or its appearance; and/or

      (2)   Vertically or horizontally grooved siding or lap siding, or its appearance.

   (f)   Gutters and Downspouts Required. Manufactured homes shall be installed with gutters and downspouts in accordance with Section P.M. 506.1 of the BOCA Maintenance Code and with the applicable requirements of the Building Code.

   (g)   Permanent Perimeter Enclosure Required. Manufactured homes approved for placement within the City shall be set onto an excavated area with foundation, footings and crawl space or basement walls constructed in accordance with Section 502 of the CABO One and Two Family Dwelling Code, Appendix C. The space between the floor joist of the manufactured home and the excavated under floor grade shall be enclosed with a permanent blocked foundation. The crawl space shall be constructed with provisions made for cross ventilation as required by Section C-502.6 of the CABO One and Two Family Dwelling Code, Appendix C.

   (h)   Permanent Utility Connections Required. Manufactured homes approved for placement within the City in accordance with Section C-307 of the CABO One and Two Family Dwelling Code, Appendix C and the NFPA 70, National Electrical Code for One and Two-family Dwellings.

   (i)   Installation Requirements. Manufactured homes approved for placement within the City shall be anchored to the ground in accordance with the manufacturer's specifications and shall meet the requirements of the CABO One and Two Family Dwelling Code, Appendix C.

(Ord. 310. Passed 9-16-96.)

   A manufactured or mobile home considered as a legal nonconforming use within any district may be replaced by a Class A Manufactured Home upon application to the Code Enforcement Officer. The placement of such replacement manufactured home on the lot shall conform to all setback and yard requirements of the district in which it is located.

   In situations due to topography or to a minimum lot area, a legal nonconforming manufactured or mobile home may be replaced by a Class B or Class C Manufactured Home upon application for a variance and approval by the Board of Zoning Appeals.

(Ord. 310. Passed 9-16-96.)

   Class D Manufactured Homes found on inspection by the Building Officer to be in fair or poor condition and not safe and/or not fit for residential occupancy shall be prohibited for replacement within the City.

(Ord. 310. Passed 9-16-96.)