It is the intent of this article to maintain designated areas (manufactured home parks) and to provide regulations required within the town limits and one-mile extraterritorial jurisdiction for the placement of manufactured homes. This article regarding manufactured homes shall supersede all other ordinances pertaining thereto.

(Code 1995, § 155.086; Ord. of 6-3-2002(2), pt. 1, intro. ¶)

Manufactured homes and manufactured home parks are not a permitted use in any current town zoning districts with the exception that manufactured homes are allowed in current manufactured home parks and existing nonconforming manufactured home lots defined as nonconforming uses.

(Code 1995, § 155.088; Ord. of 6-3-2002(2), pt. 1, intro. ¶)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Campers ortravel trailers means a recreational vehicle that is intended to be transported over the streets and highways, either as a motor vehicle or attached to or hauled by a motor vehicle; and that is designed for temporary use as sleeping quarters, but that does not satisfy one or more of the definitional criteria of a manufactured home.

Manufactured home means a detached residential dwelling unit that does not meet the construction standards of the state building code, is more than 32 feet in length and more than eight feet wide designed for transportation after fabrication on its own wheels or on flatbeds or other trailers, and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for minor and incidental unpacking and assembly operation including, but not limited to, location of jacks or other temporary or permanent foundation, and connection to utilities. Travel trailers and campers shall not be considered manufactured homes.

Manufactured home, class A (doublewide), means a manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:

(1)

The home has a length not exceeding four times its manufactured width;

(2)

The pitch of the manufactured home's roof has a minimum vertical rise of 2 2/10 feet for each 12 inches at horizontal run (four inches in 12 inches) and the roof is finished with shingles; and

(3)

The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding, wood, or hardboard.

Manufactured home, class B (singlewide), means a manufactured home constructed after July 1, 1976, that meets or exceeds the standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction, but which does not meet the definition of a class A (doublewide) manufactured home.

Manufactured home, class C, means a manufactured home that does not meet the definition of either a class A or class B manufactured home. Class C manufactured homes are not allowed within the zoning jurisdiction of the town.

Manufactured home park means any lot or part thereof, or any parcel of land which is used or offered as a location for two or more manufactured homes, regardless of whether or not a change is made for such accommodations.

Modular home means a dwelling unit constructed in accordance with the state building code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent, completely enclosed foundation. This unit may consist of two or more sections transported to the site in a manner similar to a manufactured home, except that a modular home meets the state building code, or a series of panels or room sections transported on a truck and erected or joined together on the site.

(Ord. of 6-3-2002(2), pt. 1, § I)

Individual lot manufactured homes are not a permitted use in any town zoning district.

(Ord. of 6-3-2002(2), pt. 1, § II)

(a)

As of the date of enactment of the ordinance from which this article is derived, all existing manufactured homes in existing manufactured home parks are accepted ("grandfathered") as acceptable habitation, provided they meet all other standards for habitation set forth in this Code. As of the date of enactment of the ordinance from which this article is derived, any further manufactured homes to be placed in existing manufactured home parks within the town's jurisdiction shall meet all of the following requirements:

(1)

Manufactured homes shall be no older than ten years from the current date of permit application, verified through title or manufactured home dealer certification.

(2)

Prior to placement, all manufactured homes shall be thoroughly assessed by the town building inspector to ensure appropriate appearance, wear and tear, suitability of design, function of all features of habitation, interior and exterior finishes, foundations and roofing, which shall all be in good condition. Any deficiencies in the structural or physical condition of the manufactured home shall be noted by the building inspector and repaired by the party responsible before a certificate of occupancy is issued.

(3)

Manufactured homes located in an existing manufactured home park shall have a continuous masonry brick or vinyl perimeter foundation curtain wall.

(4)

Stairs, porches or entrance platforms, ramps or other means of entrance and exit to the manufactured home shall be installed and constructed in accordance with the state building code. Such shall be attached firmly to the primary structure or anchored securely to the ground. Steps shall be constructed of precast concrete, poured concrete, or constructed from pressure-treated wood. All steps shall be at least as wide as the door it serves. All steps leading into and out of the manufactured home shall have handrails located on both sides of the door.

(b)

All of the standards set forth in subsection (a) of this section shall be met prior to the connection of electrical, water and sewer services.

(Code 1995, § 155.090.1; Ord. of 5-10-2002; Ord. of 6-3-2002(2), pt. 1, § III)

Existing manufactured homes on nonconforming individual lots may be replaced with another manufactured home when they meet the following requirements:

(1)

When a manufactured home on a nonconforming individual lot is moved or rendered uninhabitable for any reason, a home may be replaced with a class A (doublewide) manufactured home meeting all other standards of this article within 180 contiguous days (six months) of the date it was moved or rendered uninhabitable.

(2)

If the identical nonconforming lot remains vacant 180 contiguous days (six months) after a manufactured home was removed from it or rendered uninhabitable for any reason, the lot shall not be permitted to be occupied by a manufactured home in the future.

(3)

All manufactured homes to be installed or set up to replace existing manufactured homes on nonconforming individual lots shall comply with the following supplementary regulations for manufactured homes:

a.

Manufactured homes shall be no older than five years from the current date of permit application, verified through title or manufactured home dealer certification.

b.

Prior to placement, all manufactured homes shall be thoroughly assessed by the town building inspector to ensure appropriate appearance, wear and tear, suitability of design, function of all features of habitation, interior and exterior finishes, foundations and roofing, which shall all be in good condition. Any deficiencies in the structural or physical condition of the manufactured home shall be noted by the building inspector and repaired by the party responsible before a certificate of occupancy is issued.

c.

Manufactured homes shall have a continuous masonry brick foundation curtain wall, unpierced except for required ventilation and access.

d.

Stairs, porches or entrance platforms, ramps or other means of entrance and exit to the manufactured home shall be installed and constructed in accordance with the state building code. Such shall be attached firmly to the primary structure or anchored securely to the ground. Steps shall be constructed of precast concrete, poured concrete, or constructed from pressure-treated wood. All steps shall be at least as wide as the door it serves. All steps leading into and out of the manufactured home shall have handrails located on both sides of the door.

All of the standards set forth in this subsection (3) shall be met prior to the connection of electrical, water and sewer services.

(Ord. of 6-3-2002(2), pt. 1, § IV)

Nonconforming manufactured home parks shall be allowed to fill vacant manufactured home spaces when the incoming manufactured homes meet the following requirements:

(1)

When a manufactured home in a nonconforming manufactured home park is moved or rendered uninhabitable for any reason, the vacated site may be filled with a class A (doublewide) or class B (singlewide) manufactured home meeting all other standards of this article provided the site is filled within 180 contiguous days (six months) of the date the site was vacated or the existing manufactured home was rendered uninhabitable.

(2)

If the identical vacated lot in a nonconforming manufactured home park remains vacant 180 contiguous days (six months) after a manufactured home was removed from it or rendered uninhabitable for any reason, the lot shall not be permitted to be occupied by a manufactured home in the future.

(Ord. of 6-3-2002(2), pt. 1, § V)

(a)

Mobile home parks shall meet the following standards and requirements:

(1)

All new mobile home parks and expansions to existing mobile home parks are required, from the effective date of the ordinance from which this article is derived, to comply with all applicable procedures and requirements herein noted. Any mobile home park failing to comply with the requirements as specified herein is declared to be a nonconforming use of land.

(2)

All mobile home parks developed after the effective date of the ordinance from which this article is derived shall continuously comply with the general requirements of this article. Failure to continuously meet each of the general requirements shall be grounds for the revocation of the certificate of occupancy.

(3)

Mobile home parks existing at the time of the adoption of the ordinance from which this chapter is derived shall be allowed to continue and are declared as a nonconforming use of land unless compliance is procured.

(4)

No mobile home park within the jurisdiction of the town shall be established, altered, or expanded until approval has been obtained from the zoning administrator.

(5)

Prior to construction of a new mobile home park or expansion of an existing mobile home park, the developer shall submit seven copies of the proposed mobile home park plan to the secretary of the planning board or his authorized agent. Said plan must be submitted at least 15 working days prior to a regularly scheduled meeting of the planning board.

(6)

The planning board shall review the proposed plan and forward its recommendations to the board of adjustment or zoning administrator within 45 days of its first consideration. Failure of the planning board to forward a recommendation within this specified time period shall constitute a favorable recommendation. The board's recommendation shall be submitted in writing to the chairman of the board of adjustment and to the petitioner.

(7)

Mobile homes shall not be sold within a mobile home park except under the following circumstances:

a.

An individual mobile home owner shall be allowed to sell the mobile home in which he resides;

b.

The park owner or operator shall be allowed to sell any mobile home which he owns so long as the mobile home is parked or located on an individual mobile space and is connected to the water, sewer, electric, and other utilities.

(8)

The transfer of title of a mobile home space or spaces, either by sale or any other manner, shall be prohibited within a mobile home park as long as the mobile home park is in operation.

(9)

Mobile home park identification signs shall not exceed 32 square feet in area. Only indirect, nonflashing lighting shall be used for illumination.

(10)

When a mobile home park is to be constructed that is not naturally screened, the owner of the park shall provide and maintain a 20-foot buffer strip along the adjacent boundary comprised of natural plantings of solid fencing a least five feet in height.

(11)

Within an approved mobile home park, one mobile home may be used as an administrative office.

(12)

Convenience establishments of a commercial nature shall be limited to coin-operated laundries if the following restrictions are followed:

a.

Such establishments shall be subordinate to the residential use and character of the parks;

b.

Such establishments shall present no visible evidence of their commercial intent beyond the confines of the park; and

c.

Such establishments shall be designed to accommodate needs of the park populace only.

(13)

Land contours with vertical intervals of not more than two feet shall be required on all mobile home parks plans.

(14)

Each mobile home space shall be clearly defined by means of concrete or iron pipe markers placed at all corners. Said markers shall be depicted in the proposed mobile home park plan.

(15)

Each mobile home space shall not be located on ground susceptible to flooding or is located within a floodway.

(16)

All mobile homes shall be located on individual mobile home spaces. Mobile home spaces served by a public water supply system and a public or community sewerage system shall contain at least 7,500 square feet of ground area. Mobile home spaces not served by a public water supply system but served by a public or community sewerage system shall contain at least 10,000 square feet of ground area. Mobile home spaces served by a public water supply system but not served by a public or community sewerage system shall contain at least 10,000 square feet of ground area. Mobile home spaces not served by a public water supply system and not served by a public or community sewerage system shall contain at least 20,000 square feet of ground area. Additional ground area may be required by the county health department for any mobile home spaces not served by a public water supply system and public or community sewerage system if found necessary in order to facilitate installation of safe and adequate water supply and sewage disposal facilities.

(17)

Each mobile home shall be located at least 20 feet from any other mobile home, at least 20 feet from any building within the mobile home park, at least 20 feet from any property line, and at least 20 feet from any street right-of-way.

(18)

Each mobile home park comprising more than 25 spaces shall provide 400 square feet of recreation area per mobile home space.

(19)

Convenient access to each mobile home space shall be provided by streets or drives with a minimum right-of-way of 50 feet, of which 24 feet shall be paved to state department of transportation standards for automobile circulation thereupon. The responsibility for maintenance shall be assumed by the park owner.

(20)

Permanent dead-end streets or cul-de-sacs shall not exceed 500 feet in length and shall be provided with a turnaround of at least 80 feet in diameter.

(21)

Streets or drives in the park shall intersect as nearly as possible at right angles, and no street shall intersect at less than 60 degrees.

(22)

Proper sight lines shall be maintained at all intersections of streets. Measured along the centerline, there shall be a clear sight triangle of 150 feet for those streets intersecting a right-of-way maintained by the state department of transportation. All interior drives shall maintain a sight distance triangle of 75 feet. No building or obstruction that impedes vision beyond the extent noted above shall be permitted in this area.

(23)

New street names shall not duplicate or be similar to existing street names in the town and shall be subject to the approval of the board of commissioners upon recommendation from the planning board.

(24)

Two automobile parking spaces shall be provided adjacent to each mobile home space but shall not be located within any public right-of-way or within any street in the park.

(25)

All mobile home parks not connected to the town's water system and comprising at least four spaces but not more than 14 spaces shall be required to submit water supply system plans to the county health department for approval.

(26)

All mobile home parks not connected to the town's water and comprising 15 or more spaces shall be required to submit water supply system plans to the sanitary engineering division of the state department of environment, health, and natural resources for approval.

(27)

Adequate and safe sewage disposal facilities shall be provided for all mobile home parks. Connection to the town's sewerage collection system is encouraged. Mobile home parks may provide their own collection and treatment system if approved by the state environmental management commission. Individual septic systems may be considered when approved by the county health department.

(28)

Each mobile home space shall be provided with at least a three-inch diameter sewer riser pipe where collection systems are provided. The sewer riser pipe shall be so located on each space that the sewer connection to the mobile home drain outlet will approximate a vertical position.

(29)

A two-foot by two-foot concrete apron shall be installed around all sewer connection riser pipes for support and protection. The sewer connection shall be located at a distance of at least 100 feet from the water supply.

(30)

The sewer connection shall meet the state plumbing code and shall have a nominal inside diameter of at least three inches, and the slope of any position thereof shall be at least one-fourth inch per foot. The sewer connection shall consist of one pipeline only without any branch fittings. All joints shall be watertight, inclusive of the connection from the trailer to the sever riser pipe.

(31)

All material used for sewer connections shall be semirigid, corrosion-resident, nonabsorbent, and durable. The inner surface shall be smooth, as required by the state plumbing code.

(32)

Provision shall be made for plugging a sewer pipe when a mobile home does not occupy the space. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four inches above ground elevation.

(33)

The storage, collection, and disposal of solid waste in a mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accidents or fire hazards, or pollution.

(34)

All mobile home parks served by the town's solid waste collection shall comply with the town's regulations. All mobile home parks which contract with a private solid waste collection company or provide their own shall provide flytight, watertight, rodentproof containers with capacities between 32 gallons and 90 gallons which shall be located not more than 150 feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all solid waste containing garbage. The mobile home park management shall be responsible for the proper storage, collection, and disposal of solid waste.

(35)

Stands shall be provided for all containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate on-site maintenance.

(36)

All solid waste containing garbage shall be collected at least once a week. Where suitable collection service is not available from municipal or private agencies, the mobile home park owner shall provide the service. All solid waste containing garbage shall be collected and transported in covered vehicles or covered containers.

(37)

Where municipal or private service is not available, the mobile home park operator shall dispose of the solid waste by transporting to a disposal site approved by the county health department.

(38)

Grounds, buildings, and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform to the requirements of the county health department.

(39)

Parks shall be maintained free of accumulation of debris which may provide rodent harborage of breeding places for files, mosquitoes, and other similar pests.

(40)

Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe, and other building material shall be stored at least one foot above ground.

(41)

As the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable material.

(42)

The growth of brush, weed, and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.

(43)

All streets in the mobile home park shall be adequately illuminated from sunset to sunrise. The minimum size street light shall be a 175-watt sodium vapor (approximately 9,500 lumen class), or it equivalent, spaced at intervals of not more than 300 feet and the locations of which shall be depicted upon the mobile home park plat.

(44)

Compliance with the Sedimentation Pollution Control Act of 1973 shall be procured if one acre of land or more is disturbed.

(b)

Any person who shall violate any of the provisions of this section shall be subject to the penalty provisions provided in this chapter.

(Code 1995, § 155.090; Ord. of 6-1-1992; Ord. of 6-3-2002)