It is the intent of this article to provide regulations required within the town limits and one-mile extraterritorial jurisdiction regarding the placement of modular and mobile office facilities.

(Code 1995, § 155.094; Ord. of 6-3-2002(2), pt. 2, intro. ¶)

Modular and mobile office buildings are permitted in any town zoning jurisdiction on a temporary basis during the construction of a permanent building. Following construction, the mobile office or modular office is to be removed with the expiration of the building permit or issuance of the certificate of occupancy for the permanent structure. Modular facilities may be permitted for longer periods in certain town commercial zoning districts as a special use after satisfying certain conditions and stipulations described herein.

(Code 1995, § 155.096; Ord. of 6-3-2002(2), pt. 2, 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:

Mobile office buildings/facilities means a complete, ready-to-use building assembled in a manufacturing plant and transported to the building site, designed primarily for the construction trade to house administrative activities, tools, and blueprints during the erection of a permanent building. Mobile office facilities do not meet the state building code, and are allowed within any zoning jurisdiction of the town strictly on a temporary basis in conjunction with the issuance of a building permit for a permanent structure.

Modular office buildings/facilities means an office or commercial facility constructed in accordance with the state building code and completed as a unit ready for use, or 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 one or more sections transported to the site either as a complete unit, or as 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. 2, § I)

Modular facilities may be placed within any districts of the town zoning jurisdiction when they are granted a special use permit and meet all of the following requirements:

(1)

Special use permits may be issued by the town building inspection official for long-term (permanent) placement of modular office facilities if certain findings of fact have been satisfied. These findings include, but are not limited to, the following:

a.

An administrative fee of $300.00 shall be paid to the town for all requests for special use permits under this article in order to cover costs of operations, advertising, and overtime incurred in this process.

b.

All requested special use permits shall be heard by the town planning board in a public hearing, for which the normal rules for open meetings shall apply.

c.

At least 30 days prior to the hearing for the request for a special use permit, a sign shall be safely and prominently erected by the town on the property in question. The sign shall be not less than 15 square feet in area, with lettering not smaller than five inches in contrasting colors, bearing the town seal and the words "Special Use Permit Applied For, Public Hearing, (date), (location), and (time)" and the phone number of the building official. This sign shall be removed promptly following the hearing and shall not be found in violation of any sign ordinances of the town. If the property fronts more than one street, a duplicate sign shall be erected facing each street.

d.

All adjoining property owners within 500 feet of any edge of the affected property shall be notified in writing at least 30 days prior to any public hearing, the cost of delivery/postage being paid by the applicant in addition to any other fees.

e.

During the public hearing, the planning board shall be responsible for review of diagrams, blueprints, charts or drawings of the proposed modular facility and its proposed placement; exterior architectural features; exterior finishes; foundation size, type and materials; window type, size and percentage of wall space perforated by windows; door size and composition; porch, awning, eave and overhangs; roofing materials; and roof pitch. All must reflect the architectural vernacular of the district or neighborhood into which the modular facility is to be placed, or an improvement thereon.

f.

In its review, the planning board is to ensure that modular facilities shall be located on their lots in a manner consistent with the district into which the modular facility is being placed, or in a manner that clearly improves the streetscape, safely provides for all modes of access and improves the community.

g.

All modular facilities shall be generally perpendicular and/or parallel to their lot lines unless stipulated otherwise by a simple majority vote of the town planning board.

h.

All modular facilities shall be located on lots meeting the requirements of the zoning district.

i.

All mobile offices/modular facilities shall be no older than one year from the current date of permit application, verified through title or dealer certification.

j.

All modular facilities shall have any removable towing/transportation apparatus removed.

k.

Interior and exterior finishes, foundations and roofing shall be in good condition. Any deficiencies in the structural or physical condition of the manufactured home shall be noted by the building official and repaired by the party responsible before a certificate of occupancy is issued.

l.

Stairs, porches or entrance platforms, ramps or other means of entrance and exit to the modular facility shall be installed and constructed in accordance with the state building code, and the U.S. Department of Justice, Americans with Disabilities Act (ADA, 1990). Such shall be attached firmly to the primary structure or anchored securely to the ground. All steps shall be at least as wide as the doors they serve. Steps shall be constructed of precast concrete, poured concrete or masonry. All steps leading into and out of the modular facility shall have handrails located on both sides of the door. Pressure-treated wood shall not be used except for guardrails, landscaping and pickets only.

m.

The setup of a modular facility shall be in accordance with the state building code, as applicable.

All of these standards shall be met prior to the connection of electrical, water and sewer services.

(2)

Upon compliance with open meeting directives and public notice requirements, the planning board, by a vote of a majority of its members present and voting, may recommend to the board of commissioners that a special use permit be issued in accordance with this section.

(Code 1995, § 155.098; Ord. of 6-3-2002(2), pt. 2, § II)

When a modular facility in the town zoning jurisdiction is moved or rendered uninhabitable for any reason, the modular facility may be replaced with a modular facility meeting all other standards of this article.

(Code 1995, § 155.100; Ord. of 5-10-2002; Ord. of 6-3-2002(2), pt. 2, § III)