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New Whiteland City Zoning Code

MANUFACTURED HOUSING

AND MOBILE HOMES

§ 156.405 MANUFACTURED OR MOBILE HOME COMMUNITY OR PARK DISTRICT (MH).

   The purpose of the MH District is to accommodate the housing needs of those residents who prefer manufactured or mobile home living and of those who desire an economic alternative to conventional dwellings. The term mobile home when used in this section shall denote either a manufactured home or a mobile home, both of which are more specifically defined in § 156.410 of this chapter, and the term mobile home park when used herein shall mean a parcel of land platted for subdivision upon which five or more manufactured or mobile homes are harbored for the purpose of being occupied as principal residences.
(2004 Code, § 8-100)

§ 156.406 CONFLICT WITH OTHER APPLICABLE REGULATIONS.

   (A)   Whenever there is a conflict between the provisions of this subchapter and other sections of this chapter, the provisions of this section shall prevail.
   (B)   Subjects not covered by this section shall be regulated by the respective sections found elsewhere in this chapter.
(2004 Code, § 8-200)

§ 156.407 PERMITTED USES.

   (A)   The following uses and others listed in the official Schedule of Uses shall be permitted in the MH District.
   (B)   All uses in the MH District shall conform to the MH development regulations of § 156.414 of this chapter and the MH general requirements of § 156.415 of this chapter.
(2004 Code, § 8-300)

§ 156.408 MOBILE DWELLING PROJECTS.

   (A)   Mobile dwelling projects are subject to all development regulations of § 156.414 of this chapter, including the 25-acre minimum project area requirement.
   (B)   Each permitted manufactured or mobile home within a mobile home park shall be limited to one-family use and occupancy.
(2004 Code, § 8-301)

§ 156.409 TEMPORARY AND ACCESSORY USES.

   (A)   Temporary uses are permitted, as regulated in §§ 156.370 through 156.373 of this chapter.
(2004 Code, § 8-302)
   (B)   Accessory uses, subject to the accessory use requirements of § 156.250 of this chapter:
      (1)   Manager’s office and apartment;
      (2)   Project maintenance equipment storage facility;
      (3)   Common recreation and service buildings and areas, including laundry facilities;
      (4)   Open storage area;
      (5)   Accessory parking areas;
      (6)   Carports, canopies, covered patios, storage rooms, porches, awnings, swings and other play structures or equipment, provided the height thereof shall not exceed ten feet measured from the finished manufactured or mobile home lot grade, and that floors of carports, patios, storage rooms and porches shall be of concrete or other permanent hard surface material; and
      (7)   Wholesale and retail sales of manufactured or mobile homes conducted as a business by dealers or manufactured or mobile home project owners/operators shall be prohibited in the MH District; except, however, a manufactured or mobile home project owner/operator may display not more than three “model” manufactured or mobile home units on lots in the interior of the project; provided, such model units shall not be displayed for sale or removal outside the project; and, further provided that, no signs relative to the “model” units shall be installed as to be visible to the public outside the project. A model home sign, as regulated in § 156.335 of this chapter, shall be permitted for each “model” manufactured or mobile home; provided further, however, nothing contained herein shall restrict the right of any individual owner of any mobile dwelling unit to sell or lease such unit.
(2004 Code, § 8-303)

§ 156.410 CLASSIFICATION DEFINITIONS.

   For the purposes of this chapter, manufactured homes and mobile homes shall be classified as follows.
(2004 Code, § 8-400)
   TYPE I MANUFACTURED HOME. Shall:
      (1)   Have more than 950 square feet of occupied space in a double-section or larger multi-section unit;
      (2)   Have a minimum width of 23 feet;
      (3)   Be placed onto a permanent foundation;
      (4)   Utilize a permanent perimeter enclosure in accordance with approved installation standards, as specified in § 156.411 of this chapter;
      (5)   Be anchored to the ground, in accordance with the One- and Two-Family Dwelling Code and to the manufacturer’s specifications;
      (6)   Have wheels, axles and hitch mechanisms removed;
      (7)   Have utilities connected, in accordance with the One- and Two-Family Dwelling Code and manufacturer’s specifications;
      (8)   Have siding material of a type customarily used on site constructed residences; and (See § 156.412 of this chapter for approved material list.)
      (9)   Have roofing material of a type customarily used on site constructed residences. (See § 156.412 of this chapter for approved materials list.)
   TYPE II MANUFACTURED HOME. Shall:
      (1)   Have more than 700 square feet of occupied space in a single, double, expando or multi-section unit (including those with add-a-room units);
      (2)   Have a minimum width of 12 feet;
      (3)   Be placed onto a support system, in accordance with installation standards, as specified in § 156.411 of this chapter;
      (4)   Be enclosed with foundation siding/skirting, in accordance with approved installation standards, as specified in § 156.411 of this chapter;
      (5)   Be anchored to the ground, in accordance with manufacturer’s specifications or the ANSI/NFPA 501 A Installation Standards;
      (6)   Have utilities connected in accordance with manufacturer’s specifications or the ANSI/NFPA 501 A Installation Standards;
      (7)   Have siding material of a type customarily used on site constructed residences (see § 156.412 of this chapter for approved material list); and
      (8)   Have roofing material of a type customarily used on site constructed residences (see § 156.412 of this chapter for approved material list).
(2004 Code, § 8-401)

§ 156.411 INSTALLATION STANDARDS.

   (A)   Permanent perimeter enclosure.
      (1)   Those manufactured homes designated in this chapter as requiring a permanent perimeter enclosure must be set onto an excavated area, with foundations, footings and crawl space or basement walls constructed in accordance with the terms of the One- and Two-Family Dwelling Code.
      (2)   The space between the floor joists of the home and the excavated underfloor grade shall be completely enclosed with the permanent perimeter enclosure (except for required openings).
(2004 Code, § 8-501)
   (B)   Foundation siding/skirting.
      (1)   All manufactured or mobile homes without a permanent perimeter enclosure shall have an approved foundation siding/skirting enclosing the entire perimeter of the home. Foundation siding/skirting and back-up framing shall be weather-resistant, non-combustible or self-extinguishing materials, which blend with the exterior siding of the home. Below grade level and for a minimum distance of six inches above finish grade, the materials shall be unaffected by decay or oxidation. The siding shall be installed in accordance with manufacturer’s recommendations or approved equal standards.
      (2)   The siding shall be ventilated by openings, which shall have a net area of not less than one and one-half square feet for each 25 linear feet of exterior perimeter. The openings shall be covered with corrosion resistant wire mesh not larger than one-half inch in any dimension. The underfloor area shall be provided with an 18-inch by 24-inch minimum ducts, or other construction interfering with the accessibility of the underfloor space, or other approved access mechanism.
(2004 Code, § 8-502)
   (C)   Support system.
      (1)   Type I manufactured homes. All Type I manufactured home load-bearing foundations shall be installed in conformance with the regulations in the One- and Two-Family Dwelling Code and with the manufacturer’s installation specifications.
(2004 Code, § 8-503)
      (2)   Type II manufactured homes. All Type II manufactured homes not placed on a permanent foundation, shall be installed on a support system in conformance with the manufacturer’s installation specifications or with the support systems regulations in the ANSI/NFPA 501 A 1977 installation standards.
(2004 Code, § 8-504)

§ 156.412 APPROVED MATERIALS FOR TYPE I AND TYPE II MANUFACTURED HOMES.

   (A)   Siding materials. The following siding materials are approved for usage on residential Type I and Type II manufactured homes:
      (1)   Residential horizontal aluminum lap siding;
      (2)   Residential horizontal vinyl lap siding;
      (3)   Cedar or other wood siding;
      (4)   Wood grain, weather resistant, press board siding;
      (5)   Brick or stone siding; and
      (6)   Other approved siding materials which are aesthetically compatible.
(2004 Code, § 8-601)
   (B)   Roofing materials. The following roofing materials are approved for usage on residential design Type I and Type II manufactured homes:
      (1)   Asbestos shingles on a roof pitched according to the design specifications of the shingles;
      (2)   Fiberglass shingles on a roof pitched according to the design specifications of the shingles;
      (3)   Shake shingles on a roof pitched according to the design specifications of the shingles;
      (4)   Asphalt shingles on a roof pitched according to the design specifications of the shingles; and
      (5)   Tile materials on a roof pitched according to the design specifications of the materials.
(2004 Code, § 8-602)

§ 156.413 MOBILE HOME PARK APPLICATION PROCEDURES.

   (A)   General. The applicant for a mobile home park (owner or person with consent of owner) shall file the following documents with the Plan Commission at least 15 days prior to the public hearing at which the development plans are to be presented for consideration:
      (1)   Development plans: two copies;
      (2)   Letter of intent: two copies; and
      (3)   Zoning petition: two copies.
(2004 Code, § 8-700)
   (B)   Public notification. The applicant shall provide the Plan Commission with a legal affidavit for proof of one publication of public notice prior to the hearing. If the applicant is petitioning for rezoning of property for mobile home park use, the applicant shall also provide the Plan Commission with proof that all property owners within 600 feet and/or two properties whichever is greater distance from said property have been given notice of the public hearing and petition. Mail receipts and proof of publication affidavits must be submitted at least two working days prior to the hearing. All costs for public notification shall be borne by the applicant.
(2004 Code, § 8-701)
   (C)   Preparation of development plans. All development plans for a mobile home park shall contain the following information:
      (1)   A vicinity key map at an appropriate scale;
      (2)   Description:
         (a)   Name and address of applicant;
         (b)   Proposed name of such mobile home park;
         (c)   Location by quarter section, township and range, or by other legal descriptions, and city, town or civil township;
         (d)   Name, address and seal of registered professional engineer or land surveyor preparing the plan; and
         (e)   Scale of the plan, north point and date.
      (3)   Existing conditions:
         (a)   Boundary line of proposed mobile home park indicated by solid heavy line;
         (b)   Location, width and names of all existing or prior dedicated streets or public ways abutting or in said area of the proposed mobile home park, railroad and utility rights-of-way, parks and other public open spaces within said area, and location of permanent buildings or structures;
         (c)   Any existing sewers, water mains, culverts, drainage tile or underground facilities within the area of the proposed mobile home park;
         (d)   Existing zoning of proposed mobile home park and adjacent tracts; and
         (e)   Other conditions on the tract such as watercourses, marshes, rock outcrop, wood areas and the like.
      (4)   Proposed conditions:
         (a)   Layout of streets and sidewalks with width thereof, whether dedicated or private street, together with typical cross-section;
         (b)   Layout of any alleys, crosswalks and easements;
         (c)   The dimensions and number of lots;
         (d)   Land to be set aside for common use of the tenants of the mobile home park;
         (e)   All setback lines;
         (f)   Location of all proposed permanent buildings, storage area, office and community center; and
         (g)   Sanitary sewer system, storm sewer system, off-site drainage system or similar related items.
(2004 Code, § 8-702)
   (D)   Preparation of improvement plan. At the time of filing the development plan, the applicant shall also file two copies of the proposed improvement plans which shall contain the following information:
      (1)   Description. The same information as outlined in preparation of development plan in divisions (B)(1) through (B)(4) above; and
      (2)   Proposed conditions.
         (a)   Plan and profile sheets of the proposed mobile home park streets, including typical cross-section showing pavement design; and
         (b)   Plans for the proposed handling of surface water drainage, including plan and profile sheets of storm sewers, if included in the proposed improvements.
(2004 Code, § 8-703)
   (E)   Public hearing. The Plan Commission shall hold a public hearing prior to granting approval of any mobile home park plans. The applicant shall give at least 15 days’ notice prior to such hearing as prescribed in this section. The applicant shall also meet the public notification requirements as prescribed in this section. Either the applicant or his or her designated representative shall attend the public hearing. Such notification and attendance requirements shall be a condition precedent to the right of the Plan Commission to conduct such hearing. At the hearing, the Commission may approve, deny, modify or take under advisement the plans presented by the applicant. If the plans are modified or denied by the Commission, the Commission shall promptly notify the applicant of such action, together with the reasons for such modification or denial. The Plan Commission may, at its own discretion, require the applicant to submit their development and improvement plans to the county’s Drainage Board for approval.
(2004 Code, § 8-704)

§ 156.414 MOBILE HOME PARK DEVELOPMENT REGULATIONS.

   The design requirements of a mobile home park are as follows.
(2004 Code, § 8-800)
   (A)   Minimum area. Each mobile home park shall contain a minimum of 25 acres of total area.
(2004 Code, § 8-801)
   (B)   Maximum building height. All structures and buildings: 25 feet.
(2004 Code, § 8-802)
   (C)   Hazards to health and safety. Conditions of soil, ground water level, drainage, geologic structures and topography shall not create hazards to the park site or to the health and safety of occupants, nor shall the site be subject to the hazards of objectionable smoke, odor or noise, or the possibility of subsidence, sudden flooding or severe erosion.
(2004 Code, § 8-803)
   (D)   Setback of mobile home park. The minimum setback of a mobile home park exterior boundary where such park abuts a public street right-of-way shall be as shown herein.
(2004 Code, § 8-804)
   (E)   Access to public thoroughfare. Mobile home parks shall have direct access to an adequate public thoroughfare with a minimum 150-foot frontage thereon for the proper construction of entrances and exits. Such entrances and exits shall be designed for the safe movement of mobile homes into and out of the park.
(2004 Code, § 8-805)
   (F)   Streets.
      (1)   Public streets and private interior access roads or driveways shall be provided in accordance with §§ 156.357 and 156.358 of this chapter and shall also meet the minimum standards for design and construction as required in Ch. 155 of this code of ordinances.
      (2)   Private interior access roads (in addition to the requirement of division (F)(1) above) shall be constructed with curbs and gutters and shall have a minimum width, including curbs and gutters, of:
         (a)   One-way, no parking: 27 feet;
         (b)   One-way, parking on one side only: 36 feet;
         (c)   Two-way, no parking: 12 feet;
         (d)   Two-way, parking on one side only: 20 feet; and
         (e)   Two-way, parking on both sides: 20 feet.
(2004 Code, § 8-806)
   (G)   Sidewalks. A paved sidewalk shall be installed on both sides of each mobile home park street. The minimum width of such sidewalks shall be four feet and the minimum thickness shall be four inches. Sidewalks may abut a curb, but shall not intersect a driveway or street so as to be subjected to vehicular traffic or parking.
(2004 Code, § 8-807)
   (H)   Off-street parking spaces. Each mobile home space shall be provided with at least two paved off-street parking spaces adjacent thereto, which parking spaces shall have unobstructed access to a mobile home park street.
(2004 Code, § 8-808)
   (I)   Mobile home stands. Mobile home stands must be so located within the mobile home space that when occupied by a mobile home, the clear distance between a mobile home and any adjacent mobile home will not be less than 25 feet, except end to end clear distance which may not be less than 15 feet. The clear distance between mobile homes located on spaces which are on a cul-de-sac shall be at least 20 feet. In any case, the back side (side opposite the main entrance) of a mobile home shall be no closer than ten feet to the sideline of the mobile home space that it occupies.
(2004 Code, § 8-809)
   (J)   Setback from permanent buildings. No mobile home shall be located closer than 20 feet to any permanent building within the mobile home park or closer than 50 feet wherever the project abuts adjoining perimeter property.
(2004 Code, § 8-810)
   (K)   Mobile home spaces. Each mobile home park shall provide mobile home spaces, and each such space shall be clearly defined or delineated. Each space shall have an area of not less than 3,200 square feet or three times the mobile home living space area, whichever is greater; exclusive of roadways; provided, however, that, mobile home parks which, at the time of the adoption of this chapter, existed lawfully or whose plans were approved with mobile home spaces that do not comply with any of the foregoing minimum area and width or minimum average widths required, may continue to operate and shall be excused from such existing spaces only.
(2004 Code, § 8-811)
   (L)   Interior front line setback. No mobile home shall be located closer than 15 feet to the curb of any interior street within the project.
(2004 Code, § 8-812)
   (M)   Storage sheds.
      (1)   In order to provide adequate storage facilities on or conveniently near each mobile dwelling side for the storage of outdoor equipment, furniture and tools, and other materials used only seasonally or infrequently, or incapable of convenient storage within the mobile dwellings, a minimum of 150 cubic feet for general storage space per mobile dwelling unit shall be provided on the mobile dwelling lot, or in compounds located within reasonable distance thereof, generally not more than 100 feet from each mobile dwelling. Each such storage facility shall be constructed and located in conformity with the approved development plan required by § 156.413(A) of this chapter; provided, however, that, the following minimum setbacks are met:
         (a)   Side yard: three feet;
         (b)   Rear yard: three feet; and
         (c)   Front yard: ten feet or mobile home setback line, whichever is greater.
      (2)   Storage sheds shall be free standing and not attached to the mobile home itself. Sheds shall set a minimum of three feet from a mobile home.
(2004 Code, § 8-813)
   (N)   Patios and stands. All mobile dwelling lots shall be improved as follows.
      (1)   A minimum of 50 square feet of asphaltic or portland cement concrete walkway or patio connecting the mobile dwelling with its off-street parking area shall be provided at the mobile home front door location.
      (2)   Concrete runners, concrete pillars or a paved stand shall be provided to accommodate each mobile dwelling. An anchoring system shall be provided in accordance with the manufacturers specifications or the ANSI/NFPA A Installation Standards.
      (3)   Stand shall be defined as the area reserved for the placement of a mobile dwelling, appurtenant structure and any additions thereto, including necessary electrical, plumbing and other utility installations.
(2004 Code, § 8-814)
   (O)   Skirting of mobile homes. Skirting of mobile homes is required and shall be of fireproof material and of uniform appearance. See § 156.411 of this chapter for requirements. Areas enclosed by such skirting shall be so maintained so as not to provide harborage for rodents or create a fire hazard. Easy access to utility service lines and pipes shall be provided.
(2004 Code, § 8-815)
   (P)   Utility line shut-off valve. Any utility pipes, lines or hoses which serve a mobile home with water, fuel oil, natural gas or other similar resources shall provide shut-off valves which are easily accessible, either above grade or in a meter pit or box.
(2004 Code, § 8-816)
   (Q)   Minimum recreational and open space areas. Developed recreational and common open space areas equal to, at a minimum, 8% of the total area of the mobile dwelling project shall be required.
      (1)   Developed recreational areas may include, but shall not be limited to, such facilities as playground, tot lots, swimming pools, shuffleboard courts and common recreational buildings. An imaginative approach to the provision and design of such areas is encouraged. Project recreational needs will depend upon such factors as project site, size and the anticipated age characteristics of the residents. These areas shall be appropriately located within the project with respect to the residents they are designed to serve and with regard to adjacent land uses.
      (2)   Common open space areas are those areas within the project set-aside for the common use of all project residents. The general design of these areas should demonstrate an awareness of their intended use for passive enjoyment. Utilization of common open space areas may be enhanced by improvements such as walkways, meandering trails, benches, flowers, shrubs and tree plantings, while still maintaining their natural open character.
      (3)   Other items such as drainage swales may be included as open space if, through proper design, they add favorably to the open space inventory and site development of the project and do not present a health or safety hazard to project residents. Minimum required yards shall be excluded from the computation of developed recreational and common open space area requirements.
      (4)   Off-street pedestrian ways and/or bike paths shall be constructed where necessary to provide safe access to recreational and other service areas. Such off-street pathways should be at least three feet wide and paved with an all-weather hard-surfaced material.
(2004 Code, § 8-817)
   (R)   Minimum parking area.
      (1)   A minimum of two paved off-street parking spaces shall be required for each mobile dwelling.
      (2)   One parking space for each 180 square feet or fraction thereof of gross floor area shall be required for the manager’s office (not including storage space), and one parking space for each 300 square feet or fraction thereof of gross floor area shall be required for any common recreation buildings located within the mobile dwelling project.
      (3)   Off-street parking facilities shall be provided and maintained in accordance with §§ 156.315 through 156.322 of this chapter.
      (4)   Off-street parking areas shall not be permitted in any required yard abutting a perimeter public street.
(2004 Code, § 8-818)
   (S)   Screening, landscaping, lighting and grounds maintenance.
      (1)   Screening.
         (a)   Front yards. An ornamental, decorative fence or masonry wall, not more than two and one-half feet in height if solid, or six feet if open, may be used in conjunction with the required landscaping.
         (b)   Side and rear yards. An ornamental, decorative fence or masonry wall may be used in conjunction with the required landscaping; provided, however, if any portion of a side or rear yard abutting a residential or agricultural district is used for a driveway or off-street parking area, there shall be provided and maintained along the entire length of such lot line to the front setback line, a wall or fence of ornamental block, brick, solid wood fencing or combination thereof. Said wall or fence shall be at least six feet in height and shall be constructed to such height to restrict any view there through.
      (2)   Landscaping.
         (a)   Landscaping of all required perimeter yards shall consist of trees, shrubs, evergreens, grasses or ground cover materials, planted or transplanted and maintained, or preserved as existing natural vegetation areas (woods, thickets and/or meadows). There shall be one tree planted at a maximum of every 25 feet on center of linear distance along all perimeter yard property lines. Trees may be planted in groups as close as 12 feet on center. Trees shall be deciduous and/or evergreen with a spreading branch habit. A group of shrubs may be substituted for a tree upon approval by the Zoning Administrator and shall be planted five feet or less on center. All trees shall be under planted with creeping red fescue and/or bluegrass sod or seed, Euonymus Coloratus Fortuni, Vinca Minor, English Ivy or the equivalent thereof.
         (b)   Groups of prostrate deciduous or evergreen shrubs may be used as ground cover upon approval by the Zoning Administrator.
         (c)   The size of all required landscape plant materials planted on the site shall be as follows:
            1.   Deciduous trees: two and one-half- to three-inch caliper or larger at one foot above the ground;
            2.   Evergreen trees: five feet in height or larger;
            3.   Deciduous shrubs: four to five feet in height; and
            4.   Evergreen shrubs: 30- to 36-inch spread or larger.
         (d)   Deciduous shrubs used for hedges shall be planted an average of 42 inches or less on center. Evergreen trees and shrubs used for hedges shall be planted an average of 24 inches on center.
         (e)   All trees, shrubs and evergreens shall be planted an average of 42 inches or less on center. Evergreen trees and shrubs used for hedges shall be planted an average of 24 inches on center.
         (f)   The removal from a minimum required front, side or rear yard of any existing deciduous tree over two and one-half-inch caliper or shrub or evergreen tree over five feet in height, must first be approved by the Zoning Administrator.
         (g)   All existing trees larger than ten-inch caliper at one foot above the ground which are to be preserved shall be maintained without injury and with sufficient area for the root system to breathe. Care, such as providing temporary protective fencing, shall be taken to prevent alteration, compaction or increased depth of the soil in the root system area during and after construction. Construction shall not be any closer than the drip line (branch tips) of a tree unless approved by the Zoning Administrator.
         (h)   The Zoning Administrator upon request by the applicant and upon receiving a suitable alternative plan, shall have the power to modify or waive any landscape requirements deemed by the Zoning Administrator to be unfeasible or unreasonably burdensome. Such modification or waiver shall be in writing and shall become a part of the file for the improvement location permit.
      (3)   Lighting.
         (a)   All access entrances, interior streets and intersections, dead ends, aspices of curves, open storage areas, walks and passive and active recreation areas shall be provided with lighting devices to adequately illuminate these areas. The lighting devices shall be so located, shielded and directed that they do not glare onto or interfere with internal or external street traffic or property uses. Recommended illumination levels are:
            1.   Access entrances: 1.0 footcandle;
            2.   Interior streets and open storage: 0.4 footcandle;
            3.   Walkways and passive recreation areas: 0.2 footcandle; and
            4.   Active recreation areas: 10.0 footcandles.
         (b)   Lighting devices may be mounted at heights beginning at (or slightly below) ground level to 42 inches above ground or from ten to 30 feet above ground. Spacing of all lighting devices shall be determined by the height above ground level and maximum footcandles of each device in conjunction with their capacity to adequately illuminate the required area. Maximum spacing distance, at 30 feet maximum height, shall be 150 feet. All lighting for private streets and roadways shall require the approval of the Zoning Administrator.
      (4)   Grounds maintenance. The project management shall:
         (a)   Maintain the entire site in a safe, neat and clean condition, free from litter, trash, debris and junk;
         (b)   Maintain all sidewalks, pedestrian ways, interior streets and roadways, and parking facilities in good repair and reasonably free of dirt, water, ice and snow;
         (c)   Maintain the landscaping by keeping lawns mowed and all plants properly pruned or replaced when needed, except in natural vegetation areas; and
         (d)   Provide sanitary refuse disposal facilities as required by Rule 410 I.A.C. 6-6 of the state’s Board of Health.
(2004 Code, § 8-819)
   (T)   Maximum mobile home density. A maximum of five mobile homes and/or manufactured homes per acre shall be permitted. This maximum shall be determined from the gross acreage of the mobile home park.
(2004 Code, § 8-820)

§ 156.415 GENERAL REQUIREMENTS FOR MANUFACTURED OR MOBILE HOME COMMUNITIES OR PARKS.

   (A)   Prohibited uses. It shall be unlawful for any person to keep, park, store or maintain any mobile home within the town’s jurisdiction that does not comply with the requirements of this section. It shall be understood that this regulation does not pertain to vehicles classified as “campers” or “recreational vehicles”.
(2004 Code, § 8-900)
   (B)   Attachment or addition. Any action to attach a mobile home to the ground by means of posts, piers, foundations or otherwise, or to add thereto in any way shall be subject to the requirements of the Building Code of the town as well as this chapter and, if said Building Code does not permit the addition, said addition shall be prohibited.
(2004 Code, § 8-902)
   (C)   Damaged or dilapidated mobile homes. Wrecked, damaged or dilapidated mobile homes shall not be kept or stored either within or without a mobile home park at any time. The Zoning Administrator shall determine if a mobile home is damaged or dilapidated to a point which makes said mobile home unfit for human occupancy on either a temporary or permanent basis. Whenever such a determination is made, the mobile home shall be vacated and removed from the premises.
(2004 Code, § 8-903)
   (D)   Storage of equipment or materials. No person shall store lawn equipment, lawn chairs, bicycles, toys, utensils, lumber, debris or any other item outside of any enclosure fully screened from view. It is not the intent of this division (D) to prohibit furniture and recreational equipment designed for outdoor use. The intent is to encourage the use of a garage or storage shed for the storing of items such as those enumerated in this division (D).
(2004 Code, § 8-904)
   (E)   Prerequisites for moving mobile homes into parks. No mobile home shall be moved into any mobile home park until the terms and conditions of the improvement location permit have been fully satisfied and all construction therein completed throughout the entire park area; provided, however, that, a staged development plan for a mobile home park may be filed and, if approved by the Plan Commission, the mobile home park may be occupied in accordance with the terms and conditions of that part of the stage of development as set forth in the plan.
(2004 Code, § 8-905)
   (F)   Proper zoning required. All mobile home parks shall be located as provided in this chapter. All proposed mobile home parks must obtain proper zoning (MH District) through the normal procedures for re-zoning as set forth in this chapter.
(2004 Code, § 8-906)
   (G)   Storage buildings. A storage building shall be provided in each park for inside storage of all equipment and other items used to maintain the park.
(2004 Code, § 8-907)
   (H)   Water supply.
      (1)   An adequate supply of pure water for drinking and domestic purposes shall be supplied to all service buildings and to all mobile home spaces within the park to meet the occupancy requirements of the park.
      (2)   Each mobile home space shall be provided with a cold water tap at least four inches above the ground. Said tap shall have a shut-off valve that meets current Plumbing Code requirements.
(2004 Code, § 8-908)
   (I)   Electrical service. An electrical outlet supplying at least 110-115/220-225 volts, 100 amperes shall be provided for each mobile home space.
(2004 Code, § 8-909)
   (J)   Fire protection.
      (1)   Every mobile home park shall be equipped at all times with a sufficient number of fire hydrants spaced throughout the park. The total number of hydrants and location of hydrants shall be subject to the approval of the town’s Fire Chief, who shall submit his or her recommendations to the Plan Commission.
      (2)   No open fires shall be permitted at any place within any mobile home park.
(2004 Code, § 8-910)
   (K)   Garbage and trash. All garbage and trash in each park shall be deposited in metal cans or other suitable containers with tight-fitting covers, with a sufficient supply of said containers for adequate disposal of all such garbage and trash. All receptacles used for storage or collection of garbage shall be kept in a sanitary condition at all times. All garbage and trash in each park shall be collected and disposed of as frequently as is necessary to ensure that garbage and trash containers do not overflow or create an odor or otherwise cause a nuisance.
(2004 Code, § 8-911)
   (L)   Sewers and sewage disposal. Each mobile home space shall be provided with a sanitary sewer line at least four inches in diameter, which shall be connected to receive the waste from the showers, bath tubs, flush toilets, lavatory and kitchen sinks and washing machines of the mobile home harbored in such space and having any or all such facilities. The sewer line in each space shall be connected to discharge the mobile home waste into a public sanitary sewer system in compliance with applicable ordinances, or into a privately owned and operated wastewater treatment plant and disposal system; provided, said privately owned system is approved by the administrative agency having charge of approvals of such systems. The installation of sanitary sewer main lines and lateral service lines shall meet or exceed the requirements of applicable building codes.
(2004 Code, § 8-912)
   (M)   Compliance with the state’s Board of Health. Prior to the issuance of any improvement location permits, a manufactured or mobile home park licensee must file with the Plan Commission office a letter from the state’s Board of Health, evidencing approval by such Board and compliance with the requirements of such Board.
(2004 Code, § 8-913)
   (N)   Permits and inspections required. An improvement location permit shall be obtained by the licensee for each and every mobile home stand within a mobile home park. The Building Inspector shall issue such permits, and collect such fees as established by the Town Council. Said permits shall pertain to the proper installation of:
      (1)   The mobile home stand, including any slabs, piers, ribbons, patios, sidewalks or driveways;
      (2)   Utility service connections, including sewer lines, gas lines, fuel lines, water lines and electrical lines; and
      (3)   Presence of Building Code certification tag on mobile home.
(2004 Code, § 8-914)
   (O)   Occupancy permit required. It shall be unlawful for any person to occupy a mobile home within an approved mobile home park prior to the issuance of an occupancy permit by the Building Inspector. An occupancy permit will be issued only after a proper permit has been obtained and permit requirements have been met.
(2004 Code, § 8-915)
   (P)   Prerequisites for mobile home park operation. It shall be unlawful for any person to maintain or operate a mobile home park within the town’s jurisdiction unless such person shall first:
      (1)   Obtain a license therefor from the state’s Board of Health;
      (2)   Submit development plans to the Plan Commission and receive approval of same;
      (3)   Obtain proper zoning of the property; and
      (4)   Obtain required building permits and construct all improvements according to town specifications and appropriate building codes.
(2004 Code, § 8-916)
   (Q)   Notice of violation. If at any time a mobile home park is found to be violating any provisions of this chapter any duly constituted officer or agent of the town’s Plan Commission shall notify the licensee of such condition. Such conditions shall be corrected by the licensee to the satisfaction of the Commission within a reasonable time after notification.
(2004 Code, § 8-917)
   (R)   Emergency situations. Whenever the State or County Health Officer or the Building Inspector finds that an emergency exists which requires immediate action to protect the public health, safety or welfare, he or she may without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she may deem necessary to meet the emergency, including the suspension of the license issued pursuant to state laws appertaining thereto. Such order shall be in writing, shall be notwithstanding any other provisions of the section, and shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately or be subject to suspension or revocation according to law, and shall be punished in accordance with § 156.999 of this chapter.
(2004 Code, § 8-918)
   (S)   Responsibility for violation. The manager or caretaker of a mobile home park shall, with the licensee, be responsible for the violation of any provisions of this section to which licensee is subject.
(2004 Code, § 8-919)
   (T)   Responsibility of occupants for violations. The occupants of a mobile home within a park shall, with the persons operating and maintaining said park, be liable for the violation of any provisions of this subchapter, except for such requirements that are only to be complied with expressly by the licensee.
(2004 Code, § 8-920)

§ 156.416 DEFINITIONS.

   As used in this subchapter, the following words and phrases shall have the meaning respectively ascribed to them in this section.
   ADD-A-ROOM UNIT. A unit of manufactured housing with less occupied space than a manufactured housing section.
   ANCHORING SYSTEM. An approved system of straps, cables, turnbuckles, chains, ties or other approved materials used to secure a manufactured or mobile home to ground anchors.
   ANSI/NFPA 501 A INSTALLATION STANDARDS. Standards for installation of manufactured and mobile homes as adopted and copywrited by the Manufactured Housing Institute and the National Fire Protection Association contained within their publication, Standard for the Installation of Mobile Homes.
   APPROVED. Acceptable to the appropriate authority having jurisdiction, by reason of investigation, accepted principles or tests by nationally recognized organizations.
   FOUNDATION SIDING (SKIRTING). A type of wainscoting constructed of fire and weather resistant material, such as aluminum, asbestos board, treated pressed wood or other approved materials enclosing the entire undercarriage of the manufactured or mobile home.
   LICENSEE. Any person licensed to operate and maintain a mobile home park under the statutes of the state and the regulations of the state’s Board of Health.
   MANUFACTURED HOME. A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code (1974 U.S.C. et seq.). See § 156.413 of this chapter.
   MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS CODE. Title VI of the 1974 Housing and Community Development Act (Pub. Law No. 93-383, U.S.C. 5401 et seq.), as amended (previously known as the Federal Mobile home Construction and Safety Act), rules and regulations adopted thereunder, which include information supplied by the home manufacturer, (which has been stamped and approved by a design approval primary inspection agency, who is an agent of the U.S. Department of Housing and Urban Development pursuant to HUD rules), and regulations and interpretations of said code by the state’s Administrative Building Council.
   MANUFACTURED OR MOBILE HOME COMMUNITY OR PARK. A parcel of land on which five or more manufactured or mobile homes are occupied as residences.
   MANUFACTURED OR MOBILE HOME SUBDIVISION. A parcel of land platted for subdivision according to all requirements of the Comprehensive Plan, designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by manufactured homes.
   MOBILE HOME. A transportable structure larger than 320 square feet, designed to be used as a year-round residential dwelling, and built prior to the enactment of the Federal Mobile Home Construction and Safety Act of 1974, which became effective for all mobile home construction on 6-15-1976.
   MOBILE HOME PARK. Any plot of ground upon which five or more manufactured or mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.
   MOBILE HOME SPACE. A plot of ground within a mobile home park designated for the accommodation of one manufactured or mobile home.
   MOBILE HOME STAND. The part of an individual manufactured mobile home space which has been reserved for the placement of the manufactured or mobile home, appurtenant structures or additions.
   NON-CONFORMING MOBILE HOME PARK. Any mobile home park whose plans have been approved and otherwise fully complies with all applicable town ordinances as of the date of adoption of this chapter.
   OCCUPIED SPACE. The total area of earth horizontally covered by the structure, excluding accessory structures, such as, but not limited to, garages, patios and porches.
   ONE- AND TWO-FAMILY DWELLING CODE, INDIANA. The nationally recognized model building code prepared by the Council of American Building officials, adopted by the state’s Department of Fire and Building Safety as mandated through Pub. Law No. 360, Acts of 1971, and, which includes those supplements and amendments promulgated by the Department.
   PERIMETER RETAINING WALL. A perimeter non-load bearing structural system completely enclosing the space between the floor joists of the home and the ground.
   PULL OUT UNIT. An expandable manufactured housing unit.
   SECTION. A unit of a manufactured home at least 12 body feet in width and 30 body feet in length.
   STREET. A street designed primarily for through traffic and leading directly to an exit or entrance and permitting one-way or two-way traffic.
   SUPPORT SYSTEM (FOUNDATION). A combination of footings, piers, caps, plates and shims, which, when properly installed, support the manufactured or mobile home; footings being the part of the support system which transmit loads to the soil at or below the surface and the frost line; piers and caps being the part of the support system between the footing and the home, exclusive of plates and shims; plates and shims being the cushion of wood or other approved material, which are used to fill the gap between the top of the pier caps and the frame of the home.
(2004 Code, § 8-1000)