(a)

It is the intent of these manufactured home regulations to encourage the provision of alternative modest income housing in general residential areas by permitting the use of Type I and Type II manufactured homes, as defined herein, in all districts in which similar dwellings constructed on site are permitted, subject to the requirements and procedures set forth herein to assure acceptable similarity in exterior appearance between such Type I and Type II 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.

(b)

It is the further intent of these manufactured home regulations to encourage the provision of alternative modest income housing in certain residential areas by permitting the use of Type III manufactured housing, as defined herein, in certain specified districts, when they are shown to meet the requirements and procedures set forth herein.

(c)

It is the intent of these manufactured home regulations to recognize mobile homes constructed prior to June 15, 1976, as distinct and different from units designated as manufactured homes Types I, II and III, and to prescribe appropriate procedures and requirements for their placement in the community.

(Code 1990, § 12-361; Code 2010, § 12-361; Code 2013, § 48-610)

Each day of noncompliance with the provisions of these manufactured home regulations constitutes separate and distinct ordinance violation. Punishment as provided in section 1-15 per day may be assessed for each violation of these manufactured home regulations.

(Code 1990, § 12-376; Code 2010, § 12-376; Code 2013, § 48-611)

The establishment, location, and use of manufactured homes as permanent residences approved individually, by specific materials, or by design, 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 dwelling shall meet the appropriate exterior appearance standards, as hereinafter set forth in sections 48-610 and 48-611;

(2)

The dwelling shall be sited in a district where such use is permitted in the schedule of uses, as hereinafter set forth in section 48-612; and

(3)

The dwelling shall receive all required permits and conform with the comprehensive plan and other ordinances of the municipality.

(Code 1990, § 12-363; Code 2010, § 12-363; Code 2013, § 48-612)

This article shall only apply to manufactured or mobile homes located outside of manufactured or mobile home communities (parks).

(Code 1990, § 12-364; Code 2010, § 12-364; Code 2013, § 48-613)

A manufactured or mobile home placed and maintained on a tract of land and deemed to be a legal nonconforming use prior to the adoption of the ordinance from which this article is derived, shall continue to be a legal nonconforming use. If the nonconforming use is discontinued, the land thereafter must be used in conformity with all provisions of this chapter.

(Code 1990, § 12-365; Code 2010, § 12-365; Code 2013, § 48-614)

(a)

Any mobile home or manufactured home shall obtain a building permit from the code enforcement officer's office if the structure is to be permanently affixed to the property. Due to its integral design, any structural alteration or modification of a manufactured or mobile home after it is placed on the site must be approved by the code enforcement officer. All structural additions shall comply with the city's building codes.

(b)

All permits such as plumbing, electrical and mechanical shall be the same as issued for structures for which building permits are required by the city.

(c)

An owner of a manufactured (prefabricated) home shall be required to submit to the code enforcement officer's office a detailed schematic or wiring, plumbing and mechanical methods signed by the seller, or a certified statement from a state-licensed electrician, plumber and mechanical contractor that all work was completed in accordance with the proper building and mechanical codes of the city.

(Code 1990, § 12-366; Code 2010, § 12-366; Code 2013, § 48-615; Ord. No. 530, 9-7-1993)

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 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 sections 48-613 through 48-615;

d.

Be anchored to the ground, in accordance with the municipality's foundation code and to the manufacturer's specifications;

e.

Have wheel, 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 material meeting the compatibility test);

h.

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

i.

Have open, covered, or enclosed parking structure which is compatible with other housing in immediate area, and all parking surfaces shall be hard-surfaced;

(2)

A Type II manufactured home shall:

a.

Have more than 720 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 permanent foundation;

c.

Utilize a permanent perimeter enclosure in accordance with approved installation standards, as specified in sections 48-613 through 48-615;

d.

Be anchored to the ground, in accordance with manufacturer's specifications and the foundation code;

e.

Have wheels, axles, and hitch mechanisms removed;

f.

Have utilities connected in accordance with manufacturer's specifications or the building code, 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);

h.

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

i.

Have open, covered, or enclosed parking structure which is compatible with other housing in immediate area, and all parking surfaces shall be hard-surfaced;

(3)

A Type III manufactured home shall:

a.

Have more than 400 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 sections 48-613 through 48-615;

c.

Be enclosed with foundation siding/skirting, in accordance with approved installation standards, as specified in sections 48-613 through 48-615;

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.

(Code 1990, § 12-367; Code 2010, § 12-367; Code 2013, § 48-616)

For purposes of determining appropriateness for placement, mobile homes shall:

(1)

Have more than 320 square feet of occupied space;

(2)

Be placed onto support system, in accordance with approved installation standards, as specified in sections 48-613 through 48-615;

(3)

Be enclosed with foundation siding/skirting, in accordance with approved installation standards, as specified in sections 48-613 through 48-615;

(4)

Be anchored to the ground, in accordance with manufacturer's specifications and the foundation code; and

(5)

Have utilities connected, in accordance with manufacturer's specifications and the building code.

(Code 1990, § 12-368; Code 2010, § 12-368; Code 2013, § 48-617)

Manufactured or mobile homes are permitted uses, as follows:

X = Permitted Use.

P = With conditional use permit only.

O = Prohibited use.

(Code 1990, § 12-369; Code 2010, § 12-369; Code 2013, § 48-618)

Those manufactured homes designated in this chapter as requiring perimeter enclosure must be set onto an excavated area, with permanent perimeter enclosure, foundations, footings and crawl space or basement walls constructed in accordance with the terms of the foundation code. The space between the floor joists of the home and the excavated under-floor grade shall be completely enclosed with the permanent perimeter enclosure (except for required openings).

(Code 1990, § 12-370; Code 2010, § 12-370; Code 2013, § 48-619)

(a)

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 backup framing shall be weather-resistant, noncombustible 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.

(b)

The siding shall be ventilated by openings, which shall have a net area of not less than 1½ 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 under-floor area shall be provided with an 18-inch-by-24-inch minimum size access crawl hole, which shall not be blocked by pipes, ducts, or other construction interfering with the accessibility of the under-floor space, or other approved access mechanism.

(Code 1990, § 12-371; Code 2010, § 12-371; Code 2013, § 48-620)

(a)

Type I and Type II manufactured homes. All HUD-Code Type I and Type II manufactured home load-bearing foundations shall be installed in conformance with the regulations in the foundation code and with the manufacturer's installation specifications.

(b)

Type III manufactured homes and mobile homes. All HUD-Code Type III manufactured homes and all mobile 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 foundation code.

(Code 1990, § 12-372; Code 2010, § 12-372; Code 2013, § 48-621)

(a)

Prior to the location, relocation or establishment of any manufactured home outside of a mobile home community (park), the homeowner or authorized representative shall secure a zoning clearance permit, which states that the building and its location conform with this chapter. Each application for a zoning clearance permit shall be accompanied by:

(1)

Those plot plans as required for all dwelling units, but which at a minimum 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 (see the manufactured home data sheet on file in the city offices);

(2)

Health department approval for any sewage disposal or water supply, where applicable;

(3)

PUD or subdivision permit approval, where applicable;

(4)

A copy of the approved instructions, which will be used for installation purposes, where applicable; and

(5)

Such other information, as may be required by the zoning administrator for proper enforcement of this article.

(b)

After receipt of the information required for a zoning clearance permit, the zoning administrator shall review the standards set out in this article. If the applicant has met all required standards, then within five working days, the zoning clearance permit shall be issued by the designated administrator.

(c)

If after receipt of the information required for the zoning clearance permit, the zoning administrator finds that the applicant has not fully met the standards set out in this chapter, and the changes or additional actions needed are deemed by the designated administrator to be relatively minor or simple, within five working days, a conditional approval can be issued, with the stated conditions which must be met prior to occupancy spelled out, and the reasons for change clearly stated in writing. If the applicant agrees in writing to the further conditions, the effect being an amendment to the application to conform to the requirements, approval is given and the applicant proceeds. It the applicant does not agree, the application is denied, with reasons stated in writing.

(d)

If any of the major elements are clearly out of line with the standards, within five working days issuance of the zoning clearance permit will be denied, with a written statement specifying the reasons for the denial.

(e)

Failure to obtain either a zoning clearance permit or a certificate of occupancy shall be violation of this article and punishable under the provisions of section 48-611.

(Code 1990, § 12-373; Code 2010, § 12-373; Code 2013, § 48-622)

(a)

Subject to conditions, fees, and standards otherwise required by this article, a temporary use permit may be issued to an applicant:

(1)

In the process of building a conventional 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 until after a building permit for the dwelling has been issued;

(2)

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

(3)

Who shall obtain a hardship permit in manner, and subject to conditions provided in this Code.

(b)

A temporary use permit may be issued by the planning commission for a period not to exceed one year. The temporary permit may be renewed for additional one-year periods upon showing of good cause, and with permission to do so.

(c)

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

(d)

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

(Code 1990, § 12-374; Code 2010, § 12-374; Code 2013, § 48-623)

Temporary, conditional use, zoning clearance permits shall be issued in accordance with this Code.

(Code 1990, § 12-375; Code 2010, § 12-375; Code 2013, § 48-624)

A home sited upon property in violation of this article shall be subject to removal from such property. If action finally is taken by the appropriate authority to bring compliance, the expense involved may be made a lien against the property.

(Code 1990, § 12-377; Code 2010, § 12-377; Code 2013, § 48-625)

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

(Code 1990, § 12-378; Code 2010, § 12-378; Code 2013, § 48-626)

(a)

Manufactured homes as defined hereinbelow are prohibited in R-1 Single-Family Residential Districts and R-2 Combined Residential Districts: The prohibited manufactured homes as defined as Type II and Type III manufactured homes in section 48-610.

(b)

A Type I manufactured home as defined in section 48-610 is not prohibited.

(Code 1990, § 12-379; Code 2010, § 12-379; Code 2013, § 48-627; Ord. No. 579, 9-3-1996)