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HomeMy WebLinkAbout1984-OR-40ORDINANCE NO. 84-OR-40 AN ORDINANCE AUTHORIZING DEVELOPMENT OF MANUFACTURED HOUSING IN RESIDENTIAL ZONES AN ORDINANCE regulating the placement of manufactured housing. WHEREAS, the Common Council of the City of jeffersonville finds that standards should be established for the installation of manufactured homes in order to protect their occupantS and other persons from installation; and THEREFORE, CITY OF JEFFERSONVILLE THAT THE JEFFERSONVILLE CITY CODE BE AMENDED TO READ AS FOLLOWS: damage or injury resulting from inadequate BE IT ORDAINED BY THE COMMON COUNCIL OF THE BUILDING INTENT A. TYPE I PURPOSE It is the inten~ of this Ordinance to allow the provision of alternative modest income housing in general residential areas by permitting the use of TYPE I Manufactured Homes, as defined herein, in all districts in which similar dwellings ccn- structed on site are permitted, requirements and procedures set assure acceptable between such TYPE that have been or and other ].awful lots in the same subject no the forth herein to similarity in exterior appearance I Manufactured Homes and dwellings might be constructed under these regulations on adjacen5 or nearby district. II. TYPE II AND TYPE III PURPOSE It is the further intent of this Ordinance the provision of alternative modest income procedures set DEFINITIONS to allow housing in certain residential areas by permitting the use of TYPE II AND TYPE III Manufactured Housing, as defined herein, in certain specified districts, when they are shown to meet the requirements and forth herein. A. ADD-A-ROOM UNIT A unit of manufactured housing, a part of the less occupied section. B. ANCHORING SYSTEM An approved system of not designed as original structure, which may have space than a manufactured housing straps, cables, turnbuckles, chains, ties or other approved materials used to secure a manufactured or mobile home. ANSI/NFPA 501 A STANDARD FOR INSTALLATION OF (MANUFACTURED) MOBILE HOMES Mode] national standards (including ail authorized successor documents) for installation of manufactured and mobile homes, as adopted and copywrited by the National Fire Protection Association and the Manufactured Housing Institute. APPROVED Acceptable to the approprfate authority having jurisdiction, by reason of investigation, accepted principles or tests by nationally recognized organizations. EXPANDO UNIT An expandable manufactured housing unit. 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. G. 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 or Indiana Public Law 360, Acts of 1971, as promulgated by the Indiana Administrative Building Council. The three types of manufactured homes (TYPE I, TYPE II AND TYPE III) are defined as meeting all of the appropriate requirements of Article IV of this chapter. H. MANUFACTURED 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 ~ndividual owners for residential occupancy primarily by manufactured homes. I. MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS CODE Title VI of the 1974 Housing and Community Development Act (42 U.S.C. 5401 et sequentia), as amended (previously known as the federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder (~ncluding Information supplied by the home manufacturer, which has been stamped and approved by a Design Approval Primary Inspection Agency, an agent ~f the U. S. Department of Housing and Urban Development pursuant to HUD rules), and regulations and interpretations of said code by the Indiana Administrative Building Council; all of which became effective for mobile/ manufactured home construction on June 15, 1976. MANUFACTURED OR MOBILE HOME COMMUNITY (PARK) A parcel of land on which two (2) or more manufactured or mobile homes are occupied as residences. K. MOBILE HOME A transportable structure and twenty (320) as a year-round L. OCCUPIED SPACE larger than three hundred square feet, designed to be used residential dwelling. Qe system completely joisns of loads from depth below the established the safe bearing capacity Indiana Administrative regulations factory-built for the construction, repair or maintenance of one or two family residential dwellings. RECREATIONAL VEHICLE A portable vehicular structure not built to the federal Manufactured Housing Construction and Safety Standards Code (or the obsolete ANSI 119.1 Mobile Home Design and Ccnstruction Standard) designed for travel, recreational camping or vacation purposes, either having its own motor power or mounted onto 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 national]y-recognized model building code prepared by the Council of American Building Officials, adopted by the Indiana Administrative Building Council (ABC) as mandated through Public Law 360, Acts of 1971, and, which includes those supplements and amendments promulgated by the ABC. N. PERMANENT PERIMETER ENCLOSURE A permanent perimeter structural enclosing the space between the floor the home and the ground. O. PERMANENT FOUNDATION Any structural system for transposing a structure to the earth at a frost line without exceeding of the supporting soil. p. PUBLIC LAW 360, ACTS OF 1971 Enabling legislation requiring the Building Council to adopt rules and III. or drawn by another vehicle, and including but not limited to travel and camping trailers, truck campers and motor homes. R. SECTION A unit of a manufactured home at ]east ten (10) body feet in width and thirty 130) body feet in length. S. SPECIAL EXCEPTION PERMIT A device for permitting a use within a district other than a principally permitted use. T. SUPPORT SYSTEM A pad or a combination of footings, piers, caps, plates and shims, which, when properly installed, support the manufactured or mobile home. APPLICABILITY A. PERMITTED PLACEMENT The establishment, location and use of homes as permanent residences approved by specific in any zone manufactured individually, materials, or by design, shall be permitted permitting installation of a dwelling unit, subject generally to such and provided such requirements and to requirements and residential use homes shall meet limitations: limitations applying in the district, the following the dwelling shall meet the appropriate Appearance Standards, as hereinafter set in Article IV; Exterior forth 2. the dwelling shall be sited in a district where such use is permitted in the Schedule of Uses, as hereinafter set forth in Article V; 3. the dwelling shall receive all required permits and conform with the Comprehensive Plan and other Ordinances of the City of Jeffersonvil]e. IV. Bo NON-CONFORMING HOMES A manufactured ar mobile home placed and maintained on a tract of ]and and deemed To be a legal non- conforming use prior to the adoption of this Ordinance, shall continue 5o be a legal non-conforming use. If the non-conforming use is discontinued, the land thereafter must be used in conformity with all provisions of the Ordinance. REPLACEMENT OF NON-CONFORMING HOMES Thereafter, upon application to and subsequen~ approval thereof, the designated administrator a manufactured or mobile home, deemed a legal non-conforming use, may be replaced by a manufactured home, provided the replacement is of an equal or a higher type, as specified in Article IV of this Ordinance, (Exterior Appearance Standards). Equal or higher type means that a mobile home may be replaced with a TYPE I, II or III Manufactured Home or another mobile home; a TYPE III Manufactured Home could be rep]aced with a TYPE I, II or III Manufactured Home; a TYPE II Manufactured Home could be rep]aced with a TYPE I or II Manufactured Home; a TYPE I Manufactured Home could be replaced with another TYPE I Manufactured Home. STRUCTURAL ALTERATION 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 a~thorized building administrator of the City of Jeffersonville. EXTERIOR APPEARANCE STANDARDS MANUFACTURED HOME CLASSIFICATION Manufactured homes shall be classified as to acceptable compatibility or similarity in appearance with site- constructed residences, as follows: A TYPE I Manufactured Home shall: a. have mo~e than nine hundred and sixty (960) square feet of occupied space in a square feet of occupied space in a 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 Article VI, d. be anchored to the ground, in accordance with the One and Two Family Dwelling Code and to the manufacturer's specifications, e. have wheels, axles and hitch mechanisms removed, f. have utilities connected, in accordance with the One and Two Family Dwelling Code and manufacturer's specifications, g. have siding material of a type customarily used on site-constructed residences (the Plan Commission's designated adminstrator may compile a list of approved meeting the compatibility test Materials List). materials see Approved a TYPE II Manufactured Home shall: a. have more than nine hundred and sixty~ (960) 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 Article VI, c. be enclosed with foundation siding/skirting, in accordance with approved Installation Standards, as specified in Article VI, d. be anchored to the ground, in accordance with manufacturer's, specifications or the ANSI/NFPA 501 A Installation Standards, o have utilities connected in accordance with manufacturer's specifications or the ANSI/NFPA 501 A Installation Standards, have siding material of a type customarily used on site-constructed residences (the 'Plan Commission's designated administrator may compile a list of approved materials meeting the compatibility test see Approved Materials List), and g. have roofing material of a type customarily used on site-constructed residences (the Plan Commission's designated administrator may compile a list of approved materials meeting the compatability test - see Approved Materials List). a TYPE III Manufactured Home shall: a. have more than three hundred and twenty (320) 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 Article VI, c. be enclosed with foundation siding/skirting, in accordance with approved Installation Standards, as specified in Article VI, d. be anchored to the ground, in accordance with manufacturer's specIfications or the ANSI/NFPA 501 A Installation Standards, and e. have utilities connected, in accordance with manufacturer's specificaticns or the ANSI/NFPA 501A Installation Standards. MOBILE HOMES For purposes of ~etermining appropriateness placemenT, mobile homes shat]: 1. have more than three hundred and square feet of occupied space, o for twenty (320) be placed onto support system, in accordance with approved installation Standards, as specified in Article VI, be enclosed with foundation siding/skirting, in accordance with approved installation Standards, as specified in Article VI, be anchored to the ground, in accordance with manufacturer's specifications or the ANSI/NFPA 501 A installation Standards, and have utilites connected, in accordance with manufacturer's specifications or the ANSI/NFPA 501 A installation Standards· SCHEDULE OF USES p = Permitted Use SE = with Special Exception Manufactured or mobile homes Permit Only are permitted uses, as follows: X Prohibited Use TYPE I TYPE II TYPE III MOBILE MH MH MH HOME Single Family Dwelling P P X X (R-l) p X X Multi-Family Dwelling P (R-2) p P Mobile Home Park P P Local Business p p X (B-l) p X X Service Business P (B-2) p X X General Business P (B-3) p p X X Light Industry (I-i) X X General Industry X X , (I-2) 4 o *Any building in a Historical District must meet the requirements the Historical District. I~ST~LLATION STANDARDS A. PERMANENT PERIMETER ENCLOSURE Those manufactured homes designated in the Zoning Ordinance 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. The space between the floor joists of the home and the excavated underfloor grade shall be completely enclosed with the permanent perimeter enclosure (except FOUNDATION SIDING/SKIRTING All manufactured or mobile for required openings). (FOR TEMPORARY STRUCTURES) 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 slx (6) 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. The siding shall be ventilated by openings, which shall have a net area of not less than one and one-half (1-1/2) square feet for each twenty-five (25) linear feet of exterior perimeter. The openings shall be covered with corrosion resistant wire mesh not larger than one-half (1/2) inch in any dimension. The underfloor area shall be provided with an eighteen (18) inch by twenty-four (24) inch minimum size access crawl hole, which shall not be blocked by pipes, ducts or other construction interfering with the accessibility of the underfloor space, or other approved access mechanism. VII. VIII. SUPPORT SYSTEM 1. TYPE I MANUFACTURED HOMES: All HUD-Code 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. PL 360 CODE HOMES: All PL 360 code Home foundations shall be installed in conformance with the regulations in the One and Two Family Dwelling Code and with the manu- facturer's installation specifications. TYPE II AND III MANUFACTURED HOMES AND MOBILE HOMES: All HUD-Code TYPE II and III Manufactured Homes and all MobiIe 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. Any person seeking to erect, build or install a manufactured home or mobile home as defined in this Ordinance must obtain all permits, certificates or other documents required for a single family residence in the same PENALTY FOR VIOLATION area. FAILURE TO COMPLY Each day of non-compliance with the provisions of this Ordinance constitutes a separate and distinct ordinance violation. Judgment of up to five hundred dollars ($500) per day may be entered for a violation of this Ordinance. /! SUBJECT TO REMOVAL A home, sited upon property in violation of this Ordinance, shall be subject to removal from such property. However, the home owner must be given a reasonable opportunity to bring the property into compliance before action for removal can be taken. If action finally is taken by the appropriate authority to bring compliance, the expenses involved may be made a lien against the property. REMOVAL METHOD The Plan Commission's designated administrator may institute a suit in an appropriate court for injunctive relief to cause such abated or removed. SEVERABILITY CLAUSE If any section, subsection, violation to be prevented, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconsti- tutionally shall not affect the validity or constitutionality of the remaining portions of this Ordinance. It is being expressly declared that this Ordinance and each section, subsection, paragraph, sentence, clause and phrase would have been adopted regardless of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases be declared inva]id~or unconstitutional · Duly adopted by the Common Council this /~ day of MAYOR DALE L. OREM ATTEST: C. RICHARD SPEN~ER, J~/ CLERK-TREASURER presented by me as City of jeffersonville 1984. Clerk-Treasurer to the Mayor of said this /~_ day of /~y ' ~. Ri~CHARD SPENC~ CLERK-TREASURER Adopted and signed by me this day of , 1984. · OR~M