Ordinance #70: Regulation of Manufactured / Mobile / Modular Homes

ORDINANCE #70

AN ORDINANCE OF THE CITY OF GEORGETOWN PROVIDING FOR SIZE REGULATION FOR MANUFACTURED/MOBILE/MODULAR HOMES; FOR THEIR INSTALLATION; FOR ROOF AND EXTERIOR SIDING MATERIALS; FOR PITCH OF ROOF; PROVIDING FOR THE OBTAINING OF PERMITS; PROVIDING FOR TEMPORARY USE; PROVIDING FOR GENERAL PROVISION; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR ENFORCEMENT DATES.

IT IS HEREBY ORDAINED by the City Council of the City of Georgetown as follows:

SECTION I

1-1 TITLE

These regulations shall be known and cited as the City of Georgetown Manufactured/Mobile/Modular Home Ordinance.

1-2 PURPOSE

Realizing that the manufactured/mobile/modular home is now an integral part of the housing supply and realizing that safe and clean housing is a prime concern of this City, the City Council of the City of Georgetown does provide the regulations of this ordinance for the following purposes:

A. To provide the orderly placement of manufactured/mobile/modular homes within the City.

B. To safeguard the health, safety, and environment for residents of manufactured/mobile/modular homes through adequate regulations.

C. To allow a greater choice of housing alternatives for residents of the City.

1-3 APPLICABILITY

A. This ordinance applies to manufactured/mobile/modular homes located within the City.

B. All manufactured/mobile/modular homes existing on the effective date of this ordinance which do not comply with the requirements set forth herein are deemed to be nonconforming. Nonconforming manufactured/mobile/modular homes will be allowed to remain at their existing locations without complying with the provisions of this ordinance. Each person proposing to move a nonconforming manufactured/mobile/modular home to another location within the City must comply with all applicable requirements of the Ordinance.

1-4 REPEAL OF CONFLICTING ORDINANCES

All ordinances or parts thereof in conflict with this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect.

1-5 SEVERABILITY

Should any section, paragraph, sentence, clause, or phrase be held invalid by a court of competent jurisdiction, the remainder of said Ordinance shall not be affected thereby.

SECTION II

DEFINITIONS:

MOBILE HOME: A structure similar to a manufactured home, but built to a mobile home code prior to June 15,1976, the date of enactment of the federal manufactured housing and safety standards act (BUD code).

MANUFACTURED HOME: A structure built since June 1, 1976, that bears the department of housing and urban development certification that it has been constructed in conformance with the mobile home construction and safety standards in effect at the time of its construction, and is to be used as a permanent residential dwelling. licensing regulations by the State ofIdaho, pursuant to section 44-2101 of the Idaho state code shall be observed.

MODULAR BUILDING: Any building or building component, other than a manufactured/mobile home, which is constructed according to standards contained in the international building code, as adopted or any amendments thereto, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.

PERMANENTLY LOCATED: Any manufactured/mobile/modular home which has a foundation of concrete or other material allowed by the international building code for site built homes which is aesthetically compatible with site built construction and is placed upon land owned by the manufactured/mobile/modular home owner.

DEVELOPMENT STANDARDS:

A. Manufactured/mobile/modular non-BUD structures to be occupied within the City of Georgetown shall adhere to the following:

1. All new manufactured/mobile/modular homes (non-HUD) structures must bear the insignia from the State of Idaho division of building safety and shall only be allowed to be occupied for the use listing on the insignia.

2. To gain approval to move and occupy an existing non-conforming manufactured/mobile/modular home (non-HUD) structure within the city, the structure must undergo procedures as required by the State of Idaho divisions of building safety and must bear the insignia prior to being allowed to be occupied for the use listed on the insignia, except for pre-HUD mobile homes constructed prior to June 15, 1976, which shall comply with the mobile home rehabilitation act, title 44, chapter 25, Idaho Code prior to occupancy.

3. The use of a manufactured/mobile/modular home as a permanent residential dwelling on an individual lot shall be permitted in any zone district which permits installation of a single-family site built dwelling provided the following standards are met:

A. Is multi-section and at least twenty feet (20′) wide.

B. Has a minimum floor area of one thousand (1,000) square feet.

C. Has roofing materials which in color and appearance is similar to the roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings as determined by the Georgetown City Council. Roofs shall also have a minimum slop of twenty five percent (25%) (3:12) and overhanging eaves.

D. Has siding materials which are generally acceptable for site built housing. Any siding materials may be used provided it has tile appearance of wood, masonry, horizontal metal or vinyl siding.

E. Has a foundation of concrete or other material allowed by the international building code for site built homes which is aesthetically compatible with the manufactured/mobile/modular home having the appearance of site built construction.

F. Complies with all applicable lot size, setbacks, and other requirements of the zoning district in which it is to be located.

G. Provides right of way improvements in the same manner as site built construction, in accordance with City policy.

H. Manufactured/mobile/modular homes owners or purchasers must own or be purchasing the land upon which their home is to be placed. The owner or purchaser shall record with the county recorder a non-revocable option declaring the manufactured/mobile/modular home as real property.

These requirements shall not apply within any duly approved mobile home park. Exceptions may also be granted as a part of a planned unit development approval.

SECTION III

INSTALLATION OF MANUFACTURED/MOBILE/MODULAR HOMES

3-1 PERMITS

A. Prior to the location, relocation, establishment or occupancy of any manufactured/mobile/modular home, the manufactured/mobile/modular home owner or authorized representative shall obtain a siting permit from the City. Application for the permit will be made on forms prescribed and furnished by the City of Georgetown. When applying for a permit, the applicant shall provide a photo of the manufactured/mobile/modular home and evidence that the unit meets the other standards as may be requested by the Georgetown City Council.

B. The fee for the permit shall be regulated and set by the City Council of Georgetown. This fee is in addition to any other fees required for health or electrical permits.

C. Each permit issued by the City for a manufactured/mobile/modular home shall be valid until the manufactured/mobile/modular home is moved to another location whether on the same or different property.

D. A manufactured/mobile/modular home shall not be permanently located on any lot that already has an existing residence located on it.

E. The owner of the manufactured/mobile/modular home shall be granted ninety (90) days to complete the installation upon the lot where the manufactured/mobile/modular home is to be permanently located. At the discretion of the City Council, an additional ninety (90) day extension shall be granted providing the manufactured/mobile/modular home owner can show justifiable cause for the extension.

F. A plot plan shall be submitted to the City for approval showing:

A. Lot lines and lot size

B. Proposed location of manufactured/mobile/modular home on lot.

C. Location of existing structures on lot.

D. Proposed location of water and sewer lines and connections.

E. Show scale used and north arrow.

SECTION IV

TEMPORARY USE

4-1 REGULATIONS FOR TEMPORARY USE

A. Applicants who are in the process of building a conventional dwelling may apply for a temporary permit, which shall be subject to renewal, to locate a nonconforming manufactured/mobile/modular home temporarily on the building lot during the course of construction of the dwelling. Such permit shall not be issued until after a building permit for the building has been obtained.

B. A temporary use permit may be issued by the City for a period not to exceed one (1) year. A temporary permit may be renewed for an additional six-month (6) period by the City Council upon a showing of good cause. At the time, the temporary permit expires; the manufactured/mobile/modular home and all other appurtenances thereto shall be removed from the property.

C. A temporary use permit shall be issued by the City. The fee and regulation of such will be set and detennined by the City Council. This fee is in addition to all other required permits for electrical and health services.

D. Any extension will be at the discretion of the City Council.

SECTION V

MANUFACTURED HOME ADMINISTRATION AND ENFORCEMENT

5-1 PENALTIES

Any person, fIrm or corporation violating any of the provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fIned in an amount not to exceed ONE HUNDRED AND NO/100 ($100.00) DOLLARS or be imprisoned in the county jail for a period not exceeding sixty (60) days or be both so fined and imprisoned. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.

5-3 EFFECTIVE DATE

PASSES under suspension of rules upon which a roll call vote was taken and duly enacted an Ordinance of the City of Georgetown, Bear Lake County, Idaho at a convened meeting of the City of Georgetown City Council held on the 4th day of September 2007.

APPROVED: Mayor refused to sign ordinance
Albert K. Johnson, Mayor

ATTEST: Marty Nate, City Clerk

Kevin Nate, Council President