It is the intent of this section to encourage provision of alternate modest income housing in general residential areas by permitting the use of certain manufactured homes, as defined herein, in all districts in which similar dwellings constructed on site are permitted, subject to the requirements set forth herein to assure acceptable similarity in exterior appearance between such 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.
(A) Permanent placement. The establishment, location, and use of manufactured homes as scattered-site residences shall be permitted in any zone permitting installation of a dwelling unit, subject to the requirements and limitations applying generally to such residential use in the appropriate zone, and provided such homes shall meet the following requirements and limitations.
(1) The home shall meet all requirements applicable to single-family dwellings, and possess all necessary improvement location, building, and occupancy permits and other certifications as required by this chapter.
(2) The home shall meet the minimum square footage requirements for the appropriate zone.
(3) The home shall be attached and anchored to a permanent foundation in conformance with the regulations in the Indiana One and two-family Dwelling Code and with manufacturer’s installation specifications.
(4) The terms of division (A) above shall apply to the placement of manufactured housing located outside mobile home parks only.
(5) The exterior siding material on the home shall extend below the top of the foundation by at least one inch.
(6) A dwelling unit fabricated on or after January 1, 1981, 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. Should a court, either federal or state, determine that the fabrication date of January 1, 1981, is arbitrary or a violation of any federal or state right, including equal protection laws, this chapter shall not be interpreted to exclude fabricated dwelling units constructed after July 15, 1976, which manufactured homes comply with all HUD Code requirements.
(B) Temporary placement.
(1) Permitted placement. The placement of manufactured homes built prior to January 1, 1981, and mobile homes shall be permitted within the corporate limits of the city, and outside of mobile home parks, on a temporary basis in the following circumstances:
(a) For use of a manufactured home or mobile home as a caretaker’s quarters or a construction office at a job site;
(b) For use of a manufactured home or mobile home as a temporary residence, located on the building lot, during the course of construction of a site-built dwelling and when the Board of Zoning Appeals has approved the temporary placement by granting a variance to the owner or contract buyer who is in the process of constructing said site-built dwelling after obtaining a building permit for same; or
(c) For use of a manufactured home or mobile home as a temporary residence, located adjacent to an existing residence, when the Board of Zoning Appeals has approved the temporary placement by granting a variance to the owner or contract buyer whose own health or the health of another necessitates care and where the facts show that an unnecessary hardship would occur if not permitted to locate a temporary residence adjacent to the residence of one who is able to provide such care or is in need of such care.
(2) Provisions regulating permitted placement. A temporary use permit shall be obtained prior to placement of a manufactured home or mobile home for temporary use as herein defined. For use of a manufactured home or a mobile home as temporary residences, placement shall be additionally subject to:
(a) Applicable health provisions for sanitary facilities;
(b) Providing an adequate ground anchor; and
(c) Setback provisions as stated in the appropriate zone.
(3) Time limitations for temporary placement. A temporary use permit may be issued for a period not to exceed one year. A variance, when granted under the circumstances herein described, shall not exceed one year. A variance may be renewed, at the discretion of the Board of Zoning Appeals, for an additional one-year period by requesting such an extension through the established procedures for filing an appeal except that the normal filing fee shall be waived in cases of medical hardship as herein defined.
(4) Utility requirements. Manufactured or mobile homes used for temporary uses shall have an approved water supply, sewage disposal system, and utility connections, where appropriate, and at the discretion of the Plan Commission or its designated administrator.
(5) Permit fee. A temporary use permit shall be issued by the Plan Commission’s designated administrator. The fee shall be $25 and is in addition to all other required permits for utilities and sewage disposal systems.
(C) Violation.
(1) Subject to removal. A mobile home or manufactured home, placed upon property in violation of this chapter, shall be subject to removal from such property. However, the home owner must be given a reasonable opportunity of not more than 60 days 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.
(2) Removal method. The Plan Commission or the Board of Zoning Appeals or their designated administrator may institute a suit in an appropriate court for injunctive relief to cause such violation to be prevented, abated, or removed.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99