CHAPTER 152:  MANUFACTURED HOME INSTALLATION REGULATIONS
Section
   152.01   Purpose
   152.02   Definitions
   152.03   Development and design standards and criteria
   152.04   Subject lot or site criteria
   152.05   Electrical standards
   152.06   Change of ownership
   152.07   Application for determination; determination of compatibility and compliance
   152.08   Declaration of urgency
   152.09   Manufactured homes more than 10 years old
   152.10   Manufactured home in licensed trailer park
   152.11   Recreational vehicles prohibited
   152.99   Penalty
§ 152.01  PURPOSE.
   The purpose of this chapter is to provide an additional opportunity for affordable housing in the city, by regulating the installation of manufactured homes outside of parks on foundations on lots zoned for Industrial/Residential/Business, or zoned Residential/Business, which are compatible with the neighborhood and with manufactured home use; and to protect and preserve existing neighborhoods and areas of historical and aesthetic significance and value by ensuring that manufactured homes shall not be permitted where incompatible with existing residential use and with the goal of providing affordable housing.
(Ord. 41-83, passed 5-9-83)
§ 152.02  DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CODE.  The city code.
   COMPATIBLE LOTS.  A lot compatible for manufactured home use must meet all of the following conditions:
      (1)   Be within the R-B-I zones, or R-B zones.
      (2)   The utilization of the lot by a manufactured home will be sufficiently consistent with existing adjacent residential uses as to be unlikely to cause or contribute to economic deterioration of the neighborhood.  A conclusive presumption that such utilization shall not cause economic deterioration in the neighborhood will be found if the fair market value of the unit is at least 90% of the current average estimated fair market value of the neighborhood.  Such determination shall be made by the City Engineering Department pursuant to procedures set forth in § 152.07.
   MANUFACTURED HOME.  A residential dwelling unit manufactured to the standards of the National Manufactured Housing Construction and Safety Standards Act and defined therein as a manufactured home, and meeting the requirements of a house trailer as defined in R.C. § 4501.01(O).
   NEIGHBORHOOD.  The four nearest single-family dwellings surrounding lot, but not further than 500 feet from lot.  Determination of what constitutes the appropriate neighborhood with respect to a subject lot shall be made by the City Engineering Department pursuant to procedures set forth in § 152.07.
   SINGLE-FAMILY RESIDENTIAL DWELLING UNIT.  Structures constructed or manufactured for use by a single family as a residence, including but not limited to conventional structures, and manufactured homes.
   SUBJECT LOT OR SITE.  The specific lot for which an application has been filed pursuant to § 152.07.
   UNIT.  Total of value of home, lot, and development costs.
(Ord. 41-83, passed 5-9-63; Am. Ord. 86-85, passed 10-15-85)
§ 152.03  DEVELOPMENT AND DESIGN STANDARDS AND CRITERIA.
   (A)   All manufactured homes placed or constructed on a lot after the effective date of this chapter or which changes ownership after the effective date of this chapter, must be composed of at least one section not less than 14 feet wide by 48 feet long, and the age of the manufactured home shall not be more than 10 years old from the date of the application.
   (B)   All manufactured homes placed or constructed on a lot after the effective date of this chapter or which changes ownership after the effective date of this chapter, shall be required to be placed on a foundation within 60 days of the location of the manufactured home on the lot.
   (C)   The manufactured home shall be installed on a foundation in accordance with installation instructions provided by the manufacturer of the manufactured home, if the manufacturer's installation instructions are not available, and such foundation shall consist of paved strips, piers, or pads of such width and length and so positioned as to furnish a stable base for the manufactured home with minimum standards, as follows:  Piers shall be not less than 18 inches in diameter, not further apart than eight feet, and extend at least 30 inches below ground level.
   (D)   The wheels, axles, and metal frame members shall be screened from the bottom of the manufactured home to the ground by a metal, fiberglass, plastic, concrete, or masonry screen which shall be connected to the manufactured home by a slip joint frost rail.
   (E)   The grade of the lot shall be not less than 26 inches beneath the edge of the manufactured home and shall vary not more than 12 inches from one end of the manufactured home to the other and the grade shall extend at least four feet from the perimeter of the manufactured home.
(Ord. 41-83, passed 5-9-83; Am. Ord. 58-97, passed 7-28-97) Penalty, see § 152.99
§ 152.04  SUBJECT LOT OR SITE CRITERIA.
   (A)   The manufactured home site shall be well drained, shall be remote from public health hazards, and shall present a pleasing and well-kept appearance at all times.
   (B)   Each manufactured home placed or constructed on a lot after the effective date of this chapter or which changes ownership after the effective date of this chapter, shall have a land area of not less than 4,000 square feet per single-family residential dwelling unit.
   (C)   The body of each manufactured home placed or constructed on a lot after the effective date of this chapter or which changes ownership after the effective date of this chapter, shall be located upon the lot so as to provide:
      (1)   From the front of the home to the lot line or street right of way line a ten-foot clear distance;
      (2)   From the back of the home to the lot line or street right of way line a ten-foot clear distance;
      (3)   From the right side (opposite the main entrance) facing front of the home to the lot line or street right of way line a five-foot clear distance;
      (4)   From the left side (the main entrance) facing the front of the home to the lot line or street right of way line a 20-foot clear distance.
      (5)   Depending upon lot and unit configuration, the Engineering Department may, on a case by case basis, allow a variance from the set back requirements of (C)(1) to (4).  In all cases, the minimum distance between the property line and the unit shall be at least five feet.
   (D)   In computing these distance requirements, lean-tos, auxiliary rooms, and similar accessories connected to the manufactured home, but not including temporary porches and canopies which are open on two or more sides and constructed of fire-resistant materials, shall be considered as part of the manufactured home.  Any freestanding auxiliary buildings shall not be placed in the clear distance required between manufactured homes and lot lines, and manufactured homes and roadways.
(Ord. 41-83, passed 5-9-83; Ord. 86-85, passed 10-15-85; Ord. 26-90, passed 4-23-90; Am. Ord. 58-97, passed 7-28-97)
§ 152.05  ELECTRICAL STANDARDS.
   All electrical wiring on manufactured homes shall be installed and maintained in accordance with the national electric code or applicable local code, such wiring to include all electrical connections from the manufactured home to the connection box.
(Ord. 41-83,  passed 5-9-83)  Penalty, see § 152.99
§ 152.06  CHANGE OF OWNERSHIP.
   All manufactured homes not located in a licensed park that change ownership of title after the effective date of this chapter shall comply with the provisions of this chapter.
(Ord. 41-83, passed 5-9-83)  Penalty, see § 152.99
§ 152.07  APPLICATION FOR DETERMINATION; DETERMINATION OF COMPATIBILITY AND COMPLIANCE.
   (A)   (1)   Every applicant for installation of a manufactured home unit, on lots as provided herein, shall, in addition to complying with all other requirements of the code, file with the City Engineering Department a completed application for a determination regarding the compatibility or compliance of the subject lot and proposed manufactured home.
      (2)   Manufactured homes.  For applications requesting permission to install a manufactured home on the subject lot, the City Engineering Department shall make a determination regarding compatibility pursuant to § 152.02 and a determination regarding compliance of the subject lot and proposed manufactured home with the standards and criteria set forth in § 152.03
   (B)   The application shall be submitted in accordance with the provisions of this chapter on a form prepared by the City Engineering Department, and shall require submission of such reasonable information and materials from the applicant as the Department deems necessary to make the required determinations, including setting forth the values of the applicable lots constituting the neighborhood as hereinbefore defined. 
   (C)   The following requirements are to be met by the applicant for the manufactured home:
      (1)   Applicant shall provide a copy of the title or other acceptable documentation for verification of the age of the unit.  If a new unit is being installed and no title is available, conditional approval may be granted pending submittal of the title.
      (2)   Applicant shall provide a photograph of the unit.
      (3)   Prior to issuance of the building permit, the Engineering Department shall review the application and shall inspect the lot for compatibility with applicable regulations.  If either the application and/or the lot is not compatible, then the City Engineering Department shall forward such application to the Planning Commission in accordance with § 150.14.
      (4)   The applicant shall provide written documentation that water and sanitary sewer services are available.
      (5)   The applicant shall submit a copy of the deed for the property to verify ownership.
      (6)   The fair market value of the four nearest single-family dwellings surrounding the lot, but not further than 500 feet form the lot.  Certified copies of the appraised value of the nearest dwellings from the Guernsey County Map Department or a certified appraisal shall be sufficient documentation.
      (7)   The applicant shall provide 24-hour notice to the Engineering Department prior to pier or foundation construction.  The Engineering Department shall inspect such construction for conformance with applicable regulations.  Applicant shall be advised of non-conformity to the regulations and shall have 30 days to comply or the permit will become null and void.
      (8)   At the completion of the installation, the Engineering Department will inspect the installation for conformance with applicable regulations.  Applicant shall be advised of non-conformity to the regulations and shall have 30 days to comply or the permit will become null and void.
      (9)   A $25 non-refundable manufactured home application fee shall be charged to each applicant.
   (D)   No manufactured home shall be installed or constructed on any lot within the city until a completed application shall have been submitted pursuant to this section and the City Engineering Department shall have made the determination regarding compatibility and compliance for manufactured homes required by this chapter.  A building permit will be issued if there is a finding that the lot is compatible and there has been compliance with this chapter.  The denial of a building permit will be handled pursuant to §§ 150.10 through 150.18. The same fees will be charged for the permit as is applicable under §§ 150.10 through 150.18.
(Ord. 41-83, passed 5-9-83; Am. Ord. 1-88, passed 1-25-88; Am. Ord. 58-97, passed 7-28-97) Penalty, see § 152.99
§ 152.08  DECLARATION OF URGENCY.
   This chapter shall protect and preserve the public health, safety, and general welfare of the residents and neighborhoods of this city for the following reasons:
   (A)   The unregulated installation of manufactured homes on single-family residentially zoned lots throughout the city may adversely impact property values in certain neighborhoods where manufactured homes (either in general or because of the specific types installed) are incompatible and unsuitable, and proper development and design standards and criteria are not applied.  This would result in the economic and social deterioration of current neighborhoods and the city, as well as in potentially substantial losses to current residents and property owners, both in terms of their investments in property and their confidence in the ability of the city to protect them and manage its affairs.
   (B)   The unregulated installation of manufactured homes throughout the city may adversely impact areas of historical or scenic interest and value to the city and its residents when manufactured homes are installed which are incompatible and unsuitable, and proper design and development standards and criteria are not applied.  Such areas are irreplaceable and the City Council finds they are of such value and significance that extraordinary measures are justified and required in order to protect them.
(Ord. 41-83, passed 5-9-83)
§ 152.09  MANUFACTURED HOMES MORE THAN 10 YEARS OLD.
   (A)   No manufactured home which is more than ten years old from the date of application shall be placed on any property within the city.
   (B)   Any manufactured home now located within the city shall be removed upon a change in ownership unless such manufactured home is in current compliance with the standards established in the City Code of Ordinances.
   (C)   Any person desiring to transfer ownership of a manufactured home shall, at least 30 days prior to the change in ownership, notify the Engineering Department in writing.  The Engineering Department shall conduct an inspection of the manufactured home to determine whether or not said manufactured home is in compliance with the standards established in the City Code of Ordinances.
   (D)   The Engineering Department shall notify, in writing, the person seeking a change in ownership of the decision relative to the compliance with the standards established in the City Code of Ordinances.
   (E)   A person who disagrees with the decision of the Engineering Department relative to the determination of compliance with the standards established in the City Code of Ordinance shall have the right to file an appeal to the Office of the Service/Safety Director. Said appeal shall be in writing and shall be filed with the Office of the Service/Safety Director within 15 days of the receipt of the notice of the Engineering Department.
   (F)   The Office of the Service/Safety Director shall, after a review of the appeal, render a decision, in writing, within 15 days, and forward the same to any person filing an appeal setting forth the reasons for the granting or denial of the appeal.
(Ord. 86-85, passed 10-15-85; Am. Ord. 58-97, passed 7-28-97; Am. Ord. 61-09, passed 9-15-09)  Penalty, see § 152.99
§ 152.10  MANUFACTURED HOME IN LICENSED TRAILER PARK.
   (A)   Notwithstanding any other section of Chapter 152, no manufactured home greater than 10 years of age shall be placed in any licensed trailer park within the city limits.
   (B)   All manufactured homes greater than 10 years of age which are presently located in a licensed trailer park shall, upon change of ownership, be immediately removed by such licensed trailer park.
(Ord. 90-86, passed 11-24-86; Am. Ord. 58-97, passed 7-28-97)
§ 152.11  RECREATIONAL VEHICLES PROHIBITED.
   (A)   Purpose.  The purpose of this section is to protect and preserve neighborhoods, to ensure public health and safety, to protect property values, and to preserve the aesthetics of the city.
   (B)   Definitions. Unless otherwise expressly stated, the following terms shall for the purpose of this section have the meanings indicated in this division.
      CAMPER. Shall have the same definition as “travel trailer.”
      MOTOR HOME. A self-propelled recreational vehicle constructed with facilities for cold storage, cooking food consumption or sleeping that must be licensed by the Department of Motor Vehicles in order to operate on public highways and roads.
      RECREATIONAL VEHICLE. A vehicular portable structure that meets one or more of the following conditions:
         (a)   Is designed for the purpose of recreational travel.
         (b)   Contains facilities for cold storage, cooking, food consumption or sleeping.
         (c)   Is not used for the purpose of engaging in for-profit or not-for-profit business.
      TRAVEL TRAILER. A non-self- propelled recreational vehicle that must be licensed by the Department of Motor Vehicles in order to operate on public highways and road and that can be transported only via attachment to a motorized vehicle.
   (C)   Prohibitions.
      (1)   No recreational vehicle, travel trailer, camper, or motor home as described herein shall be installed, occupied, or used for human habitation within the city.
      (2)   No other structure, or part thereof, that fails to meet the standards of the Residential Code of Ohio, shall be installed, occupied or used for the purpose of human occupancy or habitation within the city.
   (D)   Penalty. A violation of any division of this section shall constitute a minor misdemeanor and shall be subject to a maximum fine of $150. Any such violation shall constitute a separate offense on each successive day continued. In addition, any appropriate action to enforce this chapter, including but not limited to injunctive relief, may be taken by the Director of Law.
(Ord. 46-13, passed 9-9-13)
Cross-reference:
   Property Maintenance Code, see Chapter 159
§ 152.99  PENALTY.
   A violation of any section of this chapter shall constitute a minor misdemeanor and be subject to a maximum fine of $100.  Any such violation shall constitute a separate offense on each successive day continued.  In addition, any appropriate action to enforce this chapter, including but not limited to injunctive relief, may be taken by the Director of Law.
(Ord. 41-83, passed 5-9-83)