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Any person aggrieved by this subchapter shall first appeal in writing to the City Manager setting forth the nature of the concern. The City Manager or designee shall respond within ten days of filing a request. If the matter is not resolved at that level then the applicant may appeal that matter to the Council as a whole, at the next regular meeting, by filing an appeal within ten days notice of such action or proposed action. During the residency of the appeal all action by the applicant and the city shall be held in abeyance. Additional relief consideration beyond that afforded in the text of this subchapter may be provided to property owner applicants who had secured a then valid State of Kentucky stream application permit at the time of the manufactured home placement moratorium, imposed December 17, 1997 by the Falmouth City Council. Additional relief, if provided, will be through a mitigation process and according to the appeal process outlined in this section.
(Ord. 90.04, passed 2-25-98)
The City Manager or designate may accept alternate methods of compliance than those prescribed herein provided it can be demonstrated the alternate is at least equivalent to that prescribed in this subchapter in terms of implementing the general purposes of this subchapter. For example, in many instances the manufacturer’s set up installation instructions may substitute for prescriptions found in this subchapter. Some unconventional construction, not specifically covered by this subchapter, may require plans stamped by an architect or engineer licensed in the State of Kentucky. The City Manager or designate may afford a certain amount of latitude from the methods of compliance presented herein through a variance process. The amount of relief afforded by means of variance shall not exceed 10% of the prescribed measurement.
(Ord. 90.04, passed 2-25-98)
(A) A certificate of occupancy is an important control measure to ensure that all proper services and building compliance are in place at the time of occupancy to protect the homeowner’s health, safety, and welfare. Certification of occupancy permit will be required before a manufactured home may be occupied for living purpose.
OCCUPANCY will be defined as any pattern of continuous living arrangement exceeding a 24-hour period. The certificate of occupancy is issued predicated on satisfying a list of requirements that must be demonstrated at time of occupancy; these include:
(1) Smoke detectors installed in the kitchen and each bedroom, smoke detectors to operate on a house hold current. A fire extinguisher must be kept on the premise in operable condition.
(2) Operating and fully functioning electrical system. All electrical connections to have been connected and serviced by a licensed electrician.
(3) Fully functioning water system connected and serviced by a qualified plumber/contractor. Outside water service shall also be provided.
(4) Sewer systems properly connected to the sanitary sewer system.
(5) Heating and cooling systems connected and serviced by a qualified individual.
(6) Skirting installed in a manner outlined in this subchapter.
(7) Property set back requirements and alignments in compliance with this subchapter.
(8) Decks, steps, and handrails constructed and painted/stained according to prescriptions found within this subchapter.
(9) All necessary permits secured.
(10) The manufactured house; if lying within a flood zone must be in conformance with the accompanying flood zone elevation requirements.
(11) Any obvious defects noted in the manufactured housing need to be repaired such as broken windows, leaky roof, and the like.
(12) The manufactured housing has been placed on a foundation that properly disperses the load bearing weight not to exceed 40 inches from the level ground to the bottom of the main carriage except as may be modified according to provisions found in this subchapter. The manufactured housing is properly anchored in such a fashion to resist lateral movement.
(13) All building materials that may come in contact with the ground must be properly treated. A four mill polyethylene vapor barrier required on the ground under the manufactured home.
(14) Pre-existing debris, pipes, concrete, asphalt properly removed and disposed.
(15) Manufactured home meets minimum width, length and height restriction requirements.
(16) Manufactured home set up in conformance with manufacturer’s installation instructions.
(17) Manufactured home complies with the land use activity the proposed occupancy is classified.
(18) Street numbers of sufficient size and placement affixed to dwelling unit.
(19) The main breaker or fuse box and the utility meters elevated above the anticipated flood level.
(B) In the event that some of these conditions have not been met at time of occupancy; a homeowner may secure a bond to in lieu of compliance for a limited time frame not to exceed 120 days beyond the manufactured home placement. Many of these obligations such as sewer/electric connections do not afford to a time extension rather they must be met at time of occupancy.
(Ord. 90.04, passed 2-25-98)
The city may in writing suspend or revoke a certificate of occupancy under the provisions of this subchapter whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the structure or portion thereof is in violation of any regulations or provisions of this subchapter.
(Ord. 90.04, passed 2-25-98)
All references herein to “City Manager” shall refer to the presently serving statutory “City Administrative Officer” if the city does not have a City Manager; and to the “Mayor” should the city have neither a City Manager nor a City Administrative Officer.
(Ord. 90.04, passed 2-25-98)
Any person desiring a building permit, as provided in this chapter, as well as in ordinance 90.03, shall file with the Council of the city through the City Clerk’s office a written and signed application, accurately describing the nature of the improvements contemplated, the material to be used therein, the particular location and the time work will commence and the probable duration thereof.
Additionally, the person desiring the permit must participate in a pre-construction conference established to review the manufactured home siting process, and finnish a plot map showing the actual placement of the manufactured home site, as well as other significant features such as the placement of accessory building or a garage.
The Council or its designate may require any such application to be amended or made more definite and certain, or may direct the filing of a new application. Upon the filing of a proper application the Council may grant a permit in whole or in part, as applied for, and may impose such reasonable conditions and terms as may be deemed proper or the City Council may refuse to grant the permit.
Prior to approving any such application for a building permit the City Manager and or designee, shall review the application, the proposed construction plan, and if necessary visit the affected site. The City Manager or designee may consider such application in the context of items impacting upon the public health, welfare, and safety, including the ability of the city to provide utility services occasioned by the improvement or construction. The recommendations of the City Manager or designee shall be considered by the Council at a properly convened special or regular meeting.
PLOT MAP CRITERIA
Plot plan, on 8½ X 11 paper. Please indicate:
· Scale used and marker showing the direction of North.
· Location and dimension of all property lines.
· Location, dimensions, and type of easements (i.e., drainage, access, utilities).
· Location, dimension and use of all existing buildings and structures on the site, showing distances from property lines.
· Existing buildings scheduled for demolition or removal must be indicated. For all proposed buildings show porches, walks, decks, overhangs, etc.
· If the project is located within the flood zone, indicate the elevation.
· Location of proposed or existing sewage disposal system(s), well(s), sewer line(s), and water line(s).
MANUFACTURE HOME ESTABLISHMENT ON INDIVIDUAL LOTS. A manufactured home may be located on any lot that: (1) meets the standards required for the establishment of a single family dwelling, and (2) lies in a zone in which a single family dwelling is permitted use.
FRONT AND FLANKING STREET YARDS. No building shall be hereafter erected or altered so that any portion thereof shall be nearer to the front or flanking street property line than 25 feet.
Exceptions:
· Eaves, cornices, and similar ornamentations may project over a required front or flanking street yard not more than two feet.
· Steps, terraces, platforms, and porches having no roof covering, may extend not more than ten feet into a required front or flanking street yard.
· Fireplaces may extend into a required front or flanking street yard a distance of not more than 24 inches.
SIDE YARD. No building shall be hereafter erected or altered so that any portion thereof shall be nearer to the side of lot line than eight feet.
Exceptions:
· Eaves, cornices, and similar ornamentations may extend over a required side yard set back for a distance of not more than two feet.
· Platforms, terraces, and steps may extend not more than two feet into a required side yard.
· Fireplaces and chimneys may extend into a required side yard distance of not more than 24 inches.
· Structures less than 120 square feet may be located on the side lot line.
· Structures less than 120 square feet may be located on the rear lot line.
REAR YARD. No building shall be hereafter erected or altered so that any portion thereof may be nearer to the rear lot line than ten feet.
Exceptions:
· Eaves, cornices, steps, platforms, and open porches may extend into the required rear yard set back for a distance of not more than two feet.
· The required setback for a private garage of five feet.
· Structure setbacks for uses that are adjacent to private roads shall be established from the inner edge of the private road rather than by reference to the centerline of the right-of-way. Basements designated for future public rights-of-way shall be treated the same as a public street for structure setback purposes. Structure setbacks for uses that are adjacent to a recorded driveway easement shall be established from the inner edge of the driveway easement and calculated the same as a side yard setback.
Any deviations from these setback requirements must be approved at time of pre-conference meeting and may require a variance to accomplish.
BUILDING LINE VARIATIONS. The Council or designee may establish a building line or setback along certain streets or property other than the line established by the yard requirements specifically provided in this chapter when it is found that to do so will protect the public health, safety, and welfare. Such building line or setback shall be identified on a plan and, if adopted, shall be placed on the official zoning maps.
LOT DEPTH: The horizontal length of a straight line drawn from the midpoint of the lot front line and at right angles to such line to its intersection with a line parallel to the lot front line and passing through the midpoint of the lot rear line. In the case of a lot having a curved front line, the lot front line for purposes of this section shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the lot side lines with the curved lot front line.
LOT FRONTAGE (FRONTAGE): The length of that portion of a lot abutting the public (private) street providing principal access to the lot.
LOT LINES:
1. Lot Front Lines - A line separating the lot from the street, or public right-of-way other than an alley if a street does not exist. In the case of a corner lot, the shortest continuous line separating the lot from the street or public right-of-way shall be the lot front line. In case of corner lots having equal lines abutting a street or public right-of-way, that property line which when extended creates the front property line for the greatest number of interior lots in the same block shall be considered as the lot front line of such corner lot. Where a lot does not abut a public right-of-way or street the lot front line shall be the lot line nearest to a street or public right-of-way.
2. Lot Rear Line - A lot line which is opposite and most distant from the lot front line. For the purposes of establishing the lot rear line the following shall apply:
a. In the case of a lot with a rear boundary formed by a single line that is parallel to the lot front line, such rear boundary is the lot rear line.
b. In the case of a lot, the rear boundary of which is formed by two or more lines, the lot rear line shall be a line ten feet in length within the lot and farthest removed from the lot front line and at right angles to the line comprising the depth of such a lot.
c. In the case of a trapezoidal lot, the rear line of which is not parallel to the lot front line, the lot rear line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded lot rear line.
d. In no case shall the application of the above be interpreted as permitting a main building to locate closer than eight feet to any property line.
3. Lot Side Line - Any lot boundary line not a lot front line or a lot rear line.
LOT OF RECORD - An area of land designated as a residential lot on the plat or subdivision recorded or registered, pursuant to statute, with Pendleton County.
LOT TYPES:
1. Corner lot - A lot situated at the intersection of two or more streets, the street frontage of which lot form an angle not greater than 128 degrees, and not less than 45 degrees.
2. Interior lot - A lot other than a corner lot.
LOT WIDTH: The horizontal distance between the lot side lines measured at right angles to the line comprising the depth of the lot. Minimum lot width shall be the same for the entire depth of the parcel.
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