(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DWELLING UNIT. Includes a room or suite of two or more rooms that is designed for or is occupied by one family doing its own cooking therein and having only one kitchen. DWELLING UNIT includes a manufactured home, a modular home, or a site-built home which is of conventional construction (a building constructed pursuant to the Uniform Building Code, as adopted by the town, on a permanent site using individual structural components and requiring normal phase inspection by the town building official).
MANUFACTURED HOME. Includes a structure (built in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq. and Title VI of the Housing and Community Development Act of 1974, Pub. Law 93-383, 42 U.S.C. §§ 13611 et seq. as amended by Pub. Laws 95-128, 95-557, 96-153, and 96-339), transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
MOBILE HOME. Includes a structure built prior to June 15, 1976, on a permanent chassis, capable of being transported in one or more sections and designed to be used with or without a permanent foundation as a dwelling when connected to on-site utilities except recreational vehicle and factory-built buildings (A.R.S. § 41-4001(25)).
MODULAR BUILDING. A factory-built residential or nonresidential building including a dwelling unit or habitable room thereof which is wholly or in substantial part manufactured at an off-site location to be assembled on-site, except that it does not include a manufactured home, recreational vehicle, or mobile home as defined in this section.
RECREATIONAL VEHICLE. Includes (A.R.S. § 41-4001(30)) a vehicular type unit which is:
(a) A portable camping trailer mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold for camping;
(b) A motor home designed to provide temporary living quarters or recreational, camping, or travel use and built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle;
(c) A park trailer/model built on single chassis, mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than 320 square feet and not more than 400 square feet when it is set up, except that it does not include fifth-wheel trailers;
(d) A travel trailer mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of a size or weight that may or may not require special highway movement permits when towed by a motorized vehicle and has trailer area of less than 320 square feet. This division (d) includes fifth-wheel trailers. If a unit requires a size or weight permit, it shall be manufactured to the standards for park trailers in § 119.5 of the American National Standards Institute (ANSI) Code; or
(e) A portable truck camper constructed to provide temporary living quarters for recreational, travel, or camping use and consisting of a roof, floor, and sides designed to be loaded onto and unloaded from the bed of a pickup truck.
(B) It is unlawful to install, transport, or construct any dwelling unit which does not comply with the provisions of this section, or with applicable zoning regulations, or with applicable local building codes, or with the requirement that the owner or the licensed contractor obtain a building permit prior to construction, installation, or transportation of the unit. Installations or construction not in compliance with these provisions must be brought into compliance. An investigation/penalty fee equivalent to the permit application fee shall be assessed against the applicant for violations.
(C) Except as may be provided by an approved development plan within a Planned Development Zoning District, no dwelling unit shall be installed or constructed which has a livable space less than 24 feet, excluding carports, garages, and porch areas.
(D) The roof of a dwelling unit proposed for construction or installation shall have a pitch of not less than three feet of vertical rise for each 12 feet of horizontal run, or have a roof parapet, mansard shape, or other similar roofline treatment which screens the roof from street view. If a sloping roof is provided, the roof shall provide material overhang of 16 inches and be covered with a roofing material commonly used in site-built residential construction other than continuous rolled material.
(E) Except as may be provided by an approved development plan within a Planned Development Zoning District, a dwelling unit shall be oriented on a parcel so that the wide side of the dwelling unit faces the narrow street frontage and so that all setback requirements have been met. The Board of Adjustment has the authority to hear variance requests for those dwelling units that cannot comply with the setback requirements.
(F) The exterior building facade of a dwelling unit including the trim, doors, windows, roof facias, but excluding patio covers and detached storage buildings, shall consist of wood, stucco, horizontal siding, brick masonry veneer, or other facsimile of a building material commonly used in site-built residential construction; provided, however, that corrugated or reflected metal siding, other than aluminum lap siding, shall be prohibited.
(G) If the dwelling unit has steps leading to any entry visible from any street, the steps and any enclosure surrounding the steps shall be attached to a permanent foundation and designed and constructed as an integral part of the exterior of the dwelling unit.
(H) Approved number or addresses shall be provided by the property owner for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property and shall contrast with their background and be minimum of four inches in height.
(I) Dwelling units proposed for installation or construction shall be set on a permanent foundation of concrete or masonry for the purpose of a permanent installation. Dwelling units shall be valued and assessed for tax purposes in the same manner. The homeowner shall execute and file all documents necessary to comply with this requirement. This foundation requirement may be modified by the building official in consultation with the Town Engineer/Floodplain Administrator in order to comply with flood plan requirements.
(J) Manufactured homes proposed for installation shall have affixed thereto either a State of Arizona insignia of approval as defined by A.R.S. Title 41, Chapter 37 or a decal certifying that the dwelling unit has been inspected and constructed in accordance with the requirements of the U.S. Department of Housing and Urban Development (HUD) in effect at the date of manufacture wherein such date shall not have been prior to five years from the date of installation.
(K) Manufactured homes proposed for installation shall have the hitch/tongue, axles, and wheels removed at the time of installation.
(L) This section shall not prohibit the continued occupancy of non-certified mobile/manufactured homes currently located and occupied as a private residence within the city. A parcel currently developed with a mobile/manufactured home may have its units replaced only with another unit that is in compliance with relevant provisions of this section. Division (C) above shall not be applicable to manufactured homes proposed for installation in manufactured home parks approved prior to the effective date of this section.
(M) Modifications to or repairs of a mobile/manufactured home shall be prohibited unless such modifications are made pursuant to applicable federal, state, or local regulations. The building official may inspect a manufactured home proposed for installation only for gross modification. GROSS MODIFICATIONS included are those modifications which can be observed from a visual inspection of the interior and exterior of the subject unit, or which become apparent to the building official while performing those safety and installation inspections and test as are required by the most current intergovernmental agreement between the town and the state’s Department of Building and Fire Safety, Office of Manufactured Housing. When such violations or gross modifications are made known, it shall be the duty of the building official to order modifications to be brought into compliance before the manufactured unit is occupied. Repairs or modifications which exceed 50% of the unit’s floor area, wall area, or roof area shall be prohibited and the necessity for said repairs shall be grounds for removal of the manufactured unit. Modifications or repairs, which are non-structural and do not adversely affect any structural member or any part of the manufactured home, may be made with the same materials of which the manufactured home is constructed.
(1989 Code, § 7-8) Ord. 2001-09, passed 11-8-2001; Ord. O2020.08, passed 4-23-2020) Penalty, see § 150.99