It shall be unlawful for any person to locate within the corporate limits of the town any mobile home, travel trailer, modular home, house or building, for dwelling purposes or other specified uses, unless application is made and approved by Town Council to locate same on private or commercial property as hereinafter provided.
(A) Application for special use permit. Any person desiring to place any of the aforementioned structures, for occupancy or business purposes, on a private lot, whether or not said lot or lots are vacant or have improvements thereon, shall file a written application for a special use permit with the Town Secretary. The application shall contain the name and address of the applicant; the size of the structure; the year (not to exceed five years old) and model and original cost of the unit, and a legal description of the property upon which said unit is to be located. In addition, the application shall give assurance of ability to comply with requirements for connecting the unit to all utilities; and show, by plot, the location of the unit on the proposed site so as to conform to existing building lines of adjacent conventional or residential properties. Placement must be at least 25 feet from the front property line and least five feet from side property lines. The completed application shall then be submitted to the Town Council for consideration or final approval.
(B) Other factors to be considered for approval of special use permit. The Town Council, in its final decision to approve an application for special use permit to locate any unit on a private lot, shall consider such other factors as follows:
(1) The location of the proposed mobile unit;
(2) The existing type of development and land use in the immediate area;
(3) The quality and type of proposed mobile home unit;
(4) The utilization of land and air space;
(5) The control of traffic and off-street parking;
(6) The most appropriate use of land involved in the particular application so as not to create hardship for the applicant or owner of any property surrounding the area and to be in the best public interest;
(7) The current concepts and standards for mobile homes and other aforementioned units;
(8) The fee for each permit shall not be construed as a bar to prosecution for or enforcement of any applicable law, or as any type of waiver by the town;
(9) A permit shall not be issued for any property with no septic system, unless the permit application is accompanied by an approved septic system permit issued by the State Commission on Environmental Quality;
(10) A permit may be issued for property with a pre-existing septic system if there is no other house, mobile home or manufactured home occupying the same premises; and
(11) Access to water service from the town will be denied if any unit was moved without an approved permit.
(C) Conditions for issuance of special use permit. As a condition for the issuance of a special use permit, Town Council may:
(1) Grant the permit for a limited time so long as the period of time is reasonable and not arbitrary or capricious;
(2) Grant the use of property under the permit be limited to the applicant, immediate family or guests and that any successor in interest must reapply for another special use permit;
(3) May direct the converting of mobile home to a permanent structure. removal of wheel or axles and tongue from a mobile home shall be construed to automatically convert the mobile home into a permanent structure, subject to the requirements of the Building Code, housing laws and all other laws applicable to dwellings according to the foundation plan prescribed herein and on file in the office of the Town Secretary; and/or
(4) Any combination of divisions (C)(1), (C)(2) or (C)(3) above.
(Ord. 2009-01, passed 2-17-2009) Penalty, see § 152.99