Although the city regulates unsafe structures and blighted properties through its adoption of I.C. 36-7-9 (the “Unsafe Building Law”), portable dwellings, such as mobile homes and other prefabricated structures, present a unique challenge for the city in that an already-dilapidated and/or unsafe mobile home or prefabricated structure may be placed or relocated in the city, immediately resulting in the violation of the city’s Unsafe Building Law or other applicable city ordinances. It is the typical experience of the city that stick-built residential structures gradually become dilapidated and unsafe over time, providing the city with opportunities to address the conditions of the properties before they require significant and expensive remedial work. The purpose of this chapter shall be to prevent the location and placement of mobile homes and prefabricated structures within the city that would, upon their placement, immediately violate the Unsafe Building Law or other relevant city ordinances.
(Ord. 2018-4, passed 4-9-2018)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMISH CABIN. A prefabricated inhabitable cabin, shed or a similar shelter/dwelling assembled either elsewhere or on-site from a pre-manufactured kit, commonly marketed as an “Amish Cabin,” or any similar and comparable prefabricated inhabitable cabin, shed or shelter/dwelling assembled from a pre-manufactured kit, not situated on a permanent foundation, as defined herein.
BOARD. The Board of Public Works and Safety.
CAMPER. A motor vehicle and/or trailer with facilities for sleeping and cooking, originally manufactured or converted for the purpose of recreational camping and travel
MOBILE HOME. A dwelling, including the equipment sold as a part of the dwelling, that:
(1) Is factory assembled;
(2) Is transportable;
(3) Is intended for year-round occupancy;
(4) Is intended for transportation on its own chassis; and
(5) Is not supported by a fully enclosed permanent foundation; or
(6) Any dwelling meeting the definition of MOBILE HOME found in I.C. 16-41-27-4.
MOBILE HOME PARK, STATE REGULATED. An area of land on which at least five mobile homes, other than mobile homes on permanent foundations, are harbored on temporary supports for the purpose of being occupied as principal residences.
PERMANENT FOUNDATION. Meets the following conditions:
(1) Transfers loads imposed by a mobile home to the earth;
(2) Has a lower surface placed below the frost line;
(3) Is attached to the mobile home in such a way to secure the mobile home to the foundation that the mobile home becomes a part of the real property; and
(4) Is assessed for taxation as an improvement to the property.
STRUCTURE. Any type of STRUCTURE subject to the regulations set forth herein, including mobile homes, tiny homes and Amish cabins.
TINY HOME. A prefabricated dwelling with no permanent foundation that does not typically exceed 550 square feet, commonly marketed as a TINY HOME or TINY HOUSE.
(Ord. 2001-3, passed 3-27-2001; Ord. 2018-4, passed 4-9-2018)
Statutory reference:
Mobile home park, similar provisions, see I.C. 16-41-27-5
No person shall place or locate a mobile home or tiny home within the corporate limits of the city without first obtaining the necessary approvals and permits as provided by this section.
(A) Mobile home park, state regulated. Licensed and regulated by the state as provided in I.C. 16-41-27.
(B) Individual mobile homes (one in an area of land). Any person desiring to place a mobile home or tiny home within the city shall first make application to the Board, on a form established by that Board. The application will be accompanied by the following:
(1) A plot plan showing the exact dimensions of the parcel or lot;
(2) A description and dimensions of the structure to be located thereon;
(3) A drawing showing the exact location of the structure on the lot; and
(4) Color photographs of all sides of the structure. The photographs are to be of such quality as to enable the viewer to judge the condition and appearance of the structure. These photographs are to be supplied by the applicant at the applicant’s expense.
(C) Application. Upon review of the application and determination that the application is in proper form and in compliance with division (B) above, the Board shall set the application for a public hearing in accordance with division (D) below.
(D) Public hearing. The Board shall schedule a public meeting to review and consider the application for approval, and give notice to the applicant of the hearing. The Board will also have a notice published in the local newspaper one time, at least ten days before the hearing. The published notice shall contain the name of the applicant, the exact location of the parcel or lot where the structure is to be placed, and the date, time and place of the hearing. The applicant shall pay the cost of publishing the notice in accordance with this division.
(E) Permit. If the Board approves the application, the applicant shall be given a permit after payment of any publication fees due the city.
(F) Considerations. The Board shall consider the following factors in deciding whether or not to approve the application:
(1) The size, appearance, age and condition of the structure;
(2) Whether or not the owners of the structure will be its occupants;
(3) Whether or not the owners of the lot or parcel upon which the structure will be placed will be its occupants;
(4) The effect of the structure on property values in the area;
(5) The number of persons occupying the structure;
(6) Whether or not the placement of the structure is temporary or permanent; and
(7) Any other facts relevant to safety or other concerns regarding the application.
(G) Livable condition. If the structure is not in a livable/inhabitable condition at the time application is made, the application shall be denied.
(H) Right to appeal to Common Council. The decision of the Board as to whether to approve the placement of the structure shall be final, unless the applicant or another interested person requests an appeal of the Board’s decision within 30 days of the public hearing at which the Board’s decision is rendered. If such an appeal is made, the Common Council shall place the matter on the agenda for its next public meeting. The Council shall consider the factors set forth in division (F) above.
(Ord. 2001-3, passed 3-27-2001; Ord. 2002-2, passed 5-13-2002; Ord. 2018-4, passed 4-9-2018) Penalty, see § 152.99
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