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