1331.03  FACTORY BUILT HOUSING.
   It is the intent of this Ordinance to encourage the provision of affordable housing in a general residential zone by permitting the use of new modular and manufactured homes, as defined in Section 1331.02, meeting the definition of Single-Family residences as defined herein, in all zones in which similar dwellings constructed on the site are permitted, subject to the requirements and procedures set forth herein to assure similarity in exterior appearance between such residentially designed Modular and Manufactured Homes and dwellings which have been constructed under these and other lawful ordinances on adjacent lots in the same district, zoning classification or general area.
   Modular and Manufactured Homes, as defined in Section 1331.02, shall be permitted in all zones subject to the requirements and limitations set forth in this Ordinance which are applicable to Modular and Manufactured Homes and the requirements and limitations applying generally to residential use in such zoning classifications or districts, including minimum lots, yard and building spacing, percentage of lot coverage, off-street parking requirements, square footage requirements and approved foundations as described herein.
   (a)   Modular and Manufactured Homes qualifying as a Single-Family residence shall be compared to site built and other housing in the immediate general area within the same zoning or residential district or area. Approval shall be granted upon the finding that the Modular or Manufactured Home is substantially similar in size, siding material, roof material, foundation and general aesthetic appearance to:
      (1)   Site-built or other forms of housing which may be permitted in the same general area under this Ordinance; or
      (2)   Existing development; or
      (3)   Proposed development in the same zoning district or area.
   (b)   The home must measure in width and length at least twenty-two (22) feet for the main body.
   (c)   The floor area shall conform to figure 1 (Residential Uses and Requirements).
   (d)   The Modular or Manufactured Home shall be placed on a permanent foundation in accordance with Appendix C of the CABO 1 and 2 Family Building Code and shall be installed pursuant to the manufacturer's installation instructions and in compliance with rules and regulations of the West Virginia Manufactured Housing Construction and Safety Board established by West Virginia Code 21-9 and regulations approved thereunder. All Modular and Manufactured Homes are required to have a perimeter fascia enclosure constructed of compatible masonry material that encloses the perimeter of the home.
   (e)   All tow bars, wheels and axles shall be removed when the dwelling is installed on the residential lot, as a permanent structure not suited to relocation.
   (f)   The exterior siding materials shall consist of wood, masonry, concrete, stucco, Masonite, metal or vinyl lap or other materials of like appearance but use of flat or corrugated sheet metal for the exterior walls or roof coverings is prohibited.
   (g)   The roof shall have a minimum 2:12 roof pitch and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, built up gravel materials or other building materials approved by the Building Official. A roof overhang and rain gutters are required and must not be less than 6" including the rain gutters which may account for up to 4" of overhang, measured from the vertical side of the dwelling. The roof overhang requirements shall not apply to the area above porches, alcoves or other appendages which together do not exceed 25% of the length of the dwelling.
   (h)   The Board of Zoning may approve deviations from one or more of the developmental or architectural standards provided herein on the basis of finding that the materials to be utilized or the architectural style proposed for the dwelling will be compatible and harmonious with existing structures in the vicinity.
      (1)   Mobile Homes, as defined in Section 1331.02, shall be prohibited outside of Mobile Home Parks as set forth in the Zoning Ordinance.
      (2)   Use of Mobile Homes, Manufactured Homes, or Modular Homes for any purpose other than for residential use is hereby expressly prohibited.
      (3)   Applications for approval of placement of Manufactured Homes and Modular Homes shall be made on a form or forms developed for that purpose and shall be submitted to the City of Mannington Department of Development and Planning for review and approval in accordance with this Ordinance.
      (4)   Such applications shall include all information necessary to make determinations as to conformity with the provisions of this Ordinance as applicable to each such structure and, as applicable, conformity with the standards herein, including photographs or renderings of the front and side of the Modular and Manufactured Home, the exterior finish, and other information necessary to make a determination required by this Ordinance.
      (5)   Approval or denial of the application shall be within ten (10) working days of receipt of the applications and all required supporting materials. The applicant shall be notified in writing of the approval, conditional approval or denial of the application within five (5) working days after such decision is made. Conditional approval shall require that the conditions and reasons therefore be stated in writing and be agreed to by the applicant.  Such conditions shall be binding upon the applicant. In the case of disapproval, the reasons therefore shall be stated in writing.
      (6)   Any person aggrieved by a decision of a Building Official or other officer, department board or bureau charged with the conditional approval or denial of the placement of modular homes or manufactured homes, may appeal such decision to the City of Mannington Board of Zoning Appeals pursuant to the provisions of the City Charter and the appropriate ordinances governing such appeal. 
(Ord. 310.  Passed 9-16-96.)