It is the intent of this article to encourage the provision of affordable housing in a general residential zone by permitting the use of modular homes, as defined in Section 1105.01, meeting the definition of single-family residences as defined herein in all zones in which 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 designated modular 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. Should any property be governed by specific deed restriction or subdivision restriction that is more restrictive than this article, then this article will not negate the said property or subdivision restrictions.
(a) Modular homes, as defined in Section 1105.01
, shall be permitted in all zones subject to the requirements and limitations set forth in this article which are applicable to modular homes and the requirements and limitations applying generally to residential use in such zoning classifications or districts, minimum lots, yard and building spacing, percentage of lot coverage, off-street requirements, square footage requirements and approved foundations as described herein.
(1) Modular homes qualifying as a single-family residence shall be compared to site-built other housing in the immediate area within the same zoning or residential district or area. Approval shall be granted upon the finding that the modular home is substantially similar in size, siding material, roof material, foundation and general aesthetic appearance to:
A. Site-built or other forms of housing which may be permitted in the same general area under this article, or
B. Existing development, or
C. Proposed development in the same zoning district or area.
(2) The home must measure in width and length at least 24 feet and 40 feet respectively for the living area.
(3) The modular home shall be placed on a permanent foundation in accordance with the current State Building Code and shall be installed pursuant to the manufacturer's installation instruction. All modular homes are required to have a perimeter fascia enclosure constructed of compatible masonry material that encloses the perimeter of the home.
(4) All tow bars, wheels, and axles shall be removed when the dwelling is installed on the residential or commercial lot, as a permanent structure not suited for relocation.
(5) The exterior siding materials shall consist of wood, masonry, concrete, stucco, aluminum or vinyl lap siding. But use of flat or corrugated sheet metal for the exterior walls or roof coverings is prohibited.
(6) All factory-built housing, as defined in this article, shall be required to have a perimeter of masonry block, meeting the minimum requirements of the State Building Code, in addition to any other type of foundation required by the manufacturer or the State Building Code.
(b) Mobile homes, single sectioned manufactured homes, and manufactured units, as defined in Section 1105.01
, shall be prohibited outside of designated areas approved by the City or other areas designated from time to time by the City except such homes or units that otherwise meet the provisions of this article, and the minimum requirements of the State Building Code, shall not be prohibited. Council may, after compliance of Section VI of Mobile Home Ordinance of 1974, in its sole discretion upon a seventy-five percent (75%) vote of the entire Council including the Mayor and Recorder, approve the placement of a manufactured home or mobile home outside approved and designated areas.
(c) Use of mobile homes, single sectioned manufactured homes, for any purpose other than for residential use outside of designated area is hereby expressly prohibited without the prior consent of Planning and Zoning Commission and the City Council.
(d) Applications for approval of placement of manufactured homes and modular homes or the use of same for any purpose other than residential use shall be made on a form or forms developed for that purpose and shall be submitted to the City Planning and Zoning Commission for review and recommendation to City Council in accordance with this article.
Such applications shall include all information necessary to make determinations as to conformity with the provisions of this article as applicable to each such structure and, as applicable, in conformity with the standards herein, including photographs or renderings of the front and side of the modular or manufactured home, the exterior finish, and other information necessary to make determinations required by this article.
Approval or denial of the application shall be within thirty (30) working days of receipt of the application and all required supporting materials. The applicant shall be notified in writing of the approval, conditional approval or denial of the application within ten (10) days after such decision is made. Conditional approval shall require that the conditions and reasons therefor be stated in writing and be agreed by to the applicant; such conditions shall be binding upon the applicant. In the case of disapproval, the reasons therefor shall be stated in writing.
(e) Any person aggrieved by a decision of the Planning and Zoning Commission or the City Council charged with the conditional approval or denial of the placement of modular homes, manufactured homes, mobile homes, or manufactured units may appeal such decision to the City Board of Zoning Appeals pursuant to the provisions of the appropriate City ordinances governing such appeals.
(Ord.4-28-97.)