(A) Purpose.
(1) Type I Purpose. It is the intent of this chapter to encourage the provision of alternative modest income housing in general residential areas by permitting the use of TYPE I Manufactured Homes, as defined herein, in all districts in which similar dwellings constructed on site are permitted, subject to the requirements and procedures set forth herein to assure acceptable similarity in exterior appearance between TYPE I Manufactured Homes and dwellings that have been or might be constructed under these and other lawful regulations on adjacent or nearby lots in the same district.
(2) Type II and type III purpose. It is the further intent of this chapter to encourage the provision of alternative modest income housing in certain residential areas by permitting the use of TYPE II and TYPE III Manufactured Housing, as defined herein, in certain specified districts, when they are shown to meet the requirements and procedures set forth herein.
(B) Applicability.
(1) Permitted placement. The establishment, location and use of manufactured homes as permanent residences approved individually, by specific materials or by design, shall be permitted in any zone permitting installation of a dwelling unit, subject to requirements and limitations applying generally to residential use in the district, and provided the homes shall meet the following requirements and limitations:
(a) The dwelling shall meet the appropriate Exterior Appearance Standards, as hereinafter set forth in this chapter.
(b) The dwelling shall be sited in a district where use is permitted in the Schedule of Uses, as hereinafter set forth in this chapter.
(c) The dwelling shall receive all required permits and conform with the Comprehensive Plan and other ordinances of the City of Washington.
(2) Non-conforming homes. A manufactured or mobile home placed and maintained on a tract of land and deemed to be a legal non-conforming use prior to the adoption of this chapter, shall continue to be a legal non-conforming use. If the non-conforming use is discontinued, the land thereafter must be used in conformity with all provisions of the chapter.
(3) Replacement of non-conforming homes. Thereafter, upon application to the designated administrator and subsequent approval thereof, a manufactured or mobile home, deemed a legal non-conforming use, may be replaced by a manufactured home, provided the replacement is of an equal or a higher type, as specified in this chapter. Upon replacement of an existing nonconforming home, the replacement home must meet all requirements of this chapter. All present mobile homes Type III are permitted to remain. If existing mobile homes have expended their useful life, are damaged by fire or natural disaster, the replacement unit must not exceed ten years of age, or must pass an inspection by the Building Commissioners and be declared safe and cosmetically appropriate for the neighborhood. Proof of manufacture date or manufacture seal, or title must be presented to the Building Commissioner for verification. Equal or higher type means that a mobile home may be replaced with a TYPE I, II, or III Manufactured Home or another mobile home; a TYPE III Manufactured Home could be replaced with a TYPE I, II, or III Manufactured Home; a TYPE II Manufactured Home could be replaced with a TYPE I or II Manufactured Home; a TYPE I Manufactured Home could be replaced with another TYPE I Manufactured Home.
(4) Structural alterations. Due to its integral design, any structural alteration or modification of a manufactured or mobile home after it is placed on the site must be approved by the authorized building administrator of the City of Washington.
(C) Exterior appearance standards; manufactured home classification. Manufactured homes shall be classified as to acceptable compatibility or similarity in appearance with site-constructed residences, as follows:
(1) A TYPE I Manufactured Home shall:
(a) Have more than 950 square feet of occupied space in a double-section or multi-section unit;
(b) Be placed onto a permanent foundation;
(c) Utilize a permanent enclosure in accordance with approved Installation Standards, as specified in this chapter;
(d) Be anchored to the ground, in accordance with the One and Two Family Dwelling Code and to the manufacturer's specifications;
(e) Have wheels, axle and hitch mechanisms removed;
(f) Have utilities connected, in accordance with the One and Two Family Dwelling Code and manufacturer's specifications;
(g) Have siding material of a type customarily used on site-constructed residences (The Plan Commission’s designated administrator may compile a list of approved materials meeting the compatibility test. See Approved Materials List);
(h) Have roofing material of a type customarily used on site-constructed residences (The Plan Commission’s designated administrator may compile a list of approved materials meeting the compatibility test. See Approved Materials List); and
(i) Be a minimum of 24 feet wide.
(2) A TYPE II Manufactured Home shall:
(a) Have more than 750 square feet of occupied space in a single, double, expando or multi-section unit (including those with add-a-room units);
(b) Be placed onto a support system, in accordance with approved Installation Standards;
(c) Be enclosed with foundation siding/skirting, in accordance with approved Installation Standards, as specified in this chapter;
(d) Be anchored to the ground, in accordance with manufacturers's specifications or the ANSI/NFPA 501 A Installation Standards;
(e) Require signatures of approval from all abutting property owners before an Improvement Location Permit will be granted. If all required signatures cannot be obtained, the applicant can file for a Conditional or Special Use Permit to the Board of Zoning Appeals;
(f) Have utilities connected in accordance with manufacturer’s specifications or the ANSI/NFPA 501 A Installation Standards;
(g) Have siding material of a type customarily used on site-constructed residences (The Plan Commission’s designated administrator may compile a list of approved materials meeting the compatibility test. See Approved Materials List);
(h) Have roofing material of a type customarily used on site-constructed residences (The Plan Commission’s designated administrator may compile a list of approved materials meeting the compatibility test. See Approved Materials List); and
(i) Be a minimum of 24 feet wide.
(3) A TYPE III Manufactured Home shall be permitted in mobile home parks. Such units shall be permitted in residentially zoned districts only after obtaining a Conditional or Special Use Permit from the Board of Zoning Appeals. Those Type III Manufactured Homes which are permitted shall:
(a) Have more than 750 square feet of occupied space in a single, double, expando or multi-section unit (including those with add-a-room units);
(b) Be placed onto a support system, in accordance with approved Installation Standards, as specified in this chapter;
(c) Be enclosed with foundation siding/skirting, in accordance with approved Installation Standards, as specified in this chapter; and
(d) Be anchored to the ground, in accordance with manufacturer's specifications or the ANSI/NFPA 501 A Installation Standards.
(D) Installation standards.
(1) Permanent perimeter enclosure. Those manufactured homes designated in the zoning ordinance as requiring a permanent perimeter enclosure (Type I) must be set onto an excavated area, with foundations, footings and crawl space or basement walls constructed in accordance with the terms of the One and Two Family Dwelling Code. The space between the floor joists of the home and the excavated underfloor grade shall be completely enclosed with the permanent perimeter enclosure (except for required openings).
(2) Foundation siding/skirting (for temporary structures).
(a) All manufactured or mobile homes without a permanent perimeter enclosure (Type II and III) shall have an approved foundation siding/skirting enclosing the entire perimeter of the home. Foundation siding/skirting and back-up framing shall be weather-resistant, noncombustible or self-extinguishing materials, which blend with the exterior siding of the home. Below grade level and for a minimum distance of 6 inches above finish grade, the materials shall be unaffected by decay or oxidation. The siding shall be installed in accordance with manufacturer's recommendations or approved equal standards.
(b) The siding shall be ventilated by openings, which shall have a net area of not less than 1½ square feet for each 25 linear feet of exterior perimeter. The openings shall be covered with corrosion resistant wire mesh not larger than 1/2 inch in any dimension. The underfloor area shall be provided with an 18- inch by 24-inch minimum size access crawl hole, which shall not be blocked by pipes, ducts or other construction interfering with the accessibility of the underfloor space, or other approved access mechanism.
(3) Support systems.
(a) Type I manufactured homes. All HUD-Code TYPE I Manufactured Home load-bearing foundations shall be installed in conformance with the regulations in the One and Two Family Dwelling Code and with the manufacturer's installation specifications.
(b) Pub. Law No. 360 code homes. All Pub. Law No. 360 code home foundations shall be installed in conformance with the regulations in the One and Two Family Dwelling Code and with the manufacture's installation specifications.
(c) Type II and III manufactured homes and mobile homes. All HUD-Code Type II and III Manufactured Homes and all Mobile Homes not placed on a permanent foundation, shall be installed on a support system in conformance with the manufacturer's installation specifications.
(4) Installation. All permanent perimeter enclosures, foundation siding/skirting and support systems must be installed within 60 days after placement of home.
(E) Permits and approvals.
(1) Improvement location permit. Requirements prior to the location, relocation or establishment of any manufactured or mobile home, the home owner or authorized representative shall secure from the Plan Commission's designated administrator an improvement location permit, which states that the building and its location conform with the Comprehensive Plan. Each application for an improvement location permit shall meet the following requirements:
(a) Provide plot plans as required for all dwelling units, but which at a minimum include elevations or photographs of all sides of the home, exterior dimensions, roof materials, foundation siding or permanent perimeter enclosure treatment, foundation siding or perimeter retaining all treatment, foundation construction and materials, exterior finishes;
(b) Health Department approval for any sewage disposal or water supply, where applicable;
(c) H.U.D. or subdivision permit approval, where applicable;
(d) Provide a copy of the approved instructions, which will be used for installation purposes, where applicable;
(e) Any individual desiring to place a Type II or Type III Manufactured Home upon any piece of real estate within the corporate boundaries of the city, regardless of who may own the real estate, must obtain the written approval of every landowner (not merely land occupier) of every separate piece of real estate surrounding and/or abutting the property upon which the manufactured home is to be situated;
(f) The written approval required in (e) above shall be presented to the Building Commissioner and properly researched and verified to his or her satisfaction that all persons who have signed the document and given approval are, in fact, the legal owner of adjacent real estate, and that all signatures are genuine. The document must be notarized by a Notary Public commissioned by the state, who shall verify on the document that all signatures were made in the presence of the Notary Public;
(g) East Meadows Subdivision is exempted from certain requirements: the East Meadows Subdivision should be and is hereby deleted from the requirements set forth in above (e) and (f) dealing with the approval of contiguous landowner. All other provisions of this chapter are hereby confirmed and reaffirmed, and any mobile homes or manufactured housing being placed in the East Meadows Subdivision shall comply with all other provisions of this chapter, with the exception of the hereinabove referenced sections;
(h) Provide other information, as may be required by the Plan Commission's designated administrator for proper enforcement of this chapter;
(i) Provide an agreement signed by the home owner or authorized representative pledging compliance with the terms set by the Plan Commission in the improvement location permit;
(j) After receipt of the information required for an improvement location permit, the Plan Commission's designated administrator shall review the standards set in this chapter. If the applicant has met all required standards, then within 3 working days the improvement location permit shall be issued by the designated administrator; and
(k) If after receipt and review described in division (e)(1)(j) above, the Plan Commission's designated administrator finds that the applicant has not fully met the standards set in the chapter, and the changes or additional actions needed are deemed by the designated administrator to be relatively minor or simple, within 3 additional working days a conditional approval can be issued, with the stated conditions which must be met prior to occupancy spelled out, and the reasons for change clearly stated in writing. If the applicant agrees in writing to the further conditions, the effect being an amendment to the application to conform to the requirements, approval is given and the applicant proceeds. If the applicant does not agree, the application is denied, with reasons stated in writing.
(2) Denial of permit. If any of the major elements are clearly out of line with the standards, within 3 working days issuance of the improvement location permit will be denied, with a written statement specifying the reasons for the denial.
(3) Occupancy requirement. Prior to the occupancy of any manufactured or mobile home, the home owner or authorized representative shall secure from the Plan Commission's designated administrator a certificate of occupancy, stating that the building and its use comply with all provisions of the chapter applicable to the building or the use in the district in which it is to be located.
(4) Issuance of certificate. After submission of an application for a certificate of occupancy, the Plan Commission's designated administrator shall inspect the property and make referrals to other local officials for technical determinations, as he or she deems appropriate, for conformance with conditions of the improvement location permit and the standards set in this chapter. If the applicant has conformed with all of the required conditions and standards, a certificate of occupancy shall be issued within 3 working days.
(5) Denial of certificate. If any of the major conditions or standards have not been complied with, the certificate of occupancy is denied with a written statement specifying the reasons for the denial.
(6) Failure to obtain required permits. Failure to obtain either an improvement location permit or a certificate of occupancy shall be violation of this chapter and punishable under the provisions of this chapter.
(1) Circumstances for permit issuance. Subject to conditions, fees and standards otherwise required by this chapter, a temporary use permit may be issued:
(a) To an applicant to use a manufactured or mobile home as a construction office at a job site; and,
(b) To an applicant whose own health or the health of another necessitates care, and where the facts show that an unnecessary hardship would occur if not permitted to locate a manufactured or mobile home adjacent to the residence of one who is able to provide care or in need of care.
(2) Circumstances for permit denial or termination. The Board of Zoning Appeals may deny a temporary use permit, or may terminate an issued permit for the location of a manufactured or mobile home for, but not limited to, the following reasons:
(a) If the unit is to be used for rental purposes. It must be occupied solely by the person to whom the permit is issued;
(b) If the unit is to be used for storage purposes; and
(c) If any alteration is made to the structure for purposes of increasing the usable living area or providing additional storage area with the exception of manufacturer approved and constructed add-a-room or expando units.
(3) Length of permit. A temporary use permit may be issued, at the discretion of the Plan Commission's designated administrator, for a period not to exceed 1 year.
(4) Permit expiration. At the time the temporary permit expires, the manufactured or mobile home and all appurtenances shall be removed from the property.
(5) Utility requirements. Manufactured or mobile homes used for temporary uses shall have an approved water supply, sewage disposal system and utility connections, where appropriate, and at the discretion of the Plan Commission's designated administrator.
(6) Permit fee. A temporary use permit shall be issued by the Plan Commission's designated administrator. The fee shall be as set forth in Table 3 and is in addition to all other required permits for utilities and sewage disposal systems.
(G) Penalty for violation.
(1) Failure to comply. Each day of non-compliance with the provisions of this chapter constitutes a separate and distinct ordinance violation. Judgment of up to $500 per day may be entered for a violation of this chapter.
(2) Subject to removal. A home, sited upon property in violation of this chapter, shall be subject to removal from the property. However, the home owner must be given a reasonable opportunity to bring the property into compliance before action for removal can be taken. If action finally is taken by the appropriate authority to bring compliance, the expenses involved may be made a lien against the property.
(3) Removal method. The Plan Commission's designated administrator may institute a suit in an appropriate court for injunctive relief to cause the violation to be prevented, abated or removed.
(Prior Code, § 156.22) (Ord. 1-2016, passed 3-28-2016) Penalty, see § 10.99