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(A) New installation of mobile homes prohibited.
(1) No mobile home may be installed for use or occupancy as a residential dwelling within the city after the date of this chapter. No manufactured home other than HUD-code manufactured homes may be installed for use or occupancy as a residential dwelling within the city after the date of this chapter.
(2) Mobile homes and manufactured homes in place prior to the time of the adoption of this chapter may remain where they are (grandfathered in). However, after the date of this chapter, if and when the owner of record sells the mobile home, or sells the property on which the mobile home is located, then the new owner of the mobile home may no longer claim grandfather status unless the mobile home passes a Department of Housing and Urban Development (HUD) inspection by a licensed HUD inspector. If the mobile home does not pass a HUD inspection, then the mobile home at that time shall no longer be permitted to remain in the city.
(B) Restrictions for manufactured homes. All manufactured homes shall be installed in approved manufactured home parks, manufactured home subdivisions, or de facto manufactured home subdivisions. Unless otherwise provided in this chapter, no manufactured home may be used as a commercial building or for business purposes.
(C) Existing manufactured homes. An existing manufactured home located outside of a manufactured home park or manufactured home subdivision and occupied as a residence as of the date of this chapter will be allowed to remain on its existing site until the condition of the manufactured home violates this code. When the condition of the manufactured home violates this code, the Building Official shall require the owner to repair it, move the manufactured home out of the city, or demolish it. Within a period of 90 days or, in the case of a fire or natural disaster, a period of 180 days, the owner may replace the manufactured home with another manufactured home which passed a property inspection report submitted by a licensed inspector and complies with division (D) below. If the unit is not in conformance with building standards, it shall be denied an occupancy permit, and utilities shall not be connected to it.
(D) Replacement manufactured homes.
(1) Any replacement manufactured home shall:
(a) Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the replacement manufactured home will be located, as determined by the most recent certified tax appraisal for the county;
(b) Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the manufactured home will be located;
(c) Comply with city aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to other single-family dwellings in the neighborhood; and
(d) Be securely fixed to a permanent foundation.
(2) For the purpose of this division (D), the following definition shall apply unless the context clearly indicates or requires a different meaning.
VALUE. The taxable value of the manufactured home and lot before the installation of the manufactured home on the lot.
(E) Violations. If any manufactured home located in a manufactured home park or subdivision violates this code, it shall be replaced with a manufactured home that has passed inspection by a licensed inspector, and be subject to the provisions of division (A) above.
(F) Variance. Any person who seeks an exception or variance to this chapter may submit his or her request, in writing, to the Director of Community Development, who shall present the request to the City Planning Commission for its consideration. The Planning Commission shall then evaluate the request and make recommendations to the City Council regarding this matter. The City Council may grant a variance to this chapter if it finds that granting the requested variance promotes fairness, does not reward self-created hardships, does not provide special favors, and is clearly in the best interest of the public and the neighborhood in which it may be placed. Each variance request shall be considered on its own merits on a case-by-case basis, and shall not be construed to set a precedent for future requests.
(Ord. 06-0321, passed 3-21-2006; Ord. 09-0120, passed 1-20-2009) Penalty, see § 151.99