Chapter 15.45
MANUFACTURED HOUSING
Sections:
15.45.030 Permitted placement.
15.45.040 Exterior appearance standards.
15.45.050 Installation standards.
15.45.060 Improvement location permit.
15.45.070 Certificate of occupancy.
15.45.090 Removal of nonconforming structures.
15.45.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Manufactured home” means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site and bearing a seal certifying that it is built in compliance with the National Manufactured Housing Construction and Safety Standards Code and complying with the Uniform Building Code for One- and Two-Family Homes of the state, incorporated herein by reference and made a part of this code, with two copies on file in the office of the clerk-treasurer and available for public inspection, pursuant to IC 36-1-5-4. Such manufactured homes shall exceed a minimum of 950 square feet of occupied space and meet the minimum square footage requirements for the appropriate zone.
“Manufactured Housing Construction and Safety Standards Code” means Title IV of the 1974 Housing and Community Development Act (42 USC 5401 et seq.), as amended (previously known as the Federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder, which include HUD-approved information supplied by the home manufacturer, and regulations and interpretations of said code by the Indiana Administrative Building Council.
“One- and Two-Family Dwelling Code, Indiana” means the mandatory statewide building code adopted by the Indiana Administrative Building Council for one- and two- family residential dwellings. [Ord. 883, 1982; amended during 2012 recodification. Code 1983 § 15-41. Code 2000 § 210.160].
15.45.020 Scope.
This chapter shall apply only to manufactured housing located outside of manufactured housing parks. For the purposes of IC 36-7-4-1106, this chapter shall apply only to manufactured homes constructed after January 1, 1981. [Ord. 883, 1982. Code 1983 § 15-42. Code 2000 § 210.161].
15.45.030 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 such residential use in the district, and provided such homes shall meet the following requirements and limitations:
(A) The dwelling shall meet the appropriate exterior appearance standards as hereinafter set forth in HMC 15.45.040;
(B) The dwelling shall be located in a district where such use is permitted in the schedule of uses as defined in the zoning ordinance of the town; and
(C) The dwelling shall receive all required permits and conform with the zoning ordinance, building codes, and all other ordinances of the town. [Ord. 883, 1982. Code 1983 § 15-43; Code 2000 § 210.162].
15.45.040 Exterior appearance standards.
A manufactured home shall:
(A) Conform to the minimum square footage requirements of appropriate zoning classification in the town zoning ordinance for residential construction.
(B) Be placed on a foundation meeting all the requirements of a conventional single-family home foundation.
(C) Be anchored to the ground, in accordance with approved manufactured home installation standards.
(D) Have wheels, axles, and hitch mechanisms removed.
(E) Meet appropriate utility connection standards, in accordance with approved home installation standards.
(F) Have siding material of a type customarily used on site-constructed residences.
(G) Have roofing materials of a type customarily used on site-constructed residences, with a minimum of three-inch pitch for each foot of horizontal travel.
(H) Be placed onto a permanent exterior perimeter retaining wall, in accordance with the approved manufactured home installation standards. [Ord. 883, 1982. Code 1983 § 15-44; Code 2000 § 210.163].
Penalty, see HMC 11.10.330.
15.45.050 Installation standards.
(A) Those manufactured homes designated in the zoning ordinance as requiring perimeter retaining walls shall be 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 retaining wall. The wall shall be composed of solid masonry, which shall extend below the frost line. The design by a registered professional engineer or architect shall safely support those loads, as determined by the character of the soil.
(B) All manufactured housing shall be installed on foundations in accordance with the requirements of the One- and Two-Family Code of the state. [Ord. 883, 1982. Code 1983 § 15-45; Code 2000 § 210.164].
Penalty, see HMC 11.10.330.
15.45.060 Improvement location permit.
(A) Prior to the location, relocation, or establishment of any manufactured home, the homeowner or authorized representative shall secure from the building commissioner an improvement location permit, which states that the building and its location conform with the comprehensive zoning ordinance of the town. In addition to complying with all requirements as set forth in such ordinance, each application for an improvement location permit shall be accompanied by the following items:
(1) A plot plan as required for all dwelling units, but which at a minimum includes elevations, roof materials, exterior dimensions, perimeter retaining wall treatment, foundation construction and materials, exterior finishes and the like;
(2) Sewer and water tap-on permits;
(3) A copy of the approved instructions, which will be used for installation purposes, where applicable;
(4) Such other information as may be required by the building commissioner for the proper enforcement of this chapter; and
(5) An agreement signed by the homeowner or authorized representative pledging compliance with the terms set by the building commissioner in the improvement permit.
(B) After the receipt of the information required for an improvement location permit, the building commissioner shall review the standards set in this chapter, the zoning ordinance and the building code for the town. If the applicant has met all required standards, then the improvement location permit shall be issued by the building commissioner.
(C) If the building commissioner determines that an application does not comply with the requirements of this chapter and the ordinances of the town, then the commissioner shall deny said application in writing, stating the reasons thereof. [Ord. 883, 1982. Code 1983 § 15-46; Code 2000 § 210.165].
Penalty, see HMC 11.10.330.
15.45.070 Certificate of occupancy.
(A) Prior to the occupancy of any manufactured home, the homeowner or authorized representative shall secure from the building commissioner a certificate of occupancy stating that the building and its use comply with all provisions of the ordinances applicable to the building or the use in the district in which it is located.
(B) After submission of an application for a certificate of occupancy, the building commissioner shall inspect the property and make such referrals to other local officials for technical determinations as he deems appropriate for conformance with conditions of the improvement location permit and the standards set out in this chapter and the zoning ordinance of the town. If the applicant has conformed with all of the required conditions and standards, a certificate of occupancy shall be issued.
(C) If any of the conditions or standards required by this chapter have not been complied with, the certificate of occupancy shall not be issued, and a written statement specifying the reasons for nonissuance shall be made and given to the applicant. [Ord. 883, 1982. Code 1983 § 15-47; Code 2000 § 210.166].
15.45.080 Appeals.
An action to review any order, requirement, decision, or determination made by an administrative official or board charged with enforcement of this chapter may be taken pursuant to IC 36-7-4-919. [Ord. 883, 1982. Code 1983 § 15-48; Code 2000 § 210.167].
15.45.090 Removal of nonconforming structures.
A structure, located on property in violation of this chapter, shall be subject to removal from such property; however, the owner shall 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 force compliance, the expenses involved shall be chargeable to the owner and constitute a lien against the property. [Ord. 883, 1982. Code 1983 § 15-49; Code 2000 § 210.168].
15.45.100 Injunctive relief.
The plan commission or the board of zoning appeals or its designated administrator may institute suit for injunctive relief in an appropriate court to cause such violation to be prevented, abated or removed. [Ord. 883, 1982. Code 1983 § 15-50; Code 2000 § 210.169].