HomeMy Public PortalAboutORD 45_Manufactured Homes and Affidavit_01171991ORDINANCE NO.
AN ORDINANCE REPEALING SECTION 5(E) OF
ORDINANCE NO. 29, ORDINANCES OF THE CITY
OF IONA, IDAHO, WHICH ORDINANCE IS KNOWN
AS THE ZONING ORDINANCE; ESTABLISHING
REQUIREMENTS FOR ISSUANCE OF SPECIAL USE
PERMITS FOR PLACEMENT OF MANUFACTURED
HOMES WITHIN THE CITY; DECLARING PURPOSE
OF ORDINANCE AND FINDING THAT
INDISCRIMINATE PLACEMENT OF RECREATIONAL
VEHICLES, MOBILE HOMES AND MANUFACTURED
HOMES TO BE INCONSISTENT WITH ORDERLY
GROWTH AND DEVELOPMENT OF THE CITY;
DEFINING CERTAIN TERMS; PROHIBITING
OCCUPANCY OF RECREATIONAL VEHICLES IN R-1
ZONE; REQUIRING SPECIAL USE PERMIT FOR
INSTALLATION OR OCCUPANCY OF MANUFACTURED
HOMES; ESTABLISHING PROCEDURE FOR
APPLICATION FOR SPECIAL USE PERMIT;
REQUIRING COMPLIANCE WITH STATE AND
NATIONAL MANUFACTURING STANDARDS;
REQUIRING MANUFACTURED HOMES TO BE
ASSESSED AS REAL PROPERTY; ESTABLISHING
STANDARDS FOR INSTALLATION OF MANUFACTURED
HOMES UPON PERMANENT FOUNDATIONS;
REQUIRING CONSTRUCTION OF PERMANENT
LANDING NEAR ENTRYWAYS; PROVIDING
CONSTRUCTION STANDARDS FOR ROOFING;
SPECIFYING SIDING MATERIALS; REQUIRING
PERMANENT CONNECTION TO UTILITIES;
PRESERVING PRIOR ORDINANCE; ALLOWING
CONTINUATION OF NON -CONFORMING USES;
PROVIDING FOR SEVERABILITY AND FOR
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF IONA, IDAHO THAT:
Section 1. Section 5(E) of Ordinance No. 29,
known as the Zoning Ordinance, is repealed.
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Section 2. PURPOSE. The City Council of the City
of Iona, Idaho, hereby finds and declares that the
indiscriminate placement of recreational vehicles, mobile
homes and manufactured homes on building lots in residential
zones within the City reduces property values and is
inconsistent with orderly growth and development of the City.
The City Council further finds that placement of such
dwellings without proper standards therefor creates danger and
risk to the public health, safety and welfare, and undermines
the aesthetic appearance of property located within such
zones. The purpose of this ordinance is to protect such
values by establishing minimum performance standar.•ds and
requirements for the installation and construction of such
dwellings within the City.
Section 3. DEFINITIONS. For the purposes of this
ordinance, certain terms used herein shall have the meanings
ascribed below:
CAMPING TRAILER:
FIFTH -WHEEL TRAILER:
A vehicular portable unit mounted on
wheels and constructed with
collapsible partial sidewal_ls which
fold for towing by another vehicle
and which is used to provide
temporary living quarters for
recreational, camping or travel use.
A travel trailer constructed with a
raised forward section and bi-level
floor plan and designed to be towed
with a fifth -wheel hitch.
MANUFACTURED HOME: A structure, other than a modular
building, which is transportable in
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one or more sections and which in the
traveling mode, is eight (8) feet or
more in width or is forty (40) feet
or more in length, or when erected on
site, is three hundred twenty (320)
or more square feet, and which is
built on a permanent chassis and
designed to be used as a dwelling
with or without a permanent
foundation when connected to the
required utilities. Such term
includes the plumbing, heating, air
conditioning and electrical systems
contained within such structure.
MODULAR BUILDING Any building or building component
which is constructed in accordance
with the Uniform Building Code, and
which is of closed construction and
is either entirely or substantially
prefabricated or assembled at a place
other than the building site.
MOTOR HOME: A vehicular unit designed to provide
temporary living quarters for
recreational, camping or travel use
and built on or permanently attached
to a self-propelled motor vehicle
chassis or on a chassis cab or van
which is an integral part of the
completed vehicle.
RECREATIONAL VEHICLE: A vehicular unit designed for
temporary living quarters for
recreational, camping or travel use
which either has its own motive power
or is mounted on or drawn by another
vehicle. Such term shall include,
without limitation, travel trailers,
camping trailers, truck campers,
fifth -wheel campers and motor_ homes.
TRAVEL TRAILER:
A vehicular unit, without motive
power, mounted on wheels and designed
to provide temporary living quarters
for recreational, camping or travel
use and of such size or weight as not
to require a special_ highway movement
permit when drawn by a motorized
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TRUCK CAMPER:
vehicle and having a total living
area of less than 320 square feet.
A portable unit constructed to
provide temporary living quarters for
recreational, travel or camping use,
consisting of a roof, floor and
sides, designed to be transported
upon the bed of a pickup truck.
UNIFORM BUILDING CODE: The Uniform Building Code as adopted
for the State of Idaho pursuant to
Idaho Code Section 39-4109,
includinng any amendments thereto.
ZONING ORDINANCE: Ordinance No. 29, Ordinances of the
City of Iona, Idaho, as the same
currently exists or as may be amended
hereafter.
Section 4. OCCUPANCY OF RECREATIONAL VEHICLES
PROHIBITED. It shall be unlawful for any person to occupy any
recreational vehicle or to install or place a recreational
vehicle upon any lot located in the R-1 residential district
as established by the Zoning Ordinance with an intent to
permanently reside therein. For the purposes hereof,
permanent residency of a recreational vehicle shall be any use
or intended use of such vehicle for residential purposes for a
period of twenty-one (21) or more consecutive days.
Section 5. OCCUPANCY OF MANUFACTURED HOME
PERMIT REQUIRED. It shall be unlawful for any person to use,
occupy, dwell in or otherwise reside in any manufactured home
within the R-1 residential district or to install or place a
manufactured home in such district, unless a Special Use
Permit has been issued by the City Council. Such Special Use
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Permit shall be issued in accordance with the provisions of
this ordinance.
Section 6. APPLICATION FOR PERMIT. Application
for a Special Use Permit for a manufactured home shall be made
with the City Clerk. The applicant shall also pay a permit
fee of $50 at the time the application is made. The City
Clerk may require the applicant to submit such information as
may be necessary to determine the applicant's ability to
comply with the provisions of this ordinance. Upon receipt of
such application, the City Clerk shall immediately forward the
same to the City Council, which application shall be
considered within thirty (30) days after its delivery to
City Clerk.
Section 7.
the
COMPLIANCE WITH NATIONAL MANUFACTURING
STANDARDS. All manufactured homes must be certified ender the
National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. Section 5401, et seq.), and
the provisions of Idaho Code Sections 39-4001 through 39-4009,
inclusive, and must be in compliance with such standards at
the time the permit is requested. The City may inspect the
manufactured home to ensure it has not been altered in
violation of such standards.
Section 8. ASSESSMENT AS REAL PROPERTY. Prior to
the issuance of the Special Use Permit, the owner thereof
shall file an irrevocable option with the Bonneville County
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Assessor's office pursuant to Idaho Code Section 63-307(B)
declaring the owner's option to declare the manufactured home
as real property.
Section 9. INSTALLATION. All manufactured homes
shall have the running gear, tongues, axles and wheels removed
prior to the installation thereof. All manufactured homes
shall be attached to a site -built permanent foundation meeting
the Guidelines for Manufactured Housing Installations as
established by the International Conference of Building
Officials, which Guidelines are hereby adopted by reference.
Three copies of such standards shall be maintained at all
times at the office of the City Clerk. For the purposes of
such Guidelines, the Mayor, or any person appointed by the
Mayor, shall have the responsibility of administering and
enforcing such Guidelines. The space beneath the manufactured
home must be enclosed around the entire perimeter of the
dwelling in accordance with such Guidelines, and shall be
constructed of concrete or masonry foundation materials.
Section 10. ENTRY WAYS. At each exit door or
entry way, a permanent landing shall be constructed having a
minimum width of at least 36 inches and a minimum length of at
least 36 inches. All such landings shall be constructed in
accordance with the Uniform Building Code.
Section 11. ROOFING. The roof of the
manufactured home shall have a pitch of at least 2.5:12 and
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shall have a roof surface consisting of asphalt or wood shakes
or shingles, concrete, fiberglass, masonry tiles, slate or
asphalt -and -tar surface. The roof overhang of the
manufactured home shall be not less than six inches, excluding
any rain gutters attached thereto, measured from the vertical
side of the home. Such roof overhang shall not apply to areas
above porches, alcoves or any porch, shelter, cabana, add -on
or storage facility, provided such structures do not exceed 25
percent of the total area of the manufactured home.
Section 12. SIDING. The manufactured home shall
have exterior siding materials consisting of wood, masonry,
concrete, stucco, metal or vinyl lap siding, or any other
material meeting the requirements of the Uniform Building Code
for exterior siding materials.
Section 13. UTILITIES. The manufactured home
shall be permanently connected to all water, sewer and
electric utilities available on site. All utility connections
shall comply with the Uniform Plumbing Code, the Uniform
Building Code and the Uniform Electric Code, as may be adopted
by ordinance of the City Council or by law.
Section 14. MOBILE HOME PARKS. Any manufactured
home which does by law not meet the standards set forth in
this ordinance may be placed only in an approved mobile home
park or subdivision.
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Section 15. PRESERVATION OF PRIOR ORDINANCE. Any
ordinance repealed by this ordinance shall be preserved to the
extent necessary to allow the arrest, prosecution and
punishment of any person violating the same prior- to the
effective date hereof.
Section 16. NON -CONFORMING USES. Any lawful use
of property existing on the effective date of this ordinance
which is rendered non -conforming by virtue of this ordinance
shall be deemed to be a non -conforming use. Such
non -conforming use shall not be deemed to violate this
ordinance, provided, however, in the event of any substantial
change, expansion or abandonment of such use, all rights to
continue such use as a non -conforming use shall terminate.
Section 17. SEVERABILITY. The provisions of this
ordinance are severable, and in the event any provision is
held invalid or otherwise unenforceable, such invalidity or
unenforceability shall not affect the remaining provisions of
this ordinance.
Section 18. EFFECTIVE DATE. This ordinance shall
become effective upon its passage, execution and publication
in the manner provided by law.
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PAS _ D BY THE COUNCIL AND APPROVED BY THE MAYOR this
y- day of
ATTEST:
Ctt�+�:�yesrk
SEAL.)
44y1994.
424TV/;0446y
Karen Hansen
Mayor
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STATE OF IDAHO
:ss
County of Bonneville
I, fl014 A/d fjl //ieth h CITY CLERK OF THE CITY OF
IONA, IDAHO, DO HEREBY CERTIFY:
That the above and foregoing is a full, true and
correct copy of the Ordinance entitled, "AN ORDINANCE
REPEALING SECTION 5(E) OF ORDINANCE NO. 29, ORDINANCES OF THE
CITY OF IONA, IDAHO, WHICH ORDINANCE IS KNOWN AS THE ZONING
ORDINANCE; ESTABLISHING REQUIREMENTS FOR ISSUANCE OF SPECIAL
USE PERMITS FOR PLACEMENT OF MANUFACTURED HOMES WITHIN THE
CITY; DECLARING PURPOSE OF ORDINANCE AND FINDING THAT
INDISCRIMINATE PLACEMENT OF RECREATIONAL VEHICLES, MOBILE
HOMES AND MANUFACTURED HOMES TO BE INCONSISTENT WITH ORDERLY
GROWTH AND DEVELOPMENT OF THE CITY; DEFINING CERTAIN TERMS;
PROHIBITING OCCUPANCY OF RECREATIONAL VEHICLES IN R-1 ZONE;
REQUIRING SPECIAL USE PERMIT FOR INSTALLATION OR OCCUPANCY OF
MANUFACTURED HOMES; ESTABLISHING PROCEDURE FOR APPLICATION FOR
SPECIAL USE PERMIT; REQUIRING COMPLIANCE WITH STATE AND
NATIONAL MANUFACTURING STANDARDS; REQUIRING MANUFACTURED HOMES
TO BE ASSESSED AS REAL PROPERTY; ESTABLISHING STANDARDS FOR
INSTALLATION OF MANUFACTURED HOMES UPON PERMANENT FOUNDATIONS;
REQUIRING CONSTRUCTION OF PERMANENT LANDING NEAR ENTRYWAYS;
PROVIDING CONSTRUCTION STANDARDS FOR ROOFING; SPECIFYING
SIDING MATERIALS; REQUIRING PERMANENT CONNECTION TO UTILITIES;
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PRESERVING PRIOR ORDINANCE; ALLOWING CONTINUATION OF
NON -CONFORMING USES; PROVIDING FOR SEVERABILITY AND FOR
EFFECTIVE DATE."
265.2/DWSD
City Clerk
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AFFIDAVIT ESTABLISHING REAL PROPERTY
NONREVOCABLE OPTION
This document is being filed as per Idaho Code 63-307B to
declare and establish a Manufactured Home as real property.
Description of Manufactured Home:
Year Make Size
Model Serial No.
Legal Description of Land: Parcel No.
Lein Holder, if any: ____
The undersigned owner (s), hereby certify that the running
gear has been xemoved from the Manufactured Home and it has
become permanently affixed to a foundation. The Manufactured
Home and the land are owned, or being purchased, by the same
person or persons.
The exercise of this option shall require the county assessor
to treat this property as real property or as any other
residence in the county, for taxing purposes.
Address Signature
Date
Subscribed and.Sworn to before me, a Notary Public, this
day of , 19
Notary Public .for the State of Idaho
Residing at:
My Commission Expires:
CERTIFICATION
I, / 010A/J /oiz t,S4,1-1 , City Clerk of the City of
Iona, Idaho hereby certify that the attached is a true and
correct copy of the Guidelines for Manufactured Housing
Installations, as adopted by Ordinance No. L{ r , Ordinances
of the City of Iona, Idaho.
DATED this 011.' day of S� ti u a y y
,1990.