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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 Section 5(E) of Ordinance No. 29, known as the Zoning Ordinance, is repealed. -1- 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 -2- 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 -3- 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 -4- 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 -5- 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 -6- 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. -7- 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. -8- PAS _ D BY THE COUNCIL AND APPROVED BY THE MAYOR this y- day of ATTEST: Ctt�+�:�yesrk SEAL.) 44y1994. 424TV/;0446y Karen Hansen Mayor -9- 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; -10- PRESERVING PRIOR ORDINANCE; ALLOWING CONTINUATION OF NON -CONFORMING USES; PROVIDING FOR SEVERABILITY AND FOR EFFECTIVE DATE." 265.2/DWSD City Clerk -11- 'xv4 4420doid TBuoszad o4 4.oapgnu lost p�t8 Agzadosd Teaz .10J STTOU xex a qunoD 04 goepgns Agsodozd pas )RTogm sr pagTaosap aaog2 ago Us?Tgrlsa sT uoT4exeToap sTLII : iWaadoid pagTsosap 6uTAoTTo; a og quntm4indde Al. edoad 'sea 144zogeouaq aq TTegs pue sT aisinep Agazaq sr pagzsosap A4sadosd teuoszad gem paubIsaapun ats AIlmayolm Zegy omilis 'layLsa zatocaLiav 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.