HomeMy WebLinkAboutAmending Chapter 21 Regulating Placement & Installation of Manufactured HomesORDINANCE No. 7065 -82
Passed by the Common Council of the City of South Bend,
June 14 19 82
Presented by me to the Mayor of the City of South Bend,
Approved and signed by me
Clerk
IRENE K. GAMMON
of Common Council
19 82
p IRENE K. GAMMON
o
TO d Z
Clerk
ORDINANCE NO. ypr. 'r-'y -1,
AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL
CODE OF THE CITY OF SOUTH BEND, INDIANA REGULATING
THE PLACEMENT AND INSTALLATION OF MANUFACTURED HOMES
STATEMENT OF PURPOSE AND INTENT
It is the intent of this Ordinance to amend Chapter 21 of
the South Bend Municipal Code governing zoning to comply with the
State mandate, as contained in Public Law Number 312, Acts of 1981,
that local ordinances may not totally preclude all manufactured
homes constructed after January 1, 1981, and which exceed 950 square
feet of occupied space, from being installed as permanent residences
on any lot on which any other type of dwelling unit may be placed.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of
the City of South Bend, Indiana that the Zoning Ordinance be amended
as follows:
SECTION I: The following sections of Chapter 21 of the
South Bend Municipal Code be amended to read as follows:
Section 21- 1(a)(17)
Dwelling means a building or portion thereof arranged or
designed to provide living facilities for one (1) or more
families. Dwelling includes a manufactured home mobile
home modular home and site constructe home but does not
inclu e a motel, hense- trailer7- taebile- hea3e, or hotel_ or
aetefflebile- eearts:
Section 21- 1(a)(38.1)
a tactory, whiCn bears a seal certlrying t
in compliance with the National Manufactur
on
seq..
Section 21- 1(a)(38.
11
Manufactured Home, Type A means a manufactured home which:
(a) was constructed after January 1, 1981, and
is placed onto a permanent undertloor support syste:
ns
n Section Gl-
(e) has wheels, axles, and hitch mechanisms removed, and
(f) has siding material of a type customarily used
site - constructed nomes, as specitleo in section zl-
has roofine material of
Section 21- 1(a)(39)
Mobile home means any vehicle or portable structure
designed for long -term occupancy, containing sleeping
accommodations, a flush toilet, a bathtub or shower,
kitchen facilities and plumbing end electrical connections
providing for attachment to outside systems; designed to
be transported after fabrication on its own wheels,
flatbed truck, other trailer or detachable wheels; which,
when arriving at the site where it is to be occupied as a
complete dwelling unit, including major appliances, is
ready for occupancy except for minor and incidental
unpacking and assembly operation, located on foundation
supports, and is connected to external utilities and
electrical system. "Mobile home" It does not include a
modular home or manufactured home. Tvve A.
Section 21- 1(a)(40)
Mobile home park lot means a designated site within a
mobile home park for the exclusive use
of the occupants of a single mobile home.
Section 21- 1(a)(40.1)
Mobile Home Subdivision Lot means a designated site within
a mobile home subdivision for the exclusive use of the
occupants of a single family dwelling unit.
Section 21- 1(a)(41)
Mobile home park means a tr-aet aarcel of land in single
ownership which has been developed — with all necessary
facilities and services in accordance with a site
development plan meeting all the requirements of this
chapter and which is intended for the express purpose of
providing a satisfying living environment for mobile home
residents on a long term basis.
Section 21- 1(a)(42)
Mobile home subdivision means a parcel of land developed
under single ownership but where lots are sold for use of
sin le famil dwellin s mobile - heroes and where either
pub is utilities are provided or utilities are provided by
management for a service charge.
Section 21- 1(a)(42.05)
Modular home means a strueture-er-eeiapeaeat-theree€- whisk
is- wholly- e- ia- sxbstaat #al- gait- €abieated- is- ax -e €€ -site
manta €aetxring- €aellity - €er -Ins tallation -e - assembly -ex -a
permanent- €exaE1 atlea -at- the - bxilding -site. dwelling,
designed and built in a factory for installation or
assembiv a
t it was
11
ance
Section 21- 1(a)(42.2)
National Manufactured Housing Construction and Safety
Standards Code means Title VI of the 1974 Housing and
-2-
Development Act (42 U.S.C. 5401 et sequential
opted thereunder. which inc
�r�� �rr��•
D artment of Housing and Urban Development pursuant to
De
rules and re ulations an inter retations of said
code by_the Indiana Administrative Buil ing Council.
Section 21- 1(a) 3)
Neighborhood Development Committee; An advisory committee
to the Historic Preservation Commission established under
the provisions of this chapter.
Section 21- 1(a)(44.1)
Occupied Space means the total area of earth horizontal)
covered by the structure, excluding accessory structures,
such as, but not limited to garages, patios and porches.
Section 21- 1(a)(45.1)
One and Two Family Dwelling Code means the nationally-
recognized model buildin code re ared b the Council of
American Building Officials. adopted by t e Indiana
s or iyil, and, which includes those
ndments Dromuleated by the ABC.
Section 21- 1(a)(45.2)
Permanent Perimeter Enclosure means a permanent perimeter
structural system completely enclosing the space between
the floor joists of the home and the ground.
Section 21- 1(a)(47.3)
Section means a com onent of a Manufactured Home, T e A
which is at least twelve 1 body feet in width an
thirty (30) body feet in length, and which does not by
itself constitute a dwelling unit.
Section 21- 1(a)(48.3)
Site Constructed Home means a dwelling, primarily
constructed on the site where it is to be occupied, meet-
ing the building codes in effect at the time of construc-
Section 21- 8(a)(1)
OnE- famiiy- Oweiiings Single Family Dwellings of the
Following Types:
(1.1) Site Constructed Home, and
(1.2) Modular Home and
1.3 Manufactured Home, Type A
rovided the followin information is certified to
E o Bui in Commissioner upon a lication or a
building permit:
(A) Manufacturer and
B Model Name Serial Number and
C Year of Manu acture an
D Exterior Dimensions, an
-3-
(E) Roofin Material and
F Si ing Materia an Treatment.
Section 21 -13(b)
Mobile homes and manufactured homes which are not Type A
may be located only within a B-1 Residential District.
Section 21 -14 "B -1" Residential District; uses permitted.
(a) In the "B -1" Residential District no building,
premises or dwelling shall be used and no building or
dwelling shall be erected, moved, structurally altered or
enlarged, which is intended or designed to be used in
whole or in part for other than one (1) or more of the
following specified uses:
(1) Mobile home park.
(2) Mobile home subdivision.
(3�--- Siegler- €aaai�y- dssebl }erg -w terra- -me b31�- -hQ e- strtr-
di isiee prow -Wed- t -hey -me et- -al l.- T-ega- . -&tietrs-- adeprted -may -tire
el-ey.
-(*4 - (3) Accessory buildings customarily incidental to
any of the uses permitted within this district.
-(-5)- (4) Self- service laundry establishments, provided:
(A) The use is located within a mobile home park
and is so placed as to be intended only for the
use of the residents within the park and shall
not present any visible evidence of its
commercial nature to areas outside the park.
(B) Reserved.
(C) There shall be two (2) improved off - street
parking spaces or one (1) per three (3)
principal operating machines, which ever is
greater.
-F6)- (5) Reserved
(6) Customary agricultural uses, except farms
operated for disposal of refuse, garbage, offal and furs,
or farms which are to be operated for slaughter, pen
feeding and stock raising.
-(8)- (7) Service building and other community buildings
for exclusive use of the residents of only the mobile home
park.
-(9)- (8) No tractor - trailer combination vehicle or other
truck or detached trailer in excess of three - quarters ton
capacity may be parked upon any land or premises in a
"B -1" Residential District.
Section 21- 15(a)(2)
Each mobile home park lot shall be provided with water and
sewage as determined by the Mobile Home Act, Section 13
and 14. Each lot shall also be connected to electricity.
aAM
Section 21- 15(a)(3)
Each mobile home park lot shall be provided with submerged
or hidden refuse containers which have tight sealing lids.
Section 21- 15(a)(5)
The minimum area per mobile home park lot shall be four
thousand (4,000) square feet.
Section 21- 15(a)(6)
The minimum mobile home park lot width shall be forty (40)
feet except around cul -de -sacs where the minimum frontage
accepted shall be twenty -five (25) feet provided that
thirty (30) feet, on a radial, from the pavement edge the
lot width is forty (40) feet.
Section 21- 15(a)(10)
Each mobile home park lot shall be provided with a
foundation designed to support the maximum anticipated
loads during all seasons and approved by the Building
Commissioner. When solid concrete slabs are not used, the
area between the foundation shall be filled with a four
(4) inch layer of washed rock.
Section 21- 15(a)(12)
Off street parking must be provided to accommodate at
least one and one -half (1 -1/2) vehicles per mobile home
park lot. There shall be a conveniently located area& for
visitor parking at a ratio of one -half (1/2) spaces per
lot with a minimum of twenty -five (25) spaces provided per
park.
Section 21- 15(a)(15)
At least two hundred and fifty (250) square feet per
mobile home park lot, not to include streets, parking
areas, park service area and not a part of the mobile home
park lots, shall be provided in one or more locations on
the premises for recreation purposes. The minimum of such
a recreation areas- shall be twenty thousand (20,000)
square feet or the above whichever is greater.
Section 21- 15(a)(16)
Each mobile home park shall be provided with either one
(1) central waterproof structure, with one (1) space per
lot, available to all mobile home park lots or a single
waterproof structure on each mobile home park lot suitable
for storage of goods and the usual personal effects of
persons occupying the mobile home park.
Section 21- 15(a)(18)
Concrete sidewalks, a width of
shall be constructed and locat
provide access from all mobile
common use areas in the park.
provided from all entrances to
streets and /or sidewalks.
-5-
four (4) feet minimum,
ad in such a manner as to
home park lots to all
Also, sidewalks must be
mobile homes to adjacent
Section 21- 16(a)(6)
No more than one (1) mo4#3e heme -sin le famil dwelling
unit shall be placed on any one (1 mobile home sub-
division lot.
Section 21- 16(a)(7)
No sin le family dwelling unit with less than
five hundred (500 square feet in a primary unit, ex-
clusive of cabanas, shall be permitted on any lot in a
mobile home subdivision.
SECTION II: That Chapter 21 of the South Bend Municipal
Code be amended to include a new Article 11, as follows:
ARTICLE 11 INSTALLATION. SIDING AND ROOFING STANDARDS FO
Section 21 -175 Installation Standards
(a) Permanent perimeter enclosure:
A manufactured home T e A must be set into an
excavated area with crawl space walls or
basement walls constructed in accordance with
cooe. me space between the rloor foists or
shall be completely enclosed with the permanent
perimeter enclosure, except for requried open-
ings.
(b) Support System:
mance wita the re u
amily Dwelling Co e
manufacturer's installation specifications.
Section 21 -176 Siding Standards
(a) The following siding materials are approved f
usage in Manufactured Homes, Type A:
(1) Residential horizontal aluminum lap
siding,
2) Residential horizontal vinyl lap siding,
3 Cedar or other wood siding,
Wood grain, weather resistant, press boa
siding,
(5) Stucco siding,
6) Brick or stone siding.
Section 21 -177 Roofing Standards:
The following roofing materials are approved
for usage on Manufactured Homes, Type A:
(1) Asbestos shingles on a roof pitched ac-
cording to the design specifications of
the shingles,
(2) Fiberglass shingles on a roof pitched
according to the design specifications of
the shingles
(3) Shake shingles on a roof pitched accordin
IM
(4) Asphalt shingles on
ing to the design s
shingles,
(5) S al te,
(67 Tile.
roof pitched accord -
ifications of the
SECTION III. This Ordinance shall be in full force and
effect from and after its passage by the Common Council and approved
by the Mayor and legal publication.
PUBLIC HEARING 6 - /t/ & Z
2nd READING
NOT APPROVER
REFERRED _
PASSED /� W
—7—
v
MR - /A
I • ' • • 11711
FILED IN CLERIPS OFFICE
MAY 19 1982
Irene Gammon
CITY CLERK, sDBTN BEND, IND.
Richard L. Hill
City Attorney
Robert M. Parker
Chief Deputy
Charles A. Asher
Thomas L. Bodnar
Gregory D. Loughridge
Carolyn V. Pfotenhauer
Robert C. Rosenfeld
Eugenia S. Schwartz
Kathleen E. Skiba
CITY ®I SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
Members of the Common Council
Council Chambers
4th Floor County -City Building
South Bend, IN 46601
RE: Manufactured Homes Ordinance
Dear Members of the Council:
May 19, 1982
219/2849241
The attached ordinance amends Chapter 21 of the South Bend Municipal
Code governing zoning and brings it into compliance with State law .
which provides that a local ordinance may not totally preclude all
manufactured homes constructed after January 1, 1981, and which
exceed nine hundred fifty (950) square feet of occupied space from
being installed as permanent residences on any lot on which any
other type of dwelling may be placed.
As you know, this ordinance is a cooperative effort of the Area Plan
Commission, the City and County Building Departments, and City and
County Attorneys. It sets specific standards for the type of
manufactured home which can be placed in residential areas. All
other manufactured homes will be permitted in mobile home parks and
mobile home subdivisions only.
This ordinance was given favorable recommendation by the Area Plan
Commission and by the Council committee. Since the State law
becomes effective July 1, 1982, it is important that our ordinance
be in place by that date in order to protect the integrity of our
residential neighborhoods.
Sincerely,
Carolyn V. Pfoten uer
Assistant City Attorney
CVP /caw
Attachments
93'
AREA PLAN COMMISSION
OF ST. JOSEPH COUNTY, IN
Room 1140 County -City Building
April 21, 1982
The Honorable Common Council
South Bend, Indiana 46601
RICHARD S. JOHNSON
Executive Director
(219) 284 -9571
City of South Bend
4th Floor, County -City Bldg.
South Bend, IN 46601
RE: An ordinance initiated by the Area Plan Commission amending Chapter 21
of the Municipal Code of the City of South Bend, Indiana regulating
the placement and installation of manufactured homes
Gentlemen:
The attached ordinance initiated by the Area Plan Commission was legally
advertised April 10, 1982. The Area Plan Commission gave it a public hearing
on April 20, 1982, at which time the following action was taken:
Upon a motion by Rene Vandewalle, being seconded by Richard
Larrison and unanimously carried, the motion to amend the
ordinance initiated by the Area Plan Commission amending
Chapter 21 of the Municipal Code of the City of South Bend,
Indiana regulating the placement and installation of
manufactured homes by renumbering Section 21- 1(a)(42.2)
as 21- 1(a)(42.3) is approved.
Upon a motion by Richard Larrison, being seconded by William
Limerick and unanimously carried, the ordinance initiated by the
Area Plan Commission amending Chapter 21 of the Municipal Code
of the City of South Bend, Indiana regulating the placement and
installation of manufactured homes, as amended, is sent to the
Common Council with a favorable recommendation.
The deliberations of the Area Plan Commission and points considered in arriving
at the above decision are shown in the minutes of the public hearing, and will
be forwarded to you at a later date to be made a part of this report. Attached,
for your consideration in the review of this matter, is a copy of the Area Plan
Commission's Staff Report.
Sincerely,
Richard S. Johnson
Executive Director
RSJ /bsj
Attach.
SMeivin�i tiuktl$l dP(N ,CM)en New Carlisle, North Liberty, Roseland & St. Joseph, County, IN
STAFF REPORT
April 8, 1982
MY "17'Y.YA Yom'tl'icIIMA
Indiana Public Law Number 312, 1981 states that local ordinances may not
totally preclude all manufactured homes constructed after January 1, 1981,
and that exceed 950 square feet of occupied space, from being installed as
permanent residences on any lot on which any other type of dwelling unit
may be placed. Separate ordinance amendments have been drafted for the
City of South -Bend, St. Joseph County, and the Towns of Lakeville, North
Liberty, New Carlisle and Roseland to bring these zoning ordinances into
compliance with this State law.
Public Law No. 312
(H. 1032. Approved March 27, 1981)
AN ACT to amend 1981 IC 36 -7 concerning planning and
zoning restrictions for residential housing.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 36 -7 -4, as added by H.E.A. 1002 of the 1981
2 Regular Session of the General Assembly, SECTION 23, is amended
3 by adding a NEW section 1106 to read as follows: Sec. 1106 (a) As
4 used in this section:
5 "Manufactured home" means a dwelling unit, designed and built
6 in a factory, which bears a seal certifying that it was built in
7 compliance with the federal Manufactured Housing Construction
8 and Safety Standards Law ( 42 U.S.C. 5401 et seq.).
9 "Underfloor space" means that space between the bottom of
10 the floor joists and the earth.
11 "Occupied space" means the total area of earth horizontally
12 covered by the structure, excluding accessory structures such as,
13 but not limited to, garages, patios and porches.
14 (b) Comprehensive plans and ordinances adopted under the
15 provisions of this chapter may subject dwelling units and lots to
16 identical standards and requirements, whether or not the dwelling
17 unit to be placed on a lot is a manufactured home or some other
18 type of dwelling unit. These standards and requirements may
19 include, but are not limited to:
20 (1) setback distance;
21 (2) side and rear yard area;
22 (3) vehicle parking space;
23 (4) minimum square footage of the dwelling unit; and
24 (5) underfloor space enclosure requirements.
25 However, aesthetic standards and requirements pertaining to the
26 home structure itself which are adopted under this section may
27 only pertain to roofing and siding materials.
28 (c) METRO. Standards and requirements, specified in
29 comprehensive plans and ordinances, adopted under this section for
30 lots and dwelling units may not totally preclude all manufactured
31 homes constructed after January 1, 1981, and that exceed twenty -
32 three (23) feet in width and nine hundred fifty (950) square feet of
33 occupied space, from being installed as permanent residences on
34 any lot on which ady other type of dwelling unit may be placed.
35 (d) ADVISORY -- AREA. Standards and requirements,
36 specified in comprehensive plans and ordinances, adopted under this
37 section for lots and dwelling units may not totally preclude all
38 manufactured homes constructed after January 1, 1981, and that
39 exceed nine hundred fifty (950) square feet of occupied space, from
40 being installed as permanent residences on any lot on which any
41 other type of dwelling unit may be placed.
42 SECTION 2. This act takes effect July 1, 1982.
tdmttutmo Report
Ulu tke (fammu Tonurd of the kith# of ft44 Stak-
Your Committee OF THE WHOLE
to whom was referred
RTT.T. Mr)
58 -82 A BILL AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY
OF SOUTH BEND, INDIANA REGULATING THE PLACEMENT AND INSTALLATION
OF MANUFACTURED HOMES.
Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED
TO THE COUNCIL FAVORABLE.
JOHN VOORDE
Chairman
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