Chapter 52
MANUFACTURED HOMES
Article I. In General
Secs. 52-1– 52-25. Reserved.
Article II. Manufactured Homes Code
Sec. 52-26. Short title.
Sec. 52-27. Purpose of regulations.
Sec. 52-28. Definitions.
Sec. 52-29. Placement of manufactured home; procedure.
Sec. 52-30. City regulations applicable to all manufactured homes.
Sec. 52-31. Concrete pads.
Sec. 52-32. Penalties.
Sec. 52-33. Unconstitutional provisions, invalid applications, severability.
ARTICLE I.
IN GENERAL
Secs. 52-1– 52-25. Reserved.
ARTICLE II. Sec. 52-26. Short title.
This code shall be known and may be cited as the "Manufactured Homes Code."
(Ord. No. 93-4, § 1, 4-26-93; Ord. No. 06-30, § 1, 7-10-06)
State law references: 65 ILCS 5/11-5-8; 210 ILCS 115/18.
Sec. 52-27. Purpose of regulations.
It is deemed by the city council that it is in the best interest of the city that the placement and location of manufactured homes upon real estate within the corporate limits of the city be regulated.
(Ord. No. 93-4, § 2, 4-26-93)
Sec. 52-28. Definitions.
For the purpose of this Code, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Concrete pier means a supporting structure of poured concrete that is at least four square feet in width and depth extending 30 inches into the ground. Concrete blocks may be used in place of poured concrete from the ground level of the concrete pier up to the mobile home being supported.
Livable, habitable condition means the unit is currently fit for permanent habitation by a person. It shall include, but is not limited to, having workable and functionable doors and windows.
Manufactured home means a dwelling unit designed and built in a factory, which bears a federal label certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law (42 U.S.C. 5401 et. seq.), and includes, but is not necessarily limited to, mobile homes.
Mobile home or trailer means any vehicle either self-propelled or propelled by means of being attached to a motor vehicle, which may be used as a place of abode or residential dwelling, and which has no other foundation other than the wheels required for its movement from one place to another.
(Ord. No. 93-4, § 3, 4-26-93)
Sec. 52-29. Placement of manufactured home; procedure.
(a) No person shall place or locate a manufactured home of less than 23 feet in width on a parcel of real estate or lot located within the corporate limits of the city without first obtaining the necessary approvals and permits as provided for in this section. This section shall not apply to a person placing or locating a manufactured home on a parcel of real estate or lot in a mobile home park licensed under the Illinois Mobile Home Park Act, except that paragraph (g) shall apply.
(b) Any owner of any real estate located in the city desiring to place a manufactured home of less than 23 feet in width on said property shall first make application to the zoning board of appeals for a variance, on a form as established by the city. The application shall be accompanied by the following:
(1) A plot plan showing the exact location and dimensions of the parcel or lot.
(2) A description and dimensions of the proposed manufactured home to be located thereon.
(3) A drawing showing the exact location of the home on the parcel or lot.
(4) Color photographs of at least three exterior sides of the proposed manufactured home. Such photographs are to be of such quality as to enable the viewer to judge the condition and appearance of the proposed manufactured home. These photographs shall be supplied by the applicant at the applicant's expense.
(5) A nonrefundable application fee of $150.00.
(6) A list of the owners, and their addresses, as recorded in the office of the recorder of deeds for Clark County, Illinois, and as appears from the authentic tax record of Clark County, of all property within 300 feet in each direction of the real estate upon which the placement is requested; provided, that the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 300 feet requirement.
(c) The application shall be submitted to the board of appeals for approval after the same has been submitted in proper form and in compliance with the requirements of paragraph (b) above.
(d) Upon submission of the application to the board of appeals, the board shall schedule a public hearing to review and consider the application for approval and to give notice of the hearing by publishing a notice in a local newspaper one time, at least 15 days and not more than 30 days before the date of the hearing. The notice shall contain the name of the applicant, the exact location of the parcel or lot where the proposed manufactured home is to be placed and the date, time and the place of the hearing.
(e) Not less than 15 nor more than 30 days before the public hearing, the applicant shall serve written notice, either in person or by registered mail, on the list furnished pursuant to paragraph (b)(6) of this section. The notice herein required shall be in the form in the appendix to this article. If after a bona fide effort to determine such address by the applicant, the owner of the property of which the notice is to be served cannot be found at his or her last known address, or the mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of this subsection shall be deemed satisfied (and in such case an affidavit to that effect must be submitted to the board of appeals along with the proof of service of notice). In addition to serving the notice herein required, at least seven days before the hearing, the applicant shall furnish to the board of appeals a copy of the notice and proof of service of notice in the form contained in the appendix to this article (if served by registered mail, and if served by personal service then by appropriate affidavit), along with a list of owners so served. The board of appeals shall hear no application unless the applicant furnishes the notice, proof of service of notice and list herein required.
(f) Application approval/disapproval criteria.
(1) The board shall consider the following factors in deciding whether or not to approve the application:
a. The age, appearance and condition of the manufactured home.
b. The number of other manufactured homes in the surrounding area.
c. The effect of the manufactured home on property values in the area.
d. The number of families occupying the manufactured home.
e. Any other factor relevant to the facts of the individual application.
(2) The application shall not be approved if the manufactured home:
a. Is not in a livable, habitable condition.
b. Is older than five years in age.
(3) If the zoning board of appeals approves the application, the applicant shall then apply for a building permit and a certificate of occupancy as provided for in the city's zoning ordinance, and pay the necessary filing fees therefore.
(g) Requirements after approval.
(1) If approved, and if all other applicable ordinances have been complied with then following the payment of the required fees and the issuance of the building permit and the certificate of occupancy by the zoning officer, the applicant may place the manufactured home onto the approved location or site.
(2) The city collector shall prepare a registry of all manufactured homes which have been approved for location in the corporate limits of the city. Such registry shall be made available for public inspection in the office of the collector.
(3) Each owner of a manufactured home, mobile home or trailer located within the corporate limits shall annually no earlier than January 2 and no later than February 15 of each year register with the county supervisor of assessments if the owner also owns the lot or parcel upon which the unit is placed and with the county treasurer if the owner does not also own the lot or parcel upon which the unit is placed.
(Ord. No. 93-4, § 4, 4-26-93; Ord. No. 95-16, § 1, 10-9-95; Ord. No. 2-19, § 4, 11-25-02; Ord. No. 06-30, § 2, 7-10-06)
Sec. 52-30. City regulations applicable to all manufactured homes.
(a) In addition to other applicable city ordinances all mobile homes and trailers shall:
(1) Have only one unit or a double-wide unit on a lot.
(2) Be of a minimum size of 700 square feet as shown by the dimension on the unit title. (This subparagraph does not apply to units already in place at the time of the effective date of this Code; however, it will apply if the unit is moved to a different lot or parcel of real estate.)
(3) Have a building permit as provided in the zoning ordinance.
(4) Have a perimeter enclosure or skirting around the base of the unit extending from the unit to the ground. The enclosure or skirting shall be of solid, nontransparent material consisting of one of the following: steel, aluminum, vinyl, masonry, wood or fiberglass. The enclosure or skirting shall be installed within a maximum of 90 days after the unit has been placed onto the location or site. All units already in place at the time of the passage of this code shall install such enclosure or skirting within 90 days after the effective date of this Code.
(5) Be in a livable, habitable condition.
(6) Have a dustless, off-street parking area of 180 square feet of appropriate dimensions for the parking of an automobile, exclusive of the access drives or aisles thereto.
(7) Have a concrete pad that complies with this Code.
(8) Be connected or hooked up to public utility systems within 30 days after the permit is issued for units locating within the city under the terms of this Code and within 30 days after the effective date of this Code for units existing in the city at the time of the passage of this Code.
(9) Be properly tied down pursuant to the Mobile Home Tie Down Act if the mobile home has been moved or set up on site after December 31, 1979.
(b) All manufactured homes which are not mobile homes or trailers shall, in addition to other applicable city ordinances, comply with all of the provisions of paragraph (a) above, except for subparagraphs (7) and (9).
(Ord. No. 93-4, § 5, 4-26-93)
Sec. 52-31. Concrete pads.
All mobile homes or trailers shall be placed on either a reinforced concrete pad at least 12 feet wide by 60 feet in length, two reinforced concrete runners one foot wide and the length of the mobile home or trailer, or on concrete piers. The concrete pads shall consist of four inches of reinforced concrete or six inches of concrete. A concrete footing is optional. All piers and footings shall comply with the definition of the same. Expandable units shall be provided with piers at each corner of the unit.
MANUFACTURED HOMES CODE
| STATE OF ILLINOIS | ) | |
| ) | SS. | |
| COUNTY OF CLARK | ) |
________, the applicant, being first duly sworn, on oath deposes and says he/she is over 18 years of age and resides at ________ in the City of ________ in the County of ________, State of ________; that he/she is an applicant in a proceeding before the Zoning Board Of Appeals, City of Marshall, being an application under the City of Marshall Manufactured Homes Code and which is set for hearing before said board of appeals on ________, 20________, and which relates to the placement or location of a manufactured home on the premises situated at ________, Marshall, Illinois 62441; that he/she gave notice of this proceeding to each and all of the persons named on the list of owners of property affected by the mailing on ________, 20________, by registered mail, to each of said owners of a notice, a true copy of which notice and list of owners is attached to this affidavit.
Further, the undersigned says that the attached list of owners is a full and complete list of all owners, as recorded in the office of the recorder of deeds of Clark County, Illinois and as appears from the authentic tax records of such county, of all property within 300 feet of the premises for which the placement or location is being sought; provided, that the number of feet occupied by all public roads, streets, alleys and other public ways is excluded in computing the 300 feet requirement.
Dated ________, 20________.
____________________ Signature
SUBSCRIBED AND SWORN TO before me this day of ________, 20________.
____________________ NOTARY PUBLIC
(Ord. No. 06-30, § 3, 7-10-06)