ORDINANCE
AN ORDINANCE PROVIDING FOR FIRE SAFETY AND PUBLIC HEALTH STANDARDS FOR THE PLACEMENT OF MOBILE HOMES, MANUFACTURED HOMES, AND MODULAR HOMES WITHIN THE CORPORATE LIMITS OF THE CITY OF BROWNING, MISSOURI.
WHEREAS, the City of Browning recognizes a need for affordable housing for low and moderate income families; and
WHEREAS, the City of Browning would like to provide a mechanism whereby such housing could be provided in a manner that will remain consistent with the city's goals of fire protection, maintaining a safe and clean drinking water supply, and maintaining the general health and safety for the residents of the city, as well as preventing public nuisances and unsafe maintenance of mobile homes, manufactured homes, and modular homes.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BROWNING, MISSOURI, AS FOLLOWS:
As used in this Ordinance, the following terms shall have the meanings indicated, unless the content requires otherwise:
A. Manufactured Home. A factory-built structure or structures which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, contains three hundred twenty or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit,or units with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.
B. Modular Unit. A transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational or industrial purposes. This definition shall not apply to structures under six hundred fifty square feet used temporarily and exclusively for construction site office purposes.
C. Park Trailer. A modular type unit built on a single chassis mounted on wheels, designed primarily as temporary living quarters for seasonal or destination
camping, and having a gross trailer area not exceeding four hundred square feet and not less than two hundred forty square feet in the setup mode.
D. Person. An individual, partnership, corporation or other legal entity.
E. Recreational Vehicle. A vehicular-type unit primarily designed to provide temporary living quarters for recreational, camping or travel use, that either has its own motive power, or is mounted on or towed by another vehicle.
F. A device, label or insignia issued by the Missouri Public Service Commission, U.S. Department of Housing and Urban Development, or its agent, to be displayed on the exterior of the manufactured home, recreational vehicle, or modular unit to evidence compliance with the code.
G. Setup. The operations performed at the occupancy site which renders a manufactured home or modular unit fit for habitation, which operations include, but are not limited to, moving, blocking, leveling, supporting, and assembling multiple or expandable units.
H. Mobile Home. A transportable, factory-built home designed to be used as a residential dwelling and built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
No person may use or occupy a recreational vehicle or park trailer in the corporate limits of the City of Browning as a temporary living quarters for a period exceeding 30 days in any given calendar year.
A. All manufactured homes and modular units must be constructed according
to the standards established by the United States Department of Housing and Urban
Development for constructing such structures and shall bear a seal issued by the U. S.
Department of Housing and Urban Development as required by the Revised Statutes of
Missouri, Chapter 700 prior to any such structure being setup in the corporate limits of the
City of Browning.
B. All mobile homes must be constructed according to the standards established by the United States Department of Housing and Urban Development for constructing manufactured homes and modular units and shall have a seal of approval by the Missouri Public Service Commission indicating that repairs and construction to said mobile home have been completed to make it comply with said standards.
C. All manufactured homes, modular units, and mobile homes must have entryways built in a stable and safe manner. All entryways and decks must be a minimum of four feet by six feet wide, with safety railings.
D. All manufactured homes, modular units, and mobile homes must comply with the following:
1) Have a pitched roof of no less than three inches of vertical rise to each twelve inches of horizontal run;
2) Have roofing materials consisting of composition asphalt shingle, fiberglass shingle, wood shake, baked tile, or crushed rock;
3) Have a roof overhang of not less than one foot measured from the vertical side of the home. When attached carports, garages, porches, or similar structures are an integral part of the home, this overhang may be waived where the accessory structure is attached to the home;
4) Have siding material consisting of wood or wood products, stucco, brick, horizontal lap steel or aluminum, horizontal lap vinyl or rock;
5) Have proper guttering attached; and
6) The hitch, tongue, and axels must be removed.
All manufactured homes, modular units, and mobile homes setup in the corporate limits of the City of Browning shall be set on a permanent foundation. The permanent foundation must meet the following requirements.
(a) All exterior walls must be securely attached to a concrete foundation extending to a minimum of 36 inches below the surface of the ground or below the frost level, whichever is deepest;
(b) The foundation described in subparagraph (a) above shall consist of a minimum of a one foot, eight inch spread footing at the deepest point with number 4 rebar for reinforcement as fully described in the attached Exhibit "A" which is incorporated herein by reference. From the surface of the ground to the point of connection to the manufactured home, modular unit, or mobile home, the concrete wall shall be a minimum of 8 inches in width with number 4 rebar extending to within 3 1/2 inches from the top of said foundation as fully described in the attached Exhibit "A".
(c) The concrete walls extending from the surface of the ground to the point of connection to the base of the mobile home, manufactured home, or modular unit shall contain a ventilation port on each exterior wall with said ventilation port being a minimum of twelve inches in width and eight inches in heighth. If one of these ventilation ports does not provide easy human access to the crawl space, then access must be provided to the crawl space from within the structure of the manufactured home, modular unit or mobile home.
All manufactured homes, modular units, or mobile homes setup in the corporate limits of the City of Browning shall provide at least one off-street parking space on the lot on which said structure is setup to be used by the resident of said structure or his guests. Such parking spaces shall have an area of not less than 200 square feet, exclusive of space necessary to provide access to a street.
No manufactured home, modular unit, or mobile home shall be setup within the corporate limits of the City of Browning unless it is placed upon a city lot a minimum of 35 feet in width, and unless it is set up and maintained a minimum distance of 15 feet from any other structure which is not attached to the manufactured home, modular unit, or mobile home.
Section 7:
All manufactured homes, modular units, or mobile homes must be setup and maintained in accordance with the provisions of RSMo. Chapter 700 which are not in direct conflict with the provisions of this ordinance.
A. No manufactured home, modular unit, or mobile home shall be hooked up to city utilities until it has been inspected by and received approval from the Mayor as being in compliance with this ordinance and RSMo. Chapter 700. The Mayor may designate or appoint a special building inspector to act in his absence.
A. It shall be unlawful for any person to fail to comply with the terms of this ordinance, or to interfere with the Mayor or special building inspector in the performance of his duties.
B. Any person violating or permitting the violation of any other provisions of this ordinance shall be guilty of a Class B Misdemeanor and, upon conviction, be fined not less than $50.00 or not more than $500.00 for each violation, or confined for a period of not more than six months, or punished by both such fine and imprisonment; provided that each day's violation thereof shall be a separate offense for the purpose hereof.
C. Violations of this ordinance shall not require any particular state of mind on part of the Defendant, it being the intent to make all such violations of this ordinance strict liability offenses.