HomeMy WebLinkAboutA003 - Legal opinion dated September 18, 1984 CITY 11 fill&
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515/232-6210
September 18, 1984
Honorable F. Paul Goodland, Mayor,
And Members of the City Council
Of The City of Ames, Iowa
In Re: "Manufactured Homes"
Dear Mayor Goodland and Council Members:
Item Eight on the consent agenda is a motion to set September 25 as the
date of hearing on revising the zoning regulations of the City to be
consistent with a new state law pertaining to "manufactured homes".
Attached to this is a revised page two for the form of ordinance sent to
you with your packet on Friday. Your attention is invited to several
aspects of this matter.
First, it was hoped that there could be some way to regulate "manufac-
tured homes" without having to apply the same regulations to all homes.
However, the state law is worded in such a way as to make that imposs-
ible. So, be aware that the regulations enacted by this ordinance will
apply to all dwellings of any kind.
Second, the ordinance will require all dwellings to be at least twenty
feet wide. That is not likely to make any but a very few existing
dwellings "non-conforming". It will not, however, prevent location of
"manufactured homes" in the form of what are commonly called the "double
wide mobile home" in any residential district. I'm told that the
"double wides" go to twenty-four feet in width. An ordinance requiring
all dwellings to be wider than that would perhaps preclude the "double
wides", but would be ill-advised for two reasons: (1) it would make a
noticeable number of low cost site-built homes "non-conforming", and (2)
it could be attacked, legally, as an invalid attempt to restrict "manu-
factured homes" to mobile home districts contrary to the apparent state
policy. Therefore, the "double wides" on a foundation will simply have
to be accepted by the neighborhoods as a lawful form of housing, except
in those locations where it may be privately prohibited by valid re-
strictive covenants.
Third, some slight attempt at design regulation and architectural review
of all dwellings is a part of this ordinance. It takes the form of
specifications for exterior siding, with a clause for determination by
the zoning administrator of what is "incompatible". There is a right of
appeal to the Zoning Board of Adjustment for those aggrieved by a deci-
sion one way or the other. After some vacillation, a requirement for
"pitch" in roof design was excluded from the proposed ordinance because
it would make a number of existing homes "non-conforming" and cause too
much impedence to variations in the design of future homes.
Respectfully submitted,
John R. Klaus
City Attorney
cc City Manager
Planning & Housing
Building Inspector
(2) Although a "mobile home" as defined in subsection
29.2(21) Ames Municipal Code may be so modified and
converted as to become a "manufactured home" within the
meaning of the Iowa law and these regulations and there-
by not be subject to the provisions of Section 29.20,
"R-5" (Mobile Home) District, nothing iii this section
shall be interpreted or construed as permitting a mobile
home at any location other than in an R-5 mobile home
district.
(3) Neither the provisions of this section, or of section
29.20 of the Ames Municipal Code shall pertain to what is
called the "modular home", which is housing built in
whole or in part off the site of its occupancy and use
and certified by the State of Iowa as meeting the State
Building Code. If so certified by the State of Iowa,
"modular homes" shall be governed by the same regula-
tions and standards as pertain to housing that is built at
the site of its occupancy and use.
(4) All dwellings, of any kind, located outside the R-5
(Mobile Home) District, shall meet the following minimum
standards:
(a) The principal portion or main body of the structure
shall have a width and length of not less than
twenty (20) feet.
(b) The siding of the structure shall consist of wood,
simulated wood siding (to include horizontal lapped
steel or aluminum siding), brick, stone, stucco or
concrete; and, furthermore, shall not have an
appearance or condition incompatible with conserv-
ing the market value and benificial use and enjoy-
ment of adjacent buildings, as determined by the
person responsible for zoning administration. Any
person aggrieved by that determination may appeal
to the Zoning Board of Adjustment as by law
provided.
(5) Manufactured homes shall conform to all electrical, plumb-
ing, building, fire prevention, rental housing and zoning
regulations of the City of Ames except those from which
it is clearly exempted by State of Federal law or the
provisions of this section.
Section Two. Any and all ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such conflict, if
any.
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