Chapter 15.14
MOBILE HOMES
Sections:
15.14.020 Historic district locations prohibited.
15.14.030 Other locations south of 15th Avenue.
15.14.070 Compliance with other laws and regulations.
15.14.010 Definitions.
A. "Mobile home" means a detached single-family dwelling designed for long-term human habitation and having complete living facilities, constructed and fabricated into a complete unit at a factory and capable of being transported to location of use on its own chassis and wheels, identified by model number and serial number by its manufacturer, and designed primarily for placement on an impermanent foundation. A mobile home shall continue to be classified as such regardless of its actual placement upon concrete or other permanent foundation, or removal of wheels, or addition of base skirts, or any combination of the foregoing. The connection of two (2) mobile homes by means of a breezeway, arctic entry, or common roofline does not constitute a single building, structure, or mobile home and shall not be deemed to make them a single building, structure, or mobile home, on lots south of 15th Avenue.
B. "Mobile home not intended as dwelling unit," as, for example, equipped for sleeping purposes only, contractor’s on-site offices, construction job dormitories, mobile studio dressing rooms, banks, clinics, mobile stores, or intended for the display or demonstration of merchandise or machinery.
C. "Modular home" means a single-family dwelling unit designed for long-term human habitation and meeting the requirements for "manufactured home."
D. "Manufactured home" means a detached single-family dwelling designed for long-term human habitation and having complete living facilities; structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body 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. Siding shall consist of materials such as wood (beveled, shiplap, log, etc.), T-111, Hardi-plank, Hardi-board, Cladwood or other nonmetallic materials. Roofing shall consist of asbestos 3-tab shingles or steel roof with sheet widths no larger than thirty-six inches (36"). The connection of two (2) manufactured homes by means of a breezeway, arctic entry, or common roofline does not constitute a single building, structure, or mobile home and shall not be deemed to make them a single building, structure, or manufactured home, on lots south of 15th Avenue.
E. "Relocatable structure" means a completely assembled building that is constructed in a building manufacturing facility using a modular construction process. They are designed to be reused or repurposed multiple times and transported to different locations. A manufacturer’s date plate or written verification from the manufacturer shall be the basis for determining code compliance. Each relocatable structure shall be accompanied by documentation from the manufacturer and have a date plate that is affixed to the unit. The documentation or the date plate shall include the following information: manufacturer’s name and address, serial number, date of manufacture, the quality assurance agency or approved inspection agency, codes and standards of construction, design live roof load, design live floor load, snow load, wind and seismic design, envelope thermal resistance values, electrical service size, fuel burning equipment, and size and special limitations if any. Relocatable structures shall connect to municipal utilities or a DEC-approved septic and water system and are not required to be attached to a permanent foundation. Relocatable structures will be limited to no larger than one thousand (1,000) square feet and contain no more than three (3) independent dwelling units.
(Ord. 20-22, Amended, 02/04/2021; Ord. 19-07, Amended, 05/16/2019; Ord. 13-17, Amended, 07/11/2013; Ord. 08-07, Amended, 02/21/2008; Ord. 95-01, Amended, 02/16/1995; Ord. 90-15, Amended, 05/31/1990; Ord. 84-20 § 5 (part), Repealed & Replaced, 10/11/1984)
15.14.020 Historic district locations prohibited.
No mobile home, including a double-wide or modular home on a permanent foundation, recreational vehicle, storage trailer, van, or relocatable structure shall be permitted to be located in the historic district as elsewhere identified in the municipal code.
(Ord. 20-22, Amended, 02/04/2021; Ord. 08-07, Amended, 02/21/2008; Ord. 84-20 § 5 (part), Repealed & Replaced, 10/11/1984)
15.14.030 Other locations south of 15th Avenue.
No mobile home or mobile home park may be positioned or located south of 15th Avenue.
(Ord. 20-22, Amended, 02/04/2021; Ord. 13-17, Amended, 07/11/2013; Ord. 84-20 § 5 (part), Repealed & Replaced, 10/11/1984)
15.14.040 Nonconforming uses.
A. Intent. Within the zones established and areas designated in this chapter, there exist uses of land and structures which were lawful before this chapter was adopted in 1977 but which would be prohibited under the terms of this chapter. It is the intent of this provision to permit these nonconforming uses to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the zones involved. It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded, nor used as grounds for adding other structures or uses prohibited elsewhere in the same zone. This section shall be interpreted with a view toward the public policy of early termination of nonconforming uses, and ambiguities shall be construed restrictively against perpetuation of such uses.
B. Enlargement. A nonconforming use or structure shall neither be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of this chapter in 1977.
C. Relocation. A nonconforming use or structure shall not be moved in whole or part to any other portion of the lot or parcel occupied by such use at the effective date of this chapter in 1977.
D. Discontinuance. If any such nonconforming use of land or structure ceases for any reason for a period of twelve (12) months, any subsequent use of such land or structure must conform to the regulation specified by this chapter and the zoning map for the district in which the land is located; and similarly, if any such nonconforming use of land or structure is voluntarily abandoned the same requirements shall apply immediately upon abandonment. In this context, six (6) months discontinuance of the nonconforming use shall create a rebuttable presumption that the nonconforming use has been abandoned, and twelve (12) months of discontinuance shall create a conclusive presumption of abandonment.
E. Preexisting Structures. To avoid undue hardships, nothing in this chapter shall be deemed to require a change in use of any mobile home or similar structure on which actual construction was lawfully begun prior to the effective date of this chapter in 1977 and upon which actual building construction or mobile home location or placement was completed within six (6) months thereafter.
F. Casualty Destruction and Rebuilding. In the event of fire or other extended casualty loss or damage exceeding fifty percent (50%) of its assessed value, the structure may not be replaced, and no replacement of nonconforming structure shall be relocated upon the same premises.
(Ord. 20-22, Amended, 02/04/2021; Ord. 84-20 § 5 (part), Repealed & Replaced, 10/11/1984)
15.14.050 Restrictions.
A. All mobile homes shall be considered as single-family living units and be subject to restriction for such occupancies, but this provision shall not be construed to prohibit the conduct of a home occupation in a mobile home.
B. All mobile homes and manufactured homes brought into Skagway after January 1, 1997, must have affixed upon the unit(s) a data plate with name and address of the manufacturing plant, serial number, model designation, date manufactured, thermal protection for Outdoor Winter Design Temperature Zone 3, Wind Resistive Hurricane (HUD Zone II) and external snow roof load for North Zone, or Canadian equivalent.
C. All relocatable structures are prohibited in residential conservation, residential low density, business general, business historic, residential general, and industrial light zoning districts. Conditionally approved relocatable structures will receive a permit not to exceed the lesser of the lifetime of the structure as indicated in the conditional use permit application or fifteen (15) years. Relocatable structures located within a conditionally permitted trailer park do not require a separate conditional use permit.
(Ord. 20-22, Amended, 02/04/2021; Ord. 13-17, Amended, 07/11/2013; Ord. 08-07, Amended, 02/21/2008; Ord. 95-01, Amended, 02/16/1995; 24CFR-XX 3280.5; Ord. 84-20 § 5 (part), Repealed & Replaced, 10/11/1984)
15.14.060 Exemptions.
Mobile homes shall be exempt from compliance with any of the provisions of this chapter in the following situations:
A. Storage. Not more than one (1) each travel trailer, camper, storage trailer, van or boat may be stored on a residential lot, parcel or tract without the requirement of a fence or plantings with the exception of aircraft west of Alaska Street.
B. Construction Functions. Construction firms may use a mobile home for a temporary office at the work site during the period of construction. Living quarters or mess halls must be located in industrial or waterfront zones; provided, that the same are connected to utilities. Upon completion of the construction project, the construction camp units shall be removed.
C. Business Relocation. A business firm may use a mobile home for a temporary office in the event that business must be temporarily relocated for a period not to exceed one hundred twenty (120) days upon obtaining a conditional use permit from the planning commission and a municipal building permit. In the event that a permitted structure is damaged by fire, earthquake or other natural cause to the extent that it is uninhabitable, a permit may be issued for occupancy for a mobile home during the period that the structure is being rehabilitated or repaired, but in no event shall a conditional use permit be for a period longer than eighteen (18) months.
D. Celebrations. A mobile home may be used in ordinary and usual ways in connections with circuses, fairs and similar celebrations.
E. Occupancy While Building a Home. A mobile home may be used for temporary living quarters for not more than eighteen (18) months while the occupant thereof is constructing a permanent dwelling on the same property. Before a mobile home will be permitted in such an instance, the owner of the property or the person intended to occupy the mobile home shall secure a building permit for the mobile home. Such permit shall be granted upon the receipt of a signed statement by the permittee that a permanent dwelling will be constructed within eighteen (18) months thereafter. Construction shall start within sixty (60) days of mobile home placement. Only one (1) mobile home shall be permitted on any parcel of land during the construction or repair of a permanent dwelling.
(Ord. 20-22, Amended, 02/04/2021; Ord. 11-31, Amended, 01/05/2012; Ord. 95-01, Amended, 02/16/1995; Ord. 91-29, Amended, 09/16/1991; Ord. 84-20 § 5 (part), Repealed & Replaced, 10/11/1984)
15.14.070 Compliance with other laws and regulations.
In addition to complying with the provisions of this chapter, owners of relocatable structures, mobile homes, and trailers as defined herein, and trailer park permittees, shall be required to comply with any applicable provisions of other portions of the municipal code, including the building codes, fire prevention code, and the zoning code.
(Ord. 20-22, Amended, 02/04/2021; Ord. 08-07, Amended, 02/21/2008; Ord. 95-01, Amended, 02/16/1995; Ord. 84-20 § 5 (part), Repealed & Replaced, 10/11/1984)
15.14.075 Fees.
The assembly may by resolution establish fees to be paid by applicants for any type of inspection, permit or other municipal processing of habitation under this title.
(Ord. 20-22, Amended, 02/04/2021; Ord. 08-07, Amended, 02/21/2008; Ord. 95-01, Added, 02/16/1995)
15.14.080 Enforcement.
This chapter shall be enforced by the borough manager or his designee.
(Ord. 20-22, Amended, 02/04/2021; Ord. 08-07, Amended, 02/21/2008; Ord. 84-20 § 5 (part), Repealed & Replaced, 10/11/1984)