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Mobile Homes Ordnance

BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF FRANKLIN, MORGAN COUNTY, ILLINOIS, AS FOLLOWS:

ARTICLE I - GENERAL PROVISIONS

Section 1. Definitions.
The term used in this chapter shall have the following meanings:
(A) Mobile Home means a structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location or subsequent locations at which it is intended to be a permanent habitation and designed to permit the occupance thereof as a dwelling place for one or more persons.  A mobile home shall not include camping trailers or recreational vehicles.

(B) Immobilized Mobile Home means a mobile home resting on a permanent foundation with wheels and hitch permanently removed.  The Village Board establishes the following criteria to complete the immobilization of a mobile home.

            (1) The foundation shall extend into the ground below the frost line so as to attach and become a part of the real estate.  Materials such as concrete, mortared concrete block, or mortared brick extending into the ground below the frost line shall satisfy the requirements for a permanent foundation.

            (2) As an alternate to (1) above, piers may be used, extending into the ground below the frost line, with at least two piers for every ten feet of mobile home length.

            (3) To complete the immobilization, the wheels, tongue, and hitch must be permanently removed.  The axles may be removed.

            (4) The mobile home must have skirting or some other like closure of all spaces between the bottom of the mobile home and the ground securely installed and affixed to the entire perimeter of the mobile home.

            (5) The mobile home shall be secured in compliance with the Illinois Mobile Home Tiedown Act (210 ILCS 120/1 et seq.) and the regulations promulgated thereunder but shall meet the following minimum requirements: the mobile home shall be secured by not less than two mobile home tie down straps installed in the home or extending over it, situated within 10 feet form each end of the mobile home, with each end of each strap attached to a tie down pin.

            (6) The mobile home shall have a minimum square footage of 900 square feet.

(C) Dependent Mobile Home means a mobile home or camper or travel trailer, not designed for permanent habitation, which does not have a flush toilet or a bathtub or shower.

(D) Mobile Home Park means an area of land or two or more contiguous tracts of land under unified ownership and/or control of which five (5) or more occupied mobile homes are harbored either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park, including courts, developments and communities.

(E) Space means a mobile home space or portion of a mobile home park designed for the use or occupancy of one mobile home.

(F) Other Principal Structure, as used in Article II, Section 1 below, means a building serving as the main building on a lot and used for the purposes for which the lot is primarily used, such as a store, a church, etc.

(G) Appurtenant means accessory or incidental to, but necessarily connected with the use and enjoyment of, the residence structure or the other principal structure on a particular lot.  Without limiting the scope of this definition but by way of illustration, a garage or a storage shed would be considered appurtenant to a residence building on the same lot, but a second residence building would not be appurtenant to a first residence building on the same lot.

Section 2. State Requirements Adopted By Reference.
The Mobile Home Park Act, 210 ILCS 115/1 and the Mobile Home Tiedown Act, 210 ILCS 120/1 as passed, approved, and amended by the Illinois General Assembly are hereby adopted by the Village. The applicable provisions as they pertain to mobile homes and immobilized mobile homes shall be controlling within the corporate limits of the Village.

Section 3. Illinois Department of Public Health Regulations
The "Regulations for Mobile Homes and Mobile Home Parks," as approved by the Illinois Department of Public Heath (77 Ill Adm. Code 860), as amended, are hereby adopted by the Village; the applicable provisions as they pertain to mobile homes and immobilized mobile homes shall be controlling within the Village.

ARTICLE II - LOCATION OF MOBILE HOMES

Section 1. IMMOBILIZED MOBILE HOMES.
Immobilized mobile homes, other than dependent mobile homes may be placed on any lot (see Article III, Section 3), and no such mobile home shall be placed on any lot on which there is another residence or other principal structure not appurtenant to the mobile home. For purposes of this section, a lot shall be a lot as shown by any subdivision plat, any other tract of common ownership, or any part thereof into which such a lot or tract may legally be subdivided.

Section 2. Dependent Mobile Homes.
No dependent mobile home not constituting a camper, travel trailer, or other like vehicle used principally for recreational purposes shall be permitted in the Village, except that, upon application being made by the owner of a lot in the Village, the President and Board of Trustees may grant the owner so applying a temporary permit to place such a dependent mobile home on the lot for which application is made for a period not exceeding one year, upon a showing of good cause. Such a permit may be renewed from year to year upon application and showing of continuing good cause. Any such permit may be removed at any time for a violation of any conditions of the permit or any other good cause shown, upon at least 30 days' prior written notice being given by the President and Board of Trustees to the person to whom the permit was granted, provided that said person is accorded the right to a hearing before the President and Board of Trustees but fails to show good cause why the revocation should not occur, with said hearing being held not later than 10 days before the effective date of the permit revocation.

Section 3. Other Mobile Homes
All mobile homes not falling within any of the categories specified by the preceding two paragraphs shall be situated only in licensed mobile home parks; it shall be unlawful to place them at any other location in the Village.

ARTICLE III - IMMOBILIZED MOBILE HOMES

Section 1. Immobilized Mobile Homes.
All immobilized mobile homes located in the Village shall be classed as real estate; therefore, it is mandatory for all persons owning, operating, renting or leasing a mobile home outside a mobile home park to comply with Article I, Section 1(B) of this Ordinance, except as provided at Article IV, Section 2 of this Ordinance. All units located outside a licensed park shall be on a lot owned by the person seeking the permit.

Section 2. Permit.
All persons seeking to locate or replace an immobilized mobile home outside a mobile home park shall obtain a permit from the President and Board of Trustees of the Village. No such permit shall be issued to any applicant unless an inspection report and certificate that the mobile home is safe and complies in its present condition with all governmental standards for construction of mobile homes has been executed by a reputable licensed mobile home dealer or other expert reasonably approved by the Village and has been presented to and approved by the President and Board of Trustees. The Applicant shall certify that the mobile home shall be located in compliance with this Ordinance as well as all applicable State laws and regulations. No utility services shall be connected to the unit until the Village has issued the permit. The applicant for the permit shall pay the Village an administrative fee of $50.00 for the permit.

Section 3. Lot Size and Distance.
The minimum lot size for the location of a mobile home or an immobilized mobile home shall be five thousand (5,000) square feet. All units shall be at least fifteen feet (15') from any lot line, twenty-five feet (25') from any building on any adjacent lot or twenty-five feet (25') from any street.

Section 4. Concrete Pads.
All immobilized mobile homes shall be placed on either a reinforced concrete pad at least matching the dimensions of the mobile home, two (2) reinforced concrete runners four feet (4') wide and matching the length of the mobile home or on concrete piers approved by the President and Board of Trustees. The concrete pads shall consist of four inches (4") of reinforced concrete or six inches (6") of concrete. A concrete footing is optional. All piers and footings for immobilized mobile homes shall comply with the definition of the same. Expandable units shall be provided with approved piers or their equivalent at each corner of the units.

ARTICLE IV - EXISTING UNITS

Section 1. Campers, Travel Trailers, and like Vehicles.
Campers, travel trailers, and other like vehicles used principally for recreational purposes which are located in the Village of Franklin of the effective date of this Ordinance shall not be required to comply with the provisions of this Ordinance shall not be required to comply with the provisions of this Ordinance until 120 days after the effective date of this Ordinance, thereafter, the owners of such units shall cause them to be in compliance with the Ordinance.

Section 2. Immobilized Mobile Homes, Dependent Mobile Homes, and other Mobile Homes.
All immobilized mobile homes, dependent mobile homes and all other mobile homes located in the Village of Franklin on the effective date of this Ordinance and not situated within a mobile home park or governed by other sections of this Article shall be exempt from compliance with this Ordinance so long as they remain in their existing locations. If any such immobilized mobile home, dependent mobile homes or other mobile homes are removed from their locations, replacement units may be installed at the same location, without regard to the provisions of this chapter which would otherwise be applicable as to sizes of lots, location, and off-street parking, provided the replacement units are so installed within six (6) months after the removal of the original units, but in all other respects, such replacement units may be so installed only if in compliance with this Ordinance.  In particular, all such replacement mobile homes must be converted into immobilized mobile homes, and all requirements for such immobilization, including requirements as to changes to the foundation or piers, as to removal or wheels, tongue, and hitch, and installation of skirting, must be fully complied with.  Permits shall be required for all replacement mobile homes, and all requirements shall be the same as for any other mobile homes newly brought into the Village, except as specified above for replacements installed within six (6) months.

ARTICLE V - EFFECTIVE DATE, SEVERABILITY, AND REPEAL

Section 1. Effective Date.
This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.

Section 2. Severability.
If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any other provision of this Ordinance.

Section 3. Repeal.
All other ordinances, resolutions or parts thereof, in conflict with the provisions of this Ordinance are, to the extend of such conflict, hereby repealed.

Passed 1st day of July, 1997.