ORDINANCE NO. 4, SERIES 2014
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AN ORDINANCE AMENDING ORDINANCE NO. 10, SERIES 2009, THE TOWN OF HULETT ZONING CODE, TO CHANGE DEFINITION OF “MANUFACTURED HOME”, TO CHANGE DEFINITION OF “MOBILE HOME”, TO CHANGE DEFINITION OF “SINGLE-FAMILY DWELLING”, TO INCLUDE DEFINITION OF “SKIRTING”, TO CHANGE DEFINITION OF “MODULAR HOME”, TO INCLUDE DEFINITION OF “MOBILE HOME PARK OR COURT”, TO ELIMINATE MOBILE HOME SUBDIVISIONS AND PROVISIONS RELATING THERETO, TO RESTRICT MOBILE HOMES TO MOBILE HOME PARKS OR COURTS, TO CHANGE STANDARDS FOR MOBILE HOME PARKS OR COURTS, AND TO CHANGE NONCONFROMING USE AND STRUCTURE PROVISIONS AS REGARDS FACTORY BUILT STRUCTURES INCLUDING TRAILER HOMES, MOBILE HOMES AND MANUFACTURED HOMES; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS,   on March 3, 2010 the Governing Body of the Town of Hulett,  Wyoming duly enacted Ordinance No. 10, Series 2009, the Town of Hulett Zoning Code (the “Zoning Code”); and

WHEREAS, the Governing Body of the Town of Hulett has proposed changes to Zoning Code, which the Governing Body have determined will recognize current and changing conditions in the Town of Hulett as regards single-family residences, will promote sound and desirable development in residential zones, and will be consistent with the purpose and intent of the Zoning Code; and 

WHEREAS, 	the Governing Body of the Town of Hulett has held several work sessions open to the public pursuant to public notice to discuss said proposed changes to the Zoning Cody; and

WHEREAS, a public hearing in accordance with Wyoming Statute Section 15-1-602 was held on October 8, 2014 to receive public comment regarding said proposed changes to the Zoning Code.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF HULETT, CROOK COUNTY, WYOMING, that:

SECTION 1: The provisions of Ordinance No. 10, Series 2009, the Town of Hulett Zoning Code, shall be and hereby are amended as follows:

1.	Amend Section 13.dd.1 to read as follows:

“MANUFACTURED HOME:  A factory built transportable structure meeting the following minimum design standards:  (i) is transportable in one or more sections; (ii) is built on a permanent chassis; (iii) is designed to be used for permanent year round residential occupancy, with or without a permanent foundation, when connected to residential utility services (water, sewer, natural gas, propane and/or electricity) and includes plumbing, heating and electrical systems, bathroom facilities, kitchen facilities, sleeping room(s) and living areas consistent with residential occupancy; (iv) was manufactured not more than ten (10) years prior to set-up or installation in the Town; (v) is certified to have been manufactured in accordance with and meeting the Manufactured Housing Construction and Safety Standards of the United States Department of Housing and Urban Development (24 C.F.R. Chapter XX, Part 3280 et seq.) in effect  at the time of manufacture; (vi) complies with all Town codes as relate to wind load and snow load; (vii) when set up or installed is seven hundred twenty (720) or more square feet in size (calculations used to determine the number of square feet will include the total of the square feet for each transportable section comprising the completed structure and will be based on the structure’s exterior dimensions measured at the largest horizontal projections when set-up or installed on site, and  these dimensions will include all expandable rooms, cabinets, and other projections containing interior space, but will not include bay windows); and (viii) complies with the following to be permitted to be set-up, installed or located upon a Zone Lot as a single-family dwelling:

(1)	The manufactured home shall comply with all building permit approval requirements applicable to all single-family dwellings prior to arrival at the site; including, but not limited to, a plot plan approval, plans and specifications verifying compliance with construction and structural load requirements, geotechnical report and design for the foundation, foundation certification, zoning approval and utility connections.

(2)	The manufactured home shall conform to the building setback, open space, parking and other district standards and requirements of the zoning district in which the manufactured home is located as are applicable to single-family dwellings.

(3)	The manufactured home shall have a pitched roof with a slope of not less than a three inch (3”) vertical rise for each twelve inches (12”) of horizontal run.

(4)	The manufactured home shall be set-up, installed or placed on a permanent or nonpermanent foundation constructed in accordance with the manufacturer’s specifications and approved by the Town or in accordance with the current applicable specifications promulgated by the U.S. Department of Housing and Urban Development and approved by the Town.

(5)	The perimeter of the manufactured home shall be fully enclosed with skirting.  All hitches and tongues shall be removed from the manufactured home and from the site at the time the manufactured home is installed, or the hitch or tongue shall also be skirted using the same materials as used to skirt the manufactured home.  The manufactured home, and the hitch or tongue if not removed, shall be completely skirted within thirty (30) days from placement of the manufactured home on the Zone Lot unless otherwise authorized by the Town.

(6)	The manufactured home shall be permanently connected to all utilities in a manner consistent with residential housing and in accordance with the adopted Town codes.

(7)	Roof material on the manufactured home shall consist of non-reflective material customarily used for residential dwellings including, but not limited to, asphalt, fiberglass, shake, tile shingles or metal.

(8)	Siding material on the manufactured home shall consist of a material customarily used for residential dwellings including, but not limited to wood, wood products, stucco, brick, steel, aluminum or vinyl lap siding, or rock.

(9)	A roof overhang exclusive of gutters of not less than six inches (6”) as measured from the vertical side of the manufactured home is required.  When an attached carport, garage, porch or similar structure is an integral part of the manufactured home, this overhang may be waived by the Town where the attachment occurs provided that the exterior perimeter of the roof line contains the required overhang.

(10)	Unless the foundation perimeter wall is load bearing, no attachments, additions, alterations or modifications to the exterior walls of the manufactured home are allowed except those approved by the manufacturer for the specific manufactured home.  If the foundation perimeter wall is not load bearing, all additions, porches, decks, garages or other add-on attachments must be free standing and self-supporting with no structural reliance on the manufactured home itself and in accordance with applicable Town regulations.

(11)	A manufactured home can only be occupied and used as a single-family dwelling and shall not be occupied or used for any other purpose including multi-family residence, business, office or storage.

(12)	A factory built transportable structure designed for single-family residential use which is set-up, installed or located on a rental space in a mobile home park or court shall be considered to be a mobile home for the purposes of this Ordinance, regardless of whether it meets the above and foregoing specifications and requirements for a manufactured home.

(13)	A manufactured home which at the time of set-up, installation or location on a Zone Lot in the Town met the above and foregoing specifications and requirements shall not be moved and relocated, set-up or installed on another Zone Lot in the Town (except in a permitted mobile home park or court) unless at the time of relocation, set-up or installation the manufactured home meets the above and foregoing specifications and requirements (including, but not limited to, maximum age restrictions).”

2.		Amend Section 13.ee to read as follows:

“MOBILE HOME:  A structure, transportable in one or more dependent sections, designed for use as a stationary single-family residence, which does not meet the definitional criteria of a manufactured home or a modular home as defined in this Section.  A mobile home can only be occupied and used as a single-family residence in mobile home parks or courts permitted by the Town, and shall not be set-up, installed or located on individual Zone Lots not permitted as mobile home parks or courts.  Mobile homes shall not be occupied or used for any purpose other than as single-family residences (may not be used as multi-family residence, business, office, storage or otherwise).  Mobile homes shall be set-up, installed or placed on foundations approved by the mobile home park or court.”

3.	Amend Section 13.ff to read as follows:

“MOBILE HOME PARK OR COURT:  A single Zone Lot permitted by the Town for the set-up and location of mobile homes on individual rented spaces to be occupied as single-family residences, containing five (5) or more rental spaces.”

4.	Amend Section 13.yy to read as follows:

“SINGLE-FAMILY DWELLING:  A single, detached structure, complying with the provisions of the Town’s building code(s) and requirements in effect at the time of construction, having but one (1) dwelling unit for the residential occupancy of persons individually or cohabitating in domestic relationships as families (including foster families authorized by the State of Wyoming) and/or roommates; but excluding occupancy as group homes, residential treatment facilities, half-way houses and similar residential uses except to the extent specifically required by local, state or federal law.  Unless otherwise indicated, the term single-family dwelling as used in connection with district zoning regulations within the Town includes modular homes and manufactured homes as defined in this Section, but excludes mobile homes as defined in this Section.”

5.	Amend Section 13 to include as subsection yy.1 the following:

“SKIRTING:  When used in connection with mobile homes and manufactured homes, means a rigid type material, such as vinyl, masonry, painted Masonite, painted metal or painted wood, surrounding the outside perimeter of the mobile home or manufactured home from the ground to the bottom of the outside walls, which completely encloses the space between the ground or foundation and the mobile home or manufactured home, which shall not permanently attach the mobile home or manufactured home to the ground or create a fire hazard.”

6.	Amend Section 6.f.(1) to read as follows:

“Purpose:  This District allows mobile home parks and courts which are permitted by the Town.  This District also allows single-family dwellings on separate Zone Lots and other uses compatable with residential areas.”

7.	Amend Section 6.f.(2)(a) to read as follows:

“Mobile home park or court which is permitted by the Town on a Zone Lot.”

8.	Amend Section 6.f.(2)(b) to read as follows:

“Mobile homes may be set-up and located only in mobile home parks and courts.”

9.	Repeal Section 6.f.(4)(c).

10.	Amend Section 6.f.(10)(a) to read as follows:

“For each single-family dwelling, there shall be provided and maintained at least two-thousand (2,000) square feet of free and unobstructed open space.”

11.	Amend Section 6.f.(12) to read as follows:

“(12)	Mobile Home Park or Court Standards.

(a)	Where the individual mobile home spaces are served by public streets, those public streets shall be platted and constructed according to the applicable street standards of the Town.

(b)	Where the individual mobile home spaces are served by a private road system, those roads shall:

(1)	Provide a driving surface of twenty-four (24) feet within an easement of forty (40) feet.  Parking shall be allowed on only one (1) side of the road.

(2)	Be graded and well-drained.

(3)	Be accessible at all times to emergency vehicles.

(4)	Be maintained at all times by the owner(s) of the park or court.

(c)	Utility connections or hookups shall be provided for each individual mobile home space.  Utilities shall mean water, sewer, natural gas or propane, electricity and telephone.

(d)	Mobile homes, including hitches and tongues if not removed, shall be fully skirted within thirty (30) days from being moved into the mobile home park or court.  It shall be the responsibility of the owner(s) of the mobile home park or court to ensure compliance, and failure to do so shall constitute a violation of this Ordinance by the owner(s).”

12.	Repeal Section 6.f.(13).

13.	Repeal Section 6.f.(14).

14.	Repeal Section 6.f.(16).

15.	Renumber Section 6.f.(15) as Section 6.f.(13).

16.	Repeal Section 8.a.(2).

17.	Renumber Section 8.a.(3) as Section 8.a.(2).

18.	Amend renumbered Section 8.a.(2)(g) to read as follows:

“A nonconforming use shall terminate if the structure occupied in connection with the nonconforming use or in which it is operated is damaged or destroyed in any manner whatsoever, and the estimated cost of repairing the damage exceeds sixty percent (60%) of the replacement cost of the structure on the date of the damage.  As used herein, the term “structure” includes factory built structures including trailer homes, mobile homes and manufactured homes.”

19.	Amend Section 8.b.(1) to read as follows:

“Definition.  A nonconforming structure shall be any structure which, on the effective date of this Ordinance or as the result of subsequent amendments thereto, does not comply with the provisions of this Ordinance for the District in which the nonconforming structure is located.  As used herein, the term “structure” includes factory built structures including trailer homes, mobile homes and manufactured homes.”

20.	Amend Section 13.gg to read as follows:

“MODULAR HOME:  A structure, transportable in one or more dependent sections, designed for use as a single family residential dwelling unit, not built on a permanent chassis, capable of being transported from place of manufacture to the site on which it is to be erected, where it is placed on a permanent foundation and, when assembled, meets all of the provisions of the Town’s building codes for residential dwellings in effect in the Town at the time of installation.”

	Passed on first reading: __________________________, 2014.

	Passed on second reading: ________________________, 2014.

PASSED, APPROVED AND ADOPTED on third reading this____ day of November, 2014.

TOWN OF HULETT
				Vivian Odell
				Mayor
     	 Attest:

	_____________________________
	Melissa Bears
      	Town Clerk/Treasurer

CERTIFICATE OF POSTING

	I, Melissa Bears, Clerk/Treasurer of the Town of Hulett, Wyoming, hereby certify that the above Ordinance No. ___, Series 2014 was posted for ten (10) or more consecutive days in the Office of the Hulett Town Clerk and two (2) other public places, to-wit:

_______________________________________________________________________
and	___________________________________________________________________

within the Town of Hulett, Wyoming, commencing on the _____ day of _________, 2014.

	___________________________
	Melissa Bears
	Town Clerk/Treasurer