Section 125.1947a. Communities constructed pursuant to previous acts or local ordinances, or both.

Rule 947a. (1) A community licensed under  the  construction   standards  of previous acts and rules for which a license was legally issued and valid at the time these of rules, or any subsequent amendment of these rules is not required to fulfill the current requirements for  community construction  in

these rules. Amendments to the community construction standards  in  these rules do not apply to complete applications for plans approval and permits to construct received by the  department  before the effective date of such amendatory rules.

(2)     A community that expands shall  conform  to  all  the  requirements pertaining to community construction in these rules for the expansion.

(3)     A community constructed according to the standards in previous acts, rules, or local ordinances shall be maintained or altered in  a  manner consistent with the standards in effect at the time of original construction, including but not limited to spacing of homes, road widths and sizing and design of community infrastructure, with the following exceptions:

(a)    )  A community shall be adequately lighted during darkness.

(b)      If individual home site meters are installed, then the installation shall be in compliance with R 125.1932, R 125.1934, and R 125.1935.

(c)     Meters that are owned by the community shall  be  calibrated  in compliance with R 125.1938.

(4)     In communities issued a permit to construct before February 28, 1979, enclosed structures attached to homes are considered  obstructions  in  the 10-foot side  yard space. All other structures or vegetation are  not obstructions if there  is  a   4-foot wide ground level pathway which is obstruction free to 7 feet in height and which runs the length  of  the side yard with access to the road.

History: 1979 AC; 1985 AACS; 1998 AACS; 2003 AACS; 2008 MR 11, Eff. Sept. 2, 2008.