Plaintiff sought to enjoin defendant Cole’s use of a mobile home on a tract of land he owns in plaintiff township. The Kent County Circuit Court, after issuing a temporаry injunction, held a nonjury trial on September 6, 1974, to determine if defendant’s mobile home violated the township zoning ordinance. Finding no violation of either the zoning ordinance or the township building ordinance, the circuit court denied the relief sought and dissolved the temporary injunction. Plaintiff appеals as of right. Defendant Sparta State Bank, holder of a security interest in the mobile home, has shown no interest in this controversy.
Defendant Cole sоught and received a building permit in March of 1974 to construct a 60 X 28-foot house. The basement defendant constructed, however, was approximately 50 feet X 12 feet. Defendant removed the axles and undercarriage of a mobile home and placed it on the basement. At trial he statеd his intention to add another room to the structure.
Plaintiff claims that the township zoning ordinance prohibits this type of dwelling on defendant’s land, which is zoned аgricultural and residential (A-R-l). The ordinance only allows a "trailer coach” in designated trailer coach parks, which must he located in areas zoned commercial (C-l). Thus, plaintiff contends, defendant is prohibited from placing a mobile home as a dwelling on his property.
The trial cоurt thought that the provisions dealing with trailer coaches were inapplicable. It con *476 sidered defendant’s dwelling a "detached one-family dwеlling”, an authorized use in A-R-l zones.
The trial court ruled that defendant’s mobile home, placed upon a basement foundation with its wheels removed, was nо longer a "trailer coach”. Support for this ruling was drawn from an opinion of the Attorney General that stated that "a mobile home without a fixed undеrcarriage, not being licensable under the Michigan vehicle code [MCLA 257.1; MSA 9.1801], is not entitled to treatment as a trailer coach under the provisiоns of the trailer coach park act [MCLA 125.1001 et seqMSA 5.278(31)]”. 1
Because it is anticipated that mobile homes may be rendered immobile, many ordinances have not restricted their definitions of mobile homes to only those vehicles or structures that possess present mobility.
"These definitions set the mobile home apart from conventional dwellings by describing it as a vehicle, but they hold the mobile home which has been permanently situated on a foundation within rеach of the definition by including a vehicle which has been placed on a foundation, and which no longer has the wheels which give it character as a vehicle. This language relieves the courts of the problem encountered in some cases of determining the extent to which a trailer loses it character as a vehicle when it is placed upon an immobile foundation.” 2 Anderson, American Law of Zoning, § 11.50, p 367.
The Courtland Township zоning ordinance defines "trailer coach” broadly. Section 12.11 of the ordinance states:
"Automobile trailer, trailer coach, or trailer — means *477 any vehicle or structure so designed and constructеd in such a manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, occupation, or trade (or use as a selling or advertising device), and so designed that it is or may be mounted on wheels and used as a conveyance on streets or highways, propelled or drawn by its own or other motive power, excepting a device used exclusively upon stationаry rails or tracts.” (Emphasis supplied.)
Present mobility is not necessary for a structure or vehicle to be within the ordinance’s definition of "trailer coаch”. A mobile home that no longer has wheels attached and has been placed upon a foundation could still be considered a trailеr coach for purposes of the township zoning ordinance.
Within the context of the township rural zoning act, MCLA 125.271, et seq.; MSA 5.2963(1), et seq., the Attorney General has determinеd that a mobile home does not cease to be a mobile home when its wheels and axles are removed and it is placed on a foundаtion. "The physical, and hence the legal, characteristics of a mobile home áre distinctive and distinguish it from other residences.” OAG, 1969-1970, No. 4680, pp 94-96 (Octоber 31,1969).
Though courts in several states have determined that vehicles or structures with a certain degree of integration with the land are no longer mobile homes, see,
e.g., Anstine v Zoning Board of Adjustment of York Township,
411 Pa 33;
We hold that defendant’s mobile home remained a "trailer coach” as that term is defined by the zoning ordinancе. The trial court erred in ruling that its placement on defendant’s land was not prohibited by the ordinance.
Finding that defendant’s attempted use of his land is prohibited by the zoning ordinance, we must determine whether the ordinance itself is valid.
There is statutory authority, in the township rural zoning act, for ordinances to rеstrict mobile homes to certain areas.
"[P]rovisions may also be adopted designating or limiting the location, the height, number of stories and the size of dwellings, buildings and structures that may hereafter be erected or altered, including tents and trailer coaches, and the specific uses for which dwell *479 ings, buildings аnd structures including tents and trailer coaches may hereafter be erected or altered.” MCLA 125.271; MSA 5.2963(1).
In
Wyoming Township v Herweyer,
In other states, challenges to ordinances restricting mobile homes to certain areas have usually been unsuccessful. See
People of Village of Cahokia v Wright,
57 Ill 2d 166;
Plaintiff need not show that defendаnt’s individual dwelling threatened the public health, safety or general welfare. In this action it is defendant’s burden to establish an infirmity in the ordinance.
Kropf v Sterling Heights,
Plaintiff township is entitled tо the relief sought. The decision of the court below is reversed and the injunction against defendant’s use of a mobile home on his land reinstated. No costs, a public question being involved.
Notes
Letter dated January 22, 1970, from Attorney General to State Tax Commission relating to the taxable status of trailer coaches.