Batavia Town City Zoning Code
ARTICLE VI
Mobile Homes and Mobile Home Parks
§ 235-54 Mobile homes.
A.
Permanent residence. A mobile home may be located on an individual lot in the AG and AG-R Districts as a one-family dwelling provided the following criteria are met:
(1)
The mobile home unit shall comply with the current construction and safety standards set forth by the United States Department of Housing and Urban Development and have a minimum habitable floor area of 720 square feet, exclusive of any porches, additions or other extensions.
(2)
Placement of the mobile home must comply with the minimum dimensional and area requirements for a one-family dwelling specified in Zoning Schedule A[1] for the AG-R District and Article III, including §§ 235-12, 235-13, 235-17, 235-18 and 235-19.
[1]
Editor's Note: Zoning Schedule A is included at the end of this chapter.
(3)
Mobile homes shall be installed upon a permanent foundation that extends a minimum of 42 inches below finished grade to the underside of the floor. The foundations shall have either a concrete footer or a trenched concrete wall. The bottom of all excavations shall be on virgin, undisturbed earth and shall be inspected by the Code Enforcement Officer prior to placement of the concrete.
(4)
The water supply system and sewage disposal system shall be approved by the Genesee County Health Department.
(5)
Additions, alterations and extensions to such mobile homes shall comply with the New York State Fire Uniform Prevention and Building Code and shall be placed on a permanent foundation.
B.
Temporary residence.
(1)
Restrictions.
(a)
A mobile home may be temporarily occupied as a one-family dwelling on any lot in the R, AG-R or AG District for a maximum period of two years upon the issuance of a temporary use permit if the owner of a vacant lot has been issued an active, valid zoning permit by the Town of Batavia for the construction of a private dwelling on the lot in question. The placement of such temporary mobile home shall comply with all the dimensional and area requirements of the respective zoning district as set forth in Zoning Schedule A and Article III, other than § 235-18.
(b)
Where the existing dwelling on the lot has been damaged in such a manner as to make it uninhabitable, the Building Inspector may grant a nonrenewable emergency housing permit for a period of time not exceeding one year. A temporary use permit is required for a time period exceeding one year, but such temporary use permit and original nonrenewable emergency housing permit combined cannot exceed a total time period of two years.
(2)
Criteria. Mobile homes occupied as temporary dwellings shall meet the following criteria:
(a)
The mobile home units shall comply with the current construction and safety standards set forth by the United States Department of Housing and Urban Development and have a minimum habitable floor area of 600 square feet, exclusive of any porches, additions or other extensions.
(b)
Placement of the mobile home must comply with the minimum area requirements for a one-family dwelling in that district, including but not limited to lot size and width, yard areas, parking and finished grade.
(c)
Mobile homes shall be installed in compliance with the New York State Uniform Fire Prevention and Building Code.
(d)
The water supply system and sewage disposal system for the mobile home shall be approved by the Genesee County Health Department.
(e)
No extensions of the time period (two years) shall be granted.
(f)
The mobile home must be occupied by the owner of the lot upon which it is situated.
(g)
The owner shall remove the mobile home within 30 days of the issuance of a certificate of occupancy for the permanent dwelling.
(h)
There shall be no additions, alterations and extensions to mobile homes used as a temporary residence.
§ 235-55 Mobile home parks.
A.
New mobile home parks. A new mobile home park may be located, or an existing one modified, in the Mobile Home Park District upon the issuance of a special use permit as provided for in § 235-63, provided the proposed mobile home park meets the requirements and conditions set forth in Chapter 150, Mobile Home Parks, of this Code.
B.
Modification of existing mobile home parks outside the Mobile Home Park District. Existing mobile home parks outside of the MHP District may be modified in compliance with Chapter 150, Mobile Home Parks, of this Code.