Brutus Town City Zoning Code
ARTICLE XIV
Mobile Homes and Mobile Home Parks
[Added 9-9-1991 by L.L. No. 2-1991]
§ 125-100 Definitions.
As used in this article, the following terms shall have the meanings indicated:
When applied to a farm worker residence maintained in conjunction with a working farm, shall be defined as an accessory building in accordance with § 125-3D of this chapter and permitted as such.
As set forth in the New York State Uniform Fire and Building Code, as now constituted or hereafter amended.
Any lot where two or more mobile homes are located for the purpose of occupancy, regardless of whether or not a charge is made for such occupancy.
A vehicle or portable structure designed and intended for use as a temporary dwelling for travel, recreation, vacation or other short-term use and which may or may not have sanitary facilities.
§ 125-101 Mobile homes located on individual lots.
A mobile home placed on a separate lot shall comply with the foundation area and front foundation length standards for the district in which it is located. It shall be a double wide and have a main roof that is pitched at a one-foot rise for four feet of horizontal run, rather than flat. Porches or attached garages may have flat roofs.
Skirting.
A mobile home placed on a separate lot shall be equipped with skirting to fully close off the area between the mobile home body and the foundation or slab upon which it is placed. Said skirting shall be made of a durable, fire-retardant material assembled specifically for application to mobile homes as skirting or made of metal.
The skirting shall be capable of instant removal at any point to provide access to the closed off area or contain two diagonally located doors, on hinges, of a minimum of three feet to provide such access. Said doors shall be marked or identified as points of access.
If a continuous concrete foundation is installed, the skirting requirement shall not apply. However, access requirements are not waived or amended.
A mobile home placed on a separate lot shall be anchored to either a concrete slab, concrete foundation or in-ground piers. Such base shall be capable of containing the mobile home in a stable position and of appropriate size to contain the unit.
A slab shall be reinforced concrete, at least six inches thick with a compacted gravel base of at least three inches. Such base shall be capable of containing the mobile home in a stable position and of appropriate size to contain the unit.
A foundation shall be of concrete block construction to stabilize the structure; such foundation will have suitable footings.
A pier system (in-ground) will be 32 inches deep, 18 inches square or 24 inches in diameter.
The provisions of this section are hereby declared to be exempted from the authority of the Zoning Board of Appeals to vary.
§ 125-102 Mobile homes placed within mobile home parks.
§ 125-103 General standards for mobile home parks.
No mobile home shall be placed within a mobile home park without issuance of a permit under the terms of § 125-102 of this chapter.
No mobile home park shall be established without issuance of a special permit under the terms of this chapter. No lots therein shall be sold or rented or otherwise used until a certificate of occupancy has been issued and is valid for the mobile home park.
All lots within a mobile home park shall comply with the standards set forth within this chapter.
§ 125-104 Specific standards for mobile home parks.
A mobile home park shall only be established by special permit issued in accordance with this chapter and any other applicable provisions of this or other laws of the Town of Brutus, County of Cayuga or State of New York.
A mobile home park shall only be established in the area bounded by Cooper Road on the west, East Brutus Street Road (Route 31B) on the north, the Town boundary on the east and Route 5 and Stevens Road on the south. This area shall henceforth be known as the R-2, High Density Residential District and so indicated on the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is on file and available for inspection in the office of the Town Clerk.
In reviewing a proposal to establish a mobile home park, in accordance with its responsibilities as set forth in § 125-92 of this chapter, the Planning Board shall not recommend approval of a special permit until a plan showing the following information has been submitted and found to be consistent with the requirements of this chapter and the objectives of Town plans.
Property boundaries of the proposed mobile home park.
Entrances, exits, walkways and driveways.
Mobile home sites or lots.
A method and plan of sewage disposal.
A method and plan of garbage disposal.
Water supply.
Electrical lighting (outdoors).
The owners' and operators' names and addresses (if a corporation, the names and addresses of the officers of said corporation).
A method and plan of stormwater disposal.
The location of garbage receptacles, and a plan for ultimate disposal of garbage generated by residents of the park.
A mobile home park grounds maintenance plan.
A landscape plan.
The following design standards and specifications shall be met by any mobile home park plan.
A mobile home park shall have an area of not less than 10 acres, and no mobile home lot or office or service building shall be closer to the street line or other property line than 100 feet.
A mobile home park shall be located on a well-drained site suitable for the purpose with an entrance road at least 33 feet in width and paved. Interior streets or roads shall be a minimum of 22 feet wide and shall be paved. Each street or road within the mobile home park, including the entrance road, shall have an eight-inch subbase of boney gravel, topped with three inches of fine gravel, or crushed run. The shoulders shall be graveled to a minimum three-inch depth.
Each mobile home lot within the park shall have an area not less than 6,000 square feet with a minimum width of 60 feet.
No mobile home or portion thereof shall be placed closer to any other mobile home or portion thereof than 50 feet. Each mobile home must be a minimum of 24 feet from the highway right of way. (This is not the edge of the pavement.) Town, county and state requirements vary. Right-of-way requirements shall not be waived.
The total number of mobile home lots shall not exceed three per gross acre, exclusive of the one-hundred-foot boundary area requirement in Subsection D(1) above in area devoted to roads and recreation.
[Amended 1-13-1992 by L.L. No. 1-1992; 5-11-1992 by L.L. No. 2-1992]
Each mobile home shall have at least two parking spaces measuring 12 feet by 24 feet each.
Provisions shall be made for recreation areas, open space, greenbelt or other similar amenity equal to or greater than a total area not less than 8% of the total area of the mobile home park.
At the main entrance to a mobile home park, a layout map showing the location of each lot by number shall be displayed. Each lot within the park shall permanently display the assigned number so that it is visible from the roadway upon which it fronts. Street names should not duplicate the names of other streets or roads in the town.
Unless provision is made for an area specifically designated on the plan for storage of boats, campers, travel trailers, recreational vehicles, unregistered or unlicensed vehicles or similar items, no such item shall be stored or parked in the mobile home park.
No more than one accessory building having a total area no greater than 120 square feet shall be permitted on any mobile home lot in a mobile park. No enclosure or addition to a mobile home in a mobile home park shall be permitted except a carport, porch or patio, none of which shall be used as habitable space.
§ 125-105 Permit requirements; inspections; changes.
The Planning Board may, at its discretion, accept the plan as meeting the requirements for consideration of a special permit or may require such additional information as set forth within the special permit procedures of this chapter.
[Amended 5-11-2015 by L.L. No. 1-2015]
It shall be a requirement of this chapter that any special permit issued for establishment of a mobile home park shall have as a condition of approval the requirement that the Code Enforcement Officer and such other Town officials as he deems appropriate shall at least annually inspect said mobile home park to determine compliance with this chapter and the terms of the special permit. Any violations noted during such inspection shall be deemed just cause for the revocation of the certificate of occupancy of the subject mobile home park.
It shall be a requirement of this chapter that any special permit issued for establishment of a mobile home park shall have as a condition of approval the requirement that the owner or operator of said mobile home park be responsible for prompt notification in writing to the Code Enforcement Officer of the removal of any mobile home unit from said park and that said owner or operator prohibit the installation of any mobile home unit until such time as the Code Enforcement Officer is notified in writing of said installation and a permit is issued by him. Failure to so notify the Code Enforcement Officer of removal or installation shall be deemed just cause for the revocation of the certificate of occupancy of the subject mobile home park.
Upon satisfactory completion of the installation of a mobile home or the construction of a mobile home park, and upon proof of compliance with the terms of this chapter, a certificate of occupancy shall be issued by the Code Enforcement Officer.
Any expansion, reduction or change to the physical design of an existing mobile home park established prior to this chapter's enactment or to a mobile home park established under the terms of this chapter shall be subject to all applicable provisions of this chapter and shall not be undertaken until a permit is issued by the Code Enforcement Officer.
§ 125-106 Existing mobile homes and mobile home parks.
All mobile homes and mobile home parks that have been approved by the town, to the extent that they are established at the time this article takes effect, that do not meet the requirements set forth in this article shall be deemed preexisting, nonconforming uses and shall be subject to the regulations of this section. This section shall supersede any other section of this chapter regarding preexisting, nonconforming uses to the extent that such sections may apply to mobile homes and mobile home parks.
As preexisting, nonconforming uses, mobile homes and mobile home parks now established in the Town may continue, and routine maintenance may be performed upon the same.
Within 90 days of the enactment of this chapter, all mobile homes, whether in parks or upon individual lots, which are deemed to be preexisting, nonconforming uses shall comply with the requirements for skirting set forth in § 125-101B of this article.
When a preexisting, nonconforming mobile home located upon a lot within a mobile home park is removed from said lot, it may be replaced in kind or in compliance with the terms of this article. Said replacement must occur within 30 days of the event or forfeit the ability to replace in kind. However, any mobile home so placed shall comply in all ways with the applicable standards of the New York State Uniform Fire Prevention and Building Code.
When a preexisting, nonconforming mobile home located upon a separate lot is removed from said lot, it may be replaced in kind or in compliance with the terms of this article. Said replacement must occur within 30 days of the event or forfeit the ability to replace in kind. However, any mobile home so placed shall comply in all ways with the applicable standards of the New York State Uniform Fire Prevention and Building Code.
When a preexisting, nonconforming mobile home located upon a separate lot is destroyed by fire, flood or other acts of God, then said mobile home may be replaced in kind. Said replacement must occur within 30 days of the event or forfeit the ability to replace in kind.
§ 125-107 Supersession of other provisions.
This article shall supersede any reference made to or regulation governing mobile homes and mobile home parks found elsewhere in this chapter.
§ 125-108 Zoning district standards.
Except for regulations concerning mobile homes and mobile home parks set forth in this article, the uses permitted in the R-2 District shall be those permitted in the R District. The dimensional standards applicable to the R-2 District shall be those applicable to the A-R District except where this chapter specifically establishes other requirements for a particular use.[1]