Buchanan Township City Zoning Code
ARTICLE IX
R-5 Manufactured Housing Community District
§ 300-9.01 Description and purpose.
The Manufactured Housing Community District is intended to provide for the location and regulation of manufactured home parks in conformance with the Mobile Home Commission Act, being Act 96 of 1987, MCLA § 125.2301, as amended (the Act), and the administrative rules promulgated thereunder (the Rules, and referenced in this article as "R125"). Manufactured housing community development standards include the anchoring. These districts should be located in areas where they will be compatible with adjacent land uses. Accordingly, manufactured home parks shall be located in conformance with the following:
Manufactured home parks shall serve as a transition zone between residential and nonresidential districts. Manufactured home parks should not be located where they would interrupt the continuity of permanent single-family neighborhoods.
Manufactured home parks may be located on sites adjacent to existing manufactured home parks; however, sites which meet all other location criteria of this section may be appropriate.
The community's internal roads shall have access to a public thoroughfare or shall be connected to a public thoroughfare by a permanent easement. An additional access shall be provided to a public thoroughfare to allow a secondary access for emergency vehicles. A boulevard entrance extending to the first intersection of a community road shall satisfy this requirement.
All lots shall be provided with public water and sanitary sewer service, or water and sanitary services that shall be approved by the Michigan Environment, Great Lakes, and Energy Department (EGLE), pursuant to EGLE Rules R 325.3321 and R 325.3331 through R 325.3335. Water line connections shall meet the specifications contained in EGLE Rule R 125.1603(a) and EGLE Rule R 325.3373. Water system meters shall comply with EGLE Rules R 325.3321 and R 125.1940a. Storm drainage systems shall be designed and installed according to the standards of the EGLE and the Berrien County Drain Commissioner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Manufactured home parks shall not be located in a designated floodway as determined by the EGLE according to Mich Admin Code R 125.1602(4) of the Manufactured Housing Commission; shall be located outside of a designated floodplain.
The regulations established by state law (Michigan Public Act 96 of 1987, MCLA § 125.2301, as amended) and the Manufactured Housing Commission Rules govern all manufactured home parks.
§ 300-9.02 Uses permitted by right.
In all areas zoned Manufactured Housing Community District, no building shall be erected, used, or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal permitted uses:
Manufactured home parks and subdivisions.
Adult-care and child-care facilities that provide care for up to six individuals.
Essential services, provided there is no building or outdoor storage yard.
Wireless communication antenna, fixed wireless signals.
[Added 9-16-2021 by Ord. No. 123-2021]
Wireless communications antenna when attached to a lawful existing telecommunications tower, water tower, or other structure, subject to overall height restrictions.
[Added 9-16-2021 by Ord. No. 123-2021]
§ 300-9.03 Permitted accessory uses.
Accessory buildings, uses and activities customarily incidental to any of the above-named permitted uses, subject to the provisions of this chapter.
§ 300-9.04 Development standards and requirements.
Preliminary plan review. Pursuant to Section 11 of Michigan Public Act 96 of 1987, MCLA § 125.2311, as amended, a preliminary plan shall be submitted to the Township for review by the Planning Commission. The preliminary plan shall include the location, layout, general design, and general description of the project. The preliminary plan shall not include detailed construction plans.
In preparing the preliminary plan and when reviewing the plan, the developer and Planning Commission shall follow the procedures and requirements of this chapter, where applicable, except where said procedures and requirements are superseded by requirements in Public Act 96 of 1987, as amended, or the Manufactured Housing Commission Rules.
Pursuant to Section 11 of Public Act 96 of 1987, as amended, the Planning Commission shall take action on the preliminary plan within 60 days after the Township officially receives the plan.
Minimum requirements. Manufactured housing parks shall be subject to all the rules and requirements as established and regulated by Michigan law, including, by the way of example, Act 96 of 1987, MCLA § 125.2301 et seq., as amended, and the Manufactured Housing Commission Rules as amended.
General authority. Manufactured home parks shall be constructed, licensed, operated, and managed in accordance with the provisions of the Manufactured Housing Commission Act, Act 96 of 1987, MCLA § 125.2301 et seq., and subsequently adopted rules and regulations governing manufactured home parks. Application for permit to construct a manufactured home park shall be submitted to the Michigan Department of Licensing and Regulatory Affairs, Construction Codes Bureau, the agency charged with licensing of manufactured home parks. Preparation of the application, support data, and local agency review of the above-mentioned materials shall conform to the requirements of Act 96.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Codes. All structures and utilities to be constructed, altered, or repaired in a manufactured home park shall comply with all applicable codes of the State of Michigan, the United States Department of Housing and Urban Development and the Manufactured Housing Commission, including building, electrical, plumbing, liquefied petroleum gases and similar codes, and shall require permits issued therefore by the appropriate offices. However, a manufactured home built prior to June 15, 1976, shall have been constructed to the State of Michigan Standards in effect at that time. All structures and improvements to be constructed or made under the Building Code shall have a building permit issued therefore by the Township Building Inspector.
Site size. The manufactured home park shall be developed with sites having a minimum size of 5,500 square feet per manufactured home unit. This 5,500 square foot minimum for any one site may be reduced 20% provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through the reduction of a site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space, but in no case shall the open space and distance requirements be less than that required under R 125.1946, Rule 946; R 125.1941 and R 125.1944, Rules 941 and 944 of the Michigan Administrative Code.
Dimensional requirements. Manufactured home sites shall be arranged to allow for, and manufactured homes shall be located to comply with, all of the following minimum separation distances, as measured from the wall/support line or foundation line, whichever provides the greater distance.
Twenty feet from any part of an adjacent manufactured home, if sited perpendicular to an internal road; or 15 feet from an adjacent manufactured home, if sited parallel to an internal road. Said standards shall apply to and include an attached or detached structure that may be used for living purposes for the entire year.
Ten feet from an attached or detached structure of an adjacent home that may not be used for living purposes for the entire year.
Seven feet from any on-site parking space of an adjacent manufactured home site.
One hundred feet from any baseball, softball, or similar recreational field.
Any part of a home or an accessory structure, such as steps, porches, supported or unsupported awnings, decks, carports or garages, or similar structures, shall be set back the following minimum distances:
Steps and their attachments shall not encroach more than 3 1/2 feet into parking areas.
Homes, permanent buildings and other structures shall not be located closer than 20 feet from the property boundary line of the community.
If homes, permanent buildings and other structures abut a public right-of-way, they shall not be located closer than 50 feet from the boundary line. If the boundary line runs through the center of the public road, then the 50 feet shall be measured from the road right-of-way line. This section does not apply to internal roads dedicated for public use.
Building height. Buildings in the Manufactured Housing Community District shall not exceed 2 1/2 stories or 35 feet, except that storage sheds shall not exceed 15 feet in height.
Roads. Roads shall satisfy the minimum dimensional, design, and construction requirements as set forth in the Manufactured Housing Commission Rules except as follows:
Two-way streets shall have a minimum width of 21 feet where no parallel parking is permitted, 31 feet where parallel parking is permitted on one side only, and 41 feet where parallel parking is permitted on both sides of the street. Roads not permitting parking shall be clearly marked or signed.
One-way streets shall not be permitted.
The alignment and gradient of a road shall be adapted to the topography and shall be graded for its full width to drain surface water. Internal road gradient and drainage construction phase features shall meet the requirements of the Manufactured Housing Commission Rule R 125.1712 of the Michigan Administrative Code.
An internal road that has no exit at one end shall terminate with a minimum turning radius of 50 feet. Parking shall not be permitted within the turning area, which shall be posted within the turning area. A safe-site distance of 250 feet shall be provided at all intersections. Offsets at intersections or intersections of more than two internal roads are prohibited.
The main entrance to the park shall have access to a public thoroughfare or shall be connected to a paved public collector or arterial road by a permanent easement which shall be recorded by the developers. Sole access to the park via an alley is prohibited.
All roads shall be clearly marked with appropriate identification and traffic control signs as provided by Mich Admin Code R 125.1703. The name of any streets or roads shall be approved by the Berrien County Road Department.
All roads shall be constructed to minimum standards as provided in Mich Admin Code R 125.1922 through R 125.1924.
Parking and storage.
All manufactured home sites shall be provided with two parking spaces per Manufactured Housing Commission Rules 925 and 926 (Mich Admin Code R 125.1925 and R 125.1926).
In addition, a minimum of one parking space for every three manufactured home sites shall be provided for visitor parking located convenient to the area served.
Off-street parking in accordance with Article XIX of this chapter shall be provided in conjunction with any community buildings, recreational facilities or office/maintenance buildings located within the manufactured home park.
No unlicensed or inoperable vehicle of any type shall be parked in this district at any time except within a covered building.
Storage areas.
Personal property. A manufactured home site shall be kept free of fire hazards, including combustible materials under the home. One storage shed that complies with the Michigan Residential Code may be placed upon any individual manufactured home site for the storage of personal property, if permitted by management. Storage sheds shall be constructed with durable weather and rust-resistant materials and shall be maintained to reasonably preserve their original appearance.
Storage sheds that are attached to homes shall consist of materials similar to that of the home and shall have a fire-rated wall separation assembly in accordance with the Michigan Residential Code. A detached storage shed shall be at least 10 feet from all adjacent homes. All storage sheds shall be securely anchored, in accordance with the Michigan Residential Code.
Towing mechanisms shall be removed from all homes at the time of installation and stored so as not to be visible. Towing mechanisms, including axles, may, however, be stored under manufactured homes within a community.
Recreational vehicle storage. If recreational vehicle storage is provided within the manufactured housing community, it should include, but not be limited to: class A, B, and C motor homes; fifth wheel travel trailers; travel trailers; folding tent campers; trailered boats; trailered all-terrain vehicles; trailered personal watercraft; historic vehicles; and seasonal equipment. The storage area shall be adequately locked, fenced, and permanently screened, using the same standards of screening provided at the property's perimeter, and surfaced in accordance with Mich Admin Code R 125.1922. The storage area shall be limited to use by the residents and management of the manufactured housing community.
Sidewalks. Sidewalks having a minimum width of three feet shall be provided on at least one side of collector roads in the manufactured housing park. Such sidewalks shall conform to the requirements of Act 8 of the Public Acts of 1973 (MCLA § 125.1361).
Accessory buildings and facilities.
Accessory buildings and structures, including park management offices and public works facilities, storage buildings, laundry facilities, recreation or community facilities, and other accessory facilities, shall be designed and operated for use by residents of the park only and shall be shown on the submitted preliminary plan for approval.
Travel trailers or recreational vehicles shall not be occupied as living quarters in all new and future manufactured housing developments.
Towing mechanisms, including tires, shall be removed from all homes at the time of installation and stored so as not to be visible from the exterior of the community. Towing mechanisms, including axles, may, however, be stored under manufactured homes within a community.
Open space. A manufactured housing community that contains 50 or more sites constructed under a permit to construct shall have not less than 2% of the community's gross acreage dedicated to designated open space, but in no case less than 25,000 square feet. Required property boundary setbacks may not be used in the calculation of open space area. Optional improvements shall comply with state codes and applicable laws and ordinances pertinent to construction, including obtaining appropriate state or local permits for the facility or structure being built. If provided, recreational or athletic areas shall comply with the safety and setback standards of Mich Admin Code R 125.1705 and 125.1941(1), respectively.
Landscaping and screening. Consistent with requirements for other residential subdivisions and site condominiums, manufactured housing communities shall be landscaped as follows:
If a manufactured housing community abuts an existing residential development, the community shall be required to provide screening along the boundary abutting the residential development.
If the community abuts a nonresidential development, it need not provide screening.
In all cases, however, a community shall provide screening along the boundary abutting a public right-of-way. The landscaping shall consist of evergreen trees or shrubs at least three feet in height at time of planting which are spaced so that they provide a continuous screen at maturity. Alternative screening devices may be utilized if they buffer the manufactured housing community as effectively as the required landscaping described above.
Exposed ground surfaces in all parts of the community shall be paved or covered with ornamental stone or protected with grass, trees, or shrubs that are capable of preventing soil erosion. The ground surface and all parts of the community shall be graded and equipped to drain all surface water in a safe and efficient manner.
Canopies. Canopies and awnings may be attached to any manufactured dwelling unit and may be enclosed for use as a sunroom or recreation room, but not as a bedroom. Canopies and awnings shall comply with the setback and distance requirements set forth in this section but shall not require a building permit unless fully enclosed or exceeding 10 feet by 10 feet in size.
Waste receptacles. Each manufactured home site shall use approved garbage/rubbish containers that meet the requirements of Part 5 of the Michigan Environment, Great Lakes, and Energy Department Health Standards, EGLE Rules R 325.3351 through R 325.3354. The containers shall be kept in sanitary condition at all times. It shall be the responsibility of the community operator to ensure that all garbage/rubbish containers do not overflow and that all areas within the community are free of garbage/rubbish.
Storm drainage. All drainage outlet connections shall be subject to review and approval by the Berrien County Drain Commissioner. Drainage systems shall be reviewed and approved by the EGLE, in accordance with EGLE Rules R 325.3341 to R 325.3349, pursuant to the Act.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Underground wiring and utilities.
Electricity. Electrical systems shall be installed, maintained, operated and serviced according to the standards established in Rules R 125.1603(d), R 125.1603(e), R 125.1603(f); R 125.1708; R 125.1710(2); R 125.1932; R 125.1933; and EGLE Rule R 325.3373(2)(c).
Fuel and gas heating service. The installation, maintenance, operation and service of manufactured housing community fuel and gas heating systems and connections shall comply with the standards contained and referenced in Rules R 125.1603(b), R 125.1710(1), R 125.1934 through R 125.1938, R 125.1940(3) and EGLE Rule R 325.3373(2)(d).
Telephone communication lines. All telephone systems shall be installed in accordance with standards approved by the Michigan Public Service Commission or utility provider, pursuant to Rule R 125.1940(2), as applicable.
Television. Television service installation shall comply with requirements of Rule R 125.1940(1).
Water and sewage service. All lots shall be provided with public water and sanitary sewer service, or water and sanitary services that shall be approved by the EGLE, pursuant to EGLE Rules R 325.3321 and R 325.3331 through R 325.3335. Water line connections shall meet the specifications contained in Rule R 125.1603(a) and EGLE Rule R 325.3373. Water system meters shall comply with EGLE Rule R 325.3321 and Rule R 125.1940a.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
School bus stops. School bus stops shall be located in an area that is acceptable to the local school district and the manufactured housing park developer.
Mailbox clusters. The United States Postal Service may require that manufactured housing parks be served by clusters of mailboxes serving several sites rather than individual mailboxes serving individual sites. If mail box clusters are required, they shall be located at least 200 feet from any intersection of a manufactured housing park road with a public road.
Manufactured housing unit sales. New or pre-owned manufactured homes, which are to remain on site in the manufactured housing community, may be sold by the resident, owner or a licensed retailer or broker, provided that the manufactured housing community management permits the sale, as established in Section 28a of the Act (MCLA § 125.2328a), and Rules R 125.2001a, R 125.2005, R 125.2006 and R 125.2009(e).
Operational requirements.
Permits. A manufactured housing park shall not be operated until a license has been issued by the Michigan Bureau of Construction Codes. The Township Building Inspector shall communicate his/her recommendations regarding the issuance of such licenses to the Director of the Manufactured Housing Division, Bureau of Construction Codes, Michigan Department of Licensing and Regulatory Affairs. No individual manufactured housing site shall be occupied until the required improvements including utilities and access roads which serve the site are in place and functioning. Buildings constructed on site, such as a management office or clubhouse, shall require a building permit prior to construction and a certificate of occupancy prior to use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Violations. Township inspections of manufactured housing communities shall comply with Section 17(2) of the Mobile Home Commission Act, MCLA § 125.2317(2). The Township shall present any evidence of an alleged violation of this Act or standards promulgated under this Act to the Michigan Bureau of Construction Codes, which may refer the available evidence concerning violations of the Act to the Attorney General or the proper prosecuting attorney who, with or without a reference, may take appropriate action, as further provided in Sections 17 and 36 of the Act, MCLA §§ 125.1317 and 125.2336.