Custer City Zoning Code
CHAPTER 17
36 MANUFACTURED HOUSING PARKS
17.36.005 Purpose and intent.
To promote and protect the public health, safety, and general welfare of the community by regulating the orderly development and operation of manufactured housing parks. (Ord. 923 (part), 2024)
17.36.010 Severability.
If any section of this chapter is found to be unlawful or invalid, the remaining portion of the regulation remains in effect. (Ord. 923 (part), 2024)
17.36.020 Definitions.
For the purposes of this chapter, unless otherwise stated, words used in the present tense include the future; singular numbers include the plural and the plural the singular. The word shall is mandatory, not discretionary, and the word may is permissive. For purposes of this chapter, certain terms or words used herein shall be interpreted as follows:
"Appurtenance" means an incidental or subordinate structure attached or accessory to the main building, such as a deck, steps, storage shed or carport.
"Front yard" means an open, unoccupied space within a manufactured home lot that lies between the front lot line and the front line of the manufactured or mobile home.
"Foundation, permanent" means the masonry, concrete, or wooden substructure of a structure which directly supports the structure around its entire perimeter and at points within its perimeter where needed.
"Manufactured home" means structures transportable in one or more sections, which are built on a permanent chassis and designed for use with or without a permanent foundation when connected to the required utilities. Manufactured homes are units built after June 15, 1976, to the specifications of the Federal Manufactured Home Construction and Safety Standards as outlined in Title VI, Housing and Community Development Act of 1974.
"Manufactured home lot" means a designated plot of land within a manufactured housing park for the location of one manufactured home or mobile home and associated appurtenances, and provides for the required set-back distances. This space also is provided with sewer, water, and electrical hook-up connections and off-street parking.
"Manufactured housing park" means a parcel of land designated for the placement of manufactured homes, or mobile homes, including appurtenances, accessory buildings and parking. All land within the park is intended to be held in common ownership, with the individual home spaces rented to residents.
"Mobile home" means structures transportable in one or more sections, which are built on a permanent chassis and designed for use with or without a permanent foundation when connected to the required utilities. However, a mobile home includes only structures built prior to June 15, 1976 to the Federal Housing and Urban Development (HUD) Standards.
"Owner" means an individual, firm, association, syndicate, or corporation having sufficient propriety interest.
"Permit" means a written certificate issued by the Planning Commission, City Council or designated representative pursuant to this chapter and regulations promulgated under this section authorizing performance of a specific activity.
"Permitted conditional use" means a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location or relation to neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in zoning district as permitted conditional uses, if specific provision for permitted conditional uses is made in this chapter.
"Rear yard" means an open, unoccupied space within a manufactured home space that lies between the rear lot line and the rear line of the manufactured or mobile home.
"Setback" means the required distance between every structure and any space line or property line within the manufactured home space or lot on which it is located.
"Side yard" means a yard extending from the front line of manufactured home lot to the rear line of the manufactured home lot.
"Site plan and development agreement" means the document that is submitted to City Council that meets the requirements of Section 17.36.040 (C).
"Structure" means that which is built or constructed, an edifice or building of any kind, or piece of work artificially built up or composed of parts joined together in some definite manner. A structure, for the purposes of this chapter, does not include a mobile home or a manufactured home.
"Yard" means the area of land surrounding the principal structure. (Ord. 923 (part), 2024)
17.36.030 Location.
A. No manufactured house or mobile home shall be located within Custer City except as follows:
1. Within the provisions of Section 17.36.070 of this chapter, for the development of new manufactured housing parks approved after the effective date of the ordinance codified in this chapter;
2. Within the provisions of Chapter 17.40 of this title;
3. Within manufactured or mobile home parks existing prior to effective date of this ordinance codified in this chapter. Used continuously during this time period, and that are regulated as a non-conforming use subject to the regulations set forth in Chapter 17.04 of this title and Section 17.36.110 of this chapter. (Ord. 923 (part), 2024)
17.36.040 Permit requirements.
A. It is unlawful for any person to construct, maintain, operate or alter any manufactured housing park within the limits of the city unless there is a valid permitted conditional use permit issued by the Planning Commission and a manufactured housing park site plan and development agreement approved by City Council.
B. An application for a manufactured housing park shall be regulated hereunder as in the approved zoning regulations of the city. The application for a permit shall be filed with the City Planner.
C. Amendments to an existing conditional use permit shall meet the requirements of Section 17.52.060 of the Custer City Municipal Code.
D. Each application shall be accompanied by a manufactured housing park site plan and development agreement. The site plan shall be drawn to scale and prepared by a licensed surveyor, engineer, or architect. An alternative plan may be accepted by the City Council upon request by the applicant. The plan shall include the following information:
1. The name and address of the applicant;
2. The location and legal description of the proposed manufactured housing park;
3. A complete site plan of the manufactured housing park, showing compliance with all applicable provisions of this section and regulations promulgated hereunder;
4. Such further architectural or engineering information as may be requested by the city.
a. A complete plan shall show:
1) Dimensions of the tract of land;
2) Number and size of all manufactured home lots;
3) Width and type of surface material of interior park roadways;
4) Proposed uses of service buildings and any other planned structures;
5) Sizes and location of water and sewer lines;
6) Types of landscaping and lighting to be provided;
7) Height and material type of all walls and fences;
8) Plans and specifications of all buildings and other improvements;
9) Necessary utility easements;
10) A time schedule for completion of each construction item.
11) Off-street parking spaces. (Ord. 923 (part), 2024)
17.36.050 Fees.
All fees shall be set by the Custer City Fee Schedule. Fees required for the establishment of a new manufactured housing park, or an expansion of an existing manufactured housing park, include but are not limited to:
A. A manufactured housing park site plan and development fee.
B. A conditional use permit fee. (Ord. 923 (part), 2024)
17.36.060 Permit issuance.
The Planning Commission may issue a conditional use permit, applied for under this section, contingent upon approval of the manufactured housing park site plan and development agreement by City Council. The conditional use permit application process is subject to Chapter 17.52 of this title. (Ord. 923 (part), 2024)
17.36.070 Regulations.
New manufactured housing parks, as well as non-conforming mobile home or manufactured housing park(s) that must comply with current standards under Section 17.36.110, shall be developed in accordance with the requirements outlined in this section:
A. Manufactured housing parks may be established in specified zoning districts according to the procedures for granting permitted conditional uses, provided that the proposed manufactured housing park plans meet all local, state, and federal requirements.
B. Development of a manufactured housing park shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water. Any part of the space upon which a manufactured home is to be provided, shall be above the regulatory one hundred- (100-) year flood prevention elevation.
C. A manufactured housing park shall have the property corners monumented and contain no less than forty-five thousand (45,000) contiguous square feet, excluding alleys, access roads, playgrounds and service buildings.
D. Each manufactured home lot shall have an area of not less than fifty-six hundred (5,600) square feet. The minimum number of six (6) lots is required for an approved manufactured housing park. Each manufactured home lot shall be clearly defined by permanent markers on the ground.
E. Within the manufactured home lot, there shall be a minimum distance of six (6) feet on the sides and rear, and twenty (20) feet on the front between the manufactured home or any of its appurtenances and the nearest lot, right of way, interior roadway, or property boundary line.
F. There shall be a minimum distance of twelve (12) feet between individual manufactured homes.
G. There shall be a minimum distance of twelve (12) feet between manufactured homes placed end-to-end.
H. Each designated manufactured home lot shall have a minimum width of fifty (50) feet.
I. Office or service buildings shall have a minimum set-back of twenty (20) feet from any manufactured home lot, right of way, interior roadway, or property line.
J. A manufactured home shall not be parked or occupied for any purpose unless it is located in an approved designated manufactured housing park or other approved area authorized by the City Building Official.
K. A manufactured or mobile home in a manufactured housing park shall not be used for anything other than residential, or a permitted or conditional use home occupation that meets the requirements of Chapter 17.12 of this title.
L. A manufactured housing park shall not be used for transient or overnight camping purposes.
M. Each manufactured housing park shall be permitted to display one (1) identification sign that meets the requirements of Chapter 17.38 of this title. The sign shall include only the name and address of the park, and may be lit by indirect lighting.
N. The entrance to each row of lots shall have a directional sign indicating lot numbers in each row. These numbers shall be a minimum of four (4) inches in height.
O. Each lot shall have a number displayed in a consistent location, either within the lot, or positioned directly on the manufactured or mobile home. These numbers shall be a minimum of four (4) inches in height.
P. Standard fire hydrant placement shall be, at minimum, placed in a manner to comply with Section 15.04.010 of Custer City Municipal Code.
Q. All manufactured homes in manufactured housing parks or mobile home parks are subject to applicable regulations in Title 15, Buildings and Construction, of the Custer City Municipal Code. (Ord. 923 (part), 2024)
17.36.080 Available lot.
It is prohibited to allow a manufactured home to be placed in a manufactured housing park unless there is an available vacant lot. (Ord. 923 (part), 2024)
17.36.090 Access roads, parking, and water and sewer supply.
Access roads, parking, and sewer supply shall meet the following requirements:
A. Each manufactured home lot shall have access to a city street or alley via an internal park roadway. This roadway shall be a minimum of twenty-four (24) feet wide and continuously hard surfaced unless otherwise agreed upon in the manufactured home site plan and development agreement.
B. Each manufactured home lot shall provide off-street parking that complies with Custer Municipal Code Section 17.04.090. Additional off-street parking may be required per the manufactured housing park site plan and development agreement.
C. All manufactured home spaces shall be served by approved water and sewer connections. (Ord. 923 (part), 2024)
17.36.100 Inspections.
In the event health or safety violations are suspected, city staff and Fire Department staff are authorized entry onto private property to determine the condition of the manufactured housing park and manufactured and/or mobile home(s) within the park. It shall be the duty of the owner(s) or occupant(s) of the manufactured home contained therein, or the owner(s) of the manufactured housing park, to allow the above inspector(s) access to such premises at a reasonable time for the purpose of inspections. (Ord. 923 (part), 2024)
17.36.110 Non-conforming mobile home parks or manufactured housing parks.
Non-conforming mobile home parks or manufactured housing parks that were legally established prior to the enactment of this chapter are subject to the following regulations:
A. The non-conforming use regulations in Section 17.04.080 of Custer Municipal Code.
B. Non-conforming mobile home parks or manufactured housing parks that are improved, resulting in a fifty (50) percent or greater increase in the appraised value, shall meet the provisions of Section 17.36.070 of this chapter.
(Custer 9-97) 248-4