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Dacono City Zoning Code

ARTICLE 5

MH Pre-Manufactured Housing District

Sec. 16-160.- Conformance required.

No building, structure, pre-manufactured housing structure or land shall be used, and no building, structure or pre-manufactured housing structure shall be erected or installed or structurally altered except as provided for in this Article and in Article 5 of Chapter 18 of this Code. Pre-manufactured housing structures are to be located only in the MH District.

(Prior code 17.20.010; Ord. 278 §1, 1983; Ord. 545 §3, 2000)

Sec. 16-161. - Definitions.

The definitions of Chapter 18, Article 5 of this Code shall apply to this Article.

(Ord. 374 §1, 1990; Ord. 545 §4, 2000)

Sec. 16-162. - General specifications.

(a)

The residential pre-manufactured housing district consists of any premises where one (1) or more pre-manufactured housing structures are placed for residential purposes.

(b)

For each zone change to a pre-manufactured housing district, a plan shall be presented, which shall contain the following data:

(1)

Location and legal description.

(2)

Entrances to and exits from the district.

(3)

Design, showing size and arrangement of lots, and location of roadways and walks.

(4)

Topography at two-foot contour intervals.

(5)

Areas set aside for recreation, laundry facilities, storage, paved off-street parking and supervisory, managerial or other similar facilities.

(6)

Fencing and screen planting on premises.

(7)

Provisions for trash and garbage removal.

(8)

Gas, electric and phone service lines, showing all lines with underground installation.

(9)

Provisions for lighting of roadways, driveways and pedestrian walks.

(10)

Water and sewer availability and distribution lines to each pre-manufactured housing structure lot or space.

(11)

Typical pre-manufactured housing structure lot or space plan.

(c)

Upon acceptance of the plan and final approval being granted for the zone change, the specifications and data contained upon the plan shall be binding upon the owners, their heirs, successors and assigns, and changes of pre-manufactured housing structure lot or space sizes, location of facilities, roadways or any other matter or design upon the plan may not be made without application first being made to the Planning Commission for an amendment to the plan.

(d)

All service lines within the pre-manufactured housing district shall be underground.

(e)

When considering a zone change to pre-manufactured housing district, the Planning Commission shall refer to the following requirement: The pre-manufactured housing district shall be allowed only where the same borders on or has access to streets or highways no less than fifty (50) feet wide.

(f)

Requirements for pre-manufactured housing subdivisions and pre-manufactured housing parks shall be as follows:

(1)

The minimum area of a pre-manufactured housing subdivision shall not be less than thirty (30) acres.

(2)

The perimeter of each pre-manufactured housing subdivision and each pre-manufactured housing park shall contain the following areas, which shall be used for no other purpose than landscaping, and ingress and egress:

a.

Setback where abutting or confronting a state highway - twenty-five (25) feet.

b.

Setback where abutting or fronting another public street other than the public streets contained within the subdivision or park - fifteen (15) feet.

(3)

The pre-manufactured housing subdivision or park shall be so arranged that all pre-manufactured housing structure lots or spaces and accessory buildings face on an interior roadway. The pre-manufactured housing lot or space shall be fenced and screen-planted on sides and rear property lines of the subdivision or park perimeter. Fencing shall be not less than seventy-two (72) inches in height, except where otherwise here provided.

(4)

The pre-manufactured housing structures shall have their wheels, axles and tongues removed and shall be placed on permanent foundations.

(5)

All pre-manufactured housing structures shall have brick, wood or cosmetically equivalent exterior siding and a pitched roof with shingles of a type commonly used in standard residential construction.

(6)

Entrance and exit roadways shall connect to a dedicated public right-of-way.

(7)

All roadways and driveways shall meet the requirements of City subdivision regulations.

(8)

The subdivider shall dedicate to the City an amount of land as required by Article 13 of Chapter 17 of this Code in addition to roads and rights-of-way for park, school, open space or other public purposes.

(9)

Two (2) off-street paved parking spaces for each lot or space shall be provided upon each individual lot or space, commencing with the rear sidewalk line.

(10)

No repair or maintenance of automobiles shall be permitted within the subdivision or park on any public right-of-way or property.

(11)

Service, utility and recreational buildings and appurtenances, garbage and trash containers, racks and rack locations, rodent and insect control, and water and sewage provisions must meet with the approval of county and state health authorities and the City Council.

(12)

In pre-manufactured housing subdivisions, ownership of a pre-manufactured housing structure and of the real property upon which it is located shall not be divided.

(Prior code 17.20.030; Ord. 278 §2, 1983; Ord. 391, 1991; Ord. 441 §13, 1994; Ord. 545 §5, 2000)

Sec. 16-163. - Permitted uses.

(a)

Uses by right in the pre-manufactured housing district shall be as follows:

(1)

Pre-manufactured housing structures. Only one (1) such structure shall be allowed per lot or space.

(2)

Other structures which house a single pre-manufactured housing structure and which may contain additional living area.

(3)

One-family dwelling; however, such a dwelling cannot be located on a pre-manufactured housing lot or space upon which a pre-manufactured housing structure is located.

(4)

Accessory structures including carports, buildings, storage structures, ramadas, cabanas, patios, patio covers, awnings and other appurtenances.

(5)

Supervisory, management or other office facilities associated with the control of a subdivision or park and/or its facilities.

(6)

Other structures shown on the approved plan.

(b)

Any housing structure or accessory building being lawfully used at the time of enactment of the ordinance codified herein, which does not conform to the requirements herein, shall be considered a nonconforming use and shall be governed by Article 14 of Chapter 16 of this Code.

(Prior code 17.20.040; Ord. 278 §2, 1983; Ord. 441 §14, 1994; Ord. 545 §6, 2000; Ord. 607 §6, 2002)

Sec. 16-164. - Accessory uses.

Accessory uses shall be as follows:

(1)

Home occupations as allowed under Article 21 of this Chapter only.

(2)

Private garage, designed or used for the shelter or storage of motor vehicles owned or operated by the occupants of the principal building.

(3)

Nursery schools operated in compliance with applicable statutes and regulations thereunder.

(Prior code 17.20.050; Ord. 278 §1, 1983; Ord. 301 §1, 1985; Ord. 441 §15, 1994; Ord. 460 §8, 1995)

Sec. 16-165. - Special review use.

(a)

The Planning Commission may recommend and the City Council may approve a special review permit, approving the use of a manufactured housing unit in the manufactured housing district as a professional office, under the following circumstances:

(1)

The applicant for the permit must provide evidence satisfactory to the Planning Commission and the City Council that the use will not be injurious or offensive to the occupants of adjacent premises by reason of excessive noise, traffic or other circumstances;

(2)

The applicant for the permit must provide evidence satisfactory to the Planning Commission and City Council that the use will not adversely affect the public health, safety and welfare of the City and of the occupants of adjacent premises; and

(3)

The applicant for the permit must comply with any special conditions recommended by the Planning Commission and placed on the issuance of the permit by the City Council for the protection of the public health, safety or welfare of the City or of the occupants of adjacent premises.

(b)

The City Council may revoke a special review permit issued under this Section upon a determination that:

(1)

The use has become injurious or offensive to occupants of adjacent premises by reason of excessive noise, traffic or other circumstances;

(2)

The use has become detrimental to the public health, safety or welfare of the City or of the occupants of adjacent premises; or

(3)

The applicant has failed to comply with any of the special conditions placed on the issuance of the permit.

(c)

A permit issued under this Section shall not be transferable and shall be void upon any change in the ownership of the property for which the permit was issued.

(d)

The applicant for a permit under this Section shall complete the application form furnished by the City Clerk and shall pay a permit fee in the amount established from time to time by resolution of the City Council.

(e)

A permit issued under this Section shall expire one (1) year after the date of issuance unless earlier revoked or voided as provided in this Section.

(Prior code 17.20.055; Ord. 362 §1, 1989; Ord. 409 §21, 1991)

Sec. 16-166. - Reserved.

Editor's note— Ord. 938 §2, adopted Jan. 23, 2023, repealed § 16-166, which pertained to fences and derived from Ord. 441 §16, adopted in 1994; and Ord. 493 §1, adopted in 1997.

Sec. 16-167. - Yard, area and space requirements.

Yard, area and space requirements shall be as follows:

(1)

Minimum area of lot shall be five thousand (5,000) square feet.

(2)

Minimum floor area per dwelling unit or pre-manufactured housing structure shall be eight hundred forty (840) square feet with minimum width of twelve (12) feet.

(3)

Floor area ratio shall not exceed 0.5.

(4)

Minimum area of lot per dwelling unit shall be five thousand (5,000) square feet.

(5)

Minimum frontage of lot, being the distance substantially parallel to the front lot line measured between side lot lines at the building setback line, shall be forty (40) feet.

(6)

Maximum height of buildings shall be as follows:

a.

Principal building, twenty-five (25) feet.

b.

Accessory building, sixteen (16) feet.

(7)

Minimum side yard shall be as follows:

a.

The minimum side yard from an interior side lot line shall be five (5) feet.

b.

The minimum side yard on that side of a building having a side primary entry shall be eight (8) feet.

c.

The minimum side yard for corner lots adjoining a street shall be twelve (12) feet.

d.

The minimum side yard for accessory buildings shall be three (3) feet.

(8)

Minimum front yard shall be fifteen (15) feet from property line. No accessory building or other structure shall extend beyond the principal building on the street side, with the exception of detached garages.

(9)

Minimum rear yard shall be eight (8) feet.

(10)

Minimum surface square footage for off-street parking of asphalt, concrete, Portland cement or similar material shall be provided to accommodate two (2) parking spaces per dwelling unit or pre-manufactured housing structure.

(11)

Minimum volume of a separate enclosed storage structure shall be two hundred (200) cubic feet.

(Ord. 441 §17, 1994; Ord. 471 §1, 1996; Ord. 607 §5, 2002)