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Davison City Zoning Code

CHAPTER 1278

B-2 Residential Mobile Home Park Districts

1278.01 APPLICATION OF REGULATIONS.

   The following regulations shall apply to all B-2 Residential Mobile Home Park Districts.
(Res. 24-95. Passed 2-13-95.)

1278.02 PERMITTED USES.

   No structure or part thereof shall be erected, altered or used, and no land may be used, except for one (1) or more of the following purposes:
   (a)   Mobile home parks, subject to the provisions of this chapter and as regulated by the Mobile Home Commission, pursuant to Act 96 of the Public Acts of 1987, as amended, as well as all other applicable City codes and ordinances, referenced herein.
   (b)   Mobile home condominium projects, subject to the requirements of Act 59 of the Public Acts of 1978, as amended.
   (c)   Clubhouse, swimming pool and recreation facilities for the use of the park residents. Accessory uses and structures, such as manager's office, laundry facilities, tool and storage sheds, and other services for the residents of the park, shall be permitted.
   (d)   One (1) identification sign, not exceeding thirty-two (32) square feet in area, which shall be permitted for a mobile home park. For multiple entrances, a second sixteen (16) square foot sign shall be permitted. Identification signs associated with approved home occupations within the park shall be permitted at the discretion of the mobile home park developer, and shall not exceed two hundred sixteen (216) square inches.
   (e)   Adult foster care family homes and adult foster care small group homes consisting of six (6) or fewer residents.
   (f)   Family day care homes.
(Res. 24-95. Passed 2-13-95.)

1278.03 CONDITIONAL USES.

   Structures and parts thereof may be erected, altered, or used, and land may be used, for one (1) or more of the following purposes, subject to the approval of the Planning Commission and subject to the conditional use provisions of Sections 1262.02 and 1262.03:
   (a)   Home occupations.
   (b)   Adult foster care small group homes consisting of seven (7) to twelve (12) residents, subject to the requirements of Section 1268.03(s).
   (c)   Group day care homes subject to the requirements of Section 1268.03(t).
(Res. 24-95. Passed 2-13-95.)

1278.04 SITE PLAN REVIEW.

   All proposed mobile home parks shall be subject to the site plan review provisions described below:
   (a)   Intent. Site plan review procedures set forth are instituted to provide an opportunity for the Planning Commission to review the proposed use of a site in relation to drainage, pedestrian and vehicular circulation, off-street parking, structural relationships, public utilities, landscaping, accessibility and other site design elements which may have an adverse effect upon the public health, safety, morals, and general welfare, as well as to provide for the interest of the property owner.
   (b)   Waiver of Review. The Building Official shall have authority to waive the Planning Commission's review of a site plan when the proposed use is of a nature which will require no alterations or only minor modifications to the site and/or structures in question. These shall not include the following:
      (1)   Expansion or relocation of an existing building or construction of a new building;
      (2)   A change in use and/or interior modifications which will result in a need for increased parking;
      (3)   Reduction of parking spaces from what originally existed for the former use;
      (4)   Major changes to the internal traffic or pedestrian circulation system of the site;
      (5)   Relocation or modification of the ingress and egress drives to public thoroughfares of the site;
      (6)   Major changes to landscaping, fences or walls; or
      (7)   Any use or modification to the site and/or structure which, in the opinion of the Building Official, may significantly affect public health, safety, or general welfare.
         The site plan shall always be required when a conditional use permit is being considered.
   (c)   Administrative Review; Formal Review.
      (1)   Prior to the establishment of a new mobile home park or expansion of an existing mobile home park, subject to the conditions listed below, a site plan shall be submitted to the Site Plan Committee for City review as follows:
         A.   Prior to review by the Planning Commission, all site plans shall be reviewed administratively by City staff to ensure compliance with the submittal requirements of this Zoning Code, and consistency with existing site zoning and the site development requirements.
         B.   After administrative review of a site plan by the Site Plan Committee, the Building Official shall place the site plan on the Planning Commission agenda for review and action at the earliest available meeting. A site plan shall be approved, approved with conditions or disapproved by the City of Davison Planning Commission in accordance with the requirements of this Zoning Code.
      (2)   When the proposed new construction or remodeling constitutes an addition to an existing building or use, site plan review procedures may be modified, at the discretion of the City Manager, to provide for an administrative review by City staff in lieu of a more formal review by the Planning Commission. City staff may conduct an administrative review provided both of the following are true:
         A.   No variances to the Zoning Code are required.
         B.   The proposed new construction would not increase the total square footage of the building greater than twenty-five (25) percent or one thousand (1,000) square feet, whichever is less.
      (3)   For those cases requiring site plan review solely as a result of building reoccupancy, site plan review procedures may be modified, at the discretion of the Building Official, to provide for an administrative review by City staff in lieu of a more formal review by the City Planning Commission. City staff may conduct an administrative review provided all of the following are true:
         A.   No variances to the Zoning Code are required.
         B.   Such use is conducted within a completely enclosed building.
         C.   Reoccupancy does not create additional parking demands, beyond ten (10) percent of that which exists.
         D.   Reoccupancy does not substantially alter the character of the site.
      (4)   The Building Official shall notify the Planning Commission of all site plans scheduled for administrative review.
      (5)   Every site plan submitted for review shall be in accordance with the requirements of this Zoning Code. Administrative review procedures are not intended to modify any ordinance, regulation or development standard.
   (d)   Application; Contents.
      (1)   Application for site plan review shall be made to the City Manager's office so that the site plan application can be reviewed interdepartmentally and any revisions, corrections, or information necessary can be corrected and/or made available by the petitioner.
         This does not necessarily mean that upon review by the Planning Commission any further pertinent information will not be requested.
      (2)   Three copies of the application and eight (8) copies of the site plan shall be filed, the same to be reviewed interdepartmentally and accompanied by the necessary fees and documents as required. The applicant will be notified of any corrections and/or modifications necessary within thirty (30) days. The applicant shall submit modified site plans to the City Manager or his or her designee. Upon finding the application complete the City shall instruct the applicant to submit eighteen (18) copies to the City Clerk fifteen (15) days prior to the Planning Commission's next regular or special meeting intended for that purpose. Plans shall be prepared by a licensed professional architect, engineer, land surveyor, community planner, or registered landscape architect. The plans shall have the signature and seal of the licensed professional affixed thereon. The requirements may be waived at the discretion of the City Manager or his or her designee only after the City Manager or his or her designee determines that the scope of the project does not warrant such services. Drawings shall be to the scale of not less than one (1) inch equals fifty (50) feet if the subject property is less than three (3) acres, or not less than one (1) inch equals one hundred (100) feet if three (3) acres or more. The information shall accompany all plans submitted for review and must comply with the procedures set forth in these Codified Ordinances and/or any State laws or statutes. Each site plan shall contain the following information:
         A.   Generally.
            1.   Statistical data, including the number of dwelling units, the size of dwelling units (e.g., one (1) bedroom, two (2) bedrooms, and three (3) bedrooms), if any, and total gross acreage involved.
            2.   Title and date of plan, including the date and nature of all subsequent revisions.
            3.   North arrow and scale. The scale shall be not less than one (1) inch equals fifty (50) feet for property under three (3) acres and at least one (1) inch equals one hundred (100) feet for those three (3) acres or more.
            4.   Location map showing the site in relation to existing roads and developments within the City.
            5.   The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.
            6.   Boundary of the tract shown by a heavy line; a legal description of the parcel, and the acreage.
            7.   Zoning classification of the petitioner's parcel and all abutting parcels.
            8.   The location and height of all existing and proposed structures on and within one hundred (100) feet of the subject property.
            9.   The location and the pavement and right-of-way width of all abutting roads and streets, and driveway locations on abutting public streets. The location of all easements of record.
            10.   The name, address, and telephone number of the property owner or petitioner.
            11.   The name, firm address, and telephone number of the professional civil engineering or architectural firms responsible for the preparation of the site plan (including imprint of professional seal).
            12.   Notation of City, County, or State license/permits required and/or secured.
            13.   Method of waste collection.
            14.   A statement on intended phases of the project.
            15.   All required setbacks for front, side, and rear yards as required in Sections 1278.07 through 1278.09.
         B.   Natural features.
            1.   Location of clusters of trees on the site and all existing trees over twenty-four (24) inches in diameter.
            2.   Location of existing wetlands.
            3.   Location of floodplains, drainage courses, lakes, ponds, drains, rivers, and streams including their water surface elevation, floodplain elevation and normal high water elevation.
            4.   Soil characteristics of the parcel utilizing information provided by the U.S. Soil and Conservation Services "Soil Survey of Genesee County."
         C.   Physical features.
            1.   A schedule of parking needs. Separate drawings may be submitted to indicate usable floor areas, etc., for computation of parking needs. Each individual parking space shall be indicated, including typical parking space dimensions for regular and handicapped spaces and type of lot surfacing.
            2.   A note specifying maintenance of paved surfaces and other improvements as follows:
               Maintenance Agreement
               "Paved surfaces, walkways, signs, lighting, and other structures and surfaces shall be maintained in a safe, attractive condition as originally designed and constructed. Parking lot striping and markings shall be maintained in a clearly visible condition."
            3.   The location of all community trash receptacles, where provided, and the location, height, and type of walls to screen receptacles.
            4.   Location of existing and proposed fire hydrants.
            5.   Location and dimension of required easements for public rights-of-way, utilities, access and shared access.
            6.   Entrance sign locations and size.
         D.   Additional requirements. Any other information specifically required by Act 96 of the Public Acts of 1987, as amended, the Mobile Home Commission Act.
         E.   Administrative review. In lieu of the site plan data requirements enumerated above, the following information is required for those cases receiving administrative review solely as a result of building reoccupancy or minor improvement:
            1.   Title and date of plan, including the date and nature of all subsequent revisions.
            2.   North arrow and scale.
            3.   An accurate description of the subject property.
            4.   Clear documentation of all proposed changes to the existing site, building or land use.
            5.   A description of the proposed use including number of employees, nature of the proposed use, floor plan sketch, and other general information describing the use.
            6.   A description of existing and proposed parking facilities serving the site, including parking area improvements (paving, landscaping, etc.) existing and contemplated.
            7.   A description of existing and proposed landscaping, sidewalks, and other site amenities.
            8.   A note specifying annual landscape maintenance procedures such as the following:
               Landscape Maintenance
               "Owner agrees to seasonal maintenance program and will replace all diseased, dead or damaged plants, replenish mulch, control weeds, fertilize and prune beginning upon completion of construction of landscaping."
            9.   A description of buffering (i.e., walls, greenbelts) between the use and adjacent residential properties both existing and proposed as referenced in Section 1278.11.(d).
            10.   A description of site ingress and egress, both existing and proposed.
            11.   Information regarding the number of times separate plans have been submitted by the applicant to the City for review of additions or alterations to the existing building or site in the past.
            12.   A note on the location and type of outdoor lighting, proposed illumination patterns, and method of screening to prevent glare onto adjacent streets or properties.
            13.   The location, height, and area of all signs.
            14.   Information and plans for the storage, loading, disposal and transfer of any hazardous/toxic waste (gas, oil, transmission fluid, lubricants, solvents, etc.). If any underground tank is used, the location, size, construction and use of the tank shall be specified on the site plan.
         F.   Site plan referral to Planning Commission.
            1.   The site plan shall be referred, within fifteen (15) days after achieving interdepartmental compliance, to the Planning Commission for its review and evaluation at its next regular or special meeting intended for that purpose.
            2.   The Commission shall review and communicate its approval or recommend site plan modifications to the applicant within not more than forty-five (45) days after receipt of the site plan. In cases where modifications have been recommended, the applicant shall resubmit a site plan incorporating those modifications to the Commission for its review. The same number of copies shall be provided as was the case for the original submission.
               a.   The Commission shall approve a site plan only upon a finding that the proposed use will not, upon the facts known at the time of submission of the site plan, cause undue hardship, or create unsafe or hazardous health or safety conditions to the general public.
               b.   Any required modification shall be directed to the specific elimination of unsafe or hazardous health or safety conditions.
            3.   Upon receipt of the modified site plan, the Planning Commission shall evaluate the changes which have been made and, if deemed acceptable, shall communicate its approval of the site plan to the applicant within not more than forty-five (45) days after receipt of the modified site plan.
               Such modified site plan may be disapproved for any inadequacy found to be detrimental to the public health, safety, and general welfare.
         G.   Fees required. Fees for the review of site plans shall be established by resolution of the City Council.
         H.   Basis for approval. In the process of reviewing the site plan, the Planning Commission shall consider:
            1.   Single-family subdivision and site condominium development.
            2.   The location and design of driveways providing vehicular ingress to, and egress from, the site in relation to streets giving access to the site and in relation to pedestrian traffic.
            3.   The traffic circulation features within the site and the location of automobile parking areas. The Commission may make such requirements with respect to any matters as will assure the safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets.
(Res. 24-95. Passed 2-13-95.)

1278.05 PARKING.

   Paved parking off the roadways or streets within a mobile home park shall be provided at the rate of at least two (2) parking spaces for each mobile home or dwelling unit, plus one (1) additional parking space for every three (3) mobile home sites as guest parking, as follows:
   (a)   Guest parking shall be provided within the park.
   (b)   The roadways and streets within the park may be utilized for additional guest parking, provided that such parking will not interfere with safe vehicular and pedestrian movement, and provided, further, that the street width permits the same in accordance with Act 96 of the Public Acts of 1987, as amended.
   (c)   Roadways and streets within the park shall be posted as to parking areas to ensure compliance with Act 96. The cost of such posting, including signs, shall be borne by the park owner.
(Res. 24-95. Passed 2-13-95.)

1278.06 LOT AREA.

   The minimum required lot area for a mobile home park shall be fifteen (15) acres.
(Res. 24-95. Passed 2-13-95.)

1278.07 FRONT YARDS.

   No mobile home shall be located closer than fifty (50) feet from any public street right-of-way line.
(Res. 24-95. Passed 2-13-95.)

1278.08 SIDE YARDS.

   No mobile home or any structure within a mobile home park shall be located closer than ten (10) feet from any side lot line of the mobile home park.
(Res. 24-95. Passed 2-13-95.)

1278.09 REAR YARDS.

   No mobile home or any structure within a mobile home park shall be located closer than ten (10) feet from any rear lot line.
(Res. 24-95. Passed 2-13-95.)

1278.10 BUILDING HEIGHT.

   No structure or appurtenance thereto shall be erected to exceed a height of two (2) stories or twenty-five (25) feet, except essential service structures.
(Res. 24-95. Passed 2-13-95.)

1278.11 MOBILE HOME PARK DEVELOPMENT REQUIREMENTS; SITE DESIGN REQUIREMENTS.

   (a)   The mobile home park shall be developed with sites averaging five thousand five hundred (5,500) square feet per mobile home unit. This five thousand five hundred (5,500) square feet for any one (1) site may be reduced by twenty (20) percent provided that the individual site shall be equal to at least four thousand four hundred (4,400) square feet. For each square foot of land gained through the reduction of a site below five thousand five hundred (5,500) square feet, at least an equal amount of land shall be dedicated as open space. This open space shall be in addition to that required under R 125.1946, Rule 946, and R 125.1941 and R 125.1944, Rules 941 and 944, of the Michigan Administrative Code.
   (b)   There shall be not less than seven hundred twenty (720) square feet of floor area within each mobile home. The floor area of any porch, sun deck, or other structure shall not be used to meet the seven hundred twenty (720) foot requirement.
   (c)   The placement of mobile homes within a mobile home park shall observe the following internal setback requirements:
      (1)   Twenty (20) feet from any part of an attached or detached structure of an adjacent mobile home which is used for living purposes.
      (2)   Ten (10) feet from an on-site parking space of an adjacent mobile home site.
      (3)   Ten (10) feet from a detached structure or accessory building which is not used for living purposes.
      (4)   Fifty (50) feet from a permanent building.
      (5)   Ten (10) feet from the edge of an internal road.
      (6)   Seven (7) feet from a parking bay.
      (7)   Seven (7) feet from a common pedestrian walkway.
   (d)   Mobile home parks shall be landscaped as follows:
      (1)   If the mobile home park abuts an existing residential development, the park shall be required to provide screening along the park boundary abutting the residential development.
      (2)   If the park abuts a non-residential development, the park need not provide screening.
      (3)   In all cases, however, a park shall provide screening along the park boundary abutting a public right-of-way.
         The landscaping shall consist of evergreen trees or shrubs a minimum of three (3) feet in height which are spaced so they provide a continuous screen at maturity. Alternative screening devices may be utilized if they conceal the mobile home park as effectively as the required landscaping described above.
   (e)   Open space shall be provided as required by Rule 946 of the Mobile Home Commission and shall be designated on the site plan. Should recreational areas also be proposed, these shall also be shown on the plans.
   (f)   All roadways or streets within the park shall be constructed and paved in accordance with American Association of State Highway Officials (AASHO) specifications specified in Rule 922 of the Mobile Home Commission.
   (g)   The mobile home park shall be provided with a walk system consisting of thirty-six (36) inch minimum width concrete sidewalks parallel to and along one (1) side of all collector streets within the park and connecting to the park, recreation, and service facilities. Walks connecting the entrance of each mobile home to the balance of the park walk system shall be designed per Mobile Home Commission rules.
      All such walks shall be constructed in accordance with and in conformance with Rule 928 of the Mobile Home Commission.
   (h)   Each mobile home site shall conform with Mobile Home Commission requirements of Rule 602 for installation of mobile homes.
   (i)   The grounds of a mobile home park shall be graded to drain properly.
      All storm sewers shall be constructed in accordance with Parts 2 through 4 of the Michigan Department of Public Health (MDPH) mobile home park standards, by the developer.
   (j)   Site built single-family dwellings may be located in a mobile home park as follows:
      (1)   One (1) single-family dwelling may be permitted for the exclusive use of the mobile home park owner or manager in a park of thirty (30) acres or less.
      (2)   Two (2) single-family dwellings may be permitted for the exclusive use of the park owner, manager or caretaker in a park in excess of thirty (30) acres.
      (3)   Any such dwellings shall comply in all respects with the requirements for single-family dwellings in the A-3 Residential District.
(Res. 24-95. Passed 2-13-95.)

1278.12 GENERAL REQUIREMENTS FOR MOBILE HOME PARKS.

   (a)   All mobile home sites and all other buildings shall be connected to the water system of the City, if it is available to the park, or to other State-approved system.
      (1)   The park water system shall conform to Parts 2 through 4 of the MDPH mobile home park standards.
      (2)   Fire hydrants shall be included using the same requirements for their location, provided that City water is available.
   (b)   All mobile home sites and all other buildings shall be connected to the sanitary sewerage system of the City, if it is available to the park, or to other State-approved systems. The park sanitary sewerage system shall conform to MDPH mobile home park standards.
   (c)   No mobile home shall be occupied for dwelling purposes unless the mobile home is placed on a site or lot and connected to water, sanitary sewer, electrical, and other facilities as may be necessary or prior to Building Official inspection and permit approval.
   (d)   Street lighting shall be provided and paid for by the owner of the park and shall be approved by the Mobile Home Commission as to the adequacy of illumination.
   (e)   Street name signs shall be provided by the owner at all street intersections in accordance with Mobile Home Commission requirements. Park street names shall not duplicate or be confusingly similar to the name of any existing street within the area served by the Post Office or the Fire Authority.
   (f)   Fences on individual home sites shall be uniform in height, not to exceed thirty-six (36) inches, and shall be constructed in such a manner as to provide fire-fighters an access of at least two (2) access gates.
   (g)   Mobile home parks shall be located with access to State trunkline, county primary road, or major street as determined by the Planning Commission.
   (h)   There shall be a maximum of one (1) sign per roadway frontage with an entrance which shall bear only the name of the mobile home park. Such a sign shall be located from the street a distance equal to the setbacks established in Rule 944(2) of the Mobile Home Commission rules and may be lighted, provided that the source of light is not visible and is not of the flashing or intermittent type.
   (i)   The business of selling new and/or used mobile homes as a commercial operation in connection with the operation of a mobile home development is prohibited. New or used mobile homes located on lots within the mobile home development to be used and occupied on that site may be sold by a licensed dealer and/or broker. This subsection shall not prohibit the sale of a used mobile home by a resident of a mobile home development, provided the development permits the sale.
   (j)   All requirements of Act 96 of the Public Acts of 1987, as amended, shall apply.
   (k)   The owner or operator of any mobile home park shall be responsible for all street construction and street maintenance within the confines of the mobile home park; shall be responsible for all snow removal within the confines of the mobile home park; and shall be responsible for picking up trash and garbage within the confines of the mobile home park.
   (l)   No mobile home shall be occupied by more than one (1) family.
   (m)   If boats, boat trailers and utility trailers are permitted to be parked within the mobile home park, adequate parking spaces for such vehicles in a central or collective parking area shall be provided. This area shall be in addition to the automobile parking requirements of this Zoning Code and shall be adequately locked, fenced and permanently buffered.
   (n)   Each mobile home shall have a safe and unobstructed primary exit and emergency exit located away from the primary exit.
   (o)   Electrical and utility service shall be underground and designed and installed in conformance with the standards established in Rules 932(a), 934(a), 935(a), 937(2)(a) and 940 of the Mobile Home Commission.
   (p)   All gas distribution lines shall be located underground. Each mobile home lot so served shall have the service line located underground to a connection point below the mobile home. Any line running between such connection point and the mobile home shall be supported so it can not be abraded by the pad surface. If fuel oil is used, it shall be supplied from a central storage tank, with underground distribution and service lines to the individual mobile home sites, and shall be subject to the same requirements given herein for gas lines. The use of independent bottled gas service for individual mobile homes is prohibited. All heating systems shall be designed and installed in accordance with Rules 934 and 940 of the Mobile Home Commission.
   (q)   Each mobile home site shall be provided with approved garbage containers per Mobile Home Commission rules. The containers shall be kept in a sanitary condition at all times.
      (1)   It shall be the responsibility of the mobile home park operator to ensure that garbage containers do not overflow.
      (2)   Exterior property areas shall be maintained free from organic and inorganic material that might become a health, accident or fire hazard.
   (r)   No domestic animals or house pets shall be allowed to run at large or commit any nuisance within the limits of the mobile home park.
   (s)   Park grounds shall be maintained in a neat condition at all times.
   (t)   Every park shall be equipped at all times with fire extinguishing equipment in good working order, of a type, size and number and so located within the park as to be in compliance with the applicable regulations of the Rules 702a and 703 of the Mobile Home Commission.
      (1)   No open fire shall be permitted at any place which may endanger life or property.
      (2)   No fire shall be left unattended at any time.
   (u)   No home occupations shall be conducted in any mobile home, except as permitted and approved as a conditional use.
   (v)   Skirting on each mobile home shall be required, to be installed within ninety (90) days of being placed on its site and shall conform to Rule 604 of the Mobile Home Commission.
   (w)   Expandable units on mobile homes may be utilized, provided that the minimum spacing between mobile homes as herein provided is maintained.
   (x)   There shall be no storage of any kind underneath any mobile home and each mobile home shall be maintained in a clean and presentable condition at all times.
   (y)   No personal property shall be stored outside or under any mobile home. Storage sheds may be used to store property but need not be supplied by the owner of the mobile home development.
   (z)   Two (2) access points shall be provided to the public thoroughfare to allow a secondary access for emergency vehicles. A boulevard entrance extending to the first intersection of interior park roads shall be interpreted as satisfying this requirement.
(Res. 24-95. Passed 2-13-95.)

1278.13 SITE CONSTRUCTED BUILDINGS.

   Site constructed buildings within the mobile home park, such as community buildings or laundries, but not including manufactured homes and their accessory storage buildings, shall be reviewed by the City at the time of submittal for a building permit, per the requirements of applicable building codes and required Mobile Home Commission setbacks.
(Res. 24-95. Passed 2-13-95.)