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Erwin City Zoning Code

ARTICLE XIII

MANUFACTURED HOME PARK DISTRICT MHPD

Sec. 36-368.- Intent.

It is the intent of this Manufactured Home Park District to provide a safe and healthy location for the placement and clustering of several manufactured homes.

(Code 1977, § 9-4033.1)

Sec. 36-369. - Manufactured home park requirements.

(a)

Area. The area or the manufactured home park shall be a minimum of two acres, and the park shall have a minimum of five manufactured home spaces available at first occupancy.

(b)

Utilities. The manufactured home park and all occupied units located in it must be connected to the municipal water and sewerage systems or other systems approved by the county health department or the state department of human resources and the state department of natural resources and community development, division of environmental management.

(c)

Access and parking. Paved, privately maintained roadways must be provided for access to individual units and other facilities located within the park. Required parking spaces are not required to be paved.

(d)

Other permitted uses. Service buildings, recreation buildings, and other areas or structures providing laundry, sanitation, and managerial facilities are permitted subject to approval of the planning board. Such facilities shall serve only the park in which it is located. No such facility shall have direct access to a public street, but shall be served by the privately maintained roadway.

(e)

Buffers. Buffer strips as herein defined shall be required along all rear and side property lines of the park. The buffering requirement may be waived by the board of adjustment along any boundary which is naturally screened by evergreen plant materials or topography, or may be deferred in isolated areas.

(Code 1977, § 9-4033.2; Ord. of 12-10-2009)

Sec. 36-370. - Manufactured home space requirements.

Manufactured home units shall be located only in spaces which meet the following requirements:

(1)

Access. Each space shall have access to an interior roadway with a paved width of at least 20 feet. No space shall have direct access to a public street.

(2)

Clearance. Each space shall be designed so that at least a 30-foot clearance width will be maintained between units and other structures within the park.

(3)

Setbacks. Manufactured home units shall be located so that a 15-foot setback is maintained from the centerline of the private interior roadway.

(4)

Utilities. Each space shall have hook-up facilities for water, sewer, electricity, and telephone services. All occupied manufactured home units shall have and use approved sanitary facilities within the manufactured home unit.

(5)

Parking. At least one of the two required parking spaces shall be located on or adjacent to each manufactured home space.

(Code 1977, § 9-4033.3)

Sec. 36-371. - Additional requirements.

(a)

Recreational areas. When a manufactured home park shall contain at least 20 lots, a recreation area will be developed and maintained that shall include not less than eight percent of the total park area. The minimum size of any recreation area shall be 2,500 square feet. Lakes, ponds, rivers, streams, swamps and marshlands shall not be considered as meeting (in part or whole) the recreation area requirements or this section.

(b)

Steps. The park operator shall be required to provide and supervise the placement of pre-cast concrete or metal steps or pressure-treated lumber steps at the entrances to each manufactured home located in the park or meet the requirements of the state building codes, whichever is greater.

(c)

Tie-down and anchoring requirements. Manufactured homes shall be securely anchored to the ground by means of a tie-down system. When the manufactured home is factory equipped with a tie-down system designed by a registered architect or engineer, then the owner is to use the manufacturer's set of instructions as the standard of proper tie-down procedures. If no such set of instructions is available, or if the system has not been designed by a licensed architect or engineer, then the administrative official is to enforce standards listed in the State of North Carolina Regulations for Manufactured Homes booklet published by the state department of insurance.

(d)

Skirting. Each manufactured home shall be underpinned with exterior rated materials, of a type suitable for skirting, maintained, and in a manner approved by the administrative official.

(e)

Storage buildings. Each manufactured home lot may be equipped with a storage building not to exceed ten feet by ten feet, provided that all such buildings are located adjacent to the rear lot line.

(f)

Storage of possessions. Storage of possessions and equipment in the area beneath a manufactured home shall be prohibited.

(Code 1977, § 9-4033.4; Ord. of 5-7-2009)

Sec. 36-372. - Responsibilities and duties of park operators.

(a)

Manufactured home park maintenance. Manufactured home park operators shall be required to provide adequate supervision to maintain the park in compliance with the requirements of this article. Further, the manufactured home park operators shall keep all park-owned facilities, improvements, equipment, and all common areas in good repair and maintained in such a manner as to prevent the accumulation or storage of materials which would constitute a fire hazard or would cause insect or rodent breeding and harborage.

(b)

Placement and anchoring. Operators shall be required to supervise the placement of all manufactured homes to guarantee that they are properly anchored and attached to utilities.

(c)

Assist county tax supervisor. Operators shall be required to comply with G.S. 105-316(a)(1), which requires that as of January 1 of each year each operator of a park renting lots for six or more manufactured homes furnish to the county tax supervisor the names of the owner of and a description of each manufactured home located in the park.

(d)

Solid waste disposal. The park operator will operate or provide for the operation of a solid waste disposal system, including providing park tenants with appropriate containers.

(Code 1977, § 9-4033.5)

Sec. 36-373. - Procedure for securing approval of manufactured home parks.

(a)

Manufactured home park initial permit application procedure.

(1)

Prior to the construction of a new manufactured home park or the expansion of an existing manufactured home park, the developer shall make application to the administrative official for a permit to construct or expand such a park. The application shall be accompanied by five copies of the proposed park plan.

(2)

The park shall be drawn at a scale of 50 feet to one inch or larger and shall include the following:

a.

The name of the park, the names and addresses of the owner or owners, and the designer or surveyor.

b.

Date, scale, and approximate north arrow.

c.

Boundaries of the tract shown with bearings and distances.

d.

Site plan showing streets, traffic circulation, driveways, recreation areas, parking spaces, service buildings, water courses, easements, manufactured home lots, lot numbers, all structures to be located in the park site, and total acreage of the park.

e.

Vicinity map showing the location of the park and the surrounding land usage.

f.

Names or adjoining property owners.

g.

The existing and proposed utility system for surface water drainage, streetlights, water supply, and solid waste and sewage disposal facilities.

h.

Certification of approval of water supply system plans by the appropriate municipal, county or state authority having jurisdiction.

i.

Certification or approval of sewage collection systems by the appropriate municipal, county or state authority having jurisdiction.

j.

Certification of approval of solid waste storage collection and disposal plans by the county health department or the authority having jurisdiction.

k.

Certification of lot approved by the Soil and Water Conservation District, including suitability for septic tank systems if used.

(b)

Review of the proposed manufactured home park plan.

(1)

The administrative official shall review the proposed manufactured home park plan to determine if it is in accordance with the requirements set forth in this article.

(2)

If the administrative official finds that all requirements have been met, the official shall refer the plan to the planning board and the town board of commissioners for their review and approval. One approved copy shall be given to the developer or the developer's agent.

(c)

Issuance of initial permit and business license.

(1)

After receiving approval of the proposed manufactured home park plan, the administrative official is authorized to issue an initial permit. The intent of this permit is to enable the construction of the park according to the proposed plan but shall not be construed to entitle the applicant to offer spaces for rent or lease or to operate a manufactured home park.

(2)

If construction of the manufactured home park has not begun within 12 months from the issued date of the initial permit, the administrative official may grant an extension or the permit when the applicant shows reasonable cause for the delay.

(3)

When the developer has completed the construction of the manufactured home park, the developer shall apply to the administrative official for a business license. The administrative official and a representative of the county health department shall make an on-site inspection of the park.

a.

If the park conforms to the approved plan, the administrative official shall issue the developer a business license.

b.

If the park does not conform with the approved plan, the administrative official shall delay issuance of the business license until it comes into conformity.

(4)

The business license issued to the applicant shall constitute the authority to operate the manufactured home park. The business license shall expire after a one-year period and must be renewed to be valid.

(5)

When a manufactured home park is to be developed in stages, the proposed plan may be submitted for the entire development; and application for a business license may be made for each stage completed.

(6)

Violation of any of these article requirements constitutes grounds for refusing to issue a license or renew a license or to revoke an issued license. Operating a manufactured home park without a valid license is a misdemeanor punishable under the terms of this article.

(7)

Manufactured home parks existing prior to the adoption of this article shall be required to obtain a conditional business license within 90 days after the adoption of this article. The conditional business license shall be issued by the administrative official when the existing manufactured home park complies with the standards contained in sections 36-369(b), 36-370(4), 36-371(g) and 36-372.

(Code 1977, § 9-4033.6; Ord. of 5-3-2001)

Sec. 36-374. - Signs.

Refer to article XIX of this chapter.

(Code 1977, § 9-4033.7)

Sec. 36-375. - Lights.

Refer to article XVII of this chapter.

(Code 1977, § 9-4033.8)

Sec. 36-376. - General provisions.

Refer to article XV of this chapter.

(Code 1977, § 9-4033.9)