The purpose of this chapter is to set forth the conditions under which manufactured housing and mobile homes will be allowed within the City. The chapter also outlines the allowances and requirements for manufactured and mobile home parks and subdivisions.

(Ord. 2004-19; Ord. 2009-02 [17.23]; Ord. 2021-21)

A.

Individual mobile homes are conditional uses in the RE, LLR, CR, SFR, MP, and DMU zone districts, pursuant to Chapter 17.05 (Land Uses), and shall require conditional use approval pursuant to Section 17.09.030. They may also be permitted as a conditional use in a planned unit development (PUD).

B.

Manufactured and mobile home parks are a high density residential use on a parcel of land under single ownership or control on which two (2) or more manufactured homes or mobile homes are located. Manufactured housing parks and mobile home parks are conditional uses in the CR zone district pursuant to Chapter 17.05 (Land Uses), and shall require conditional use approval pursuant to Section 17.09.030. They may also be permitted as a conditional use in a planned unit development (PUD).

C.

Manufactured and Mobile Homes. No person shall locate a manufactured or mobile home in the City without first obtaining a planning clearance for a building permit from the Community Development Department.

D.

Manufactured and Mobile Home Parks—Approval Procedure.

1.

The applicant shall submit the required information on forms and in numbers as determined by the Community Development Department. The application shall be distributed to appropriate staff and others for review and comment.

2.

An applicant seeking to develop a manufactured or mobile home park as a conditional use in the CR zone shall apply for a conditional use permit in accordance with the requirements set forth in Sections 17.07.040 and 17.09.030 of this title. Prior to, or simultaneously with the submittal of an application for a conditional use permit, the applicant shall submit a manufactured or mobile home park development plan for the subject property for review and approval.

3.

An applicant seeking to develop a manufactured or mobile home park as part of a planned unit development shall comply with the procedures and standards set forth in Chapter 17.19 of this title.

4.

Prior to, or simultaneously with an application for a conditional use permit, or planned unit development approval, the applicant shall submit an application for subdivision in accordance with the requirements of Chapter 17.21 of this title. A manufactured or mobile home park shall be subdivided for the purpose of dedication of adjacent public streets, internal public streets and ways, parks, open space or recreation areas, easements and other public facilities.

5.

Development of a manufactured or mobile home park is permitted only in accordance with a manufactured or mobile home park development plan and subdivision final plat prepared and approved in accordance with the requirements of this title. The owners and their successors, heirs, or assigns shall be bound by the approved manufactured or mobile home park development plan and the subdivision final plat, including any amendments thereto approved by the City Council as provided in this title.

E.

Manufactured and Mobile Home Park Review and Approval Criteria. In addition to the criteria set forth for conditional use permits (Section 17.09.030) or planned unit developments (Chapter 17.19), the following criteria shall be considered by the Planning Commission and City Council in the review of manufactured and mobile home park development plan applications:

1.

Whether the application is in compliance with the requirements of this chapter;

2.

Whether the proposed park is compatible with the surrounding land uses;

3.

Whether the subject land is suitable for the intended use and is compatible with the natural environment; and

4.

Whether the manufactured or mobile home park is compatible with the City of Fruita's Master Plan and related plans and documents and complies with all provisions of this Title 17.

(Ord. 2004-19; Ord. 2009-02 [17.23]; Ord. 2021-21)

A.

Placement of Manufactured Housing and Mobile Homes. It is unlawful within the City for any person to place or park any manufactured home or mobile home as defined in Chapter 17.57, on any street, alley, highway or other public place, or on any tract of land owned by any person, firm, or corporation, occupied or unoccupied, within the City, except as provided in this chapter and in other chapters of this title.

B.

Recreational Vehicles. Recreational vehicles, travel trailers, and truck campers as defined in Chapter 17.57; and other camping vehicles are not considered manufactured homes or mobile homes and are not allowed in mobile home parks, manufactured home parks, or as permanent year-round dwelling units. Recreational vehicles, travel trailers, truck campers and other camping vehicles are allowed in approved recreational vehicle parks and campgrounds for a limited time period. Recreational vehicles may be stored on residential, commercial or industrially zoned parcels of land in approved parking or recreational vehicle storage areas in conformance with the provisions of this title.

C.

Uncertified Mobile Homes. Mobile homes located within the City on the effective date of this chapter, which have not been certified as conforming to the U.S. Department of Housing and Urban Development's (H.U.D.) 1984 Mobile Home Standards, as amended, are hereby declared legal nonconforming uses, but may not be replaced by another mobile home that is not H.U.D. certified.

(Ord. 1996-08, S1; Ord. 2004-19; Ord. 2009-02 [17.23]; Ord. 2021-21)

A.

Siting Requirements. Manufactured single-family homes, as defined in Chapter 17.28, are allowed as a conditional use in all zones that allow residential land uses. Manufactured homes are also permitted in manufactured home parks and manufactured home subdivisions. All manufactured homes shall comply with the design standards set forth in this chapter. An owner shall provide proof of all required certifications to the Community Development Department prior to the placement of any manufactured home on any parcel of land.

B.

Design and Building Requirements. Every manufactured home installed or located within the City after the effective date of this chapter shall comply with the following standards and requirements:

1.

The manufactured home sections must be partially or entirely manufactured in a factory;

2.

The finished home dimensions must be not less than twenty-four (24) feet in width and thirty-six (36) feet in length, excluding porches;

3.

The manufactured home must be set on an excavated, backfilled, engineered foundation enclosed at the perimeter so that the top of the perimeter wall sits no more than twelve (12) inches above finish grade. The foundation shall be similar in appearance and durability to a masonry foundation of a site-built dwelling. The foundation shall provide an anchoring system for the manufactured home that is totally concealed under the structure;

4.

The finished home must have brick, wood or cosmetically equivalent exterior siding on all exterior walls which provides a consistent, continuous facade from the bottom of the soffit (top of the wall section) downward to the top of the exposed perimeter foundation. The exterior siding of the finished home must have the same appearance as materials commonly used on residential dwellings. Metal siding must be painted or anodized;

5.

The finished home must have a pitched roof with a pitch of at least a nominal three in twelve (3:12). The roof must be covered with shingles, shakes, or tile. Eaves of the roof must extend at least one (1) foot from the intersection of the roof and the exterior walls;

6.

The finished home must have windows that are wood, vinyl coated or anodized aluminum;

7.

The finished home must have color-coordinated body and trim. Colors of both the factory components and the site-built components shall be the same;

8.

The main entrance to the finished home must face or be oriented toward an adjacent street;

9.

The transportation mechanisms including the wheels, axles and hitch must be removed;

10.

No finished home shall be occupied for dwelling purposes unless it is properly placed and connected to water, wastewater, electric and natural gas utilities, as appropriate, in conformance with the City's building codes set forth in Title 15;

11.

All manufactured homes shall be certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. § 5401, et seq., as amended, or shall be certified by the Colorado Division of Housing pursuant to C.R.S. 24-32-701 et seq.; and

12.

All finished homes shall have an enclosed crawl space underneath the finished home and shall not provide a harborage for rodents or create a fire hazard. No enclosed crawl space shall be used for storage unless the storage area is surfaced with concrete. Basements may be used to satisfy this requirement. Adequate access and ventilation shall be provided in accordance with the City's building codes set forth in Title 15 of the Fruita Municipal Code.

(Ord. 2004-19; Ord. 2009-02 [17.23]; Ord. 2021-21)

A.

General Requirements Applicable to Manufactured or Mobile Home Parks.

1.

In order to provide uniform administrative procedures and quality development standards, manufactured and mobile home parks shall conform to all provisions of this title except as such provisions are specifically altered in the approved manufactured or mobile home park development plan.

2.

No development within a manufactured or mobile home park shall occur until a subdivision final plat for the portion to be developed is approved and recorded as provided in Chapter 17.21.

3.

Vesting of property rights for a manufactured or mobile home park development accrue only for that portion of the property granted subdivision final plat approval.

4.

All public utility distribution lines shall be placed underground.

5.

The minimum number of acres which may constitute a manufactured or mobile home park development shall be five (5) acres.

6.

Planning clearances, building and occupancy permits for manufactured or mobile homes in a manufactured or mobile home park development shall comply with the following requirements:

a.

It shall be unlawful to erect, move or place any manufactured or mobile home, or other structure on or onto any site space, lot or tract in a manufactured or mobile home park without first obtaining a planning clearance and a building permit.

b.

No planning clearance for building permit for the installation of a manufactured or mobile home shall be issued unless the manufactured home meets the requirements set forth in this chapter.

B.

Density, Dimensional and Spacing Standards for Manufactured or Mobile Home Parks.

1.

The minimum area for a manufactured or mobile home space shall be four thousand (4,000) square feet.

2.

The minimum lot length shall be eighty (80) feet.

3.

The minimum lot width shall be fifty (50) feet.

4.

The maximum building height shall be thirty-five (35) feet.

5.

The distance between any building or manufactured or mobile home from a property line of the manufactured or mobile home park shall be twenty (20) feet.

6.

The front setback of a manufactured or mobile home shall be fifteen (15) feet from the back of the curb, provided however, that in order to encourage the enclosed storage of parked vehicles, the setback from the back of curb to a garage shall be either five (5) feet or fifteen (15) feet or greater.

7.

Side spacing shall provide for a distance of twenty (20) feet between manufactured or mobile homes.

8.

Rear spacing shall provide for a distance of twenty (20) feet between units when units are side to end, and a distance of ten (10) feet between units when units are end to end.

9.

There shall be a minimum setback of twenty (20) feet between any service facility or park permanent building and a manufactured or mobile home.

10.

Accessory buildings and structures shall be constructed in accordance with the City's building codes adopted in Title 15 of the Fruita Municipal Code. Accessory buildings and structures shall include steps, attached or detached patios that are open on three (3) sides, attached or detached decks that are open on three (3) sides, attached or detached storage units, attached or detached garages, and attached or detached carports. Accessory buildings or structures may be located adjacent to a manufactured or mobile home space line provided, however, that a minimum of six (6) feet of separation is provided between a garage and any other structure on an adjoining space. Any other building or structure shall provide a minimum of ten (10) feet between it and any structure on an adjoining space.

11.

The limits of each manufactured or mobile home space shall be clearly marked on the ground by permanent monuments set pursuant to C.R.S. 38-51-101.

C.

Street Design Standards.

1.

All interior streets in a manufactured or mobile home park shall be privately owned and maintained by the park owner, unless otherwise permitted by the City Council, and shall be a minimum width of twenty-two (22) feet from back of curb to back of curb, including the width of gutter pans.

2.

Primary through streets shall be thirty-four (34) feet from back of curb to back of curb with a four-foot wide detached sidewalk on one side being located six (6) feet from the back of curb.

D.

Parking.

1.

Every manufactured or mobile home space shall have two (2) off-street parking spaces adjacent to the manufactured or mobile home. There shall be one (1) additional parking space for each manufactured or mobile home space within one hundred (100) feet for the use of occupants and guests.

2.

Off-Street Vehicle Parking for Recreation Facilities. Off-street vehicle parking shall be provided for recreation facilities located within a manufactured or mobile home park. One (1) space per two hundred fifty (160) square feet of gross floor area, plus one (1) space per employee at the maximum shift shall be provided for enclosed recreations facilities, or twenty (20) spaces are to be provided for every diamond or athletic field, or one (1) space for every four (4) spectator seats, whichever is greater. (One (1) seat is equal to two (2) feet of bench seating length.) Handicapped parking spaces shall be provided in conformance with the Americans with Disabilities Act, as may be amended from time to time.

E.

Pedestrian Circulation. The developer shall provide for a system of pedestrian circulation within the development. The system shall connect with existing sidewalks if any are adjacent to the property. The system shall be designed to link residential units with recreation facilities, school bus stops and existing sidewalks in the neighborhoods. Detached sidewalks within the manufactured or mobile home park shall be a minimum of four (4) feet in width.

F.

Street and Sidewalk Lighting. All streets and sidewalks shall be lighted in accordance with the City's lighting standards.

G.

Access and Circulation. A manufactured or mobile home park development shall have two (2) means of access to public streets at the perimeter of the site. Internal circulation may be provided by public or private streets, driveways and alleys. Each manufactured or mobile home space shall be provided access to the internal circulation system. No manufactured or mobile home space shall have direct access to a public street on the perimeter of the site.

H.

Sidewalk Between Street and Manufactured or Mobile Home. Concrete sidewalks shall be provided between the manufactured or mobile home and the adjacent street sidewalk; except, the paved parking area may satisfy this requirement provided a sidewalk is provided from the parking area to the manufactured or mobile home.

I.

Traffic Control.

1.

Pursuant to C.R.S. 42-4-1102, the City elects to impose and enforce stop sign regulations, speed limits and parking restrictions posted in accordance with the Manual of Uniform Traffic Control Devices upon all streets which are privately maintained in manufactured or mobile home parks. The owner of the manufactured or mobile home park shall provide such signs as may be required by the City Engineer, and agrees to erect and maintain such signs in conformity with the Model Traffic Code and other applicable regulations.

2.

The stop sign placement, speed limits and parking restrictions shall be determined by the City Engineer, but shall be consistent with the provisions of C.R.S. 42-4-1101 to 42-4-1104 et al., C.R.S. 42-4-1204, and C.R.S. 42-4-1208.

3.

There shall be posted at each entrance to any manufactured or mobile home park a sign giving notice of such enforcement in the following text: "NOTICE: Stop sign, speed limits and parking restrictions enforced by the City."

4.

When all signs are in place, stop sign, speed limits and parking regulations shall be enforced and violations thereof punished in accordance with the provisions of the Model Traffic Code, as adopted by the City.

J.

Utility Design Requirements.

1.

All public utilities shall be installed in accordance with the applicable City standards.

2.

A manufactured or mobile home park may have multiple master meters for water service.

3.

Each manufactured or mobile home space shall have its own meter for water, electrical, and natural gas service.

K.

Manufactured or Mobile Home Space Landscaping. The developer shall provide front and rear manufactured or mobile home space landscaping for each space, including but not limited to, grass, a non-potable irrigation system, and trees and shrubs. The developer shall provide a graphical representation of "typical" manufactured or mobile home space landscaping for each of the manufactured or mobile home designs to be located in the manufactured or mobile home park, for review and approval by the Planning Commission and City Council.

L.

Manufactured or Mobile Home Park Perimeter and Common Space Landscaping. The developer shall landscape the perimeter and common areas of the manufactured or mobile home park in accordance with landscaping plans submitted to the Planning Commission and City Council for review and approval.

M.

Outdoor Living Area.

1.

No less than eight (8) percent of the gross site area shall be reserved for and devoted to improved recreation areas and facilities provided in a location or locations convenient to all manufactured or mobile home spaces.

2.

An outdoor living area shall be provided on each space equal to at least ten (10) percent of its area, provided that in no case shall such area be less than three hundred (300) square feet or required to be more than five hundred (500) square feet. The minimum horizontal dimension of such area shall be not less than fifteen (15) feet.

3.

Such outdoor living area shall be properly drained, located for convenience and optimum use and walled, fenced or landscaped to provide reasonable privacy.

N.

Tenant Storage.

1.

A separate uniform tenant storage structure may be provided for each space, located on each space.

2.

There shall be a minimum of two hundred twenty-four (224) cubic feet of storage area provided for each manufactured or mobile home space.

3.

Design and location of tenant storage shall enhance the appearance of the park and the exterior siding of the structure shall have the same appearance as materials commonly used on residential dwellings.

O.

Street Names, Addressing, Mail Delivery. All proposed street names shall be indicated on the development plan and submitted by the owner for approval. Each space shall be numerically designated for address and mail purposes and signs furnished and installed by the manufactured or mobile home park owner. Cluster postal boxes will be provided at a central location(s) convenient to the residents. No individual street-side mailboxes are permitted unless otherwise approved by the City.

P.

Solid Waste Disposal.

1.

The owner of the manufactured or mobile home park shall be responsible for the promulgation and enforcement of rules and regulations governing solid waste storage and handling that meet or exceed state or federal regulations.

2.

The owner shall provide containers for the storage of solid wastes awaiting collection for each manufactured or mobile home space. Containers are to be sized to completely contain all solid wastes that are generated on the premises. Containers are to be flytight, watertight, and rodent proof and are to be kept off the street, curb, sidewalk and all other public ways, and concealed from public view, except on collection day.

(Ord. 2004-19; Ord. 2009-02 [17.25]; Ord. 2021-21)

A.

Residents Council. A manufactured or mobile home park development shall establish a residents council. This residents council shall be established from residents living within the community and from different sections of the community. The purpose of the residents council shall be to foster communication between residents and park management. The council shall serve as a method for residents of a manufactured or mobile home park development to direct questions and concerns to management and to assist in the social programs of the community. The residents council shall meet with management on a regular basis as established by the council, but no less than quarterly. The meeting shall be noticed and be open to all residents of the park. Members of the residents council shall be subject to popular election by residents of the park.

B.

Single Ownership of a Manufactured or Mobile Home Park Required. A manufactured or mobile home park development may not be converted to another use other than such uses provided for in the approved development plan without the approval of the City and meeting the appropriate lot size, lot width, setback and other requirements for the new use.

1.

The land within a manufactured or mobile home park development shall remain in a unified ownership and the individual ownership of lots or spaces or portions of lots or spaces shall not be transferred.

2.

No dwelling unit other than a manufactured or mobile home shall be located within a manufactured or mobile home park development.

C.

Conformance of Manufactured or Mobile Home Park to State Law. A manufactured or mobile home park and its operation shall conform to the provisions of the Mobile Home Park Act, C.R.S. 38-12-201 et seq., as amended from time to time.

D.

Business License. The owner or operator of a manufactured or mobile home park shall obtain and maintain a business license as provided in Title 5 of the Fruita Municipal Code.

(Ord. 2009-02 [17.25]; Ord. 2021-21)

A.

Manufactured Housing Subdivision Approval Procedure.

1.

Prior to, or simultaneously with the application for a conditional use permit pursuant to Section 17.09.030 or Planned Unit Development approval pursuant to Chapter 17.19, the applicant shall submit a manufactured housing subdivision development plan for the property for review and approval.

2.

Prior to, or simultaneously with the application for development plan approval, the applicant shall submit a subdivision application for the property for review and approval as provided in Chapter 17.21 of this title. Development of a manufactured housing subdivision shall be subject to review and approval through the concept plan, preliminary plan, and final plat process in compliance with all of the standards contained in this title. Public hearings on these matters may be combined or occur separately.

3.

A manufactured housing development shall be subdivided for the purpose of creation of the residential lots, dedication of adjacent public streets, internal public streets and ways, utility and other easements, parks, trails, open space, and other public facilities, and a subdivision final plat shall be recorded as provided in Chapter 17.21 of this title.

4.

Development of a manufactured housing subdivision is permitted only in accordance with a development plan and final plat(s) prepared and approved in accordance with the provisions herein. The owners and their successors, heirs, or assigns shall be bound by the approved development plan and final plat(s), including any amendments thereto, approved by the City Council, as provided herein.

B.

General Requirements Applicable to Manufactured Housing Subdivisions.

1.

In order to provide uniform administrative procedures and quality development standards, manufactured housing subdivisions shall conform to all provisions of this title.

2.

No development within a manufactured housing subdivision shall occur until a subdivision final plat for the portion to be developed is approved and recorded as provided in the City's subdivision regulations.

3.

A portion of the gross site area shall be dedicated to the City for public use as required by Chapter 17.47 or a fee in lieu of land shall be paid. Impact fees as required by Chapter 17.47 shall also be paid.

4.

Vesting of property rights accrue only for that portion of the property granted final subdivision final plat approval.

5.

All public utility distribution lines shall be placed underground.

6.

The minimum number of acres, which may constitute a manufactured housing subdivision, shall be five (5) acres.

7.

Planning clearances, building and occupancy permits for manufactured homes in a manufactured housing subdivision shall comply with the following requirements:

a.

It shall be unlawful to erect, move or place any manufactured home, or other structure on or onto any site, lot or tract in a manufactured housing subdivision without first obtaining a planning clearance and a building permit.

b.

No planning clearance for a building permit for the installation of a manufactured shall be issued unless the manufactured home meets the requirements set forth in this chapter.

8.

All manufactured housing subdivision developers shall establish an association of homeowners for their development. The homeowners association shall establish bylaws governing the association which shall satisfy certain standards including, but not limited to, the following:

a.

Mandatory participation in the homeowners association for the purpose of maintenance of all common areas, buffer areas and vacant lots within the subdivision and to enforce the declaration of restrictive covenants;

b.

Binding effect on all future property owners;

c.

Perpetual existence;

d.

Unaffected by any change in zoning or land use;

e.

Assurance of adequate maintenance;

f.

Enforceable by the City by appropriate legal action; and

g.

If maintenance or preservation of common areas or lots no longer comply with the provisions of the association's declaration, the City may take all necessary action to assure compliance and assess the association all costs incurred by the City for such purpose, including reasonable attorney fees.

(Ord. 2004-19; Ord. 2009-02 [17.25]; Ord. 2021-21)