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Gibraltar City Zoning Code

ARTICLE XV

MHP MANUFACTURED HOUSING PARK DISTRICT

Sec. 44-506.- Intent.

The MHP Manufactured Housing Park District is intended to provide for the location and regulation of manufactured housing parks. It is intended that manufactured housing parks be provided with necessary community services in a setting that provides a high quality of life for residents. These districts should be located in areas where they will be compatible with adjacent land uses.

(Ord. No. 23LLL, § 2(28-276), 8-27-2001)

Sec. 44-507. - Law; rules; higher standard.

Regulations established by state law (Michigan Public Act 96 of 1987, as amended) and the manufactured housing commission rules govern all manufactured housing parks in the city. When regulations in this section exceed the state law or the manufactured housing commission rules, the higher standards of this section are intended to insure that manufactured housing parks meet the development and site plan standards established by this section for other comparable residential development and to promote the health, safety and welfare of the city's residents. The higher standards incorporated herein have been approved by the manufactured housing commission in accordance with applicable state law. All manufactured housing parks must comply with the standards set forth in this section and those of the manufactured housing commission, both as now existing or hereinafter amended.

(Ord. No. 23LLL, § 2(28-277.1), 8-27-2001)

Sec. 44-508. - Permitted uses.

In all areas zoned MHP, no building shall be erected, used, or structurally altered, nor shall the land or premises be used in whole or in part, except for one or more of the following principal uses:

(1)

Manufactured housing parks after site plan review and approval as specified in these provisions.

(2)

Private swimming pools and swimming pool clubs.

(3)

Private noncommercial recreational facilities, such as a neighborhood center, a nonprofit swimming pool club, or similar facility.

(4)

Essential services, subject to the other related definition and use provisions of this section.

(5)

Uses and structures accessory to the subsections (1) though (4) of this section, subject to the provisions in this article. Permitted accessory uses and structures include, but are not necessary limited to parks, open space, and recreation facilities for the use of residents and their guests; community centers; one office building for the exclusive purpose of manufactured housing park business; utility and storage buildings for use of residents; garages and carports; and signs.

(Ord. No. 23LLL, § 2(28-277.2), 8-27-2001)

Sec. 44-509. - Permitted uses after special approval.

The following uses may be permitted in the MHP district, subject to review and approval by the city planning commission in accordance with the special use approval procedures established in section 44-843.

(1)

Public, parochial and other private elementary, intermediate, or high schools licensed by the state to offer courses in general education.

(2)

Religious institutions including churches, synagogues, and temples.

(3)

Bed and breakfast establishments.

(4)

Public or private colleges, universities and other such institutions of higher learning, offering courses in general, technical or religious education.

(5)

Cemeteries.

(6)

Group day care homes and child care centers.

(7)

Municipal buildings and uses which do not require outside storage of materials or equipment.

(8)

Public or private golf courses, including country clubs.

(Ord. No. 23LLL, § 2(28-277.3), 8-27-2001)

Sec. 44-510. - Development standards.

(a)

Site plan review. Pursuant to section 11 of Michigan Public Act 96 of 1987, as amended, preliminary plans shall be submitted to the city for review by the planning commission. The preliminary plans, prepared in accordance with shall include the location, layout, general design, and general description of the project. The preliminary plan shall not include detailed construction plans.

(b)

Procedure. In preparing the preliminary plan and when reviewing the plan, the following procedures and requirements shall apply, except where said procedures and requirements are superseded by requirements in Public Act 96 of 1987, as amended, or the Manufactured Housing Commission Rules.

(1)

Application filing. Any person requesting any action or review under the provisions of this article shall file an application on the forms provided by the city. The information required shall be typed or legibly written on the form or on separate sheets attached to the form. Not less than 12 copies of the preliminary plan shall accompany the form.

(2)

Processing and review. Applications accepted by the city shall be submitted to appropriate city staff and consultants for their written reviews and recommendations. The application shall be submitted along with all recommendations to the planning commission. Official receipt of the application is the time the complete plan arrives or is delivered to the city hall. The staff may advise and assist the applicant in meeting article requirements but shall have no power to approve or disapprove any application or in any way restrict an applicant's right to seek formal approval thereof.

(3)

Planning commission action. The planning commission shall review all applications at a public meeting. The planning commission may consider all recommendations of the city staff and consultants. Pursuant to section 11 of Public Act 96 of 1987, as amended, the planning commission shall take action on the preliminary plan within 60 days after the city officially receives the plan. All applications that the planning commission has been charged with the authority to approve under the provisions of this article shall be approved, denied, or approved subject to conditions. The planning commission may table an application for further study or to obtain additional information, provided that final action is taken within the 60 day review period.

(4)

Filing fees. All applications shall be accompanied by a filing fee to cover the cost of processing and reviewing the application. The fee shall be established by resolution of the city council, in accordance with section 24 of Public Act 184 of 1943, as amended. The filing fee and deposit shall be paid before the approval process begins. Upon notification of deficient payment of fees, administrative officials charged with enforcement of the article shall suspend further review of the application and shall deny any new permits.

a.

Any deposit toward the cost of review shall be credited against the expense to the city. Any portion of the deposit not needed to pay such expense shall be refunded without interest to the applicant within 30 days of final action on the application.

b.

A schedule of the current filing fees and deposit requirements is available in the office of the city clerk and the building department.

(5)

Disclosure of interest. The full name, address, telephone number, and signature of the applicant shall be provided on the application. If the application involves real property in the city the applicant must be the fee owner, or have identified legal interest in the property, or be an authorized agent of the fee owner. A change in ownership after the application is filed shall be disclosed prior to any public hearing or the final decision on the application.

a.

Required disclosure when applicant is not fee owner. If the applicant is not the fee owner, the application should indicate interest of the applicant in the property, and the name and telephone number of all fee owners. An affidavit of the fee owner shall be filed with the application stating that the applicant has authority from the owner to make the application.

b.

Required disclosure when applicant is a corporation or partnership. If the applicant or fee owner is a corporation, the names and addresses of the corporation officers and registered agent shall be provided, and if a partnership, the names and addresses of the partners shall be provided.

c.

Required disclosure when applicant or owner is a land trust. If the applicant or fee owner is a trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary must be provided.

(6)

Records. The city shall keep accurate records of all decisions on all applications submitted pursuant to this article.

(c)

Minimum requirements. Manufactured housing parks shall be subject to all the rules and requirements as established and regulated by state law including, by way of example, Act 96 of 1987, as amended, and the Manufactured Housing Commission Rules and, in addition, shall satisfy the following minimum requirements:

(1)

Parcel size for overall park. The minimum parcel size for manufactured housing parks shall be 15 acres.

(2)

Minimum site size. Manufactured housing parks shall be developed with an average site size of 5,500 square feet. Individual sites may be reduced to as small as 4,400 square feet, provided that for every square foot of land gained through such reduction, at least an equal amount of land shall be dedicated as open space for the collective use and enjoyment of all manufactured housing park residents. This open space shall be in addition to the open space required under the Manufactured Housing Commission Rules in effect at the time the proposal is submitted.

(3)

Setbacks. Manufactured housing dwellings shall comply with the following minimum distances and setbacks:

a.

Ten feet from any on-site parking space of an adjacent manufactured housing site.

b.

Ten feet from any attached or detached accessory structure of an adjacent manufactured housing dwelling.

c.

Fifty feet from any permanent building.

d.

One hundred feet from any baseball, softball or similar recreational field.

e.

Ten feet from the edge of an internal road, provided that such road is not dedicated to the public. Manufactured housing dwellings and other structures in the MHP district shall be set back at least 20 feet from the right-of-way line of a dedicated public road within the manufactured housing park.

f.

Seven feet from any parking bay off a home site.

g.

Seven feet from a common sidewalk.

h.

All manufactured housing dwellings, accessory buildings and parking shall be set back not less than 20 feet from any manufactured housing park boundary line, except that a minimum setback of 50 feet shall be provided from existing and future right-of-way lines of abutting streets and highways.

i.

Fifty feet from the edge of any railroad right-of-way.

(4)

Maximum height. Buildings in the MHP district shall not exceed two stories or 30 feet in height, with height of building as defined in this chapter. Storage sheds shall not exceed the height of the manufactured housing dwelling.

(5)

Roads. Roads shall satisfy the minimum dimensional, design, and construction requirements in the manufactured housing commission rules except as follows:

a.

The main entrance to the park shall have access to a public thoroughfare or shall be connected to a paved public collector or arterial road by a permanent easement which shall be recorded by the developers. Sole access to the park via an alley is prohibited.

b.

All roads shall be hard-surfaced and may be constructed with curbs and gutters.

c.

In order to assure a clear vision zone is provided at an intersection with a county road and to assure that all construction in a public road right-of-way is performed in accordance with adopted county standards, entryway details, including road section specifications, stormwater drainage, landscaping and signage shall be subject to the review and approval of the Wayne County agencies. Additionally, all public road improvements proposed as part of the manufactured housing park design shall be built to the standards of the public authority that will own and maintain the road.

d.

Entranceway structures, including but not limited to, walls, columns and gates marking the entrance to a manufactured housing park, may be permitted, and may be located in a required yard, except as provided in this section. Such entranceway structures shall be designed to maintain a clear vision zone and to permit unobstructed access by all emergency equipment and shall comply with all codes and ordinances of the city and county. Sight distance shall be approved by the county department of public services. The structure shall also be approved by the city building department.

(6)

Parking. Parking shall satisfy the following requirements:

a.

All manufactured housing sites shall be provided with two parking spaces per manufactured housing commission rules.

b.

In addition, a minimum of one parking space for every three manufactured housing sites shall be provided for visitor parking located convenient to the area served. Visitor parking spaces shall be counted and designated separately from all other parking spaces including those spaces required for employees and any community facility.

c.

No unlicensed or inoperable vehicle of any type shall be parked in this district at any time except within a covered building.

d.

Common areas for the storage of boats, motorcycles, recreation vehicles, and similar equipment may be provided in a manufactured housing park, but shall be limited to use only by residents of the manufactured housing park. If proposed, the location of such storage areas shall be shown on the preliminary site plan. No part of any such storage area shall be located in any required yard on the perimeter of the manufactured housing park. Such storage area shall be screened from view from adjacent residential properties with an opaque six foot wooden fence, six foot masonry wall with landscaping, or landscaped greenbelt. If a landscaped greenbelt is used, it shall consist of closely-spaced evergreen plantings (that is, no more than 15 feet apart) which can be reasonably expected to form a complete visual barrier that is at least six feet above ground level within two years of planting. Park owners who prohibit storage of boats, motorcycles, recreation vehicles and similar equipment are not required to construct common areas for storage and parking.

(7)

Sidewalks. Sidewalks shall satisfy the following requirements a five foot wide concrete sidewalk shall be constructed along the public roads on which the manufactured housing park fronts. Such sidewalk shall be located within the road right-of-way or easement, beginning one foot inside the right-of-way or easement line.

(8)

Accessory buildings and facilities.

a.

Accessory buildings and structures, including park management offices and public works facilities, storage buildings, laundry facilities, recreation or community facilities, and other accessory facilities, shall be designed and operated for use by residents of the park only.

b.

Site-built buildings within a manufactured housing park shall be constructed in compliance with the city building codes and shall require all applicable permits. Any addition to a manufactured housing dwelling that is not certified as meeting the standards of the U.S. Department of Housing and Urban Development for manufactured housing shall comply with the city building codes. Site plan approval shall be required prior to construction of any on-site building within a manufactured housing park, except for storage sheds or garages for individual manufactured houses; storage sheds and garages require a building permit.

c.

No personal property, unless otherwise specified in this article, including tires, shall be stored outside or under any manufactured home, or within carports which are open only on one side. Bicycles, motorcycles and similar modes of transportation may be parked in carports.

d.

Storage sheds need not be supplied by the owner of the manufactured housing park. A storage shed shall not exceed a floor area greater than 144 square feet, may be placed upon any individual home site for the storage of personal property. The installation of any such shed or garage shall comply with codes and regulations of the city and shall require a building permit.

e.

A carport shall not exceed 576 square feet in area.

(9)

Open space. Open space shall be provided in any manufactured housing park containing 50 or more manufactured housing sites. The open space shall comply with the following requirements:

a.

A minimum of two percent of the park's gross acreage shall be dedicated to well drained, usable open space, provided that a minimum of 25,000 square feet of contiguous open space shall be provided.

b.

Open space shall be located conveniently in relation to the majority of dwelling units intended to be served. Up to 25 percent of the required open space may consist of swamp areas, marshy areas, and similar limited use areas.

(10)

Landscaping. A landscape plan shall be incorporated in the preliminary plans submitted for site plan review to the city planning commission. The landscape plan shall indicate the type and size of landscape planting improvements to be completed in the proposed manufactured housing park. The landscape plan shall be drawn to the same scale used for preparation of the site plan.

a.

Perimeter screening. All manufactured housing parks shall be screened from existing adjacent residential land use by either a six foot wall or a densely planted landscaped greenbelt.

1.

If provided, screen walls shall be constructed of masonry material that is constructed of face brick, decorative block, or poured concrete with a simulated brick or stone pattern. Required walls shall be placed inside and adjacent to the lot line except where underground utilities would interfere with the placement of the wall or where the wall would unreasonably obstruct the use of adjacent property, in which case the wall may be set back from the property line a sufficient distance to resolve such concerns.

2.

If a landscaped greenbelt is used, it shall consist of closely-spaced evergreen plantings, which shall be a minimum of three feet in height at the time of planting, and which shall be planted so as to form a complete visual barrier at maturity. Deciduous plant materials may be used provided that visual screening is maintained throughout the year.

b.

Landscaping adjacent to road. A landscaped berm measuring 2.5 to three feet in height shall be constructed along the public roads on which the manufactured housing park fronts. The berm shall be constructed with slopes no steeper than one foot vertical for each three feet horizontal. The berm shall be landscaped with trees and shrubs in a manner consistent with landscaping required for other development in city.

c.

Site landscaping. A minimum of one deciduous or evergreen tree shall be planted per two manufactured housing sites.

d.

Parking lot landscaping. Off-street parking lots containing more than 15 spaces shall be provided with at least ten square feet of interior parking lot landscaping per space. Such areas shall measure at least 150 square feet and shall be covered by grass, ground cover, shrubs or other live plant material. At least one deciduous tree shall be planted per parking lot landscaped area. This requirement is consistent with other developments within the city.

e.

Signs. Signs shall be permitted in accordance with the following regulations and other safety provisions of this article. In particular, no sign shall be permitted to be placed in the clear vision zone as described in this article.

f.

Manufactured housing park. Each manufactured housing park shall be permitted either:

1.

Two signs, each of which shall not exceed five feet in height and 16 square feet in area and shall be set back a minimum of ten feet from any property or right-of-way line, or

2.

One sign which shall not exceed five feet in height and 32 square feet in area and shall be set back a minimum of ten feet from any property or right-of-way line.

g.

Management offices and community building. Management offices and community buildings in a manufactured housing park shall be permitted one identification sign not to exceed six square feet in area.

(11)

Trash receptacles. If proposed, trash receptacles shall comply with the following requirements:

a.

Receptacles shall be set back a minimum distance of 50 feet from the perimeter of the manufactured housing park and at least 15 feet from any building, in a location that is clearly accessible to the servicing vehicle.

b.

Receptacles shall be screened on three sides with a decorative masonry wall or wood fencing, not less than six feet in height. The fourth side of the receptacle screening shall be equipped with an opaque lockable gate that is the same height as the enclosure around the other three sides.

c.

Receptacles shall be placed on a concrete pad which shall extend six feet in front of the receptacle enclosure. Bollards (concrete filled metal posts) shall be installed at the opening of the receptacle enclosure to prevent damage to the screening wall or fence.

(12)

Canopies and awnings. Canopies and awnings may be attached to any manufactured housing dwelling and may be enclosed for use as a sun room or recreation room, but not as a bedroom. Canopies and awnings shall comply with the setback and distance requirements set forth in this article and shall require a building permit.

(13)

Travel trailer/recreational vehicles. Travel trailers, recreational vehicles or those similar in nature, shall not be occupied as a permanent living quarter in a manufactured housing park.

(14)

Towing mechanisms. Towing mechanisms shall be removed from all manufactured housing dwellings at the time of installation and stored so as to not be visible from the exterior of the community. Towing mechanisms, including axles, may, however, be stored under manufactured housing dwellings within the community.

(15)

Skirting. All manufactured housing dwellings must be skirted within 90 days of installation and must meet the design and installation requirements as stated in Manufactured Housing Commission Rule 604, as amended.

(16)

Water and sanitary sewer service. All manufactured housing parks shall be served by approved central water and sewage systems, which shall meet the requirements of the Michigan Department of Environmental Quality. The plumbing connections to each manufactured housing park site shall be constructed so that all lines are protected from freezing, accidental bumping, or from creating any nuisance or health hazard.

(17)

Storm drainage. The manufactured home park shall be equipped with storm drainage facilities so as to dispose of all storm drainage surface water in such a way as to prevent the drainage of water onto adjacent property or toward buildings. All stormwater drainage improvements shall be subject to the review and approval by the state department of environmental quality (MDEQ) in accordance with the MDEQ Manufactured Home Park Standards.

(18)

Telephone and electric service. All electric, telephone, cable TV, and other lines within the park shall be underground.

(d)

Operational requirements.

(1)

Permit. It shall be unlawful for any person to operate a manufactured housing park unless that individual obtains a license for such operation in compliance with the requirements of Michigan Public Act No. 96 of 1987, as amended. The building official shall communicate his recommendations regarding the issuance of such licenses to the Director of the Manufactured Housing and Land Development Division, Michigan Department of Consumer and Industry Services. Additionally, no manufactured housing dwelling shall be placed on a site in an approved manufactured housing park until a building permit has been obtained to approve the manufactured housing dwelling setup on the lot.

(2)

Violations. Whenever, upon inspection of any manufactured housing park, the building official finds that conditions or practices exist which violate provisions of this article or other regulations referenced herein, the building official shall give notice in writing by certified mail to the Director of Michigan Manufactured Housing and Land Development Division, Department of Consumer and Industry Services, including the specific nature of the alleged violations and a description of possible remedial action necessary to effect compliance with the article or other regulations. The notification shall include such other information as is appropriate in order to fully describe the violations and potential hazards to the public health, safety and welfare resulting from the violation. A copy of such notification shall be sent by certified mail to the last known address of the park owner or agent.

(3)

Inspections. The building official or other authorized city agent is granted the authority, as specified in Michigan Public Act No. 96 of 1987, as amended, to enter upon the premises of any manufactured housing park for the purpose of determining compliance with the provisions of this article or other regulations referenced herein. No manufactured housing dwelling shall be occupied until a certificate of occupancy for that dwelling is obtained from the building official.

(4)

License. A manufactured housing park shall not be operated until a license has been issued by the Michigan Manufactured Housing and Land Development Division, Department of Consumer and Industry Services. Buildings constructed on-site, such as a management office or clubhouse, shall require a city building permit prior to construction and a certificate of occupancy prior to use.

(e)

Sale of manufactured housing. The business of selling new or used manufactured housing as a commercial operation shall not be permitted after complete occupancy of a new or expanded manufactured housing park has been achieved. Thereafter, new or used manufactured housing dwellings located on sites within the manufactured housing park to be used and occupied on that site may be sold by a licensed dealer or broker. This section shall not prohibit the sale of a used manufactured housing dwelling by a resident of the manufactured housing park provided the park's regulations permit such sale.

(f)

School bus stops. School bus stops shall be located in an area that is acceptable to the school district and the manufactured housing park developer.

(g)

Mailbox clusters. The United States Postal Service may require that manufactured housing parks be served by clusters of mailboxes serving several sites rather than individual mailboxes serving individual sites. If mailbox clusters are required, they shall be located at least 200 feet from any intersection of a manufactured housing park road with a public road.

(Ord. No. 23LLL, § 2(28-277.4), 8-27-2001)