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Henderson City Zoning Code

ARTICLE XVI

R-MH, MANUFACTURED HOME DISTRICT16


Footnotes:
--- (16) ---

Editor's note— Ord. No. 23-14, Exh. A, adopted July 8, 2014, amended art. XVI in its entirety to read as herein set out. Former art. XVI, §§ 16.01—16.10 pertained to similar subject matter, and derived from Ord. No. 12-83, adopted June 28, 1983; Ord. No. 18-91, § 1, adopted May 14, 1991; Ord. No. 49-94, adopted Sept. 13, 1994; Ord. No. 57-95, adopted Dec. 26, 1995; Ord. No. 3-96, adopted Feb. 13, 1996; Ord. No. 07-98, § 2, adopted Feb. 10, 1998; Ord. No. 11-02, adopted May 13, 2002; and Ord. No. 06-03, adopted April 8, 2003.


Sec. 16.01.- Statement of purpose.

These districts are composed of areas containing manufactured home dwelling sites arranged on a large tract and designed to accommodate manufactured homes for more or less permanent duration, as well as other compatible uses which provide related services. Such areas shall be well suited for residential purposes; commercial and office uses other than those incidental to the principal use are prohibited. These districts encourage a suitable living environment for family life by including among the permitted uses such facilities as schools and churches and preserve the openness of the areas by requiring that certain minimum yard and area standards be met.

(Ord. No. 23-14, Exh. A, 7-8-14)

Sec. 16.02. - Permitted uses.

In all R-MH districts, no building or land, except as otherwise provided in this ordinance, shall be erected or used except for the following specified uses:

(a)

Class A, B manufactured homes. No class C or D will be permitted.

(b)

Manufactured home parks.

(c)

Accessory uses.

(d)

Private swimming pools.

(e)

A single-family dwelling is permitted when used by a park manager or park maintenance personnel; it must meet minimum yard requirements of the R-1 district.

(f)

Residential care facilities.

(g)

Shipping container homes.

(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 01-24, Exh. B, 1-23-24)

Sec. 16.03. - Conditional uses.

(a)

Nonprofit public or private facilities such as schools, churches, parks, and recreational facilities.

(b)

Home occupations as defined in subsection 4.38(c) of this ordinance.

(c)

Family child-care home, with the following limitations:

1.

There shall be a maximum of ten (10) children allowed in the home of which no more than six (6) shall be unrelated to the care provider. No more than four (4) children under twelve (12) months of age nor more than six (6) children under six (6) years of age, including the provider's own or related children, shall be kept in the home.

2.

No person may be employed that is not a resident of the premises.

3.

Otherwise fully complies with the provisions of a home occupation as provided in Section 2.01 of this Code.

(d)

Recreational vehicle communities, as defined in article II-Definitions, section 2.01-Definitions, with the following limitations:

l.

It shall be unlawful within the city limits of Henderson for any person to construct a recreational vehicle community without securing a permit from the Kentucky Cabinet for Health and Family Services ("cabinet") by application through the "cabinet," or its designated agency. All recreational vehicle communities shall have all lots numbered and posted in a manner easily identifiable by emergency personnel.

2.

No recreational vehicle community shall be operated within the city limits of Henderson, except as provided in KRS 219.310—219.410, and 902 KAR 15:020 and in accordance with the provisions of all zoning regulations.

3.

Review of plans for a recreational vehicle community shall be conducted by the "cabinet," or its designated agency, and by the appropriate planning and zoning staff and committees.

4.

All plans for a recreational vehicle community shall receive final approval from the planning commission and shall be subject to all planning commission regulations including but not limited to bonding requirements.

5.

All recreational vehicle communities shall have permanent paved roads meeting the applicable width and design requirements of the Henderson city-county subdivision regulations.

6.

There shall be no permanent structures placed on a recreational vehicle space.

7.

Recreational vehicle communities shall not be contained within manufactured housing parks unless constructed as a separate approved and permitted section.

8.

Recreational vehicles shall not remain in the same recreational vehicle space for longer than thirty (30) days.

9.

All recreational vehicle communities allowing placement of any recreational vehicle not equipped with a water-flushed toilet, lavatory, shower or bath system shall provide permanent onsite restroom, lavatory and shower facilities.

(Ord. No. 23-14, Exh. A, 7-8-14; Ord. No. 09-22, Exh. B, 4-26-22)

Sec. 16.04. - Building site area.

(a)

Building site area: The minimum building site area shall be:

• For a manufactured home park five (5) acres.

• For any other permitted use, fifteen thousand (15,000) square feet.

(b)

Building site width: The minimum lot width at the building setback line shall be:

• For a manufactured home dwelling, forty (40) feet.

• For any other permitted use, one hundred (100) feet.

(c)

Building site coverage: The maximum building site coverage by all buildings shall be thirty-five (35) percent.

(d)

Building height limit: No structure shall exceed thirty (30) feet in height.

(Ord. No. 23-14, Exh. A, 7-8-14)

Sec. 16.05. - Setback requirements.

(a)

For a manufactured home park: No manufactured home unit or other structure shall be located within twenty-five (25) feet of a manufactured home park boundary line or public right-of-way line.

(b)

Manufactured home unit or accessory structure within a manufactured home park:

• Front yard, twenty (20) feet.

• Side yard, ten (10) feet.

• Rear yard, twenty (20) feet.

(c)

Accessory structure within a manufactured home park:

• Side yard, three (3) feet.

• Rear yard, twelve (12) feet.

(Ord. No. 23-14, Exh. A, 7-8-14)

Sec. 16.06. - General requirements.

(a)

Sanitation, fire protection, and utility services shall be provided to every dwelling, manufactured home lot and dwelling, and manufactured home stand in accordance with state and local health and safety regulations.

(b)

Every dwelling, manufactured home shall be equipped with foundations and tie-downs intended to secure such units against movement, settling and overturning for the protection of life and property. Said foundation shall consist of a concrete slab, concrete ribbons or concrete piers. The proposed method of support and tie-downs shall meet the minimum standards set for manufacturers and shall be approved by the codes administrator prior to a building permit being issued. Failure to properly construct the support shall be cause for revocation of the building permit until such time that the concrete foundation passes inspection. No final inspection shall be performed until tie-downs and underpinnings have been installed.

(Ord. No. 23-14, Exh. A, 7-8-14)

Sec. 16.07. - Manufactured home park requirements.

(a)

Procedure. In applying for a rezoning for a manufactured home park the applicant shall submit his plans to the Henderson City-County Planning Commission in a manner conforming with the procedures for major subdivision plats as outlined in the subdivision regulations for Henderson County. Manufactured home parks shall be in conformance with the same procedural requirements and design criteria as provided for in the subdivision regulations for Henderson County, Kentucky, including those requirements set forth in this section. The plan submitted to the planning commission shall contain the following:

(1)

The area and dimensions of the tract of land being developed.

(2)

The number, location and size of all manufactured home lots.

(3)

The area within each manufactured home lot intended for the location of a manufactured home dwelling.

(4)

A detailed drawing of the foundation for the placement of the manufactured home stand on each manufactured home lot.

(5)

The location and width of roadways, driveways and walkways.

(6)

The number, location and size of all off-street automobile parking spaces.

(7)

The location of park street lighting and electrical systems.

(8)

A detailed drawing of the sewage disposal facilities, including specifications of the sewage plant.

(9)

A detailed drawing of the refuse storage facilities.

(10)

The location and size of water and sewer lines, vents and riser pipes.

(11)

The size and location of playground area within the park.

(b)

Area requirements. No manufactured home park shall be permitted on an area of less than five (5) acres in size although the developer may be permitted to develop the park in stages or sections if he complies with an overall approved plan for the entire tract. Any variation to the overall development must be resubmitted to the planning commission for approval.

(c)

Lot requirements. Individual lots within a manufactured home park shall not be less than five thousand one hundred twenty (5,120) square feet in area and in no instance shall there be more than one manufactured home permitted on a single lot. The minimum lot dimensions shall be forty (40) feet by one hundred twenty-eight (128) feet.

(d)

Buffer. A screening of evergreen trees and/or shrubs not less than six (6) feet in height after one (1) full growing season and which at maturity is not less than twelve (12) feet high, shall be located and effectively maintained at all times along all park boundary lines except at established entrances and exits serving the park. Each manufactured home shall be located at least ten (10) feet from the buffer.

(e)

Spacing. No manufactured home shall be located closer than twenty (20) feet to any building within the park, other than an accessory building.

(f)

Off-street parking. Each manufactured home shall be provided with two (2) off-street parking spaces.

(g)

Streets. Streets within a manufactured home park may be defined as either public or private rights-of-way subject to the following conditions:

(1)

That if said streets are defined as private rights-of-way on the plat, the developer shall agree to effectively maintain such streets and rights-of-way. Said agreement shall be recorded along with the recorded plat of the manufactured home park, and be enforced by the planning commission.

(2)

Construction standards for all streets shall meet the specifications and approval of the subdivision regulations. Minimum paving widths for streets shall be:

a.

Two-way street with guest parking permitted on both sides: thirty-six (36) feet.

b.

Two-way street with guest parking permitted on one (1) side only: twenty-seven (27) feet.

c.

One-way street with guest parking permitted on both sides: thirty-two (32) feet.

d.

The manufactured home park entrance shall be thirty-six (36) feet wide with no parking permitted.

(h)

Underpinning. All manufactured homes shall be underpinned in a safe, attractive manner.

(i)

Recreational facilities. Not less than eight (8) percent of the gross site area of the manufactured home park shall be devoted to recreational facilities generally provided for in a central location. Recreation areas may include space for community buildings and community use facilities, such as indoor recreation areas, swimming pools, park office and service buildings, and self-service laundry facilities to serve the park residents.

(j)

Utilities. All manufactured home lots within the manufactured home park shall be provided with water, sewer or approved septic disposal system, fire protection devices and electrical facilities meeting the standards specified by the county health department, the ordinances of the city, and the laws of the Commonwealth of Kentucky, and each manufactured home shall be properly connected with said utilities. All utilities shall be installed underground.

(k)

Manufactured home support. Each manufactured home site shall be provided with a stand consisting of either a solid concrete slab or two (2) concrete ribbons of a thickness of size adequate to support the maximum anticipated loads during all seasons.

(l)

Lighting of the park. All exterior park lights shall be so located and shielded as to prevent direct illumination of any areas outside the park.

(m)

Convenience facilities. Coin-operated laundries may be permitted in the park provided they are located, designed, and intended to serve only the needs of persons living in the park.

(n)

Accessory structures. Each manufactured home shall provide an accessory structure of a minimum forty-eight (48) square feet of outside storage which shall be placed a minimum of ten (10) feet from the manufactured home.

(Ord. No. 23-14, Exh. A, 7-8-14)

Sec. 16.08. - Special conditions.

The planning commission may attach reasonable special conditions to its approval of a manufactured home park and may direct the administrative official to issue a building permit only when such conditions have been complied with.

(Ord. No. 23-14, Exh. A, 7-8-14)

Sec. 16.09. - Enforcement.

The administrative official shall ensure that all manufactured home parks maintain valid permits to operate and maintain in conformance with all applicable requirements of the zoning regulations and all special conditions.

(Ord. No. 23-14, Exh. A, 7-8-14)

Sec. 16.10. - Nonconforming manufactured home parks.

The lawful use of a manufactured home park existing at the time of passage of this regulation may be continued, although such use may not conform to the provisions of this chapter [article]. The continuance of a nonconforming manufactured home or manufactured home park shall be subject to the nonconforming provisions of this chapter [ordinance] with the exception that a nonconforming manufactured home park may not be enlarged or expanded unless such enlargement or expansion shall meet the regulations set forth in this section.

(Ord. No. 23-14, Exh. A, 7-8-14)