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Lyon Charter Township
City Zoning Code

ARTICLE 28

00 - MHP MOBILE HOME PARK DISTRICT

Section 28.01.- Statement of purpose.

A.

The mobile home park district is intended to provide for the location and regulation of mobile home parks. It is intended that mobile home 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.

B.

The regulations established by state law (Michigan Public Act 96 of 1987, as amended) and the Michigan Mobile Home Commission Rules govern all mobile home parks. When regulations in this article exceed the state law or the Michigan Mobile Home Commission Rules they are intended to insure that mobile home parks meet the development and site plan standards established by this Ordinance for other comparable residential development and to promote the health, safety and welfare of the township's residents.

Section 28.02. - Permitted uses and structures.

A.

Principal uses and structures. In all areas zoned MHP mobile home park district, 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.

Mobile home parks.

2.

State licensed or regulated residential care facilities that provide care for up to six individuals.

3.

Essential services, subject to the provisions in section 12.14.

4.

Uses and structures accessory to the above, 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; one office building for the exclusive purpose of mobile home park business; utility and storage buildings for use of residents; garages and carports; and, signs.

B.

Special land uses.

1.

Mini-warehouses and related ancillary uses, such as truck rentals, shall be subject to the requirements in subsection 19.02.T.

2.

Outside storage of recreational vehicles (RVs), subject to the following requirements:

a.

Outside storage of RVs shall be paved and properly drained in accordance with township engineering standards.

b.

Outside storage of RVs shall be completely enclosed by a security fence. Barbed wire and razor wire are not permitted.

c.

Exterior lighting shall comply with the requirements in section 12.11 of the Zoning Ordinance.

d.

Outside storage areas for RVs shall be shown on a site plan, which shall be subject to special land use review and approval. The site plan shall illustrate the following information, at minimum:

(1)

The exact boundaries of the proposed outside storage.

(2)

Surfacing and drainage details.

(3)

Lighting details, including a photometric plan.

(4)

Layout of outside storage areas, including access and maneuvering areas. The plan shall demonstrate how clear access throughout the storage area will be maintained for emergency vehicles.

(Ord. No. 05-14, pt. 2, 5-5-2014)

Section 28.03. - Development standards.

A.

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

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 Michigan Mobile Home Commission Rules:

1.

Application filing. Any person requesting any action or review under the provisions of this Ordinance shall file an application on the forms provided by the township. The information required shall be typed or legibly written on the form or on separate sheets attached to the form.

2.

Optional pre-filing conference. Applicants may request to meet with township staff, including any consultants designated by the township board, to preliminarily review applications prior to filing. Such pre-filing conferences are intended to assist the applicant and facilitate the future review and approval of the application. However, no suggestions, recommendations, or other comments made by township officials, staff or consultants at such conferences shall constitute approval of any application.

3.

Processing and review.

a.

Applications accepted by the township shall be submitted to appropriate township 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 township hall.

b.

The staff and consultants may advise and assist the applicant in meeting ordinance 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.

4.

Planning commission action. The planning commission shall review all applications at a public meeting. The planning commission shall consider all recommendations of the 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 township officially receives the plan. All applications that the planning commission has been charged with the authority to approve under the provisions of this Ordinance 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.

5.

Filing fees.

a.

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 township board, in accordance with Section 406 of Public Act 110 of 2006, 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 ordinance shall suspend further review of the application and shall deny any new permits.

b.

Any deposit toward the cost of review shall be credited against the expense to the township. 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.

c.

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

6.

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 township 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 name 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.

7.

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

B.

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

1.

Parcel size for overall park. The minimum parcel size for mobile home parks shall be 15 acres.

2.

Minimum site size. Mobile home 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 mobile home park residents. This open space shall be in addition to the open space required under the Michigan Mobile Home Commission Rules in effect at the time the proposal is submitted.

3.

Setbacks. Mobile homes shall comply with the following minimum distances and setbacks:

a.

Twenty feet from any part of an adjacent mobile home that is used for living purposes.

b.

Ten feet from any on-site parking space of an adjacent mobile home site.

c.

Ten feet from any attached or detached accessory structure of an adjacent mobile home.

d.

Fifty feet from any permanent building.

e.

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

f.

Ten feet from the edge of an internal road, provided that such road is not dedicated to the public. Mobile homes 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 mobile home park.

g.

Seven feet from any parking bay.

h.

Seven feet from a common sidewalk.

i.

All mobile homes, accessory buildings and parking shall be set back not less than 20 feet from any mobile home 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.

j.

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 25 feet; storage sheds shall not exceed the height of the mobile home.

5.

Roads. Roads shall satisfy the minimum dimensional, design, and construction requirements in the Michigan Mobile Home 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.

d.

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

6.

Parking.

a.

All mobile home sites shall be provided with two parking spaces per Michigan Mobile Home Commission Rules.

b.

In addition, a minimum of one parking space for every three mobile home sites shall be provided for visitor parking located convenient to the area served.

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 mobile home park, but shall be limited to use only by residents of the mobile home 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 mobile home 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 (i.e., no farther 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. Concrete sidewalks having a minimum width of three feet shall be provided on at least one side of collector roads in the mobile home park. In addition, a five-foot wide concrete sidewalk shall be constructed along the public road(s) on which the mobile home park fronts. Such sidewalk shall be located within the road right-of-way, one foot off of the right-of-way 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 mobile home park shall be constructed in compliance with the Lyon Township Building Codes and shall require all applicable permits. Any addition to a mobile home unit that is not certified as meeting the standards of the U.S. Department of Housing and Urban Development for mobile homes shall comply with the Lyon Township Building Codes. Site plan approval shall be required prior to construction of any on-site building within a mobile home park, except for storage sheds or garages for individual mobile homes; storage sheds and garages require a building permit.

c.

Each mobile home shall be permitted one storage shed or garage. The installation of any such shed or garage shall comply with codes and ordinances of Lyon Township and shall require a building permit. Storage underneath a mobile home or outside on any mobile home site is prohibited. Storage sheds need not be supplied by the owner of the mobile home development.

9.

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

a.

A minimum of two percent of the parks 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.

Perimeter screening. All mobile home 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 2½ to three feet in height shall be constructed along the public roads on which the mobile home park fronts. The berm shall be constructed with slopes no steeper than one foot vertical for each three feet horizontal. Landscaping adjacent to the road shall comply with the following requirements, which are consistent with landscaping required for other types of development in Lyon Township:

Type Requirements
Deciduous street tree
(e.g. Red or Norway Maple, Linden, Ash)
1 per 40 lineal feet of road frontage
Deciduous or evergreen shrubs 1 per 3 lineal feet of road frontage

 

c.

Site landscaping. A minimum of one deciduous or evergreen tree shall be planted per two mobile home 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, groundcover, shrubs or other live plant material. At least one deciduous tree shall be planted per parking lot landscaped area.

11.

Signs.

a.

Each mobile home 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.

b.

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

12.

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

a.

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

b.

Dumpsters 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 dumpster screening shall be equipped with an opaque lockable gate that is the same height as the enclosure around the other three sides.

c.

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

13.

Canopies and awnings. Canopies and awnings may be attached to any mobile homes 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.

14.

Water and sewer service. All mobile home parks shall be served by approved central water and sewage systems, which shall meet the requirements of the Oakland County Health Division and the Michigan Department of Health. The plumbing connections to each mobile home site shall be constructed so that all lines are protected from freezing, accidental bumping, or from creating any nuisance or health hazard.

15.

Storm drainage. All developed portions of the mobile home park shall be served by adequate storm drainage facilities, designed and constructed in accordance with applicable local, county and state regulations.

16.

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

17.

Fuel oil and gas. Any fuel oil and gas storage shall be located in underground tanks, at a safe distance from all mobile home sites. All fuel lines leading to mobile home sites shall be underground and designed in conformance with the Michigan Mobile Home Commission Rules and other applicable local, county and state regulations.

18.

Operational requirements.

a.

Permit. It shall be unlawful for any person to operate a mobile home 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/her recommendations regarding the issuance of such licenses to the Director of Mobile Home Division, Corporation and Securities Bureau, Michigan Department of Commerce.

b.

Violations. Whenever, upon inspection of any mobile home park, the building official finds that conditions or practices exist which violate provisions of this Ordinance or other regulations referenced herein, the building official shall give notice in writing by certified mail to the Director of Michigan Mobile Home Commission, including the specific nature of the alleged violations and a description of possible remedial action necessary to effect compliance with the ordinance 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.

c.

Inspections. The building official or other authorized township agent is granted the authority, as specified in Michigan Public Act No. 96 of 1987, as amended, to enter upon the premises of any mobile home park for the purpose of determining compliance with the provisions of this Ordinance or other regulations referenced herein.

d.

A mobile home park shall not be operated until a license has been issued by the Michigan Department of Commerce. Buildings constructed on-site, such as a management office or clubhouse, shall require a township building permit prior to construction and a certificate of occupancy prior to use.

19.

Sale of mobile homes. The business of selling new or used mobile homes as a commercial operation shall not be permitted after complete occupancy of a new or expanded mobile home park has been achieved. Thereafter, new or used mobile homes located on sites within the mobile home 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 mobile home by a resident of the mobile home park provided the park's regulations permit such sale.

20.

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

21.

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