It is the purpose and intent of this article to provide regulations to control the use of mobile homes and to establish standards for mobile home parks which will promote the placement of parks in appropriate locations where there exist or would be provided the basic amenities and services akin to those in low- and medium-density areas, and to provide for the grouping of these mobile home units to make an efficient aesthetically pleasing use of land within the mobile home community so that a high-quality residential area will be created and maintained for the benefit of the mobile home community and adjacent properties and the public as a whole.

Mobile home parks provide alternative forms of housing and add to the diversity of affordable housing opportunities for the residents of unincorporated Miami-Dade County. It is the goal of the Board of County Commissioners of Miami-Dade County to preserve the diversity and stock of low cost housing alternatives. The Board of County Commissioners and the Community Zoning Advisory Boards will evaluate the impacts to the available supply of this form of low cost housing when hearing zoning applications to change the use of land which is an existing mobile home park.

(Ord. No. 71-54, § 1, 6-15-71; Ord. No. 10-58, § 2, 9-21-10)

(A)

Mobile home: A moveable or portable detached single-family dwelling designed for and capable of being used for long term occupancy by one (1) family only, designed to be transported after fabrication on its own permanent chassis and wheels, arriving at the site substantially complete, of such size and weight as to require special highway permits, and in excess of eight (8) feet in width and twenty-four (24) feet in length.

(B)

Mobile home park: A parcel of land under single ownership which has been planned, zoned, and improved for placement of mobile homes for nontransient residential use.

(Ord. No. 71-54, § 1, 6-15-71)

It shall be unlawful to place, store, or use mobile homes in the unincorporated area of the County, outside of approved mobile home parks, except as follows:

(A)

Temporary occupancy during construction of a residence. A mobile home may be occupied as a residence for one (1) family only on a residential building site while a permanent residence is being constructed thereon under the following conditions:

(1)

That a building permit has been obtained for a permanent residential building on the site on which the mobile home is to be placed.

(2)

That the mobile home shall not be placed on such site until authorized sanitary waste facilities have been installed thereon.

(3)

A letter shall be submitted by the holder of the building permit explaining in detail the means of financing the construction, which will assure expeditious completion, such letter to also give assurance that the trailer will be maintained and occupied on the subject premises only so long as the original building permit is in full force and effect, which shall be an additional condition of the bond hereafter mentioned.

(4)

That the applicant give the County a cash or surety bond in the amount of one thousand dollars ($1,000.00) guaranteeing:

(a)

That the mobile home shall remain on the building site only so long as the building permit is in full force and effect, and subject to the condition that no extension of time on the building permit and no completion permit for the resident shall extend the time for maintenance of the mobile home on the property unless substantial progress has been made on the construction of a permanent residential building as evidenced by progressive required inspections having been completed within the time limit permitted.

(b)

That the mobile home will be removed from the premises upon the completion of the residential structure or when any provisions hereof have been violated.

(c)

The wheels shall not be removed from the mobile home.

(d)

The mobile home shall comply with Chapter 19A of this Code.

(5)

The bond will be released by the Director when the mobile home is timely removed from the premises.

(B)

Watchman's quarters. A mobile home may be used as a watchman's quarters if approved after public hearing.

(Ord. No. 71-54, § 1, 6-15-71)

(1)

It shall be unlawful for any person to own, operate, maintain or permit to be operated or maintained, or to construct, increase by number of spaces or otherwise extend any mobile home park unless such person shall first obtain a permit as a result of approval of the use and of the site plan of such park after public hearing. Such park shall comply with the approved plan and the provisions of this chapter and all other applicable State and County regulations and laws in its development and maintenance. The provisions of this article shall not apply to legal, existing mobile home parks nor to parks approved prior to the effective date of this article, but on which development has not commenced except as provided in Section 33-170(B).

Anything to the contrary notwithstanding, mobile homes or manufactured homes, their porches, and other additions to mobile homes or manufactured homes in mobile home parks in existence prior to June 25, 1971 or which have been established subsequent to said date pursuant to Section 33-170(B), are permitted providing they conform to the requirements of Section 33-174(b).

(2)

All legally established mobile home parks shall apply for and obtain an annual certificate of use.

(a)

The scope of the certificate of use Inspection shall be limited to zoning compliance issues, including the following:

1.

A tenant occupancy report indicating the number of occupied lots and unoccupied lots; if the park is a combination of mobile homes and manufactured homes, the report shall list the information separately.

2.

The current occupancy rate of the mobile home park based on the number of occupied lots and the number of legally permitted lots.

3.

Inspection for compliance with the property maintenance standards of Chapter 19 of the Code.

4.

Inspection for compliance with commercial vehicle storage regulations.

(b)

A copy of the certificate of use inspection report shall be sent to the owner of the mobile home park and referrals of violations of items listed in this section shall be made to the County department responsible for such code enforcement.

(c)

Reports of violations and the park occupancy information shall be sent to the appropriate state agency for enforcement action.

(d)

All legally existing mobile home parks must apply for a certificate of use within 90 days after the effective date of this ordinance. Renewals of the certificate of use shall be made each year in the month of June.

(Ord. No. 71-54, § 1, 6-15-71; Ord. No. 73-38, § 1, 4-3-73; Ord. No. 10-58, § 3, 9-21-10)

(a)

Applications for a zoning action or development permit on properties utilized as an existing mobile home park at the time the application is filed shall be approved only upon a determination that (1) approval of the application would not result in the removal or relocation of mobile home owners residing in the mobile home park or (2) adequate mobile home parks or other suitable alternative affordable housing exists for the relocation of the mobile home owners.

(b)

Applications for zoning action or development permit on properties utilized as mobile home parks at the time of filing shall include the following information, which shall be presented in a sworn statement by the applicant and the owner of the property:

(1)

The total number of mobile homes in the park that are owned and occupied by mobile home or manufactured home owners; and

(2)

The range of rents and number of mobile home and manufactured home spaces occupied and of tenants renting mobile home park owned units; and a summary of the number of mobile home owner and manufactured home owner leases or mobile home tenant rental agreements currently in place; and

(3)

A report indicating the number of lots occupied by mobile home owners or manufactured home owners; in addition the report shall list the number of units owned by the mobile home park owner and shall include the number of tenants residing in those mobile home units. In addition, the list shall identify how many owner occupied mobile homes or manufactured homes are suitable for relocation. The relocation and alternative housing plan shall include potential mobile home parks with lots suitable for the units that can be relocated; and

(4)

An estimate of the household profile for each household within the park, including an estimate of the number of adults, and number of children under eighteen years of age, and whether pets have been allowed in the park. Replacement units identified should be suitable for similar household profiles; and

(5)

A list of other mobile home parks or other suitable relocation facilities within a 10-mile radius of the subject mobile home park and located near public transit facilities, describing the number and size of available vacant units or vacant replacement lots at the time of the application is filed, that are of a similar cost profile as that of the mobile home or manufactured home owners residing in the application property. This list will include, at a minimum, the name and address of the park, park contact name and phone number, the number of vacant spaces available, the lot sizes, park guidelines on age and description of available or acceptable units for relocation of mobile homes or manufactured homes. The report shall include the number of rental units or vacant replacement lots available and the rental costs of such units or replacement lots. All parks or other suitable affordable housing alternative facilities must be located within a ten-mile radius of the subject property and located near a public transit facility and serve the same general age, household, and occupancy profiles as the subject property. In the event that the existing park is not within 10 miles of a public transit facility, the comparison search area radius may be extended to 15 miles; and

(6)

Submittal of a relocation and alternative housing protection plan detailing the anticipated timing for park closure, a tenant communication plan and actions the mobile home park owner will take to refer mobile home park residents to alternative public and private housing resources and other forms of assistance that may be voluntarily offered by the mobile home park owner and assistance to mobile home park residents to obtain applicable benefits through the state of Florida Mobile Home Relocation Corporation; and

(7)

A sworn affidavit by the mobile home park owner and operator that they will, in good faith, comply with state laws concerning the sale of the park and notification to park residents.

(c)

In addition to the application information to be provided in Section 33-169.1(b) the Director shall review the history of code enforcement actions on the subject property and status information of all code enforcement cases initiated by Miami-Dade County departments.

(Ord. No. 10-58, § 4, 9-21-10)

(A)

The site to be submitted for approval at public hearing shall be complete and properly identified and drawn to scale clearly showing compliance with the standards hereinafter mentioned, including, but not limited to, the area and boundary dimensions of the mobile home park, layout and sizes of mobile home spaces (typical arrangement on larger scale of mobile home, its appurtenances, attachments and space), location of commercial and service buildings and uses, location of signs, parking spaces, streets, both private and public, walkways, open space areas of all kinds, walls, fences, garbage collection points, if any, and community storage buildings, if any, and all other buildings and structures, areas to be reserved for travel trailers, if any, entrance features and signs thereon, and including general landscaping plan showing grassed areas, and location, size and type of hedges, shrubs, trees, and other landscaping. The plan shall also include a legend listing the overall acreage, gross and net density, percentage and area of open spaces by types, number of spaces, coverage by permanent park buildings, parking spaces required and provided, and estimated total population. Mobile home parks, as evidenced by the site plan submitted, shall be arranged in an aesthetic residential manner, to be achieved by variation in street patterns, with the clustering of spaces, cul-de-sacs and curvilinear streets as suggested features, and including variation in block shapes and in the arrangement of the mobile home spaces and mobile homes thereon.

(B)

The approval of the mobile home park use and the site plan, as detailed above, shall expire within eighteen (18) months from the date of final resolution of approval unless development is commenced within that period; provided, if the commencement of development is not feasible in view of litigation involving the validity of the resolution of approval, the said eighteen (18) month period shall not begin to run until final decision of the court. This time limitation for commencement of development shall also apply to those previously approved mobile home parks, and such time limitation for those previously approved shall commence running from the effective date of this article. For the purpose of this subsection commencement of development shall mean site improvement, if such improvement and installation of facilities is progressively continued and completed within a reasonable time under the circumstances. If development is terminated for a period of six (6) months the special exception and any permits issued for improvements shall be abandoned and become null and void.

(C)

The site involved with the development of the mobile home park shall be platted, such plat to include only exterior boundaries of park and all public dedications and easements.

(Ord. No. 71-54, § 1, 6-15-71)

No mobile home park site shall contain less than five (5) acres, including rights-of-way, nor have a frontage of less than six hundred sixty (660) feet on dedicated right-of-way except that these minimum requirements shall not apply to the expansion of an existing park into adjacent and contiguous lands.

(Ord. No. 71-54, § 1, 6-15-71; Ord. No. 10-58, § 5, 9-21-10)

The minimum size of the mobile home or manufactured home spaces in any park shall not be less than 2,700 square feet in net lot area, with a minimum frontage of 30 feet. Only one (1) mobile home or manufactured home, occupied by only one (1) family, shall be placed on any one (1) space.

(Ord. No. 71-54, § 1, 6-15-71; Ord. No. 10-58, § 6, 9-21-10)

A mobile home or manufactured home unit shall be limited to two (2) stories, not to exceed 25 feet in overall height.

(Ord. No. 10-58, § 7, 9-21-10)

A minimum of five hundred (500) net square feet shall be devoted to common open space for each mobile home space in the mobile home park. Such open space shall be comprised of playgrounds, recreation areas, landscaped parks or greenways as included in the site plan approval, but shall not include the required landscaped perimeter buffer areas, parking courts, streets, utility, service or commercial areas, or lake, lagoon and canal areas. Such common open space is to be so located that the different areas of the mobile home community will be logically and conveniently served and benefitted by such open space. The provisions of Sections 33-172 and 33-173 shall be adjusted, if desired by the applicant, in order to obtain up to seven and five tenths (7.5) mobile home spaces per gross acre.

(Ord. No. 71-54, § 1, 6-15-71)

(a)

A setback for mobile homes of at least five (5) feet from both sides of the mobile home space, at least seven and one-half (7½) feet from the rear line of the space, and at least twelve and one-half (12½) feet (excluding hitch) from the front line of the space (adjacent to the access road) shall be provided; provided that any porch or other addition to the mobile home will be regarded as a part of the mobile home for the purpose of setbacks and spacing, and further provided that no mobile home or additions thereto shall be located closer than fifteen (15) feet to any other mobile home or any of its habitable additions, and ten (10) feet from any other structure or addition.

(b)

Mobile homes, their porches and other additions to mobile homes existing prior to June 25, 1971 or which have been established subsequent to said date pursuant to Section 33-170(B) shall comply with the following requirements:

(1)

No porch, other addition, or awning shall be constructed within ten (10) feet of another mobile home, addition, porch, awning, or other structure or building.

(2)

No part of a mobile home, including, but not limited to, its porch, wall, or awning column shall be closer than five (5) feet to the limits of a mobile home site.

(3)

In no event shall the wall or supporting columns of any additions extend more than ten (10) feet from the limits of the mobile home to which it pertains.

(4)

No eave, or overhang, or roof of a mobile home addition shall extend beyond the wall or column more than one (1) foot.

(5)

No porch shall exceed eight (8) feet in height at the eave except that this height limitation shall not prevent the use of a portable canvas shelter over the roof of the mobile home.

(6)

Only one (1) porch shall be permitted to a mobile home.

(7)

A building permit shall be obtained from the Department before any construction is begun on a porch addition. Accompanying the application for a building permit shall be an accurate plot plan showing size of porch and distances to mobile home site boundaries and to adjacent mobile homes, mobile home porch additions, and other structures or buildings.

(c)

A variation to these setback provisions may be permitted if approved after a special exception hearing based on site plan submitted, these variations to permit flexibility of design and layout that will still conform to the purpose and intent of this article.

(Ord. No. 71-54, § 1, 6-15-71; Ord. No. 73-38, § 2, 4-3-73; Ord. No. 95-215, § 1, 12-5-95)

A minimum twenty-five-foot setback landscaped buffer area shall be provided and maintained along and extending inward from the property lines of the park which are adjacent to other private property; seventeen and one-half (17½) feet along property lines adjacent to rights-of-way of less than seventy (70) feet in official width; and thirty-five (35) feet along property lines adjacent to rights-of-way of seventy (70) feet or more in official width.

The buffer area shall be completely landscaped with a balanced arrangement of ground cover, shrubs, vines, hedges and trees or other landscape features such as walls, fences and berms, or a combination of any of the above items in accordance with Chapter 18A of this Code.

Those buffer areas adjacent to other private properties shall be designed to provide at least seventy-five (75) percent visual barrier, after two (2) years growth along the entire such property line. Buffer areas adjacent to public rights-of-way shall be designed to provide at least fifty (50) percent visual barrier, after two (2) years growth along the entire such property line. Plant material and other such landscape features shall be arranged in such a way so as to prevent vehicular access through, or parking in such buffer areas. Additional requirements shall be as provided in Chapter 18A of this Code.

Plant materials used shall conform in definition, quality, and size when planted, to the provisions of Chapter 18A of this Code for each type of plant except that trees shall be a minimum of seven (7) feet tall by three and one-half-foot spread when planted. This minimum size tree shall be required for those trees placed seventy-five (75) feet on center, but additional smaller trees can be planted as part of the required landscaping.

Plants shall be spaced to provide the required visual screen within a two-year growing period.

Planting at street intersections of any vehicular or pedestrian exits shall be done in accordance with the safety standards specified in Chapter 18A of this Code to prevent visual obstructions along street rights-of-way.

All plant material shall be installed in accordance with good planting practices to insure the survival and healthy growth of the plants. The buffer area shall be maintained in accordance with good landscape maintenance practices, including installation and use of sprinklers, to insure the good health and appearance of all planted material. Landscaping and trees shall be provided in accordance with Chapter 18A of this Code.

(Ord. No. 71-54, § 1, 6-15-71; Ord. No. 95-223, § 1, 12-5-95)

All mobile homes shall be connected to public water and sewer lines (unless temporary package sewage disposal plants and water treatment plants are approved by the Pollution Control Officer and Public Health Department). All telephone and TV cables, if any, and all electrical cables and lines shall be installed underground.

Necessary access and turnarounds with a minimum turning radius of sixty-six (66) feet for fire-fighting, garbage and waste collection and other service vehicular equipment shall be provided. Any private dead-end access way of more than two hundred (200) feet in length shall have a cul-de-sac at the dead end with a minimum turn radius of sixty-six (66) feet.

Garbage and waste collection areas shall be screened by hedges or decorative walls and shall be placed in locations as approved by the Department of Solid Waste Management for the convenience of collection and for sanitation purposes. Such requirements shall not apply to garbage receptacles at individual mobile home spaces.

Area lighting shall be designed to produce a minimum of 0.1 foot candle throughout the street system and public use areas. Potentially hazardous locations such as, but not limited to, major street intersections and steps or pedestrian ramps shall be individually illuminated with a minimum of 0.3 foot candle with no greater foot candle differential than 5 to 1 between adjacent areas.

(Ord. No. 71-54, § 1, 6-15-71)

Fire-fighting equipment, in accordance with Chapter 38 of the Miami-Dade County Fire Prevention and Safety Code in number, type and location of such equipment shall be provided and maintained by the park operator.

(Ord. No. 71-54, § 1, 6-15-71)

Common parking courts shall be screened by properly maintained hedges or decorative walls of a minimum height of four (4) feet except for necessary entrances and exits.

(Ord. No. 71-54, § 1, 6-15-71; Ord. No. 91-36, § 2, 3-19-91)

Private interior roads shall have a minimum right-of-way width of twenty-five (25) feet, with a minimum width of twenty (20) feet of pavement for two-way traffic and twenty-foot minimum right-of-way width with a minimum of twelve (12) feet of pavement for one-way traffic. Roads shall be constructed to conform with County specifications for residential streets.

Off-street pedestrian and bike paths should be constructed to provide safe access to recreational and other service areas when access to such areas can only be reached by way of collector streets. These off-street pathways shall be paved with an all-weather hard-surfaced material.

(Ord. No. 71-54, § 1, 6-15-71)

Each mobile home space shall be clearly marked with permanent ground corner stakes or markers. Each space shall be numbered consecutively and general park directional signs shall be placed in appropriate locations so all spaces can be located expeditiously by visitors and public service personnel.

(Ord. No. 71-54, § 1, 6-15-71)

Patios, where provided, shall be of concrete and shall be at least one hundred (100) square feet in area.

(Ord. No. 71-54, § 1, 6-15-71)

Editor's note— Ord. No. 95-223, § 1, adopted Dec. 5, 1995, deleted former § 33-182, relative to landscaping requirements, which derived from Ord. No. 71-54, § 1, adopted June 15, 1971. Landscaping and trees regulations are currently set out in Chapter 18A of this Code.

No outside storage shall be permitted, except lawn furniture, and if storage is made buildings shall be provided therefor. If a storage building is placed on a mobile home space it shall be of metal construction, conforming to code requirements, erected under permit and shall be placed no closer than fifteen (15) feet to any mobile home or habitable addition thereto located on another space, and ten (10) feet from any other structure or addition.

(Ord. No. 71-54, § 1, 6-15-71)

Additions to mobile homes consisting of metal porch and patio covers, cabana rooms, screen enclosures and storage rooms shall be permitted subject to obtaining building permit and subject to such installations conforming to the applicable provisions of the South Florida Building Code. Such structures shall be dismantable.

(Ord. No. 71-54, § 1, 6-15-71)

Skirting or other design attachments must be installed by mobile home owner and must harmonize with the architectural style of the mobile home. Decorative masonry and fencing may be permitted in lieu of skirting at the base of the unit.

(Ord. No. 71-54, § 1, 6-15-71)

No part of the park shall be used for commercial purposes except such uses as are required for servicing the park residents, and such uses shall be located at least two hundred (200) feet from any perimeter boundary line of the park. Such "servicing uses" may include BU-1 type business uses, launderettes, day nurseries, and mobile home model display areas for sales or rental purposes, provided each displayed mobile home shall be on an approved individual mobile home space. Such commercial and service uses shall be established only when shown on the site plan which has been approved after public hearing. Such commercial and service uses will not require a change of zoning district, and shall be so located that the residents of the park are properly served.

(Ord. No. 71-54, § 1, 6-15-71)

Editor's note— Section 1 of Ord. No. 85-59, adopted July 18, 1985, repealed § 33-187, concerning signs, as derived from § 1 of Ord. No. 71-54, adopted June 15, 1971.

The visibility at roadway intersections within the park or at entrances or exits of the park shall not be obstructed by any growth or installation. Visibility clearance shall comply with the standards of the Public Works Department.

(Ord. No. 71-54, § 1, 6-15-71; Ord. No. 82-4, § 1, 2-2-82)

No building or structure, except recreational buildings and community storage buildings which are approved as to location in the approval of the site plan, and except individually owned metal storage buildings, walls, fences, and entrance features, shall be placed within two hundred (200) feet of the perimeter boundary of the mobile home park.

(Ord. No. 71-54, § 1, 6-15-71)

All mobile homes installed after the effective date of this article shall conform to the "Standard for Mobile Homes, United States of America Standards Institute, A119.1 (1969)" for hurricane and windstorm resistive mobile homes in regard to materials, products, equipment, workmanship and design. In addition, the minimum requirement as to mobile home and mobile home parks as required by other applicable codes shall govern. A manufacturer's certificate shall be posted in the mobile home certifying that the requirements of USAS A119.1 (1969) have been complied with before such mobile home shall be located for occupancy in Miami-Dade County.

(Ord. No. 71-54, § 1, 6-15-71)

The owner and operator of a mobile home park shall be responsible for compliance with all applicable conditions, provision, laws and regulations affecting the mobile home park or any mobile homes or trailers parked there. The owner and operator shall notify the tenant of a space of any violations created by such tenant. If the tenant fails to correct violations existing in connection with his mobile home or mobile home space, the owner and operator shall notify the Department of such violations and shall initiate appropriate action to have the violations corrected. Compliance with this Code is the responsibility of the tenant, park operator and park owner.

The County recognizes and abides by the applicable regulations of Chapter 723 of the Florida Statutes. Complaints received by the County that are subject to review and enforcement action by state agencies shall be submitted to the appropriate State of Florida Agency whose duty is it to investigate such complaints. The County shall provide the complainant with a copy of the referral.

(Ord. No. 71-54, § 1, 6-15-71; Ord. No. 94-138, § 1, 7-12-94; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 10-58, § 8, 9-21-10)

Owners and operators of mobile home parks shall acquaint all tenants with the provisions of this article and all other applicable regulations by posting suitable notice in prominent locations throughout the mobile home park concerned.

(Ord. No. 71-54, § 1, 6-15-71)

Mobile home parks shall be developed and maintained in accordance with the approved plan and in accordance with applicable conditions and regulations and shall be operated in such a manner as to not be detrimental to the adjacent properties and neighborhood and this condition shall be made a condition of the approving resolution.

(Ord. No. 71-54, § 1, 6-15-71)