Milan City Zoning Code
ARTICLE X
Manufactured Home Parks
Section 405.420 Applicability.
[Ord. No. 2802, 12-6-2021]
This Article shall apply to all matters relating to manufactured home parks, and the placement and/or occupancy of manufactured homes within manufactured home parks, unless otherwise excluded or excepted as provided within this Chapter.
Section 405.430 Definitions.
[Ord. No. 2802, 12-6-2021]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Article.
ADD-ONS
Factory-built room enclosure erected or constructed attached to a manufactured home for residential use by the occupants of a manufactured home.
BOARD
The Board of Adjustment.
CERTIFICATE OF OCCUPANCY
A certificate indicating completion of the work to include those requirements contained within this Chapter in order to allow human occupancy which a permit was issued to place the manufactured home within a manufactured home park.
DETACHED ACCESSORY BUILDING
An incidental freestanding building located on the same lot which it serves and used solely for the storage of personal equipment and possessions of the manufactured home occupants.
INSPECTION DEPARTMENT
The City's Zoning Administrator, or other designated administrative official.
LICENSE
Person to whom a manufactured home park license has been granted.
MANUFACTURED HOME PARK
An established and City licensed entity and area in which only manufactured and mobile homes and the associated structures defined herein are permitted, and which shall have the capacity for at least ten (10) units.
PARK OCCUPANT
A person living in a manufactured home located within a manufactured home park.
PARK OPERATOR
The person to whom a manufactured home park license has been issued or who is managing the licensed manufactured home park for someone who has been issued a license.
PLACEMENT PERMIT
A written permit issued by the City, permitting the placement of a manufactured home upon a manufactured home lot under the provisions of this Chapter, and regulations issued hereunder.
SEWER CONNECTION
The connection consisting of all pipes, fittings, etc., from the drain outlet of the manufactured home to the inlet of the corresponding sewer riser pipe.
SEWER RISER PIPE
That portion of the sewer lateral which extends vertically to the ground elevation and terminates at a designated point at each manufactured home lot.
TENANT
The person or persons who have leased or rented a manufactured home or manufactured home lot within the park.
TIE DOWN SYSTEM
A system as approved by the Public Service Commission.
UTILITIES
Water and sewer, gas, or electrical distribution system which is available for connection to manufactured homes in a licensed manufactured home park.
Section 405.440 General Requirements Of Manufactured Home Parks.
[Ord. No. 2802, 12-6-2021]
A.
Height Regulations.
1.
No building shall exceed two and one-half (2 1/2) stories, nor shall it exceed thirty-five (35) feet in height except as hereinafter provided.
B.
Lot Area, Lot Frontage, And Yard Requirements, And Minimum Number Of Lots.
1.
Parks shall provide a minimum of two thousand (2,000) square feet of space, excluding drives, automobile parking spaces, and accessory buildings, for each and every manufactured home accommodated. Each manufactured home space shall be at least twenty-five (25) feet wide and shall provide a yard not less than ten (10) feet wide on every side of the manufactured home.
2.
All manufactured home parks shall be developed at a minimum density of ten (10) spaces per acre with a minimum number of ten (10) spaced within the park.
3.
No mobile/manufactured home shall be located closer than twenty-five (25) feet from any property line bounding the park.
C.
Minimum Design Requirements.
1.
All manufactured home lots shall be provided with a public water supply and public sanitary sewers.
2.
Water. An accessible, adequate, safe, and potable supply of water shall be provided to each manufactured home in each manufactured home park. A public supply of water of satisfactory quantity, quality, and pressure must be available, the connection shall be made thereto and its supply used exclusively.
3.
The water supply system of the manufactured home park shall be connected by adequate pipes to all manufactured homes, buildings, and other facilities requiring water and shall provide the minimum amount of pressure required as contained within the Property Maintenance and Plumbing Codes as adopted by the City.
4.
All water piping, fixtures, and other equipment shall be constructed and maintained in accordance with State law, this, the Ordinances of this City and shall be of a type and in locations approved by the Codes Department.
5.
The water piping system shall not be connected with non-potable systems nor systems not regulated by the Missouri Department of Natural Resources.
D.
Accessory Uses Allowed.
1.
Accessory buildings and uses customarily incident to operation or existence of a mobile manufactured home park.
E.
Environmental, Open Space, Access, And Related Requirements.
1.
Soil And Ground Cover. Streets and vehicle parking areas shall be maintained and all unpaved or unprotected areas (excluding streets, drives, parking, and sidewalks) shall be provided with vegetative growth that is capable of preventing soil erosion, appropriate grading will be provided to assure efficient surface water drainage.
F.
Internal Roadways Required.
1.
All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each manufactured home lot. Alignment and gradient shall be properly adapted to topography.
2.
All traffic routes contained within the manufactured home park shall be hard-surfaced and maintained by the park.
G.
Illumination. All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide average levels of illumination for the safe movement of pedestrians and vehicles at night.
H.
Sewage Disposal. An adequate and safe sewerage system shall be provided in all manufactured home parks for conveying and disposing of all sewage property. Individual sewer connections shall be provided for each lot. Such a system shall be constructed and maintained in accordance with all State and City laws and regulations. Where available all units must be hooked up to the City municipal sewer system.
I.
Garbage And Refuse. The storage, collection, and disposal of refuse in the manufactured home park shall adhere to the requirements of Chapter 230 of the City Code of Ordinances, and be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or pollution in the air. The licensee shall ultimately be responsible for Code violations in the park, except those inside units that are owned by a tenant.
J.
Natural Gas/Propane. Gas systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems and as recommended by the manufacturer of said home.
K.
Fire Protection. Each manufactured home shall be subject to all provisions of State and Federal laws the City of Milan's Code of Ordinances and other regulations of the City relating to fire protection and prevention. Manufactured home parks shall be kept free of litter, rubbish, and other flammable materials.
Section 405.450 License To Operate Manufactured Home Park.
[Ord. No. 2802, 12-6-2021]
A.
Required Annually; Application; Issuance.
1.
It shall be unlawful for any person to operate any manufactured home park within the City unless he/she holds a valid license, which shall be valid for one (1) year and issued in the name of such person for the specific manufactured home park.
2.
All applications for license shall be made to the City who shall issue a license upon inspection, and compliance to the applicant with provisions of this Chapter and regulations issued hereunder and of other applicable legal requirements.
B.
Renewal Of License. Application for the annual renewal of a manufactured home park license shall be made to the City, in writing, by the licensee on or before the first Thursday of September of each year. The application for renewal shall contain any change in the information since the original license was issued or the latest renewal granted.
C.
Applicant's Right To Hearing If License Denied. Any person whose application for a license under this Chapter has been denied may request a hearing on the matter before the Board of Adjustment, under the procedure provided.
D.
Notice Of Change Of Ownership; Transfer Of License. Every person holding a manufactured home park license shall give notice, in writing, to the City within thirty (30) days after having sold, transferred, given away, or otherwise disposed of his/her interest in or control of any manufactured home park. Such notice shall include the name and address of the person succeeding to the ownership or control of such manufactured home park. Upon application, in writing, for transfer of the license, the license shall be transferred if the manufactured home park is in compliance with all applicable provisions of this Chapter and regulations issued hereunder.
E.
Suspension Of License For Violations; Notice Of Violation; Licensee To Comply With Notice. Then, upon inspection of any manufactured home park, the City finds that conditions or practices exist which are in violation of any provision of this Chapter or other regulations or codes, the City shall give notice, in writing, to the person to whom the license was issued that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the Inspection Department. At the end of such period, the City shall re-inspect such manufactured home park and, if such conditions and practices have not been corrected give notice, in writing, of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease operations of such manufactured home park except as provided.
F.
Licensee's Right To Hearing Upon Suspension Of License; License Revoked If Hearing Not Timely Requested. Any person whose manufactured home park license has been suspended or who has received notice from the Inspection Department that his/her license will be suspended unless certain conditions or practices at the manufactured home parks are corrected may request a hearing on the matter before the Board of Adjustment, under the procedure provided herein.
Section 405.460 Responsibilities And Duties Of Licensee.
[Ord. No. 2802, 12-6-2021]
A.
Duties Generally. The person to whom a license for a manufactured home park is issued shall operate the park in compliance with this Chapter and regulations issued hereunder, and shall provide adequate supervision to maintain the park, its facilities, and equipment in good repair and in a clean and sanitary condition.
B.
Notice To Occupants As To Their Duties And Responsibilities. The licensee shall notify park occupants of all applicable provisions of this Chapter and inform them of their duties and responsibilities under this Chapter and regulations issued hereunder.
C.
Placement Of Manufactured Homes On Lots. The licensee shall supervise the placement of each manufactured home on its lot, which includes securing its stability, in accordance with the home's manufacturer, and installing all utility connections.
D.
Maintenance Of Register Of Occupants.
1.
The licensee shall maintain a current register of all park occupants.
2.
Such register information shall be available to the authorized Code official inspecting the manufactured home park area. Such register shall contain each tenant and the tenant's address, and phone number.
E.
Maintenance Of The Park. The licensee shall keep the park clean and well maintained.
Section 405.470 Responsibilities Of Tenants.
[Ord. No. 2802, 12-6-2021]
A.
Each tenant of a manufactured home park shall comply with all applicable requirements of this Chapter, existing codes, and regulations issued hereunder and shall maintain his/her manufactured home, lot, facilities, and equipment in good repair and in a clean and sanitary condition.
B.
Each owner of a manufactured home shall be responsible for the proper placement of his/her manufactured home on its assigned lot and for the proper installation of all utility connections in accordance with the instructions of the park management.
C.
The duties of the tenants, as described herein, shall not relieve the licensee from its duties.
Section 405.480 Minimum Requirements For Occupancy.
[Ord. No. 2802, 12-6-2021]
A.
Requirements For Occupancy. All manufactured homes existing within a manufactured home park, as well as any manufactured home placed in the City after May 30, 2021, shall adhere to the following minimum requirements for occupancy.
1.
The manufactured home must be securely and appropriately anchored utilizing an approved tie-down system.
2.
The manufactured home must have a pitched roof not sloped, manufactured by the company manufacturing the home, and must have a porch built onto the manufactured home.
3.
Each manufactured home must be on a concrete foundation, pillars, or concrete blocks and shall have a minimum skirting continually around the outside of the unit. Said skirting to be attractive and compatible with the unit.
4.
That all entrances and exits must be accessible and functional.
5.
There must be an appropriate number of exit steps/stairs from each doorway.
6.
An address number (minimum of three (3) inches in height) corresponding with the assigned lot number will be placed appropriately on the manufactured home facing, and visible, from the access street.
7.
Manufactured home lots shall be free from all trash, and automobile parts.
8.
The hitch and tongue shall be removed if removable without cutting the metal and the tires must be removed from the manufactured home. Each manufactured home must be at least fourteen (14) feet in width.
9.
No manufactured home in a manufactured home park may be occupied unless it is connected to water, sewer, and electricity.
Section 405.490 Manufactured Home Lots.
[Ord. No. 2802, 12-6-2021]
A.
The manufactured home pad shall be improved to provide an adequate structure for the placement and tie-down of the manufactured home, thereby securing the superstructure against uplift, sliding, rotation and overturning.
B.
The manufactured home pad shall be installed so as not to heave, shift or settle unevenly under the weight of the manufactured home due to frost action inadequate drainage, vibration, or other forced acting on the superstructure.
C.
Individual Water Connections.
1.
Individual water riser pipes shall be located within the confined area of the manufactured home lot at a point where the water connection will approximate a vertical position.
2.
A shutoff valve below the frost line shall be provided near the water riser pipe on each lot.
D.
Electrical Distribution System. Each manufactured home and lot shall be provided with electric power and the connection for that electrical connection shall meet the requirements of the National Electrical Code and Electric Company supplier.
Section 405.500 Placement Permit Required.
[Ord. No. 2802, 12-6-2021]
A.
Placement Permit Required. No person shall place a manufactured home in a manufactured home park without a valid placement permit issued by the City stating the specific property location, park, and lot proposed for placement.
B.
Application For Placement Permit. All applications for permits to place a manufactured home or home within a manufactured home park shall be submitted to the City, along with the approval of such placement from the manufactured home park owner, and shall contain (at a minimum) the following:
1.
Name, address, and phone number of the applicant;
2.
The manufactured home park and lot number and any accessory buildings. Accessory buildings may not exceed one hundred fifty (150) square feet and must be approved by the manufactured home park owner/manager.
Section 405.510 Manufactured Home Occupancy Permit.
[Ord. No. 2802, 12-6-2021]
A.
Any manufactured home placed within a manufactured home park pursuant to a placement permit shall be made ready for occupancy within thirty (30) days following such placement unless otherwise extended by the Code Official, in writing. The minimum requirements for occupancy are as follows:
1.
The manufactured home must be securely and appropriately anchored in accordance with the manufacturer's recommendations, and as approved by the Missouri Public Service Commission.
2.
The manufactured home must be completely underpinned/skirted utilizing approved materials (excluding lumber/wood) except as utilized for framing which shall be non-degradable.
3.
The manufactured home must be free from loose siding, broken windows, etc.
4.
All utilities must be appropriately connected and in working order.
5.
All entrances and exits must be accessible and functional. There must be an appropriate number of exit steps/stairs from each doorway.
6.
An address number (minimum of three (3) inches in height) corresponding with the assigned lot number will be placed appropriately on the manufactured home facing, and visible, from the access street.
B.
Final Inspection. Upon the manufactured home being readied for occupancy, a final inspection shall be made to determine compliance with the provisions contained in this Chapter.
C.
Certificate Of Occupancy To Be Issued. Upon successful completion of the final inspection, the City shall issue a Certificate of Occupancy to the owner, allowing occupancy of said manufactured home.
Section 405.520 Right Of Hearing.
[Ord. No. 2802, 12-6-2021]
Any person aggrieved by the decision of the Code Enforcement Official under the terms of this Article may appeal that decision by requesting a hearing on the matter before the Board of Adjustment under the procedure provided in the City's Code of Ordinances.
Section 405.540 Inspections Of Manufactured Home Parks; Notices, Hearings, And Orders.
[Ord. No. 2802, 12-6-2021]
A.
Right Of Entry For Inspection Purposes.
1.
As a condition for the continued privilege of maintaining a manufactured home park license, the licensee shall permit the Code Official to enter the park at any reasonable time.
2.
When the Code Official has reasonable cause to believe a Code violation exists within a manufactured home that possesses an occupancy permit, the Code Official is required to request entry within the premises at reasonable times to inspect the property subject to constitutional restrictions. If entry is refused or not obtained, the Code Official is authorized to pursue enforcement recourse as provided by law.
B.
Notice Of Violations. Whenever the Code Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this Chapter, or regulations issued hereunder, the Code Official shall give notice of such alleged violation to the person to whom the permit or license was issued, as hereinafter provided. Such notice shall:
1.
Be in writing;
2.
Include a statement of the reasons for its issuance;
3.
Allow a reasonable time for the performance of any act it requires;
4.
Be served upon the owner or his/her agent, as the case may require; provided, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his/her last known address, or when he/she has been served with such notice by any method authorized or required by the laws of this State, and a copy shall be submitted to the manufactured home park owner;
5.
Contain an outline of remedial action, which, if taken, will affect compliance with the provisions of this Chapter and regulations issued hereunder.
Section 405.550 Emergency Authority.
[Ord. No. 2802, 12-6-2021]
Whenever the Code Official determines that an emergency exists which requires immediate action to protect the public health, the inspecting officer may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as he/she may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provision of this Chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Board of Adjustment shall be afforded a hearing. Any associated costs incurred by the City shall be passed on to the owner.
Section 405.560 Conflicts Of Law.
[Ord. No. 2802, 12-6-2021]
A.
In any case where a provision of this Chapter is found to be in conflict with a provision of any other Chapter of this Code or other ordinance, code, or regulation of the City, the provisions which establish the higher standard for the promotion and protection of the people shall prevail.
B.
In any case where a provision of this Chapter is found to be in conflict with a provision of State law or rule, regulation notice or order promulgated or given pursuant to the authority of State law, the more stringent provision shall prevail, except as may be provided otherwise by State law or by rule, regulation notice or promulgated or given pursuant thereto.