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Montrose City Zoning Code

CHAPTER 11

13.- MANUFACTURED HOUSING, TRAVEL HOMES AND TINY HOMES7


Footnotes:
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Editor's note—Ord. No. 2677, § 1(exh. A), adopted Dec. 17, 2024, repealed the former Ch. 11-13, §§ 11-13-1—11-13-10, and enacted a new Ch. 11-13 as set out herein. The former Ch. 11-13 pertained to mobile homes and travel homes and derived from Ord. No. 2626, § 3(exh. A), adopted May 16, 2023.


Sec. 11-13-1.- Use and location of manufactured housing.

(A)

No new mobile homes are permitted in the City. Existing mobile homes may be used, occupied or located only as follows:

(1)

Occupied as a dwelling either within a manufactured housing park or on individually-owned lots in the MHR zone district.

(2)

At a location where a mobile home was lawfully located, occupied or used on the effective date of Ordinance No 1029, finally adopted on July 5, 1979, or date of annexation to the City, and continuously located, occupied or used thereafter; subject to the nonconforming use regulations in Section 11-7-11 of this Title. All existing and new manufactured homes shall be permitted in accordance with these regulations.

(B)

Unless located within a manufactured housing park, all manufactured housing shall be on a permanent foundation meeting City building code requirements designed by a Colorado licensed professional engineer.

(Ord. No. 2677, § 1(exh. A), 12-17-2024)

Sec. 11-13-2. - Manufactured home permits.

It shall be unlawful to set up any manufactured home on any space, lot or site until a manufactured home siting permit has been obtained under the procedure in Section 11-4-2; Table 4.1. The fee for such permit shall be as set forth in Chapter 3-1 of the City of Montrose Regulations Manual.

(Ord. No. 2677, § 1(exh. A), 12-17-2024)

Sec. 11-13-3. - Manufactured home requirements.

(A)

No manufactured home siting permit shall be issued unless the following criteria are met:

(1)

It bears a certification of HUD approval; or

(2)

It meets or exceeds City building codes.

(B)

Additions to manufactured homes must meet the requirements of City building codes. All such additions must have a foundation designed by a Colorado licensed professional engineer.

(C)

Any manufactured home which, on the effective date of Ordinance No 1029 (July 5, 1979), or if annexed subsequent to that date, was lawfully existing and maintained in accordance with previously applicable state, county or City regulations and ordinances, but which does not conform or comply with all of the regulations provided for in this Section, may be continued to be maintained or used at its existing site,; subject to the nonconforming use regulations in Section 11-7-11 of this Title.

(Ord. No. 2677, § 1(exh. A), 12-17-2024)

Sec. 11-13-4. - Manufactured home park permits.

(A)

It shall be unlawful to commence the construction of any manufactured home park or the enlargement of an existing manufactured home park until a manufactured home park permit has been obtained under the procedure in Section 11-4-2; Table 4.1.

(B)

Application for a manufactured home park permit shall be made by submitting a site plan of the proposed manufactured home park, accompanied by any supporting documents, plans or drawings as necessary to show that the design requirements of Section 11-13-5 will be complied with.

(C)

It shall be unlawful to locate any manufactured home within any manufactured home park prior to the time that a manufactured home park permit has been approved and the manufactured home park has been developed in substantial conformity with the approved site plan.

(D)

An application fee as set forth in Section 3-1 of the City of Montrose Regulations Manual shall accompany the application for a manufactured home park permit.

(Ord. No. 2677, § 1(exh. A), 12-17-2024)

Sec. 11-13-5. - Manufactured home park design.

(A)

Size and Location. Manufactured home parks shall meet the following criteria:

(1)

A manufactured home park may be located only where allowed by Chapter 11-7 of this Title.

(2)

A manufactured home park shall have a minimum size of five acres.

(3)

A manufactured home park shall be limited to ten manufactured home dwellings per acre in density.

(B)

Dimensional Requirements. The following provisions shall apply to all applications for manufactured home parks filed after the effective date of the ordinance from which this Section is derived: Ordinance No. 2677, finally adopted on December 17, 2024.

(1)

Each manufactured home space shall be shown on the site plan and may have only one manufactured home located on it.

(2)

Each manufactured home space shall be a minimum area of 3,000 square feet.

(3)

Front set-backs shall be a minimum of five feet; the rear set-backs a minimum of ten feet; set-backs for the front and street side of a corner space shall be ten feet; and the side set-backs shall be a minimum of ten feet from any park area boundary line.

(C)

Parking. A minimum of two off-street paved parking spaces per space shall be provided.

(D)

Improvements. The manufactured home park developer shall provide the following improvements:

(1)

City water system, including fire hydrants and fire mains.

(2)

City sanitary sewer system.

(3)

Paved streets with a minimum width of 24 feet, consisting of pavement/base course suitable to support the anticipated traffic.

(4)

Storm drainage system and associated stormwater detention.

(5)

Street signs, street lights.

(6)

Concrete valley pans, three feet in width (in areas without sidewalk) or driveover curb and gutter, installed on each side of each street.

(7)

Sidewalks at least five feet in width installed on one side of each street.

(E)

Parks. A minimum of eight percent of the gross area of the manufactured home park shall be developed and maintained as a park or playground.

(F)

Public Utilities. Arrangements to provide public utilities including, gas, electricity, telephone and cable television shall be made with the utility companies.

(G)

Improvements; Submission and Approval. Plans for all improvements shall be submitted with the manufactured home park permit application. All required improvements shall comply with standard City design and construction standards and specifications, unless otherwise specified herein.

(H)

Easements. The City may require reasonable utility easements to be dedicated to the public for the purpose of public and City utilities. The City may require the over sizing of any water and sewer lines, in which event the City shall pay for the cost of over-sizing.

(I)

Dependent Mobile Homes. No dependent mobile home shall be allowed in any manufactured home park unless the park provides sanitary facilities and a service building meeting the requirements contained in the Code of Regulations for Mobile Home Parks, issued by the Colorado Department of Public Health and Environment (6 CCR 1010-12).

(Ord. No. 2677, § 1(exh. A), 12-17-2024)

Sec. 11-13-6. - Use and location of travel homes.

Travel homes may be occupied as temporary dwellings only in the following circumstances:

(1)

Within a travel home park for which a travel home park permit has been issued or within a travel home park which lawfully existed at the effective date of the ordinance from which this Chapter is derived.

(2)

Upon private property for temporary occupancy by out-of-town guests, for a period not to exceed 30 days in any year for any tract of property.

(3)

Upon property for which a permit has been issued by the City pursuant to Section 11-13-7.

(Ord. No. 2677, § 1(exh. A), 12-17-2024)

Sec. 11-13-7. - Travel home permits.

(A)

A travel home permit shall be obtained under the procedure in Section 11-4-2; Table 4.1 and appropriate fees paid as set forth in Section 3-1 of the City of Montrose Regulations Manual.

(B)

A travel home permit may be issued under the following circumstances by the City Manager:

(1)

For fire protection or security purposes in industrial districts.

(2)

At a construction site during the construction period for nonresidential purposes.

(3)

Travel homes may be used as a temporary residence, on property owned by the occupants, for which a building permit for a single-family residence has been issued, and water and sewer taps purchased which meet the following criteria:

(a)

The travel home permit shall be in effect only as long as actual construction of the permanent residence is being pursued with due diligence.

(b)

The lot size of the premises upon which the travel home is located must have an area of at least twice the minimum lot size specified in Section 11-7-7 of this Title.

(c)

The travel home must be properly connected to the water and sewer system and be subject to monthly water, sewer and trash collection charges.

(C)

The City Manager may issue a travel home permit for the temporary location of travel homes, irrespective of the proposed use, on private property only, under the following circumstances:

(1)

A travel home permit shall be issued only upon the City Manager's determination that the criteria set forth in Section 11-7-6 of this Title applicable to temporary uses have been met.

(a)

The travel home permit may be granted upon conditions or limitations necessary in order to ensure that the applicable criteria are met.

(2)

The City Manager shall determine the maximum travel home permit period, but in no case shall the initial travel home permit period exceed 12 months.

(a)

No more than one permit for the same property may be issued in any 12-month period.

(b)

The applicant may make a request to the City Manager for an extension of time prior to the expiration of the twelve-month permit period.

(3)

These provisions are not intended to allow temporary commercial travel homes. No payments shall be collected from the travel home occupants by the owner or operator of the permitted site.

(4)

All travel homes shall be connected to a potable water and sanitary sewer system.

(a)

The City shall determine the appropriate utility rate structure, when City utilities are utilized. Tap and system investment fees shall apply, when new taps are purchased. Unit charges may apply, at the City's sole discretion.

(b)

Monthly water, sewer, and trash collection charges shall apply, when City utilities or services are utilized.

(c)

Water, sewer, and other utility connections shall meet all applicable requirements of the utility providers.

(d)

Backflow prevention devices shall be required in accordance with Chapter 3-8 of the Official Code of the City.

(5)

Access points and access drives shall feature all-weather surfaces, and meet all applicable City and fire district requirements.

(6)

Travel homes shall be set back a minimum of 25 feet from the nearest property line, regardless of the underlying zoning district.

(7)

Fire hydrants may be required as set forth in the International Fire Code, as adopted by the City.

(8)

All travel homes and utility facilities shall be promptly removed from the permitted site at the end of the travel home permit period.

(9)

All applicable federal, state and local regulations shall be met.

(D)

The City shall not issue any travel home permit, except for a use or location which complies with the criteria of this Section. Such permit may be revoked by the City Manager upon reasonable notice to the applicant for a violation of any of the provisions of this Section, or any other applicable laws, ordinances or regulations of the City, state or federal governments.

(Ord. No. 2677, § 1(exh. A), 12-17-2024)

Sec. 11-13-8. - Travel home park permits.

(A)

It shall be unlawful to commence construction of any travel home park until a travel home park permit has been obtained under the procedure in Section 11-4-2; Table 4.1.

(B)

Application for a travel home park permit shall be made by submitting a site plan of the travel home park, accompanied by any supporting documents, plans or drawings as necessary to show that the design requirements of Section 11-13-9 have been complied with.

(C)

It shall be unlawful to occupy any travel home within any travel home park prior to the time that a travel home park permit has been approved, and the travel home park has been developed in substantial conformity with the approved site plan.

(D)

An application fee as set forth in Chapter 3-1 of the City of Montrose Regulations Manual shall accompany the application for a travel home park permit.

(Ord. No. 2677, § 1(exh. A), 12-17-2024)

Sec. 11-13-9. - Travel home park design.

(A)

Size and Location. Travel home parks may be located only where allowed by Chapter 11-7, Zoning [Regulations],and shall be a minimum of two acres in area.

(B)

Dimensional Requirements.

(1)

All travel homes and any accessory structures shall be setback at least ten feet from any other travel home and accessory structure.

(2)

The number of travel homes in the park shall not exceed 25 travel homes per acre.

(C)

Parks. A minimum of eight percent of the gross area of the travel home park shall be developed and maintained as a park or playground.

(D)

Improvements. The travel home park developer shall provide the following improvements:

(1)

A water system, including fire hydrants and fire mains.

(2)

A sanitary sewer system.

(3)

Paved streets with a minimum width as follows:

(a)

One-way/no parking: Eleven feet;

(b)

One-way/parking on one side: Eighteen feet;

(c)

Two-way/no parking: Twenty-four feet;

(d)

Two-way/parking on one side: Twenty-seven feet; and

(e)

Two-way/parking on both sides: Thirty-four feet.

(4)

All travel home park pad spaces shall be gravel or hard surfaced; provided however that a ten-foot-deep paved apron shall be constructed on each pad site. Any expansion of an existing travel home park shall comply with this requirement to the extent of the expanded area, as of the effective date of the ordinance from which this Subsection is derived: Ordinance No 2677, finally adopted on December 17, 2024.

(5)

A storm drainage system and associated stormwater detention.

(6)

Street signs and street lights.

(E)

Improvements; Submission and Approval. Plans for all improvements shall be submitted with a travel home park permit application. All required improvements shall comply with standard City design and construction standards and specifications, unless otherwise specified herein.

(F)

Easements. The City may require reasonable utility easements to be dedicated to the public for the purpose of public and City utilities. The City may require the over-sizing of water and sewer lines in which event the City shall pay the cost for over-sizing.

(Ord. No. 2677, § 1(exh. A), 12-17-2024)

Sec. 11-13-10. - Use and location of tiny homes.

(A)

All existing and new tiny homes shall be permitted in accordance with these regulations.

(B)

Unless located within a tiny home community, all tiny homes shall be on a permanent foundation meeting City building code requirements designed by a Colorado licensed professional engineer.

(Ord. No. 2677, § 1(exh. A), 12-17-2024)

Sec. 11-13-11. - Tiny home community permits.

(A)

It shall be unlawful to commence construction of any tiny home community until a tiny home community permit has been obtained under the procedure in Section 11-4-2; Table 4.1.

(B)

Application for a tiny home community permit shall be made by submitting a site plan of the tiny home community, accompanied by any supporting documents, plans or drawings as necessary to show that the design requirements of Section 11-13-12 have been complied with.

(C)

It shall be unlawful to occupy any tiny home within any tiny home community prior to the time that a tiny home community permit has been approved, and the tiny home community has been developed in substantial conformity with the approved site plan.

(D)

An application fee as set forth in Chapter 3-1 of the City of Montrose Regulations Manual shall accompany the application for a tiny home community permit.

(Ord. No. 2677, § 1(exh. A), 12-17-2024)

Sec. 11-13-12. - Tiny home community design.

(A)

Size and Location.

(1)

Tiny home communities may be located only where allowed by Chapter 11-7, Zoning [Regulations], and shall be a minimum of two acres in area.

(2)

Sites for a tiny home community shall be level and well drained, free from topographical hazards, natural hazards or other conditions unfavorable to proper enjoyment by users.

(B)

Uses.

(1)

Only tiny homes and related accessory structures may be permitted within a tiny home community.

(a)

Accessory structures to tiny homes as contained within the established space are limited to garages, storage structures and carports.

(b)

All accessory buildings and structures shall conform to the building code and appropriate sections of these regulations.

(2)

Tiny homes within a tiny home community are intended to be used as permanent dwellings and shall meet all applicable building code requirements.

(C)

Ownership. A tiny home community may only be established on a single parcel.

(D)

Utilities. All tiny homes must be connected to water, sewer and power before they are occupied.

(E)

Parking. Two paved parking spaces shall be provided for each tiny home space. A paved off-street parking area may be provided to offset up to a maximum of one space per each required tiny home space.

(F)

Parks. A minimum of eight percent of the tiny home community shall be developed and maintained as a park or playground.

(G)

Addressing. Each tiny home shall its address number as assigned by the City posted on the front portion of the space and visible from the adjacent roadway or, if there is no internal roadway, from the adjacent pedestrian walkway.

(H)

Density.

(1)

A tiny home community may contain up to sixteen tiny homes per acre.

(2)

No more than one tiny home may be placed in a single space.

(I)

Dimensional requirements.

(1)

Each tiny home community shall provide the following setbacks along the exterior property line:

(a)

From a state or federally designated highway: Fifty feet;

(b)

From any public right-of-way not described in (a) above: Fifty feet;

(c)

From the exterior lot line (side or rear): Ten feet.

(2)

Internal Setbacks. The placement of any tiny home within a space shall meet the following setbacks:

(a)

If applicable, from the front boundary adjacent to the interior roadway: Ten feet;

(b)

From all other space boundaries not included in (a) above: Five feet;

(c)

From another tiny home: Ten feet.

(J)

Improvements. The tiny home community developer shall provide the following improvements:

(1)

A water system, including fire hydrants and fire mains.

(2)

A sanitary sewer system.

(3)

Paved streets with a minimum width as follow:

(a)

One-way/no parking: Eleven feet;

(b)

One-way/parking on one side: Eighteen feet;

(c)

Two-way/no parking: Twenty-four feet;

(d)

Two-way/parking on one side: Twenty-seven feet; and

(e)

Two-way/parking on both sides: Thirty-four feet.

(4)

A storm drainage system and associated stormwater detention.

(5)

Street signs and security lights.

(K)

Improvements; Submission and Approval. Plans for all improvements shall be submitted with a tiny home community permit application. All required improvements shall comply with standard City design and construction standards and specifications, unless otherwise specified herein.

(L)

Easements. The City may require reasonable utility easements to be dedicated to the public for the purpose of public and City utilities. The City may require the over-sizing of water and sewer lines in which event the City shall pay the cost for over-sizing.

(Ord. No. 2677, § 1(exh. A), 12-17-2024)

Sec. 11-13-13. - Maintenance and upgrades.

(A)

All manufactured home parks, travel home parks and tiny home communities shall be maintained in accordance with the requirements of this Chapter, applicable state of State Department of Health regulations, and other applicable regulations of the City of Montrose, Colorado.

(B)

The City Manager shall have the right to enter upon any manufactured home park, travel home park or tiny home community at any reasonable time for the purpose of inspecting the premises to determine compliance with this Chapter or other applicable ordinances and City and state regulations.

(C)

The manufactured home park, travel home park, or tiny home community owner and operator shall ensure that all landscaping and irrigated lawn is maintained in good and healthy condition.

(D)

In the process of enforcing City codes and regulations, the City Manager is authorized to approve maintenance and improvement/upgrade plans so as to retain existing manufactured home parks, travel home parks and tiny home communities while incrementally improving their condition.

(E)

Manufactured home parks, travel home parks and tiny home communities which are nonconforming to the requirements in this Chapter 11-13, either because of not having received a permit and/or because of noncompliance with current requirements, may request a variance pursuant to the procedure in Section 11-4-2, Table 4.1 (Variance) by making application under Section 11-7-13, 11-8-1(E) or 11-8-1(F), as applicable. In acting upon such variance application, the Planning Commission is authorized to grant a permit, and/or to allow deviation from identified standards for such parks under this Chapter 11-13, only with such conditions as will ensure that the park is enabled to continue to operate with improvements which render it less nonconforming.

(Ord. No. 2677, § 1(exh. A), 12-17-2024)