A.

Permitted Uses. Manufactured homes will be allowed in zoning districts R-1, R-2, R-3 and R-4. No manufactured home may be used for any purpose other than for residential use as provided herein except as follows:

1.

As an office at a legally licensed manufactured home sales lot.

2.

A temporary construction on office at a construction job site provided that such use shall cease when a certificate of occupancy is issued.

3.

Campaign headquarters to be removed immediately after election day.

4.

Showing of exhibits or special products for a period not to exceed fourteen (14) days.

5.

For special sales or promotions by civic or non-profit organizations to be removed on a specified date.

6.

As an office or storage by and for the owner of a manufactured home park for materials and furnishings for the use of a park.

7.

As a commercial use in an emergency situation for a period not to exceed one (1) year upon approval by the Planning Commission.

A1.

Manufactured Home Specifications. All manufactured homes must meet the following specifications in order to be allowed:

1.

Must be placed on a concrete footing.

2.

Must be inspected by the city inspector prior to being provided a Certificate of Occupancy, and must meet the same standards as a home build.

3.

Must be placed on pillars if required by the city inspector.

4.

The tongue, axles, and all tires must be removed.

5.

The foundation must be made of concrete block or brick and mortar. No dry stacking will be permitted.

6.

No vinyl, plastic or sheeting underpinning will be permitted.

7.

Must meet all set back requirements.

8.

No more than one mobile home per will be permitted on each residential lot and each mobile home must be placed parallel to the roadway.

9.

No addition [may] be made to any manufactured home without plans presented to and approved by the Zoning Officer.

10.

There shall be no time restraints as to the replacement of any manufactured home.

B.

Temporary Special Exceptions for Manufactured Homes.

1.

In a residential Zoning District, not more than one (1) manufactured home may be located in a rear yard of a zoned lot as an accessory dwelling on a temporary basis, as a special exception, provided that the homeowner of the affected lot and the person or persons who expect to reside in the mobile home, make application to the Zoning Board of Adjustment for a special exception to permit the proposed location of the manufactured home, as an accommodation to a family need for temporary housing for the homeowner or tenant (in the case, for example of the need for extensive repairs or fire damage to the main building), or, the need for temporary housing of members of the immediate or extended family of the homeowner. Recreational vehicles may not be used as a temporary accessory dwelling. A special exception under this subsection may be approved for no longer than three years, after which the homeowner will be required to re-apply for the special exception.

2.

A temporary special exception under this Section may be issued in such cases for no more than three (3) years and may be subject to renewal by the Zoning Board of Adjustment for additional terms of not more than three (3) years, upon timely application made before the special exception expires. Each such application must include a detailed description of the need on which the application exists, the current nature of all such circumstances and the expected duration of the circumstances justifying granting the requested special exception.

3.

All such manufactured homes situated in rear yards under this Ordinance must be connected to City water and sewer service, or to a well and septic tank approved by the Health Department if such City water and sewer service is not available to the lot, and such manufactured homes must be maintained and kept in such a way as to comply with the general character of the surrounding neighborhood and so as to not create a nuisance.

4.

The Zoning Board of Adjustment may impose such reasonable limitations and restrictions on the use, placement and occupancy of the manufactured home as it deems necessary to assure minimal disruption or interference with the character of the surrounding property. Such limitations and restrictions may include, but are not limited to required underpinning and screening to obscure from view the wheels, chassis, or tongue of the mobile home, installation of appropriate porches, ramps or steps to the mobile home for access, appropriate provision for access to the street and parking, placement so as to minimize the view of the mobile home from the street, and screening, by fencing or landscaping, of adjacent properties to the rear and/or either side of the lot, when adjoining other residential property.

5.

Manufactured homes must be maintained in such a way as to create no nuisance conditions.

6.

If any temporary manufactured home must be situated closer to the side or rear yard line than the required setback for the Zoning District involved, a variance must be obtained from the Zoning Board of Adjustment.

Where manufactured homes are permitted on residential lots not in a manufactured/mobile home park or subdivision the following standards shall govern their appearance and siting on the lot:

A.

Exterior siding should not have a high gloss finish and should be residential in appearance, including, but not limited to clapboards, simulated clapboards such as conventional vinyl or metal siding, wood shingles, shakes, or similar material, but excluding smooth, ribbed, or corrugated metal or plastic panels. The exterior covering material must extend to the ground except that, when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

B.

The home should be placed on a permanent foundation that complies with the City's building code for residential structures.

C.

The hitch must be removed.

D.

The unit must be oriented on the lot so that it meets all lot and area requirements of the Zoning District. Where possible it should be located with its long axis parallel with the street.

E.

The lot must be landscaped to ensure compatibility with surrounding properties.

F.

The home must be a least twelve feet (12') in width.

G.

All fuel oil supply systems shall be constructed and installed within the foundation wall or underground within all applicable building and safety codes except that any bottled gas tanks may be fenced so as not to be clearly visible from the street or abutting properties.

H.

Only one (1) manufactured home per lot will be permitted.

I.

The height limit for any manufactured home shall be eighteen feet (18'). The height of the manufactured home frame above the ground elevation, measured at ninety degrees (90°) to the frame, shall not be greater than three feet (3').

In order to provide for a clean, safe and healthy living environment for residents living in manufactured homes the following standards are to guide the development of manufactured/mobile home parks. Plans meeting these minimum specifications will be approved by the Building Official in those Zoning Districts permitting manufactured home parks.

A.

License.

1.

License Requirement. It shall be unlawful for any person to establish, operate or maintain, or permit to be established, operated or maintained upon any property owned, leased or controlled by him, a mobile home park without having first secured a license for each such park from the City Council pursuant to this Section. The license shall expire on December 31st of each year, but may be renewed under the provisions of this Section for additional periods of one year.

2.

Annual Fee. The annual license fee and per unit fee shall be assessed according to the fee schedule in use by the City of New Hope at the time of assessment. In the event an application is made during the license year, the fee for such license shall be prorated in proportion to the number of months remaining in the license year on the basis of one twelfth of the annual license fee per month.

3.

Application. The application for a new license or a renewal thereof shall be made on forms furnished by the City Clerk and shall include the name and address of the owner in fee of the tract; if the fee is vested in some other person, a duly verified statement by that person, that the applicant is authorized by him to construct or maintain the park and make the application, and such a legal description of the premises, upon which the park is or will be located as will readily and definitely locate the premises. The application shall be accompanied by one (1) copy of the park plan and one (1) copy of the special exception permit.

B.

Submission of Plans. A site plan shall be submitted to the Zoning Officer for review by all appropriate agencies showing the following items:

1.

Title, scale, North arrow, date, and name of site planner.

2.

Existing buildings and structures.

3.

Streets.

4.

Service and maintenance building, if applicable.

5.

Manufactured home spaces, consecutively numbered or lettered.

6.

Driveways and parking spaces with dimensions.

7.

Recreational facilities, if applicable.

8.

The adequacy of drainage facilities shall be verified by a licensed professional engineer.

9.

Proposed sanitary sewer system including size.

10.

Proposed water distribution system and fire hydrants.

11.

Proposed street lighting system and other lighting for benefit and safety of residents.

12.

Site acreage.

13.

Any other applicable portions of the Public Works Manual.

14.

Dumpster(s) location and indicate dumpster size and frequency of refuse pick-up.

15.

Landscape plan.

C.

Building Permit. After approval by the Zoning Officer, the plan shall be submitted to the Building Official for review and issuance of a building permit. No manufactured home park shall be established, operated or maintained, or permitted to be established, operated or maintained upon any property without having first secured a building permit from the Building Official.

D.

Standards for Design.

1.

Minimum Lot Size. Minimum lot size shall be five thousand (5,000) square feet where sewer is provided or as regulated by the Alabama Health Department where sewer is not available but in no case less than five thousand (5,000) square feet. Minimum lot width shall be fifty feet (50'). Yard dimensions (setbacks) for manufactured home lots shall be as follows:

Side Yard—20 feet minimum

Rear Yard—15 feet minimum

Front Yard—15 feet minimum

A manufactured home shall have a minimum of twenty (20) foot separation from any other manufactured home. Setbacks for the manufactured home park exterior property lines shall conform to the Zoning District where the park is located. When lots are designed for homes to be placed at forty-five degree (45°) or sixty degree (60°) angles to the street, side yard and rear yard requirements may be reduced to five feet (5') provided there must be thirty feet (30') of clear space between homes.

2.

Parking Requirements. Two (2) spaces per unit shall be provided on each lot. Parking areas shall be maintained with an all weather-wearing surface (asphalt or concrete). Parking spaces shall be at last ten feet by twenty feet (10' x 20') feet in size. All off-street parking spaces shall have direct access to an interior street within the park; no direct access shall be permitted between manufactured home lots to any exterior street.

3.

Minimum Park Size. A minimum area of three (3) acres shall be necessary to establish a manufactured home park. A minimum of sixty feet (60') of property frontage shall be required along a public road.

4.

Maximum Density. No more than seven (7) units per gross acre shall be allowed.

5.

Maximum Lot Coverage. No manufactured home and/or accessory building shall cover more than forty percent (40%) of the lot area.

6.

Landscaping.

a.

A manufactured home park shall provide a permanent and maintained landscaped buffer of screening that meets the requirements set out in Section 13 around those portions of the park perimeter (exterior property lines) that border public rights-of-way or residential property. A six foot (6') solid wall or opaque fence may be provided in the said landscaped area. The wall or fence shall be setback a distance not less than twenty-five feet (25') from the exterior property lines that border public rights-of-way.

b.

Each manufactured home lot shall be provided with at least one (1) tree.

c.

The property owner shall be responsible for the installation and continual maintenance of the required landscaping.

d.

Exposed soil and ground surfaces in all parts of every park shall be paved, covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and eliminating dust.

7.

Recreational Vehicles. Each park may devote a maximum of five (5) spaces to transient recreational vehicles and shall license each space devoted to such use whether rented or not. This provision does not prohibit the use of any space for temporary use for a recreational vehicle or manufactured home.

8.

Roadways.

a.

Manufactured homes shall front upon a paved roadway having a right-of-way of not less than forty-two feet (42') and a paved surface of not less than thirty feet (30') in width.

b.

Culs-de-sac shall be provided at the closed end with a minimum of sixty feet (60') radius paved driving surface of concrete or asphalt and shall be kept in good repair by the property owner.

c.

Street lighting shall be provided throughout a manufactured home park with lighting units so spaced and equipped with luminaries placed at such heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night: an average luminance of four (4) lux (defined as the omens per square meter reaching a surface) and the luminance uniformity ratio should be set at a maximum of six (6) to one (1).

d.

All streets shall be constructed to meet the minimum specifications for streets as approved by the City of New Hope.

e.

Internal streets shall be maintained free of cracks, holes, and other hazards at the expense of the property owner.

9.

Refuse. Private dumpster services shall be provided for refuse collection if City services are not provided. Dumpsters shall be easily accessible to the residents of the manufactured home park for the collection and disposal of refuse. Bulk waste containers shall be provided at an average of at least one point five (1.5) cubic yards for every three (3) manufactured homes. Dumpster sites shall be screened from public rights-of-way.

10.

Drainage. All manufactured home parks shall be located on well-drained sites, properly graded to insure positive drainage.

11.

Utilities. Utilities shall be provided to each lot as follows:

a.

Each mobile home shall be connected to the municipal water system and to the municipal sewage disposal system, if available. The design and specifications of the utility systems shall meet City specifications and shall be approved by the City Water and Sewer Department. If the municipal utility system is not available, then a private system shall be required until such time as the municipal systems become available. The design and specifications of such systems shall meet Madison County Health Department specifications and shall be installed under inspection and approval of the appropriate City and/or County department.

b.

All manufactured home parks shall have the sanitary sewer drainage system extended to each lot and the connection from the manufactured home into the sanitary sewage system shall be made under and/or within five feet (5') of the home with a seal.

c.

No more than seven (7) units per gross acre shall be allowed.

d.

Each manufactured home lot shall be provided with an individual branch service line delivering safe, pure, potable water. The minimum size branch service to each home lot shall be three quarter inch (3/4") and cut-off shall be installed on each branch, along with a back flow preventive device approved by a nationally recognized testing agency. All connections shall be made under and/or within five feet (5') of the home. Water service shall meet the standards of the providing public water agency. Water service from the water meter to a manufactured home shall be buried a minimum of twelve inches (12") in the earth.

e.

In manufactured home parks where gas distribution systems are installed, the installation shall conform to the requirements set forth by the Alabama Public Service Commission and the Alabama Gas Company.

f.

Each manufactured home lot shall be provided with an individual electrical service of adequate size to serve the manufactured home placed on it. The service shall be mounted on a treated pole or metal pedestal and shall have a disconnecting means consisting of a circuit breaker or a switch and fuses housed in a panel approved for exterior use. The power supply wiring from the service to the manufactured home shall be of a direct burial type, properly sized for service being connected and buried in the earth from the service to underneath the manufactured home. If the supply cable is encased in metal or plastic pipe the minimum depth buried shall be as required by the current adopted addition of the National Electrical Code. If a new or used manufactured home is replaced with another new or used manufactured home, then an inspection is required. A primary service line shall not be located across the top of a manufactured home.

12.

Identification. Manufactured home lots shall be plainly staked off or marked. Each manufactured home shall be permanently numbered with minimum two and one half inch (2-1/2") tall numbers and/or letters so they may be easily read from the street. The electrical service must also be permanently numbered for easy identification by meter readers. All lot numbers and street names shall be approved by the City of New Hope Fire Department.

13.

Blocking and Tie Downs. All units must be anchored and blocked to conform to standards found in Act 1 i-X19, 5219, 197 Alabama Legislature.

14.

Skirting. All manufactured homes shall have suitable skirting between the base of the trailer and the ground. This skirting shall be made of block, wood, vinyl, or other approved materials. Openings in the skirting shall not be more than two inches (2") square. Skirting shall be completed before utility services are turned on or a legal contract from a valid contractor performing the work is submitted to the building inspector indicating work will be completed in thirty (30) days or less, beginning date on said contract.

E.

Applicability to Existing Manufactured Home Parks. The provisions of this Ordinance shall not apply to any manufactured home park present in the City limits on the date this Ordinance becomes effective, nor shall compliance be required as a result of change of park ownership or if any manufactured home lot is vacated and then rented for another home except for the following:

1.

A manufactured home shall be at least twenty feet (20') from any other manufactured home measured at its closest point.

2.

A manufactured home shall be at least ten feet (10') from all exterior property lines and five feet (5') from all interior private streets in the park.

3.

A manufactured home replacing an existing manufactured home shall meet the above ten feet (10') minimum setback requirements and twenty foot (20') minimum spacing between manufactured homes.

4.

Requirements for skirting, utilities, blocking and tie downs as set forth in this Section shall be provided.

5.

All new or used manufactured homes moving into manufactured home parks shall be inspected. If a new or used manufactured home is replaced with another new or used manufactured home an inspection is required.

6.

A manufactured home park shall be considered to exist if a license has been issued, and substantial progress is being made toward completion of the development.

In order to provide for a clean, safe and healthy living environment for recreational activities in recreational vehicle parks the following standards are to guide the development of recreational vehicle parks. Plans meeting these minimum specifications will be approved by the Planning Commission in those Zoning Districts permitting conditional use for recreational vehicle parks.

A.

License.

1.

License Requirement. It shall be unlawful for any person to establish, operate or maintain, or permit to be established, operated or maintained upon any property owned, leased or controlled by him, a mobile home park without having first secured a license for each such park from the City Council pursuant to this Section. The license shall expire on December 31st of each year, but may be renewed under the provisions of this Section for additional periods of one year.

2.

Annual Fee. The annual license fee and per unit fee shall be assessed according to the fee schedule in use by the City of New Hope at the time of assessment. In the event an application is made during the license year, the fee for such license shall be prorated in proportion to the number of months remaining in the license year on the basis of one twelfth of the annual license fee per month.

3.

Application. The application for a new license or a renewal thereof shall be made on forms furnished by the City Clerk and shall include the name and address of the owner in fee of the tract; if the fee is vested in some other person, a duly verified statement by that person, that the applicant is authorized by him to construct or maintain the park and make the application, and such a legal description of the premises, upon which the park is or will be located as will readily and definitely locate the premises. The application shall be accompanied by one (1) copy of the park plan and one (1) copy of the special exception permit.

B.

Location Requirements. All recreational vehicles shall be placed only in approved recreational vehicle spaces in RV parks or designated spaces at manufactured home parks. The storage of unoccupied recreational vehicles shall be permitted only in those areas designated for storage on the approved final site plan.

C.

Standards for Design.

1.

Minimum Development Park Site Standard.

Development site area—3 acres

Street frontage—60 feet

Perimeter setback—20 feet

Front yard setback—50 feet

Open space (exclusive of perimeter setback)—10%

2.

Minimum Lot Standard. Each lot established in a recreational vehicle park shall meet the following size requirements:

Lot Size—2,100 square feet

Lot Width—35 feet

3.

Setback. Minimum service building front yard setback shall be fifty feet (50') from the property line.

4.

Access. Recreational vehicle parks shall be so located and designed that no entrance or exit shall require movement of traffic to or from the recreational vehicle park through a residential subdivision.

5.

Parking Requirement. Each recreational vehicle lot shall contain a stabilized level vehicle parking pad of a suitable all weather wearing surface material. The parking shall be located at least five feet (5') from a designated lot line.

6.

Parking Spaces. Two (2) parking spaces per lot shall be provided which can be part of the parking pad. Parking spaces shall be at least nine feet by eighteen feet (9' x 18') in size. No parking is allowed on the streets or roads fronting the recreational vehicle lot.

7.

Number of Spaces. In addition, the park shall provide adequate paved parking spaces for all service buildings or recreational facilities. The total parking requirement ration is one (1) parking space for every five (5) recreational vehicle lots.

8.

Utilities. Utilities shall be provided as follows:

a.

Sanitary facilities shall be provided in accordance with the requirements of the State of Alabama and the County Health Department. The location of sanitary facilities needs to be indicated on the plan and marked on the site. If a manufactured home park designates more than five (5) lots for recreational vehicle, it shall provide adequate sanitary facilities for the occupants of the recreational vehicle lots.

b.

Each recreational vehicle lot shall be provided with an individual service line delivering safe, pure, potable water with a cut-off installed on each lot.

c.

Each recreational vehicle lot shall be provided with an individual electrical service mounted on a pole or pedestal and shall have a disconnecting means consisting of a circuit breaker or a switch and fuses housed in a panel approved for exterior use. A minimum combination of fifty (50) AMP must be provided for each recreational vehicle lot.

9.

Garbage and Trash. Central trash collection points shall be completely screened from view from outside the park.

10.

Site Conditions. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The RV spaces shall not he exposed to objectionable smoke, noise, light, odors, or other adverse influences, and no portion of the park subject to flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards. To this end, all recreational vehicle spaces which are located in any designated flood zone shall conform to Section 8 Flood Plain Overlay Zoning District.

11.

Identification. Recreational vehicle lots shall be plainly staked off and marked. Each lot shall be permanently numbered with minimum two and one half inch (2-1/2") high numbers and/or letters so they may be easily read from the street. All lot numbers shall be approved by the City of New Hope Fire Department.

12.

Facilities and Equipment. All facilities and equipment on site must meet the Fire Safety Standards latest edition, NFPA 501 D Standards for Recreational Vehicle Parks and Campgrounds.

D.

Street Design. Vehicular use areas shall be paved and shall be clearly marked as to internal circulation and direction of travel. Pavement widths for travel lanes shall be as follows:

One-Way Travel Lane—14 feet

Two-Way Travel Lane—22 feet

Cul-de-Sac Diameter—80 feet

E.

Use Restrictions.

1.

Permanent Occupancy Prohibited. No recreational vehicle shall be used as a permanent place of residence, dwelling, or business. Continuous occupancy extending beyond three (3) months in any twelve (12) month period shall be considered prima-facie evidence of permanent occupancy. Users of the spaces shall meet all other applicable laws. Spaces shall be rented by the day, week or month only and an occupant of such space shall not remain in the same park for a period exceeding ninety (90) days.

2.

Removal of Vehicle Equipment Prohibited. Removal of the vehicle tag, wheels, tongue, hitch or A-frame, gas tanks or other vehicle equipment from a recreational vehicle shall be prohibited, and shall be considered prima facie evidence of permanent occupancy.

3.

Attachments to Recreational Vehicles Prohibited. Attachments to recreational vehicles shall be prohibited, with the sole exceptions of pop-out units and similar structures which are integral to the recreational vehicle as originally manufactured.

F.

Approval of Park for Occupancy. After all required improvements have been completed for a recreational vehicle park, or an approved construction stage of the park, the Building Official shall certify completion of all improvements in accordance with construction drawings and shall certify the completed recreational vehicle lots as being approved for occupancy. Until a recreational vehicle lot is approved for occupancy, no recreational vehicle shall be placed thereon.

G.

Submission of Plans and Issuance of Building Permit. A site plan shall be submitted to the Zoning Officer for review showing the following items. After satisfactory review, the plan shall be submitted to the Building Official for the issuance of a building permit.

1.

Title, scale, north point, date, and name of site planner.

2.

Existing buildings and structures.

3.

Streets, layout.

4.

Service and maintenance building if applicable.

5.

Recreational vehicle lots consecutively numbered or lettered.

6.

Street (driveways) and parking spaces with dimensions.