Newark Village City Zoning Code
ARTICLE VII
Residence District R-3
§ 170-20 District intent.
The R-3 district currently, and in the future, exists to support the inclusion of mobile home uses within the Village as a means of providing affordable home choices.
§ 170-21 Permitted uses.
A.
Please refer to Chapter 170, Article IV, § 170-8, Schedule of Permitted Land Uses. The residential districts within the Village are hierarchical, that is, any use permitted in R-1 is also permitted in R-2 and R-3 and any use in R-2 is permitted in R-3, but not R-1, R-3 uses are only permitted in R-3.
B.
Other uses not specifically listed in § 170-8, Village of Newark Schedule of Permitted Land Uses, but deemed by the Zoning Board of Appeals to be similar in nature and compatible with the purposes of the R-3 Residence District. Once a use has been deemed similar in nature and compatible with the purposes of the district, special permit criteria shall be reviewed and a special permit issued, if approved. NOTE: In an R-3 Residence District, adult entertainment shall not be a permitted use.
§ 170-22 Area, yard, coverage, height and supplementary regulations.
R-3 | ||
|---|---|---|
Existing Mobile/Manufactured Home Parks | New Mobile/Manufactured Home Parks | |
Home units minimum separation | ||
Side | 20 feet | 25 feet |
Rear | 10 feet | 25 feet |
Minimum setback from | ||
Pavement edge of private park street | No restrictions | 30 feet |
Right-of-way of public street within the park | No restrictions | 30 feet |
Right-of-way of public street outside the park | No restrictions | 80 feet |
Property line | No restrictions | 50 feet |
Additional setback requirements for park additions | ||
Setback from residential district line | 250 feet | 250 feet |
Average density | No restrictions | Shall not exceed 7.5 units per acre |
Lot area minimum | No restrictions | 5,000 square feet |
Average width minimum | No restrictions | 50 feet |
Supplemental regulations as set forth in Article XIV | Yes | Yes |
§ 170-23 Private garages and other accessory buildings for residential uses.
A.
No detached garage or other accessory building shall be placed closer to the rear or side property line than four feet. NOTE: Front setback must be met.
B.
No detached garage or other detached accessory building shall exceed 12 feet in height to the eave.
§ 170-24 Mobile home parks.
A.
Purpose. It is the purpose of this section to regulate mobile home parks, provide diversity in housing choice, as well as greater opportunities for obtaining moderate cost housing, and to encourage, stabilize and promote the development of well-planned mobile home parks. At the same time, the Village does not desire the large-scale development of such parks to the extent that such large areas of the Village become devoted to such use that single-family residences would appear out of place. Accordingly, areas shall be zoned as an R-3 District only upon application for a specific proposal in accordance with the normal rezoning procedures. In reaching its decision, the Village Board shall consider the general criteria set forth in this article, the most current Comprehensive Plan for the Village and this statement of purpose. Areas proposed to be zoned R-3 shall be in an area served by water, gas, storm and sanitary sewers. All mobile home parks commenced henceforth shall be in conformity with this article.
B.
All mobile homes must abide by the New York State Residential Building Code, Appendix E.
C.
Location. A mobile home will be permitted in the Village of Newark only if located in a duly authorized R-3 zoned mobile home park, except where otherwise specifically authorized.
D.
License for mobile home park. No person or persons, owning or occupying any land in the Village of Newark, shall use or permit the development and use of such land as a mobile home park without first obtaining a license therefor from the Village Code Enforcement Officer upon payment of a fee to be determined from time to time by resolution of the Village Board. Such licenses shall be renewable annually. Thereafter, each mobile home shall be assessed on the tax rolls of the Town of Arcadia against the mobile home park owners in accordance with § 102 of the New York State Real Property Tax Law.
E.
License application requirements; new mobile home park.
(1)
An application for an original license for the mobile home park shall be filed with the Village Code Enforcement Officer. No license for a new mobile home park shall be issued by the Village Code Enforcement Officer unless the Village Board has given written authorization in accordance with the provisions of this section.
(2)
Application for mobile home park licenses shall include but not be limited to all materials as may be deemed necessary, such as:
(a)
Name and address of each applicant, if an individual, or of each and every partner, if a partnership, or the name and address of the principal officers and shareholders, if a corporation.
(b)
Name and address of the owner of the land upon which the mobile home park is to be located.
(c)
A legal description of the property upon which the mobile home park is to be located.
(d)
Site drawings of the proposed mobile home park, indicating how it is to be designed, such as to conform with the requirements of this section.
(e)
The proposed method of connection to and identification of public water supply, public sewage and drainage systems to be used.
(f)
Site plans and written descriptions of all buildings, streets, parking areas, recreation and open spaces and landscaping to be constructed or provided within the mobile home park.
(g)
An indication of existing topography and drainage patterns, including wet or swampy areas.
(h)
A copy of all property park rules and regulations; a list of management and tenant responsibilities; a written statement of any fees to be used in connection with the use of any mobile home lot.
(i)
Such further information as the developer may feel is necessary to describe his or her intent and ability to comply with health, safety and environmental standards of this section.
(j)
An area of not less than 10 acres.
(3)
An application shall be filed with the Village Code Enforcement Officer, and such filing fee shall be consistent with adopted fee schedules.
F.
Application requirements; annual license renewals.
(1)
An application for license renewal for a mobile home park shall be filed annually with the Village Code Enforcement Officer. Each mobile home shall be assessed on the tax rolls of the Town of Arcadia against the mobile home park owner(s) in accordance with § 102 of the New York State Real Property Tax Law.
(2)
Applications for mobile home park license renewals shall include the following:
(a)
Name and address of each applicant, if an individual, or of each and every partner, if a partnership, or the name and address of the principal officers and shareholders, if a corporation.
(b)
Name and address of the owner of the land upon which the mobile home park is located.
(c)
A copy of all current park rules and regulations, and/or a list of current management and tenant responsibilities.
(3)
Every application for a license or renewal thereof shall be submitted along with payment of an application fee to be determined from time to time by resolution of the Village Board.
G.
Regulations for temporary mobile home permits.
(1)
The Zoning Board of Appeals may issue a temporary permit for a mobile home not located in a mobile home park upon proof to such Board of special necessity. "Special necessity" shall consist of circumstance where a mobile home will serve as an interim dwelling in the event that a permanent residence has been damaged or destroyed beyond conditions of habitability.
(2)
No such interim permit shall be issued unless a showing has been made of the following:
(a)
The mobile home shall be supplied with its own potable water from a public or private source approved by the New York State Health Department and Village of Newark.
(b)
An adequate and safe sewage disposal system, approved by the New York State Health Department and the Village of Newark, shall be provided.
(c)
The mobile home shall be provided with a mobile home stand or foundation capable of maintaining the mobile home in a stable position.
(d)
All required setbacks shall be maintained.
(3)
Any mobile home located pursuant to this section shall be removed within six months from the date of issuance of the temporary permit. A temporary permit approved pursuant to this section shall be issued by the Village Code Enforcement Officer at a fee as required by resolution from time to time by the Village Board. Extensions of three months each may be granted by the Zoning Board of Appeals.
(4)
An application for a temporary permit shall be filed with the Village Clerk, and such filing fee shall be consistent with approved fees.
H.
Procedures for establishing R-3 Mobile Home Park Districts. The procedure for creating an R-3 Mobile Home Park District shall be the same as the procedure for an application for rezoning under state laws and Village ordinance, except that:
(1)
Prior to entertaining an application to rezone an R-3 Mobile Home Park, the Village Board shall require the applicant to obtain preliminary site plan approval from the Planning Board. For such preliminary site plan approval, the requirements of Chapter 134, Site Plan Review, of this Code shall apply.
(2)
The creation of an R-3 Mobile Home Park District by the Village Board shall be conditional upon the applicant obtaining final site plan approval from the Planning Board within 180 days of the rezoning to an R-3 Mobile Home Park District.
I.
Additions to mobile home parks.
(1)
Rezoning required. Where rezoning of contiguous land is required to add an addition to an existing mobile home park, the procedure shall be that set forth in Subsection H of this section.
(2)
No rezoning required. Additions to mobile home parks which involve adding units through increased density, or extensions of parks in districts zoned mobile home park, shall be treated as an application for subdivision approval, and applications therefor shall be made to the Village Board.
J.
Site requirements; new mobile home parks or expansion of existing mobile home parks.
(1)
Natural features.
(a)
Topography, groundwater level, surface drainage and soil conditions shall not be such as to create hazards to the property or to the health and safety of the occupants of the area.
(b)
Soils should have sufficient bearing and stability properties to provide adequate support for mobile home installations and should be of sufficient depth to sustain lawns, trees and other vegetation.
(c)
Mobile home park plans shall show existing tree masses or trees over six inches in diameter at a four-foot height, hedgerows and other notable existing natural features, such as streams or rock formations. Such natural features shall be retained as much as possible in the site plan.
(2)
Layout and unit placement.
(a)
Mobile home units within a park must be separated by a distance of at least 25 feet from each other.
(b)
Setback. No mobile home shall be located less than 30 feet from the pavement edge of a private park street or 30 feet from the right-of-way of any public street within a mobile home park.
(c)
Density. Average density in a mobile home park shall not exceed 7.5 units per acre.
(d)
Minimum lot size. No lot in a mobile home park shall be less than 5,000 square feet. All lots therein shall have an average width of not less than 50 feet.
(e)
No addition to any mobile home park shall be constructed within 250 feet of the line of any residential district. A fifty-foot strip immediately adjoining said residential district shall be maintained as a landscaped buffer area pursuant to § 170-47C. No mobile home lot, office or service building shall be closer to a public street right-of-way line than 80 feet nor closer to a property line than 50 feet.
(3)
Roadways and parking.
(a)
Road construction. All private mobile home park roads shall be at least 25 feet in width with paved or concrete surface and capable of providing safe passage for emergency vehicles.
(b)
All dedicated park roadways shall be constructed to the Village's roadway requirements. The maximum speed limit on all park roads shall be 15 miles per hour.
(c)
Parking. Two off-street parking spaces shall be provided for each mobile home site. Such spaces may be located on the individual lot or grouped in a nearby location to serve several mobile home sites.
(d)
Auxiliary vehicle storage. A temporary parking or storage area for travel trailers, campers, snowmobiles and similar auxiliary vehicles shall be provided for the use of the park residents and guests. The park operator shall encourage residents and park visitors to utilize the storage areas and shall establish rules governing the parking of auxiliary vehicles.
(e)
Park entrance and exit. There shall be no less than two park entrances and exits for use in ingress and egress from the mobile home park. All entrances and exits shall be kept free of snow, ice and debris at all times and maintained so as to permit unhampered use of the same by park residents and visitors.
(4)
Facilities and open space.
(a)
If community facilities and activities are to be included in the proposed mobile home park, the plan shall include details of these facilities.
(b)
All community facilities shall be landscaped with trees, shrubs and grass and shall provide adequate parking space.
(c)
Community facilities and activities shall be located and designed in a manner that will be a visual asset. The mobile home park community facilities shall be constructed of material that will be compatible with the residential character of the park.
(d)
Open spaces. All mobile home parks established after the adoption of this section shall set aside not less than 5% of the gross land area for recreational use, including playgrounds for young children and/or separate areas for more passive enjoyment by adults. Such spaces shall be approved by the Planning Board as being usable for such purposes and shall be accessible to all lots in the park area.
(5)
Mobile home installations.
(a)
Support of the mobile home unit. Each mobile home site shall be provided with adequate support per New York State Residential Code.
(b)
Patios. Each mobile home shall be provided with a patio not less than eight feet in width and 200 square feet in area. The patio shall be constructed with sufficient base material to ensure stability and surfaced with paving stones, reinforced concrete or similar material.
(c)
Accessory building. One detached accessory storage building up to 144 square feet in area may be placed on an individual mobile home lot. Accessory buildings shall not be within 20 feet of the pavement edge or within four feet of any lot line within the mobile home park and shall be a minimum of 10 feet from any home or other structure.
(d)
Sidewalks. Concrete sidewalks shall be constructed to each mobile home stand from a street, roadway or parking space connected to a street. Common walks shall be provided in areas where pedestrian traffic is concentrated or special hazards exist, such as at the entrance to the park, along major roads, to the office and other important facilities.
(e)
Lighting. All mobile home park roads and lots and facilities shall be furnished with outside lighting to ensure the safe movement of vehicles and pedestrians at night. Such lighting shall be placed to minimize glare and approved as to type and location by the Planning Board. Electric service to such lights shall be installed underground.
(f)
Mobile home installation. At the time of installation of the mobile home, the tires and wheels, and the hitch, if practical, shall be removed and the unit shall be securely blocked, leveled, tied down and connected to the required utility systems and support services.
(g)
Skirting. The mobile home shall be completely skirted prior to issuance of a certificate of occupancy. Materials used for skirting shall provide a finished exterior appearance and shall be similar in character to the material used in the mobile home.
(h)
Expansions and extensions. Expandable rooms and other extensions to a mobile home unit shall be constructed in accordance with New York State Residential Code. A building permit shall be required for all expansions and extensions. Skirting shall be required among the base of all such expansions or extensions.
(i)
Entrance steps. Entrance steps shall be installed at all doors leading to the inside of the mobile home. Such steps shall be constructed of materials intended for permanence, weather resistance and attractiveness and shall be equipped with handrails which will provide adequate support for users.
(6)
Water supply, sewage and solid waste disposal.
(a)
Connection to a public water supply shall be made in accordance with required specifications.
(b)
Each mobile home park shall have a connection to a public sewage disposal system.
(c)
Plans of all sewage disposal systems shall be subject to the review and approval of all agencies having jurisdiction.
(d)
Each mobile home park shall have sufficient covered containers for refuse so as to properly take care of all garbage and rubbish, and the same shall be emptied and the contents properly disposed of by the owner or operator of the park. If group solid waste storage areas are provided for park occupants, they shall be enclosed or otherwise screened from public view and shall be rodent- and animal-proof. Such group solid waste storage areas shall not be located more than 500 feet from any mobile home site which they are to serve, nor within 100 feet of any exterior park property line.
(7)
Utilities, services and fuel systems.
(a)
In any mobile home park constructed after the date of the adoption of this section, all electrical distribution service, telephone and cable television lines shall be installed underground.
(b)
Every mobile home park occupant shall provide for the safe storage of necessary fuels. All systems shall be installed and maintained in accordance with the applicable codes and regulations governing such systems.
(c)
Every mobile home park occupant shall provide their own natural gas installation and fuel oil systems designed, constructed, inspected and maintained in a safe and proper manner and in compliance with all rules and regulations governing the same.
(8)
Fire protection.
(a)
The mobile home park plan shall meet all requirements of the fire district wherein said park is located, and it shall comply with such rules and regulations.
(b)
Common areas of mobile home parks shall be kept free of litter, rubbish and other flammable materials by the park operator. Each lot shall be kept free of litter, rubbish and other flammable materials by the lot occupant.
(c)
Each park operator shall include, as a requirement of the rules and regulations of his or her park, a requirement that all mobile homes thereon shall be equipped with the proper number of smoke detection devices and carbon monoxide detectors as per New York State Fire Code.
K.
Existing mobile home park site requirements.
(1)
Applicability. This section shall apply only to mobile home parks to which a license has been issued prior to the date of the adoption of this article, and provided that said license is in effect on said date.
(2)
Layout and unit placement.
(a)
Setback requirements. Mobile home units within a park must be separated by a distance of not less than 20 feet from each other on both sides, and not less than 10 feet from each other on the rear side. There shall be a ten-foot front setback requirement pertaining to said mobile home units. No new or used mobile homes shall be moved onto any lot in any mobile home park after the adoption of this section, unless it shall comply with the aforesaid setback requirements. Said requirements shall not, however, impair or effect present and existing setbacks on mobile home units presently on any lot in any mobile home park as of the date of the adoption hereof.
(b)
No addition to any mobile home park shall be constructed within 250 feet of the line of any other residential district, which area, a fifty-foot strip immediately adjoining said residential district, shall be maintained as a landscaped buffer.
(3)
Roadways.
(a)
Road construction. All newly constructed park roads shall be hard-surfaced roads not less than 25 feet in width.
(b)
All park roadways shall be graded, leveled and surfaced as to permit the safe passage of emergency and other vehicles. The maximum speed limit on said roads shall be posted for 15 miles per hour.
(c)
Maintenance of roadways. All private roadways within mobile home parks, and all entrances and exits within said parks, shall be kept free of snow, ice and debris and maintained so as to permit unhampered use of the same by park residents, visitors and emergency vehicles.
(4)
Mobile home installation.
(a)
Support of the mobile home unit. Each mobile home site shall be provided with a stand which will give a firm base and adequate support for the mobile home. Such stand shall have a dimension approximating the width and length of the home and any extensions or expansions thereto.
(b)
Accessory buildings. No accessory building may be erected on any lot unless such structure conforms in all particulars with the requirements of this chapter and other appropriate codes, as they may be amended from time to time. No more than one utility building shall be allowed on any one lot, and such building shall not exceed a total of 144 square feet of ground area. An accessory building shall not be within 20 feet of the pavement edge, or within four feet of any lot line, and a minimum of 10 feet from any other home or structure in the mobile home park.
(c)
Lighting. All mobile home park roads and facilities shall be furnished with outside lighting to ensure the safe movement of vehicles and pedestrians at night. The minimum requirements for such shall be a streetlight at the end of any street or private roadway, and at the intersection of each street or roadway, which shall be lighted from a period 30 minutes after sunset to 30 minutes before sunrise each day.
(d)
Mobile home installation. At the time of the installation of the mobile home, the unit shall be securely blocked and leveled and connected with existing utility systems and support services.
(e)
Skirting. The mobile home shall be completely skirted prior to issuance of certificate of occupancy.
(f)
Expansions and extensions. Expandable rooms and other extensions to a mobile home unit shall comply with applicable federal and state codes relating thereto.
(g)
Entrance steps. All mobile home units shall have at least one approved set of steps including a platform and handrail. Residents at the time of adoption of this section shall have one year from the time of adoption to comply with this requirement.
(5)
Water supply, sewage and solid waste disposal.
(a)
Each new unit moved onto any lot in a mobile home park shall be hooked up to the existing sanitary sewer system and the public water supply, and such hookup shall be inspected by the Code Enforcement Officer, and the appropriate fee paid for said inspections, as may be established from time to time by the Village Board.
(b)
All refuse, garbage and solid waste shall be stored in covered refuse containers. Said containers shall be emptied and the contents properly disposed of by the owner or operator of the mobile home park.
(c)
Each mobile home unit shall have a water connection to a public water supply system.
(6)
Fuel systems. Every mobile home park occupant shall provide for the safe storage of necessary fuels. All systems shall be installed and maintained in accordance with the applicable codes and regulations governing such systems.
(7)
Fire protection.
(a)
Common areas of mobile home parks shall be kept free of litter, rubbish and other flammable materials by the park operator. Each lot shall be kept free of litter, rubbish and other flammable materials by the lot occupant.
(b)
Each mobile home unit shall be equipped with the proper number of smoke detection devices and carbon monoxide detectors as per New York State Fire Code.
L.
Park operation and maintenance.
(1)
Responsibilities of park operator.
(a)
The person to whom a license for a mobile home park is issued shall operate the park in compliance with this section and shall provide adequate supervision to maintain the park, its common grounds, streets, facilities and equipment in good repair and in a clean and sanitary condition.
(b)
The park operator shall post a copy of this section at the manager's office and provide each park occupant with a copy of the same upon request.
(c)
The park operator shall inspect the placement of each mobile home on its mobile home stand.
(d)
The park operator shall maintain a register containing the names of all occupants and the make, year, seal and serial number, if any, of each mobile home. Such register shall be available to any person designated under Subsection M of this section.
(e)
The park operator shall notify the Code Enforcement Officer at least five days prior to when a mobile home is removed, placed or relocated in a mobile home park and a building/demolition permit must be obtained.
(f)
The holder of every license pursuant to the provisions of this section shall file with the Village's Assessor and Code Enforcement Officer, as required, a duly verified record of all mobile homes located within said park on such date as established by the Assessor for the tentative tax date, together with the date such vehicle/mobile home first was permitted to park therein and with the make, model, year and size of each of said vehicles/mobile homes.
(2)
Responsibilities of park occupants.
(a)
The park occupant shall be responsible for the maintenance of his or her mobile home, and any appurtenances thereto, and shall keep all yard space on his or her site in a neat and sanitary condition.
(b)
It shall be the responsibility of each mobile home occupant to keep his or her site free of litter, rubbish, unused and unlicensed vehicles and equipment or parts thereof.
(c)
Depending on the rules of the individual park, the park operator may provide all required maintenance, including common areas as well as individual mobile homes and mobile home sites.
M.
Enforcement; right of entry.
(1)
This section shall be enforced by the Code Enforcement Officer of the Village of Newark, as may from time to time be necessary to ensure conformance with the provisions of this section.
(2)
Said official shall be authorized and have the right in the performance of his or her duties hereunder to enter any mobile home park and make such inspections as are necessary to determine compliance with this section. Such entrance and inspection shall be accomplished at reasonable times after prior notice to the park operator and, in emergencies, whenever necessary to protect the public health, safety and welfare. Owners, agents or operators of a mobile home park shall be responsible for providing access to all parts of the premises within their control to the Code Enforcement Officer or to his or her inspectors acting in accordance with the provisions of this section.
N.
Duties of the Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer to make necessary inspections and to investigate all complaints made under this section and to request the Village Attorney to take appropriate legal action of all violations of this section.
O.
Preexisting nonconforming uses. Nothing in this section shall impair or effect the lawful use of property in any mobile home park which existed as of the date of adoption of this section or make illegal such use provided that such use was in existence as of the date of the adoption hereof and further provided that such use is uninterrupted and continuous hereafter.