Rothbury City Zoning Code

MHP MANUFACTURED

HOUSING COMMUNITY DISTRICT

§ 154.160 STATEMENT OF PURPOSE.

(A) In recognition of the growing trend toward manufactured housing and manufactured housing parks and the need for well-located and properly-developed areas to accommodate them, this District is designed to provide for the use under appropriate construction and development standards, and to promote the health, safety, and general welfare of the residents of the areas, as well as the residents of adjoining premises.

(B) The area zoned for these purposes should be able to accommodate the increased traffic generated from the developments as well as the sanitary requirements of the same.

(C) The area should also be suitable for residential use and should be so located as not to impede other, more conventional residential developments in the vicinity.

(Prior Code, § 154.160) (Ord. 48, passed 6-21-2005)

§ 154.161 ALLOWED USES.

Manufactured housing communities, together with accessory buildings and uses customarily incident thereto, including a residence for the manufactured housing community owner or operator and his or her family, but excluding any retail sales of manufactured housing unless the same are located upon a developed manufactured housing site, subject, however, to the following conditions and limitations:

(A) All manufactured housing communities shall comply with the requirements imposed by Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 through 125.2350, and any and all amendments thereto, and with any and all regulations promulgated thereunder by the State Mobile Home Commission and the State Department of Public Health;

(B) Essential services; and

(Prior Code, § 154.161) (Ord. 48, passed 6-21-2005)

§ 154.162 ACCESSORY STRUCTURES AND USES.

(A) Home occupations;

(B) Clubhouses;

(D) Manager’s office;

(E) Parking facilities;

(F) Parks, playgrounds, and recreational open spaces;

(G) Personal pet facilities, including dog runs;

(H) State-licensed residential facilities are considered accessory uses; provided that they meet the requirements of this section and Public Act 218 of 1979, being M.C.L.A. §§ 400.701 through 400.737, the Adult Foster Care Facility Licensing Act, as amended. State-licensed residential facilities include foster family homes, foster family group homes, adult foster care family homes, and adult foster care small-group homes;

(I) Storage sheds;

(J) Swimming pools;

(K) Park offices and residential quarters for the Park Manager, or his or her agent; and

(L) Accessory buildings and uses incidental to a manufactured housing park such as maintenance garage and storage facilities.

(Prior Code, § 154.162) (Ord. 48, passed 6-21-2005)

§ 154.163 SPECIAL LAND USES.

(A) Essential services; and

(B) Farming activities undertaken pursuant to the State Right to Farm Act, and exercised in accordance with generally-accepted agricultural and management practices.

(Prior Code, § 154.163) (Ord. 48, passed 6-21-2005; Ord. 49, passed 6-19-2007)

§ 154.164 HEIGHT, AREA, AND DIMENSION REGULATIONS.

The use of land and buildings in this zoning District shall meet all regulations as in the Mobile Home Commission Rules Handbook, as amended.

(Prior Code, § 154.164) (Ord. 48, passed 6-21-2005)

§ 154.165 BASIS FOR APPROVAL

While subordinate to Manufactured Housing Commission Rules, the Planning Commission may consider the following in review and approval of an application:

(A) Impact on adjacent land uses and the relationship of the development to the surrounding neighborhood;

(B) Location and design of driveways in relation to streets giving access to the site and pedestrian circulation; and

(Prior Code, § 154.165) (Ord. 48, passed 6-21-2005)

§ 154.166 SUBMITTAL OF PLANS AND APPROVAL.

(A) A completed preliminary plan review application must be received 21 days prior to the Planning Commission meeting at which it will be introduced.

(B) Ten copies of the preliminary plan and related information (documents) shall be submitted to the village together with the zoning application.

(C) Upon submission of a complete set of documents, the Planning Commission will review the plans in accordance with the conditions specified in this chapter including location, layout, and general design. The Planning Commission will provide a written response of approval or disapproval within 60 days following the receipt of a complete application.

(D) In the case of disapproval, the Planning Commission will provide the applicant an explanation as to the reasons for disapproval. Failure of the village to approve a complete set of documents within 60 days shall constitute approval.

(E) The village shall not approve preliminary plans until all of the following are received from the developer and are approved by the Department:

(1) The fee, as specified in the Act; and

(2) On a form prescribed by the Department, an application and required exhibits completely and accurately filled out and executed.

(F) All of the following exhibits shall be submitted with the application:

(1) Copies of all existing and proposed easements or dedications, if any. If easements or dedications do not exist, then the developer shall submit a statement to that effect with the application; and

(2) Evidence of title to the property, such as title insurance, a deed, a land contract, owner’s affidavit, or, if the property is not owned by the developer, the owner’s affidavit attesting to ownership and the granting of permission to develop the manufactured housing community project. If the developer has an option to purchase the property or is leasing the property, then the developer shall submit a copy of the purchase option or leasing agreement.

(Prior Code, § 154.166) (Ord. 48, passed 6-21-2005)

§ 154.167 GENERAL REQUIREMENTS.

(A) Maximum density. The manufactured housing development shall be developed with sites averaging 5,500 square feet per manufactured home unit. These 5,500-square foot sites may be reduced by 20%; provided that the individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through the reduction of a site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space. This open space shall be in addition to that otherwise required. The overall density of a manufactured housing community shall not exceed six units per gross acre.

(B) Layout. The layout of a manufactured housing community, including other facilities intended for resident use, shall be in accordance with acceptable planning and engineering practices and shall provide for the convenience, health, safety, and welfare of the residents.

(C) Signs. There shall be a maximum of one sign that will bear only the name of the establishment; have a maximum area of 32 square feet; may be lighted (provided the source of light is not visible and not the flashing or intermittent type); and be located from the street a distance equal to the required setback. As an alternative, there may be two signs, each of which is a maximum of 16 square feet.

(D) Commercial uses within the community. The resident, owner, or a licensed dealer or broker may sell new or pre-owned manufactured homes, which are to remain on-site in a manufactured housing community; provided that the manufactured housing development manager permits the sale. All other commercial uses of any kind are prohibited within the manufactured housing community.

(E) Utilities. All public and private utilities shall be located underground. Hookup to public sanitary sewer systems is required in manufactured housing communities if available within 200 feet at the time of preliminary plan approval. If a public system is unavailable, the manufactured housing community shall connect to a state-approved sewage system.

(F) Vehicular and sidewalk illumination. All vehicular and sidewalk systems within a manufactured housing community shall be illuminated as follows.

(1) Access points shall be lighted. If the public thoroughfare is lighted, then the illuminated level shall not be more than the average illumination level of an adjacent illuminated thoroughfare.

(2) At all internal road intersections and designated pedestrian crosswalks, the minimum illumination shall be not less than 0.15 foot candles.

(3) Internal roads, parking bays, and sidewalks shall be illuminated at not less than 0.05 foot candles.

(4) If a manufactured housing community directory is provided, then it shall be illuminated at not less than 3.15 horizontal foot candles on any entry on the directory.

(G) Required distances between homes and other structures. A home shall be in compliance with all of the following minimum distances as measured from the wall/support line or foundation line, whichever provides the greater distance:

(1) Twenty feet from any part of an attached structure of an adjacent home that is used for living purposes;

(2) Ten feet from either of the following:

(a) A parking space on an adjacent home site; or

(b) An attached or detached structure, or accessory of an adjacent home, that is not used for living purposes.

(3) Fifty feet from permanent manufactured housing community-owned structures, such as either of the following:

(a) Clubhouses; and

(b) Maintenance and storage facilities.

(4) One hundred feet from a baseball or softball field;

(5) Twenty-five feet from the fence of a swimming pool;

(6) Attached or detached structures or accessories that are not used for living space shall be a minimum distance of ten feet from an adjacent home or structure;

(7) Any part of an accessory, such as steps, porches, supported or unsupported awnings, decks, carports or garages, or similar structures, shall be set back the following minimum distances:

(a) Ten feet from the edge of an internal road;

(b) Seven feet from a parking bay off a home site;

(d) Twenty-five feet from a natural or human-made lake or waterway.

(8) A carport shall be in compliance with both of the following setbacks if it is completely open, at a minimum, on the two long sides and the entrance side:

(a) Support pillars that are installed adjacent to the edge of an internal road shall be set back four feet or more from the edge of the internal road, or two feet or more from the edge of a sidewalk; and

(b) The roof overhang shall be set back two feet or more from the edge of the internal road.

(9) Steps and their attachments shall not encroach into parking areas more than three and one-half feet;

(10) The length of a home site may vary; however, the minimum standards pertaining to the distance between homes shall be complied with; and

(11) The dividing line between an existing manufactured housing community and an expansion of the manufactured housing community shall be treated as a property line for the purpose of siting homes adjacent to the dividing line.

(H) Skirting. All homes must be anchored in accordance with the most current HUD setup and installation standards. Home skirting shall be vented in accordance with the manufacturer’s installation instructions. In the absence of instructions, louvered, or similar, vents shall have a minimum of 600 square inches of open space per 1,000 square feet of living space. A minimum of one vent shall be placed at the front and rear of the home and two at each exposed side. Access panels of sufficient size to allow full access to utility hookups located beneath the home shall be installed. Skirting, if any, shall be an exterior building material. Skirting shall be installed in a manner so as to resist damage under normal weather conditions, including damage caused by freezing and frost, wind, snow, and rain. A certificate of occupancy will not be issued until the mobile home is skirted, as required by Manufactured Housing Commission Rule 604, being Mich. Admin. Code R. 125.1604, as amended.

(I) Setbacks from property boundary lines. Homes, permanent buildings, facilities, and other structures abutting a public right-of-way shall not be located closer than 50 feet from the boundary line. If the boundary line runs through the center of the public road, then the 50 feet shall be measured from the road right-of-way line.

(J) Interior landscaping. All unpaved ground surfaces shall be covered with grass, trees, shrubs, flowerbeds, wood chips, stones, or other suitable ground cover capable of preventing soil erosion.

(K) Screening, buffering, and fencing. The landscaping shall consist of evergreen trees or shrubs at least three feet in height, spaced so as to provide a continuous screen at maturity. Alterative screening devices may be utilized if they conceal the manufactured housing development as effectively as the required landscaping described above.

(L) Speed limits and traffic signs.

(1) Speed limits on manufactured housing community internal roads shall not exceed 15 mph, shall be posted, and shall be enforced.

(2) All internal roads shall be clearly marked with appropriate traffic signs. Manufactured housing community egress roads shall be clearly marked with a regulation stop sign at the point of intersection with a public road.

(3) Internal roads shall be named and identified by signs located at all internal road intersections.

(4) Signs bearing the words “children playing” shall be appropriately located on all internal roads adjacent to recreational and playground areas.

(M) Designated open space requirements. A manufactured housing community that contains 50 or more home sites which are constructed according to a “permit to construct” issued under the Act shall have not less than 2% of the manufactured housing community’s gross acreage dedicated to designated open space, and not less than 25,000 square feet.

(Prior Code, § 154.167) (Ord. 48, passed 6-21-2005)

§ 154.168 FINAL CONSTRUCTION PLANS AND DRAWINGS.

(A) An architect or engineer who is licensed to practice in this state shall prepare the drawings that constitute the plans.

(B) More than one architect or engineer licensed in this state may prepare different segments of the same manufactured housing community construction plans.

(D) Each sheet shall contain the name of the manufactured housing community and the name and address of the firm responsible for the preparation of the sheet.

(E) Each sheet shall bear a seal and signature of the architect or engineer responsible for the preparation of the sheet.

(F) Optional improvements:

(1) Optional improvements such as swimming pools, tennis and basketball courts, and the like may be considered as fulfilling part of the entire total designated open space requirement; and

(2) Optional improvements shall be in compliance with current state or local building standards pertinent to construction, including obtaining the appropriate state or local permits pertinent to the facility or structure being constructed.

(Prior Code, § 154.168) (Ord. 48, passed 6-21-2005)

§ 154.169 OTHER REQUIREMENTS

No manufactured housing park shall contain less than ten acres in total lot area.

(Prior Code, § 154.169) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999

§ 154.170 SPECIAL PROVISIONS.

All manufactured housing parks to be located within the village shall be subject to the site plan review provisions of this chapter and subject to the following special provisions.

(A) Each site shall be provided with electrical connections, sewer and water connections, and off-street parking. Each mobile home shall utilize common water supply and sewage treatment facilities. The site area shall not include any common use areas, such as internal drives, and open space areas. Water and sewer connections shall be made to a municipal system, if, and when, available.

(B) Mobile homes shall be located on each site so that there shall be at least 20 feet of clearance between mobile homes. No mobile home shall be located closer than ten feet from internal drives.

(C) Walkways not less than 30 inches wide shall be provided from sites and service buildings, and shall be of hard surface.

(D) Internal drives shall be paved of bituminous or concrete surface and shall be a minimum of 20 feet wide.

(E) All drives and walkways within the park shall be lighted at night. On-site lighting shall not be directed toward adjoining properties.

(F) Each site shall be provided with two paved parking spaces, that one of these may be located in a guest parking area of the park.

(G) Adequately-screened refuse and garbage collection must be provided on park property.

(H) Service buildings shall be of permanent construction, conveniently located, well lighted, ventilated, and maintained in a sanitary manner.

(I) Fire extinguishers, fire standards, and precautions acceptable to the Township Fire Chief and pertinent state statutes shall be met.

(J) Open space and recreation areas shall be dedicated for not less than 10% of the gross area of the park, generally provided in a central location. The open space and/or recreation area may include space for community buildings and community-use facilities, such as adult recreation and child play areas, swimming pools, and the like. The area shall be useable open space and/or recreation area, and shall not include any part of individual “sites.”

(Prior Code, § 154.170) (Ord. 48, passed 6-21-2005)

§ 154.171 USE AND LOCATION.

The District may utilize manufactured housing communities that are licensed by the state under Public Act 96 of 1987, being M.C.L.A. §§ 125.2301 through 125.2350, and subject to the additional provisions of this chapter.

(A) Restrictions. The uses of this District are restricted to long term and/or permanent mobile home occupancy and are not to be construed to be a park for travel trailers or transients.

(B) Traffic conditions. A manufactured housing park shall not create traffic hazards or conflict with existing traffic patterns or those official traffic arteries or patterns proposed for future development by the village or state. A manufactured housing community shall not generate traffic through minor residential street systems, but shall provide direct access to major secondary or collector streets.

(C) Community facilities. A manufactured housing community shall be as located so to allow for the feasible connection to any existing or proposed future municipal water, sanitary, sewer, or storm drainage system.

(Prior Code, § 154.171) (Ord. 48, passed 6-21-2005)