Williston City Zoning Code
SECTION 15
R-5: Mobile Home Court District.
[Ord. No. 613, Ord. No. 645, Ord. No. 672, Ord. No. 617, Ord. No. 811, Ord. No. 850, Ord. No. 959, Ord. No. 1007, Ord. No. 1011, Ord. No. 1028, Ord. No. 1062]
A.
Intent. This district is intended primarily for mobile homes and/or manufactured homes in mobile home courts at moderately high population densities except where sewer and water are provided on an individual basis. This district is intended to provide reduced housing costs while providing for a pleasant and healthy residential environment protected from potentially adverse neighboring influences.
It is intended that such mobile home courts shall be so located, designed, and improved as to provide protection for adjacent properties, access for vehicular traffic without traversing minor streets in adjoining residential neighborhoods, and accessibility equivalent to that for other forms of permitted residential development to public facilities, places of employment, and facilities for meeting commercial and services needs not met within the mobile home court.
It is the intent of this ordinance to require all mobile home courts which have been constructed under the requirements in Subsection N. 4 and 5 herein to continue to meet these requirements. Established mobile home courts built prior to and in non-conformity to the requirements in Subsections A through N. 3 shall meet these requirements as individual units are moved into the court even if the mobile home is zoned for a use other than a mobile home court. Certain structures and uses required to serve governmental, educational, religious, recreational, and other needs of residential areas are allowed in this district as permitted or special permitted uses subject to restrictions intended to preserve and protect the residential character of the district.
Permits for the construction of buildings within the mobile home court and for the moving of mobile homes and/or manufactured homes on lots within the mobile home court shall be required of the mobile home court owner/manager, however, the mobile home/manufactured home owner may obtain the permit with mobile home court owner/manager approval.
B.
Minimal dimensional requirements, minimum number of lots or spaces to be available at time of opening and density. Where a district is to be established for the development of a mobile home court, the minimum area shall be five acres. The minimum width of a tract for portions used for general vehicular entrances and exits only (other than alleys or service entrances) under a private arrangement shall be not less than 40 feet curb to curb for portions containing lots for dwellings and buildings open generally to occupants, the minimum dimension shall be 200 feet. The minimum number of lots or spaces completed and ready for occupancy before first occupancy is permitted, shall be 35 lots or 50% of the total proposed lots, whichever is less.
C.
Permitted uses and structures. The following shall be permitted:
1.
One and two-family mobile homes and/or manufactured homes.
2.
Parks, playgrounds, and noncommercial recreational facilities such as golf courses, swimming pools, tennis courts, game rooms, libraries, and the like.
3.
Structures and uses required for operation of a public utility, performance of a governmental function, or performance of any function necessary for the construction, operation, or maintenance of mobile home courts, excepts for those requiring special approval as provided in Subsection E.
In mobile home courts, recreational vehicles shall not be occupied as living quarters and sales lots shall not be permitted. Areas within mobile home courts may be designated for recreational vehicle use for individuals in transit provided such designated area is approved by the City and State (see Special Permitted Uses). Dwellings may be sold on lots they occupy in residential use.
D.
Permitted accessory uses and structures. Uses and structures that are customarily accessory and clearly incidental to permitted uses and structures shall be permitted, including:
E.
Special permitted uses. The following shall be considered for special permitted uses:
1.
Commercial and service facilities in mobile home courts. In mobile home courts so located that such facilities are not conveniently available in the neighboring area and containing at least 100 dwelling units, commercial and service establishments intended to serve only persons within the community, designed, improved, and located to protect the character of the community and the surrounding neighborhood, and occupying in total, including related parking area, not more than 5% of the area of the community, may be permitted.
2.
Outdoor storage areas in mobile home courts. In mobile home courts, outdoor storage areas, including those for recreational vehicles, may be permitted. Such areas shall be fenced with a minimum five-foot fence and so designed, improved, and located as to protect adjoining uses from adverse visual or other effects and shall occupy, in total, not more than 5% of the area of the mobile home court if within the boundaries of the main portion of the court. If the property includes a separate parcel or parcels for utility, maintenance, or storage facilities, the limitation as to area shall not apply. Use of such are shall be limited to occupants of the court.
3.
Group child care homes and child care centers.
4.
Recreational Vehicular Parks, provided that in addition to City special permitted use approval, the park meets all State Laboratories standards.
F.
Temporary uses. None, other than those allowed under Section 25.O.
G.
Minimum lot requirements. None.
H.
Minimum yard requirements. See Figure 1, Minimum Requirements for Mobile Home and/or Manufactured Home Placement in Existing Mobile Home Park.
1.
Interior yard requirements:
a.
Front yard: 15 feet along a public street; none along a private street.
b.
Side yard. No mobile home and/or manufactured home, attachment, or other structure may be located within 15 feet of any other mobile home, attachment, or structure on a bordering lot. The required side yard on the street side of a corner lot bordering a public street only shall be a minimum of five feet for the principal building and all accessory buildings. In addition, the following provisions shall be applicable.
(i)
A garage being entered from the street, whether it be attached or detached, must maintain a twenty-foot setback to prevent obstruction of public right-of-way.
c.
Rear yard. None when bordering a private street; 15 feet when bordering a public street except that when a garage is entered from a street or alley at right angles, it shall not be located closer than 20 feet from the rear lot line. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not be nearer than 15 feet from any structure on a neighboring lot. The rear yard setback for mobile homes and/or manufactured homes placed end to end without an intervening street or alley shall be five feet for each structure which maintains a distance of 10 feet between structures.
2.
Exterior yard requirements:
a.
Along public streets. Where mobile home courts adjoin public streets along exterior boundaries, a yard at least five feet in minimum dimensions shall be provided adjacent to such streets. Such yard may be used to satisfy yard requirements for individual lots, but no direct vehicular access to individual lots shall be permitted through such yards, and no group parking facilities or active recreation areas shall be allowed therein.
I.
Maximum lot coverage by buildings. The occupied area of a mobile home and/or manufactured home lot may not exceed 75% of the lot area.
J.
Minimum floor area. The minimum floor area for residences, excluding attached garage, shall be 600 square feet excluding the hitch.
K.
Maximum height of buildings. The maximum height of any building shall be 35 feet.
L.
(Reserved)
M.
Off-street parking requirements. See Section 25. H. Two spaces per dwelling. Required off-street parking shall be provided in such a manner that vehicles do not encroach on a public right-of-way.
N.
Other requirements.
1.
Mobile home court without water supply system or waste water treatment plant. In any mobile home court not served by a water supply system and waste water treatment plant the minimum lot size shall be one-half acre per dwelling unit, excluding streets and alleys.
2.
Mobile home and/or manufactured home placement, tiedown, skirting requirements. All mobile homes shall be placed on mobile home stands and anchored according to Part 4 of the Standard for the Installation of Mobile Homes including Mobile Home Court Requirements, NFPA, 501A, 1977, or later years, prior to occupancy.
All manufactured homes shall meet the Guidelines for Manufactured Housing Installations which shall comply with applicable Set-up and Installation Procedures that meet the manufacturer's installation requirements prior to occupancy.
Skirting shall be constructed of brick, stone, finished exterior wood, finished metal, or other acceptable materials approved by the Building Official. The skirting shall be in place within 30 days of the placement of the mobile home and/or manufactured home on the lot. The tongue and axle of the mobile home and/or manufactured home shall be removed if not covered by the skirting.
3.
Site plan approval required for mobile home courts. Before building permits may be issued for construction of mobile home courts, in addition to other required permits, reports, and reviews, the site plan must be approved by the Planning Commission and City Commission.
4.
Guides and standards for general site planning for new or redesigned mobile home courts. The following guides, and standards and requirements, shall apply in site planning for mobile home courts:
a.
External relationships. Site planning within the mobile home court shall provide protection of the development from potentially adverse surrounding influences and protection of surrounding areas from potentially adverse influences within the court.
(i)
Principal vehicular access points. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated heavy flows indicate need. In general, minor streets shall not be connected with streets outside the district in such a way as to encourage the use of such minor streets by substantial amounts of through traffic. No lot within the community shall have direct vehicular access to a street bordering the development.
(ii)
Access for pedestrians and cyclists. Access for pedestrians and cyclists entering or leaving the court shall be by safe and convenient routes. Such ways need not be adjacent to, or limited to, the vicinity of vehicular access points. Where there are crossings of such ways and vehicular routes at edges of planned developments, such crossings shall be safely located, marked, and controlled; and where such ways are exposed to substantial vehicular traffic at edges of courts, safeguards may be required to prevent crossings except at designed points. Bicycle paths, if provided, shall be so related to the pedestrian way system that street crossings are combined.
(iii)
Yards, Fences, Walls, or Vegetative Screening at Edges of Mobile Home Courts.
See Section 25.R, Landscaping.
b.
Internal relationships. The site plan shall provide for safe, efficient, convenient, and harmonious groupings of structures, uses, and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features, particularly the following:
(i)
Streets, drives, and parking and service areas. Streets, drives, and parking and service areas shall provide safe and convenient access to dwellings and mobile home court facilities and for service and emergency vehicles; but streets shall not be so laid out as to encourage outside traffic to traverse the court, nor occupy more land than is required to provide access as indicated, nor create unnecessary fragmentation of the court into small blocks. In general, block size shall be the maximum consistent with use, the shape of the site, and the convenience and safety of the occupants.
(ii)
Street standards. Streets that are to be dedicated to the jurisdiction, if any, shall be dimensioned and improved in accord with general subdivision regulations. For other streets, required paving widths shall have a moving lane width of 12 feet for collector streets and 10 feet for minor streets, with parallel parking lanes of eight feet in locations where on-street parking is to be permitted.
(iii)
Ways for pedestrians and cyclists; use by emergency, maintenance, or service vehicles. Walkways shall form a logical, safe, and convenient system for pedestrian access to all dwellings, project facilities, and principal off-street pedestrian destinations. Maximum walking distance in the open between dwelling units and related parking spaces, delivery areas, and trash and garbage storage areas intended for use of occupants shall not exceed 100 feet. Walkways to be used by substantial numbers of children as play areas or routes to school, bus stops, or other destinations shall be so located and safeguarded as to minimize contacts with normal auto- motive traffic. If substantial bicycle traffic is anticipated and an internal walkway system is provided away from streets, bicycle paths shall be incorporated in the walkway system. Street crossings shall be held to a minimum on such walkways and shall be located and designed to provide safety, and shall be appropriately marked and otherwise safeguarded. Ways for pedestrians and cyclists, appropriately located, designed, and constructed, may be combined with other easements and used by emergency maintenance or service vehicles but shall not be used by other automotive traffic.
(iv)
Protection of visibility. Visibility on public streets within a mobile home court shall be in accord with the provisions set forth in Section 25.A. On a corner lot on a private street, however, visibility triangles provided at an intersection shall be formed by the intersecting edges of the driving surface (projected where corners are rounded) and a line joining points 20 feet along both intersecting edges from such point of intersection. At street intersections of driveways serving parking bays with 10 or more spaces, similar visibility triangles shall be maintained. At street intersections of other driveways, the required visibility triangle shall consist of the area within the intersecting edges of the driving surface (projected) and a line joining points 10 feet along both intersecting edges from such point of intersection.
(v)
Lots and location for dwelling on lots. The limits of each mobile home and/or manufactured home lot shall be clearly marked on the ground by permanent flush stakes, markers, or other suitable means.
Lots shall be so located with respect to streets as to make practical the placement of the mobile home and/or manufactured home for occupancy. In determinations concerning satisfaction of this requirement, the proposed manner of placement shall be considered. Location on the lot shall be suitable for the type of mobile home and/or manufactured home proposed, considering size, required open spaces, and manner of support. Mobile home and/or manufactured home lots shall be designed so that the minimum lot width shall be 50 feet and the minimum area shall be 5,000 square feet. In addition, the court should be designed with the following yard requirements:
(a)
Interior yard requirements:
(1)
Front yard: 20 feet along a public street; 15 feet along a private street.
(2)
Side Yard No mobile home and/or manufactured home, attachment, or other structure may be located within 15 feet of any other mobile home and/or manufactured home attachment, or structure on a bordering lot. The required side yard on the street side of a corner lot shall be a minimum of 15 feet for the principal building and all accessory buildings provided as follows:
A garage being entered from the street, whether it be attached to or detached, must maintain a twenty-foot setback to prevent obstruction or public right-of-way.
(3)
Rear yard. The rear yard setbacks shall be a minimum of 15 feet when bordering a street or 10 feet when bordering an alley except that when a garage is entered from a street or alley at right angles, it shall not be located closer than 20 feet from the rear lot line.
Accessory buildings may be built in a required rear yard, but such accessory buildings shall not be nearer than 15 feet from any structure on a neighboring lot. The rear yard setback for mobile homes and/or manufactured homes placed end to end without an intervening street or alley shall be 7.5 feet for each structure which maintains a distance of 15 feet between structures.
(b)
Exterior yard requirements:
(1)
Along public streets. Where mobile home courts adjoin public streets along exterior boundaries, a yard of a least 15 feet in minimum dimensions shall be provided adjacent to such streets. Such yards may be used to satisfy yard requirements for individual lots, but no direct vehicular access to individual lots shall be permitted through such yards, and no group parking facilities or active recreation areas shall be allowed therein.
(2)
At Edges of the R-5 Districts Other Than Streets or Alleys.
Where mobile home courts adjoin neighboring districts without an intervening street, alley, or other permanent open space, at least 15 feet shall be maintained between the mobile home and/or manufactured home and boundary line. Where the adjoining district is Residential, the same limitations on occupancy and use of such yards shall apply as stated in part 4(b)(v)(2)(a) above concerning yards on public streets.
5.
Mobile home playgrounds. Each mobile home court containing 25 or more lots shall provide playground space equivalent to one lot for every 25 lots in the court. 75% of the playground space, up to one acre, shall be contiguous. A plot plan is to be submitted to the Building Official and Planning Commission indicating type and placement of playground equipment in the playground. The playground shall be fully developed within one year after the first occupancy.
EXHIBITS FIGURE 1. MINIMUM REQUIREMENTS FOR MOBILE HOME PLACEMENT IN EXISTING MOBILE HOME PARK  |