CHAPTER 11 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS

Transcription

1 CHAPTER 11 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS Article I Article II In General Manufactured Home Park Closings ARTICLE I. IN GENERAL Sec Purpose. This chapter is adopted for the purpose of protecting the public health, safety, morals, comfort, convenience, and general welfare; to preserve the natural resources and prevent their destruction; and to promote the orderly and creative development of land devoted to manufactured home parks, manufactured homes, trailers and structures used for residential purposes. Sec Definitions. All applicable definitions as set forth in Chapter 25, Zoning, of this Code, are made a part hereof by reference. Sec Permitted Uses. No manufactured homes, trailer homes, trailer coaches, or any similar portable structures or vehicles as defined in Minnesota Statutes, , Subdivision 2, shall at any time be used as a dwelling unit or residence or parked within the city, except as hereinafter provided: The City Council may, in its discretion, grant a temporary permit for the use of a residential trailer or manufactured home for dwelling or residential purposes within the city for a period not to exceed six (6) months. The fee for such a permit shall be determined by the City Council. Said permit may be extended by the City Council once for an additional six (6) month period. The parking of one unoccupied manufactured home on a residential lot may be permitted for a period not to exceed three (3) months upon receipt of a special permit by the City Council for such purposes. In an established manufactured home park by a person having obtained a special use permit therefore, pursuant to Section Sec Special Use Permit Procedure for a Manufactured Home Park. A party considering the development of a new manufactured home park or the expansion of an existing manufactured home park must obtain a Special Use Permit from the City Council according to the following procedures: Fill out a statement of intent in duplicate on forms prescribed by the City Clerk and file the same with the City Clerk together with a filing fee in the amount to be determined by the City Council. The City Clerk shall refer said statement of intent to the Planning Commission for its study, recommendation and determination in accordance with the ordinances and development policies of the city. The Planning Commission shall within sixty (60) days of receipt of the City Council's referral, make its recommendation to the City Council in writing, regarding the developers concept. If the City Council approves the concept, the developer may proceed under procedures set forth in Section 11-6 herein or Planned Unit Development procedures set forth in Section The Chapter 11 Page 1

2 (d) developer shall notify the City Council and the Planning Commission as to which section they will proceed under. In the event the developer determines to proceed under one of the options, the developer shall deposit with the city a sum of money as required under Chapter 16, Article II, of this Code to cover the costs of review. The fee for an application for an expansion of an existing park shall be determined by the City Council. Sec General Requirements for Park Development. A proposed manufactured home park, or an addition to an existing manufactured home park, trailer court, etc., must, through proper planning, meet the following requirements: General: (1) The use of an area for the establishment of a manufactured home park shall be a compatible use with the surrounding community. (2) Approved manufactured home parks shall contain at least one hundred (100) fully developed home sites. (3) Such park shall be serviced by a central sanitary sewer and water system connected to the public sewer and water system of the city subject to such additional requirements as the city may impose. (4) The proposed method of drainage and disposal of surface storm water, garbage, waste and trash disposal must be as approved by the City Council. Garbage, waste and trash shall be disposed of at least once a week or as determined by the City Council. (5) All utilities shall be installed underground. There shall be no overhead wire, nor poles, except such light standards as are necessary to illuminate the area. (6) The manufactured home park grounds shall be lighted from sunset to sunrise. The plan of maintenance procedures and grounds supervision shall be as approved by the City Council. (7) Dogs and other animals shall not be permitted to run at large, or commit nuisances or other disturbances. (8) No public address or loudspeaker system shall be permitted. (9) City-approved fire hydrants shall be located no more than three hundred (300) feet from any manufactured home. (10) Uniform utility enclosures shall be provided for each manufactured home site. (11) All manufactured home parks must have a fenced and screened area or area set aside for dead storage and "over-load" parking. (12) Park identification sign area shall be limited to one sign not to exceed twenty-four (24) square feet with lighting, height, and location as approved by the City Council. (13) All land areas shall be landscaped in accordance with approved plans and be properly maintained, adequately drained, and kept clean and free from refuse, garbage, rubbish, or debris. (14) There shall be no outdoor camping anywhere in the manufactured home park. (15) There shall be no commercial manufactured home sales located on park premises. (16) The city may add such other conditions and requirements as it may determine. Manufactured Home Park Office: Chapter 11 Page 2

3 (1) Each manufactured home park shall have an office for the use of the operator or caretaker distinctly marked "Office" and such marking shall be illuminated during all hours of darkness. Said office shall be open at all reasonable times. (2) A map of the park, a copy of this chapter, management regulations, and general park rules shall be displayed in the office and in the central community building and also furnished to the fire department. (3) An adult caretaker must be on duty in or about the park at all times. (4) A register of all occupants shall be maintained in the park office with the name and address of each occupant and name and address of the owner of a manufactured home, if other than the occupant; the make, type, and license number of each home, and the date of arrival and departure of each manufactured home. Said register shall be kept for at least three (3) years after occupants depart and the same shall be available at all times for the use of law enforcement officers, health authorities, and other officials whose duties require access to the same. Community Building: (1) Each manufactured home park shall have one or several central community buildings with a minimum floor area of thirty (30) square feet per manufactured home lot served; one building to serve not more than two hundred (200) units. Parking spaces will be provided at the rate of one space for four (4) manufactured home lots. One-half (1/2) of the floor area shall be underground for use as a storm shelter. (2) Such building shall have central heating, and be maintained in a safe, clean and sanitary condition. Artificial lighting shall be provided as required. (3) There shall be provided in said community building, a general assembly and party room, public telephone, public toilets and lavatories, and laundry washing and drying areas. There shall be provided at least one washer and dryer for each twenty (20) lots. (d) Roadways: (1) All streets, driveways and right-of-ways shall be constructed as approved by the City Council. Street right-of-ways shall be a minimum of sixty (60) feet in width. The roadbeds for cul-de-sacs shall be at least twenty-eight (28) feet in width and for collector streets shall be at least thirty-six (36) feet in width. (2) Access drives to all parking spaces; manufactured home sites and building shall be paved. (3) All streets shall have a concrete (mountable, roll type) curb and gutter. (4) Trees such as ash or maple shall be planted on the boulevards at least in front of every other manufactured home site. (5) There shall be a concrete sidewalk forty-eight (48) inches wide along both sides of streets carrying major traffic flow. In lieu thereof, an internal walkway system may be substituted as approved by the City Council. (6) The developer shall retain ownership of all streets, roadways, and right-of-ways. Said owner shall provide maintenance, upkeep and snow removal on said streets. They shall be maintained according to city standards and shall be subject to inspection by the city. (7) Ingress and egress from manufactured home parks shall be approved by the City Council. Chapter 11 Page 3

4 (8) All streets must be properly named and signs installed with the name designation. (9) All streets and roadways shall be passable for emergency vehicles at all times. (e) Structure Requirements: (1) Manufactured homes that do not conform to the requirements of the Minnesota Manufactured Home Code shall be prohibited unless specifically approved by the City Council. All other structures (fences, utility enclosures, cabanas or others) shall be governed by the city building code and shall require a building permit. (2) No person shall erect, construct, alter, reconstruct, place, relocate, maintain or use any structure in a manufactured home park without the written consent of the owner or operator of the park. (3) No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities, and related manufactured home equipment. The area beneath a manufactured home shall be enclosed, except that such enclosure must be removable and render the area accessible for inspection. (4) The manufactured home pad shall be constructed so as not to heave, shift, or settle unevenly under the weight of the manufactured home, due to frost action, inadequate drainage, vibration or other forces acting upon the structure. The manufactured home pad shall be provided with anchors and tiedown devices for the manufactured home and each anchor shall be able to sustain a minimum tensile strength of two thousand eight hundred (2,800) pounds. Sec Planning, Lot Size, Development Intensities, Design Requirements. Planning Requirements: After location concept approval, the developer will prepare and submit for review a preliminary comprehensive development plan consisting of the following elements: (1) A site condition map depicting topography, terrain, natural resources elements and other conditions that the site manifests prior to development. (2) Site plan at a scale not smaller than one inch equals fifty (50) feet. Said plan shall relate circulation elements, pedestrian and vehicular; all recreation space; all structures, including typical manufactured homes in place; all landscaping elements; contouring and the planning details necessary to depict a finished park. (3) Elevations, looking toward the project from adjacent lands or streets as specified by the Planning Commission. (4) Utility plans indicating the storm drainage and run-off, and placement of water, sewer, electrical and gas underground utilities. Development Intensities: (1) Each lot shall be at least one hundred (100) feet deep, and sixty (60) feet wide measured at right angles to the side lot line. For manufactured homes in excess of one thousand (1,000) square feet of floor area, the lot area shall be increased to maintain a minimum ratio of lot area to floor area of six to one. Chapter 11 Page 4

5 (2) The limits of each manufactured home lot shall be clearly marked on the ground by permanent stakes or markers flush with the ground; said lot limits shall be approximately the same as shown on the approved plans. (3) Manufactured homes shall be placed upon lots so that there shall be twenty (20) feet between the manufactured home and the front lot line; a ten (10) foot distance between the manufactured home, including all appurtenances and additions, and the side lot line; and twelve (12) feet between rear of manufactured home and the rear lot line. (4) Each lot site shall have frontage on an approved roadway. (5) No manufactured home shall be located closer than fifty (50) feet to a public road rightof-way line. (6) No manufactured home, off-street parking space or building shall be located within thirty (30) feet of the exterior boundary of any manufactured home park. Landscaping and Design Requirements: (1) Each lot shall have a paved off-street parking area for two (2) automobiles. Such parking area shall not be closer than three (3) feet to any side lot line or side of any manufactured home. (2) There shall be individual concrete walks to each manufactured home pad from a paved street or from a paved driveway or parking space connecting to a paved street. Such walkways shall be at least two (2) feet wide. (3) Each lot shall be properly landscaped with grass and one living tree. (4) Drying lines for laundry and clothes shall be located in approved areas only, established and maintained exclusively for that purpose. (5) Each manufactured home must have a reflectorized house number placed on the unit so as to be visible from the street providing access to that unit. (6) Prior to the issuance of a manufactured home special use permit, the developer shall designate a minimum of ten (10) percent of the gross project area for recreational uses. Said designated area to be specifically designed, developed and maintained at the applicant's expense for recreational uses. The developer shall deposit with the City Clerk a sum to be determined by the City Council. Said sum to be credited to the city park fund and shall be so deposited prior to the issuance of the Special Use Permit. Sec Planned Unit Developments. To provide for a more creative and flexible response to the site conditions and natural resources, a manufactured home park may be developed under the following Planned Unit Development (PUD) provisions: (d) General: All general requirements as set forth in Section 11-5 apply to the PUD planning procedure. Planning Requirements: All planning requirements as set forth in Section 11-6 will apply to the PUD planning procedure. Development Intensities: The overall manufactured home park will not exceed a gross density of five (5) units per acre. Park Fund: The developer shall deposit with the City Clerk a sum to be determined by the City Council. Said sum to be credited to the city park fund and shall be so deposited prior to the issuance of the Special Use Permit. Chapter 11 Page 5

6 (e) Recreational Areas: The developer shall designate a minimum of ten (10) percent of the area for recreational and park uses. Sec Final Approval Procedures. Upon review and approval by the Planning Commission of the preliminary plan and completion of necessary changes, if any, by the developer, a final site plan will be submitted to the Planning Commission. The Planning Commission will make its recommendation to the City Council within thirty (30) days of its receipt of the final plan. In considering the application for a Special Use Permit for the development of a new or expansion of an existing manufactured home park, the City Council shall provide for a public hearing within twenty (20) days of its receipt of the Planning Commission recommendation, with notice in the official newspaper, and shall ascertain that all applicable ordinances within the city are complied with the detailed plans and specifications of said park are presented which have been reviewed by the Planning Commission. The City Council shall require a surety performance bond in such amount as it shall determine to insure the performance of all of the conditions of this chapter. Sec Inspection and Enforcement. At least twenty-four (24) hours in advance of the occupancy or reoccupancy of each new or used manufactured home not occupied on March 1, 1971, whether on a new or previously occupied lot, the manufactured home park owner or the authorized agent shall notify the Building Official of such pending occupancy and pay an inspection fee which will be determined by the City Council in order that the Building Official may have time to inspect the manufactured home for compliance with plumbing, electrical and safety codes, and other applicable statutes and ordinances. All provisions of this chapter that can be reasonably applied to existing manufactured home parks shall apply and be enforced. Sec Permit Revocation. Failure to comply with any provision or requirement of this Chapter or with any provision or requirement imposed upon the manufactured home park or owner or operator by terms of the Special Use Permit or the terms of any contract agreement or stipulation entered into or imposed by the City Council, may result in the revocation of such permit as described in Section 11-4 of this Chapter. A fifteen (15) day mailed notice of the violation and of the time and place of a hearing shall be accorded to the owner or operator by the City Council. Upon revocation of a permit by the City Council no further occupancies of the manufactured homes in the park shall be allowed, but the City Council may allow a reasonable time for termination of occupancy. This section shall apply in all respects to any violation of provisions previously in effect that continue to control existing occupied manufactured home park areas. Sec Duty to Permit Inspections. The manufactured home park owner or operator shall permit periodic inspections by health, police and other public officials charged with the enforcement of this Chapter. Chapter 11 Page 6

7 ARTICLE II. MANUFACTURED HOME PARK CLOSINGS Sec Purpose. In view of the unique nature and issues presented by the closure of conversion of manufactured home parks, the City Council finds that the public health, safety and general welfare will be promoted by requiring relocation assistance and/or compensation to displaced homeowners and residents of such parks. The purpose of this section is to require park owners to pay displaced home owners and residents reasonable relocation costs and purchasers of manufactured home parks to pay additional compensation, pursuant to the authority granted under Minnesota Statutes, Section 327C.095. Sec Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise: Closing Statement - A statement prepared by the park owner clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement housing within a twenty-five (25) mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park. Displaced Resident - A resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including the members of the resident's household, as of the date park owner submits a closure statement to the City Council. Lot - An area within a manufactured home park, designed and used for the accommodation of a manufactured home. Manufactured Home - A structure, not affixed to or part of real estate, transportable in one or more sections, which in the traveling mode, is eight (8) feet or more in width or forty (40) feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained in it. Park Owner - The owner of a manufactured home park and any person acting on behalf of the owner in the operation or management of a park. Person - Any individual, corporation, firm, partnership, incorporated and unincorporated association or any other legal or commercial entity. Sec Notice of closing. If a manufactured home park is to be closed, converted in whole or part to another use or terminated as a use of the property, the park owner shall, at least nine (9) months prior to the closure, conversation to another use or termination of use, provide a copy of a closure statement to a resident of each manufactured home and to the City Council. Sec Notice of public hearing. The City Administrator shall submit the closure statement to the City Council and request the City Council to schedule a public hearing. The city shall mail a notice at least ten (10) days prior to the public hearing to a resident of each manufactured home in the park stating the time, place and purpose of the hearing. The park owner shall provide the city with a list of the names and addresses of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the City Council. Sec Public hearing. A public hearing shall be held before the City Council for the purpose of reviewing the closure statement and evaluating what impact the park closing may have on the Chapter 11 Page 7

8 displaced residents and the park owner. The City Council shall determine the adequacy of the closure statement and direct payment of relocation costs pursuant to the Ordinance. Sec Payment of relocation costs. 1. After service of the closure statement by the park owner and upon submittal by the displaced resident of a contract or other verification of relocation expenses, the park owner shall pay to the displaced resident the reasonable cost of relocating the manufactured home to another manufactured home park located within a twenty-five (25) mile radius of the park that is being closed, converted to another use, or ceasing operation. Reasonable relocation costs shall include: a. The actual expenses incurred in moving the displaced resident's manufactured home and personal property, including the reasonable cost of disassembling, moving and reassembling any attached appurtenances, such as porches, decks, skirting and awnings, which were not acquired after notice of closure or conversion of the park, and utility "hook-up" charges. b. The cost of insurance for the replacement value of the property being moved. c. The cost of repairs or modifications that is required in order to take down, move and set up the manufactured home. 2. If a resident cannot relocate the manufactured home within a twenty-five (25) mile radius of the park that is being closed or some other agreed upon distance, and the resident elects not to tender title to the manufactured home, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents in the park. 3. A displaced resident compensated under this section shall retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured home park. 4. The park owner shall make the payments under this section directly to the person performing the relocation services after performance thereof, or, upon submission of written evidence of payment of relocation costs by a displaced resident, shall reimburse the displaced resident for such costs. 5. The displaced resident must submit a contract or other verified cost estimate for relocating the manufactured home to the park owner as a condition to the park owner's liability to pay relocation expenses. 6. The total compensation computed as payment for relocation costs shall be the greater of: 25% of the sale or purchase price by the park owner to a buyer for the closure or conversion of the park for re-use, or b) the Washington County Assessor's assessed value of the manufactured or mobile home for the current tax year. The park owner, to the greatest extent practicable, shall allocate the relocation costs proportionally to the displaced residents. Sec Payment of additional compensation. If a resident cannot relocate the manufactured home within a twenty-five (25) mile radius of the park that is being closed or some other agreed upon distance and tenders title to the manufactured home, the resident is entitled to additional compensation to be paid by the purchaser of the park in order to mitigate the adverse financial impact of the park closing. In such instance, the additional compensation shall be in an amount equal to the estimated market value of the manufactured home as determined by an independent appraiser experienced in mobile home appraisal approved by the City Administrator. The purchaser shall pay such Chapter 11 Page 8

9 compensation into an escrow account, established by the park owner, for distribution upon transfer of title to the home. Such compensation shall be paid to the displaced residents no later than the earlier of sixty (60) days prior to the closing of the park or its conversion to another use. Sec Enforcement. 1. Violation of any provision of this section shall be a misdemeanor. 2. Any provisions of this section may be enforced by injunction or other appropriate civil remedy. 3. The city may withhold issuance of a building permit in conjunction with reuse of manufactured home park property unless the park owner has paid reasonable relocation costs and the purchaser of the park has provided additional compensation in accordance with the requirements of the ordinance. Approval of any application for rezoning platting, conditional use permit, planned unit development or variance in conjunction with a park closing or conversion shall be conditional on compliance with the requirements of this ordinance. Chapter 11 Page 9