Town of Pembroke Zoning law::article 1

TOWN OF PEMBROKE ZONING LAW

JUNE 14, 1995

(As Amended Through 1/4/2001)

ARTICLE VI MOBLLE HOMES AND MOBILE HOME PARKS

SECTION 601 MOBILE HOMES

A. Mobile Home - Permanent Residence (Non-Farm)

1. Criteria

A mobile home may be placed and permanently occupied as a one (1) family residence (non-farm, see Subsection B below) on any lot in an AG, AG-R and MDR Districts provided it complies with Section 306 (Minimum Habitable Floor Area), Section 307 (Minimum Dimensional Criteria), and the following criteria are met and a zoning permit is issued:

a. The mobile home unit shall comply with the NYS Uniform Code Parts 606 and 1221.1 and be constructed in accordance with regulations set forth in the Compilation of Federal Regulation (CFR), Title 24 Housing and Urban Development, Chapter XX Office of Assistant Secretary for Housing-Federal Housing Commissioner, Department of Housing and Urban Development, Part 3280 Manufactured Mobile Home Construction and Safety Standards.

b. Placement of the mobile home must comply with the minimum area requirements for a one (1) family dwelling in the respective zoning district, including, but not limited to: lot size and width, yard areas, parking and finished grade.

c. The mobile home shall be installed in compliance with the New York State Uniform Fire Prevention and Building Code (including foundation requirements and skirting), and shall be protected from ground frost heaves.

d. The water supply system and wastewater treatment system shall be approved by the Genesee County Health Department.

B. Mobile Home - Farm Worker Residence

1. Criteria

A mobile home may be placed and permanently occupied as a residence on any lot in an AG or AG-R District for a full-time farm worker even though the provisions of Section 307 (Minimum Dimensional Criteria) are not met provided it complies with Section 306 (Minimum Habitable Floor Area), the following criteria are met and a zoning permit is issued:

a. The farm owner shall annually certify in writing to the Zoning Administration Officer that the resident of the mobile home is a full-time farm worker on the farm on which the mobile home is located.

b. The mobile home unit shall comply with the NYS Uniform Code Parts 606 and 1221.1 and be constructed in accordance with regulations set forth in the Compilation of Federal Regulation (CFR), Title 24 Housing and Urban Development, Chapter XX Office of Assistant Secretary for Housing-Federal Housing Commissioner, Department of Housing and Urban Development, Part 3280 Manufactured Mobile Home Construction and Safety Standards.

c. Placement of the mobile home must comply with the minimum yard area requirements (setbacks from property lines) for a one (1) family dwelling in the respective zoning district.

d. No more than one mobile home occupied by a full-time farm worker may be placed on a lot. Such mobile home shall be considered an accessory, or non-primary, use for the purposes of Section 301, Subsection A.

e. The mobile home shall be installed in compliance with the New York State Uniform Fire Prevention and Building Code (i.e., foundation requirements, skirting, etc.), and shall be protected from ground frost heaves.

f. The water supply system and wastewater treatment system shall be approved by the Genesee County Health Department.

C. Mobile Home - Temporary Residence

1. Restrictions

A mobile home may be placed and temporarily occupied as a one (1) family residence on any lot where the appropriate permit(s) (zoning and/or building permit) have been issued for the construction or repair of a residence, for a maximum period of two (2) years under the following circumstances, upon the issuance of either a temporary use permit or emergency housing permit as required.

a. Home >Building- If the owner of a vacant lot in either the AG, AG-R or MDR District has been issued an active, valid zoning permit by the Town of Pembroke for the construction of a dwelling on the lot in question (a temporary use permit is required).

b. Fire or Other Disaster - The existing dwelling on the lot has been damaged in such a manner as to make it uninhabitable (an emergency housing permit is required, see Section 703, Subsection C).

2. Criteria

Mobile homes occupied as temporary residences shall meet the following criteria:

a. The mobile home units shall comply with the NYS Uniform Code Parts 606 and 1221.1 and be constructed in accordance with regulations set forth in the Compilation of Federal Regulation (CFR), Title 24 Housing and Urban Development, Chapter XX Office of Assistant Secretary for Housing-Federal Housing Commissioner, Department of Housing and Urban Development, Part 3280 Manufactured Mobile Home Construction and Safety Standards.

b. Placement of the mobile home must comply with the minimum yard area requirements (setbacks from property lines) for a one (1) family dwelling in the respective zoning district.

c. The water supply system and wastewater treatment system shall be approved by the Genesee County Health Department.

D. Mobile Home - Replacement of an Existing Unit

1. An existing mobile home which is occupied as a one (1) family dwelling on any lot in an AG, AG-R, MDR, C or PUD District may be replaced with another mobile home. The proposed replacement unit is not required to comply with Section 306 (Minimum Habitable Floor Area) or Section 307 (Minimum Dimensional Criteria); however, the following criteria must met:

a. The replacement mobile home unit shall be constructed in accordance with regulations set forth in the Compilation of Federal Regulation (CFR), Title 24 Housing and Urban Development, Chapter XX Office of Assistant Secretary for Housing-Federal Housing Commissioner, Department of Housing and Urban Development, Part 3280 Manufactured Mobile Home Construction and Safety Standards.

b. The location of the replacement mobile home shall not increase the degree of nonconformity (other than unit size, square footage) relative to the yard area requirements (eg. setbacks from property lines) that existed with the current mobile home.

d. The water supply system and wastewater treatment system for the mobile home shall be approved by the County Health Department.

SECTION 602 MOBILE HOME PARKS

A mobile home park may be located in an Agricultural-Residential District provided the following criteria are met and a special use permit is issued.

A. Standards and Requirements for the Construction of Mobile Home Parks

Condition of soil, ground water level, drainage and topography shall not create hazards to the property or the health or safety of the mobile home park occupants. The site shall not be exposed to objectionable smoke, dust, noise, odors or other adverse influences, and no portion shall be subject to predictable sudden flooding, or erosion, and the site shall not be used for any purpose which would expose persons or property to hazards.

1. Site Size. Density and Setback Requirements

a. The minimum size for mobile home parks shall be ten (10) acres.

b. The number of mobile home spaces shall not exceed five (5) per gross acre.

c. Each mobile home park shall set aside at least ten (10) percent of the total acreage of the site as open space and recreation area.

d. A setback of seventy-five (75) feet shall be observed from the right-of- way of any public road bordering the site to any mobile home in the park.

e. A setback of fifty (50) feet shall be observed from any property line, excluding the right-of-way of any public road.

f. The site shall be located and laid out so that no mobile home shall be closer than five hundred (500) feet to any existing single family or two family dwelling.

2. Lot Size. Density and Setback Requirements

a. The minimum size for a mobile home lot shall be as follows:

(1) For mobile homes having a width of less than twenty-four (24) feet, the minimum lot shall be eight thousand (8,000) square feet, with a minimum width of seventy (70) feet and a minimum depth of one hundred (100) feet.

(2) For mobile homes having a width of twenty-four (24) feet or more, the minimum lot shall be at least ten thousand (10,000) square feet, with a minimum width of eighty (80) feet and a minimum depth of one hundred (l0O) feet.

b. No mobile home shall be closer than thirty (30) feet to another mobile home or other structure in the park.

c. Each mobile home located in a mobile home park shall have a front yard, a rear yard and two side yards. No side yard or rear yard space shall be less than fifteen (15) feet and no front yard shall be less than twenty-five (25) feet.

d. There shall be a minimum setback of twenty-five (25) feet observed from the edge of the abutting park street to any mobile home in the park.

e. Maximum height for buildings shall be thirty-five (35) feet.

3. Site Layout and Design Requirements

The layout and design of the mobile home park shall conform to the following requirements:

a. Streets

(1) Mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets and/or roads to each mobile home lot. Each lot in the park shall have direct access to a street.

(2) All mobile home parks containing twenty (20) or more mobile home sites shall have access from two (2) points along a single public street/road, or if bordering on two (2) roads, access can be one for each road, as long as such access points are separated by at least one hundred (100) feet.

(3) Entrances to mobile home parks shall be on a public street/road and shall be designed so as to not interfere with the free movement of traffic on such adjacent public street/road. No parking shall be permitted on an entrance street for a distance of one hundred (100) feet from its intersection with the public street/road.

(4) The street system should provide convenient circulation by means of minor streets and properly located collector streets. Dead-end streets shall be limited in length to five hundred (500) feet and their closed end shall be provided with an adequate turn around sixty-five (65) feet in diameter cul-de-sac.

(5) Each mobile home lot shall have direct access to a street which meets the minimum standards established by the Town Highway Superintendent or Town Engineer.

(6) Grades of all streets shall not be more than eight percent (8%) and shall be sufficient to insure adequate surface drainage.

(7) Street intersections should generally be at right angles and in no case shall any angle or intersection be less than seventy-five (75) degrees.

(8) Park entrances and exits shall be so located to provide a minimum of sight distance on the adjacent public street/road in both directions from the interior road at the point of intersection of not less than three hundred (300) feet.

(b) Parking

(1) Two (2) car parking spaces shall be provided for each mobile home.

(2) At least one (1) parking space shall be situate on the mobile home lot. The other parking space may be located in an adjacent parking bay along the street.

(3) Parking may be in tandem.

(4) Each parking space shall have dimensions of at least ten (10) feet by twenty (20) feet and shall have all weather surfacing.

(1) Mobile home parks shall be well drained and constructed so as to eliminate the accumulation of standing surface water for extended periods of time. The drainage system shall consist of buried corrugated steel pipe to carry storm water only or a series of well-constructed and properly maintained open ditches to carry surface runoff to off-site drainage channels or on-site dry wells.

(2) The drainage system shall be designed to adequately handle at least that storm water generated by the site during a ten (10) year storm as determined by the U.S. Army Corps of Engineers. It must be certified by the Genesee County Soil and Water Conservation District Office that the off-site downstream drainage system is capable of handling the runoff generated by the park during a ten (10) year storm.

(d) Buffer Strip

(1) A buffer strip shall be established within the mobile home park along all property lines. However, a buffer shall not be constructed so as to impair visibility for park entrances along a public street/road. No above ground structures shall be situated therein.

(e) Recreation Area

(1) Not less than ten (10) percent of the gross mobile home park site area shall be devoted to recreation facilities, generally provided in a location or locations convenient to all park residents.

(2) Recreation areas may include space for community use facilities, such as indoor recreation areas, swimming pools, and hobby shops.

(3) Where compliance with Section 702.A.3.e.(1) results in undue hardship, the Board of Appeals may grant exception therefrom where it finds that the individual mobile home lots are of sufficient size to provide area for outdoor recreation. In any event, the remaining centralized recreation area for the park cannot be less than one hundred (100) square feet times the number of mobile home lots in the park or five thousand (5,000) square feet, whichever is greater.

(f) Landscaping

Mobile home parks shall be landscaped to provide an attractive setting for mobile homes and other improvements, to provide adequate privacy and pleasant views to minimize reflected glare, and to afford summer shade. Such landscaping shall include the planting and maintenance of at least the following:

(1) Trees and shrubs at suitable intervals along park streets, and within recreation areas.

(2) Special planting to screen objectionable views such as garbage and trash collection stations, nonresidential uses, and any unsightly objects or conditions on adjacent properties.

(3) All areas which are not paved or occupied by mobile homes or other improvements shall be seeded and maintained as lawn.

4. Lot and Mobile Home Requirements

a. Each lot shall front on an approved interior street.

b. Interior lots shall not be permitted to front on more than one (1) street.

c. No more than one (1) mobile home may be placed on any lot.

d. No mobile home shall be located within a park except in an authorized space.

e. All mobile homes shall comply with the current Construction and Safety Standards as set forth by the United States Department of Housing and Urban Development and have a minimum habitable floor area of seven hundred twenty (720) square feet, exclusive of any porches, additions or other extensions; however, such units are not required to comply with Section 307 (Minimum Dimensional Criteria).

f. Mobile homes shall be installed in compliance with the New York State Uniform Fire Prevention and Building Code.

g. No addition shall be made to a mobile home except for a canopy and/or porch open on three (3) sides.

h. One (1) accessory building, not to exceed one hundred (100) square feet in dimension, may be located on each lot.

i. Each lot shall be provided with approved connections for water and sewer in accordance with the regulations of the GeneseeCounty and New York State Department of Health.

j. All utilities shall be underground.

k. No front or side yard shall be used for storage.

5. Required Site Improvements

a. Water Supply System - All water supply systems shall be approved by the Genesee County Health Department.

b. Sewerage Disposal and Treatment - All sewerage disposal systems shall be approved by the Genesee County Health Department.

6. Electrical Systems

a. Except as otherwise permitted or required by this standard, all electrical installations in mobile home parks shall be underground and the residential distribution system designed and constructed in accordance with both the local electric utility and National Electrical Codes. The point of the electrical connection for the mobile home shall be within the area of the mobile home stand.

b. The mobile home park secondary electrical distribution system to mobile home lots shall be single phase, 120/240 nominal.

c. For the purpose of this section, where the park service exceeds two hundred forty (240) volts, transformers and secondary distribution panel boards shall be treated as services.

Mobile home lot feeder circuit conductors shall have adequate capacity for the load supplied, and shall be rated at not less than one hundred (100) amperes at 120/240 volts.

d. Provisions may be made for connecting a mobile home power supply assembly by a permanent wiring method, and the mobile home service equipment may provide for installation for at least one (1) fifty (50) ampere receptacle.

Mobile home service equipment may also be provided with a means for connecting a mobile home accessory building or structure or additional electrical equipment located outside a mobile home by a permanent wiring method.

7. Gas Distribution System

Gas equipment and installations within a mobile home park shall be designed and constructed in accordance with the applicable codes adopted by the local utility. Where the state or other political subdivision does not assume jurisdiction, such installations shall be designed and constructed in accordance with the appropriate provisions of the current edition of the American National Standard-National Fuel Gas Code.

8. Fuel Oil Distribution System

Distribution systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

9. Bulk Fuel Storage

a. A mobile home park shall be provided with facilities for the safe and efficient storage of required bulk fuels. Such facilities shall be in accordance with applicable codes and regulations.

10. Lighting

a. Artificial lighting shall be provided to illuminate streets, walks, driveways and parking spaces for the safe movement of pedestrians and vehicles at night.

11. Community Service Buildings

a. Each park shall have one (1) or more buildings for the provision of laundry, sanitary and other community services.

b. Access to such community service buildings shall be directly from a park street and not from or across any mobile home lot.

c. such community service buildings shall be permanent structures complying with the New York State Sanitary Code ~d all other applicable ordinances and statutes regulating buildings, electrical installations, and plumbing and sanitation systems.

B. MobileHome Park Maintenance Standards

1. Refuse Disposal

a. The park owner shall provide for refuse pickup and disposal.

b. The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazard, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.

c. No refuse or other organic material shall be placed, stored or dumped in other than refuse containers anywhere in the park. The existence of any refuse or rubbish outside a container for more than twenty-four (24) hours shall be a violation of this Zoning Law.

2. Fire Protection

a. Mobile home parks shall be kept free of litter, rubbish and other flammable materials.

b. Fires shall be permitted only in stoves and other receptacles intended for such purposes.

3. Responsibilities of the Park Owner and Management

a. Upon receiving a special use permit, the park owner shall establish and operate the park in compliance with the provisions of this Zoning Law and all other applicable ordinances, statutes and regulations, and shall provide adequate services so as to maintain the park, its facilities and equipment in a safe, clean and sanitary condition.

b. The park management shall also supervise both the placement of each mobile home on the lot and the installation of all utility connections.

c. The owner of a mobile home park shall develop a regular program of park maintenance which shall attend to such items as lawn maintenance, maintenance of buffer strips and open drainage ditches, parking area repairs, cleaning and maintenance of community service buildings, and whatever regular maintenance operations are required by the water supply system, sewage disposal system, and other services provided by the park. The proposed maintenance program shall be presented to the Town Planning Board at the time the special use permit is applied for under Section 808 of this Zoning Law and, once approved, a copy thereof filed with the Town Clerk and Zoning Enforcement Officer. A copy shall also be furnished to all residents of the park and posted in a conspicuous place in the park.

4. Responsibilities of Park Occupants

a. Park occupants shall comply with the provisions of this Zoning Law and other applicable ordinances, statutes and regulations and shall maintain their mobile home lot and improvements in good repair and in a clean and sanitary condition.

5. Temporary Living Units

No occupied recreational vehicle shall be permitted in a mobile home park except in compliance with Section 510. Unoccupied recreational vehicles shall be stored in areas designated for the storage of such units.

C. Mobile Home Park Special Use Permits

1. Annual Inspection

Pursuant to Section 708.D, the Zoning Enforcement Officer shall inspect at least annually the operation of a mobile home park to make sure it complies with the provisions of this Zoning Law and any and all conditions prescribed by the Planning Board when issuing the special use permit.

2. Compliance With Regulations

Before receiving a special use permit for a mobile home park, the owner thereof shall make an adequate showing that the subject property and proposed use comply with the provisions of this Article.