[Amended 1-14-2019 by L.L. No. 1-2019]
The governing board of the Town of Ellicott,
County of Chautauqua, State of New York, recognizing that unplanned
and unregulated establishment of mobile homes, mobile home courts
and trailers would seriously impede the orderly and optimum development
of the town, does, following due deliberation and upon recommendation
of the Town Board of Appeals, enact this section in the furtherance
of the health, safety, morals and welfare of the citizens of the town.
The following definitions shall apply in the
interpretation of this chapter:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the
mobile home and which is attached thereto or located on the same mobile
home lot. "Accessory structures" include but are not limited to portable,
demountable or permanent enclosures, shade structures and carports.
APPROVED
Written approval by the administrative officer under the
regulation of this section or written approval by an authority designated
by law or this section.
COMMUNITY AREA
An area or space within a mobile home court, including fences,
walls and other minor structures, which is designated for the joint
use of occupants.
COMMUNITY STRUCTURE
A structure within a mobile home court providing laundry,
toilet, recreation, parking or similar facilities for use by tenants
or occupants of the mobile home court.
HABITABLE SPACE
Space used for living, sleeping, eating or cooking purposes;
bathrooms; toilet rooms; storage space; and enclosures for equipment
installations.
MECHANICAL SYSTEMS AND EQUIPMENT
Mobile home electrical, plumbing, heating, ventilating, air-conditioning
systems and equipment used for living purposes, including cooking
and refrigeration equipment.
MOBILE HOME
Any piece of mobile equipment designed or constructed to
be towed, pulled by a motor vehicle or self-propelled, regardless
of whether the wheels are attached or unattached or a permanent or
semipermanent foundation is constructed underneath, or whether any
structure of a permanent or semipermanent nature is attached thereto,
and intended for human occupancy.
[Amended 9-5-1990 by L.L. No. 2-1990]
MOBILE HOME COURT
A tract of land used or intended to be used for the parking
of two or more mobile homes, together with the necessary improvements
and facilities on the land.
[Amended 9-5-1990 by L.L. No. 2-1990]
MOBILE HOME LOT
A designated site within a mobile home court for the exclusive
use of the occupants of a single mobile home.
MOBILE HOME STAND
That part on an individual mobile home lot which has been
reserved for the placement of the mobile home.
OWN
Holding title to real property in fee simple and, as respects
mobile homes and trailers, possession pursuant to the terms of an
installment sales contract or any greater property interest in same.
PERSON
Any natural individual, firm, trust, partnership, association
or corporation.
TRAILER
A movable living unit equipped with a chassis, the occupants
of which maintain another permanent abode or habitation at the time
in question.
From and after the effective date of this chapter:
A. No person shall locate or maintain a mobile home outside
of a mobile home court in any part of the town, except as authorized
under § 146-13H of the Code of the Town of Ellicott.
[Amended 4-26-2000 by L.L. No. 4-2000]
B. No person shall locate or maintain a mobile home court
in any part of the town without first securing a permit therefor as
hereinafter provided.
C. Permits for mobile home courts shall be limited to
sites within the Agricultural-Residential District of the town, as
such zone is established by the Zoning and Planning Code of the town.
The following regulations shall apply to mobile
home courts in the town:
A. Layout and design. The size of all mobile home courts
shall be a minimum of 10 acres and shall not contain less than 50
mobile home lots unless approved by the Town Board of Appeals, and
such courts shall have access from two points along a single street
or highway, or if bordering on two streets, access shall be from each
street and such access points shall be separated by at least 100 feet.
[Amended 1-14-2019 by L.L. No. 1-2019]
B. Public highway frontage. Each mobile home court shall
have frontage on an existing public highway or street equal to or
not less than 80% of the maximum dimension of the court measured parallel
to such highway or street. In the event that a court is located on
the intersection of two public highways or streets, this frontage
on the second shall be equal to 35% of the maximum dimension of the
court as measured parallel to the second highway or street. No mobile
home court shall be permitted where the only access to it is over
a street or highway which is primarily residential in character and
is not designed to carry through traffic.
C. Buffer zone. Insofar as practicable, there shall be
provided a buffer zone, between the right-of-way line of adjacent
public highways or streets and any portion of the mobile home court,
of at least 100 feet. There shall also be provided a buffer area,
between any portion of a mobile home and the boundary of the mobile
home court, of at least 60 feet. Such buffer area shall be primarily
clear of obstruction other than trees and natural landscape material
and shall not be used for any above-ground structures.
D. Other principal structures. Private conventional residences
and commercial establishments otherwise permitted in an Agricultural-Residential
District may be located within the mobile home court.
E. Block lengths. The layout of interior roadways or
driveways shall be such that no block is longer than 500 feet; provided,
however, that this may be extended to 750 feet if an interior walkway
is provided for pedestrian access across the center of the block.
F. Street widths. All streets shall have a minimum width
of 50 feet which is completely clear of obstructions to a height of
12 feet.
G. Street grades. The maximum street grade shall be 7%.
Entrance gradients shall be less than 3% for a distance of 75 feet
from the edge of the right-of-way of the highway.
H. Minimum radius. The minimum radius of curvature for
any street shall be 100 feet.
I. Alignment. Streets shall be laid out so as to interest
as nearly as possible at right angles, and in no case shall any angle
or intersection be less than 75°.
J. Streets and parking areas. Street or driveway pavement
shall be located in the center of the street clear zone. If parking
provision is made within the street, such parking area may be off
the pavement, and the clear zone (street width) shall be increased
proportionately to provide therefor. If parking provision is made
in parking areas for three or more vehicles in nodes throughout the
court, such areas shall be located off of the pavement considered
to be the street or driveway and in such a manner so as not to encroach
upon the area considered to be the mobile home lot. Provision shall
be made for the parking of two motor vehicles for each mobile home
lot.
K. Auxiliary parking. Central auxiliary parking areas
shall be provided at a ratio of 200 square feet per mobile home lot
in a location which is not contiguous to the lot serviced, such area
being screened from lots and public highways by a coniferous hedge
or other effective vegetation. Auxiliary parking areas are to be provided
for parking trucks, maintenance equipment, boat trailers and utility
trailers.
L. Mobile home lots. All lots shall be rectangular or
trapezoidal, unless otherwise approved by the Town Board of Appeals
as meeting all other requirements of this section, and shall be a
minimum of 6,000 square feet if rectangular or trapezoidal and shall
have a minimum width of 50 feet.
[Amended 1-14-2019 by L.L. No. 1-2019]
M. Corner lots. Corner lots shall be 1 1/2 times
the width and area of regular lots. If a street makes a turn of 90°,
the lot on the inside shall be considered a corner lot, and the lots
on the outside shall be considered radial lots, wherein the width
shall be measured at the distance of 10 feet from the street line.
N. Double frontage lots. Double frontage shall be avoided.
If there is a situation where only one mobile home can be located
between streets, then a buffer strip of at least 10 feet shall be
created and suitably planted.
O. Walkways. Walkways shall be laid out so as to connect
all patios with the street and to connect service buildings, drying
yards and storage lockers with streets. Walkways shall connect access
to recreation areas if such areas are not located adjacent to a street
Additional walkways can also be placed along the rear of each lot.
P. Recreation space. Recreation space shall be provided
in a central location and at a ratio of 300 square feet per lot. Such
space shall be enclosed with shrubs or evergreen hedges placed not
farther than 10 feet apart.
Q. Public telephone. If public telephones are provided,
they shall be located directly adjacent to service buildings.
R. Mailboxes. Mailboxes shall be located at a location
suitable to the local post office but shall not be placed in any location
where they constitute a safety hazard to pedestrians or to vehicles.
S. Trees. All existing trees shall be preserved insofar
as possible in the design of the court.
The fee to be paid by the applicant upon issuance
of a permit as hereinabove provided shall be as follows:
A. Initial permit $100, plus $5 for each mobile home
lot therein contained, or a minimum of $350.
B. Renewal permit: $5 for each mobile home lot therein
contained or a minimum of $250.
Mobile home courts legally situated in the town
prior to the effective date of this chapter shall be deemed approved
as to location and size but shall be subject to the remaining regulatory
provisions of this chapter, and permits therefor must be acquired
within 60 days of the enactment of this chapter.
Any person violating provisions of any section
or subdivision of the provisions of this chapter shall be subject
to a penalty not exceeding $250 or imprisonment for not more than
15 days, or both, for each violation. Each day that such violation
is permitted to exist shall constitute a separate offense. The penalty
herein provided for shall be in addition to any and all additional
remedies which the town shall have pursuant to law.