[Added 5-16-1988 by L.L. No. 2-1988]
In the event that the Board of Appeals finds
that there are any violation(s) of the general intent for which the
special use permit was issued or any violation(s) of the requirements
of this chapter or other applicable provisions of law, the Board of
Appeals may, in addition to any other penalty provided by law, revoke
the special use permit at any time; provided, however, that the following
conditions are met:
A. The Board of Appeals has provided a written notice
to the permit holder of the specific nature of the violation(s) and
a specific time limit, of not less than 30 days, during which time
the permit holder may cure or remedy the violation(s).
B. The Board of Appeals has provided the permit holder
with an opportunity to meet with and address the Board of Appeals
within 15 days of the date of the above-cited written notice.
[Amended 5-16-1988 by L.L. No. 2-1988; 2-2-2004 by L.L. No.
1-2004]
A. Title. This section shall be known as the "Individual
Manufactured Home Regulations of The Town of Phelps."
B. Purpose. To ensure that individual manufactured homes
within the Town of Phelps are occupied in a manner that is consistent
with conventional built homes in order to preserve the character,
appearance, desirability and value of property in this community.
C. Permit required. It shall be unlawful for any person
to use a manufactured home as habitation or dwelling without first
having secured a building permit and certificate of occupancy from
the Code Enforcement Office of the Town of Phelps.
D. Definitions. As used in this section, the following
terms shall have the meanings indicated:
EXISTING USES
A use lawfully in existence at the time this section becomes
effective, including manufactured homes.
E. Regulation of individual manufactured homes outside
a manufactured home park.
(1) Application for a permit. Application shall be made to the Code Enforcement Officer, in writing, for a building permit. The application forms will be provided by the Town and shall be submitted with the fee as required by Chapter
A157, Fees. Application must be accompanied by a plot plan drawn near to scale showing the proposed location on the lot (with measured setbacks from all lot lines) of the manufactured home; driveway; parking; well and septic system, if required; proposed landscaping and any other proposed structures or facilities. The site plan must be reviewed and approved by the Planning Board.
(2) The following regulations shall apply to building
permits for individual manufactured homes.
(a)
Permitted districts: Manufactured homes having
a pitched main roof with roofing shingles or tiles and shingled or
clapboard siding, attached by anchoring devices to a continuous perimeter
masonry or concrete foundation, will be considered the same as a conventional
built home and are permitted in all zoning districts. All site work
must meet the Town of Phelps codes in the same manner as a conventional
built home. Tow bars and hitches shall be removed upon installation.
Conformance is to be determined by the Code Enforcement Office of
the Town of Phelps.
(b)
Certification: A manufactured home shall bear
a label certifying that it was built in compliance with the Federal
Manufactured Housing Construction and Safety Standards and must comply
with the New York State Uniform Fire Prevention and Building Codes.
(c)
Lot requirements: A manufactured home must comply
with the minimum lot size, minimum yard dimensions, maximum height
of buildings and maximum building coverage of lot, as set forth in
the Town of Phelps Schedule of Regulations.
(d)
Attached enclosures:
[1]
Manufactured homes may have attached enclosures,
provided that such enclosures do not exceed 25% of the floor area
of the manufactured home. An enclosed attached garage or open carport
shall not be counted against the floor area limitation of 25%.
[2]
Attached structures shall require a building
permit and may be submitted as part of the original application or
may be submitted as a separate application at a later date.
(e)
Foundations: to be prepared in accordance with
the New York State Residential Building Codes.
(f)
Accessory uses: One accessory detached and enclosed
building shall be permitted on the same lot with a manufactured home.
The accessory building shall not exceed the gross floor area of the
manufactured home, except where the total lot area is substantially
above the minimum required, in which case the Board of Appeals may
approve a larger accessory building. "Substantial," for the purpose
of this subsection, shall mean a lot area of 1 1/2 times the
minimum lot area.
(g)
Certificate of occupancy: After all requirements
of this chapter have been met, a certificate of occupancy must be
received prior to occupancy of the manufactured home for use as a
residential dwelling.
(h)
Replacement: Should the individual having a
manufactured home certificate of occupancy replace the manufactured
home for which the original building permit was obtained, he/she shall
notify the Code Enforcement Officer or Town Board of such change and
obtain a new building permit prior to the actual replacement of the
existing manufactured home. A new certificate of occupancy will have
to be issued prior to occupying the new home.
(i)
Nonwaiver: The issuance of a building permit
and/or a certificate of occupancy pursuant to the provisions of this
chapter shall not be deemed to waive compliance by the holder thereof
or by the property owner or by the occupant of said manufactured home
with any statute of the State of New York and the Municipal Code or
health regulations of the Town of Phelps.
(j)
Variances: The Board of Appeals may grant a
variance from any of the regulations of this section.
(k)
Time limit for completion: A certificate of
occupancy for an individual manufactured home must be obtained from
the Code Enforcement Officer within six months from the date of approval
for the building permit. Failure by the applicant to obtain the certificate
of occupancy will, without any further notice, make the building permit
null and void. A new permit must be applied for.
F. Placement of a manufactured home for a family hardship.
(1) Purpose: To provide a means whereby a single-wide
manufactured home can be placed on the same lot as a principal residence
due to a family member being unable to live alone without daily oversight.
(2) Permit required: It shall be unlawful to place a manufactured home per Subsection
F(1) above without first securing a special use permit from the Code Enforcement Officer of the Town of Phelps.
(3) Definitions: As used in this section, the following
terms shall have the meanings indicated:
FAMILY HARDSHIP
An immediate family member whose condition does not allow
him/her to live alone without daily oversight.
IMMEDIATE FAMILY MEMBER
A grandmother. grandfather, father, mother, brother, sister,
son, daughter or spouse of the owner of the principal residence.
SINGLE-WIDE
Not wider than 14 feet and delivered in one piece.
(4) Regulations for family hardship:
(a)
Application for special use permit. Application shall be made to the Code Enforcement Officer, in writing, for a permit. The application forms will be provided by the Town and shall be submitted with the fee required by Chapter
A157, Fees. Applications must be accompanied by a plot plan drawn near to scale showing the proposed location on the lot of the manufactured home; driveway; parking; well and septic system, if required; proposed landscaping and any other proposed structures or facilities.
(b)
The following regulations shall apply to special
use permits for family hardships. A special use permit may be issued
in all zoning districts of the Town of Phelps for a single-wide manufactured
home placed on a lot for a family hardship, provided:
[1]
The home and its placement conform to all regulations
pertaining to manufactured homes.
[2]
The manufactured home must bear a label certifying
that it was built in compliance with the Federal Manufactured Housing
Construction and Safety Standards and must comply with New York State
Uniform Fire Prevention and Building Codes.
[3]
A qualified medical doctor's letter is submitted
certifying the immediate family member's condition and the expected
duration of condition. A new letter must be submitted if the condition
lasts longer than expected.
(c)
Removal of home: The home must be removed from
the lot within 60 days when:
[1]
The immediate family member improves to where
he/she can resume living without daily intervention.
[2]
The immediate family member passes away.
G. Temporary permit for a manufactured home.
(1) A temporary permit for a period of time stated may be issued by the Code Enforcement Officer without a building permit and without compliance with the requirements of §
145-13 for the following cases:
(a)
An unoccupied manufactured home, that has been
replaced by an upgrade or a conventional built home, may be temporarily
parked for a period of three months, enabling the owner to sell or
otherwise dispose of same.
(b)
A manufactured home may be parked temporarily
for use as an office or storage facility to accommodate a construction
project for the term of the construction project but not to exceed
12 months.
(c)
A manufactured home, if occupied or intended
to be occupied pending construction, as herein defined, may be parked
temporarily on a lot by the occupant of the manufactured home pending
the construction of the permanent dwelling for such owner on said
lot, provided that the owner has first obtained a building permit
for such construction. Such parking shall not continue for a period
in excess of 12 months and shall cease when the permanent dwelling
under construction is completed. The Code Enforcement Officer may
extend time for completion for an additional period not to exceed
12 months.
(2) Existing nonconforming use. The owner of an existing
individual manufactured home located outside of an existing mobile
home park, as of the date of enactment of this section may replace
that unit, provided that:
(a)
The replacement unit is equal to or greater in floor area than the unit being replaced and conforms with the requirements of §
145-13.
(b)
The unit being replaced has not been vacant
for the period of the previous 12 months.
(c)
The unit being replaced is removed from the
lot within three months from the date the replacement unit is occupied.
(d)
The replacement unit will comply with all other requirements of §
145-13 including application for approval of a building permit; provided, however, that the building permit will not be denied for the following reasons:
[1]
The right to replace an existing manufactured
home, as provided above, will not apply in any case where the existing
use has been approved by a temporary or special use permit which is
conditional, in that it limits the use to a specified duration or
hardship. When the condition(s) specified have ceased to exist, the
manufactured home will be removed from the lot, as herein required.
[Amended 10-3-1994 by L.L. No. 2-1994]
A. Permit required. It shall be unlawful for any person,
firm or corporation to establish or maintain a manufactured home park
within the Town of Phelps without first having secured a special use
permit as is required under the provisions of this chapter.
[Amended 12-8-1998 by L.L. No. 7-1998]
B. Title and purpose. This section shall be known as
the "Manufactured Home Park Regulations of the Town of Phelps" and
shall be for the purpose of promoting the public health, safety and
welfare of the inhabitants of the Town of Phelps.
[Amended 12-8-1998 by L.L. No. 7-1998]
C. Definitions. As used in this section, the following
terms shall have the meanings indicated:
HOME COURT LICENSE
A certificate authorizing maintenance and operation of a
manufactured home park.
[Amended 12-8-1998 by L.L. No. 7-1998]
PERMIT
A written permit issued by the Board of Appeals permitting
the construction, alteration and extension of a manufactured home
park under the provisions of this chapter and regulations issued hereunder.
[Amended 12-8-1998 by L.L. No. 7-1998]
D. Application procedures for special use permit. Application
shall be made for a special use permit for a manufactured home park
pursuant to procedures and requirements under this chapter. Supplementary
provisions hereinafter set forth shall be considered as minimum requirements
by the Board of Appeals on any application.
[Amended 12-8-1998 by L.L. No. 7-1998]
(1) An application for a special use must be obtained from and filed with the Code Enforcement Officer of the Town of Phelps. A filing fee based upon the schedule of fees in Chapter
A157, Fees, to be nonrefundable, will be retained by the Code Enforcement Officer.
(2) The application must contain a legal description of
property on which the proposed park will be located.
(3) A sketch map must be enclosed with said application
and must contain:
(a)
General sketch plan of the proposed park, including
the number of lots, lot size locations, recreation areas, accessory
buildings and service buildings; and also showing on sketch plan.
(b)
Abutting property owners and present use of
this property.
(c)
Proposed access and egress routes.
(d)
Present and proposed sewer, water and other
utility lines.
(e)
Any unusual special land features, such as streams,
creeks, areas subject to flooding and areas of steep slopes in excess
of 15°.
(4) Said application, when completed and filed and the
fee deposited with Code Enforcement Officer, will be forwarded to
the Planning Board for review within 10 days before or at next regularly
scheduled Planning Board meeting.
E. Planning Board action. The Planning Board, having received said application, will study the application and make recommendations thereto to the Board of Appeals in accordance with §
145-54.
F. Site requirements.
(1) Minimum site: five acres.
(2) Size of lots and yards. Every lot shall meet the following
minimum requirements:
(a)
Lot area per manufactured home: minimum 6,000
square feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
(b)
Front yard setback depth from manufactured home
development street: 20 feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
(c)
Front yard setback depth from manufactured home
development right-of-way: five feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
(d)
Front yard setback from manufactured home lot
line: 15 feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
(e)
Side yard setback depth from manufactured home
lot line: 10 feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
(f)
Rear yard setback depth from manufactured home
lot line: 10 feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
(g)
Minimum width: 60 feet; minimum length: 100
feet.
(3) No manufactured home shall be located closer than
100 feet to any highway line and shall be no closer than 50 feet to
any adjoining property line.
[Amended 12-8-1998 by L.L. No. 7-1998]
(4) Maximum plot coverage by any manufactured home and
appurtenant structures shall not exceed 40%.
[Amended 12-8-1998 by L.L. No. 7-1998]
G. Accessory buildings on individual lots or stands.
One accessory building not exceeding 100 square feet is permitted.
This building must be of a building material that is approved by the
New York State Uniform Fire Prevention and Building Code. This building
may be of a preconstructed material.
[Amended 10-3-1994 by L.L. No. 2-1994]
H. Minimum size of individual manufactured homes. The
minimum size of any individual manufactured home in a park will not
be less than 500 square feet.
[Amended 12-8-1998 by L.L. No. 7-1998]
I. Entrance platform. Each manufactured home shall be
provided with an entrance platform of concrete asphalt or equivalent
at least eight feet by 20 feet and four inches in depth. This platform
will be located at the main entrance to the manufactured home and
may act as base for railings and steps for manufactured home. This
platform may also be part of the patio area.
[Amended 12-8-1998 by L.L. No. 7-1998]
J. Skirts. Each manufactured home owner shall be required
to enclose the bottom portion of the manufactured home with either
a metal or wood skirt or enclosure within 30 days after arrival in
the park. Such skirts shall be uniform in appearance in design and
type.
[Amended 12-8-1998 by L.L. No. 7-1998]
K. Parking areas. Each manufactured home lot must have
two parking spaces, preferably off-street. Parking facilities may
be provided so that each manufactured home lot would have one off-street
parking area. A common parking area may be utilized for second vehicle
parking area and guest parking and for delivery and service vehicles.
Each parking space must have a minimum of 250 square feet. In new
developments, no on-street parking shall be permitted. Parking spaces
shall be provided for all park service buildings and meeting the provisions
of this chapter. No boats, camp haulers, trailers or motor vehicles
not designed for passengers shall be parked or stored at any place
within the manufactured home park except in designated areas. No unlicensed
motor vehicles or trailers or parts thereof or junk of any nature
or description shall be parked or stored within the manufactured home
park.
[Amended 12-8-1998 by L.L. No. 7-1998]
L. Sidewalks. Sidewalks will only be required from the
street to the entrance of a manufactured home. Said sidewalk must
be of concrete, macadam or hard surface.
[Amended 12-8-1998 by L.L. No. 7-1998]
M. Screen; fences and walls. Fences and walls shall be
provided in lieu of screening shrubbery. These items shall be provided
around areas which, because of height or other factors, constitute
a hazard to the public or to property.
N. Landscaping. Proper landscaping, if appropriate, should
be by mutual agreement with the Planning Board and the park developer.
O. Fire protection. Suitable fire apparatus and/or communication
with the local Fire Department shall be provided. In rural areas,
a pond may be provided for water supply in case of fire.
P. Roadway; access. The entrance road connecting the
manufactured home park streets with a public road shall have a minimum
road width of 20 feet or a total of 36 feet, including right-of-way.
It is recommended that a separate access and egress be provided where
appropriate. The road shall be constructed of blacktop or equivalent.
[Amended 12-8-1998 by L.L. No. 7-1998]
Q. Internal streets.
(1) The width of all internal streets must be at least
20 feet, with an additional five-foot right-of-way provided for on
each side.
(2) All internal streets shall be constructed of blacktop
or the equivalent of the same and shall be designed, graded and leveled
as to permit the safe passage of emergency and other vehicles at a
speed of 15 miles per hour.
(3) Each street shall be named and each manufactured home
lot therein will be given a permanent number which shall be affixed
to the manufactured home and shall be visible from the street.
[Amended 12-8-1998 by L.L. No. 7-1998]
R. Lighting. Streets should be illuminated from dusk
to dawn with such lighting meeting the recommendations of the utility
company.
S. Sanitary and water facilities. All such facilities
must meet the requirements of the Department of Environmental Conservation
or other agencies having authority thereof. Approval by said agencies
is required before any permit will be issued.
(1) Storm drainage pipes, ditches, etc., may be required
with the request of the Planning Board.
(2) Garbage and refuse.
(a)
Each manufactured home park shall provide sanitary
equipment to prevent littering of the grounds and premises with rubbish,
garbage and refuse. Each manufactured home shall have containers with
tightly fitting covers. Regular disposal shall be provided for all
rubbish, trash and garbage.
[Amended 12-8-1998 by L.L. No. 7-1998]
(b)
Storage areas for garbage, rubbish and trash
containers will be adequately screened by either a solid fence or
appropriate screening vegetation.
(3) Burning. No garbage or refuse of any kind shall be
burned.
T. Electrical distribution system; individual electrical.
(1) General requirements. Every park shall contain an
electrical wiring system consisting of wiring fixtures, equipment
and appurtenances which shall be installed and maintained in accordance
with the local electric power company's specifications and regulations.
All wiring fixtures and connections must have the approval of any
approved underwriters or inspection agency.
(2) Specific regulations.
(a)
Each manufactured home shall be supplied with
not less than a one-hundred-ampere service. If the manufactured home
is to be heated electrically, then a two-hundred-ampere service is
recommended for each unit.
[Amended 12-8-1998 by L.L. No. 7-1998]
(b)
All utilities shall be placed below ground.
(c)
All grounding wiring in the manufactured home
must be retained.
[Amended 12-8-1998 by L.L. No. 7-1998]
U. Fuel supply and storage.
(1) General requirements. All fuel oil supply systems
provided for manufactured homes, service buildings and other structures
shall be installed and maintained in conformity with the rules and
regulations of the authority having jurisdiction when provided.
(2) Specific requirements.
(a)
All fuel oil tanks shall be placed at the rear
of the manufactured home and not located less than five feet from
any exit.
[Amended 12-8-1998 by L.L. No. 7-1998]
(b)
Supports or standards for fuel storage tanks
are to be of a noncombustible material.
(3) Natural gas supply. Natural gas piping systems installed
in manufactured home parks shall be maintained in conformity with
accepted engineering practices.
[Amended 12-8-1998 by L.L. No. 7-1998]
(4) Liquefied gas.
(a)
Such system shall be provided with safety devices
to relieve excessive pressures and shall be arranged so that the discharge
terminates at a safe location.
(b)
Systems shall have at least one accessible means
for shutting off gas. This means shall be located outside of the individual
manufactured home.
[Amended 12-8-1998 by L.L. No. 7-1998]
(c)
All liquid propane gas piping shall be well
supported and protected against mechanical injury.
(d)
Storage tanks shall not be less than 100 pounds
and must be located at the rear of the manufactured home and no closer
than five feet from any exit.
[Amended 12-8-1998 by L.L. No. 7-1998]
(e)
It is recommended that a central underground
gas storage system be furnished.
V. Recreational areas; open spaces.
(1) Every manufactured home park shall have a minimum
of 5,000 square feet of recreation area for the public use of persons
living in the park and no less than 200 square feet per manufactured
home.
[Amended 12-8-1998 by L.L. No. 7-1998]
(2) The Planning Board, as a condition of approval, may
establish such conditions on the ownership, use and maintenance of
open spaces as it deems necessary to assure the preservation of such
open spaces for their intended purposes.
(3) It is recommended that this recreation area be centrally
located, but other areas may be better utilized for this purpose,
depending on topography and location of manufactured home park.
[Amended 12-8-1998 by L.L. No. 7-1998]
(4) The design of such areas shall be appropriate for
the intended use and location.
W. Service buildings.
(1) Service buildings shall meet all the requirements
of this chapter.
(2) Service buildings may be consolidated so that essential
services and management operations may be in one building. Single
construction is preferable if service buildings would adequately serve
all manufactured home lots.
[Amended 12-8-1998 by L.L. No. 7-1998]
X. Sales.
[Amended 12-8-1998 by L.L. No. 7-1998]
(1) Sale of lots in manufactured home park. No manufactured
home lot shall be sold within a manufactured home park.
(2) Manufactured home sales. No manufactured home shall
be offered for sale, displayed for sale or sold within a manufactured
home park unless such manufactured home is connected to all operating
utilities and is placed on a lot within the manufactured home license
or a designated sales area which meets all the conditions of this
chapter.
Y. Special use permit; license for operation; maintenance of manufactured home park. After all rules, regulations and provisions of this chapter and the Municipal Code of the Town of Phelps have been met, the Code Enforcement Officer shall issue a special use permit and license for operation and maintenance of a manufactured home park. Said applicant shall file a licensing fee as set forth in Chapter
A157, Fees. Said license is for a twelve-month period.
[Amended 12-8-1998 by L.L. No. 7-1998]
Z. Renewal fee. Within 40 days of expiration of said license, the applicant must file for renewal of the license. At this time, the Code Enforcement Officer and/or other authorities may make inspections of said manufactured home park to determine if compliance with provisions of this chapter and all other rules, regulations and codes have been met. After proper examination and notification, a renewal license will be issued by the Code Enforcement Officer. The renewal fee will as set forth in Chapter
A157, Fees.
[Amended 12-8-1998 by L.L. No. 7-1998]
AA. Transfer of license. No person holding a license shall
transfer said license until such time as the Code Enforcement Officer
or other authority shall have an opportunity to examine such park
to determine if compliance to this section and other rules and regulations
have been complied with. If approved by the Code Enforcement Officer,
a new license shall be issued upon payment of the transfer fee.
BB. Transfer fee. The transfer fee shall be as set forth in Chapter
A157, Fees.
CC. Inspection of manufactured home park. Any duly authorized
representative of the Town may inspect a manufactured home park at
reasonable intervals and at reasonable times to determine compliance
with this section.
[Amended 12-8-1998 by L.L. No. 7-1998]
DD. Suspension of revocation of license. Conviction of
the offense of violation of this chapter and any sanction or part
thereof may, in addition to other penalties herein provided, result
in suspension of the license in the discretion of the court.
EE. Appeal by licensee. The right of appeal and time and
manner for perfecting any judgment or decision of the court made therein
shall be as provided by law on conviction of a violation of a Town
ordinance.
FF. Management and duties of licensees.
(1)
Every manufactured home park shall be under
the direct management of the owner or licensee or his agent or representative.
Such person or persons shall:
[Amended 12-8-1998 by L.L. No. 7-1998]
(a)
Operate such park from an office located within
the park.
(b)
Maintain a bound book containing a record of
the names of all persons accommodated at the park, and their home
address.
(c)
Maintain an accurate record of the make, model
number and year of each manufactured home in park. This record shall
be available to any authorized person inspecting the park.
(2)
The person or persons to whom a license has
been issued shall operate the park in compliance with this chapter
and shall provide adequate supervision to maintain the park and keep
its facilities and equipment in good repair and in a clean, sanitary
condition.
(3)
The licensee will also:
(a)
Provide for adequate snow removal on all streets.
(b)
Provide for adequate garbage, rubbish and trash
collection.
(c)
Provide to the Tax Assessor within 14 days following
the arrival of any manufactured home the information called for by
the Tax Assessor and will also notify the Tax Assessor within 14 days
following the departure of any manufactured home from park.
[Amended 12-8-1998 by L.L. No. 7-1998]
GG. Bond required. The owner of a manufactured home park
shall be bonded annually in an amount to be determined by the Town
Board for the benefit of the Town and the occupants or lessees of
the manufactured home park.
[Amended 12-8-1998 by L.L. No. 7-1998]
[Amended 10-3-1994 by L.L. No. 2-1994]
All residential conversions shall have at least
two off-street parking spaces per dwelling unit, and each unit shall
have adequate light, air, heating and plumbing facilities and shall
have at least 3,000 square feet of lot area and 600 square feet of
floor area for each dwelling unit, but no converted building shall
have more than a total of four dwelling units.
[Amended 10-3-1994 by L.L. No. 2-1994]
Retail uses in the Industrial District. Such
uses shall be permitted only where the applicant can prove to the
Board of Appeals that such use is necessary to serve primarily industrial
uses in the vicinity.
[Added 8-5-1991 by L.L. No. 1-1991]
A. Site preparation or construction of a kennel shall
not commence nor shall any existing structure be occupied as a kennel
until the final site plan approval has been granted by the Planning
Board and a special use permit has been granted by the Zoning Board
of Appeals.
B. The site plan shall contain provisions for adequate
measures to prevent offensive noises and odors and a plan for disposal
of all animal wastes.
C. Refuse shall not be incinerated upon the lot on which
the kennel is located.
D. No kennel shall be closer than 100 feet to any lot
line other than the front lot line. This shall include all outdoor
areas enclosed by fences for the use of animals. No shelters shall
be located in the front yard. Also, no kennel shall be located closer
than 300 feet to an existing dwelling.