[HISTORY: Adopted by the Town Board of the
Town of Canandaigua 10-17-2006 by L.L. No. 11-2006 (Ch. 68 of the 1977
Code). Amendments noted where applicable.
[Amended 12-5-2011 by L.L. No. 11-2011]
The purpose of the Manufactured Housing District is to promote
the health, safety and general welfare of the park by regulating the
placement, occupancy and maintenance of manufactured homes by establishing
minimum standards for such dwellings. Another purpose is to encourage
and allow multiple structures and uses on one subdivided lot to create
a more complete residential development with home sites as well as
other ancillary uses and facilities, including but not limited to
maintenance, storage, recreation and laundering.
[Amended 12-5-2011 by L.L. No. 11-2011]
A.
For properties zoned manufactured home, multiple residential sites
and ancillary uses and facilities shall be allowed on one subdivided
lot in conformance with the requirements in the Town Code and subject
to site plan approval by the Planning Board.
B.
The minimum lot size for a manufactured home park shall be 10 acres.
[Amended 12-5-2011 by L.L. No. 11-2011]
A.
Rezoning. Land to be used for a manufactured home park shall be zoned
MH Manufactured Home District. Applications for lands to be rezoned
shall follow established procedures for formal consideration of Zoning
Map amendments.
B.
Site plan approval. Before development or expansion of a manufactured
home park, the owner(s) of suitably zoned lands shall make application
to the Town Planning Board for site plan approval.
C.
Prior to the placement of any manufactured home within a manufactured
home park, all site improvements must be completed.
Each manufactured home lot located within a manufactured home
park shall have corner pins which are clearly marked and shall contain
a minimum of 7,200 square feet, with a minimum lot width of 60 feet
and shall have such shape that each manufactured home is placed on
the lot so as to meet the following setback requirements:
A.
Front yard setback. There shall be a minimum of 25 feet from the
edge of road pavement to the front portion of a manufactured home.
On a corner lot, there shall only be one front setback, which shall
be measured from the driveway side of the manufactured home lot.
B.
Side yard setback. There shall be a side yard setback of 10 feet
separating all structures on each lot.
C.
Rear yard setback. There shall be a setback of 10 feet from the rear
lot line to any structure located on said lot.
D.
Minimum size of individual manufactured home. The minimum size of
any individual manufactured home in a manufactured home park shall
be 720 square feet.
E.
Accessory buildings on individual lots. One accessory building not
to exceed 144 square feet in area and 10 feet in height shall be permitted
for each manufactured home lot. The accessory structure shall be separated
from any manufactured home either on the subject lot or an adjacent
lot by 10 feet.
F.
Skirts. Each manufactured home shall be required to fully enclose
the bottom portion of the dwelling, with material which shall be uniform
in appearance, design and type as the manufactured home dwelling,
within 30 days after arrival in the manufactured home park and placement
on a lot therein.
G.
Parking areas and/or driveways. Two off-road parking spaces must
be provided for each manufactured home lot. The parking space shall
be not less than 15 feet wide by 20 feet long. Said parking areas
and/or driveways shall be constructed of concrete or bituminous asphalt
or equivalent, at least a minimum of four inches of compacted gravel
base with three inches of asphalt topping. The parking spaces may
be grouped for each two manufactured homes. Such grouping shall provide
a parking area of not less than 36 feet in width by 20 feet in depth.
H.
Vehicle storage. Common storage space shall be provided by the owner
of the manufactured home park to all tenants. No travel trailer, camper,
boat, snowmobile or similar auxiliary vehicle or conveyance shall
be stored on any manufactured home lot within a manufactured home
park. A supplemental park storage area shall be provided within a
screened open area provided for the storage of all auxiliary vehicles.
No unlicensed or unregistered vehicle shall be permitted within a
manufactured home park.
[Amended 12-5-2011 by L.L. No. 11-2011]
The entrance road connecting the manufactured home park with
the public road providing access thereto shall have a minimum paved
road width of 22 feet.
[Amended 12-5-2011 by L.L. No. 11-2011]
Roads within the manufactured home park shall conform to the
following:
B.
Road signs. Permanent road signs of the same type and design in general
use throughout the Town, showing the name of the road and roads intersecting,
shall be allowed at each intersection within the manufactured home
park. Each of said signs shall bear the designation "drive."
C.
Road names. All road names within the manufactured home park shall
first be approved by the Ontario County 911 Emergency Communications
Center.
D.
Culs-de-sac shall be provided in lieu of closed-end roads and shall
have a turnaround with an outside paved diameter of at least 90 feet.
E.
Road lighting. Adequate dark-sky-compliant road lights shall be provided
at each intersection from dusk to dawn.
[Amended 12-5-2011 by L.L. No. 11-2011]
Disposal shall be provided for all rubbish, trash and garbage at least once weekly by the owner of the manufactured home park or his agent in conformance with Town requirements. Dumping on private land is prohibited by Chapter 100 of the Town Code.
[Amended 12-5-2011 by L.L. No. 11-2011]
Liquefied petroleum gas tanks shall be located at the rear of
the manufactured home and shall be landscaped and screened from public
view.
An adequate system of stormwater drainage which
satisfies the State of New York Stormwater Regulations, as may be
amended from time to time, shall be provided and approved by the engineer
for the Town of Canandaigua. All runoff shall be conducted to a suitable
retention or detention pond then to natural drainage where the manufactured
home park owner has rights of discharge.
Each manufactured home park shall make provision
for sanitary equipment to prevent littering of the grounds and premises
with rubbish, garbage and refuse. Each manufactured home lot shall
have an adequate number of containers with tightly fitting covers.
Disposal shall be provided for all rubbish, trash and garbage at least
once weekly by the owner of the manufactured home park or his agent
in conformance with Town requirements. All containers shall be stored
behind the manufactured home away from the adjacent road.
[Amended 6-28-2010 by L.L. No. 3-2010]
Every manufactured home park shall contain an
electrical wiring system consisting of wiring fixtures, equipment
and appurtenances which shall be installed and maintained in accordance
with local electric power company specifications and regulations.
All wiring fixtures and connections must be approved by a qualified
inspection agency approved by the Town. Specific regulations shall
be as follows:
A.
Each manufactured home lot shall be provided with
an approved disconnecting device and over-current protective equipment.
The minimum service per outlet shall be 120/240 volts AC, 100 amperes.
B.
All electric and telephone lines shall be installed
and maintained underground.
C.
Each manufactured home lot may have exterior lighting,
provided first that each fixture shall be dark-sky compliant and shall
not cause glare or illumination to trespass onto an adjacent manufactured
home lot or road within the manufactured home park.
A.
All manufactured home parks shall be required to provide
facilities for the safe storage of necessary fuels. All fuel systems
shall be installed and maintained in accordance with applicable codes
and regulations governing such systems.
B.
Natural gas installations shall be planned and installed
so that all components and workmanship comply with requirements of
the American Gas Association, Inc., and conform to the requirements,
inspections and approval of the utility which will supply this product.
C.
Fuel oil systems with either common or individual
supplies shall be designed, constructed, inspected and maintained
in conformance with the provisions of the National Fire Protection
Association, Standard 30, or the requirements of the State Uniform
Fire Prevention and Building Code. All fuel storage tanks, whether
provided as a bulk supply for a group of manufactured homes or on
each individual manufactured home lot, shall be supplied with permanently
installed and secured piping.
D.
Liquefied petroleum gas systems shall be selected,
installed and maintained in compliance with the requirements of the
National Fire Protection Association, Standard 58, or the requirements
of the State Uniform Fire Prevention and Building Code. Liquefied
petroleum gas tanks shall be located at the rear of the manufactured
home and shall be landscaped and screened from public view.
E.
The burning of wood and coal associated with an approved
fireplace located within a manufactured home may be allowed, provided
that the storage of wood and coal on a manufactured home lot shall
only be allowed behind the dwelling.
[Amended 12-5-2011 by L.L. No. 11-2011]
In all parks, there shall be one or more recreation areas which
shall be easily accessible to all park residents. No outdoor recreation
area shall contain less than 5,000 square feet for each 20 manufactured
home lots.
If the manufactured home park is to include park facilities
and activities, such as meeting rooms, recreation buildings, laundry
rooms, swimming pools and central mail distribution, the manufactured
home park site plan shall include details of these facilities and
the owner's statement of intent to provide adequate supervision and
management of such facilities and activities.[1]
[1]
Editor's Note: Original Subsection B, Landscaping requirements,
which immediately followed, was repealed 6-28-2010 by L.L. No. 3-2010.
[Added 6-28-2010 by L.L. No. 3-2010]
All manufactured home park lots, facilities, open space and
recreation areas shall be landscaped with trees, shrubs and grass
and shall provide adequate, paved off-road parking spaces. A landscaping
plan to be approved by the Planning Board shall be provided as part
of the manufactured home park site plan submission. Said plan shall
detail all plantings, locations and provide an estimated bond or letter
of credit amount.
[Amended 6-28-2010 by L.L. No. 3-2010; 12-5-2011 by L.L. No. 11-2011]
Buffer zones. Manufactured home parks shall be buffered by a
fifty-foot zone comprised of densely planted trees, shrubs, bushes
and flowers. A detailed landscaping plan depicting the plantings within
the fifty-foot buffer zone shall be provided as part of the manufactured
home park site plan. The Planning Board, as part of final site plan
approval, may modify the buffer requirements by requiring decorative
fencing or other means as deemed appropriate.
[Amended 12-5-2011 by L.L. No. 11-2011]
Each manufactured home stand shall be provided with a durable
surface walkway leading from the dwelling's main entrance to
the road or to the driveway.
A.
Area. The area of the manufactured home stand shall
be improved to provide an adequate foundation as set forth in the
New York State Uniform Fire Prevention and Building Code for construction,
installation, placement and tie-down of the manufactured home, thereby
securing the superstructure against uplift, sliding, rotation and
overturning.
B.
Stand. The manufactured home stand shall not 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 superstructure.
C.
Anchors and tie-downs. The manufactured home stand
shall be provided with anchors and tie-downs, such as cast-in-place
concrete dead-men eyelets embedded in concrete foundations or runways,
screw augers, arrowhead anchors or other devices securing the stability
of the manufactured home to the installation standards specified in
the design criteria for the unit. Where design criteria is not available,
then the standards specified in the New York State Fire Prevention
and Building Code shall apply.
[Amended 12-5-2011 by L.L. No. 11-2011]
Each manufactured home lot shall be assigned a permanent number
which shall be noted on the manufactured home lot in a location clearly
visible from the adjacent roadway.
[Amended 12-5-2011 by L.L. No. 11-2011]
A.
Building permit. With the written consent of the owner of the manufactured
park, a building permit must be obtained from the Code Enforcement
Officer prior to construction of any enclosure or addition to an existing
manufactured home. The application, therefore, must show a detailed
plan of the proposed construction, showing compliance with the terms
of this chapter.
B.
No enclosure or addition having a ground area greater than 50% of
the ground area of the manufactured home shall be constructed on or
added to the exterior of any manufactured home, and it must be compatible,
both functionally and aesthetically, with the manufactured home.
C.
Carport exception. The foregoing of this section shall not apply
to carports.
D.
All enclosures or additions, including carports, shall comply with the setback criteria set forth in § 134-5 of this chapter.
E.
Such enclosure or addition shall be removed from the manufactured
home park within three months of the removal of the principal structure.
The owner of every manufactured home park shall
keep a record of the occupants and the manufactured homes located
within the park. A copy of such register shall be made available to
the Code Enforcement Officer upon his demand. Such register shall
contain the following:
A.
The name and address of each occupant.
B.
The make, model, year and serial number of each manufactured
home and the manufactured home space within the park on which the
same is located.
C.
The dates of arrival and departure of each manufactured
home.
D.
The permits issued.
E.
The certificate of compliance.
F.
The certificate of occupancy.
Any sale of a manufactured home space or spaces
or portion of a manufactured home park, other than the entire manufactured
home park, as shown on the plan of such park approved by the Town,
shall thereupon immediately invalidate the license for the operation
of such park approved by the Town Board. Any use of any of the premises
within the manufactured home park other than as a manufactured home
park shall thereupon immediately invalidate the license of such park
approved by the Town Board.
[Amended 12-5-2011 by L.L. No. 11-2011 ]
For new and existing parks, the park owner, or his or her assigned
representative, shall:
A.
Promptly notify the Town of changes of ownership or operation of
the park.
B.
Notify park occupants of all applicable provisions of this chapter
and inform them of their responsibilities regarding compliance with
same.
C.
Keep a record of the occupants and the manufactured homes located
within the park. A copy of such register shall be made available to
the Code Enforcement Officer upon his demand. Such register shall
contain the following:
(1)
The name and address of each occupant.
(2)
The make, model, year and serial number of each manufactured home
and the manufactured home space within the park on which the same
is located.
(3)
The dates of arrival and departure of each manufactured home.
(4)
The permits issued.
(5)
The certificate of compliance.
(6)
The certificate of occupancy.
D.
Operate the park in compliance with this chapter and provide adequate
supervision to maintain the park, its common grounds, roads, facilities
and equipment in good repair and in a clean and sanitary condition.
E.
Maintain roadways within the manufactured home park in good repair.
Such roadways shall be open at all times for travel by occupants of
the park and necessary fire, police, ambulance, school buses, public
utility maintenance and fuel supply vehicles. The park owner shall
be responsible for providing and paying the cost of such maintenance
and all necessary snow removal. The provisions of this subsection
shall apply to existing manufactured home parks and manufactured home
parks hereafter established within the Town of Canandaigua.
F.
Place or supervise the placement of each manufactured home on its
manufactured home stand, which includes ensuring its stability by
securing all tie-downs and installing all utility connections.
G.
Develop a central dispersal point for mail delivery in compliance
with the United States Post Office.
[Amended 12-5-2011 by L.L. No. 11-2011]
The park occupant shall be responsible for the maintenance of
his or her manufactured home, any appurtenances thereto and all yard
space on the site in a neat and sanitary condition.
A.
Application. Where land to be used for a manufactured
home park is already zoned MH Manufactured Home District, an applicant
for a manufactured home park license must obtain from and file with
the Town Zoning Officer an application for a manufactured home park.
A nonrefundable filing fee, as determined by resolution of the Town
Board and on file in the Town Clerk's Office, shall be paid at the
time of filing.
B.
Rezoning. If the land to be used for a manufactured
home park is not zoned MH Manufactured Home District, then a written
request shall be made to the Town Board to consider a formal amendment
to the Town's Official Zoning Map designating the subject property
as MH. Said written request shall be made to the Town Clerk and placed
upon the next available agenda of the Town Board. The established
procedures for formal consideration of a rezoning request shall be
followed.
C.
Site plan approval. Once the land to be used for a
manufactured home park has been zoned MH Manufactured Home District
by the Town Board, the application for a license for a manufactured
home park is referred to the Town Planning Board for site plan approval.
The contents of an application for final site plan approval are set
forth below:
(1)
A legal description of the property on which the proposed
manufactured home park is to be located; and
(2)
A final site plan, drawn by a licensed professional,
shall be submitted with the following details shown:
(a)
An overall plan of the proposed manufactured
home park, including the location and number of proposed manufactured
home lots with corner pins shown for each lot, the lot size dimensions,
road and driveway locations, fire hydrants, water lines, sewer lines,
road lights, drainage provisions including stormwater compliance,
a plan for a buffer zone, recreation and open space areas, present
and future land contours at a maximum of five-foot intervals, a footprint
for each manufactured home, the location of all accessory structures
on each lot, the location of common storage areas, and location of
any proposed park service buildings (including mailbox locations).
(b)
The site's unique natural resources, including
but not limited to streams, creeks, areas of flood hazard, areas of
steep slopes (slopes in excess of 15% or greater), established wooded
areas, ridgelines and/or shorelines.
(3)
The applicant, if not the owner of the subject site,
must submit a letter from the owner agreeing to and acknowledging
the proposed application for a license to operate a manufactured home
park on the subject site.
D.
The Planning Board must approve an application for final site plan approval in order for the Town Zoning Officer to issue a certificate of compliance. The process for site plan approval is set forth in Chapter 220 of the Town Code. Once a certificate of compliance has been issued by the Town Zoning Officer, the Town Clerk may then issue a license to the owner of the manufactured home park to operate said facility in accordance with the provisions of this chapter.
E.
No building permits may be issued for any manufactured
home park until a license to operate said facility has been issued
by the Town Clerk.
[Amended 12-5-2011 by L.L. No. 11-2011]
A.
Enforcement officers designated; right of entry.
(1)
This chapter shall be enforced by the Zoning Officer (ZO) and the
Code Enforcement Officer (CEO) of the Town of Canandaigua.
(2)
Said officers and their inspectors shall be authorized and have the
right in the performance of duties to enter any manufactured home
park and make such inspections as are necessary to determine satisfactory
compliance with this chapter and regulations issued thereunder. Such
entrance and inspection shall be accomplished at reasonable times,
after prior notice to the park operator and, in emergencies, whenever
necessary to protect the public interest. Owners, agents or operators
of a manufactured home park shall be responsible for providing access
to all parts of the premises within their control to the ZO and CEO
or their inspectors, acting in accordance with the provisions of this
chapter.
B.
Before occupancy. Before occupancy of any manufactured home, a certificate
of occupancy must be obtained from the Code Enforcement Officer.
[Amended 12-5-2011 by L.L. No. 11-2011]
Upon determination by the Zoning Officer that there has been
a violation of any provisions of this chapter, he or she shall serve
upon the holder of the license for such manufactured home park an
initial order, in writing and by registered mail, directing that the
conditions therein specified be corrected within 90 days after the
date of delivery of such order.
If, after the expiration of such ninety-day
period, such violations are not corrected, the Zoning Officer shall
serve a notice in writing, upon such manufactured home operator, requiring
the holder of the park license to appear before the Town Board of
the Town of Canandaigua at a time to be specified in such notice to
show cause why the manufactured home park license should not be revoked.
Such hearing before the Town Board shall occur not less than 48 hours
nor more than 10 days after the date of service of said notice by
the Zoning Officer.
[Amended 6-28-2010 by L.L. No. 3-2010]
Within 10 business days after the close of the hearing at which the testimony and witnesses of the Zoning Officer and the manufactured home park license holder shall be heard, the Town Board shall make a determination, in writing, sustaining, modifying, or withdrawing the order issued, as directed in § 134-27 of this chapter. Failure to abide by any Town Board determination to sustain or modify the initial order of the Zoning Officer and to take corrective action accordingly shall be cause for the revocation of the manufactured home park license by such order and determination.
A.
When there are practical difficulties, unusual circumstances
or design innovations involved, the Planning Board may recommend and
the Town Zoning Board of Appeals may grant area variances from any
of the provisions and regulations of this chapter, except those related
to the requirements of the State Department of Health or the State
Department of Environmental Conservation.
B.
Requests for a variance shall be in writing on forms
provided by the Town Zoning Officer from the person applying for the
manufactured home park license required in accordance with regulations
for manufactured home license.
[Amended 12-5-2011 by L.L. No. 11-2011]
Any person aggrieved by any decision of the Zoning Officer may
appeal to the Town Zoning Board of Appeals. Any determination by the
Town Zoning Board of Appeals under this chapter shall be subject to
review by the Supreme Court under Article 78 of the Civil Practice
Law and Rules.
[Amended 12-5-2011 by L.L. No. 11-2011]
A violation of this chapter is an offense punishable by a fine
not exceeding $350 for each week's continued violation or by
imprisonment for not more than 15 days, or by both such fine and imprisonment.
For the purposes of conferring jurisdiction upon courts and judicial
offices, violations of this chapter shall be deemed to be violations.
No manufactured home shall be located outside a manufactured home park, except as noted elsewhere in Chapter 220 of the Town Code of the Town of Canandaigua.
A.
Prior to the issuance of a license for a manufactured
home park or the annual renewal of any such license, the owner of
the park shall pay to the Town Clerk such fees as may from time to
time be adopted by the Town Board.
B.
An inspection certificate to be issued jointly by
the Town Zoning Officer (ZO) and the Town Code Enforcement Officer
(CEO). The fee for said inspection certificate is to be determined
by the Town Board shall be paid to the Town Clerk by the manufactured
home park owner.
A.
The owner of any manufactured home park existing prior
to the adoption of this chapter shall apply for a manufactured home
park license within one year from the date of adoption of this chapter,
and such license shall be subject to renewal every year thereafter.
B.
No license for a manufactured home park existing at
the time of enactment of this chapter shall be expanded upon unless
in conformance with the provisions of this chapter.
The license for a manufactured home park shall be valid for a period of one year. Upon application by the owner for renewal of an existing license and payment of the required fees, the Zoning Officer (ZO) and Code Enforcement Officer (CEO) shall within 30 days of receipt of a complete application jointly inspect the park for compliance with any and all conditions of approval. If the park is found to be in compliance, the ZO and CEO shall issue a joint report to the Town Clerk for the renewal of the park license for a period of one year from the date of the joint report. If the manufactured home park has not been constructed in accordance with approved plans and all conditions attached thereto or if a violation of this chapter shall be found or if any unapproved change shall have taken place, the license will not be renewed until said manufactured home park has been brought into conformance. In such case, the Zoning Officer (ZO) shall serve an order upon the holder of the park license in accordance with the provisions of §§ 134-27, 134-28 and 134-29 of this chapter.
[Amended 12-5-2011 by L.L. No. 11-2011]
A.
The provisions of this chapter shall supersede local laws, ordinances,
codes or regulations to the extent such laws, ordinances, codes or
regulations are inconsistent with the provisions of this chapter,
provided that nothing herein contained shall be construed to prevent
the adoption and enforcement of a law, ordinance or regulation which
is more restrictive or establishes a higher standard than those provided
in this chapter and such more restrictive requirement or higher standard
shall govern during the period in which it is in effect.
B.
In a case where a provision of this chapter is found to be in conflict
with a provision of a zoning, building, electrical, plumbing, firesafety,
health, water supply or sewage disposal law or ordinance, or regulation
adopted pursuant thereto, or other local law, ordinance, code or regulation,
the provision or higher standard shall prevail.
