Town of LeRoy, NY Article VIIB Mobile Homes and Mobile Home Parks

[Adopted 1-26-1995[1]]

[1] Editor's Note: This ordinance superseded the former Mobile Home Ordinance of the Town of LeRoy, adopted 2-10-1976.

§ 165-41.4 Single mobile homes.

A. Regular housing situation.

(1) Single mobile homes may be permitted temporarily on a lot in the R+A, R-1 and R-2 Districts, upon the issuance of a temporary use permit. In order to apply for such a temporary use, there must first be a valid zoning permit issued for the erection of a residential dwelling on that lot, and the mobile home unit must comply with the current construction and safety standards set forth by the United States Department of Housing and Urban Development. Such mobile home shall be removed from the lot upon expiration of the temporary use permit or upon completion of the dwelling, whichever condition comes first.

(2) All such mobile homes shall comply with Subsection C(1)(a), (c), (d), (e) and (f) below.

B. Emergency housing situation. Single mobile homes or recreational vehicles may be permitted as a temporary residence in any district upon the determination that an emergency housing situation exists. Such emergency housing situation shall be limited to either man-made or natural disasters (i.e. fire, flooding, hazardous material incidents, etc.) which rendered existing housing units uninhabitable. The location of such emergency housing is not limited to the site containing the uninhabitable housing unit. The Code Enforcement Officer may grant a nonrenewable temporary emergency housing permit for a period of time not exceeding 90 days. Any extension of an emergency housing permit past this initial ninety-day period shall only be granted by the Town Planning Board. Such mobile home shall be removed from the lot upon expiration of the emergency housing permit.

C. Single mobile home; replacement of existing unit.

(1) An existing mobile home which is occupied as a one-family dwelling on any lot in a R+A, R1, R2 or C District may be replaced with another mobile home, provided that the following criteria are 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 Home Construction and Safety Standards.

(b) The location of the replacement mobile home shall not increase the degree of nonconformity (other than unit size and square footage) relative to the area requirements that exist with the current mobile home.

(c) The mobile home shall be installed in compliance with the New York State Uniform Fire Prevention and Building Code and shall be protected from ground frost heaves by one of the following methods:

[1] Footings and the load-carrying portion of the ground anchors shall extend below the frost line (minimum of 42 inches below finished grade); or

[2] The mobile home shall be placed on a reinforced concrete slab.

(d) The mobile home shall be skirted with a noncombustible material so as to enclose the area between the floor of the mobile home and the ground. Such skirting is to be properly ventilated and must be completed within 30 days after arrival.

(e) The water supply system and sewage disposal system for the mobile home shall be approved by the County Health Department.

(f) The mobile home shall have a minimum floor area of 800 square feet.

§ 165-41.5 Mobile home parks.

Mobile home parks may be permitted in the R+A, R-1 and R-2 Districts upon the issuance of a special use permit, provided that the following standards and requirements are complied with. Any changes to the approved mobile home site plan must be presented to and approved by the Town Planning Board.

A. Size. The size of all mobile home parks shall be a minimum of 15 acres.

B. Construction and safety standards. All mobile homes within the park shall comply with the current construction and safety standards set forth by the United States Department of Housing and Urban Development.

(1) Mobile homes shall have a minimum habitable floor area of 800 square feet.

(2) Solid-fuel-burning devices shall not be permitted within any mobile home in a mobile home park.

C. Layout and design.

(1) Double access. All mobile home parks containing 20 or more units shall have access to a public highway at two points, with such points being separated by at least 200 feet. This provision may be waived by the Town Planning Board if the applicant's proposal contains acceptable alternatives for emergency access.

(2) Buffer zones. The site shall be located and laid out so that no mobile home is located within 100 feet of any adjacent public highway right-of-way or within 100 feet of any other adjoining property line. Additional buffer areas may be required by the Town Planning Board if deemed necessary in order to avoid potential conflicts with existing, permitted or planned adjacent land uses.

(3) Other principal structures. A private conventional residence may be located within the confines of the mobile home park only to the extent that it is used as an office. Lot location and minimum distances shall be fixed by the Town Planning Board after due consideration of each case.

(4) Interior roadways. The layout of interior roadways, driveways and walkways shall be designed and maintained in such a manner as to provide for safe, efficient and orderly vehicular and pedestrian traffic acceptable to the Planning Board after a written report from the Highway Superintendent. In addition, all interior roadways shall be clearly identified by signs at each intersection. Such signs shall be acceptable to the Town Planning Board.

(5) Roadway (or driveway) clear zone width. All roadways shall have a minimum clear zone width of 40 feet which is completely clear of obstructions to a height of 12 feet.

(6) Roadway grades. The maximum roadway 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 public highway.

(7) Minimum radius. The minimum radius of curvature for any street shall be 50 feet.

(8) Alignment. Roadways shall be laid out so as to intersect as nearly as possible at right angles, and in no case shall any angle or intersection be less than 75°. Roadways in four-way intersections shall be directly across from one another or offset a minimum of 125 feet.

(9) Roadways. Roadway or driveway pavement shall be located in the center of the roadway clear zone and shall be at least 20 feet wide with five-foot wide shoulders. If parking provision is made within the roadway clear zone, such parking shall be off the pavement, and the clear zone shall be increased accordingly.

(10) Parking. Two parking spaces shall be provided for each mobile home lot to meet the needs of occupants of the mobile home park and their guests without interference with normal movement or vehicular or pedestrian traffic. Such parking may be in tandem. Each parking space shall have minimum dimensions of at least 10 feet by 20 feet per vehicle and shall have concrete or blacktop surfacing.

(11) Auxiliary parking. Auxiliary parking areas for motor vehicles shall be provided at a ratio of one parking space to every three mobile home units. Additional auxiliary parking areas are to be provided for parking trucks, maintenance equipment, boat trailers, utility trailers and similar such equipment and vehicles as may be determined by the Town Planning Board.

(12) Mobile home lot size. All lots shall be a minimum of 10,000 square feet, exclusive of any common areas, and shall have a minimum dimension of 80 feet across the lot. No common areas such as buffer zones, roadway clear zones, auxiliary parking lots, recreational areas, service buildings and areas, etc., shall be counted towards required individual mobile home lot areas.

(13) Walkways. Walkways shall be laid out so as to connect service buildings, dry yards and storage lockers with roadways. Walkways shall also provide access to recreation areas if such areas are not located adjacent to a roadway. Each roadway shall have a walkway running parallel to it, separated from the roadway by a minimum distance of seven feet. Additional walkways may also be placed along the rear of each lot. All walkways shall be a minimum of three feet wide and thickness of four inches over four inches of ROB gravel and shall be provided with joints so designed as to minimize cracking. All walkways shall be made of concrete or blacktop or other similar material approved by the Town Planning Board.

(14) Recreation areas. Recreation areas shall be provided in central locations at a minimum of 5% of the total park area or as required by the Planning Board. Recreational areas shall include playgrounds for children and separate areas for more passive enjoyment by adults. The playgrounds shall be equipped with play equipment for children under 10 years of age and should be away from traffic.

(15) Public telephones. If public telephones are provided within the court, they shall be located directly adjacent to service buildings.

(16) Mailboxes. Mailboxes shall be located in compliance with United States Postal regulations and shall not be placed in any location where they constitute a safety hazard to pedestrians or to vehicles.

(17) Trees. All existing trees shall be preserved insofar as possible in the design of the park.

D. Siting of mobile homes. Mobile homes shall be so situated within the mobile home park in conformance with the following:

(1) The following minimum setback distances shall be maintained when providing specific locations of mobile homes as related to each other within the park:

(a) Side yard: Minimum distance of 10 feet to line.

(b) Front and rear yards: Minimum distance of 25 feet to line.

(2) In cases of irregularly shaped lots, the Planning Board may modify and vary the above provisions and shall determine the application of the above listed provisions, but in no case shall any two mobile homes be closer than 20 feet from one another.

(3) No mobile home shall be located less than 50 feet from any service or storage building other than approved accessory buildings located on and serving the specific mobile home lot as set forth in § 165-41.6L of this chapter.

(4) The percent lot coverage for an individual mobile home lot shall be no greater than 25%.

(5) No occupied travel or recreational vehicle or other form of temporary-type living units shall be permitted in a mobile home park.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(6) Every mobile home lot shall be clearly identified by a number located on a sign or light post located on the lot.

§ 165-41.6 Required improvements.

A. Water and sewer systems. Water supply and sewage treatment facilities shall be installed and maintained in compliance with the requirements of the New York State Health Department, Department of Environmental Conservation and the Genesee County Health Department.

B. Underground utilities. Electrical systems, gas piping systems, cable and telephone wires and community and individual fuel storage shall be installed underground and maintained in compliance with the New York State Uniform Fire Prevention and Building Code.

C. Artificial lighting. Artificial lighting shall be provided from dusk to dawn to illuminate walks, driveway, roadways and parking spaces for the safe movement of pedestrians and vehicles. Specifically, roadway lighting shall be provided as follows:

(1) Overhead roadway lighting shall have a minimum clearance above the pavement of 12 feet and shall have a minimum power capacity necessary to meet acceptable industry standards.

(2) Service buildings shall have sufficient exterior lighting fixtures so as to properly illuminate entrances and side yards connected therewith.

D. Refuse disposal. It shall be the responsibility of the park owner to ensure that garbage and rubbish shall be collected and properly disposed of outside the park as frequently as may be necessary to ensure that garbage receptacles do not overflow, but at least every seven days. This responsibility shall include either the provision of garbage cans with tight-fitting covers to each unit or dumpsters which service a number of units. Exterior property areas shall be maintained free from organic and inorganic material that might become a health, incident or fire hazard. Suitable screening shall be provided for all community refuse (dumpster) areas.

E. Roadway paving. All roadways within the park shall be paved for a minimum width of 20 feet, with a five-foot shoulder, in accordance with specifications acceptable to the Town Planning Board.

F. Parking area paving. Areas for motor vehicle parking and access driveways shall be surfaced with asphalt or concrete.

G. Mobile home lot. Each mobile home lot shall contain a mobile home stand to provide adequate support for the placement and tie-down of the mobile home. The stand shall not heave, shift or settle unevenly under the weight of the mobile home as a result of any frost action, inadequate drainage, vibration or other such forces. The material used in constructing the stand should be durable and capable of supporting the expected load, regardless of the weather, and shall be constructed in compliance with the New York State Uniform Fire Prevention and Building Code. In addition, the footings and the load-carrying portion of the ground anchors shall extend below the frost line.

H. Patios and/or decks. Mobile home lots may be provided with patios and/or decks. If installed, patios and/or decks may be covered and shall conform to distance separations, lot setbacks and percent lot coverage requirements and shall not be enclosed (insect screening is allowable). No permanent or habitable additions shall be allowed.

I. Stormwater drainage. Mobile home parks shall have adequate facilities for drainage of surface and subsurface water. The entire mobile home park shall be graded to facilitate the safe and efficient drainage of surface water and so as to prevent ponding or accumulation of water which could become a health, safety or other hazard. The applicant/owner shall also be required to comply with any and all rules and regulations of the New York State Department of Environmental Conservation regarding stormwater discharge. All ditches, culverts or other drainage facilities shall be maintained in such a manner as to function as designed. Any such drainage facilities as are designed to cross or run adjacent to any Town, county or state highway shall have the design thereof approved by the appropriate Highway Superintendent or Engineer. Drainage ditches shall be provided where necessary to provide for the removal of surface drainage. Such ditches shall be provided in such a way as not to constitute a hazard to pedestrians. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be utilized where deemed necessary and shall be acceptable for a size specified by the Town Planning Board and the Genesee County Soil and Water Conservation District.

J. Service buildings. The developer shall be required to furnish service buildings in conformance with the following:

(1) Service buildings shall be located in such a way as to prohibit primary access directly adjacent to a mobile home lot.

(2) Service buildings housing sanitation and laundry facilities or any other facilities shall be permanent structures complying with the New York State Uniform Fire Prevention and Building Code and the New York State Sanitary Code.

(3) The service buildings shall be well lighted at all times from dusk to dawn; be well ventilated with screened openings; be constructed of such moisture-proof material, including painted woodwork, as shall permit repeated cleaning and washing; and be maintained at a temperature of at least 68° F. during the period of October 1 to June 1. The floors of such buildings shall be of concrete and supplied with drains.

K. Additional structures on mobile home lots. Additional structures on mobile home lots are subject to the following:

(1) No nonintegral structural addition or other accessory building or structure in excess of 100 square feet shall be permitted on any mobile home lot.

(2) Accessory buildings and awnings shall conform to distance separations, lot setbacks and percent lot coverage requirements.

(3) Accessory buildings shall not be placed in front yards.

L. Mobile home park owner obligations. In general, home parks shall be properly maintained so as to ensure the desirable residential character of the property. Specifically, the following shall apply:

(1) Yard maintenance. Mobile home parks shall be maintained reasonably free from holes and excavations, sharp protrusions and other objects or conditions which might be a potential cause of personal injury. Walks, steps, driveways and roadways that contain holes or tripping hazards shall be filled, repaired or replaced as the need indicates. Trees or limbs of trees that constitute a hazard shall be removed. Snow removal is the responsibility of the mobile home park owner. Buffer areas shall be mowed and maintained by the mobile park owner.

(2) Noxious weeds. Ragweed and other noxious weeds considered detrimental to health, such as a poison ivy or poison sumac, shall be completely eliminated from all areas of the mobile home park. Open areas shall be maintained free of heavy undergrowths of any description.

(3) Accessory structures. All accessory buildings or structures shall be kept in good repair, free from health, fire and accident hazards. They shall be of durable construction and appropriate for intended use and location. Exterior wood surfaces of all structures that are not inherently resistant to deterioration shall be periodically treated with a protective coating or paint or other suitable preservative.

(4) Gravel areas. All areas surfaced with gravel shall be kept clear of all forms of vegetation.

(5) Infestation. Grounds and structures shall be maintained free of insect, vermin and rodent harborage and infestation. Methods used for purposes of extermination shall conform to generally accepted practice.

M. Mobile home park plans and registration of mobile home park occupants. It shall be the duty of each mobile home park owner/operator to keep a register containing a record of all mobile home owners and occupants located within the park. This register shall contain the following:

(1) The name and legal address of all occupants.

(2) The name and address of the owner of each mobile home.

(3) The make, model, year and license number of each mobile home.