A.
The Residential Mobile Home District (R-3) is intended to provide
for the location and regulation of mobile home parks. It is intended
that mobile home parks be provided with necessary community services
in a setting that provides a high quality of life for residents. These
districts should be located in areas where they will be compatible
with adjacent land uses.
B.
The regulations established by state law (Michigan Public Act 96
of 1987, as amended) and the Manufactured Housing Commission rules
govern all mobile home parks. When regulations in this article exceed
the state law or the Manufactured Housing Commission rules they are
intended to insure that mobile home parks meet the development and
preliminary plan standards established by this article for other comparable
residential development and to promote the health, safety and welfare
of the Village residents.
A.
Principal uses and structures. In all areas zoned Residential (R3),
no buildings shall be erected, used, or structurally altered, nor
shall the land or premises be used, in whole or in part, except for
one or more of the following principal permitted uses:
B.
Accessory uses and structures. The following uses and structures accessory to principal uses and structures in the R-3 District shall be permitted, subject to the provisions in § 370-123:
D.
Conditional land uses. The following uses may be permitted by the
Village Council, upon recommendation by the Village Council, subject
to the conditions specified for each use; review and approval of the
site plan by the Planning Commission; any special conditions imposed
by the Planning Commission that are necessary to fulfill the purposes
of this chapter.
A.
Preliminary plan review.
(1)
Pursuant to Section 11 of Michigan Public Act 96 of 1987, as
amended, a preliminary plan shall be submitted to the Village for
review by the Planning Commission. The preliminary plan shall include
the location, layout, general design, and general description of the
project. The preliminary plan shall not include detailed construction
plans.
(2)
In preparing the preliminary plan and when reviewing the plan,
the following procedures and requirements shall apply, except where
said procedures and requirements are superseded by requirements in
Public Act 96 of 1987, as amended, or the Manufactured Housing Commission
rules.
B.
Application filing. Any person requesting any action or review under
the provisions of this chapter shall file an application on the forms
provided by the Village. The information required shall be typed or
legibly written on the form or on separate sheets attached to the
form. The application should contain the following items:
(1)
Location and number of pads for mobile homes.
(2)
Typical distance between mobile homes.
(3)
Identification of typical minimum setbacks for mobile homes
on each lot.
(4)
Average and range of size of mobile home lots. A typical site
size illustration will suffice.
(5)
Density calculations (dwelling units per acre).
(6)
Sidewalks and trail locations and widths, if provided.
(7)
Location and names of roads and internal drives.
(8)
Community building location, if applicable.
(9)
Location and size of open areas.
(10)
Indication of type of recreation facilities proposed for recreation
area, if any.
C.
Optional pre-filing conference. Applicants may request to meet with
Village staff, including any consultants designated by the Village
Council, to preliminarily review applications prior to filing. Such
pre-filing conferences are intended to assist the applicant and facilitate
the future review and approval of the application. However, no suggestions,
recommendations, or other comments made by Village officials, staff
or consultants at such conferences shall constitute approval of any
application.
D.
Planning Commission action. The Planning Commission shall review
all applications at a public meeting. The Planning Commission shall
consider all recommendations of the staff and consultants. Pursuant
to Section 11 of Public Act 96 of 1987, as amended, the Planning Commission
shall take action on the preliminary plan and/or site plan within
60 days after the Village stamps a plan meeting all of the requirements
of this section as being officially received. All applications that
the Planning Commission has been charged with the authority to approve
under the provisions of this chapter shall be approved, denied, or
approved subject to conditions. The Planning Commission may table
an application for further study or to obtain additional information,
provided that final action is taken within the sixty-day review period.
E.
Filing fees.
F.
Minimum requirements. Mobile home parks shall be subject to all the
rules and requirements as established and regulated by Michigan law,
including, by way of example, Act 96 of 1987, as amended, and the
Manufactured Housing Commission rules and, in addition, shall satisfy
the following minimum requirements.
G.
Parcel size for overall park. The minimum parcel size for mobile
homes shall be 20 acres.
H.
Minimum site size. Mobile home parks shall be developed with an average
site size of 5,500 square feet Individual sites may be reduced to
as small as 4,400 square feet, provided that for every square foot
of land gained through such reduction, at least an equal amount of
land shall be dedicated as open space for the collective use and enjoyment
of all mobile home park residents. This open space shall be in addition
to the open space required under the Manufactured Housing Commission
rules in effect at the time the proposal is submitted.
I.
Setbacks. Mobile homes shall comply with the following minimum distances
and setbacks:
(1)
For a home not sited parallel to an internal road: 20 feet from
any part of an adjacent mobile home that is used for living purposes
for the entire year.
(2)
For a home sited parallel to an internal road: 15 feet from
any part of an adjacent mobile home that is used for living purposes.
(3)
Seven feet from any on-site parking space of an adjacent mobile
home site per Rule 125.194(2)(b) of the Manufactured Housing Commission
rules.
(4)
Ten feet from any attached or detached accessory structure of
an adjacent mobile home that may not be used for living purposes for
the entire year.
(5)
Fifty feet from any permanent community-owned structure such
as community buildings or maintenance or storage facilities.
(6)
One hundred feet from any baseball, softball or similar recreational
field.
(7)
Twenty-five feet from the fence of any swimming pool.
(8)
Ten feet from the edge of an internal road, provided that such
road is not dedicated to the public. Mobile homes and other structures
in the R-3 District shall be set back at least 20 feet from the right-of-way
line of a dedicated public road within the mobile home park.
(9)
Seven feet from any parking bay of a home site.
(10)
Seven feet from a common sidewalk.
(11)
All mobile home, accessory buildings and parking shall be set
back not less than 20 feet from any mobile home park boundary line,
except that a minimum setback of 50 feet shall be provided from existing
and future right-of-way lines of abutting streets and highways contained
in the Village's adopted Master Plan.
(12)
Fifty feet from the edge of any railroad right-of-way.
(13)
Twenty-five feet from a natural or man-made lake or waterway.
J.
Maximum height. Buildings in the R-3 District shall not exceed two
stories or 35 feet in height, whichever is less; storage sheds or
service buildings shall not exceed one story or 15 feet in height,
whichever is less.
K.
Roads. Roads shall satisfy the minimum dimensional, design, and construction
requirements in the Manufactured Housing Commission rules, except
as follows:
(1)
Internal roads shall have access to a public thoroughfare or
shall be connected to a public thoroughfare by a permanent easement.
The easement shall be recorded before an internal road is approved
by the Michigan Department of Consumer and Industry Services. Sole
access by an alley is prohibited.
(2)
An internal road shall be constructed of concrete, bituminous
asphalt, or, where permitted by local regulations, compacted road
gravel in compliance with the standards of the American Association
of State Highway and Transportation Officials (AAHTO). The community
developer may use other suitable materials of equal quality if approved
by the Michigan Department of Consumer and Industry Services.
L.
Parking.
(1)
All mobile home sites shall be provided with at least two off-street
parking spaces per Manufactured Housing Commission rules.
(2)
In addition, a minimum of one parking space for every three
mobile home sites shall be provided for visitor parking. Visitor parking
shall be located within 500 feet of the home sites the parking is
intended to serve. The 500 feet shall be measured along a sidewalk
or street.
(3)
Common areas for the storage of boats, motorcycles, recreation
vehicles, and similar equipment may be provided in a mobile home park,
but shall be limited to use only by residents of the mobile home park.
If proposed, the location of such storage areas shall be shown on
the preliminary site plan.
(4)
No part of any such storage area shall be located in any required yard on the perimeter of the mobile home park. Such storage area shall be screened from view from adjacent residential properties with an opaque six-foot fence or wall in accordance with the requirements in § 370-405, or a landscaped greenbelt. If a landscaped greenbelt is used, it shall consist of closely spaced evergreen plantings (i.e., no farther than 15 feet apart) which can be reasonably expected to form a complete visual barrier that is at least six feet above ground level at maturity.
(5)
Park owners who prohibit storage of boats, motorcycles, recreation
vehicles, and similar equipment are not required to construct common
areas for storage and parking. If boats, motorcycles, recreation vehicles
and similar equipment are allowed in a park, park owners are required
to provide storage for these vehicles.
M.
Sidewalks. Concrete sidewalks having a minimum width of four feet
shall be provided on at least one side of collector streets in the
mobile home park.
N.
Accessory buildings and facilities.
(1)
Accessory buildings and structures, including park management
offices and public works facilities, storage buildings, laundry facilities,
recreation or community facilities, and other accessory facilities,
shall be designed and operated for use by residents of the park and
their guests only.
(2)
Site-built buildings within a manufactured home park shall be
constructed in compliance with the Village of Cassopolis Building
Codes and shall require all applicable permits. Any addition to a
mobile home unit that is not certified as meeting the standards of
the U.S. Department of Housing and Urban Development for mobile homes
shall comply with the Village of Cassopolis Building Codes.
(3)
If allowed by the management, each mobile home shall be permitted
one storage shed or garage. The installation of any such shed or garage
shall comply with the Michigan Residential Code.
O.
Open space. Open space shall be provided in any mobile home park
containing 50 or more mobile home sites. A minimum of 2% of the park's
gross acreage shall be dedicated to well drained, usable open space,
provided that a minimum of 25,000 square feet of contiguous open space
shall be provided.
P.
Landscaping.
(1)
Perimeter screening. Mobile home parks must also meet the requirements
of Sections 11(2)(b), 11(4), and 11(6) of the Mobile Home Commission
Act, Public Act 96 of 1987, as amended.
Q.
Storm drainage. All developed portions of the mobile home park shall
be served by adequate storm drainage facilities, designed and constructed
in accordance with applicable requirements of Part 4 of the Michigan
Department of Environmental Quality Mobile Home Parks and Seasonal
Mobile Home Parks Rules.
R.
Telephone and electric service. All electric, telephone, cable TV
and other lines within the park shall be underground.
S.
Sale of mobile homes. New or pre-owned manufactured homes, which
are to remain on site in the manufactured housing community, may be
sold by the resident, owner or a licensed dealer or broker, provided
that the manufactured housing development management permits the sale.