This chapter shall be known as "Housing Standards Applicable to Mobile
Homes and Mobile Home Courts."
The purpose of this chapter is to provide basic and uniform standards
in terms of performance objectives implemented by specific requirements governing
the construction, occupancy and maintenance of mobile homes and mobile home
courts and establishing reasonable safeguards for the safety, health and welfare
of the occupants and users thereof.
This chapter shall apply to mobile homes used or intended to be used
for year-round dwelling accommodations in fixed locations and to mobile home
courts.
A.Â
The provisions of this chapter shall supersede local
laws, ordinances, codes or regulations to the extent that 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.Â
In a case where a provision of this chapter is found
to be in conflict with a provision of a zoning, building, electrical, plumbing,
fire, safety, 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 requirement which is the more restrictive or
which establishes the higher standard shall prevail.
A.Â
Installations, alterations and repairs to mobile homes
and mobile home courts, and materials, assemblies and equipment utilized in
connection therewith, shall be reasonably safe to persons and property and
shall comply with applicable statutes of the State of New York and orders,
rules and regulations issued by authority thereof.
B.Â
Except as otherwise provided in this chapter, conformity
of installations, alterations and repairs of mobile home court buildings and
their accessory structures, and of materials, assemblies and equipment utilized
in connection with such buildings and structures, with the applicable requirements
of the New York State Uniform Fire Prevention and Building Code and shall
be prima facie evidence that such work, material, assembly or equipment is
reasonably safe to persons and property.
[Amended 6-1-1987 by L.L. No. 2-1987]
No person shall maintain or operate a mobile home court which falls
within the purview of Chapter VII of the New York State Sanitary Code without
first having obtained a permit from the state, county or municipal health
department office having jurisdiction.
A.Â
Mobile home courts are specifically prohibited in all
zoning districts. Mobile home courts in existence shall be treated as nonconforming
uses. The courts in existence shall be restricted to the number of mobile
home lots in use in August 1962.
B.Â
Mobile homes for occupancy are specifically prohibited
in all zoning districts. Mobile homes shall be treated as nonconforming uses,
except that individual mobile homes in existence shall be allowed to be replaced
with newer and different models of mobile homes.
C.Â
Recreational vehicles and house trailers for occupancy or dwelling purposes are specifically prohibited within the limits of the Village of Ellenville. Any storage of unoccupied recreational vehicles and house trailers shall be in the rear yard of a lot in accordance with § 171-8C of the Property Maintenance Law.
[Added 4-10-2006 by L.L. No. 6-2006]
D.Â
In the event of a fire or other catastrophe which causes a residence
to become temporarily uninhabitable, the usual occupants of said residence
may be permitted to occupy a mobile home, recreational vehicle, or house trailer
on the same premises temporarily. Said permission shall be conditioned upon
an application being made to the Board of Trustees of the Village of Ellenville
for such permission and the Board of Trustees granting said permission upon
the recommendation of the Building Inspector/Code Enforcement Officer for
a specific period of time not to exceed six months.
[Added 4-10-2006 by L.L. No. 6-2006]
The following definitions shall apply in the interpretation of this
chapter:
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 by the administrative officer under the regulations of this
chapter or approved by an authority designated by law or this chapter.
An area or space within a mobile home court, including fences, walls
and other minor constructions, which is designated for joint use of occupants
or restricted to nonresidential use.
A structure within a mobile home court providing laundry, toilet,
recreation, parking or other common facilities, including management office
and storage buildings.
A specification, code, rule, guide or procedure in the field of construction
of mobile homes or mobile home courts or related thereto, recognized and accepted
as authoritative.
Space used for living, sleeping, eating or cooking purposes, excluding
kitchenettes, bathrooms, toilet rooms, storage spaces and enclosures for equipment
installations.
Includes any vehicle used or capable of being used as sleeping or
living quarters, mounted on wheels, and includes an automobile trailer equipped
with living quarters or sleeping facilities and a house car.
[Added 4-10-2006 by L.L. No. 6-2006]
Mobile home electrical, plumbing, heating, ventilating and air-conditioning
systems and equipment used for living purposes, including cooking and refrigeration
equipment.
A movable living unit equipped with a chassis and provided with the
following mechanical systems and equipment: plumbing, heating, electrical,
cooking and refrigeration. See "trailer."
A parcel of land which has been planned and improved for the placement
of two or more mobile homes.
A designated site within a mobile home court for the exclusive use
of the occupants of a single mobile home.
That part of an individual mobile home lot which has been reserved
for the placement of the mobile home.
A paved outdoor living space designated to supplement the mobile
home living area.
A vehicular, portable structure without a permanent foundation or
supports, which can be towed, hauled or driven, which is not designed for
permanent connection to utility systems and is primarily designed for use
as temporary living accommodations for recreation, camping or travel purposes.
Such vehicles include but are not limited to travel trailers, truck campers,
camping trailers and self-propelled motor homes.
[Added 4-10-2006 by L.L. No. 6-2006]
An enclosed space designed to provide auxiliary general storage space
for an individual mobile home.
A movable living unit equipped with a chassis but lacking any of
the following mechanical systems and equipment: plumbing, heating, electrical,
cooking and refrigeration. See "mobile home."
