(a) Purpose. The review procedure for manufactured housing communities is required for developments which propose the provision of two or more manufactured homes or manufactured home spaces for rent. This review procedure is designed to assure that the communities comply with the design standards set forth in subsection 7-9-5. Public comment, particularly from owners of neighboring property, is provided for through this review procedure.
The manufactured housing community review process is a two-part procedure which involves the approval of a master plan, as well as the rezoning of the property to the manufactured housing community overlay district. The manufactured housing community overlay district is not mapped or affixed to particular parcels until after an application by a developer and approval by the Asheville City Council.
When applied to a specific geographic area, the manufactured housing community overlay district shall have the effect of allowing development to be designed, reviewed, approved, constructed and managed according to the provisions of section 7-9-5, rather than as required by the underlying zoning district.
(b) Pre-application procedure.
(1) Conference. Prior to the submittal of an application for approval of a manufactured housing community, the applicant is required to meet with the planning and development director in a pre- application conference. The purposes of this conference are to provide clarification and assistance in the preparation and submission of plans for approval. The sketch plan, as described below, shall be presented for review during the conference.
(2) Sketch plan.
a. Required for review. A sketch plan is required for review by the planning and development director for all proposed manufactured housing communities.
b. Preparation. The sketch plan shall be prepared in accordance with Appendix A (Map and Plan Standards) and submitted to the planning and development department.
(3) Neighborhood meeting. It is highly recommended that the developer meet with representatives of the neighborhood in which the proposed project is located. This meeting, which should be held at the pre- application stage, will allow the developer to explain the proposed project and to be informed of the concerns of the neighborhood.
(c) Plan submittal.
(1) Filing of application. An application for approval of a manufactured housing community may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application. Where an agent files the application, the agent shall provide documentation that the owner of the property has authorized the filing of the application. The application for a manufactured housing community shall be filed with the development and permitting center on a form provided by the center.
(2) Fees. Fees as established by the City of Asheville's Fees and Charges Manual shall be due and payable when the site plan is submitted.
(3) Information required.
a. General. Each application for a manufactured housing community shall contain all of the information described in Appendix B (Checklists for Applications).
b. Site plan required. A site plan depicting the proposed manufactured housing community shall be required for all proposed rental communities.
c. Preparation by registered professional. The site plan shall be prepared by a registered land surveyor, licensed architect, or licensed engineer and shall be prepared in accordance with Appendix A (Map and Plan Standards).
d. Submittal of plans. Fifteen copies of the site plan must be submitted to the development and permitting center at least 14 days prior to the technical review committee meeting at which it is to be reviewed.
(d) Staff review.
(1) Planning and development staff review. Following submittal of the site plan for the manufactured housing community, it shall be reviewed by the planning and development director for compliance with the requirements of this chapter.
(2) Submittal of plans to technical review committee (TRC). The planning and development director shall present site plans for manufactured housing communities to the technical review committee at its next regular meeting. The technical review committee shall review the site plan for compliance with existing federal, state, and local regulations. This review shall be made by the members of the technical review committee and by any other agencies or officials as determined by the planning and development director.
(3) Action by technical review committee.
a. Timing. The technical review committee shall take action within ten working days of reviewing the site plan. Provided the application is complete, failure by the technical review committee to take action within ten working days shall result in the refund of any application fees paid. The refund of the application fee due to the expiration of the ten working days shall not cause the review of the application to cease. Staff shall continue with the review of the application.
b. Approval. If the site plan is approved by the technical review committee, the planning and development director shall present the site plan and the manufactured housing community (MHC district) designation for review and approval at the next regular meeting of the Asheville Planning and Zoning Commission.
c. Conditional approval. If the site plan receives conditional approval from the technical review committee ("TRC"), the applicant shall revise the plan based upon the conditions of the approval and resubmit it. The revised plan shall be reviewed by the planning and development director and if it meets all the approval conditions, the site plan and the MHC District designation shall be presented for review and approval at the next available regular meeting of the Asheville Planning and Zoning Commission. If the plan is not revised within 60 days after conditional approval from the TRC to meet the conditions, the request shall be deemed denied.
d. Denial. If the site plan is denied approval by the technical review committee, the reasons for denial shall be provided in writing to the applicant. The site plan may be revised to address the reasons for denial and resubmitted in accordance with the provisions of this chapter.
(e) Formal review.
(1) Action by Asheville Planning and Zoning Commission.
a. Public hearing. Upon receiving the application and site plan for a manufactured housing community from the planning and development director, the Asheville Planning and Zoning Commission shall hold a public hearing on the proposed development.
b. Review of site plan and manufactured housing community (MHC) district designation. The site plan and MHC District designations shall be reviewed at the next regularly scheduled meeting of the Asheville Planning and Zoning Commission following review and approval or conditional approval of the plan by the technical review committee.
c. Recommendation for approval of MHC district designation and approval of site plan. If the site plan is approved and the MHC district designation is recommended for approval by the Asheville Planning and Zoning Commission, the planning and development director shall notify the city clerk and present the MHC district designation for review and consideration at the next regular meeting of the Asheville City Council.
d. Approval of MHC district designation and conditional approval of site plan. If the Asheville Planning and Zoning Commission recommends approval of the MHC district designation and grants conditional approval to the site plan, the applicant shall revise the plan based upon the conditions of the approval and resubmit it. The planning and development director shall review the revised plan and if it meets all of the approval conditions and is otherwise unchanged from the original, shall signify on the plan the change of status from conditional approval to approval. The planning and development director shall then present the MHC district designation for review and consideration at the next regular meeting of the Asheville City Council. The applicant shall have 60 days to revise the plan in accordance with the approval conditions or it shall be deemed denied.
e. Denial of the MHC district designation and/or site plan. If either the MHC district designation or the site plan is recommended for denial, the entire project is considered denied. If the project is denied, the applicant shall be informed in writing of the reasons for denial. If the MHC district designation is denied, the request cannot be reconsidered until one year after the date of action taken by the Asheville Planning and Zoning Commission to deny the request.
f. Timing. The Asheville Planning and Zoning Commission shall consider the request at its next regular meeting, unless parties agree to another time.
(2) Action by Asheville City Council.
a. Review of MHC district designation. Following review and recommendation for approval by the Asheville Planning and Zoning Commission, the MHC District designation shall be presented for review and consideration at the next available meeting of the Asheville City Council. The public hearing will be scheduled as provided by city council's rules of procedure. The city council does not review the preliminary master plan unless the decision of the Asheville Planning and Zoning Commission is appealed.
b. Approval of MHC district designation. If the Asheville City Council approves the MHC district designation, the applicant may then apply for all appropriate construction permits and proceed toward construction.
c. Denial of MHC district designation. If the Asheville City Council denies the MHC district designation, the applicant will be informed in writing of the reasons for denial. If the Asheville City Council denies the MHC district designation, the provisions of section 7-7-7 (Waiting Period for Subsequent Applications) shall apply.
d. Timing. The Asheville City Council shall consider the request within 35 days of receiving the request for consideration of the MHC district designation.
(3) Public dedications. Asheville City Council approval and acceptance are required for the public dedication of any properties, streets, easements, or rights-of-way. When public dedications are required, the request will be presented for review and approval at the next available meeting of the Asheville City Council. The Asheville City Council shall take action within 30 days of reviewing the request for public dedication. Approval of public dedications shall be a condition of project approval.
(f) Public notification. Notice of public hearings or public meetings required under this section for manufactured housing community approval shall be provided in accordance with the provisions of section 7-5-20 of this chapter.
(g) Project phasing. If a project is to be developed in phases, a master plan for the entire development site must be approved by the Asheville Planning and Zoning Commission prior to the beginning of construction on any phase.
Final plans for the phases of the manufactured housing community development may be submitted in stages and shall be approved by the planning and development department staff provided that the following requirements are met:
(1) All stages shall be shown with precise boundaries on the master plan and shall be numbered in the expected order of development.
(2) Each phase must be able to exist independently of subsequent phases by meeting all applicable laws and regulations as if the phase were a separate project.
(3) All the data required for the project as a whole shall be given for each stage shown on the plan.
(4) A proportionate share of the open space and common facilities shall be included in each stage of the development.
(5) The phasing shall be consistent with the traffic circulation, drainage, and utilities plan for the entire master plan for the rental community.
(h) Variances. Variances from the requirements of this chapter for manufactured housing communities may be approved by the Asheville City Council upon the recommendation of the Asheville Planning and Zoning Commission. Requests for variances shall be identified in the public notices required by subsection 7-5-7(f).
(i) Appeals. If the site plan is denied or granted conditional approval, or if no action is taken within ten days by the technical review committee, the applicant may appeal the decision to the Asheville Planning and Zoning Commission within 30 days after denial, conditional approval, or lack of action by the technical review committee. The Asheville Planning and Zoning Commission shall approve, grant conditional approval, or deny the site plan.
If the MHC district designation is denied, or if the site plan is denied or granted conditional approval, or if no action is taken within 35 days by the Asheville Planning and Zoning Commission, the applicant may appeal the decision to the Asheville City Council within 30 days after denial, conditional approval, or lack of action by the Asheville Planning and Zoning Commission. The Asheville City Council shall approve, grant conditional approval, or deny the plan.
(j) Permit validity. Approval of the site plan for a manufactured housing community and the MHC zoning designation shall be valid for one year from the date of approval by Asheville City Council. Failure to initiate construction, or otherwise begin the permitted use, within this time shall render the manufactured housing community approval void.
Permits for phased development of a manufactured housing community shall remain valid for the time approved by the Asheville Planning and Zoning Commission as part of the master plan approval.
(k) Violations. Violations of the approved master plan for the manufactured housing community shall be considered a violation of this chapter and subject to the provisions of section 7-18.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2843, § 1(c), 8-28-01; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3374, §§ 1(d), (e), 7-11-06; Ord. No. 4361, § 1c, 3-23-21)