(A) Intent. The intent of this section of the zoning code is to provide for the use of mobile homes and mobile home parks within the city. It is intended to provide a blend between dwellings and mobile homes such that neither will create a nuisance to the other. Because of their unusual characteristics, mobile homes pose special problems in the application of land use control techniques and require special consideration as to their proper location and character in relation to adjacent uses and to the development of the community, and use to the circumstances and conditions under which each use may be permitted. The standards contained in this provision represent an attempt to provide adequate protection for, and consideration of, consideration of, both the community and the mobile home dweller.
(B) The following regulations are provided for the purposes outlined above.
1. Mobile home parks. Mobile home parks may be permitted only in those zoning districts where they are designated as a conditional use under the zoning district regulations. A mobile home park shall be defined as used in KRS 219.320(5) "mobile home parks." All mobile home parks shall conform with all provisions of KRS 219.310 to 219.410 and shall conform with all applicable provisions of this zoning code.
Editor’s Note:
See KRS 219.320 for current definitions concerning mobile homes. The term “mobile home park” is not specifically defined therein.
(a) Plat. A plat shall be submitted to the zoning official along with the conditional use permit application. The plat shall conform with the Department for Human Resources, Bureau for Health Services (902 KAR 15.010 - effective date 2/5/75).
(b) Uses. The premises of a mobile home park shall be used for mobile homes and those accessory buildings and uses specifically designated in the approved conditional use permit only.
(c) Compatibility. The tract of land must be suitable for a mobile home park by virtue of its location, shape, topography, and the nature of surrounding development.
(d) Screening. A landscaped separation strip at least five feet in width shall be provided along all property lines and public streets on which the project is located. The Board of Zoning Adjustments may also require that the mobile home park be permanently screened from adjoining and contiguous properties by a wall, fence, evergreen ridge, and/or other approved enclosures. Such screening, if required, shall conform to the screening section of this chapter and be located within the required separation strip.
(e) Construction permit required. The zoning official shall not issue a building permit for an approved mobile home park until the applicant presents a valid construction permit from the State Department of Health as required by KRS 219.350, and has agreed in writing to the conditions imposed by the Board of Zoning Adjustments.
(f) Operators permit required. The zoning official shall not issue a certificate of occupancy for an approved mobile home park until the applicant presents a valid operators permit from the State Department of Health as required by KRS 219.330, and has fulfilled all conditions imposed by the Board of Zoning Adjustments.
(g) Existing mobile home parks. All existing mobile home parks legally operating within the corporate limits of the city at the time of the passage of this chapter may continue to operate as existing nonconforming structures and uses, but shall be required to maintain a valid operating permit as required under KRS 219.340, and shall not expand or intensify their use without bringing such mobile home into compliance with this Chapter.
2. Classification of manufactured/mobile homes.
(a) The following classification standards apply:
(1) Class A. A manufactured home certified as meeting the Mobile Home Construction and Safety Standards of the Department of Housing and Urban Development, Residential and Commercial Designed Home Placed on a Permanent Foundation.
(2) Class B. A manufactured/mobile home certified as meeting the Mobile Home Construction and Safety Standards of the Department of Housing and Urban Development, standard Designed Home Placed on a Temporary or Permanent Foundation.
(3) Class C. A manufactured/mobile home unit built before the HUD Code (1976).
(b) Permitted placement.
(1) The establishment, location, and use of a Class A manufactured home as a permanent structure approved individually, by specific materials, or by design, shall be permitted in any district permitting a dwelling unit, or commercial building, subject to the requirements applying to residential uses and commercial uses in the district and provided the structure shall meet the exterior appearance standards, as hereinafter set forth in subsection C. A building permit shall be required for all applications for use. Applications for approval shall be submitted to the Department of Planning and Engineering on such forms as they may require to make a determination.
(2) The establishment, location, and use of a Class B and C manufactured homes as a permanent residence approved individually by specific materials, or by design, shall be permitted subject to the requirements of this code only in R-3A zones in mobile home parks approved as conditional uses.
(3) Temporary placement for emergency situations. The Zoning Official shall have the authority to allow the placement of manufactured/ mobile homes as an accessory to or temporary replacement of a structure in all zones, except in residential zones. The Zoning Official shall grant such authority only on a temporary basis in hardship cases for a period not to exceed ninety (90) days. Any request for a time period exceeding ninety (90) days or for an extension of a previously granted request shall be submitted to the Planning Commission for approval.
(C) Exterior Appearance Standards.
(1) Residential. Class A Manufactured Homes for residential purposes shall:
(a) Meet all requirements for lot, yard, building, and other requirements for the district in which it is located.
(b) Be placed on a permanent foundation.
(c) Be anchored to a solid continuous foundation of concrete, concrete blocks, or other permanent materials.
(d) Be anchored to the ground in accordance with the manufacturer's specifications.
(e) Have all wheels, axles, and hitch mechanisms removed.
(f) Have utilities connected in accordance with the manufacturer's specifications.
(g) Have siding material which looks like the type used on site-constructed residences.
(h) Have a pitch roof of not less than one (1) foot of rise for each four (4) feet of horizontal run and have roofing material of a type used on site-constructed residences. Eaves with a minimum of six (6) inch overhang must be provided.
(i) Have a minimum width of the main body as assembled on the site of not less than twenty (20) feet measured across the narrowest portion.
(j) The home shall appear to face the public street.
(k) Have a living area with the square footage generally compatible to similar site-built housing in the vicinity.
(l) Disputes involving the Department of Planning and Engineering and an applicant concerning the design and construction compatibility of a unit to be located on a particular site shall be resolved by the Planning Commission prior to placement of said unit on the site.
(2) Commercial. Class A Manufactured Homes for all business, industrial, professional office and agricultural zoning districts shall:
(a) Meet all requirements for lot, yard, building, and other requirements for the district in which it is located.
(b) Be placed on a permanent foundation.
(c) Be anchored to a solid continuous foundation of concrete, concrete blocks, or other permanent materials.
(d) Be anchored to the ground in accordance with the manufacturer's specifications.
(e) Have all wheels, axles, and hitch mechanisms removed.
(f) Have utilities connected in accordance with the manufacturer's specifications.
(g) Have siding material which looks like the type used on site-constructed commercial buildings.
(h) Have a pitch roof of not less than one (1) foot of rise for each four (4) feet of horizontal run and have roofing materials of a type used on site-constructed buildings. Eaves with a minimum of six (6) inch overhang must be provided.
(i) Have a minimum width of the main body as assembled on the site of not less than twenty (20) feet measured across the narrowest portion.
(j) The home shall appear to face the public street.
(k) Disputes involving the Department of Planning and Engineering and an applicant, concerning the design and construction compatibility of a unit to be located on a particular site shall be resolved by the Planning Commission prior to placement of said unit on the site.
3. Major recreational equipment.
(a) No major recreational equipment shall be parked or stored on any lot in a residential district except in a garage or carport or in a required rear yard or in a required side yard where it is no closer than five feet to any building or lot line provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading or unloading. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.
(b) Division (a) above may be modified or waived in unusual cases by the Board of Zoning Adjustments where it is shown that the requirements are impractical or impossible to meet. An application in writing must be filed with the Board of Zoning Adjustments outlining the reason for such request, and explaining why this case is different from others in the area. The Board will decide each case on its own merits without prejudice or precedent.
(c) No major recreational equipment shall be stored out of doors on residential premises unless it is in condition for sale and effective performance of the function for which it is intended or can be made so at a cost not exceeding the value of the equipment in its existing state. In no case shall any such equipment be so stored for a period of more than six months if not in condition for safe and efficient performance of the function for which it was intended.
(Ord. 794, passed 12-22-83; Am. Ord. 9-925, passed 7-26-90; Am. Ord. 94-1031, passed 9-22-94; Am. Ord. 95-1065, passed 11-21-95; Am. Ord. 96-1091, passed 11-4-96) Penalty, see § 156.999