A. Purpose And Intent: The purpose of the manufactured home park requirements is to provide regulations for the design, use, maintenance, operation and potential closure of parks intended for manufactured housing and to provide for public health, safety and welfare for residents of manufactured housing parks. All parks shall be constructed according to the following minimum standards.
B. Uses Permitted By PUD:
Community building, management office, private recreation facilities.
Condominium style manufactured home parks.
Home occupations subject to requirements established in section 11-2-16 of this chapter.
Manufactured homes and accessory structures.
Public and institutional uses required by the resident population.
C. Required Conditions:
1. Manufactured homes not meeting single-family dwelling requirements are permitted only in planned manufactured home parks. The PUD procedure is required for all park proposals.
2. Manufactured home parks must be serviced by public sewer and water systems.
3. Manufactured homes must have a full basement or must be affixed to a permanent frost free foundation with a completely enclosed crawl space.
4. Only manufactured homes certified as meeting current HUD "manufactured home construction and safety standards" shall be permitted, unless evidence is furnished that manufactured homes meeting prior HUD codes have been updated to meet current construction and safety standards and upon inspection have been found safe and fit for residential occupancy.
5. Every person operating a manufactured home park within the city shall provide and keep a suitable guest register for the registration of all persons provided with accommodations, and each person shall register therein, as provided by state law. This register shall contain the following:
a. Name and lot address of each occupant;
b. Name and address of the owner of the manufactured home;
c. Make, model, year and license of each manufactured home; and
d. Date of arrival and departure of each manufactured home.
This information shall be kept for at least three (3) years after the date the occupant leaves the manufactured home park.
D. Site/Design Requirements:
1. Minimum Site Area: Minimum site area for manufactured home parks is forty (40) acres.
2. Property Line Abutting Street: Manufactured home parks shall have at least one property line abutting a collector or arterial street, as defined by the comprehensive guide plan.
3. Setbacks: All structures within manufactured home parks shall be set back a minimum of fifty feet (50') from all adjacent property lines. Said setback area shall be provided with a dense combination of earthen berms and plant materials, specific plans for which must be approved by the planning commission.
4. Parks And Recreational Uses: Dedication for parks and recreational uses shall be determined according to the requirements of title 12 of this code. The city council shall determine whether land or cash in lieu of land shall be required, and, in the case of land dedication, whether the land shall be publicly or privately owned and maintained.
5. Streets And Utilities Under Single Ownership: Streets and utilities in manufactured home parks under single ownership shall be privately constructed, owned and maintained.
6. Privately Owned Utilities: Privately owned utilities shall be designed and constructed to meet the minimum specifications of the Minnesota department of health and the Minnesota pollution control agency. The use of propane or butane gas for any purpose in lieu of public or private utilities within the confines of the manufactured home park is prohibited.
7. Private Streets: Private streets shall be constructed to meet minimum city specifications and shall be paved to a minimum width of thirty two feet (32') where on street parking is permitted. Where parking is permitted on one side only and signs are posted, the minimum street width shall be twenty eight feet (28'). All streets and roadways located within the manufactured home park shall have a concrete curb and gutter and paved in accordance with city standards.
8. Condominium Style Parks: The city council shall determine whether streets and utilities in condominium style manufactured home parks may be publicly owned and maintained.
9. Access Points: All manufactured home parks shall be designed with a minimum of two (2) access points on public thoroughfares, providing full ingress and egress at each location.
10. Storm Shelters: Each manufactured home park shall provide a storm shelter or shelters of sufficient capacity to safely protect all of the residents of the park in case of a storm emergency. In lieu thereof, the planning commission may approve basement shelters within each unit provided the minimum standards for safety are assured.
11. Outdoor Storage Of Recreation Vehicles: The outdoor storage of recreation vehicles shall not be permitted except as provided for in subsection 11-4-8D of this title.
12. Sidewalks: A concrete sidewalk, not less than five feet (5') wide shall be constructed along one side of streets entering the manufactured housing park and provide safe pedestrian links to recreational amenities and the required shelter within the park and to public recreational facilities as recommended by the parks and recreation commission.
13. Landscaping: All surfaces not occupied by the manufactured home, patios, sidewalks or hard surfaced off street parking shall be sodded and maintained with grass. One boulevard or shade tree shall be provided per manufactured home with a minimum size of two inches (2") (B&B). In addition, landscape screening is required in the perimeter setback areas to mitigate the effects of dissimilar uses and traffic.
E. Minimum Lot Requirements And Setbacks:
1. Minimum Lot Area: Five thousand (5,000) square feet.
2. Minimum Lot Width: Fifty feet (50').
3. Maximum Lot Coverage: Seventy five percent (75%).
4. Minimum Front Yard Setbacks:
a. Principal structure: Twenty feet (20').
b. Accessory structure: Twenty feet (20').
5. Minimum Side Yard Setbacks:
a. Principal structure: Twenty feet (20').
b. Accessory structures: Ten feet (10').
6. Minimum Rear Yard Setbacks:
a. Principal structure: Twenty feet (20').
b. Accessory structures: Ten feet (10').
7. Carports And Garages: A freestanding carport or garage not attached to a manufactured home may be permitted provided that it conforms to all applicable uniform building codes and is consistent with accessory structure setbacks provided herein. Prior to issuance of any building permit, permission must be provided by the park owner and certified to the city.
8. Accessory Structures: One freestanding accessory structure or storage shed per manufactured home may be permitted in addition to above mentioned carports or garages. All accessory structures shall conform to applicable building codes. Said structures shall be limited to one hundred twenty (120) square feet in size.
F. Manufactured Home Park Closings:
1. Purpose And Intent: In view of the peculiar nature and problems associated with the closure or conversion of manufactured home parks, the city council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced homeowners and tenants of such parks. The purpose of this section is to define by whom and in what amount compensation for the park relocation or displacement of a manufactured home is paid. This section is adopted pursuant to the authority granted under Minnesota statutes 327C.095. The relocation costs stated in this section are intended to be considered along with all other compensation eligible to the displaced residents. If the park closing falls under the federal uniform relocation act, the park owner will not be required to reimburse residents' expenses reimbursed under that act.
2. Definitions: The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise:
APPURTENANCE: The visible, functional, or ornamental objects accessory to and part of a building.
CLOSURE STATEMENT: A statement prepared by the park owner clearly stating the park is closing, addressing the availability, location, and potential costs of adequate replacement rental sites within a twenty five (25) mile radius of the manufactured home park that is closing and the probable relocation costs of the manufactured homes located in the park to other parks within the twenty five (25) mile radius.
DISPLACED RESIDENT: A resident of an owner occupied manufactured home who rents a lot in a manufactured home park, including members of the resident's household, as of the date the park owner submits a closure statement to the city community development department.
LOT: An area within a manufactured home park, designed and used for the accommodation of a manufactured home.
MANUFACTURED HOME: A structure, not affixed to or part of real estate, transportable in one or more sections, which in the traveling mode, is eight feet (8') or more in width or forty feet (40') or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical system contained in it.
MANUFACTURED HOME PARK: Any site, lot, field or tract of land upon which two (2) or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park. Also referred to in this section simply as "park".
PARK OWNER: The owner of a manufactured home park and any person acting on behalf of the owner in the operation or management of a manufactured home park.
PERSON: Any individual, corporation, firm, partnership, incorporated and unincorporated association or any other legal or commercial entity.
PURCHASER: The person buying the manufactured home park from the park owner. In the event that the park owner intends to retain ownership and convert the park to a different use, all references to the purchaser refer to the park owner.
RELOCATION COSTS: The reasonable cost of relocating a manufactured home from a manufactured home park within the city that is being closed or converted to another use to another manufactured home park within a twenty five (25) mile radius of the park, as follows:
a. Preparation For Move: Reasonable costs incurred to prepare the eligible manufactured home for transportation to another site. This category includes crane services, tire and/or axle rental if needed, and the cost of repairs or modifications that are required in order to take down, move and set up the manufactured home.
b. Transportation To Another Site: Reasonable costs incurred to transport the eligible manufactured home and any attached appurtenances, such as porches, decks, skirting and awnings, which were not acquired after notice of closure or conversion of the park to another manufactured home park within a twenty five (25) mile radius. This category also includes the cost of insuring the manufactured home while the home is in the process of being relocated, and the cost of obtaining moving permits provided that the park owner shall not be required to pay delinquent taxes on a manufactured home if necessary in order to obtain a moving permit. This category does not include the cost of moving personal property separate and distinct from the mobile home and separate and distinct from the appliances and appurtenances of the mobile home.
c. Hookup At New Location:
() 1) The reasonable cost of connecting the eligible manufactured home to utilities at the relocation site, including crane services if needed. The park owner shall not be required to upgrade the electrical or plumbing systems of the manufactured home.
() 2) Relocation costs do not include the cost of any repairs or modifications to the manufactured home needed to bring the home into compliance with the state and federal manufactured home building standards for the year in which the home was constructed. Relocation costs also do not include the cost of any repairs or modifications to the home or appurtenances into compliance with the rules and regulations of the manufactured home park to which the manufactured home is to be relocated, if those rules and regulations are no more stringent than the rules and regulations of the park in which the home is located, and the resident was notified of noncompliance with the rules and regulations of the park in which it is located within sixty (60) days prior to delivery of the closure statement.
3. Notice Of Closing: If the manufactured home park is to be sold with the intent to convert in whole or in part to another use or the owner of the park requests and receives rezoning of the property from the city, the park owner shall, at least nine (9) months prior to conversion to another use or sale to someone with the intent to convert to another use, provide a copy of a closure statement to a resident or each manufactured home and to the city community development department.
4. Notice Of Public Hearing: The community development department shall schedule a public hearing with the city council. The community development department shall mail a notice at least ten (10) days prior to the public hearing to a resident of each manufactured home in the park stating the time, place and purpose of the hearing. The park owner shall provide the city with a list of the names and addresses of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the community development department.
5. Public Hearing: A public hearing shall be held before the city council for the purpose of reviewing the closure statement and evaluating what impact the park closing may have on displaced residents and the park owner. At the public hearing, the city council will take testimony regarding the reasonableness of the maximum relocation costs to be paid by the park owner and the actual costs to relocate park residents. Based on the testimony, the city council, at its discretion, may adopt an ordinance increasing or decreasing the maximum total relocation costs as described in subsection F10 of this section.
6. Conditions Of Closing:
a. As a condition of the closing of the manufactured home park, the park owner shall pay the relocation costs to the contractors providing the relocation services and/or to displaced residents. If the park owner determines within four (4) months prior to the date of closure of the park that the park will not be closed, the park owner may rescind the notice of closure and shall pay any actual relocation costs incurred by any of the park's manufactured home owners. If the park owner determines at least four (4) months prior to the date of closure of the park that the park will not be closed, the park owner may rescind the notice of closure, and not be liable for any relocation costs.
b. Each displaced resident is eligible for an equal share of the maximum total compensation as described in subsection F10 of this section. If a displaced resident's relocation cost is less than their equal share, then the difference between the equal share and the actual relocation costs of that household is equally distributed to the displaced residents who have relocation costs in excess of their equal share.
c. The city shall not issue a building permit in conjunction with the reuse of the manufactured home park property unless the park owner has paid the relocation costs and/or the park purchaser has compensated displaced residents in accordance with the requirements of this section. Approval of any application for rezoning, platting, conditional use permit, planned unit development or variance in conjunction with a park closing or conversion shall be conditional on compliance with the requirements of this section.
7. Displaced Resident Statement: Within ninety (90) days of receipt of a closure notice, the displaced resident shall provide the park owner with a written statement of relocation costs, or in the alternative, a written statement that the resident cannot relocate his or her manufactured home to another manufactured home park within a twenty five (25) mile radius. If a resident determines not to relocate as defined within this section, the resident must state whether he or she elects to receive relocation costs under subsection F8 or F9 of this section.
8. Election To Relocate:
a. If a manufactured home can be relocated to another manufactured home park within a twenty five (25) mile radius, the park owner shall pay displaced residents' "relocation costs" as defined herein.
b. The park owner shall make relocation payments directly to contractors providing the relocation service, or the displaced resident may choose to be reimbursed by the park owner after the resident submits to the park owner proof of payment of relocation costs. The park owner shall be entitled to receive adequate documentation of relocation costs, including costs of proposals, invoices, estimates and contacts for relocation services.
c. If a displaced resident cannot relocate the manufactured home within a twenty five (25) mile radius of the park which is being closed or some other agreed upon distance, and the resident elects not to tender title to the manufactured home, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents in the park.
d. A displaced resident compensated under this section shall retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured home park. All rent due and owing to the park owner, and all property taxes for the current and prior years shall be paid by the displaced resident prior to removing the manufactured home from the park.
9. Election To Receive Compensation: If a resident cannot relocate his or her manufactured home to another manufactured home park within a twenty five (25) mile radius or some other agreed upon distance and tenders title to the manufactured home, the resident is entitled to compensation to be paid by the purchaser of the park in order to mitigate the adverse financial impact of the park closing. In such instance, the compensation shall be an amount equal to the estimated market value of the manufactured home as determined by an independent appraiser experienced in manufactured home appraisal, or the tax assessed value of the manufactured home for the year in which the park is scheduled to close, whichever is greater. The appraisal shall be conducted only after it is determined that the manufactured home cannot be relocated to another park within twenty five (25) miles. The purchaser shall pay the cost of the appraisal. The resident shall transfer title of the manufactured home to the park purchaser free and clear of all liens and encumbrances. All rent due the property owner and all property taxes for the current and prior years shall be paid by displaced residents prior to the removal of the manufactured home from the park by the park purchaser.
10. Limitation Of Relocation Costs And Compensation: Subject to subsection F5 of this section, the total amount of compensation paid to displaced owners of manufactured homes shall not exceed the greater of twenty five percent (25%) of the county assessor's estimated market value of the manufactured home park, as determined by the county assessor for the year in which the park is scheduled to close, or twenty five percent (25%) of the purchase price of the park. At the public hearing of the park closure, the city council will take testimony regarding the reasonableness of the maximum relocation costs to be paid by the park owner and the actual costs to relocate park residents. Based on the testimony, the city council, at its discretion, may adopt an ordinance increasing or decreasing the maximum total relocation costs.
11. Penalty: Violation of any provision of this chapter shall be a misdemeanor. (Ord. B-177, 12-5-2006)