(A) Purpose. The purpose of the regulations expressed herein is to guide and regulate the development of manufactured home parks within the town in order to preserve the public health, safety and welfare and to require preparation and approval of a plan every time a manufactured home park is created or expanded. Specifically, these regulations are designed to provide for an adequately planned street system to avoid overcrowding of the land and extreme concentration of population; to secure safety from fire, panic and other dangers; to provide for adequate water and sewerage systems; to ensure against erosion, water and flood damage; to facilitate an orderly system for the design, layout and use of land. In order to achieve these goals the Town of Spindale shall not approve any manufactured home park where it has been determined through a proper investigation that such development will include or cause excessive flooding, poor drainage, soil slippage, inadequate soil conditions or other potentially dangerous, unhealthy conditions.
(B) Enforcement and penalties.
(1) The Zoning Administrator and Subdivision may revoke any and all zoning permits issued for a manufactured home park, should the developer not comply with the manufactured home park standards set forth in this chapter under an approved manufactured home park plan. The Zoning and Subdivision Administrator may revoke zoning permits in the manufactured home park until such time when the developer has brought the park into compliance with this chapter.
(2) Should a manufactured home park approved under the provisions of this section be found in violation of the provision set forth in this section, the owner or operator shall be notified in writing by the Zoning and Subdivision Administrator. The written notification shall state the specific violations and set forth time limits in which the violations shall be corrected. Should the owner or operator not correct the violations in the specified time limit, the Zoning Administrator shall notify the owner or operator by certified mail that a hearing is scheduled before the Zoning and Subdivision Administrator to consider whether the operating permit for the park should be revoked. The Zoning and Subdivision Administrator will render a written decision within five days of the hearing and will notify the operator by certified mail.
(3) Should the owner or operator of a manufactured home park in violation of this section correct said violations before the loss of the operating permit, the owner or operator shall request that the Zoning and Subdivision Administrator conduct an inspection of the park. Should said inspection indicate that the violations have been corrected, the Zoning Administrator shall notify the owner or operator that the operating permit will continue. If the violations have not been corrected, then the operating permit shall be revoked as stated in the notification.
(4) In cases where the operating permit for a manufactured home park has been revoked the following shall occur:
(a) The owner or operator shall not rent or lease any vacant spaces until violations have been corrected and the operating permit is reinstated.
(b) For spaces which are leased or rented and will be occupied by a manufactured home, the owner or operator shall cease to lease or rent these spaces at the end of the contract period shall not exceed one year from the date of the loss of the operating permit.
(c) The owner or operator shall notify each lessee of a space within the park, within ten days after receipt of written notification, that the operating permit has been revoked and that his or her lease shall be terminated at the end of the specific contract period. The owner or operator shall provide a signed statement by each lessee that notice from the owner or operator of the leased termination has been made.
(5) The owner or operator of a manufactured home park, which has lost its operating permit, may make application to the Zoning and Subdivision Administrator for reinstatement of the operating permit. The Zoning and Subdivision Administrator shall reinstate the operating permit, when the manufactured home park is in compliance with the regulations for which the operating permit was revoked, and the approved manufactured home park development plan approved by the town.
(6) A copy of this chapter shall be on display at the manufactured home park office and be readily available for occupants of the manufactured home park.
(C) Administration. Manufactured home parks which are in existence at the effective date of this chapter will become nonconforming uses, however, any addition, expansion or downsizing to an existing manufactured home park, or major improvement or change in an existing park; such as change in location, in size of spaces, or number of spaces; relocation of streets; relocation or addition of major utilities or other major changes shall be regulated under the provisions of this chapter. In the event that expansion, addition or downsizing occurs to an existing manufactured home park, the developer shall provide to the Zoning and Subdivision Administrator a layout of the existing manufactured home park including street patterns and space layouts to be used for informational purposes.
(D) Severability. Should any section of these regulations be for any reason held void or invalid by a court of law, it shall not affect the validity of any other section or provision herein which is not itself void or invalid, and to this end, the provisions of this chapter are hereby to be severable. Wherever the provisions of any other law, ordinance or regulation impose higher standards that are required by the provisions of this chapter, the provisions of such law ordinance or regulation shall govern.
(E) Conflict. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law except a provision of state or federal law, the provisions of this chapter shall control.
(F) Permits and procedures. No person may construct, maintain, occupy or operate a manufactured home park, unless a preliminary site plan for such a park has been reviewed by the Planning and Zoning Board and approved by the Town Board of Commissioners. Upon approval by the Town Board of Commissioners, a zoning permit may be issued by the Zoning and Subdivision Administrator, and construction of the park begins. No space may be leased or manufactured home in the park be occupied until a final plan of the manufactured home park has been reviewed by the Planning Board and approved by the Town Board of Commissioners. Upon approval of the final plan, an operating permit may then be issued for the park.
(G) Contents of preliminary and final site plan. Application to construct, develop, operate, alter or maintain a manufactured home park shall be made to the Zoning and Subdivision Administrator. The application shall consist of preliminary site plans and then the site final plans, which each include at least the following:
(1) Name of manufactured home park, name and address of owner, name and address of the registered engineer or land surveyor responsible for preparation of the site plan;
(2) A manufactured home park design drawn onto a site plan at a scale of one inch equals 50 feet;
(3) Date, north arrow and scale;
(4) Boundaries of manufactured home park property to include intersections and adjacent property with the boundary of the manufactured home park property and the names and addresses of all adjoining property owners;
(5) The plans for proposed utility layouts, including sanitary sewers, storm sewers, water distribution lines, natural gas, telephone and electric service, illustrating connections to existing systems. Plans for water supply and/or sewage disposal must be accompanied by letters of preliminary approval by appropriate town, county and state authorities. The final plan must contain “as-built” drawings;
(6) Proposed streets, existing and platted streets on adjoining properties and in the proposed manufactured home park, right-of-way, pavement widths, approximate grades, design engineering data for all corners and curves and typical street cross sections. If any street is proposed to intersect with a state-maintained road, the plat shall be accompanied by an application for driveway approval as required by the North Carolina Department of Transportation, Division of Highway’s Manual on Driveway Regulations. The plan must contain “as-built” drawings;
(7) Outline of all existing and proposed buildings within the manufactured home park property with appropriate setbacks;
(8) Location of parking bays, patios, walkways, service and accessory buildings, utilities easements, utility poles and buffer screening areas;
(9) The locations of outlets for utilities connection to manufactured home;
(10) Indication of how future expansion will be made, if applicable;
(11) Location and quantity of refuse containers;
(12) Method and plan of sewage disposal in accordance with existing town, county and state regulations;
(13) Plan of water supply in accordance with existing town, county and state regulations;
(14) Plan of electric lighting; and
(15) In the case of land with irregular topographic features, show finished contours, and (by separate map or otherwise) existing contours.
(H) Development standards.
(1) Any site, tract of land or lot to be developed as a manufactured home park shall not be less than 15 acres in area, excluding street right-of-way, but including utility easements, have at least five manufactured homes, and shall be located on property that is zoned R-6.
(2) Two-way access streets within the site proposed shall have a pavement width of at least 20 feet. One-way access streets shall have a pavement width of no less than 18 feet. The construction and paving of these streets will be at the developer’s expense. Permanent or dead-end streets or cul-de-sacs shall not exceed 750 feet in length unless necessitated by topography and shall be provided with a turnaround of at least 80 feet in diameter. Streets shall intersect as nearly as possible at right angles, and no street shall intersect at less than 60 degrees. Where a street intersects a highway, the design standards of the North Carolina Department of Transportation shall apply. Street jogs of less than 150 feet shall not be allowed. All streets shall have curbing and guttering for storm water drainage purposes. All manufactured home spaces shall have access to a street and there shall be no less than two off-street parking spaces per manufactured home site.
(3) Each manufactured home park shall conform to the following for park entrances:
(a) Fewer than 50 spaces shall have a minimum of one entrance;
(b) Fifty to 100 spaces shall have a minimum of two entrances; and
(c) Over 100 spaces an additional entrance shall be provided for each 50 spaces.
(4) All manufactured homes shall be properly set up in accordance with the manufacturer’s recommendations, in conjunction with the North Carolina Regulations for manufactured homes and the North Carolina Uniform Residential Building Code. In addition, all manufactured homes shall have a masonry skirting. Each manufactured home will be required to obtain the proper building permits prior to locating in the park.
(5) The manufactured home park shall be divided into spaces, the limits of which shall be clearly marked on the ground by permanent flush stakes or markers. No manufactured home space shall be occupied by any structure, park driveway, or common area or facility, other than:
(a) The manufactured home;
(b) Its related automobile parking spaces; and
(c) Utility storage.
(6) Every manufactured home park shall be located on ground that is above any probable flooding from any natural watercourse and shall be graded so as to prevent the accumulation or ponding of water on the premises.
(7) The minimum area of a manufactured home space shall be 6,000 square feet, and shall not have a width of less than 60 feet or a length of less than 90 feet at the narrowest point of the width or length. The setbacks for each manufactured home space shall be:
Front yard | 35 feet |
Rear yard | 20 feet |
Side yard | 15 feet |
(8) No manufactured home or other structures within a manufactured home park shall be closer to each other than 30 feet, except that storage or other auxiliary structures for the exclusive use of the manufactured home may be closer to the manufactured home than 30 feet.
(9) No manufactured home or other structure shall be located closer than 20 feet to an exterior boundary of the park or a bounding street right-of-way.
(10) All manufactured home spaces shall abut upon a paved street.
(11) At least 10% of the gross land area of the manufactured home park shall be designed and developed as a recreation area. Recreation areas shall be located so as to be free of traffic hazards and easily accessible to the park residents.
(12) A densely planted buffer strip consisting of trees, shrubs, other planting or screen fence at least ten feet in height shall be provided along the rear and side lines of the manufactured home park, or park property. No such buffer shall, however, be upon or extend into a street right-of-way. Trees shrubs or other plants to be used for a buffer shall be approved by the Zoning Administrator.
(13) The site proposed will provide street lighting in accordance with town policies.
(14) In every manufactured home park and related buildings all installations of plumbing, electrical wiring, and all gas and oil appliances shall comply with the provisions of the state building code and any other applicable regulation of the town. In addition the following must be met:
(a) Each manufactured home space shall be provided with plumbing and electrical connections; and
(b) The water supply for each manufactured home shall be obtained only from faucets located inside each manufactured home. Outside faucets will be allowed to be used for washing vehicles, watering plants and other traditional outside uses.
(15) A manufactured home park shall have direct access to a dedicated street or road.
(16) No individual manufactured home space parking shall be located with direct access to a public street or road.
(17) The site proposed shall have an office either as a separate structure or in connection with the dwelling quarters of the owner or operator.
(18) The water system shall be in conformance with applicable state, county and town regulations.
(19) Sewage disposal shall be in conformance with applicable state, county and town regulations. Individual septic tanks shall not be allowed.
(20) Any tests deemed necessary by the Planning and Zoning Board must be completed, and the results must be presented to the Planning and Zoning Board, prior to obtaining an operating permit.
(I) Manufactured home design criteria. In order for a manufactured home to locate in a manufactured home park it must meet or exceed the following criteria.
(1) Width and length. A minimum size of 26 feet wide by 40 feet in length. (Hitch shall not be included in these dimensions.)
(2) Roof design. The roof shall have a design of at least a 3/12 pitch with fiberglass shingles of Class C or better materials.
(3) Foundation wall. A continuous foundation wall of brick or stucco shall be constructed and shall be unpierced except for ventilation and access to the crawl space.
(4) Porches. A porch is required at the front and rear doors that must be constructed of wood or brick and must be at least 48 square feet in size.
(5) Apparatus. All apparatus such as hitch, wheels, axle and transport light shall be removed.
(J) Operating permits.
(1) When the developer has completed the construction of the entire park or any phase he or she shall make application to the Zoning and Subdivision Administrator for an operating permit. The Zoning and Subdivision Administrator shall make an on-site inspection to verify the proper installation of the improvements.
(a) If the construction conforms to the approved park plan, the Zoning and Subdivision Administrator shall issue the developer an operating permit.
(b) If the construction does not conform to the approved plan, the Zoning and Subdivision Administrator shall delay issuance of the operating permit until it comes into conformity. The Zoning and Subdivision Administrator shall inform the developer, in writing, of deficiencies in the construction and advise as to actions needed to be in compliance with the approved plan.
(2) The operating permit issued to the developer shall constitute authority to lease or rent spaces in the manufactured home park.
(3) When a manufactured home park is to be developed in stages, the proposed park plan may be submitted for the entire development, and application for operating permits may be made for each stage of development upon completion. There shall be no more than three stages of development.
(4) It is the responsibility of the manufactured home park operator to operate the park in compliance with this chapter, and the operator shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean sanitary condition.
(K) Manufactured home park names, road names and addresses.
(1) The names of manufactured home parks and roads within such shall not duplicate or be phonetically similar to the names of existing manufactured home parks or road names in the town or Rutherford County.
(2) Where proposed streets are continuations of existing streets, the existing road names shall be used.
(3) Property address numbers shall conform to Rutherford County’s addressing system and shall be assigned by the Rutherford County Addressing Department.
(L) Restrictions. Individual manufactured home spaces within a manufactured home park, as defined under this chapter, shall not be sold. A number of manufactured home spaces or blocks of manufactured home spaces maybe sold to a single owner, corporation, group or other as long as the spaces remain rental spaces for occupancy by manufactured homes. Upon ownership changes of a manufactured home park or any part thereof the owner shall notify the Zoning and Subdivision Administrator of the new owner and other pertinent information.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022) Penalty, see § 155.999