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Manufactured Housing Ordinance
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CITY
OF GEORGETOWN
ORDINANCE NO. 2004 - __
AN
ORDINANCE RELATED TO THE AMENDMENT
OF THE GEORGETOWN/SCOTT COUNTY ZONING ORDINANCE REGARDING
QUALIFIED MANUFACTURED HOUSING AND RELATED COMPATIBILITY STANDARDS
WHEREAS:
In order to provide for the orderly development of property, the
maintenance of property values, and to provide for suitable and affordable
housing options within the community, it is necessary to maintain the
planning and zoning process with periodic amendments to the Zoning Ordinance
in response to new challenges;
WHEREAS:
The
2002 Kentucky General Assembly passed a bill (Senate Bill 147) that enacted
compatibility standards for manufactured housing. The legislature designed
SB 147 to allow local governments to regulate compatibility for the purpose
of protecting and preserving monetary value of property located within the
local government’s jurisdiction. The
legislature recognized that manufactured housing and stick built homes
should be treated in the same manner within the context of land use
regulations. The best way to address this issue was to enact compatibility
standards. The compatibility
standards for manufactured housing would have to comply with the enactment
of Senate Bill 147 and subsequent revisions to KRS 100 (Planning &
Zoning Statutes) adding compatibility standards for qualified manufactured
housing, which were effective as of
July 1, 2003
;
WHEREAS: This proposed
amendment to the Zoning Ordinance has been submitted to the citizens through
a properly advertised public hearing before the Georgetown-Scott County
Planning and Zoning Commission conducted at their December 11, 2003 and
January 8, 2004 public meetings. The
Commission voted unanimously to recommend the adoption of this amendment to
the City and County governments of
Scott
County ;
WHEREAS:
The proposed amendments set out below have been recommended by the
Planning Commission after public hearings and compliance with all provisions
of KRS Chapter 100 and 424.
NOW,
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF
GEORGETOWN
,
KENTUCKY
, as follows:
SECTION
ONE: NEW PROVISIONS. [New
language is underlined. Language
which is unchanged is not marked.
Superseded
language is shown as stricken.]
SECTION TWO: ARTICLE II
GENERAL
REGULATIONS
2.1
DEFINITIONS...............................................................................................
2
2.5
SPECIFIC USE
REGULATIONS.........................................................................
21
2.51 QUALIFIED MANUFACTURED HOUSING, MANUFACTURED HOUSING
AND
MOBILE HOMES..........................................................................
21
ARTICLE
II GENERAL REGULATIONS
Article
II 2.1 DEFINITIONS
The
words defined are those which have special or limited meaning as used in the
Zoning Ordinance, which meanings might not otherwise be clear.
Words whose meanings are self-evident as used in the Zoning Ordinance are
not defined here.
Manufactured Home -a
single-family residential dwelling constructed after June 15, 1976, in
accordance with the National Manufactured Home Construction and Safety Standards
Act of 1974, 42 U.S.C. Section 5401, et.seq., as amended, and designed to be
used as a single-family residential dwelling with or without permanent
foundation when connected to the required utilities, and which includes the
plumbing, heating, air conditioning and electrical systems contained therein.
Qualified
Manufactured Home - a manufactured home that meets all the
following criteria:
1.
Is manufactured on or after
July 15, 2002 ;
2.
Is affixed to a permanent foundation and is connected to the
appropriate facilities and is installed in compliance with KRS 227.550;
3.
Has a width of at least twenty (20) feet at its smallest width
measurement or is two (2) stories in height and oriented on the lot or parcel so
that its main entrance door faces the street;
4.
Has a minimum total living area of nine hundred (900) square
feet;
5.
Is not located in a manufactured home land-lease community.
A. Compatibility Standards -
standards that have been enacted by a local government under the authority of
this section for the purpose of protecting and preserving the monetary value of
real property located within the local government’s jurisdiction.
B.
Local government - a city, county, urban-county government, charter
county government, or consolidated local government that is engaged in planning
and zoning under KRS 100.
C.
Façade - The main face or front of a building.
D.
Permanent foundation - a system of supports that is
1.
Capable of transferring, without failure, into soil or bedrock,
the maximum
design load imposed by or upon the structure;
2.
Constructed of concrete; and
3.
Placed at a depth below grade adequate to prevent frost damage.
Article II, Section 2.5 SPECIFIC USE
REGULATIONS
2.51
QUALIFIED MANUFACTURED HOUSING, MANUFACTURED HOUSING AND
MOBILE
HOMES
2.51.1
For the purpose of these regulations, four basic types of mobile homes
development have been defined. They
are: (1) mobile homes parks; (2)
mobile home subdivisions; (3) mobile home camps (or trailer parks); and (4) a
mobile home on a single lot and solid foundation.
All such uses shall conform with all applicable provisions of KRS 219.120
through 219.250, as amended, all provisions of this ordinance, and all attached
special conditions.
A.
Mobile
Home
Parks and Mobile Home Subdivisions:
May
be permitted as a conditional use only in R-2, R-3, and B-2 districts.
Mobile home camping areas may be permitted by conditional use in B-2
districts or as accessory uses in recreational areas.
All mobile home parks shall be subject to the standards of development
established in the Subdivision Regulations.
A plat plan shall be submitted to the Enforcement Officer who shall
review such plan to see that the following information at a minimum is shown:
1. Name and address of applicant
and/or owner.
2. Name, location and size of mobile
home park.
3. Approximate dimensions and
locations of lots (also numbered), roads and pavement, easements, parks,
community buildings, existing buildings to remain, and existing buildings within
200 feet of exterior property lines.
4. Contour lines at an interval of
10 feet along with existing natural features.
5. General location of all utilities
and method of sewage disposal.
6. Public or community areas.
7. Large scale plan of at least one
typical mobile home lot showing mobile home location, automobile parking space,
minimum yard requirements, etc.
8. Location of planting for
landscaping or buffer purposes when necessary.
9. Identification of abutting
property owners.
10.
Proposed street right-of-way and pavement type and widths along with curb, gutter and sidewalk
proposals.
11. Certificates from the County Health Officer.
When
the Enforcement Officer has determined the application for mobile home parks
or trailer camps complete, including payment of fees, the application is
sent to the Board of Adjustment who shall proceed to consider the
application in the same manner as set forth in Paragraph 2.33 and in KRS
100.217 through 100.263.
B.
In
the case of Mobile Home Subdivision the applicant is expected to meet all of the
requirements for preliminary plat approval in his initial application to the
Board. Upon preliminary approval of
the mobile home subdivision by the Board the application together with any
conditions the Board might attach, the application is forwarded to the Planning
Commission for Preliminary and Final Plat consideration.
Both bodies must approve the application and act on all variances
requested before any site preparation may begin.
C.
Singular
Mobile Homes on a solid foundation: Mobile
homes are a permitted use in R-3 districts if placed on a solid foundation,
underpinned, and meet all other requirements of a single family dwelling unit.
This provision is intended for the regulation of one mobile home placed
on one lot, distinct from mobile home parks or mobile home subdivisions where
more than one mobile home location is requested at one time.
Singular mobile homes may also be permitted to be located in R-1C and
R-2 Districts with a conditional use permit by the Board of Adjustment provided
that all requirements of the zoning district, of the County Health Officer and
the Subdivision Regulations are met, and provided further, that the mobile home
is placed on a solid foundation and underpinned.
Mobile homes are permitted in Agricultural Districts and in Conservation
Districts on the minimum lot size established for the district unless provisions
of Article II, Section 2.1 (2) are applicable.
D. Development
Standards for Mobile Homes: The
following standards and requirements are minimum standards for the development
of mobile home facilities and may be increased at the option of the developer
but may be decreased only by approved variances by the Board (and Planning
Commission as in the case of subdivisions).
There are no minimum nor maximum numbers of mobile homes that may be
permitted in an approved development, other than density requirements, special
conditions that may be imposed by the Board (or Commission when subdividing), or
self-imposed limitations that the developer presents.
Development shall be in strict accordance with the plans approved by the
Board or Commission, including any and all staged development.
1. Mobile Home Parks, Mobile Home
Subdivisions and singular mobile homes on a solid foundation on a single lot:
All requirements of the Zoning District in which such use is proposed and
KRS shall apply.*
*Note: This is in keeping
with the philosophy that mobile homes should be regulated in the same manner as
houses. Therefore, where permitted,
mobile home parks, mobile home subdivisions and mobile homes on a single lot are
subjected to the same regulations, subdivision and zoning, as single family
houses.
2. Mobile Home Camps (or camping
areas for trailers) are permitted as a conditional use only in B-3 districts or
as conditional accessory uses in major recreational areas.
Due to the temporary or seasonal nature of this use, special development
regulations are necessary. In
addition to fulfilling the requirements of KRS 219.120-219.250 as a minimum, the
following requirements are to be followed:
a.
The
same application, unless changes were granted, that is submitted to the
Board of
Adjustment, shall be submitted to the Department of Health for their
consideration.
b.
The
minimum lot for each trailer is 3,000 square feet.
c.
Adequate
open space and recreation areas shall be provided in accessible
locations.
d.
Accessory
commercial uses are permitted, but no closer than 100 feet from the nearest
trailer or camping lot.
e.
The
layout and lot arrangement shall be such that maximum privacy was an
obvious
consideration. This may be achieved
through landscaping, natural
features, radial or alternative lot arrangements,
etc.
f.
The surface of the parking area shall be improved, either paved or
(8")
compacted gravel or as approved by the Board.
g.
All
roads shall be improved as approved by the Board.
h.
All
lots and streets shall be properly drained.
E.
Issuance of Building Permit:
The
Planning Commission or the Board of Adjustment, if delegated by the Planning
Commission, may attach reasonable special conditions to its approval of a
mobile home development and may direct the Enforcement Officer to issue a
building permit. The Enforcement
Officer shall not issue a building permit until he has received written
authorization from the Planning Commission or Board of Adjustment, and the
applicant shall not start construction until he has also obtained a valid
construction permit from the State Department of Health as required by
Kentucky Revised Statutes 219.150.
F.
Issuance
of Certificate of Occupancy: The
Enforcement Officer shall issue a certificate of occupancy only after he has
determined that the mobile home development has been prepared according to all
applicable regulations and special conditions.
The applicant must also obtain a valid permit to operate from the State
Department of Health as required by Kentucky Revised Statutes 219.130.
G. Non-conforming
mobile homes and mobile home parks:
All
mobile homes within the county which are non-conforming may continue in their
present location as long as the mobile home is occupied by the present
occupant. Should the present
occupant move elsewhere, the right to maintain a substandard mobile home park
shall terminate and the owners shall be required to move the mobile home.
H. Mobile
homes in agricultural and conservation districts:
the following regulations shall be applicable in A-1 and C-1 districts.
Mobile homes may be permitted in
Agricultural districts and in Conservation districts on the lot sizes
specified for farm dwellings.
2.51.2 Qualified Manufactured Housing
Proposal
Process
Step
One: Choosing a site for a Qualified Manufactured Home and/or Manufactured
Home.
A qualified manufactured house may be placed on residential lots consisting of
urban infill, urban development or development with urban densities (lot sizes
up to 1.0 acre or for densities greater than 1 dwelling unit per acre).
Manufactured housing may be placed on agricultural lots providing 1 dwelling
unit per 5 acres.
Step
Two: Site Selection and design. Once
you have selected your site, you should review this document to fully
understand the application process and how the compatibility standards relate
to your property. These standards as well as the application process will be
explained in the following sections of the document.
Step
Three: Review. Formal review of proposals will be in conformance with the
process and procedures contained within the
Subdivision
& Development Regulations and outlined in the
Zoning Ordinance.
Step
Four: Permits and Application. The applicant will be required to obtain a
building permit from the Building Inspection Department. In addition, an
application and supplemental materials will be required. The application will
include materials such as photographs of surrounding property, site plan, and
facade elevation.
Design
and Application Submittal and Review Process
INTENT: The
purpose of compatibility standards for manufactured housing is to permit
local governments to adopt and enforce, as a part of its zoning regulations,
compatibility standards governing the placement of qualified manufactured
homes in residential zones, within the local government’s jurisdiction.
GUIDELINES:
The qualified manufactured home shall be reviewed for its
compatibility with architectural appearance and similarity with (1) adjacent
development or surrounding developments (i.e. either side of the proposed
site within the same block face and adjacent to the rear), (2) development
within the same zone or general area, or (3) within a one-eighth (1/8) mile
radius or less from the proposed location of the qualified manufactured
home.
Architectural
Compatibility Guidelines
1.
Facades and Exterior Material
Exterior
material shall be material customarily used on site-built dwellings, such as
board siding, plywood, or press wood siding , non-glossy vinyl siding, stucco,
brick, or non-reflective aluminum.
2.
Roof Pitch and Material
Roofing material shall be of wood, tile or composition shingles, and must have
an eave projection of no less than 6 inches. The roof of each proposed unit
shall have a pitch at least equal to the average of the two residential
buildings in the same block face (residential buildings on either side of the
lot, or two nearest residences, if the adjacent structures are not
residential).
3.
Windows
Front
facing windows must have consistent size, spacing, and proportion to that of
the adjacent residences.
4.
Porches
Roofed front porches must be included on each structure if more than 50% of
the structures in the same block face or within 200 feet of the structure of
the subject site, whichever is less, include them. Porches shall equal the
average size and must resemble the same architectural style, roof pitch,
foundation and façade material of the existing porches within the existing
block face.
5. Foundation
The structure shall be permanently attached to a permanent foundation system
and shall be anchored in accordance with the state standards set forth in KRS
227.550 through KRS 227.590.
6.
Size/Height
The
first floor elevation of the proposed dwelling shall be no lower than the
average floor elevations of the existing adjacent buildings on either side of
the infill lot or two nearest residences, if the adjacent structures are
non-residential. The building height of the new structure shall be comparable to
the building heights within the same block face.
7. Additions/alterations
Structural additions or alterations shall be subject to the same building code
regulations as apply to additions or alterations to a conventionally built
house. Any other alteration or conversion of a manufactured house must be
performed in accordance with KRS 227.550 et seq., 815 KAR 25:050, Section 2
and 42 USC Chapter 70.
2.51.2.1
Application Instructions For Qualified Manufactured Housing Compatibility
Standards
Introduction:
This
set of instructions is for compatibility review approval and is intended to
provide brief directions for filing an application. It should not be construed
as definitive instructions for your application. These instructions are general
in nature and the Building Department and/or Planning Commission reserves the
right to request additional information on any specific application. In
addition, no guarantee of success is implied if these instructions are followed,
nor is denial if they are not.
Application
Procedures
To
be an applicant, you must be an owner, leasee or prospective owner with a
purchase contract to place a qualified manufactured home on designated
residential areas.
These standards are set forth in the Zoning Ordinance. If you have questions
whether an action you propose is subject to review, you should consult with
the Chief Building Inspector or Planning Commission staff, where applicable.
When it is determined that you need approval, you should complete the
attached application form and file it with the Building Inspector.
Specific Instructions for Completing Application Form
APPLICANT: Provide the name, address and telephone number of the applicant. The
applicant is the owner, leasee, or purchaser under contract for the property.
The telephone number should be where the applicant can be reached during normal
business hours.
PROPERTY AFFECTED:
Provide address for the property to be reviewed. If the property is a newly
created lot, an address will be assigned at the time of the building permit.
SUBMISSIONS:
The specific submission requirements may vary from application to
application. Below are the guidelines for the minimum requirements.
Site Plan: A site map should be submitted. This map should be drawn to scale
and preferably submitted on an 81/2” x 11” sheet, but in no case exceed
11” x 17”. The plan should show the property lines, building footprint,
building setbacks and significant site features such as fences, sidewalks,
driveways, accessory buildings, and trees.
Building Elevations: All
applications involving compatibility standards to the exterior of the building
shall provide an elevation drawing. The drawing must be to scale and should
not exceed 11” x 17” in size. The drawing should be produced for every façade
that will change, no matter how slight the change.
The
façade elevations should show the proposed changes or designs. Each change or
new element should be clearly identified on the elevations. All new materials
should be clearly identified.
Photographs: All applications must be accompanied with photographs. You may
provide black and white or color photographs, at least 3 ½ “ x 5” in size,
or provide digital photography on DSHD diskettes (1.44 mb) or CD-R data disk
(650-700 MB).
Provide
photos clearly detailing general views of properties immediately adjacent to the
project site. The photos may be taken from public spaces such as the sidewalk
and streets. If a camera is not available for use, the applicant may use the
Property Valuation cards provided in the P.V.A. office located on the 2nd
floor of the
Scott
County
Courthouse.
Specifications: Provide
specifications for the construction or the materials to be added to the
project on a separate sheet if they cannot be included in façade elevation.
Examples
of compatibility based on Architectural Design including Roof Pitch,
Building Height, Location of Entry, Porches and Exterior Finishes
Picture
1. The location of entry is facing the street. The compatibility is based
on the roof pitch, stucco exterior, porch and entry location.
Picture 2. Compatibility standards are applied to the structure
that includes second level, porch, portico and garage.
SECTION THREE:
EFFECTIVE DATE:
This Ordinance shall take effect upon passage and publication.
The foregoing Ordinance was introduced and read for the first time at
the City Council’s regular meeting
February 17, 2004
, and for the second time, adopted and approved, at the City Council’s
regular meeting
March
4, 2004
.
APPROVED BY:
_______________________________
EVERETTE VARNEY, MAYOR
ATTESTED
BY:
________________________________
SUE LEWIS, CITY CLERK
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