Chapter 3
R-5 Manufactured Housing District
3.301 Statement of Purpose.
The purpose of the MH manufactured housing residential district is to encourage a suitable environment for persons and families that by preference choose to live in a manufactured home rather than a conventional single-family structure. In keeping with the occupancy characteristics of contemporary manufactured homes, this article establishes moderately low density standards and permitted uses that reflect the needs of residents in the district. Development is limited to manufactured homes when located in a subdivision designed for that purpose or a manufactured housing park and recreation facilities, churches, schools and necessary public utility buildings.
3.302 Relation to Manufactured Housing Commission Rules.
The regulations established by state law (Michigan Public Act 96 of 1987, as amended) and the Manufactured Housing Commission Rules govern all manufactured home parks. When regulations in this chapter exceed the state law or the Manufactured Housing Commission Rules they are intended to insure that manufactured home parks meet the development and preliminary plan standards established by this Ordinance for other comparable residential development and to promote the health, safety and welfare of the City’s residents.
3.303 Principal Permitted Uses.
The following uses are permitted in MH districts:
A. Manufactured homes.
B. Manufactured home parks.
C. Manufactured home subdivisions.
D. State licensed residential facilities and family day care homes for children.
E. Publicly owned and operated parks, playfields, playgrounds and other recreational facilities.
F. Public, parochial or other private elementary, intermediate, and/or high schools offering courses in general education, not operated for profit.
G. Accessory buildings and uses customarily incidental to the principal uses permitted in this section.
3.304 Special Land Uses.
Certain uses defined in this section are permitted in MH districts after special approval and prior to the use of any land, building or structure or for the erection of any building or structure for such special uses. Special approval uses possess unique characteristics vis-a-vis those permitted by right in the affected zoning district. These characteristics have inherent in them a degree of incompatibility with the uses permitted by right, therefore, it is important that individual site consideration be given those proposed uses and potentially affected properties be given an opportunity to determine the suitability of the use for the particular area.
The following uses may be permitted following special exception permit approval:
A. Religious institutions and other incidental facilities, subject to the following:
1. The site shall be adjacent to a city major thoroughfare, and all ingress and egress shall be limited to and directly upon that thoroughfare.
2. Buildings exceeding 25 feet in height shall be permitted, providing the front, side and rear yard setbacks are increased one foot for each foot the building exceeds 25 feet.
3. A continuous uninterrupted obscuring screening of suitable material at least four feet in height but not more than six feet in height shall be provided along sides of the off street parking area when adjacent properties are zoned residential.
4. A minimum of three acres shall be provided.
5. The front setback area shall remain as open space unoccupied and unobstructed from the ground upward except for landscaping, plant materials or vehicle access drives.
B. Public utility buildings and uses, but not including service and storage yards, when operating requirements necessitate locating within the district to serve the immediate vicinity.
C. Nursery schools, state licensed group day care homes and day care centers (not including dormitories); provided that for each child so cared for, there shall be provided and maintained a minimum of 150 square feet of outdoor play area. Such play space shall have a total minimum area of not less than 5,000 square feet and shall be screened from any adjoining lot in any residential district.
D. Temporary buildings for use incidental to construction work for a period not to exceed one year.
E. Golf courses, public or private. If a golf course is a course open to persons other than those who reside in the mobile home park, it cannot be used as part of the overall permitted density.
3.305 Development Standards.
Manufactured home parks shall be subject to all the rules and requirements as established and regulated by Michigan law including, by way of example, Act 96 of 1987, as amended, and the Manufactured Housing Commission Rules and, in addition, shall satisfy the following minimum requirements:
A. Flood Areas. A manufactured home shall not be placed in a designated floodway, as determined by the Michigan Department of Environmental Quality.
B. Minimum Site Area. A manufactured housing community shall be developed with sites averaging 5,500 square feet per manufactured housing unit. The 5,500 square foot average may be reduced by twenty percent (20%) provided that each individual site shall be equal to at least 4,400 square feet. For each square foot of land gained through the reduction of the average site below 5,500 square feet, at least an equal amount of land shall be dedicated as open space. This open space shall be in addition to that required under Rules R125.1946, R125.1941, and R125.1944, and this Chapter.
C. Maximum Height. In the MH manufactured housing residential district, all structures shall comply with the maximum height requirements applicable in the R-1 District. Refer to Table 3. Dimension Standards.
D. Setbacks from Perimeter Property Lines.
1. Homes, permanent buildings and facilities, and other structures shall not be located closer than 20 feet from the property boundary line of the community.
2. Homes, permanent buildings and facilities, or any other structures that abut a public right-of-way shall be set back at least 50 feet from the property line. If the property line runs through the center of the public road, then the 50 feet shall be measured from the road right-of-way line. This setback does not apply to internal roads dedicated for public use.
E. Required Distances Between Homes and Other Structures.
1. A home shall be in compliance with all of the following minimum distances, as measured from the wall/support line or foundation line, whichever provides the greater distance:
a. Ten feet from an attached or detached structure or accessory of an adjacent home that may not be used for living purposes for the entire year.
b. For a home sited parallel to an internal road, 15 feet from an adjacent home, including an attached structure that may be used for living purposes for the entire year if the adjacent home is sited next to the home on and parallel to the same internal road or an intersecting internal road.
c. Ten feet from an attached or detached structure or accessory of an adjacent home that may not be used for living purposes for the entire year.
d. Fifty feet from permanent community-owned structures, such as clubhouses or maintenance and storage facilities.
e. One hundred feet from a baseball or softball field.
f. Twenty-five feet from the fence of a swimming pool.
2. Attached or detached structures or accessories that may not be used for living purposes for the entire year shall be a minimum distance of 10 feet from an adjacent home or its adjacent attached or detached structures.
3. Any part of a home or an accessory structure, such as steps, porches, supported or unsupported awnings decks, carports or garages, or similar structures shall be set back the following minimum distances:
a. Seven feet from the edge of the back of the curb or the edge of an internal road paving surface.
b. Seven feet from a parking space on an adjacent home site or parking bay off a home site.
c. Seven feet from a common sidewalk.
d. Twenty-five feet from a natural or man-made lake or waterway.
4. A carport shall be in compliance with both of the following setbacks if it is completely open, at a minimum, on the 2 long sides and the entrance side:
a. Support pillars that are installed adjacent to the edge of an internal road shall be set back 4 feet or more from the closest edge of the internal road and 2 feet or more from the closest edge of a common sidewalk, if provided.
b. Roof overhang shall be set back 2 feet or more from the edge of the internal road.
c. Steps and their attachments shall not encroach into parking areas more than 3 1/2 feet.
5. A home sited on one side of the dividing line between a community constructed under a previous act and an expansion of the community constructed in compliance with the requirements of the act shall be a minimum of 13 feet from a home sited on the other side of the dividing line.
F. Landscaping and Screening. Manufactured housing communities are subject to the landscaping requirements of Article 4, Chapter 4 0except when the manufactured housing community is adjacent to property that is, in the opinion of the Manufactured Housing Commission, undeveloped. For the purposes of determining compliance with the landscaping and screening requirements, a manufactured housing park shall be considered a single family use.
G. Open Space.
1. Open space shall be provided in any manufactured housing community containing fifty (50) or more manufactured home sites. A minimum of two percent (2%) of the park’s gross acreage or 25,000 square feet of contiguous space, whichever is greater, shall be dedicated to well drained, usable open space complying with the drainage standards in State Rule R125.1714.
2. Required property boundary setback areas may not be used in the calculation of open space.
3. Optional improvements shall comply with state construction codes and applicable laws and ordinances pertinent to construction, including obtaining appropriate state or local permits for the facility or structure being built.
4. If provided, recreational or athletic areas shall comply with the safety and setback standards of Rules R125.1705 and 125.1941(1), respectively.
H. Lighting. Except in a seasonal manufactured home community, all internal street and sidewalk systems within a manufactured housing community shall be lighted as follows:
1. Access points shall be lighted. If the public thoroughfare is lighted, the illumination level shall not be more than the average illumination level of the adjacent illuminated thoroughfare.
2. At all internal road intersections and designated pedestrian crosswalks the minimum illumination shall not be less than .15 footcandles.
3. Internal roads, parking bays, and sidewalks shall be illuminated at not less than .05 footcandles.
4. Lighting fixtures for site-built buildings shall comply with the state electrical code.
I. Swimming Pools. Swimming pools in manufactured housing communities shall comply with Michigan Administrative Code Rules R325.2111 et. Seq., Public Act 368 of 1978, and Rule R125.1941(1)(f).
3.306 Streets, Driveways, and Parking Areas.
All streets, driveways, and parking areas in manufactured housing communities shall comply with the following design requirements:
A. Access.
1. The community’s internal roads shall have access to a public thoroughfare or shall be connected to a public thoroughfare by a permanent easement.
2. An additional access shall be provided to a public thoroughfare to allow a secondary access for emergency vehicles. A boulevard entrance extending to the first intersection of a community road shall satisfy this requirement.
B. Composition and Surfacing. All internal roads shall be constructed of concrete or bituminous asphalt and supported by a suitable sub grade in compliance with the standards of the American Association of State Highway and Transportation Officials (AASHTO), pursuant to Rule R125.1922. Roads shall be maintained in a reasonably sound condition, as required under Rules R125.1924 and 1925(2)(b).
C. Curbing. If provided, internal road curbing shall be constructed of concrete or asphalt. Access to curbed sidewalks connecting to internal roads shall comply with Rule R125.1928 (a). (Rule R125.1923)
D. Parking spaces; Streets. All internal roads shall be two-way and have driving surfaces that are not less than the following widths:
1. Two-way, no parking 21 feet.
2. Two-way, parallel parking, 1 side 31 feet.
3. Two-way, parallel parking, 2 sides 41 feet.
E. Road Configurations. An internal road that has no exit at one end shall terminate with a minimum turning radius of 50 feet. Parking shall not be permitted within the turning area, which shall be posted within the turning area. A safe-site distance of 250 feet shall be provided at all intersections. Offsets at intersections or intersections of more than two internal roads are prohibited.
F. Road Widths, Street Names, Addresses & Traffic Control.
1. All entrances to new communities or new entrances to expanded communities shall be a minimum of 33 feet in width. The entrance shall consist of an ingress lane and a left and right egress turning lane at the point of intersection between a public road and the community’s internal road, and shall be constructed as indicated below in subsections 2 through 4.
2. All turning lanes shall be a minimum of 11 feet in width and 60 feet in depth, measured from the edge of the pavement of the public road into the community.
3. The turning lane system shall be tapered into the community internal road system commencing at a minimum depth of 60 feet.
4. The ingress and right egress turning lanes of the ingress and egress road shall connect to the public road and shall have a radius determined by the local public road authority having jurisdiction. The intersection of the public road and ingress and egress road shall not have squared corners.
5. Appropriate speed and traffic control signs shall be provided on all internal roads, and a regulation stop sign shall be installed at the point of intersection with a public road, unless a traffic control device is provided.
6. School bus stops, if provided, shall be located in an area that is approved by the school district.
7. Improved hard-surface driveways shall be provided on the site where necessary for convenient access to service entrances of buildings, and at delivery and collection points for fuel, refuse, and other materials, and elsewhere as needed. The minimum width of driveways shall be 10 feet. The entrance to the driveway shall have the flare or radii, and horizontal alignment for safe and convenient ingress and egress.
3.307 Sidewalks.
Common sidewalks shall be installed along one side of all internal collector roads within the community to the public right-of-way and to all service facilities including central laundry, central parking, and recreation areas.
A. Common sidewalks shall be constructed in compliance with all of the following requirements:
1. Sidewalks shall have a minimum width of 5 feet and shall be constructed in compliance with Public Act 8 of 1973, an act that regulates barrier-free sidewalk access.
2. All common sidewalks shall meet the standards established in Rule R125.1928.
3. Except in a seasonal community, an individual sidewalk shall be constructed between at least one entrance, or patio, porch, or deck, if provided, and the parking spaces on the home site or parking bay, whichever is provided, or common sidewalk, if provided.
B. An individual site sidewalk with a minimum width of 3 feet shall be constructed to connect at least one entrance to the home, patio, porch, or deck and the parking spaces serving the home or a common sidewalk. These sidewalks shall meet the standards shall meet the standards established in Rule R125.1928.
3.308 Parking Requirements.
A. Resident Parking. A minimum of two (2) hard-surfaced parking spaces shall be provided for each manufactured home site. Parking may be either on or off the individual home site.
1. If the two resident vehicle parking spaces required by this section are provided off the home site, the parking spaces shall be adjacent to the home site and each parking space shall have a clear parking width of 10 feet and a clear length of 20 feet.
2. If parking spaces are provided for resident vehicle parking, they shall contain individual spaces that have a clear parking width of 10 feet and a clear length of 20 feet.
3. If vehicle parking is provided on the home site it shall comply with the following provisions:
4. The parking space shall be constructed of concrete or bituminous asphalt and supported by a suitable subgrade compliant with the standards of AASHTO.
5. The parking spaces may be either in tandem or side-by-side. If spaces are tandem, the width shall not be less than 10 feet and the combined length shall not be less than 40 feet. If spaces are side-by-side the combined width of the two parking spaces shall not be less than 20 feet and the length shall not be less than 20 feet.
B. Visitor Parking.
1. A minimum of one visitor parking space shall be provided for each three home sites.
2. Visitor parking shall be located within 500 feet of the sites it is intended to serve, as measured along a road or sidewalk.
3. Individual visitor parking spaces shall have a clear width of 10 feet and a clear length of 20 feet.
3.309 Utilities.
The following utility standards apply to all manufactured home communities:
A. Connections and Lines. All electric utilities shall be underground and installed and serviced by a licensed electrician. All local distribution lines for utilities (telephones, electric service, and cable television) shall be placed entirely underground throughout the manufactured housing community. Main lines and perimeter feed lines existing on a Section or Quarter Section Line may be above ground if they are configured or installed within the state codes.
B. Drainage.
1. All drainage outlet connections shall be subject to review and approval by the Drain Commissioner.
2. Drainage systems shall be reviewed and approved by the Michigan Department of Environmental Quality, in accordance with MDEQ Rules R325.3341 to R325.3349, pursuant to the Act.
3. Drain utility connections shall comply with Rule R125.1603(c).
C. Electricity. Electrical systems shall be installed, maintained, operated and serviced according to the standards established in Rules R125.1603(d), R125.1603(e), R125.1603(f); R125.1708; R125.1710(2); R125.1932; R125.1933; and MDEQ Rule R325.3373(2)(c).
D. Fuel & Gas Heating Service. The installation, maintenance, operation and service of manufactured housing community fuel and gas heating systems and connections shall comply with the standards contained and referenced in Rules R125.1603(b), R125.1710(1), R125.1934 through R125.1938, R125.1940(3) and MDEQ Rule R325.3373(2)(d).
E. Telephone Communication Lines. All telephone systems shall be installed in accordance with standards approved by the Michigan Public Service Commission or utility provider, pursuant to Rule R125.1940(2), as applicable.
F. Television. Television service installation shall comply with requirements of Rule R125.1940(1).
G. Water & Sewage. All lots shall be provided with public water and sanitary sewer service, or water and sanitary services that shall be approved by the Michigan Department of Environmental Quality, pursuant to MDEQ Rules R325.3321 and R325.3331 through R325.3335. Water line connections shall meet the specifications contained in Rule R125.1603(a) and MDEQ Rule R325.3373. Water system meters shall comply with MDEQ Rule R325.3321 and Rule R125.1940a.
H. Utility Cabinets. Public utility (water, sewer, electrical, etc.) cabinet design shall be approved by the City prior to development. Utility cabinets shall be designed, located, and screened in a manner which minimizes their visibility and appearance, and which will not create sight-line conflicts for motorists or pedestrians.
3.310 Disposal of Garbage and Trash.
Each manufactured home site shall use approved garbage/rubbish containers that meet the requirements of Part 5 of the Michigan Department of Environmental Quality Health Standards, Rules R325.3351 through R325.3354. The containers shall be kept in a sanitary condition at all times. It shall be the responsibility of the community operator to ensure that all garbage/rubbish containers do not overflow and that all areas within the community are free of garbage/rubbish.
3.311 Emergency and Safety.
A. Fire Protection. All manufactured homes built, sold, or brought into this state shall be equipped with at least one fire extinguisher approved by the national fire protection association and one smoke detector approved by the Michigan Bureau of Construction Codes. The homeowner of a manufactured home brought into this state for use as a dwelling shall have 90 days to comply with this requirement under Public Act 133 of 1974, as amended. The manufactured housing community shall provide its residents with written notification of this requirement, which may be published in the community rules.
B. Disaster & Severe Weather. Each manufactured housing community shall provide each community resident immediately upon occupancy with written information indicating whether the local government provides a severe weather warning system or designated shelters. If a warning system or shelter is provided, the information shall describe the system and nearest shelter location.
3.312 Required Conditions.
A. In-Community Home Sales. New or pre-owned manufactured homes which are to remain on-site in the manufactured housing community may be sold by the resident, owner, or licensed retailer or broker, provided that the manufactured housing community management permits the sale, as established in Section 28a of Public Act 96 of 1987, as amended, and Rules R125.2001a, R125.2005, R125.2006 and R125.2009(e).
B. Installation and Anchoring. Manufactured homes shall be installed with anchoring systems designed and constructed in compliance with the U.S. Department of Housing and Urban Development’s Manufactured Home Construction and Safety Standards (24 CFR 3280.306) and approved for sale and use within Michigan by the Michigan Construction Code, pursuant to Rules R125.1605 and R125.1607. The installation of manufactured housing on each site within a community shall conform to the requirements of Rules R125.1602 and R125.1602a.
C. Utility Connections. All utility connections within the community shall comply with the requirements of Rule R125.1603. No manufactured home shall be occupied for dwelling purposes unless it is placed on a site or lot and connected to water, sanitary sewer, electrical, and other facilities as may be necessary.
D. Storage.
1. A manufactured home site shall be kept free of fire hazards, including combustible materials under the home.
2. One storage shed that complies with the Michigan Residential Code may be placed upon any individual manufactured home site for the storage of personal property, if permitted by management. Storage sheds shall be constructed with durable weather and rust-resistant materials and shall be maintained to reasonably preserve their original appearance.
3. Storage sheds that are attached to homes shall consist of materials similar to that of the home and shall have a fire-rated wall separation assembly in accordance with the Michigan Residential Code.
4. A detached storage shed shall be at least 10 feet from all adjacent homes.
5. All storage sheds shall be securely anchored in accordance with the Michigan Residential Code.
6. Towing mechanisms shall be removed from all homes at the time of installation and stored so as not to be visible. Towing mechanisms, including axles, may, however, be stored under manufactured homes within a community.
E. Skirting.
1. Skirting to conceal the underbody of the home shall be installed around all manufactured homes, prior to issuance of a certificate of occupancy and shall be installed within 60 days of placement of the home on the site unless weather prevents compliance with this schedule. In the event that installation is delayed by weather, a temporary certificate of occupancy shall be issued pursuant to Section 13 of Public Act 230 of 1972, as amended.
2. Skirting shall be vented as required by Rule R125.1604.
3. Skirting shall be installed in a manner to resist damage under normal weather conditions and shall be properly maintained by the resident.
4. Skirting shall be aesthetically compatible with the appearance of the manufactured home. All skirting shall meet the requirements established in the Manufactured Housing Commission Rules.
F. Recreational Vehicles.
1. If recreational vehicle storage is provided within the manufactured housing community, it should include, but not be limited to: class A, B, and C motor homes; fifth wheel travel trailers; travel trailers; folding tent campers; trailered boats; trailered all-terrain vehicles; trailered personal watercraft; historic vehicles; and seasonal equipment. The storage area shall be adequately locked, fenced, and permanently screened, using the same standards of screening provided at the property’s perimeter, and surfaced in accordance with Rule R125.1922.
2. The storage area shall be limited to use by the residents and management of the manufactured housing community.
3.313 Licenses and Permits.
A. Site Plan Review Required for Community. The City shall review the preliminary plan for the manufactured housing community pursuant to Section 12 of the Act and Rules R325.3381-3385 of the Michigan Department of Environmental Quality’s Mobile Home Park Health Standards.
B. License. No manufactured housing community shall be operated without a license issued by the Michigan Bureau of Construction Codes, pursuant to Section 16 of the Act.
C. Occupancy. Occupancy shall not occur until after local inspections, permit, and certificate of occupancy approvals, pursuant to Public Act 230 of 1972, the Stille-DeRossett-Hale Single State Construction Code Act.
D. Occupancy. Occupancy shall not occur until after local inspections, permit, and certificate of occupancy approvals, pursuant to Public Act 230 of 1972, the Stille-DeRossett-Hale Single State Construction Code Act.
E. Site-Constructed Buildings. Site constructed buildings erected within the community, such as community buildings or laundries, but not including manufactured homes and their accessory storage buildings, shall be examined by the municipality for compliance with all appropriate inspection and permit requirements, pursuant to Public Act 230 of 1972, the Stille-DeRossett-Hale Single State Construction Code Act.
F. Individual Homes. Site plan review is not required for individual homes in a manufactured housing community.