The Manufactured Housing Community District is intended to provide
for the location and regulation of manufactured home parks in conformance
with the Mobile Home Commission Act, being Act 96 of 1987, MCLA § 125.2301,
as amended (the Act), and the administrative rules promulgated thereunder
(the Rules, and referenced in this article as "R125"). Manufactured
housing community development standards include the anchoring. These
districts should be located in areas where they will be compatible
with adjacent land uses. Accordingly, manufactured home parks shall
be located in conformance with the following:
A.
Manufactured home parks shall serve as a transition zone between
residential and nonresidential districts. Manufactured home parks
should not be located where they would interrupt the continuity of
permanent single-family neighborhoods.
B.
Manufactured home parks may be located on sites adjacent to existing
manufactured home parks; however, sites which meet all other location
criteria of this section may be appropriate.
C.
The community's internal roads shall have access to a public thoroughfare
or shall be connected to a public thoroughfare by a permanent easement.
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.
D.
All lots shall be provided with public water and sanitary sewer service,
or water and sanitary services that shall be approved by the Michigan
Environment, Great Lakes, and Energy Department (EGLE), pursuant to
EGLE Rules R 325.3321 and R 325.3331 through R 325.3335.
Water line connections shall meet the specifications contained in
EGLE Rule R 125.1603(a) and EGLE Rule R 325.3373. Water
system meters shall comply with EGLE Rules R 325.3321 and R 125.1940a.
Storm drainage systems shall be designed and installed according to
the standards of the EGLE and the Berrien County Drain Commissioner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Manufactured home parks shall not be located in a designated floodway
as determined by the EGLE according to Mich Admin Code R 125.1602(4)
of the Manufactured Housing Commission; shall be located outside of
a designated floodplain.
F.
The regulations established by state law (Michigan Public Act 96
of 1987, MCLA § 125.2301, as amended) and the Manufactured
Housing Commission Rules govern all manufactured home parks.
In all areas zoned Manufactured Housing Community District,
no building shall be erected, used, or structurally altered, nor shall
the land or premises be used in whole or in part, except for one or
more of the following principal permitted uses:
A.
Manufactured home parks and subdivisions.
B.
Adult-care and child-care facilities that provide care for up to
six individuals.
C.
Essential services, provided there is no building or outdoor storage
yard.
D.
Wireless
communication antenna, fixed wireless signals.
[Added 9-16-2021 by Ord. No. 123-2021]
E.
Wireless
communications antenna when attached to a lawful existing telecommunications
tower, water tower, or other structure, subject to overall height
restrictions.
[Added 9-16-2021 by Ord. No. 123-2021]
Accessory buildings, uses and activities customarily incidental
to any of the above-named permitted uses, subject to the provisions
of this chapter.
A.
Preliminary plan review. Pursuant to Section 11 of Michigan Public
Act 96 of 1987, MCLA § 125.2311, as amended, a preliminary
plan shall be submitted to the Township for review by the Planning
Commission. The preliminary plan shall include the location, layout,
general design, and general description of the project. The preliminary
plan shall not include detailed construction plans.
(1)
In preparing the preliminary plan and when reviewing the plan, the
developer and Planning Commission shall follow the procedures and
requirements of this chapter, where applicable, except where said
procedures and requirements are superseded by requirements in Public
Act 96 of 1987, as amended, or the Manufactured Housing Commission
Rules.
(2)
Pursuant to Section 11 of Public Act 96 of 1987, as amended, the
Planning Commission shall take action on the preliminary plan within
60 days after the Township officially receives the plan.
B.
Minimum requirements. Manufactured housing parks shall be subject
to all the rules and requirements as established and regulated by
Michigan law, including, by the way of example, Act 96 of 1987, MCLA
§ 125.2301 et seq., as amended, and the Manufactured Housing
Commission Rules as amended.
C.
General authority. Manufactured home parks shall be constructed,
licensed, operated, and managed in accordance with the provisions
of the Manufactured Housing Commission Act, Act 96 of 1987, MCLA § 125.2301
et seq., and subsequently adopted rules and regulations governing
manufactured home parks. Application for permit to construct a manufactured
home park shall be submitted to the Michigan Department of Licensing
and Regulatory Affairs, Construction Codes Bureau, the agency charged
with licensing of manufactured home parks. Preparation of the application,
support data, and local agency review of the above-mentioned materials
shall conform to the requirements of Act 96.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Codes. All structures and utilities to be constructed, altered, or
repaired in a manufactured home park shall comply with all applicable
codes of the State of Michigan, the United States Department of Housing
and Urban Development and the Manufactured Housing Commission, including
building, electrical, plumbing, liquefied petroleum gases and similar
codes, and shall require permits issued therefore by the appropriate
offices. However, a manufactured home built prior to June 15, 1976,
shall have been constructed to the State of Michigan Standards in
effect at that time. All structures and improvements to be constructed
or made under the Building Code shall have a building permit issued
therefore by the Township Building Inspector.
E.
Site size. The manufactured home park shall be developed with sites
having a minimum size of 5,500 square feet per manufactured home unit.
This 5,500 square foot minimum for any one site may be reduced 20%
provided that the individual site shall be equal to at least 4,400
square feet. For each square foot of land gained through the reduction
of a site below 5,500 square feet, at least an equal amount of land
shall be dedicated as open space, but in no case shall the open space
and distance requirements be less than that required under R 125.1946,
Rule 946; R 125.1941 and R 125.1944, Rules 941 and 944 of
the Michigan Administrative Code.
F.
Dimensional requirements. Manufactured home sites shall be arranged
to allow for, and manufactured homes shall be located to comply with,
all of the following minimum separation distances, as measured from
the wall/support line or foundation line, whichever provides the greater
distance.
(1)
Twenty feet from any part of an adjacent manufactured home,
if sited perpendicular to an internal road; or 15 feet from an adjacent
manufactured home, if sited parallel to an internal road. Said standards
shall apply to and include an attached or detached structure that
may be used for living purposes for the entire year.
(2)
Ten feet from an attached or detached structure of an adjacent
home that may not be used for living purposes for the entire year.
(3)
Seven feet from any on-site parking space of an adjacent manufactured
home site.
(5)
One hundred feet from any baseball, softball, or similar recreational
field.
(6)
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:
(7)
Steps and their attachments shall not encroach more than 3 1/2
feet into parking areas.
(8)
Homes, permanent buildings and other structures shall not be
located closer than 20 feet from the property boundary line of the
community.
(9)
If homes, permanent buildings and other structures abut a public
right-of-way, they shall not be located closer than 50 feet from the
boundary line. If the boundary line runs through the center of the
public road, then the 50 feet shall be measured from the road right-of-way
line. This section does not apply to internal roads dedicated for
public use.
G.
Building height. Buildings in the Manufactured Housing Community
District shall not exceed 2 1/2 stories or 35 feet, except that
storage sheds shall not exceed 15 feet in height.
H.
Roads. Roads shall satisfy the minimum dimensional, design, and construction
requirements as set forth in the Manufactured Housing Commission Rules
except as follows:
(1)
Two-way streets shall have a minimum width of 21 feet where
no parallel parking is permitted, 31 feet where parallel parking is
permitted on one side only, and 41 feet where parallel parking is
permitted on both sides of the street. Roads not permitting parking
shall be clearly marked or signed.
(2)
One-way streets shall not be permitted.
(3)
The alignment and gradient of a road shall be adapted to the
topography and shall be graded for its full width to drain surface
water. Internal road gradient and drainage construction phase features
shall meet the requirements of the Manufactured Housing Commission
Rule R 125.1712 of the Michigan Administrative Code.
(4)
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.
(5)
The main entrance to the park shall have access to a public
thoroughfare or shall be connected to a paved public collector or
arterial road by a permanent easement which shall be recorded by the
developers. Sole access to the park via an alley is prohibited.
(6)
All roads shall be clearly marked with appropriate identification
and traffic control signs as provided by Mich Admin Code R 125.1703.
The name of any streets or roads shall be approved by the Berrien
County Road Department.
(7)
All roads shall be constructed to minimum standards as provided
in Mich Admin Code R 125.1922 through R 125.1924.
I.
Parking and storage.
(1)
All manufactured home sites shall be provided with two parking
spaces per Manufactured Housing Commission Rules 925 and 926 (Mich
Admin Code R 125.1925 and R 125.1926).
(2)
In addition, a minimum of one parking space for every three
manufactured home sites shall be provided for visitor parking located
convenient to the area served.
(3)
Off-street parking in accordance with Article XIX of this chapter shall be provided in conjunction with any community buildings, recreational facilities or office/maintenance buildings located within the manufactured home park.
(4)
No unlicensed or inoperable vehicle of any type shall be parked
in this district at any time except within a covered building.
(5)
Storage areas.
(a)
Personal property. A manufactured home site shall be kept free
of fire hazards, including combustible materials under the home. 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.
(b)
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. A detached
storage shed shall be at least 10 feet from all adjacent homes. All
storage sheds shall be securely anchored, in accordance with the Michigan
Residential Code.
(c)
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.
(d)
Recreational vehicle storage. 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 Mich Admin Code R 125.1922. The
storage area shall be limited to use by the residents and management
of the manufactured housing community.
J.
Sidewalks. Sidewalks having a minimum width of three feet shall be
provided on at least one side of collector roads in the manufactured
housing park. Such sidewalks shall conform to the requirements of
Act 8 of the Public Acts of 1973 (MCLA § 125.1361).
K.
Accessory buildings and facilities.
(1)
Accessory buildings and structures, including park management
offices and public works facilities, storage buildings, laundry facilities,
recreation or community facilities, and other accessory facilities,
shall be designed and operated for use by residents of the park only
and shall be shown on the submitted preliminary plan for approval.
(2)
Travel trailers or recreational vehicles shall not be occupied
as living quarters in all new and future manufactured housing developments.
(3)
Towing mechanisms, including tires, shall be removed from all
homes at the time of installation and stored so as not to be visible
from the exterior of the community. Towing mechanisms, including axles,
may, however, be stored under manufactured homes within a community.
L.
Open space. A manufactured housing community that contains 50 or
more sites constructed under a permit to construct shall have not
less than 2% of the community's gross acreage dedicated to designated
open space, but in no case less than 25,000 square feet. Required
property boundary setbacks may not be used in the calculation of open
space area. Optional improvements shall comply with state codes and
applicable laws and ordinances pertinent to construction, including
obtaining appropriate state or local permits for the facility or structure
being built. If provided, recreational or athletic areas shall comply
with the safety and setback standards of Mich Admin Code R 125.1705
and 125.1941(1), respectively.
M.
Landscaping and screening. Consistent with requirements for other
residential subdivisions and site condominiums, manufactured housing
communities shall be landscaped as follows:
(1)
If a manufactured housing community abuts an existing residential
development, the community shall be required to provide screening
along the boundary abutting the residential development.
(2)
If the community abuts a nonresidential development, it need
not provide screening.
(3)
In all cases, however, a community shall provide screening along
the boundary abutting a public right-of-way. The landscaping shall
consist of evergreen trees or shrubs at least three feet in height
at time of planting which are spaced so that they provide a continuous
screen at maturity. Alternative screening devices may be utilized
if they buffer the manufactured housing community as effectively as
the required landscaping described above.
(4)
Exposed ground surfaces in all parts of the community shall
be paved or covered with ornamental stone or protected with grass,
trees, or shrubs that are capable of preventing soil erosion. The
ground surface and all parts of the community shall be graded and
equipped to drain all surface water in a safe and efficient manner.
N.
Canopies. Canopies and awnings may be attached to any manufactured
dwelling unit and may be enclosed for use as a sunroom or recreation
room, but not as a bedroom. Canopies and awnings shall comply with
the setback and distance requirements set forth in this section but
shall not require a building permit unless fully enclosed or exceeding
10 feet by 10 feet in size.
O.
Waste receptacles. Each manufactured home site shall use approved
garbage/rubbish containers that meet the requirements of Part 5 of
the Michigan Environment, Great Lakes, and Energy Department Health
Standards, EGLE Rules R 325.3351 through R 325.3354. The
containers shall be kept in 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.
Q.
Storm drainage. All drainage outlet connections shall be subject
to review and approval by the Berrien County Drain Commissioner. Drainage
systems shall be reviewed and approved by the EGLE, in accordance
with EGLE Rules R 325.3341 to R 325.3349, pursuant to the
Act.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
R.
Underground wiring and utilities.
(1)
Electricity. Electrical systems shall be installed, maintained,
operated and serviced according to the standards established in Rules
R 125.1603(d), R 125.1603(e), R 125.1603(f); R 125.1708;
R 125.1710(2); R 125.1932; R 125.1933; and EGLE Rule
R 325.3373(2)(c).
(2)
Fuel and 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 R 125.1603(b), R 125.1710(1), R 125.1934
through R 125.1938, R 125.1940(3) and EGLE Rule R 325.3373(2)(d).
(3)
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 R 125.1940(2),
as applicable.
(4)
Television. Television service installation shall comply with
requirements of Rule R 125.1940(1).
(5)
Water and sewage service. All lots shall be provided with public
water and sanitary sewer service, or water and sanitary services that
shall be approved by the EGLE, pursuant to EGLE Rules R 325.3321
and R 325.3331 through R 325.3335. Water line connections
shall meet the specifications contained in Rule R 125.1603(a)
and EGLE Rule R 325.3373. Water system meters shall comply with
EGLE Rule R 325.3321 and Rule R 125.1940a.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
S.
School bus stops. School bus stops shall be located in an area that
is acceptable to the local school district and the manufactured housing
park developer.
T.
Mailbox clusters. The United States Postal Service may require that
manufactured housing parks be served by clusters of mailboxes serving
several sites rather than individual mailboxes serving individual
sites. If mail box clusters are required, they shall be located at
least 200 feet from any intersection of a manufactured housing park
road with a public road.
U.
Manufactured housing unit 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 a licensed retailer or broker,
provided that the manufactured housing community management permits
the sale, as established in Section 28a of the Act (MCLA § 125.2328a),
and Rules R 125.2001a, R 125.2005, R 125.2006 and R 125.2009(e).
V.
Operational requirements.
(1)
Permits. A manufactured housing park shall not be operated until
a license has been issued by the Michigan Bureau of Construction Codes.
The Township Building Inspector shall communicate his/her recommendations
regarding the issuance of such licenses to the Director of the Manufactured
Housing Division, Bureau of Construction Codes, Michigan Department
of Licensing and Regulatory Affairs. No individual manufactured housing
site shall be occupied until the required improvements including utilities
and access roads which serve the site are in place and functioning.
Buildings constructed on site, such as a management office or clubhouse,
shall require a building permit prior to construction and a certificate
of occupancy prior to use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Violations. Township inspections of manufactured housing communities
shall comply with Section 17(2) of the Mobile Home Commission Act,
MCLA § 125.2317(2). The Township shall present any evidence
of an alleged violation of this Act or standards promulgated under
this Act to the Michigan Bureau of Construction Codes, which may refer
the available evidence concerning violations of the Act to the Attorney
General or the proper prosecuting attorney who, with or without a
reference, may take appropriate action, as further provided in Sections
17 and 36 of the Act, MCLA §§ 125.1317 and 125.2336.
