HomeMy WebLinkAboutOrdinance 94.20 Repealing portions of the land development code relating to manufactured homes
ORDINANCE NO. 94.20
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, PROVIDING FOR THE REPEAL
OF THE EXISTING TITLE 17 OF THE LAND DEVELOPMENT CODE, ENTITLED
"MANUFACTURED HOME, MOBILE HOME AND RECREATIONAL VEmCLE
REGULATIONS" AND RENAMING TITLE 17 "LANDSCAPING REQUIREMENTS".
WHEREAS, the Town Council ofthe Town of Maran a did on July 7, 1987, adopt Title 17
of the Development Code, titled "Manufactured Home, Mobile Home and Recreational Vehicle
Regulations", amending said Title on September 19, 1988; and
WHEREAS, the Town Council has adopted amendments to the Land Development Code
which have made substantial modifications to said Title, thus making the existing Title 17 no longer
necessary;
NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Maran a
that Title 17 of the Marana Development Code, as adopted on July 7, 1987, and as amended on
September 19, 1988, and attached hereto as Exhibit A and incorporated herein by this reference, be
rescinded in its entirety.
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BE IT FURTHER ORDAINED by the Mayor and Council of the Town of Maran a that Title
17 of the Land Development Code by renamed "LANDSCAPING REQUIREMENTS (reserved)".
PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this
6th day of December, 1994.
MaYoro~7'~
~
()~~
Daniel 1. Hochu 1
Town Attorney
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Ordinance No. 94.20
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EXHmIT A
to Ordinance 94.20
Title 17
.1I~liltlIIBmlltBmllfltl
[l1.1S)
MANUP;\CTURED HOME, MOBILE HOME f1ND RECRE.A1TIONAL VEHICLE
REGULATIONS
Table of Contcnts
17 100 Dcfiflitions
17 200 Gcncral Requircmcnts
17 300 Propcrty DC'lclopmCflt StaRdards
17 301 Mobile Home Subdivision
17 302 Mobilc Homc Park
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Page
2
3
4
4
4
17 303 Recreational Vehicle Subdi',ision 5
17 304 Recreational Vchicle Park 5
17 400 Installations in Non Mobilc Homc and Non Recfca-tioAal Vehicle
Subdivisions and Parks {)
17 401 Installations Procedure {)
a)
Notification
b)
Prot-cst
e)
Response to Protest
d)
DecisioA by Planning Commission
e)
.A1ppeal
TITLE 17
17 100
DEFINITIONS:
{)
7
7
7
8
1) Manufactured Homc: A single family dwelling which: IS partially or eAtirely
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manufactured in a factory'; is installed on 8:fl cftgincered permancnt foondatioft; has brick; wood,
or cosmetic equivalrnt exterior siding and a pitehed roof; 8:fld is certified pursHant to the
"National Manufactured Hoosing Construetioft and Safety Standa:r<ls i\.Ct of 1974", 42 U.S.C.
5401 et set}., as amrnded.
2) :Manufaetured Home Subdiyisioft: .1,.. subdivision desigfted and intrnded for sale of lots
f{)f residential oecupaftcy ift manufactured hOHsing.
3) Mobile Home: A dVlclling unit factory built and factory assembled, desigfled for
conveyance, after fabrication, on streets and highways Oft its OWft ..,heels or Oft flatbed or other
trailers, and Bffiving at the site \'Iheri:.) it is to be occupied as a dwelling Hftit col'l'lplcte and ready
for occupancy, except for minor and incidental uftpacking and assembly operations sucli as
locating Oft jacks or other foundation, or connection to utilities and is certified pursuant to the
"National Manufactured Housing Constructiofl and Safety Standar-ds f..ct of 1974", 42 U.S.C.
5401 et seq., as ameflded.
4) Mobile Home Park: I'.. par-cel of laftd ....4licli four or morc mobile homes are occupied
as residences, regardless of whether or flOt a charge is made for such accommodations.
5) Mobile Homc Space: f.. plot of groufld "/ithin a mobile home park designed for the
accommodation of one (1) mobile home together with its accessory structures.
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6) Mobile Home Subdi'vision: ,I>.. sl:lbdi',ision designed 8:fld intended f'Or sale of lots for
residential OCCUP8:flcy ift mobile home.
7) Mobile Unit: f..R other Mobile and/or Manufactured Structures not otherwise defined by
#1) or #3) above.
8) Recreational V chicle: A movable or portable dwelling uftit forty fi'.'e (45) fect or less
in length and eight and one half (81,4) feet or less in width, built on a chassis, with eowlerted
electrical pcY"lCf, with self contained sanitarj 8:fld driiking water systems, designed primarily for
temporary living quarters for recreatioftal or tra'vcl use, which either has its o.:ln motive power
or is mounted on or drawfl by 8:flother vehiele.
9) Recreational Vehicle Park: ^ par-ccl of land on '.vrneh threc or more r'0Cfcational ycliic1es
Me occupied as temporary residences.
10) Recreational Vehicle Subdivision: f.. subdiyisioR designed and intended f-or sale of lots
for recr-cational vehicles.
11 ) Yard Side. Front 8:fld Rear: The shortest distance bct\vccn the nearest pr'Operty line 8:fld
a 'Iertical plane containing the outside edge of a mof line of a roofed building or the outside
surface of the foundation, wall, or main frame of any other structure.
17 200
CENERAL REQ~fENTS
Section l' 291 Prior to a mobile home being installed or located within the TOV/fl of Ma:r8:fla,
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all persons ~en~g to insta:ll or leeate the mobile home must make Wi application for a mobile
heme ,~nmt. ~nor to a mob~ home being installed or located '.'Juhia the Towa of Marana an
appro. ed mobile home permtt must have been issued fer the mobile home.
Seetion 1720-2 .,..11 mobile homes and mobile \:ll~its must comply v..ith the "National
Man\:lfachlfed IIoo3H1g ConstructiOfl afld Safety Standards .'\et ef 1974" 42 U S C 5401
as amended. ' . .. et seq.,
Se~tion 17 2~~ .'\11 persons .found to not bc in compliance with this permit pmccss will be
~cct to ~ eI ;11 penal~ of .twlce the no~~al permit fces, in adclition to any criminal penalties
.. hIeR ma) attach for YlOlatIng any pr'O'/IslOns of the To,;;n Developmcnt Code.
Section 17 294 ..\l1 mobile home subdivisions and parks and recreational vehicle sabdivisions
and parks and and manufactured homc subdiyisions shall:
1)
2)
3)
Section 17 295
~
,
Follow thc samc procedures and r-cqlliremcnts as olltlincd in Title 6 and Title 7
of thc Town of Marana dcyclopment code.
Be s~ree~ed fmm any adjacent property or street -.vith a masonry wall or
co~bmatlOR v.:ood and masoRry '.van of at least six (6) feet in height.
lIa: c an ~xtcnor ya:d of at lea~t tv.enty (20) feet in depth proyided alORg the
~~:. pcnmeter frontIng the public road. SHOO exterior yard may be included in
mdI. Idu~ lots and. liSed to meet yard or area reqliiremcnts for dwelling llnits
therron, I~ approp~~t~y located and impr<>ved. No off street parking facilities
or r~cr-catlOnal faCIlItIes for common use shall bc located in any slieh required
extcnor yard.
All mobile home and recreational '/Chicle parks, in addition to scetioR 17 204,
1)
Ha~~ all u~ility lines p~aced uaderground within tHe park. Each lot shall be
pr<>.lded WI~ ..vater, ~tary ~ewer, ~cctric lines, telepHone lines, and gas lines
as. needed, In c~mphanee wIth. appheable Town and/or county codes. Fire
hy~~ants shall b~ In~ta1lcd as !cqtllrro by thc Planning and Zoning Administrator.
Ha. e ~treet l1ght1~g prOVIded alORg the private streets for tHe safety of
pedestnans, as rcqUIred by thc Planning and Zoning ,A..dmiflistrat<>r.
~:: refuse col.l~tion areas md ~ppr'O';cd c?ilcetion devises sereeRed from public
. Ie,:" as ~p?f{). ed by the Plan~lflg CommIssion prior to fiflal approval.
Ha.e a mInImUm of two (2) 'Iclucular entrances provided for each park. One (1)
entrance may be kept closed to the general public if provision is made for
emergency access.
Have a storage area pro'lided at tHe miflimum ration of fifty (50) squar-e fcet of
land for each space.
Have all ~uttin~ publi~ streets and alleys and all interior easements for litilities
and .p~bhc servIce -1~ehIcles dedicated where required on the fiflal plan and all
pubhc I~{),lCm~t~ Installed in accordmee with plans approyed by the Planning
and Zomng AdmlflIstrator.
2)
3)
4)
5)
6)
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17 300
PROPERTY DEVELOPl\fENT ST~ALL"IDARDS
SectioB 17 301 l\fobik Home SubdiyisioB
1. The minimum area for a subdivision shall be five (5) acres.
2. Miniml:lm lot size shall be six thousand (6,000) sql:lare feet.
3. Minimum front yard shall be fiftccfl (15) feet.
4. Minimum side yard shall be ten (10) feet on interior lot and ten (10) feet on
exterior lot lines.
5. Minimum l'Cftf yard shall be ten (10) feet.
6. The maximum height of any habitable structui"e shall not exceed twenty (20) feet.
All other structures shall not exeeed fifteen (15) feet in height.
7. All structures that are located on non mobile home spaces, shall not exceed two
(2) stories nor exceed thirty five (35) feet in height from grade to the highest
point on the roof.
8. T\vo (2) off street parking spaces shall be prm'ided on each lot with a minimum
size of nine feet b)' twenty feet (9' x 20') each. No parking space shall be
located closer than eight (8) feet from any public street or four (4) feet from side
of lot line.
Section 17 302 :Mobile Home Park
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2.
3.
4.
5.
6.
7.
The minimum area for a park shall be five (5) acres.
Minimum lot size shall be fi"e thousand (5,000) square feet.
Minimum front yard shall be fifteeR (15) feet.
Minimum side yard shall be ten (10) fro on intcrior lot ftRd teR (10) fro OR
exterior lot lines.
Minimum rear yard shall be ten (10) feet.
The maximum height of any habitual struetl:lre shall not exceed twenty (20) feet.
All other structures shall not exceed fiftccfl (15) feet in height.
;\11 structures that are located on non mobile home spaces, shall not exceed two
(2) stores nor exceed thirty the (35) feet in height from grade to tHe higHest point
on the roof.
8. Two (2) off street parking spaces shall be provided on each lot with a miniml:lm
size of niRe feet by twenty feet (9' x 20') caeh. No parldng space shall be
located closer than eight (8) feet from any public street or four (4) feet from side
of lot line.
SectioR 17 203 Recreational V chicle Subdivision:
1. The minimum area for a subdivision shall be five (5) acres.
2. Minimum lot size shall be f{)l:lr thousand (4,000) square feet.
3. Minimum front yar-d shall be fifteen (15) feet.
4. Minimum side yard shall be ten (10) feet on interior lot and ten (10) feet on
exterior lot lines.
5. Minimum rau yard shall be ten (10) feet.
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6. The maximum height of ftfly habitable struemre shall 80t exceed tv..enty (20) feet.
1'..11 of the structures shall Hot exceed fiftOOH (15) feet iH height.
7. All structures that are located on flOfl recreational ychicle spaces, shall 80t exceed
two (2) stories HOf exceed thirty five (35) feet i8 height from grad to the highest
point OR the roof.
8. Two (2) off street parldHg spaces shall be provided 08 each lot v.-ith a miHimum
size of Rine feet by t...lenty feet (9' x 20') each. No parking space shall be
located closer thftfl eight (8) feet from any public street or f-our (4) feet from side
lot line.
Scetion 17 304 Recreational Vehicle Park:
1.
2.
3.
4.
5.
6.
7.
~---- 8.
17400
Scetion 17 401
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3)
4.
The minimum area for a park shall be five (5) acres.
Minimum lot size shall be two thousand (2,000) sql:lare feet.
MiRimum front yar-d shall be fiftccfl (15) f-eet.
Miflimum side yard shall be lo8 (10) feet Ofl ifltcrior lot tmd lofl (10) f-cet on
exterior lot lines.
Minimum rear yard shall be teR (10) feet.
The maximum height of any habitable structure shall flOt exceed twenty (20) feet.
1..11 other structures shall not exceed fiftccR (15) feet ifl height.
1'..11 structures that arc located on n08 reereatiofl vehicle spaces, shall not exceed
two (20 stores not exceed thirty five (35) f-eet iH height from grade to the highest
point Ofl the rQof.
Two (2) off str-eet parking spaces shall be pro,..ided OR each lot with a mi8imum
size of flifle feet by twenty feet (9' x 20') each. No parki8g space shall be
located closer thaR eight (8) feet from any public stroot or four (4) foot from side
lot line.
INSTALL'"TIONS IN NON ~fOBILE HO~fE ;\.ND NON RECRE.A...TION
VEHICLE SUBDIVISIONS A.l\ffi PARKS
NOTIVITHSTA.~C SECTIONS 17301, 11302, 17303 and 17304
ABOVE:
1)
I..s it rclates to this Title (17), this seetion (17400) supersedes seetiofl 05.04.01
of Title 5 of this Code and applies to any replacemeflt of a mobile home or
mobile unit which may have boon allowed by seeti08 05.04.01 of Title 5 of this
~
One mobile home may be iflsta11ed per single entity eommerdal or ifldustrial
parcel or lot, providing rcle'fant setbacks are follo'Ned tmd a miflimum of twe8ty
(20) f-eet is k-ept between the mobile home and MY other buildiflg structure. /..11
ne'N installations '.',ill comply ';;ith this SOOtiOR. '.Vllen HOt possible to follow this
seetiofl due to physieal limitati08s a variance may be applied for through the
Planniflg Commission.
No mobile home or reereational 'lcfticlcs ma)' be installed or located ifl desig8ated
or designed multi business centers or devc1opmeHts.
/'.. reereational vehicle may be placed, for temporary living facilities, while nOfl
2)
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rccreatioflal housing is being de,..eloped. lR no case will the recreational vehicle
be HSed for longer than 1 &0 days.
5. A recreational vehiele may not be eorlflccted to any saflitary facility, gas utility,
or external gas soorce.
6. Except as allO\ved abO"..c a rccreatiooal vchicle may not be used for sleeping
facilities for longer than sixty (60) days.
7. A recreational vehiele(s) placed OR lots or p8:1'-ecls other than those described iR
sections 17303 and 17304, ffitlst be included in the r-equir-ed sctbacks as oHtlined
in seetion 05.02.01
8. Other than as specified in this title and in appr-oved storage 8:1'eas, recreational
'"chicles may not be installed or loeated ,;..ithiR the Town of M8:1'ana.
9. .".. mobile home or manufactur-ed home may be installed oftly by following the
procedure below:
a) Notification of Intended mobile home or manufactured home installation:
Notwithstanding the ZORe in which a partieul8:1' lot or pareel of land is
IDeated under the provisions of this ordinance or any amendment thereto,
any landowner or lessee '.'1i3hing to install or locate a mobile or
manufactured home shall notify in writing, either by registered mail with
return receipt requested or by hand delivery with written ackno.....ledgment
of date of reccipt, al of those persons having a real property interest
located within one fourth mile and immediately adjacent to the lot or
parecl in questiofl of said intent. For purposes of this ordinance, persons
haviRg a real pmperty interest shall be defined to inelude only owners of
rccord, lessees t:tnder a lease recorded with the Pima County Recorder,
grantees under a l'CCOfded ~ment, and vendees of a recorded real estate
sales contract.
b) Prot-cst: If RO more than 25 % of owners of a real property inter-cst in
public or pri'..ate pr-opcrty loeatcd with in one fourth mile and immediately
adjacent to the lot or p8:1'-cel for which an installation or loeatiofl of a
mobile or manufactured home has been proposed protest the proposed
installation or location in '.\'Titing to the Town Clerk within thirty (30)
days of their receipt of notificatiofl of said installation or loeation then the
land owner or lessee proposiRg the iRstallation or location may proeeed
with the intended installation or location v/ithout further approYal from the
Town, except as may be required uRder other sections of this Code or by
the ordinances of the Towfl of Marana or by regulatioRs of the Pima
CouRty Health Department of the State of l\rizona.
c) Response to Protest:
If 25 % or more of the owners of any immediately adjaceflt real property
or owners located within one fourth mile do protest the proposed
installation or locatiofl of a mobilc or manufactured home, thcfl thc land
owner or lessee proposing the installation or location shall have an
additional thirty (3) days iR which to preseRt rebuttal to the said protests
before the Planning Commission at a public hearing that shall be
scheduled no sooner than ten (10) days and not lat-cr than thirty (30) days
after the expiration of the initial prot.est period. :Notice of the time and
place of the hearing, including a general descriptioR of the matter to be
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d)
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e)
considered as well as the aCRfby area affected, shall be gi'/en at least
fifteen (15) days prior to the hearing by publishing the notice of hearing
at least OBce ifl a aewspaper of general circulation publish or cireulated
within the TO....Jn of Marana, or if there is none, by posting the aotiee of
hearing OR the parcel of land for which the intcndetl iastallation or
location has been proposed in such a manner as to be 'Ii sible from the
pub lie right of way and iR at least five (5) poolie places iR the Town.
Any posted notice on the parcel iR questioR ml:lst be printed so that the
\vords, "IRtcnded IRStallatioR ar LoeatioR of a Mobile or Mtlflufactured
Home", and the date and time of the hearing are legible from the public
right of v.lay.
Decision by the Planning Commission:
Toe Planning CommissioR shall thCR have an additioftal thirty (30) days
after the date of the public hearing in which to weigh the merits of the
proposed mobile or manufaeturro home installation or location and cither
approve the pr<>posal or deny such approval, or grant approval based OR
any reasonable adjustment or compromise that is acceptable to both the
party requesting the iflstallatiofl or locatiofl and the majority of the
Planning Commission. The decision of the Planfling Commission shall be
arrived at in opctl meeting and shall be explicit as to the reason(s) for the
appmval or deRial. Wher'C 25 % or more of the adjacent real pr{)perty
owners or owners located withiR ofte f{)urth mile have protested tae
proposed installation or location, approval of toe proposal must be made
by a three fourths yote of the PlanRing CommissioR.
Appeal from the Decision of the Planning Commissiofl:
Either the party requesting aR iflsta1latioR or location of a mobile or
manufactured home or any initial rccorded pmtestcr of that iRstallatioR or
location may appeal the decisioA of the PlanniRg Commissioft to the Tov;fl
Council. Such appeal must be made iR writing to the TOWR ClerIc within
five (5) workiflg days of the render of the decision by the Planfling
Commissiofl. When such a notice of appeal has been submitted tot he
TO'.vn Clerk, it ....,ill be brought before the TOVln Council at the Council's
next regular meeting as a regular agenda item, classified as NeVI BusiRess.
Thc Town Council may thcn confirm or modify or re'lerse the decision of
the Planning Commission shall cont:ai:n the explicit reasons therefor. If the
Town Council takes RO action OR the matter, the dccisioR of the Pltlflning
Commission shall stand.
Added Language: Iltll~
Deleted Language: StrickeR out
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