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Home My WebLink About2016-02 IIIIINIONEMAgi111111 FEE# 201a39 OFFICIAL RECORDS OF MOHAVE COUNTY ROBERT BALLARD,COUNTY RECORDER • • 03/15/2016 11:49 AM Fee: $0.00 PAGE: 1 of 6 MOHAVE COUNTY ORDINANCE NO. 2016-02 AN ORDINANCE AMENDING SECTIONS 37.F,37.G,AND 37.11 OF THE MOHAVE COUNTY ZONING ORDINANCE TO ALLOW MANUFACTURED HOMES MANUFACTURED AFTER JUNE 15, 1976 AND DISPLAYING A HUD LABEL OR VERIFIABLE DATA PLATE. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on March 7, 2016, a public hearing was conducted to determine whether approval should be granted to amend the Mohave County Zoning Ordinance to manufactured homes manufactured after June 15, 1976 and displaying a HUD label or data plate as requested by Mohave County, and WHEREAS, at their meeting on September 9, 2015,the Planning and Zoning Commission voted to recommend an amended Zoning Ordinance to the Board of Supervisors. The amended ordinance had been developed by a subcommittee of the Commission. The ordinance included an age limit for manufactured homes to be placed on any property within the unincorporated area of Mohave County; units could be no older than seven(7) years at the time a building permit was applied for, and WHEREAS, the Board of Supervisors adopted the amended ordinance on November 2, 2015. After hearing concerns from the manufactured home industry and the general public, the Board referred th•': issue of the age of manufactured homes back to the Commission for their consideration and recommendation. The Board also delayed enforcement of the age provisions until after they heard back from the Commission, and WHEREAS,during the Board meeting and a meeting with the manufactured home industry held on November 16, 2015, the consensus was to return to the June 15, 1976 date. At a meeting with the Department, also held on November 16, 2015, the manufactured home industry and owners of manufactured homes or mobile homes expressed concern that the change in the ordinance would have a detrimental effect on affordable housing and the manufactured home industry. WI'„+:REAS, to address the differing proposals suggested, the Department developed four alternatives for consideration: • Amend the dal_ for manufactured homes being set in Mohave County to those manufactured after June 15, 1976 and require a"HUD” label or a verifiable data plate. • Amend the date for manufactured homes being set in Mohave County to those manufactured after June 15, 1976 and require a"HUD" label or verifiable data plate. For units being placed in the Urban Development Area, as defrnd by the Mohave County ORDINANCE NO. 2016-02 PAGE 2 General Plan, require design features such as certain roof styles, certain roofing materials, certain siding materials, and skirting of certain materials. • Amend the date for manufactured homes being set in Mohave County to those manufactured after June 15, 1976 and require a"HUD" label or verifiable data plate. For units being placed in the Urban Development Area, as defined by the Mohave County General Plan, require that the unit be compatible with the surrounding units/area as determined by the Board of Adjustment for each supervisorial district • No changes to the Zoning Ordinance adopted November 2, 2015. This alternative would leave the age of a manufactured unit that could be placed in Mohave County at no more than seven (7) years, as currently appears in the Zoning Ordinance. WHEREAS,the following described Findings of Fact are for the above-captioned item: a. All notices have been advertised and posted according to regulations. b. The proposed action and effect comply with the Mohave County General Plan. c. At their meeting on November 16, 2015, the Board referred this item to the Commission for their consideration and recommendation. d. Alternatives involving the Board of Adjustments and/or subjective criteria need to be reviewed by the County Attorney's Office. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on February 10, 2016, the Commission recommended APPROVAL for the following Zoning Ordinance Amendment (struck items are to be deleted and bolded and double underlined items are to be added): Section 37.F MANUFACTURED HOME PARKS—GENERAL PROVISIONS F. Manufactured Home Parks 1. General Standards. a. Purpose and applicability. The purpose of this section is to provide for manufactured home parks. For placement of a manufactured home in a manufactured home subdivision or on a parcel that is not a part of an established manufactured home park, see Section 37.H (Manufactured Home Requirements). b. Manufactured home parks are allowed in C-RE (Commercial Recreation) and R- MH (Single-Family Residential Manufactured Home) zones. c. Manufactured home parks may be allowed if approved by a Special Use Permit in A (General). A-R (Agricultural-Residential), C-2H (Highway Commercial), and R-M (Multiple Family Residential) zones. d. A recreational vehicle park may be permitted as an accessory use to a manufactured ORDINANCE NO. 2016-02 PAGE 3 home park after obtaining a Special Use Permit. Accessory recreational vehicle parks shall comply with the standards of Section 37.G of this Ordinance. e. All manufactured homes permitted, and sited/placed within manufactured home parks shall have been manufactured not more than seven (7) years prior to . -•••• _ . . . •• - after June 15, 1976 and have an affixed "HUD" label, as per 24 CFR 3280.11, or a verifiable data plate as per 24 CFR 3280.5,certifying that the unit was manufactured in conformance with the Federal Manufactured Home Construction and Safety Standards in effect on the date of manufacture. The one (1) exception to this requirement would be when the owner of a mobile home that was manufactured prior to June 15, 1976 . - . . . . - - manufactured more than seven (7) years prior would be forced to relocate the mobile or manufactured home into another mobile or manufactured home park because of the closing of an existing mobile or manufactured home park or the expulsion from a mobile home park in the state of Arizona, that mobile of manufactured home may be relocated to a manufactured home park if the park owner allows the mobile home. f. A dependent park model home may be sited or placed within a manufactured home park in the same manner as a manufactured home. An independent park model home may not be sited or placed within a manufactured home park except in an accessory recreational vehicle park associated with the manufactured home park. g. County Permits. A county building permit shall be required for manufactured homes,the utility connections on lease spaces and all the park support facilities and permanent structures in the manufactured home park. h. All manufactured homes permitted on or after April 7, 2016, shall have state- approved skirting within ninety (90) days of installation. i. h Each parcel of land used for a manufactured home park shall have a minimum of three acres. j. i In noncommercial zones, concessionary or incidental commercial operations are allowed in manufactured home parks if such services are operated for the sole convenience of park guests only. In commercial zones, commercial operations allowed by the zone may serve the general public. All remaining Subsections in St--:;uon 37.F are unchanged. ORDINANCE NO. 2016-02 PAGE 4 Section 37.G RV PARKS GENERAL PROVISIONS 2. Development Standards. a. General Standards. 1) An RV park shall contain a minimum of two (2) acres. Parks less than two (2)acres in size may be allowed with an approved Special Use Permit when proposed in conjunction with a manufactured home park, truck stop, campground or similar uses as determined by the Director. 2) All RV Park spaces and all accessory uses producing wastewater shall be connected to a county approved wastewater (sewer or septic) system. 3) Building permits shall be required for all park accessory structures and the utility connections on all spaces and park support facility structures as required by the adopted building code. 4) Accessory structures, including awnings, patios, carports, sheds or similar structures may be allowed on individual spaces with a building permit. 5) Accessory structures on individual spaces shall be located to the rear or side of the RV pad, and comply with all setbacks for the space. 6) Habitable accessory structure(s) shall not be allowed on an RV space. 7) One (1) manager's residence may be located within the park. The manager's residence shall be of modular, manufactured home (compliant with Sections 37.H.1 through 37.H.4), or site-built construction. 8) Open lot storage is prohibited. The park owner/manager shall be responsible for enforcement of this prohibition. 9) The park shall meet all applicable state and federal agency requirements. 10) The park shall meet all applicable sections of the Americans with Disabilities Act(A.D.A.). All remaining subsection of Section 37.G are unchanged. ORDINANCE NO. 2016-02 PAGE 5 Section 37.H MANUFACTURED HOME REQUIREMENTS H. Manufactured Home Requirements 1. Manufactured homes sites/placed in Mohave County shall comply with the following: a. The manufactured dwelling unit built shall have been built after June 15, 1976 and be built to standards established by the U.S. Department of Housing and Urban Development(HUD)and have an affixed "HUD" label, as per 24 CFR 3280.11, or a verifiable data plate as per 24 CFR 3280.5, certifying that the unit was manufactured in conformance with the Federal Manufactured Home Construction and Safety Standards in effect on the date of manufacture. b. its must be manufactured no more than seven (7) years before the permit is fid. 2. A building permit is required for all manufactured home installations. Building permit applications for manufactured homes shall include the insignia number issued by the applicable state of Arizona agency, and the license number of the manufactured home installer,and the"HUD" number from the"HUD" label or data plate,and shall not be issued unless the applicant furnishes the insignia number, the "HUD" number, and the installer's license number. All manufactured homes shall have state-approved skirting within ninety (90) days of installation. 43. Non-Conforming Units a. Effective January 3, 1991,all manufactured homes sited/placed within the Board of Supervisors approved Urban/Building Overlay Zones shall have been manufactured after June 15, 1976, and have an affixed "HUD" label, as per 24 CFR 3280.11, or a verifiable data plate as per 24 CFR 3280.5,certifying that the unit was manufactured in conformance with the Federal Manufactured Home Construction and Safety Standards in effect on the date of manufacture. All mobile homes sited/placed-prior January 3, 1991 are considered to be non-conforming. b. Effective April 1, 2005, all mobile homes manufactured prior to June 15, 1976 are not to be placed in Mohave County. All mobile homes sited/placed prior to April 1, 2005, are considered to be non-conforming. c. Manufactured homes that were permitted • -• . • - •• - • • • . • - •• seven (7) years prior to April 7, 2016, - - - • - - • - -• - are . .- - - are not required to comply with the skirting requirements. .5.4 Outside storage of materials shall comply with the provisions in Section 37.0. ORDINANCE NO. 2016-02 PAGE 6 WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on February 21, 2016, and was posted on February 19, 2016, as required b' Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT ORDAINED that the Board of Supervisors, at their regular meeting on Monday, March 7, 2016, APPROVED the Amendment to the Zoning Ordinance as recommended by the Mohave County Planning and Zoning Commission and outlined herein. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF MARCH, 2016 MOHAVE COUNTY BOARD OF SUPERVISORS I Jean B..hop, Chairman Ginny Ander ill n, Clerk \��``\Q SRV SO PIMIIho ae /., m .Bly .. Af. C7= jTai- ig#, •.L O 1 * 01 TAT D U Sa` 11411111 111lllll0