ZONING ORDINANCE

Sec. 5.01. Mobile Home parks shall be located in Mobile Home (MH) Zoning Districts as defined by the Berrien Township Zoning Ordinance.

(Ord. No.6, Eff. May 1, 1981)

Sec. 5.02

5.02A Every mobile home park in Berrien Township shall be licensed in accordance with State of Michigan Act 243, 1959, as amended, and Act 419, 1976, as amended.

5.02B Every park shall provide at least 5,000 square feet of land area for each mobile home. At least 20 feet shall be maintained between mobile homes.

5.02C The Township Zoning Administrator shall require the cooperation of the Mobile Home park owner or operator in establishing and continually maintaining a green belt of 10 feet width along both sides and the rear of the park, and consisting of an adequate planting of pine, spruce, juniper or other evergreen plants to afford an all-season screen when mature.

5.02D Plans for the park must be approved by the Township Zoning Adminis­trator who shall enforce the aforesaid Michigan State Regulations and shall re-inspect the site for deficiencies at each renewal of license.

5.02E No mobile home shall be admitted to any park unless it can be demonstrated that it meets the requirements of the building code in effect within Berrien Township.

5.02F Each mobile home site shall be provided with a stand consisting of a four (4) inch poured concrete apron, with footings a minimum of twelve (12) inches deep and four (4) inches wide, said apron to be at least as wide and long as the trailer located thereon.

5.02G Each mobile home shall be supported on a uniform masonry block or metallic device and the occupants of the mobile home shall not be allowed to use the area beneath the mobile home for storage.

5.02H A hard surfaced outdoor patio area of not less than one hundred eighty (180) square feet shall be provided at such mobile home sites, conveniently located to the entrance of the mobile home and appropriately related to open areas of the lot and other facilities, for the purpose of providing suitable outdoor living space.

 

5.02I All electric lines from supply poles to the mobile home sites shall be underground. Separate meters shall be installed and each meter shall be uniformly located.

All fuel oil or gas lines shall be located underground at each mobile home site or the Mobile Home Park owners shall provide a central tank location or locations for fuel oil and gas from which fuel oil and gas shall be furnished underground to each mobile home site.

5.02J At least one acre per mobile home park or minimum of one acre per 100 sites (or fraction thereof), whichever is greater, shall be developed and main­tained for recreation space, the location and specifications of which shall be approved in advance by the Berrien Township Planning Commission.

5.02K All public driveways, motor vehicle parking spaces and walkways within the park shall be hard surfaced and adequately lighted for safety and ease of movement. In addition, all public driveways shall have curbs and suitable drainage facilities.

5.02L There shall be provided at least two automobile parking spaces for each mobile home site.

5.02M All streets and appurtenant structures, not covered by more stringent standards in this ordinance, shall comply with the standards required by the Federal Housing Administration, as set forth in the Administration's minimum property standards for mobile home parks, as amended from time to time.

5.02N Public walks shall be provided on the street side of each mobile home site. All public walks, such as those from mobile homes to service buildings and along streets and drives, shall be at least four (4) feet in width; Walks used in common by more than one (1) site, such as walks connecting the sites to a common area or primary walk, shall be at least thirty (30) inches in width.

5.020 The park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools.

(Ord. No.6, Eff. May 1, 1981)

Sec. 5.03.

5.03A The petition for rezoning to Mobile Home Zoning District as defined by the Berrien Township Zoning Ordinance shall include a site plan to be approved by the Planning Commission and the Township Board.

5.02B Obtain a health permit from the Michigan State Health Department.

5.03C Obtain the necessary Certificate of Zoning Compliance from the Zoning Administrator.

5.03D Obtain a construction permit from the Michigan Mobile Home Commis­sion in the manner prescribed by the Mobile Home Park Act, being Act 419 of 1976, as amended.

5.03E Mobile Homes shall be required to be completely enclosed from the foundation to the bottom of the exterior walls with a suitable metal, laminated plastic, or comparable material skirting fastened at both top and bottom so as to exclude the entrance of rodents and other pests to the area under said mobile home.

(Ord. No.6, Eff. May 1, 1981)

Sec. 5.04. To maintain, conduct or operate a trailer park, a person shall:

(1) Obtain an annual license from the Michigan Department of State Health Commerce in the manner prescribed by the Mobile Home Park Act, being Act 419 of 1976, as amended.

(2) Obtain from the Township Zoning Administrator certificate of occupancy and compliance.

(Ord. No.6, Eff. May 1, 1981)

300.075           Non-conforming mobile homes in BerrienTownship mobile home parks.

Sec. 5.05.

5.05A Non-conforming mobile home parks are those parks which do not conform with the requirements of this ordinance on the effective date hereof and which are in operation on the effective date of this ordinance of which on or before said date have submitted to and have had approved by the Township Board or Michigan Department of Commerce plans for the expansion or construction of additional or new mobile home park facilities on lands owned by the mobile home park management as of the date of the submission of said plans. A nonconforming mobile home park as defined above, however, may continue to operate in accordance with its existing condition on effective date of the Ordinance. Except as herein provided, however, a nonconforming mobile home park may not be enlarged or expanded beyond its existing operation unless the enlargement or expanded portion of the park is constructed and operated in conformity with the requirements of this ordinance.

5.05B Special building requirements. Mobile Homes located pursuant to this section shall be required:

1.         To be placed on a permanent foundation consisting of a poured four (4) inch concrete apron therefrom.

2.          To be completely enclosed from the foundation to the bottom of the exterior walls with a suitable metal, laminated plastic or comparable material skirting fastened at both top and bottom so as to exclude the entrance of rodents and other pests to the area under said mobile home.

(Ord. No.6, Eff. May 1, 1981)

Sec. 5.06.

5.06A Occupied mobile homes. No occupied mobile home may be located outside of licensed trailer parks, except as provided in Section 5.06C and Section 5.06E of this Ordinance.

5.06B Unoccupied trailers. No unoccupied trailer over 32 feet in length shall be stored or parked outside of a licensed trailer camp or trailer sales lot, at any time. An unoccupied trailer less than 32 feet in length may be stored: (1) In a garage provided for the same, or (2) In the rear yard of a dwelling provided it is located not less than 10 feet from any property line. It shall be unlawful to store any unoccupied trailer on any otherwise unoccupied site, lot, field, or tract of land.

5.06C Occupancy of mobile home by farm laborers exception. The owner or lessee of any farm in an Agricultural-Residential, A-R, District may permit the use and occupancy of a mobile home by farm labor for a period· of time not , exceeding a total of six (6) months in any calendar year, subject to the following conditions:

1.          Application for a Farm Laborers Exception permit to place a mobile home for occupancy by farm labor shall be made to the Zoning Administrator.

2.          One or more of the occupants shall be employed as a farm laborer by the applicant.

3.          The facilities for water supply, waste water disposal and solid waste disposal shall be approved by the Berrien County Health Department and the Planning Commission. Installation of water and sanitary facilities shall precede occupancy of the mobile home.

4.          The location of the mobile home or mobile homes shall be approved by the Berrien Township Planning Commission.

5.06D Extension of time. The Township Planning Commission may extend a permit issued under [Section] 5.06C of the Berrien Township Zoning Ordinance to Twelve (12) months in any calendar year upon compliance with all conditions of this ordinance. Permits issued under Section 5.06C must be renewed annually; however, all requirements of this Ordinance must be met.

5.06E No person shall use, occupy or permit the use or occupancy of a mobile home as a dwelling within the Township, not designated as a mobile home park, or licensed labor camp, unless:

(1) A permit for the placement of a mobile home has been obtained from the Township. All applications for said permit shall be accompanied by a non-refundable fee set by fee schedule. Any denial of a permit may be appealed to the Township Board of Appeals within 15 days from the date of denial.

(2) Said mobile home, the placement thereof, and the premises upon which it shall be located shall meet all requirements of the Township Zoning Ordinance relating to uses, size of premises, floor area, setback, side lot and rear lot requirements specified for the particular zoning district in which said premises is situated; and

(3) Said mobile home shall be connected to potable water and sanitary sewage disposal facilities approved by the health agency having jurisdiction. If public sanitary sewage disposal facilities are available to said premises, said mobile home shall be connected thereto; and

(4) A mobile home shall be installed pursuant to the manufacturer's setup instructions and shall have a wall of the same perimeter dimensions of the mobile home placed on a frost proof foundation and constructed of such materials and type as required in the applicable building code for single­ family dwellings and shall be secured to the premises by an anchoring system or device compatible with those required by the Michigan Mobile Home Commission. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the Building Code applicable within the Township; and

(5) Construction of, and all plumbing, electrical apparatus, and insulation with and connected to, said mobile home shall be of a type and quality conforming to the United States Department of Housing and Urban Development, Mobile Home Construction and Safety Standards (24CFR3280), and as from time to time amended.

(6) Said mobile home shall meet or exceed all roof snow load and strength requirements imposed by said United States Department of Housing and Urban Development Mobile Home Construction and Safety Standards.

(7) The placement and use of a mobile home in any residential district within the Township shall be aesthetically compatible with single family dwellings in the district, and as a minimum said mobile homes shall:

(a) Have not less than two exterior doors with the second one being in either the rear or side of the dwelling; and contain steps connected to said exterior door areas or to porches connected to said door areas where a difference in elevation requires the same.

(b) Be so placed and situated so that the wheels and tongue shall be removed and the underside of said mobile home shall be completely enclosed and connected to the foundation; and

(c) Shall be placed upon the property in such a way that its appearance shall be compatible with single family dwellings constructed on-site within said district.

(d) The compatibility of design and appearance shall be determined in the first instance by the Township Zoning Inspector upon review of the plans submitted for a particular dwelling. Any determination of compatibility shall be based upon the standards set forth in this ordinance as well as the character, design and appearance of one or more residential dwellings located outside of mobile home parks within 2,000 feet of the subject dwelling where such area is developed with dwellings to the extent of not less than 20% of the lots situated within said area; or, where said area is not so developed, by the character, design and appearance of one or more residential dwellings located outside of mobile home parks throughout the Township. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

(8) The dwelling contains a storage capability area in a basement located under the dwelling, in an attic area, in closet areas, or in a separate structure of standard construction s~milar to or of better quality than the principal dwelling, which storage area shall be equal to 10% of the square footage of the dwelling or 100 square feet, whichever shall be less.

(9) The dwelling contains no additions or rooms or other areas which are not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation 'as required herein.

(10) As used herein the term "mobile home" shall mean a movable or portable dwelling constructed to be towed on its own chassis and designed for permanent year-round living as a single family dwelling. Provided, however, that the term "mobile home" shall not include motor homes, campers, recreational vehicles (whether licensed or not as motor vehicles) or other transportable structures designed for temporary use and which are not designed primarily for permanent residence and connection to sanitary sewage, electrical power and potable water utilities.

(11) No person shall occupy any mobile home as a dwelling within the Township until a certificate of occupancy shall be issued by the Building Official or Zoning Administrator, which permit shall indicate satisfactory compliance with all requirements of the Township Zoning Ordinance and Building Code.

(Ord. No.6, Eff. May 1, 1981; Ord. No.9, Eff. Apr. 15, 1983)