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HomeMy WebLinkAbout40-03 RESOLUTION• • RESOLUTION NO. 40-03 A RESOLUTION TO EXPRESS THE CITY OF FAYETFEVILLE'S OPPOSITION TO SENATE BILL 407 PROHIBITING MOST ZONING AND REGULATION OF MOBILE HOMES WHEREAS, planning and zoning issues should be decided by local governments and planning commissions listening to neighbors and local citizens directly affected by zoning decisions; and WHEREAS, Senate Bill 407 removes the power from local planning commission, city governments, and the citizens by potentially invalidating ordinances and regulations on mobile homes which currently prohibit their placement on single family lots in established neighborhoods; and WHEREAS, the City of Fayetteville now allows placement of mobile homes in mobile home parks and on a three acre agriculturally zoned parcel for the owner's personal residence or beneficial use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby expresses its opposition to Senate Bill 407 and asks the State House of Representatives carefully examine the full implications of this bill to citizens of towns and cities throughout Arkansas who have established zoning plans and regulations that our citizens believe best protects their property values, their quality of life and the good civic design of their town and neighborhoods. The City Council of Fayetteville believes planning and zoning decisions are best done on the local level and that a state law promoted by the mobile home builders and sellers to force mobile home placement in residential zones despite local opposition is a mistake that the State House of Representatives will correct by defeating Senate Bill 407. -f E Sy) and APPROVED this 18`" day of March, 2003. t- j>>`�5 $c• ick• I APPROVED. :By: - t ATTEST: By: h074---.+ Sondra Smith, City Cler DAN COODY, Mayor 1 • NAME OF FILE: CROSS REFERENCE: Resolution No. 40-03 Document • "O1 NOTES: 03/18/03 Res. 40-03 2 03/11/03 Alderman Request Form w/attachments: 3/11/03 memo to mayor/city council 3/19/03 fax to Mark Hayes/Ark. Muni. League 3/19/03 fax to Don Zimmerman/Ark. Muni. League draft resolution copy of 2/27/03 bill copy of § 163.02 3 3b0/0 3 nLPA.71.47 20 O idifiipan-r14--• n,i -- NOTES: FAYETTEALLE THE CITY OF FAYETTEVILLE ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Kit Williams City Attomey From Clarice Buffalohead-Pearman V' v City Clerk Division Date: 3/20/2003 Re: Res. No. 40-03 Attached please find an executed copy of the above resolution passed by the City Council on March 18, 2003, expressing the city's opposition to Senate Bill 407 prohibiting zoning and regulations of mobile homes. If anything else is needed please let the city clerk's office know. /cbp cc Nancy Smith, Internal Auditor ALDERMAN AGENDA REQUEST ORM * 03 a Fmk - �w4ch- 3-11.43 P 3fig I Log 3 FOR: COUNCIL MEETING OF March 18, 2003 Ito -03 FROM: ALDERMAN BRENDA THIEL ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Express The City Of Fayetteville's Opposition To Senate Bill 407 Prohibiting Most Zoning And Regulation Of Mobile Homes APPROVED FOR AGENDA: 3 /i 3 Alderman Dat `lLrm_AA 3 -l( -03 City Attorney Date FAYETTEVITLLE THE CITY OF FAYETTEVILLE. ARKANSAS Kir WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST CITY ATFORNEY DEPARTMENTAL CORRESPONDENCE • LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council FROM: Kit Williams, City Attorney L DATE: March 11, 2003 —� RE: Senate Bill 407 – Mobile Home Deregulation 1 have been asked by Alderman Thiel to draft a Resolution in opposition to Senate Bill 407 that would invalidate much of Fayetteville's long established ordinances regulating mobile homes This bill (obviously pushed by lobbyists for the Mobile Home Industry and sales groups) labels mobile homes built since 1976 as "manufactured homes." It has titled its bill as "The Affordable Housing Accessibility Act" (very politically correct). I have attached a copy of this bill that has already passed the State Senate. The key language in this bill is found in proposed § 14-54-1604 (a) and especially (c): "(c) Municipalities shall not impose regulations or conditions on manufactured homes that prohibit the placement of manufactured homes or that are inconsistent with the regulations or conditions imposed on other single family dwellings permitted in the same residential distract or zone." This language is very broad and dangerous. It could certainly be construed to mean that mobile homes (I will use the commonly understood term rather than the politically correct "manufactured home" term) must be treated consistently (or tisame) as other single family dwegs (normal homes). The City might no longer be able to prohibit mobile homes from being placed on single family residential lots surrounded by existing, normal permanent homes. § 163.22 B.1. of the Unified Development Code would be effectively repealed by this proposed state law because it prohibits locating mobile homes except in mobile home parks and by temporary permit on a three acre agriculturally zoned lot (only one mobile home allowed for the owner's personal use). My biggest concern as City Attorney is that the language in this bill is so broad that I cannot accurately predict the its full ramifications on our city's right to regulate or control placement of new mobile homes in any residential zone or building lot. Maybe, the City could restrict mobile homes only to agriculture zones (while dropping all current restrictions on them greater than site -built homes). However, an argument could be made that we must include them in a "residential" zone like R-1 or R-1.5 or R-2. We could face an uphill battle since zoning laws are interpreted against cities so the Courts might give the proposed bill the most expansive interpretation possible. If so, we could find that we are prohibited from regulating mobile homes in ways "that are inconsistent with the regulations or conditions imposed on other single family dwellings .... " § 14-54-1604 (c) (as proposed). In other words, new mobile homes (which we are not allowed to inspect pursuant to this proposed law) could be sited wherever we now allow single family homes to be built. Only "historic districts" are exempt from the siting and permitting mandates in this proposed bill {§14-54-1606 (b)} If requiring cities to allow placement of mobile homes in established single family neighborhoods was not the goal and likely result of this bill, why would an exemption for "historic district" be needed? FAYETTEVPLLE • THE CITY OF FAYETTEVILLE, ARKANSAS Date: 3/19/2003 0 of Pages 4 To: Mr. Mark Hayes From: Sondra E. Smith City Clerk Company: Arkansas Municipal League City of Fayetteville Phone: 501-374-3484 Phone: 575-8323 Fax: 501-374-0541 Fax: 718-7695 Message: Mayor Coady asked that I fax to you a copy of Resolution No. 40-03 that was approved at our City Council meeting on March 18, 2003. Have a great day! Sondra E. Smith City Clerk 113 WEST MOUNTAIN 72701 479.521-7700 FAX 479.575-0257 FAYETTEVVLLE • THE CITY OF FAYETTEVILLE. ARKANSAS Date: 3/19/2003 # of Pages 4 To: Mr. Don Zimmerman From: Sondra E. Smith City Clerk Company: Arkansas Municipal League City of Fayetteville Phone: 501-374-3484 Phone: 575-8323 Fax: 501-374-0541 Fax: 718-7695 Message: Mayor Coody asked that I fax to you a copy of Resolution No. 40-03 that was approved at our City Council meeting on March 18, 2003. Have a great day! Sondra E. Smith City Clerk 113 WEST MOUNTAIN 72701 479-521-7700 FAX 479-5754257 • • RESOLUTION NO. A RESOLUTION TO EXPRESS TIIE CITY OF FAYEYTEVII.I.E'S OPPOSITION 1'0 SENATE BILL 407 PROHIBITING MOST ZONING AND REGULATION OF MOBILE HOMES WHEREAS, planning and zoning issues should be decided by local governments and planning commissions listening to neighbors and local citizens directly affected by zoning decisions; and WHEREAS, Senate Bill 407 removes the power from local planning commission, city governments, and the citizens by potentially invalidating ordinances and regulations on mobile homes which currently prohibit their placement on single family Tots in established neighborhoods; and WHEREAS, the City of Fayetteville now allows placement of mobile homes in mobile home parks and on a three acre agriculturally ones 'parcel for the owner's personal residence or beneficial use. 744 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby expresses its opposition to Senate Bill 407 and asks the State (louse of Representatives carefully examine the full implications of this bill to citizens of towns and cities throughout Arkansas who have established zoning plans and regulations that our citizens believe best protects their property values, their quality of life and the good civic design of their town and neighborhoods 1he.Qty Council of Fayetteville believes planning and zoning decisions are hest done on the local level and that a state law promoted by the mobile home builders and sellers to force mobile home placement in residential zones dcspite local opposition is a mistake that the State House of Representatives will correct by defeating Senate Bill 407. PASSED and APPROVED this 18ih day of March, 2003. ATTEST: By: Sondra Smith, City Clerk APPROVED: By: DAMAFT llY, Mayor • • Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly. I State of Arkansas As Engrossed: S2/27/03 53/4/03 2 84th General Assembly A Bill 3 Regular Session, 2003 SENATE BILL 407 4 5 By: Senators Baker, Wilkinson, J. Jeffress 6 By: Representatives Mack, J. Taylor, Oglesby, L. Prater, Rankin, Parks, Agee, Jeffrey, Green, Thomas, 7 Clemons, Scroggin 8 9 to For An Act To Be Entitled 11 AN ACT TO PROVIDE FOR THE AVAILABILITY OF 12 AFFORDABLE HOUSING WITHIN THE MUNICIPALITIES OF 13 ARKANSAS; AND FOR OTHER PURPOSES. 14 15 Subtitle 16 THE AFFORDABLE HOUSING ACCESSIBILITY 17 ACT. 18 19 20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 22 SECTION 1. Arkansas Code Title 14, Chapter 54, is amended to add an 23 additional subchapter to read as follows: 24 Subchapter 16. The Affordable Housing Accessibility Act. 25 26 14-54-1601. Title. 27 This subchapter shall be known and cited as the "Affordable Housing 28 Accessibility Act." 29 30 14-54-1602. Definitions. 31 As used in this subchapter: 32 (1) "Federal standards" mean the Federal Manufactured Home 33 Construction and Safety Standards promulgated by the United States Department 34 of Housing and Urban Development under the authority of 42 U.S.C. 5401 et 35 seq. as it existed on January 1, 1976; 36 (2) "Manufactured home" means a dwelling unit constructed in a olu ELM 02252003EAN 1224.0\ E 157 • • As Engrossed: S2/27/03 S3/4/03 SB407 1 factory in accordance with the federal standards and meeting the definitions 2 set forth in the federal standards and under Arkansas Code § 20-25-102; and 3 (3) "Mobile home" means a dwelling unit constructed in a factory 4 before the enactment of the federal standards. 5 6 14-54-1603. Municipal construction and installation standards. 7 (a) Municipalities shall not establish or continue in effect any 8 ordinance or regulation that sets standards for manufactured home 9 construction or safety that are not identical to the federal standards. 10 (b) Municipalities shall not establish or continue in effect any 11 ordinance or regulation that sets standards for manufactured home 12 installation that are inconsistent with the state standards for installation 13 set forth under § 20-25-106 and the design of the manufacturer. 14 15 14-54-1604. Municipal regulation of manufactured homes. 16 (a)(1) Municipalities that have zoning ordinances shall allow the 17 placement of manufactured homes on individually -owned lots in at least one 18 (1) or more residential districts or zones within the municipality. 19 (2) Municipalities shall not establish or continue in effect any 20 ordinance or regulation that restricts the placement of manufactured homes 21 only to mobile home parks, subdivisions or land lease communities. 22 (b) Municipalities may establish reasonable regulations or conditions 23 for the placement of manufactured homes within the jurisdiction, including, 24 but not limited tot! 25 (1) Perimeter foundation enclosures; 26 (2) Connection to utilities; 27 (3) Building setbacks; 28 (4) Side or rear yard offsets; 29 (5) Off-street parking; 30 (6) Construction of carports, garages and other outbuildings; 31 (7) Entry and exits, porches, decks, and stairs; and 32 (8) Other regulations or conditions that are applicable to other 33 single family dwellings in the same residential district or zone. 34 (c) Municipalities shall not impose regulations or conditions on 35 manufactured homes that prohibit the placement of manufactured homes or that 36 are inconsistent with the regulations or conditions imposed on other single 2 02252003EAN1224.0NE1S7 • • As Engrossed: S2/27/03 S3/4/03 SB407 1 family dwellings permitted in the same residential district or zone. 2 3 14-54-1605. Regulation of Mobile Homes. 4 Municipalities may prohibit the placement of mobile homes in all 5 residential districts or zones, or may restrict the placement of mobile homes 6 to designated mobile home parks, subdivisions, or land lease communities. 7 8 14-54-1606. Exceptions. 9 (a) This subchapter shall not supersede, prevent, or preempt any valid 10 covenants or bills of assurance. 11 (b) This subchapter shall not require that manufactured homes be 12 permitted in historic districts 13 14 SECTION 2. This act is effective October 1, 2003. 15 16 /s/ Baker 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3 02252003EAN1224.ONE157 • • r • • 1 1 1 1 1 1 1 1 1 1 • (Code 1991, §160.098; Ord. No. 3892, § 2, 5- 16-95) §163.22 MOBILE HOMES. A. Mobile Home Parks. Mobile Home parks shall be subject to the provisions of Mobile Homes and Mobile Home Parks, Chapter 175, and Development, Chapter 166. 1. Accessory Commercial Uses. In a mobile home park there may be provided accessory commercial uses intended solely for the convenience of the residents of the development, provided that: (a). All such units are operated within an enclosed structure. (b). The gross floor area of such accessory uses shall not exceed 25 square feet for each mobile home space in the park. (c). No such structure shall be closer than 100 feet to any property in an R or R -O district outside the development. (d). All accessory commercial uses shall be located in a manner that the use is surrounded by the mobile home park and is not located on the outer boundaries of said park. 2. Dwelling Units. No single- family, two-family, or multifamily dwelling unit may be erected or placed upon any lot within a mobile home park UNLESS said lot and dwelling meet all requirements of the zoning regulations for such a dwelling in the zoning district where the mobile home park is located. B. Location of Mobile Homes. 1. Mobile Home Parks/ Exceptions. Mobile homes are permitted in mobile home parks and shall not be placed in any other location in the city, except: -63- • (a). Temporary occupancy permits may be issued when permitted by the other provisions of Mobile Homes and Mobile Home Parks, Chapter 175 and Building Regulations, Chapter 173. (b). Temporary occupancy permits may be issued for mobile homes subject to the following requirements: (1). The owner of three acres or more of land having no permanent residences and zoned A-1 may install one mobile home on this property for his own personal use or for a use beneficial to the owner but not for rental for money to the general public. (2). The owner of three or more acres of land having only one permanent residence on the entire property, which he uses for his own personal residence, and zoned A-1 may install one mobile home for a use beneficial to the owner but not for rental for money to the general public. 2. Temporary Occupancy Permit. Upon application the enforcement officer may, if no nuisance to neighbors is apparent, issue a temporary occupancy permit for the location of a mobile home under the provisions of Chapter 175. Provided, however, that the issuance shall be subject to the following conditions: (a). The applicant shall sign a statement recognizing that (1). The permit is temporary; (2). The permit is an exception under the mobile home ordinance; and (3). He will abide by the conditions contained in Chapter 175. renewed annually. (b). Permits must be (c). The mobile home may not be sold as a part of the conveyance of occupants using the mobile home park. Such register shall be available to any authorized person inspecting the park, and shall be preserved for a period of two years. Such register shall contain: a. Identification. The names and addresses of all mobile home occupants stopping in the park; b. License Number. The make, model, and license number of the motor vehicle and mobile home except in independent mobile home park; c. State. The state, territory, or county issuing the mobile home license; d. Dates. The dates of arrival and departure of each mobile home; and e. Dependent/ Independent. Whether or not each mobile home is a dependent or independent mobile home. 2. Successor Operators. In the event of a transfer of operating rights and control, such registers must be delivered to and retained for the said period by the successor operator. (Code 1991, §156.051; Code 1965, §13A-25; Ord. No. 1509, 8-8-66) W. Reporting of Communicable Diseases. The operator shall notify the local health officer immediately of any suspected communicable or contagious disease within the mobile home park. In the case of diseases diagnosed by a physician as quarantinable, the departure of a mobile home or its occupants, or the removal therefrom of clothing or other chapters which have been exposed to infection, without approval of the Health Officer is prohibited. -9- (Code 1991, §156.052; Code 1965, §13A-26; Ord. No. 1509, 8-8-66) X. Supervision; Maintenance and Repair. The person to whom an operator's permit for a mobile home park is issued shall at all times operate the park in compliance with this chapter and the regulations issued thereunder, and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition at all times. (Code 1991, §156.053; Code 1965, §13A-27; Ord. No. 1509, 8-8-66) §175.03 MOBILE HOMES AND MOBILE HOME PARKS OPENED OR EXPANDED AFTER APRIL 20, 1972. A. Mobile Homes Restricted to Mobile Home Parks; Exceptions. Mobile homes shall be permitted in mobile home parks but shall not be placed at any other location in the City except pursuant to the provisions of Zoning, Chapters 160-165. (Code 1991 §156.066; Code 1965, §13B -I; Ord. 1859, 3-20-72) B. Development Requirements for Mobile Home Parks. 1. Official Plat. Prior to development of a mobile home park (or extensively remodeling an existing mobile home park) the developer shall be required to submit to the City's Planning Commission for review and approval an official plat of the proposed mobile home park. Said official plat of a mobile home park shall be subject to the provisions of Development, Chapter 166, 1 i and when approved by the City, shall be recorded by the City Clerk in the office of the Circuit Clerk and Ex Officio Recorder. 2. Mobile Home Park Street Design. The official plat shall indicate all interior and adjacent exterior streets and said streets shall be subject to the following: a. Location and Width. The location and width of all streets shall be subject to the City's Master Street Plan. b. Construction. All streets shall be curbed, guttered and constructed to meet the City's minimum street design standards. (Code 1991 §156.067; Code 1965, §13B-2; Ord. 1859, 3-20-72) C. Minimum Mobile Home Park Design Standards. 1. Minimum Park Area Requirements. The minimum site for a mobile home park development shall be three acres. 2. Park Site Location; Drainage. The mobile home park shall be located on a well -drained site, and shall be located so that its drainage will not endanger any water supply. All such mobile home parks shall be in areas free from marshes, swamps, or other potential breeding places for insects or rodents. 3. Minimum Mobile Home Lot Requirements in a Park. The minimum mobile home lot shall: a. Minimum Footage. Contain a minimum of 4,200 square feet of area -10- b. Parking. Provide for a hard surfaced off the street parking area for two vehicles. The hard surface shall = consist of at least a double asphaltic seal coat) i n 4. Mobile Home Pad Requirements. The mobile home pads in'a mobile home park shall be located on the' mobile home lot and designed in such a way that: a. Separation. Mobile' homes, including any attachment thereto, shall" be separated from each other at least 20 feet. b. Exterior Boundaries. Mobile homes shall be located at least ten feet from any exterior boundaries of the mobile home park adjacent to private Property c. Public Street. Mobile homes shall be located at least 25 feet from any public street. 5. Recreation Area. a. Required. Recreation areas and facilities should be • provided to the extent necessary to meet the anticipated needs of the tenants the park is designed to serve. In no event shall less than 8% of the gross park site area be devoted to recreational facilities. b.' Maintenance: Maintenance of recreation areas and facilities shall be the responsibility of the person to whom a mobile home park operator's perrnit is issued under §175.01A through §175.01E, provided, prior to the sale of any lot within a mobile home park, the owner shall cause to be included as part of the transfer of title to said lot, a restrictive covenant in favor of the City • and in favor of property owners within the park which shall require all owners to be collectively responsible, under the terms of this section, for the maintenance and upkeep • of the recreation area required hereunder after 50% or more of the total area within the mobile home park has been sold. 6. Tenant Storage Facilities. Tenant storage facilities shall be provided on each mobile home lot, or in compounds located within a reasonable distance, generally not more than 100 feet from each mobile home pad. Storage facilities should be designed in a manner to enhance the appearance of the development and shall be constructed of suitable weather resistant materials appropriate under the use and maintenance contemplated. A minimum of 90 cubic feet of tenant storage space shall be provided for each mobile home pad. 7. Mobile Home Supports and Manner of Tledown. a. Adequate Support for Mobile Home. The mobile home support shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, or other forces acting on the structure. b. Anchors or Tiedowns. Anchors or tiedowns, such as cast -in place concrete dead men, eyelets imbedded in concrete screw augers, or arrowhead anchors shall be placed at least at each corner of the mobile home and each device shall be able to sustain a minimum load of 4,800 pounds. Anchors or tiedown design shall be equal to or better than that recommended by the Mobile Homes Manufacturers Association. 8. Required Screening. Whenever the external boundaries of a mobile home park abuts property in a R or R -O District or a city street or highway, there shall be provided in such park along the common -11- • boundary line a screening wall meeting the standards of Development, Chapter 166. 9. Mobile Home Park Structure Regulations. a. Exclusive Use. Structures placed in a mobile home park shall be for the exclusive use of mobile home park occupants. b. Sanitary Facilities. Every park shall provide community sanitary facilities in a community building to be located in the park with the following emergency sanitary facilities: (1) Toilets/ Sinks. For each 100 mobile home lots, or fractional part thereof, there shall be one flush toilet and one lavatory for each sex. (2) Emergency Facilities. The building containing such emergency sanitary facilities shall be accessible to all mobile homes. c. Structures Prohibited in Mobile Home Parks. Temporary or permanent tents or tent like structures shall not be permitted in a mobile home park and the location of such a structure is prohibited in mobile home parks. 10. Water Supply/Potable Water. An accessible, adequate, safe, and potable water supply shall be provided for each mobile home park, capable of furnishing a minimum or 150 gallons per day for each mobile home space. a. Connection. Where a public supply of water is available, connection shall be made thereto and its supply shall be used exclusively. b. Meter. Each mobile home shall be provided with an individual water meter and each mobile home shall be individually metered.