City of Thibodaux Zoning Review - South Central Planning ...

City of Thibodaux Zoning Review - South Central Planning ... City of Thibodaux Zoning Review - South Central Planning ...

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Thibodaux Zoning Review 2010Comparable Cities –Mobile, Manufactured andModular Home CodesAs aforementioned, all modular homes are required to meetstate, local and regional building codes. Therefore, zoning regulationsin all comparable areas treat modular homes the sameas site built homes. This section will analyze and compare howeach community addresses the issue of mobile and manufacturedhomes.City of HammondThe City of Hammond defines mobile and manufacturedhomes as a transportable building, built on a chassis or towable,and designed to be used without a permanent foundation. Themobile home can be no more than five (5) years old at thetime of approval. The definition does not include travel trailers,pickup coaches, motor homes, camping trailers or recreationalvehicles. Mobile and manufactured housing must be skirted andanchored. Both mobile and manufactured homes must meetClass A (new mobile home which meets the latest HUD standardsand appearance standards for single family home), ClassB (meets the latest HUD standards but does not meet aestheticstandards for single family housing), or Class C built afterJanuary 1, 1994 and complies with recent or prior HUD regulations,meets minimum housing codes and is not older than five(5) years). Mobile homes are permitted in the more rural areaswhich are zoned R-S, Suburban District.City of RustonRuston is very restrictive regarding the location of manufacturedhomes. The zoning ordinance provides the correctdefinition of manufactured homes, but uses it interchangeablywith “mobile home”. In all but several instances manufacturedhomes are confined to mobile home subdivisions or mobilehome tracts. Mobile home subdivisions are designed to accommodatethe different configuration of manufactured housingwhich tends to be longer and narrower than site built homes.Like any other subdivision, these developments must meet all ofthe subdivision or development codes regarding layout of streets,public utilities and other site requirements. But the size of thelots and the zoning set back requirements may vary so that atypical manufactured home can be situated on the lot withoutthe need for variances. Lots are meant to be sold to individualhomeowners who place their own manufactured or mobilehomes on their lots. This is different from a manufactured homepark which is generally owned and managed by a single propertyowner. The manufactured home park drive or “street” may or maynot be of the same standard as public roads as all is containedunder private ownership. Spaces are leased to the manufacturedhome owner. Sometimes individual homes are rented or leased,too. Ruston’s M-1 mobile home subdivision district allows “alluses as permitted and regulated in a R-3 multi-family district.”The R-3 zone is designed to provide high density residentialdwellings including apartments and rooming houses. This seemsto be a little contradictory to the development of manufacturedhome subdivisions which seems to envision low density singlefamily uses.Ruston does allow at least two exceptions to this rule. Amanufactured home is allowed as a dwelling for a watchmanor custodian living on the business site in industrial zones. Aconditional permit may be obtained for a temporary use of amanufactured home as a dwelling in other zones.City of PinevilleAn overlay district is a special kind of zoning tool. An overlaydistrict lessens or adds protection as needed for special situationswithin a particular district. Regulations of the overlay districtprovide other stipulations for particular land uses. A highwaycorridor overlay is a typical kind of overlay district found inheavy commercial areas where building setbacks, height limitationsand aesthetic requirements may be different for the oneprimary transportation corridor in the district, for example CanalStreet versus other streets in a the same commercial district ofThibodaux. Overlay districts are also sometimes used to createhistoric districts. There are also “floating” overlays which applyto certain site specific conditions the location of which could befound in any district, perhaps a wetland overlay district, whichwould apply to any defined wetlands, despite the zoning districtwithin which the wetland area is found.Pineville uses an overlay district to regulate mobile homes,the Mobile Home Overlay District. In their overlay district“mobile” and “manufactured” home is used interchangeably.The overlay only applies within R-2 Districts. Additionalrequirements include appearance regulations requiring themanufactured home to resemble other residential structureshomes in the district, provision of outdoor storage space and apaved drive strip, and the mobile home must have been manufacturedwithin the past five years (see Section16.07).As can be seen in the accompanying excerpts from the PinevilleR-2 zones, manufactured homes are allowed if they meet theadditional requirements of the overlay zone. Mobile homes thatdon’t comply with the new regulations are treated as nonconforming.Also the mobile or manufactured home that isn’t part ofan approved trailer or mobile home court must obtain an annualpermit. This approach has merit in that it can easily be appliedin other communities without the need to restructure all individualresidential zones. It also treats manufactured homes morelike site-built homes. Nonconforming status does not apply todilapidated mobile homes which have been condemned underthe city’s standard procedures.No reference was found in Pineville’s zoning ordinance to“modular” homes so it wasn’t clear how these were being treated.SCPDC contacted Pineville and spoke to their Code Enforcementand Zoning Officer. He said the overlay district wasadopted in 2004. The Pineville council decided where mobilehomes would be allowed and the overlay district is for these areas.In the Old Town Historic District, mobile homes are restrictedto only one street. Individuals who move a mobile home onto alot not in the overlay area will not be able to hook up to utilities.There are also two mobile home parks within the city. Homesin the parks are not required to follow the rules for homes on asingle lot, but one of the park owners does follow the require-20

2010 Thibodaux Zoning Reviewments. Pineville finds the overlay pretty easy to enforce. Since2004 the city granted only one variance for a property adjacentto the overlay district and the city subsequently decided toenlarge the overlay district to include the property. With regardto modular homes not on a chassis and built to IBC standards,Pineville would treat these like a site-built home but thus farthey have received one permit request for such a home and theowners changed their mind before bringing the modular homeon site.Like Hammond, new permits for manufactured homes canonly be issued if the home is no more than five years old. Anemergency clause allows the use of temporary or emergencyresidential purposes in any zoning district with the approval ofthe zoning commission due to a person’s illness or incapacity.This allows the home to be located in proximity to a relative butplaces the additional burden on the zoning compliance officer ofrecertifying the home every six months. This seems generous, butonce established the structure may be hard to remove once theemergency is no longer an “emergency”. Finally, the R-2 Districtcontains an exception for mobile homes on lots of two (2) acresor more, which might be something that would not be of valuein Thibodaux where lots are generally smaller.The following pages contain excerpts from the comparablecities for comparison. Specific passages are bolded in order tohighlight text that is referred to in the narratives. The entirePineville Overlay District and Ruston “Mobile home subdivisionsand mobile home parks” texts are provided herein forinformational purposes.Hammond Mobile/Manufactured Homes2.9 Temporary Trailers, Buildings & Mobile Homesa) Mobile Homes legally located and existing in Hammond at the time this Ordinance is passed may continue to be occupied.These Mobile Homes may be upgraded and replaced, regardless of the zoning district they occupy, if the upgrading and replacementmeets current City requirements on anchoring, skirting, model, year, and condition. Mobile Homes/Manufactured housingare defined in the “Definitions” section of this Ordinance.Development of Mobile Home parks in the City is not permitted.All new and allowable replacement Mobile Homes shall meet the following standards:1. Conform to the 1994 HUD minimum standards for Mobile Homes and be no older than 5 years.2. Conform to the FEMA standards adopted by the City of Hammond at the time of permitting.3. All Mobile Homes must have a manufacturer approved, vented skirting, completely enclosing the area between bottomof the Mobile Home and the natural ground.4. Other than porches and exit steps, no additional structures will be allowed to attach to the Mobile Home.5. The allowable area of porches shall not exceed 15% of the total area of the Mobile Home.6. All exit steps and porches must meet all City of Hammond building codes and ordinances.7. Mobile Home movers must contact the City Building Department at least 7 days before moving the Mobile Home forplacement and occupancy in the City. Should a Mobile Home meet the standards of Section 2.2(c) of this Zoning Ordinanceregarding “Nonconforming Provision,” it may be replaced with another Mobile Home within 6 months of its removal,as stated in Section 2.25(b) of this Zoning Ordinance, provided the replacement Mobile Home meets all the standardsoutlined above.a. Newly placed Mobile Homes (not meeting the condition above) must be located in an R-S residential district, andmeet that District’s requirements, if that Mobile Home is not replacing one that was previously at that location withinthe past 6 months.b. In existing Mobile Home parks that have platted lots or spaces for sale or rent, Mobile8. Homes may be placed regardless of the Zoning District. These Mobile Home parks must be recognized by the BuildingDepartment as legally existing on the date Ordinance #2550 was enacted.c. Mobile Home permits are not issued by the Building Department until an application has been completed by theapplicant, proof of permission to place that Mobile Home has been legally given by the land owner, the MobileHome has been inspected by the City, properly placed on the property, skirted, and anchored.d. Mobile Homes may not be moved into the City for occupancy unless an application for such as first been completedand City Building Department staff has been made aware of the date that the Mobile Home will be moved.e. Mobile Homes illegally placed in the City or moved without Building Department approval must be removed within30 days from the date the owner or mover receives notice from the City.f. Mobile Homes are not permitted in the City for commercial purposes but may be allowed only as a temporary usefor construction projects, special events, or as temporary offices for not more than one year. These temporary MobileHomes or construction trailers that are permitted will not be used for residential occupancy. These temporary usesmust be permitted by the City Building Department and a $25.00 permit fee per temporary Mobile Home/constructiontrailer will be collected by the City. Temporary buildings in general are not permitted for occupancy and must beat removed at the end of the one year period allowed by the Zoning Board.21

2010 <strong>Thibodaux</strong> <strong>Zoning</strong> <strong>Review</strong>ments. Pineville finds the overlay pretty easy to enforce. Since2004 the city granted only one variance for a property adjacentto the overlay district and the city subsequently decided toenlarge the overlay district to include the property. With regardto modular homes not on a chassis and built to IBC standards,Pineville would treat these like a site-built home but thus farthey have received one permit request for such a home and theowners changed their mind before bringing the modular homeon site.Like Hammond, new permits for manufactured homes canonly be issued if the home is no more than five years old. Anemergency clause allows the use <strong>of</strong> temporary or emergencyresidential purposes in any zoning district with the approval <strong>of</strong>the zoning commission due to a person’s illness or incapacity.This allows the home to be located in proximity to a relative butplaces the additional burden on the zoning compliance <strong>of</strong>ficer <strong>of</strong>recertifying the home every six months. This seems generous, butonce established the structure may be hard to remove once theemergency is no longer an “emergency”. Finally, the R-2 Districtcontains an exception for mobile homes on lots <strong>of</strong> two (2) acresor more, which might be something that would not be <strong>of</strong> valuein <strong>Thibodaux</strong> where lots are generally smaller.The following pages contain excerpts from the comparablecities for comparison. Specific passages are bolded in order tohighlight text that is referred to in the narratives. The entirePineville Overlay District and Ruston “Mobile home subdivisionsand mobile home parks” texts are provided herein forinformational purposes.Hammond Mobile/Manufactured Homes2.9 Temporary Trailers, Buildings & Mobile Homesa) Mobile Homes legally located and existing in Hammond at the time this Ordinance is passed may continue to be occupied.These Mobile Homes may be upgraded and replaced, regardless <strong>of</strong> the zoning district they occupy, if the upgrading and replacementmeets current <strong>City</strong> requirements on anchoring, skirting, model, year, and condition. Mobile Homes/Manufactured housingare defined in the “Definitions” section <strong>of</strong> this Ordinance.Development <strong>of</strong> Mobile Home parks in the <strong>City</strong> is not permitted.All new and allowable replacement Mobile Homes shall meet the following standards:1. Conform to the 1994 HUD minimum standards for Mobile Homes and be no older than 5 years.2. Conform to the FEMA standards adopted by the <strong>City</strong> <strong>of</strong> Hammond at the time <strong>of</strong> permitting.3. All Mobile Homes must have a manufacturer approved, vented skirting, completely enclosing the area between bottom<strong>of</strong> the Mobile Home and the natural ground.4. Other than porches and exit steps, no additional structures will be allowed to attach to the Mobile Home.5. The allowable area <strong>of</strong> porches shall not exceed 15% <strong>of</strong> the total area <strong>of</strong> the Mobile Home.6. All exit steps and porches must meet all <strong>City</strong> <strong>of</strong> Hammond building codes and ordinances.7. Mobile Home movers must contact the <strong>City</strong> Building Department at least 7 days before moving the Mobile Home forplacement and occupancy in the <strong>City</strong>. Should a Mobile Home meet the standards <strong>of</strong> Section 2.2(c) <strong>of</strong> this <strong>Zoning</strong> Ordinanceregarding “Nonconforming Provision,” it may be replaced with another Mobile Home within 6 months <strong>of</strong> its removal,as stated in Section 2.25(b) <strong>of</strong> this <strong>Zoning</strong> Ordinance, provided the replacement Mobile Home meets all the standardsoutlined above.a. Newly placed Mobile Homes (not meeting the condition above) must be located in an R-S residential district, andmeet that District’s requirements, if that Mobile Home is not replacing one that was previously at that location withinthe past 6 months.b. In existing Mobile Home parks that have platted lots or spaces for sale or rent, Mobile8. Homes may be placed regardless <strong>of</strong> the <strong>Zoning</strong> District. These Mobile Home parks must be recognized by the BuildingDepartment as legally existing on the date Ordinance #2550 was enacted.c. Mobile Home permits are not issued by the Building Department until an application has been completed by theapplicant, pro<strong>of</strong> <strong>of</strong> permission to place that Mobile Home has been legally given by the land owner, the MobileHome has been inspected by the <strong>City</strong>, properly placed on the property, skirted, and anchored.d. Mobile Homes may not be moved into the <strong>City</strong> for occupancy unless an application for such as first been completedand <strong>City</strong> Building Department staff has been made aware <strong>of</strong> the date that the Mobile Home will be moved.e. Mobile Homes illegally placed in the <strong>City</strong> or moved without Building Department approval must be removed within30 days from the date the owner or mover receives notice from the <strong>City</strong>.f. Mobile Homes are not permitted in the <strong>City</strong> for commercial purposes but may be allowed only as a temporary usefor construction projects, special events, or as temporary <strong>of</strong>fices for not more than one year. These temporary MobileHomes or construction trailers that are permitted will not be used for residential occupancy. These temporary usesmust be permitted by the <strong>City</strong> Building Department and a $25.00 permit fee per temporary Mobile Home/constructiontrailer will be collected by the <strong>City</strong>. Temporary buildings in general are not permitted for occupancy and must beat removed at the end <strong>of</strong> the one year period allowed by the <strong>Zoning</strong> Board.21

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