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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/18/2020 - SECOND READING OF ORDINANCE NO. 100, 2020, AMENDINAgenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY August 18, 2020 City Council STAFF Ryan Mounce, City Planner Claire Havelda, Legal SUBJECT Second Reading of Ordinance No. 100, 2020, Amending the Land Use Code to Establish a Manufactured Housing Zone District. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on August 4, 2020, presents Land Use Code (LUC) updates related to the creation of a new zone district for manufactured housing preservation. The staff recommendation includes the following LUC changes: • The establishment of a new Manufactured Housing (M-H) zone district in Article 4. The district includes its own unique set of permitted land uses and standards related to density, setbacks, building height, building size, and parking. • New definitions in Article 5 for ‘manufactured home’ and ‘manufactured housing community’ which will replace existing definitions for the terms ‘mobile home’ and ‘mobile home park.’ • Numerous changes throughout Articles 1-4 which serve to reference or classify the new zone district within the context of other general Code standards and process procedures. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, August 4, 2020 (w/o attachments) (PDF) 2. Ordinance No. 100, 2020 (PDF) Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY August 4, 2020 City Council STAFF Ryan Mounce, City Planner Claire Havelda, Legal SUBJECT First Reading of Ordinance No. 100, 2020, Amending the Land Use Code to Establish a Manufactured Housing Zone District. (Option A or Option B) EXECUTIVE SUMMARY The purpose of this item is to present Land Use Code (LUC) updates related to the creation of a new zone district for manufactured housing preservation. The staff recommendation includes the following LUC changes: • The establishment of a new Manufactured Housing (M-H) zone district in Article 4. The district includes its own unique set of permitted land uses and standards related to density, setbacks, building height, building size, and parking. • New definitions in Article 5 for ‘manufactured home’ and ‘manufactured housing community’ which will replace existing definitions for the terms ‘mobile home’ and ‘mobile home park.’ • Numerous changes throughout Articles 1-4 which serve to reference or classify the new zone district within the context of other general Code standards and process procedures. Staff is presenting two options for the permitted land uses as part of the new M-H zone district. Option A, first presented to Council at the April 28, 2020, work session, represents a narrower set of permitted land uses while Option B would permit several additional residential land uses which were previously permitted in the City’s former mobile home park districts prior to 1997. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Purpose and Intent The goal of the Manufactured Housing (M-H) zone district is to promote the preservation of manufactured housing communities and reduce the likelihood of resident displacement and the loss of affordable housing units. Residents within manufactured housing communities often contend with the uncertainty that their park may close or redevelop with limited notice. When a park closes, it may be impractical or financially infeasible to move the units and resident-owned assets may become stranded. Further, there is limited capacity within the region’s other parks to accommodate displaced residents. Over the past 25 years, five manufactured housing communities have closed in the City, primarily due to redevelopment, which has resulted in the loss of hundreds of the city’s most affordable housing units. ATTACHMENT 1 Agenda Item 18 Item # 18 Page 2 The design and intent of the new M-H zone district is to preserve and support existing manufactured housing communities as the principal use in the zone district and to limit certain other types of land uses to reduce the likelihood an existing manufactured housing community will close due to redevelopment. City Policy Alignment As a unique and important source of affordable housing in the community, the preservation of manufactured housing communities is well-supported by City policies and goals. In addition, Council has identified manufactured housing preservation as a priority and the new zone district advances efforts to implement preservation tools for manufactured housing as part of the moratorium on manufactured housing community redevelopment implemented in August 2019. More specifically, the following City Plan and Strategic Plan policies and objectives align with these proposed Code changes: • City Plan: Policy LIV 6.4 - Permanent Supply of Affordable Housing - Create and maintain an up-to- date inventory of affordable housing in the community. Pursue policy and regulatory changes that will encourage the rehabilitation and retention of affordable housing in perpetuity. • Strategic Plan: Neighborhood Livability & Social Health Objective 1.8 - Preserve and enhance manufactured housing communities as a source of affordable housing and create a safe and equitable environment for residents. The new M-H zone district also builds upon the City’s 2013 Affordable Housing Redevelopment and Displacement Mitigation Strategy report (Attachment 1), which recommended the establishment of a new manufactured housing zone district. Summary of Proposed Land Use Code Updates: The three categories of proposed Land Use Code changes include: 1. The new M-H zone district, located in Article 4, and its associated permitted land uses and standards for density, setbacks, building height, building size, and parking. 2. Updated definitions, located in Article 5, for the terms ‘manufactured home’ and ‘manufactured housing community. 3. Miscellaneous updates, located in Articles 1-4, referencing the new M-H district. Manufactured Housing M-H Zone District: Permitted Uses & Standards Each of the City’s zoning districts begins with a purpose statement and a list of permitted land uses available in that district. The new M-H district’s purpose statement reads: The M-H Manufactured Housing District is intended for existing manufactured housing communities located throughout the City. This designation is designed to preserve and support existing manufactured housing communities as the predominant residential use alongside other complementary accessory and nonresidential activities which primarily serve residents of manufactured housing communities. The intention to preserve and support existing manufactured housing communities as part of the new zone district is primarily accomplished by limiting the type and intensity of certain other land uses in the zone district, which may reduce the likelihood that redevelopment occurs and the resulting closure of a community. Two options for the type and amount of permitted land uses to include in the M-H zone district are presented for Council’s consideration below. Option A features fewer permitted uses similar to the list of uses presented to Council at the April 28, 2020 work session. Option B includes the same land uses as Option A along with three additional residential land uses: single-family detached dwellings, two-family dwellings (duplex), and multi-family dwellings up to three units per building (triplex). Agenda Item 18 Item # 18 Page 3 The following tables identify the complete list of permitted land uses and review process for each of the two options: Option A Permitted Land Uses Review Process Shelters for victims of domestic violence Basic Development Review Accessory buildings Basic Development Review Accessory uses Basic Development Review Urban agriculture Basic Development Review Wireless telecommunications equipment Basic Development Review Neighborhood parks as defined by the Parks and Recreation Policy Plan Basic Development Review Manufactured housing community Administrative Review Group homes for up to eight (8) developmentally disabled or elderly persons Administrative Review Extra occupancy rental houses with four (4) or more tenants Administrative Review Places of worship or assembly Administrative Review Minor public facilities Administrative Review Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan Administrative Review Community facilities Planning & Zoning Board Review Neighborhood support/recreational facilities Planning & Zoning Board Review Seasonal overflow shelters Planning & Zoning Board Review Option B Permitted Land Uses Review Process Shelters for victims of domestic violence Basic Development Review Accessory buildings Basic Development Review Accessory uses Basic Development Review Urban agriculture Basic Development Review Wireless telecommunications equipment Basic Development Review Neighborhood parks as defined by the Parks and Recreation Policy Plan Basic Development Review Manufactured housing community Administrative Review Group homes for up to eight (8) developmentally disabled or elderly persons Administrative Review Extra occupancy rental houses with four (4) or more tenants Administrative Review Places of worship or assembly Administrative Review Minor public facilities Administrative Review Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan Administrative Review Community facilities Planning & Zoning Board Review Neighborhood support/recreational facilities Planning & Zoning Board Review Seasonal overflow shelters Planning & Zoning Board Review * Single-family detached dwellings Planning & Zoning Board Review * Two-family dwellings Planning & Zoning Board Review * Multi-family dwellings up to three (3) units per building Planning & Zoning Board Review * Denotes additional land uses permitted compared to Option A Agenda Item 18 Item # 18 Page 4 At the April 28, 2020, Council work session, Councilmembers discussed general support for the permitted uses in Option A and concerns that additional land uses may increase the chance of redevelopment, park closure, and displacement of residents (Attachment 2). Since the work session, staff has completed additional outreach and landowners expressed concerns that Option A is too restrictive and represents a large impact on the property rights of landowners. The more limited set of permitted land uses in Option A is an important design element which facilitates the preservation goals of the zone district. Based on these preservation goals and Council feedback from the work session, staff is recommending Option A permitted uses for the new zone district. If Council wishes to consider additional land use flexibility, staff recommends including those additional residential uses from Option B, or some combination thereof. The Option B uses include other lower-intensity residential uses of a similar scale and intensity to manufactured housing communities and were previously permitted in the City’s former mobile home park zone districts. These uses may also support other community policy objectives to increase housing opportunities for underrepresented housing types such as duplexes or triplexes. Manufactured Housing (M-H) Zone District: Standards The M-H zone district also includes a series of different standards which serve to set a base level for development intensity, safety, and compatibility. As the new zone district is anticipated to apply to properties where existing manufactured housing development is already in place, the proposed standards also seek to minimize nonconformities by generally matching existing patterns of development. The proposed standards include: • A minimum density of 6 dwelling units per gross acre; • A maximum density of 12 dwelling units per gross acre; • A minimum 15-ft required front setback for buildings in a manufactured housing community; • A minimum 10-ft required side and rear setback for buildings in a manufactured housing community; • A minimum 10-ft separation distance between manufactured homes and other buildings; • A maximum building height of 3-stories; • A maximum building footprint size of 5,000 square feet for nonresidential uses; • A minimum of one off-street parking space for each manufactured housing unit in a manufactured housing community. The Land Use Code’s General Development Standards, located in Article 3, would also continue to apply to any redevelopment or other proposed changes to properties located in the M-H zone district. Definitions Staff’s recommendation also includes the substitution and replacement of existing Land Use Code definitions for ‘mobile home’ and ‘mobile home park.’ These terms would be replaced with ‘manufactured home’ and ‘manufactured housing community.’ The revised definitions are designed to better align with updated state and federal terminology for this type of housing, while also specifying the types of accessory uses often associated with manufactured housing communities. The new definitions include: • Manufactured home shall mean a preconstructed, transportable dwelling unit built on a permanent chassis and anchored at the site where it will be occupied as a dwelling unit. The term manufactured home shall also include mobile homes, which are similar transportable dwelling units constructed prior to federal manufactured home standards adopted in 1976. • Manufactured housing community shall mean a parcel of land which has been planned, improved, or is currently used for the placement of five or more manufactured homes. Manufactured housing communities may also contain accessory uses intended primarily for the use and benefit of their residents, including but not limited to clubhouses, playgrounds and recreational amenities, childcare, meeting and assembly spaces, Agenda Item 18 Item # 18 Page 5 retail, and personal and business services. Miscellaneous Code Changes In establishing a new zone district, it is also necessary to make numerous additions throughout the Land Use Code to reference the new zone district or define its inclusion in certain geographic or performance-based standards. Examples include the addition of new references to the M-H zone district for the purposes of measuring residential building heights, establishing the maximum number of group home residents, or a requirement that Council is the final decision-maker for any application involving an Addition of a Permitted Use request. CITY FINANCIAL IMPACTS Adoption of these Code changes will not have a significant impact on City resources. BOARD / COMMISSION RECOMMENDATION Staff held discussions with the Affordable Housing Board (2 meetings), the Human Relations Commission (1 meeting) and the Planning and Zoning Board (3 work sessions, 1 meeting) to discuss the purpose of the Manufactured Housing zone district and associated Code changes. Affordable Housing Board At the July 7, 2020, Affordable Housing Board meeting, the Board voted 5-1 to recommend the preservation of manufactured housing through a new zone district. The Board did not provide any recommendation regarding Option A or Option B of the permitted uses in the zone district. (Attachment 3) In addition to the Board’s recommendation, there was discussion about the process to implement the new zone district and the tension between the district’s preservation goals and the type/amount of permitted land uses. General themes from the Board’s discussion included: • Questions if the City could develop incentives for property owners rezoned to the new zone district given the limited number of the land uses permitted in the zone district. Incentives could also generate interest in voluntary rezoning rather than reliance a City-initiated rezoning process. • Suggestions that adding additional land uses to the zone district could help transition parks to other types of housing, as has occurred in other communities. Other comments suggested if additional land uses are added that they should include some form of affordability requirement. Human Relations Commission Staff provided an update on manufactured housing preservation and residents’ rights strategies at The Human Relations Commission meeting of July 9, 2020. The Commission was generally supportive of the manufactured housing strategies proposed by staff and the efforts to use an equity and inclusion lens as manufactured housing strategies move forward. Planning and Zoning Board At the July 16, 2020 Planning and Zoning Board hearing, the Board voted 4-3 to recommend City Council adopt Option A of the Land Use Code changes. (Attachment 4) The Board had considerable discussion on several topics: • The tensions and tradeoffs between Option A and Option B of the proposed Code changes and the type/amount of permitted land uses to include in the new district. There was discussion that limiting available permitted uses in the zone district helps achieve the primary goals for preservation and to minimize resident Agenda Item 18 Item # 18 Page 6 displacement, however, the new zone district also represents a large impact for property owners and flexibility for the properties in the future. • Discussion about the schedule and outreach/engagement of the Code changes, especially for property owners. The Code changes and any future consideration of rezoning to the new district is a large impact and it is important to ensure stakeholders have had appropriate time to understand the changes. • Questions about the implementation of the new zone district through the rezoning process and whether this was likely to be voluntary or involuntary process. Questions and discussion about how the new zone district standards would be applied in situations where there is an existing nonconformity and/or if partial redevelopment of a site is proposed. Staff previously adjusted some of the Land Use Code changes based on Planning and Zoning Board feedback from prior work sessions, including: • Revisions to the ‘manufactured home’ definition to better align with building code requirements for this type of housing. The terminology ‘anchored to the ground’ replaced previous language describing the use of a foundation system. • Introduced a minimum density requirement to the zone district of 6 units per gross acre. The intent behind this change was to require an equivalent number of housing units for properties in the district if any residential redevelopment is proposed. The threshold was set based on the minimum densities observed in existing manufactured housing communities. PUBLIC OUTREACH Staff followed the engagement plan developed for the residents’ rights and manufactured housing zoning efforts in late 2019 to inform and consult with owners, managers, residents, and local partner organizations associated with the City’s manufactured housing communities. From March 2020 onward, outreach activities transitioned from in-person gatherings to phone and virtual formats due to the COVID-19 pandemic and social distancing requirements. (Attachment 5) Property Owner/Manager Engagement Staff sent property owners and managers written, phone, and email communications throughout 2020 regarding the proposed Manufactured Housing zone district. Prior to COVID-19, staff invited owners and managers from across the Growth Management Area to an information and networking meeting at the Northside Aztlan Community Center in January and held one-on-one “coffee chat” meetings with a majority of managers and several owners in February. Four letters were sent to property owners/managers between February and July using property owner contact addresses from the Larimer County Assessor and Colorado Secretary of State. These letters helped establish ongoing conversations in spring and summer to share draft code language, seek input, and provide information on the adoption schedule/process. Staff has not had direct contact with the property owners of the North College and Cottonwood Manufactured Housing communities and continues to send messages to the physical site offices and publicly listed owner addresses. Resident/Partner Organization Engagement Staff has also been meeting with residents, resident-affiliated groups, and partner organizations to discuss the purpose and goals of the new manufactured housing zone district and Code changes. Similar to outreach with owners and managers, initial activities focused on in-person meetings and events that have since transitioned to virtual formats due to social distancing. Staff conducted phone interviews with individual residents and attended events and activities for manufactured housing residents to share information and details about the new zone district, including meetings with residents Agenda Item 18 Item # 18 Page 7 of Mi Voz, discussions with The Family Center/La Familia and Genesis Project staff, and attended events such as the City’s Mobile Home Park Mini-grants workshops and Home2Health Storytelling Night. Other Engagement Staff also attended or provided updates and solicited input from other local groups and organizations, including: • Chamber of Commerce Local Legislative Affairs Committee • Larimer County Built Environment (Data Working Group & Leadership Team Updates) • Larimer County Planning (City-County coordination meetings) • Home2Health Partner Core Team Input Themes Two primary themes emerged during outreach activities and discussions of the new zone district: • General support from residents of manufactured housing communities for the preservation goals of the new zone district. The district may provide greater certainty that a community will not unexpectedly close due to redevelopment. • Concerns the new zone district is too strict in terms of the permitted land uses and does not allow opportunities for long-term property changes. The zone district presents a large impact on the property rights of owners and limits options in the future. ATTACHMENTS 1. Affordable Housing Redevelopment Displacement Mitigation Strategy (PDF) 2. Work Session Summary (PDF) 3. Affordable Housing Board Minutes July 2020 (Draft) (PDF) 4. Planning and Zoning Board Minutes July 2020 (Draft) (PDF) 5. Engagement Summary (PDF) 6. PowerPoint Presentation (PDF) -1- ORDINANCE NO. 100, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE TO ESTABLISH A MANUFACTURED HOUSING ZONE DISTRICT WHEREAS, City Council acknowledges the significant contribution of manufactured housing communities to the City of Fort Collins and seeks to promote the preservation of the currently existing manufactured housing communities within Fort Collins; and WHEREAS, the Council wishes to reduce the likelihood of resident displacement and loss of affordable housing units by encompassing the existing manufactured housing communities within a new zone district developed specifically for them; and WHEREAS, to accomplish these purposes, the Council desires to adopt the new M-H Zone District to advance the City’s efforts to preserve and support currently existing manufactured housing communities; and WHEREAS, the new M-H Zone District includes a series of different standards that set a base level for development intensity, safety and compatibility within the district; and WHEREAS, the creation of the M-H Zone District requires modifications throughout the Fort Collins’ Land Use Code; and WHEREAS, the Land Use Code changes would bring the City in closer alignment with the updated state and federal terminology relating to manufactured housing; and WHEREAS, the Planning and Zoning Board met on July 16, 2020, and made a recommendation on the Land Use Code changes, voting 4-3 to recommend adoption of this Ordinance by City Council; and WHEREAS, the modification of the Land Use Code to include the M-H Zone District serves the public purpose of preserving and maintaining current manufactured housing communities within the City and is in the best interest of the citizens of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 1.3.1 of the Land Use Code is hereby amended to read as follows: -2- 1.3.1 Establishment of Zone Districts In order to carry out the purposes of this Code, the City is hereby divided into the following zone districts: . . . Manufactured Housing District (M-H) . . . Section 3. That Section 1.3.4(G) of the Land Use Code is hereby amended to read as follows: 1.3.4 – Addition of Permitted Uses . . . (G) Zones Subject to City Council Addition of Permitted Use Review. The City Council shall make all final determinations regarding any addition of permitted use under subsection (C)(3) with respect to a project located, in whole or in part, in any of the following zone districts: . . . 9. Manufactured Housing District (M-H). Section 3. That Section 2.3.2(H) of the Land Use Code is hereby amended to read as follows: 2.3.2 - Overall Development Plan Review Procedures . . . (H) Step 8 (Standards): Applicable. An overall development plan shall comply with the following criteria: . . . (2) The overall development plan shall be consistent with the required density range of residential uses (including lot sizes and housing types) with regard to any land which is part of the overall development plan and which is included in the following districts: . . . -3- (g) The Manufactured Housing District (M-H). See Section 4.11(D)(1). (h) The Community Commercial - North College District (C-C-N). See Section 4.19(D)(1). (i) The Harmony Corridor District (H-C). See Section 4.26(D)(4). (j) The Employment District (E). See Section 4.27(D)(5). . . . Section 4. That Section 3.8.6 of the Land Use Code is hereby amended to read as follows: 3.8.6 Group Home Regulations and Shelters for Victims of Domestic Violence (A) Residential group homes shall conform to the lot area and separation requirements specified in the following table: Zone Maximum number of residents excluding supervisors, for minimum lot size Additional lot area for each additional resident (square feet) Maximum permissible residents, excluding supervisors Minimum separation requirements between any other group home (feet)* . . . . . . . . . . . . . . . R-L, N-C- L, H-C, E, R-F, M-H 3 1,500 8 1,500 . . . . . . . . . . . . . . . . . . (B) Large group care facilities shall conform to the lot area and separation requirements specified in the following table: Zone Maximum number of residents excluding supervisors, for minimum lot size Additional lot area for each additional resident (square feet) Maximum permissible residents, excluding supervisors Minimum separation requirements -4- L-M-N, N-C-M, M-H R-D-R 6 750 15 1,000 . . . . . . . . . . . . . . . Section 5. That Section 3.8.7.1(M) of the Land Use Code is hereby amended to read as follows: 3.8.7.1 Generally . . . (M) Sign Districts. Table (M) Sign Districts Sign District Corresponding Zoning Districts . . . . . . Multifamily N-C-M; N-C-B; M-H . . . . . . Section 6. That Section 3.8.17(A)(2)(c) of the Land Use Code is hereby amended to read as follows: 3.8.17 Building Height (A) Measuring Building Height. . . . (2) Building Height Measured in Stories. In measuring the height of a building in stories the following measurement rules shall apply: . . . -5- (c) A maximum vertical height of twelve (12) feet eight (8) inches shall be permitted for each residential story. This maximum vertical height shall apply only in the following zone districts: U-E; R-F; R- L; L-M-N; M-M-N; N-C-L; N-C-M; N-C-B; R-C; C-C-N; N-C; Sand SH-C; and M-H. . . . Section 7. That Section 3.8.23 of the Land Use Code is hereby amended to read as follows: 3.8.23 Manufactured Housing Regulations Manufactured Housing Communities shall be developed in accordance with the applicable general development standards contained in Article 3, the applicable district standards contained in Article 4, and the regulations contained in Chapter 18 of the City Code. Section 8. That Section 3.8.28 of the Land Use Code is hereby amended to read as follows: 3.8.28 Extra Occupancy Rental House Regulations (A) Extra occupancy rental houses, not including multiple family and single family attached dwellings which shall be governed by Section 3.8.16(E)(2), shall conform to the occupancy limits and separation requirements specified in the following table: Zone Maximum number of permissible residents, excluding occupant family Maximum percentage of parcels per block face that may be used for extra occupancy houses . . . . . . . . . M-M-N, H-M-N, N-C-B, M-H One (1) tenant per three hundred fifty (350) square feet of habitable floor space, in addition to a minimum of four hundred (400) square feet of habitable floor space if owner-occupied. No limit. . . . . . . . . . Section 9. That Section 3.8.31(C)(3) of the Land Use Code is hereby amended to read as follows: -6- 3.8.31 - Urban Agriculture . . . (C) Standards. . . . (3) Notice. At the time of an initial application for an urban agriculture land use within a residential zone (N-C-L, N-C-M, U-E, R-F, R-L, L-M-N, M-M-N, H-M-N, N-C-B, M-H, R-C and P-O-L) or if the urban agriculture land use exceeds one-half (0.5) acre in size, the Director shall determine whether the proposed urban agriculture land use presents a significant impact on the affected neighborhood, and, if so, the Director shall schedule a neighborhood meeting and provide mailed and posted notice for such meeting. Such notice and neighborhood meeting shall be conducted in accordance with Sections 2.2.2 and 2.2.6 of this Code. Section 10. That Section 4.5(B)(3)(a) of the Land Use Code is hereby amended to read as follows: Division 4.5 Low Density Mixed-Use Neighborhood District (L-M-N) . . . (B) Permitted Uses. . . . (3) The following uses are permitted in the L-M-N District, subject to Planning and Zoning Board review: (a) Residential Uses: 1. Manufactured housing communities. . . . Section 11. That Division 4.11 of the Land Use Code shall read in its entirety as follows: Division 4.11 Manufactured Housing District (M-H) (A) Purpose. The M-H Manufactured Housing District is intended for existing manufactured housing communities located throughout the City. This designation is designed to preserve and support existing manufactured housing communities as the predominant residential use alongside other complementary accessory and -7- nonresidential activities which primarily serve residents of manufactured housing communities. (B) Permitted Uses. (1) The following uses are permitted in the M-H District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan: (a) Residential Uses: 1. Shelters for victims of domestic violence for up to fifteen (15) residents. (b) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Urban agriculture. 4. Wireless telecommunications equipment. (c) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (d) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; however, that such existing use shall constitute a permitted use only on such parcel of property. (e) Institutional/Civic/Public Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. -8- (2) The following uses are permitted in the M-H District, subject to administrative review: (a) Residential Uses: 1. Manufactured housing community. 2. Group homes for up to eight (8) developmentally disabled or elderly persons. 3. Extra occupancy rental houses with four (4) or more tenants. (b) Institutional/Civic/Public Uses: 1. Places of worship or assembly. 2. Minor public facilities. 3. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. (c) Commercial/Retail Uses: 1. Child care centers. 2. Adult day/respite care centers. (3) The following uses are permitted in the M-H District, subject to Planning and Zoning Board review: (a) Institutional/Civic/Public Uses: 1. Community facilities. 2. Neighborhood support/recreational facilities. 3. Seasonal overflow shelters. (C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Direction or the Planning and Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited. (D) Land Use Standards. (1) Density. Residential development in the Manufactured Housing District shall have an overall minimum average density of six (6) dwelling units per -9- gross acre, and an overall maximum average density of twelve (12) dwelling units per gross acre. (2) Dimensional Standards. (a) Minimum front setback between any building and the property line shall be fifteen (15) feet. (b) Minimum side and rear setbacks between any building and the property line shall be ten (10) feet. (c) The minimum distance between manufactured homes or other buildings in a manufactured home park shall be ten (10) feet. (3) Building Height. The maximum building height shall be three (3) stories. (4) Maximum Size. The maximum building footprint for all nonresidential uses shall be five thousand (5,000) square feet. (5) Parking. A minimum of one (1) off-street parking space shall be provided for each manufactured home in a manufactured housing community. Section 12. That Section 4.27(B)(3)(a) of the Land Use Code is hereby amended to read as follows: Division 4.27 Employment District (E) . . . (B) Permitted Uses. . . . (3) The following uses are permitted in the E District, subject to review by the Planning and Zoning Board: (a) Residential Uses: . . . 5. Manufactured housing communities. . . . Section 13. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Manufactured home” which reads in its entirety as follows: -10- Manufactured home shall mean a preconstructed, transportable dwelling unit built on a permanent chassis and anchored at the site where it will be occupied as a dwelling unit. The term manufactured home shall also include mobile homes, which are similar transportable dwelling units constructed prior to federal manufactured home standards adopted in 1976. Section 14. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Manufactured housing community” which reads in its entirety as follows: Manufactured housing community shall mean a parcel of land that has been planned, improved, or is currently used for the placement of five or more manufactured homes. Manufactured housing communities may also contain accessory uses intended primarily for the use and benefit of their residents, including but not limited to clubhouses, playgrounds and recreational amenities, childcare, meeting and assembly spaces, retail, and personal and business services. Section 15. That the definition “Mobile home” contained in Section 5.1.2 of the Land Use Code is hereby deleted. Section 16. That the definition “Mobile home park” contained in Section 5.1.2 of the Land Use Code is hereby deleted. Introduced, considered favorably on first reading, and ordered published this 4th day of August, A.D. 2020, and to be presented for final passage on the 18th day of August, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 18th day of August, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk between any other group home (feet)*