2017-0351
INTRODUCED BY: LARRY COCHRAN, PARISH PRESIDENT
(DEPARTMENT OF PLANNING & ZONING)
ORDINANCE NO. ___________
Title
To amend the St. Charles Parish Zoning Ordinance of 1981, as amended, to revise the terms "mobile home" and "manufactured home" throughout the ordinance.
Body
WHEREAS, the Manufactured Home Construction and Safety Standards Act of 1974 established federal standards for the design, construction, and installation of manufactured homes to assure the quality, durability, safety, and affordability (known as the HUD Code); and,
WHEREAS, the HUD Code preempts state and local laws that are not identical to the federal standard and applies to all manufactured homes; and,
WHEREAS, the HUD Code uses the term "manufactured home" as a replacement for the term "mobile home”; and,
WHEREAS, as a result of the federal law, the term "mobile home" is generally used to refer to transportable homes which were produced prior to the date of the adoption of the HUD Code (June 16, 1976), and the term "manufactured home" is generally used to refer to a transportable home that was produced after that date and certified as meeting the HUD Code; and,
WHEREAS, the St. Charles Parish Council wishes to ensure that the terms are accurate in the St. Charles Parish Zoning Ordinance of 1981.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the St. Charles Parish Zoning Ordinance of 1981, Section III. Definitions, is amended as follows, with additional text in bold and deleted text in strikethrough:
Manufactured home: A dwelling unit, designed and built in a factory, which bears a seal certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law (42 U.S.C. 5401 et seq.). The term shall include "manufactured housing." A manufactured home shall be a minimum of fourteen (14) feet in width; shall have a pitched, shingled roof, exterior siding which is residential in appearance; and shall be placed on a permanent foundation which provides a complete enclosure of the area between the floor joists or chassis and the ground upon which it is placed.
Mobile home: A structure equipped for use as a dwelling and designed to be transported or by hauling hauled along a highway or public street. Mobile homes may or may not be certified by the Federal Manufactured Housing Construction and Safety Standards Law.
SECTION II. That the St. Charles Parish Zoning Ordinance of 1981, Section VI. Zoning district criteria and regulations, K. 2. Paul Maillard Revitalization Overlay District Code Use Regulations is amended as follows, with additional text in bold and deleted text in strikethrough:
2.1. Permitted uses.
A. All uses permitted by right in the underlying zoning district, except uses prohibited under section 2.2. Prohibited uses, are permitted.
B. All commercial uses and residential uses, whether or not permitted in the underlying zoning district, except uses prohibited under section 2.2. Prohibited uses, are permitted.
2.2. Prohibited uses. The following uses are prohibited within the entire overlay district.
A. Mobile homes, manufactured homes, and trailers.
B. Outdoor storage as primary use.
SECTION III. That the St. Charles Parish Zoning Ordinance of 1981, Section VI. Zoning district criteria and regulations, K.1. Paul Maillard Revitalization Overlay District Code, General is amended as follows, with additional text in bold and deleted text in strikethrough
1.4.2 Exemptions.
A. The Paul Maillard Overlay District shall not apply to one-family and two-family residential uses.
i. This exemption shall not be interpreted to permit mobile homes, manufactured homes, trailers, or RVs in the District.
B. Structures in one-family and two-family residential use within commercial zoning districts are not required to comply with District regulations.
C. One-family and two-family residential structures are allowed, but not required, to comply with setbacks and building design standards set forth in sections 3.2 and 3.3.
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this ______ day of ___________, 2017 to become effective five (5) days after publication in the Official Journal.
CHAIRMAN:______________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________RECD BY: _____________________________