Title
An Ordinance amending the Lexington-Fayette County Zoning Ordinance, as follows: amending Article 1 to add a definition for manufactured home and to update the definitions for mobile home and dwelling, and further amending Article 10, relating to the Mobile Home Park (M-1P) zone, in order to be compliant with state regulations regarding manufactured housing. (Urban County Planning Commission). Approval of the Staff Alternative Text 8-0. [Div. of Planning, Duncan]
Summary
[A text Amendment to update the regulations defining manufacture housing in compliance with House Bill 160. ]
Body
[Having considered the above matter on September 25, 2025, at a Public Hearing, and having voted 8-0 that this Recommendation be submitted to the Lexington-Fayette Urban County Council, the Urban County Planning Commission does hereby recommend APPROVAL OF THE STAFF ALTERNATIVE TEXT of this matter for the following reasons:
1. The proposed text amendment makes the necessary change to existing Zoning Ordinance provisions to align with the requirements of House Bill 160 related to manufactured housing units.]
body
WHEREAS, the Lexington-Fayette Urban County Planning Commission considered at a public hearing on September 25, 2025 a text Amendment to Article 1 of the Lexington-Fayette Urban County Zoning Ordinance (“Zoning Ordinance”), to add a definition for “manufactured home” and to update the definitions of “mobile home” and “dwelling,” and further amending Article 10 of the Zoning Ordinance, relating to the Mobile Home Park (M-1P) zone, in order to be compliant with state regulations regarding manufactured housing; said Commission recommending approval of the text amendment by a vote of 8-0; and
WHEREAS, this Council agrees with the recommendation of the Planning Commission; and
WHEREAS, the recommendation of the Planning Commission is attached hereto and incorporated by reference herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That Article 1, Section 1-11 of the Lexington-Fayette Urban County Government Zoning Ordinance be and hereby is amended in part to read as follows:
Sec. 1-11. - Definitions
[…]
Dwelling means a building, or portion thereof, occupied exclusively for residential purposes. This May include a qualified manufactured home, but does not include a mobile home, trailer, or non-qualified manufactured home.
[…]
Manufactured home means a factory-built single-family residential dwelling constructed after June 15, 1976, in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., as amended, and designed to be used as a single-family residential dwelling with or without permanent foundation when connected to the required utilities, and which includes the plumbing, heating, air conditioning, and electrical systems contained therein.
Manufactured home, qualified means a manufactured home that meets all of the following criteria:
1. Is manufactured on a date not to exceed five (5) years prior to the date of installation and has all parts that operate only during transport removed;
2. Is affixed to a permanent foundation and is connected to the appropriate facilities and is installed in compliance with KRS 227.570;
3. Has a width of at least twenty (20) feet at its smallest width measurement or is two (2) stories in height and oriented on the lot or parcel so that its main entrance door faces the street; and
4. Has a minimum total living area of nine hundred (900) square feet.
Manufactured home, non-qualified means a manufactured home that does not meet the necessary criteria to be treated as a qualified manufactured home.
Non-qualified manufactured homes that do not meet the minimum width or square footage requirements for a qualified manufactured home May be treated as a qualified manufactured home if the following criteria are met:
1. The setback requirements or lot dimensions would not reasonably accommodate a home meeting these minimum dimensions;
2. The home is the maximum width and square footage that could reasonably fit on the lot while complying with all applicable setback requirements and other zoning regulations; and
3. The home otherwise meets all other requirements of a qualified manufactured home.
[…]
Mobile home means any factory-built structure, with or without a permanent foundation, built on or prior to June 15, 1976, as defined in KRS 227.550, which is designed and constructed on a permanent chassis to permit occupancy for dwelling or sleeping purposes, either permanent or temporary, when connected to the required utilities; and includes the plumbing, heating, air-conditioning and electrical systems contained therein.
Section 2 - That Article 10 of the of the Lexington-Fayette Urban County Government Zoning Ordinance be and hereby is amended to read as follows:
Article 10 - MOBILE HOME PARK (M-1P) ZONE
Sec. 10-1. - Intent.
The intent of this zone is to ensure that mobile home parks are located in residential areas near major traffic corridors, and are context sensitive to surrounding land uses. The development of such parks should include planned open space and pedestrian circulation. This zone should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.
Sec. 10-2. - Permitted uses.
The uses permitted in an M-1P zone are mobile home parks and those uses and structures which are customarily accessory, clearly incidental and subordinate to a mobile home park, such as satellite dish antennas, playgrounds, swimming pools, tennis courts, and similar non-commercial recreational buildings and facilities. Mobile home parks contain mobile or manufactured homes, which utilize shared access Rd.s and facilities.
Sec. 10-3. - Conditional uses permitted when authorized by the board of adjustment.
(a) Incidental retail uses, such as barber and beauty shops; self-service laundries; news and novelty stands; snack bars and commissaries conducted for the convenience of the residents of any mobile home park containing one hundred fifty (150) or more mobile home lots, when located wholly within a principal building with access only to an interior arcade or open court and having no exterior display space or identification sign visible from any adjacent public right-of-way; and provided that such uses do not exceed a total of two thousand, five hundred (2,500) square feet in area.
(b) Nursery schools, day nurseries, and childcare centers for four (4) or more children when located in a permanent structure, provided there is a fenced and screened play lot.
Sec. 10-4. - Prohibited uses.
In any M-1P zone, all uses other than as specifically permitted are prohibited.
Sec. 10-5. - Structures accessory to mobile homes.
(a) No accessory building shall be constructed as a permanent part of a mobile or manufactured home, nor shall any other device be attached other than a cloth or metal awning or similar device.
(b) Cabanas, ramadas, and other similar permanent structures May be erected in conjunction with a mobile home parking space, and shall not be closer to any other structure or mobile home, other than the one it is intended to serve, than the minimum distance required between mobile homes.
Sec. 10-6. - Maximum height.
The maximum height of any structure in an M-1P zone shall be twenty-five (25) feet.
Sec. 10-7. - Locational standards.
The following locational standards shall be met in the design of a mobile home park:
(a) A mobile home park shall have a minimum of two hundred (200) feet of frontage on a street designated as an arterial or collector street and shall have its principal access to and from said street.
(b) The principal access to and from the mobile home park shall be at a location where traffic congestion does not exist at the present on the street or streets to be utilized for access to the proposed mobile home or trailer park; and the possibility of such congestion in the future shall be minimized by provision in the development plans for proper entrances and exits, and by internal provisions for traffic circulation and parking.
(c) No vehicular entrance or exit from a mobile home park shall be within two hundred (200) feet, measured along streets, from any property line of any lot containing a school; public playground; place of religious assembly; hospital; library; hospital; nursing or personal care facility; orphanage or rehabilitation home, except where such building or property is in another block or fronts on a street on which such mobile home park will have no entrance or exit.
(d) Each proposed mobile home park shall be well drained and properly graded to ensure proper drainage; shall have water service, sanitary sewer service, and shall be located so as to provide for the availability of community facilities and services such as schools, parks, shopping facilities, and Police and Fire protection.
Sec. 10-8. - Minimum design standards.
(a) All new mobile home parks shall have a minimum site area of ten (10) acres. There shall be no area limitations on additions to existing parks containing fifty (50) or more mobile home spaces.
(b) There shall be a minimum of four thousand (4,000) square feet for each home space.
(c) Minimum open space. See Article 20 for additional open space regulations.
(d) Each home lot shall have a minimum of twenty (20) feet of frontage on an improved access Rd. or Dr.way.
(e) Each home shall be located at least twenty (20) feet from any other home, except that the end-to-end clearance shall not be less than fifteen
(15) feet.
(f) Each home shall be located at least twenty (20) feet from any permanent structure, service building or service area within the mobile home park, at least ten (10) feet from any property line, and at least twenty (20) feet from any street or dedicated right-of-way.
(g) No home shall be located closer than twenty (20) feet to any other zone.
Sec. 10-9. - Access Rd.s and parking.
(a) Required Width. All access Rd.s and Dr.ways within a mobile home park shall be paved to a width of not less than twenty (20) feet and shall be improved in accordance with the requirements of the Division of Engineering.
(b) Pedestrian Access. There shall be provided, along one (1) side of each access Rd. and/or Dr.way, a sidewalk not less than five (5) feet in width to provide for pedestrian circulation throughout the mobile home park.
(c) Required Parking. No minimum requirements.
Parking spaces May be located within the access Rd. or Dr.way, provided that the portion thereof to be used exclusively for such parking is improved in accordance with the requirements of the Division of Engineering. The minimum width of an access Rd. or Dr.way on which parking is permitted shall be twenty-nine (29) feet for one-side parking and thirty-eight (38) feet for both-side parking.
Conditional Uses: The Board of Adjustment May establish additional requirements as needed.
Sec. 10-10. - Landscaping.
(a) Screening. Landscaping and screening shall be provided as required by Article 18, Landscape and Land Use Buffers.
(b) Open space. All required open space and other areas not used for mobile home spaces, access, parking, traffic circulation, buildings or service areas, shall be landscaped with grass or a ground cover as defined in Article 18 of this Zoning Ordinance.
Sec. 10-11. - Procedure.
The procedure for obtaining a Zoning Map Amendment to the M-1P zone shall be the same as provided in Article 6 hereinabove and, in addition, as follows:
(a) Preliminary Development Plan Required. A preliminary development plan shall be submitted with the application for a Zoning Map Amendment, with the information as required in Article 21, Development Plans hereinbelow; and, in addition, the location and dimensions of all mobile home spaces, parking spaces and recreation areas.
(b) Final Development Plan Required. Within two (2) years of final approval by the legislative body of any M-1P Zoning Map Amendment, unless an extension is Granted by the Commission, the applicant shall submit a final development plan to the Commission for its review and approval; otherwise, an application to change the M-1P zone to its previous zone, or other appropriate zone May be filed by the Commission as provided by Article 6 hereinabove. The final development plan shall show the information required by Article 21 hereinbelow; and, in addition, the exact location of all mobile home spaces, parking spaces, and recreational areas. The Commission shall approve a final development plan with such conditions as are found necessary to comply with the Ordinance within ninety (90) days after the applicant submits the development plan.
(c) Building Permit Required. No building permit shall be issued until a final development plan has been approved by the Commission and certified to the Division of Building Inspection. The approved final development plan shall limit and control the issuance of all building permits; and shall restrict the construction, location, and use of all land and structures to all conditions set forth in the plan. Amendments to the plan can be made only as provided in Article 21.
(d) Certificate of Occupancy Required. No certificate of occupancy shall be issued until a minimum of fifty (50) mobile home spaces have been completed, have sanitary sewer service available, and are otherwise ready for occupancy, unless a performance bond or letter of credit in an amount specified by the Division of Engineering has been submitted to the Commission to ensure completion of all improvements for the aforesaid fifty (50) spaces.
Sec. 10-12. - Mobile homes and Non-Qualified Manufactured Homes in other zones.
(a) Mobile or Manufactured Homes in Industrial Zones. In any industrial (I-1, I-2) zone, not more than one (1) mobile home, manufactured home, or trailer for each establishment May be occupied as sleeping quarters for a caretaker or watchman.
(b) Mobile Homes and Non-Qualified Manufactured Homes in Agricultural Zones. In any A-R, A-B, A-N or A-U zone, one (1) mobile or non-qualified manufactured home used as a dwelling unit, farm employee accessory to the principal residence, which shall not be permitted to be a mobile home or non- qualified manufactured home, May be located on a farm of forty (40) net acres or more as provided in SubSection (b)(1) through (3) of this Section, below. On a farm of one hundred (100) net acres or more, a second mobile or non-qualified manufactured home used as a dwelling unit, farm employee shall be permitted as set forth in SubSection (b)(1) through (3) of this Section. On farms of two hundred (200) net acres or more, mobile or non-qualified manufactured homes used as dwelling units, farm employee, in addition to the first two (2) permitted, shall be allowed at the rate of one (1) per one hundred (100) net acres, as set forth in SubSection (b)(1) through (3) of this Section. The placement of any mobile home shall comply with all requirements set forth by the Board of Health of the Lexington-Fayette Urban Government and as follows:
|
Lot Size (net acres) |
Number of Permitted Mobile or non-qualified manufactured Homes |
|
40 Acres |
1 2 3 4 |
|
100 Acres |
|
|
200 Acres |
|
|
300 Acres |
|
(1) In any A-R, A-B, A-N or A-U zone, no mobile or non-qualified manufactured home shall be located closer than three hundred (300) feet to any existing or proposed right-of-way, nor shall any mobile or manufactured home be located in a designated floodplain. One (1) or more of the occupants of all mobile or non-qualified manufactured homes must be employed full-time in agricultural activity on the farm on which such mobile is located; or the mobile or non-qualified manufactured home must be used as an accessory dwelling by parents, or natural or adopted children of the owner of the primary dwelling unit of the farm. No mobile or non-qualified manufactured home shall be located closer than three hundred (300) feet to any property line.
(2) No more than one (1) Dr.way to any or all mobile or non-qualified manufactured homes located on property having common ownership shall be permitted for the first seven hundred fifty (750) feet of frontage. For property having more than seven hundred fifty (750) feet of frontage, additional Dr.ways shall be permitted at the rate of one (1) per five hundred (500) feet of frontage.
(3) In an A-R, A-B, A-N or A-U zone, all mobile or non-qualified manufactured homes shall be fitted with skirtings around the base so as to conceal any wheels and/or chassis, and the towing tongue shall be removed.
(4) Any mobile home unoccupied for a period of one (1) year shall be required to be removed from the premises.
Sec. 10-13. - Enlargement of existing parks.
Any enlargement or extension of any existing mobile home park shall be in accordance with the requirements of this Article.
Sec. 10-14. - Compliance with other law.
Conformity with the standards established in this Ordinance shall not relieve the owner or operator of a mobile home park from compliance with all other requirements of the law.
Section 3 - That this Ordinance shall become effective on the date of its passage.
PASSED URBAN COUNTY COUNCIL:
MAYOR
ATTEST:
________________________________
CLERK OF URBAN COUNTY COUNCIL
PUBLISHED:
0991-25:Tracy:4897-1704-6899, v. 3