HomeMy WebLinkAboutReplacement of Non-Conforming Mobile Home PolicyPolicy -02-21.
Replacement of Non-Conforming Mobile Homes
November 29,2021.
Sheryl Bower, AICP
Director Community DeveloPment
Background
Periodically the Community Development Department receives requests for replacement of
older mobile homes that are no longer viable for occupancy based on their aging condition. The
Land Use and Development Code includes mobile homes within the definition of Manufactured
Homes. Section 10-103 Nonconforming Land Use of the Land Use and Development Code in
Subsection 10-103(BX4) addresses the replacement of a mobile home that is a nonconforming
use (see excerpt below)
B. Permissible Alterations of Nonconforming Land Uses'
The following are permissible alterations of a nonconforming land use:
1. Normal or routine maintenance of the structure containing the
nonconforming use;
2, A change in ownership of the property upon which the nonconforming
land use is located-
3. Owners of legal building lots containing agricultural uses which have
become nonconforming as a result of adoption or amendment of this
Code may restore, modiff, and maintain existing conforming structures,
and may construct new conforming structures, provided such structures
are directly related to the agricultural use.
4. The replacement of a Mobile Home that is also a nonconforming use by
another Mobile Home on the same lot, provided that the replacement
Mobile Home oonforms to the Building Code.
5. A legal but nonconforming lot created priorto October 13,2008, may be
built upon with a conforming structure.
Policy Determination
ln the case where a mobile home is proposed for replacement the provisions of Section L0-
103(BX4) shall apply and allow for replacements that also meet the following provisions
A. Mobile homes can be replaced with units that meet the definition for Manufactured
Home - Mobile Home contained in Article 1.5 of the Land Use and Development Code.
Replacement by a factory built compartmentalized or prefabricated home is not allowed.
B. Mobile homes less than 1500 sq.ft. can be replaced with units that increase the size up to
a maximum of 1500 sq.ft. Mobile homes larger than 1500 sq.ft. may not increase the size
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of the un¡t and shall be llmlted to thelr exlstlng square footage. The r¡nits must also
comply with all other zoning standards including but not limited to setbacks, lot coverage,
and floor area ratio.
C. A mobile home that was previously nory,qtnf.orming but has become conforming based
on Text Amendments to the Land Use and Dgvelppment Code allowing for accessory
dwelllngs can still be replaced in accordanee:fulth SBction 10-103{BX4}.
D. A mobile home that was perm¡tted based on*it b.lig an Accessory Dwelling Unit, cannot
be replaced with a unit that does not comply with the ADU Standards including the size
llmltatlon to less than 1,000 sq.ft. .J
E, lf the replacement mobile home is served by an OWTS, confirmation that the system is
adequately sized (based on the number of bedrooms) to serve the unit shall be required,
F. The replacement unit shall meet certifications and regulations in effect by the Colorado
Division of Housing (CDOH) and installed pursuant to the mobile home manufacturer's
installation ¡nstruct¡ons. Site built construction, if any applies, shall be completed per
Garfield County's adopted Building Codes.
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