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Barry City Zoning Code

CHAPTER 8

MOBILE HOME PARKS

10-8-1: DEFINITION:

As used in this Chapter, the term "mobile home" means a structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one or more persons, but shall not include such structures which exceed sixteen feet (16') in width and would otherwise fall within this definition of structures commonly referred to as "modular homes". (Ord. 96-3, 8-5-1996)

10-8-2: SCOPE:

This Chapter shall be considered a conditional use provision, and provides for the following:
   A.   Defining and regulating mobile home parks;
   B.   Establishing minimum standards governing the construction of mobile home parks;
   C.   Establishing minimum standards governing the provided utilities and facilities and other physical things and conditions of making mobile home parks safe, sanitary, and fit for human habitation;
   D.   Fixing the responsibilities and duties of owners and operators of mobile home parks. (Ord. 96-3, 8-5-1996)

10-8-3: EXISTING MOBILE HOMES:

Any mobile home moved into the City limits must be in a mobile home court. Any existing mobile homes will be grandfathered into the regulations of this Chapter, as will any existing mobile home lots, as long as ownership of the lot does not change. When ownership of a lot changes, the mobile home on the lot may remain on the lot as long as it is kept in good condition. Once that mobile home is removed, no other mobile home may be placed on that lot. (Ord. 96-3, 8-5-1996)

10-8-4: MINIMUM REGULATIONS:

Each park to be constructed under the provisions of this Title shall adhere to the minimum regulations as are required by the Illinois State Department of Health regulating mobile home park sanitation. The Department of Health regulations establish health, sanitation and safety standards for all parks in Illinois. (Ord. 96-3, 8-5-1996)

10-8-5: PERMIT REQUIREMENTS:

   A.   Application For Permit: In order to obtain a conditional use permit to construct a new mobile home park or an addition to an existing mobile home park, the applicant shall file with the Zoning Administrator a written application setting forth:
      1.   The full name and address of the applicant or applicants.
      2.   Location and legal description of the tract of land, certified on a plat of a survey by an approved registered land surveyor drawn to scale of one inch equals one hundred feet (1" = 100'), or larger.
      3.   The proposed and existing facilities in the park for water supply, for sewage, for garbage and waste disposal, for fire protection, and for a sanitary community building which will include a description of toilets, urinals, sinks, wash basins, slop sinks, showers, drains and laundry facilities, the proposed alterations therein, and the maintenance thereof.
      4.   The proposed method of lighting the structures and land upon which the park is to be located.
      5.   The plans of the park drawn on a scale of one inch equals fifty feet (1" = 50'), containing, among other things, the following:
         a.   The date on which such plot plans were prepared.
         b.   An arrow indicating north direction.
         c.   All mobile home sites shall be properly numbered on the plot plans.
         d.   Complete information regarding storm sewers.
         e.   Storm water runoff shall be shown on a separate plat.
         f.   Grades of driveway and all ditches shall be shown on a separate plat.
         g.   Contour lines with intervals of not more than five feet (5') where the slope is greater than ten percent (10%), and not more than two feet (2') where the slope is less than ten percent (10%) shall be shown on a separate plat, and the United States Geological Survey data shall be used for the preparation of such a plat. (Ord. 96-3, 8-5-1996)
   B.   Application Review:
      1.   Upon receipt of an application for a zoning permit to construct a park, the Zoning Administrator shall, if the park is or the proposed park will be in conformity with this Title, issue a permit to construct. If the application for a permit to construct is declined, the Zoning Administrator shall give the reasons therefor in writing to the applicant; and if the objections can be corrected, the applicant may amend his application and re-submit it for approval.
      2.   No person shall provide or install a mobile home park until the plans thereof have been submitted to and approved by the State Department of Health.
      3.   No change in any sanitary facilities, methods of water supply, sewer, drainage and garbage or waste disposal, and no change in the plot plan shall be made without first making a written application to the Zoning Administrator and receiving a permit therefrom.
      4.   Such a permit does not relieve the applicant from securing any other permit or certificate or from complying with any other ordinances of the City.
      5.   No mobile homes manufactured before 1965 shall be permitted to be placed in any mobile home park.
   C.   Permit Required; Fee:
      1.   No person shall construct a mobile home park without first obtaining a zoning permit to do so. Each certificate and permit to construct, and each certificate or permit to make alterations therein shall be prominently displayed in the office of the mobile home park for which the same was issued.
      2.   In addition to the application fee provided for herein, the permittee shall pay to the Zoning Administrator on or before January 1 of each year an annual license fee which shall be fifty dollars ($50.00) for each mobile home space in the park.
      3.   Each permit fee shall be paid to the Zoning Administrator by a separate certified check or United States money order in the amount of the license fee only, and any license fee or any part thereof once paid to and accepted by the Zoning Administrator shall not be refunded if the license is granted. The Zoning Administrator shall deposit all funds received under this Title with the City Clerk.
   D.   License Transfer: Licenses issued hereunder apply only to the premises described in the application and in the license issued thereon, and only one location shall be so described in each license. A license which has been issued to a person may not be transferred to any other person without written consent of the Zoning Administrator. However, the Zoning Administrator may not withhold such consent where the provisions of this Title have been met.
   E.   Permit Revocation: Any license granted hereunder shall be subject to revocation by the Zoning Administrator. However, the Zoning Administrator shall first serve or cause to be served upon the permittee a written notice in which shall be specified the way or ways in which such permittee has failed to comply with this Title. Said notice shall require the permittee to remove or abate such nuisance, unsanitary or objectionable condition specified in such notice within a reasonable time. If the permittee fails to comply with the terms and conditions of said notice within a reasonable time, the Zoning Administrator may revoke or suspend such license. (Ord. 96-3, 8-5-1996)

10-8-6: ENVIRONMENTAL, OPEN SPACE AND ACCESS REQUIREMENTS:

   A.   Location And Land Specifications: Every park to be constructed under the provisions of this shall provide for the following in the manner specified:
      1.   No park shall be so located that the drainage of the park area will endanger any water supply. All such parks shall be well drained and shall be located in areas free from ponds, swamps, and similar places in which mosquitoes may breed. No wastewater from mobile homes shall be deposited on the surface of the ground, except State-approved systems may be used.
      2.   All land proposed for mobile home parks shall be adequately protected against flooding.
      3.   The tract of land involved shall be an area of not less than one acre.
      4.   Exposed ground surfaces in all parts of every park shall be paved or covered with stone screenings or other solid material or protected with a grass or sod growth that is capable of preventing soil erosion and the emanation of dust during dry weather.
   B.   Nuisance Conditions Prohibited: All parks shall be maintained free of nuisances such as excessive heat, glare, vibration, smoke, toxic matter, radiation and fire or explosive hazards.
   C.   Swimming Pools:
      1.   Fence Enclosures: Swimming pools shall be screened, fenced, or secured when not in active use to prevent injury. Fencing or other artificial enclosures shall completely enclose the pool area.
      2.   Construction And Maintenance: Swimming pools shall be constructed and maintained in accordance with the requirements of the State Department of Public Health.
   D.   Density And Separation: Required mobile home density and separations between mobile homes:
      1.   The minimum lot area per mobile home unit site within the mobile home park shall be not less than seven thousand two hundred (7,200) square feet.
      2.   The minimum lot width per mobile home unit site within the mobile home park shall be sixty feet (60'). Each lot shall be clearly defined by a permanent marker in the ground.
      3.   The minimum distance between neighboring mobile homes shall not be less than twenty feet (20'), each home to be ten feet (10') from the boundary line.
   E.   Setbacks And Buffer Strips: Required setbacks, buffer strips, and screening in mobile home parks:
      1.   All mobile homes shall be located as follows from any park boundary line abutting upon a public street or highway:
         a.   One hundred foot (100') setback on Federal highways.
         b.   Fifty foot (50') setback on State highways.
         c.   Thirty five foot (35') setback on all County, township, or City roads, or streets.
         d.   At least ten feet (10') from other park boundary lines.
      2.   All mobile home sites shall provide a front yard of not less than thirty feet (30') measured from the edge of the pavement.
   F.   Park Street System:
      1.   All parks shall provide safe, continuous and convenient vehicular access from abutting public streets or roads to each mobile home space. For purposes of this Chapter, all streets shall hereinafter be referred to as "park street system" and shall be maintained by the owner/owners, or dedicated to the City.
      2.   The primary entrance road connecting the park street system with a public street or road shall have a minimum road pavement width of thirty six feet (36') where guest parking is permitted at both sides, or a minimum road pavement width of thirty feet (30') where parking is limited to one side.
      3.   In addition to the required primary entrance road, all parks containing twenty five (25) acres in total area and/or providing for the accommodation of two hundred (200) or more mobile homes shall have at least one secondary entrance road connecting the park street system with a public street or road. Such secondary road or roads shall have a minimum pavement width of twenty five feet (25'). Where primary and secondary entrance roads connect to the same public street or road, there shall be minimum separation of one hundred fifty feet (150') between such access points. Where this is not feasible or possible, clearly marked one-way entrance and exit lanes with at least a fifteen foot (15') wide median strip is acceptable, provided the pavement width of each one- way road is at least twenty five feet (25').
      4.   The minimum road width of interior one-way streets with parking permitted on one side shall be at least twenty one feet (21'). The minimum road width of two-way streets with parking permitted on one side shall be thirty feet (30'). The minimum width of two-way streets without parking permitted shall be twenty feet (20'). Dead-end streets shall be limited in length to five hundred feet (500') and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least one hundred twenty feet (120').
      5.   All streets shall be improved with an asphaltic concrete surface, concrete or some comparable all-weather dustless material.
   G.   Required Off-Street Parking: Off-street parking shall be provided in all parks for the use of park occupants and guests. Such areas shall be furnished at the rate of at least one off-street parking space for each mobile home park lot and one additional space for each four (4) such lots to accommodate guests. A minimum of one hard surfaced, off- street parking space for each mobile home shall be provided on each mobile home site.
   H.   Existing Mobile Home Parks: Any mobile home park which existed upon the effective date of the Ordinance codified in this Title shall be regarded as a nonconforming use and may be continued, except that any change in layout, expansion, or extension shall be subject to all provisions of this Chapter and the Illinois Department of Health.
   I.   Restrictions:
      1.   Mobile homes shall only be placed in the R-1 District.
      2.   No mobile homes will be allowed one hundred twenty feet (120') from the right of way of the following streets:
      Bainbridge Street.
      Decatur Street.
      Main Street.
      Mortimer Street.
      Rodgers Street. (Ord. 96-3, 8-5-1996)

10-8-7: UTILITIES:

   A.   Electric Outlets: An electrical outlet supplying three (3) wire 110-220 volts shall be provided for each mobile home space. Such outlet shall be equipped with an externally operated fuse switch of not less than one hundred (100) amperes capacity and a heavy duty outlet receptacle. Each mobile home space shall be separately grounded.
   B.   Backflow Valve: All buildings and residences must be equipped with a backflow valve.
   C.   Water Supply System: Each park shall have a water supply system capable of providing a sufficient supply of potable water under adequate pressure to all mobile homes, service buildings, fire hydrants, drinking fountains, and other accessory facilities. Such system shall be designed, constructed and maintained in accordance with the State standards of Illinois Department of Health and/or standards currently enforced by local departments.
   D.   Sewage And Waste Disposal System: All sewage and other water-carried waste shall be disposed of into a common sewage system. All provided sewage systems shall be constructed in conformity with all laws of the State of Illinois, regulation of any department, division or board of the State of Illinois, and any other ordinance of the local governing body relative thereto. Each trailer or mobile home site shall be provided with a sewer connection for the combined liquid waste outlet or outlets of each mobile home. It shall be the duty of the owner or operator of said mobile home park to provide an approved type of water and odortight connection from the mobile home water drainage to the sewer connection, and it shall be the duty of said owner or operator to make such connection and keep all occupied mobile homes connected to said sewer while located in a mobile home park. Sewer connections on unoccupied mobile home sites shall be so closed that they will not emit odors or cause a breeding place for flies. No water or waste shall be allowed to fall on the ground from a mobile home.
   E.   Garbage Containers: A sufficient number of adequate fly-proof and watertight containers shall be supplied for the storage of garbage.
      1.   Garbage containers shall be emptied at least once a week and shall not be filled to overflowing, or allowed to become foul smelling, or a breeding place for flies.
      2.   Garbage and rubbish shall be disposed of in a manner which creates neither a nuisance nor a menace to health and which is approved by the Zoning Administrator.
      3.   Adequate insect and rodent control measures shall be employed. All buildings shall be fly- and rodent-proof and rodent harborages shall not be permitted to exist in the park. (Ord. 96-3, 8-5-1996)

10-8-8: ALTERATIONS, ANCHORAGE AND OCCUPANCY:

   A.   Compliance With Regulations: All building, plumbing, heating, air-conditioning, and electrical alterations or repairs in mobile home parks and individual mobile homes therein shall be made in accordance with applicable local regulations for R-1.
   B.   Permits Required: No permanent or semi-permanent structures shall be affixed to any mobile home, nor shall any accessory structure be permitted on any mobile home lot, except those structures designed for use with a mobile home, such as: canopy, carport, awning, any expansion unit or other accessory structure specifically manufactured for mobile homes, unless a permit to do so is obtained from the Zoning Administrator, as required for the construction of a new building.
   C.   Concrete Runways: Each mobile home site shall have two (2) reinforced concrete runways for the mobile home to set upon. Each of said runways shall be not less than three feet (3') in width. The distance between the center lines of the two (2) runways, situated on each mobile home site, shall be at least four and one-half feet (41/2'). The concrete depth of each runway shall be no less than four inches (4"), and the runway must be no less than equal to the length of the mobile home.
   D.   Anchoring And Skirting: All mobile homes shall be anchored in an approved manner at each corner of the structure to gain maximum protection against high velocity winds. In addition, all mobile home units shall be installed with approved skirting. Wheels, axles, and tongues of all mobile homes must be removed.
   E.   Storage Structures: Small storage structures are permissible within ten feet (10') of mobile homes, provided they are:
      1.   Not larger than eight feet by ten feet (8' x 10') in floor area and not more than six feet (6') in height.
      2.   Constructed entirely of fireproof materials such as sheet metal.
      3.   Capable of being completely and easily disassembled and are readily portable.
      4.   Used only for storage purposes.
      5.   Not attached to a mobile home and not used as an auxiliary room, or otherwise used for dwelling or living purposes.
      6.   So constructed and maintained that a rat harborage is not created.
   F.   Storage Cupboards: Small storage cupboards, if neatly and substantially constructed, shall also be considered permissible within ten feet (10') of mobile homes, even when constructed of nonfireproof materials, provided they are:
      1.   Serviced without walking into the structure.
      2.   Equipped with shelves so arranged as to prevent a person stepping or walking into the structure.
      3.   Do not create a rat harborage.
      4.   Placed no closer than fifty feet (50') from any street.
   G.   Mobile Home Occupancy: Occupancy of the mobile home shall be limited to the design capacity of the mobile home. This is established by the number of sleeping spaces provided in the mobile home.
   H.   Connection To Sewer: No mobile home shall remain in a mobile home park for a period exceeding fifteen (15) days without connection to the permanent sanitary sewer system of the park.
   I.   Temporary Parking: Emergency or temporary stopping or parking of a mobile home shall be permitted on any street, alley or highway for not longer than eight (8) hours, subject to any other prohibitions, regulations, or limitations imposed by the traffic and parking regulations or ordinances for such street, alley or highway. (Ord. 96-3, 8-5-1996)

10-8-9: EXCLUSIONS:

Nothing in this Chapter shall be construed to include the State parks of Illinois, and the term "mobile home park" shall not be construed to include buildings, tents, or other structures maintained by any individual or company on their own premises and used exclusively to house their own farm labor; or any military establishment of the United States or of this State wherein a mobile home(s) may be located or harbored; or any park on State or County fairgrounds for a period during, immediately prior to, and immediately subsequent to the holding of the fair, not to exceed a total of two (2) weeks in all; or the area or premises on any farm upon which are harbored mobile homes occupied by persons employed on such farm for not more than ninety (90) days in any calendar year in the production, harvesting or processing of agricultural products produced on such farm. (Ord. 96-3, 8-5-1996)

10-8-10: ANNUAL INSPECTION:

The Zoning Administrator shall enforce the provisions of this Chapter and shall inspect, at least once each year, each mobile home park and all the accommodations and facilities therein. The Zoning Administrator is hereby granted the power and authority to enter upon the premises of such mobile home park at any time for the purposes herein set forth. (Ord. 96-3, 8-5-1996)

10-8-11: APPEALS; HEARINGS:

Any person refused a license or a permit to construct or alter a mobile home park, or whose license is suspended or revoked, shall have the right to a hearing before the Zoning Board of Appeals. The Zoning Board of Appeals shall have full power to conduct each hearing, issue subpoenas, administer oaths and affirmations and all other powers necessary to such hearing.
   A.   Hearings Open To The Public: All hearings before the Zoning Board of Appeals shall be open to the public.
   B.   Minutes Of Proceedings: The Zoning Board of Appeals shall keep minutes of the proceedings showing its determination and shall also keep records of its other official actions.
   C.   Notice Of Hearing: No hearing shall be held before the Zoning Board of Appeals until notice of the time and place of the hearing have been published in a newspaper of general circulation in the City at least fifteen (15) days prior to the hearing date, said notice to contain the particular location of the mobile home park and a brief statement as to the reason the hearing is being held. (Ord. 96-3, 8-5-1996)

10-8-12: PENALTY:

Whoever violates any provision of this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code. Each day's violation shall constitute a separate offense. (Ord. 96-3, 8-5-1996; 1997 Code)