A.   Incorporation: Sections 9-2-2, "Interpretation Of Terms And Words" and 9-2-3, "Definitions", of this title are incorporated into this chapter by reference.

   B.   Additional Definitions: Additional definitions of words used in this chapter:

   ACCESSWAY: An unobstructed way of specified width containing a drive or roadway which provides vehicular access within a mobile home park and connects to a public street.

   AWNING: Any stationary structure, other than a window awning, used in conjunction with a mobile home for the purpose of providing shelter from the sun and rain and having a roof with supports and not more than one wall or storage cabinet substituting for a wall.

   ESTABLISHED GRADE: The high point of the sidewalk at the front or side lot line as established by the city.

   MOBILE HOME SPACE: A plot of land within a mobile home park designed for the accommodation of one mobile home.

   PARK: A mobile home park. (1974 Code § 4-2501)

This chapter establishes minimum standards and requirements for the occupation of mobile homes and for the construction and operation of mobile home parks, especially as they relate to adjacent land uses and to the development of the whole community, in order to protect and secure the public health, safety and general welfare of the city. (1974 Code § 4-2502)

No building permit shall be issued for the construction of a new mobile home park or expansion of an existing mobile home park within the city limits and/or the city area of impact until the proposed location is approved by the planning and zoning commission and a conditional use permit for mobile home park purposes is granted following a public hearing held in accordance with the procedures set forth in this title. The conditional use permit shall only be granted upon a showing being made to the satisfaction of the commission that such action will be compatible with the overall development of the area where the mobile home park is proposed to be constructed. Such showing shall be made in accordance with the following procedures:

   A.   Application; Fee: Application for a conditional use permit shall be made to the planning and zoning clerk. The application shall be accompanied by a filing fee of one hundred dollars ($100.00), which shall not be refundable. The planning and zoning clerk shall in turn transmit the application to the planning and zoning commission.

   B.   Plot Plan Required: The application for a conditional use permit to construct a new mobile home park or the expansion of an existing mobile home park shall be accompanied by four (4) copies of the plot plan of the proposed park. The plot plan should show the general layout of the entire mobile home park, and should be drawn to a scale not smaller than one inch representing fifty feet (1" = 50'). The following information is required on the plot plan:

      1.   Name of the person who prepared the plan.

      2.   Name of the mobile home park and address.

      3.   Scale and north point of the plan.

      4.   Vicinity map showing relationship of mobile home park to adjacent properties.

      5.   Boundaries and dimensions of the mobile home park.

      6.   Location and dimensions of each mobile home space. Designation of each space by number or letter combination.

      7.   Location and dimensions of each existing or proposed building.

      8.   Location and width of accessways.

      9.   Location and width of walkways.

      10.   Location of each lighting fixture for lighting the mobile home spaces and grounds.

      11.   Location of recreation areas and buildings, and area of recreation space in square feet.

      12.   Location and type of landscaping plantings, fence, wall or combination of any of these or other screening materials.

      13.   Location of point where mobile home park water and sewer and electric and gas services system connect with the public systems.

      14.   Location of available fire and irrigation hydrants.

      15.   Enlarged plot plan of a typical mobile home space, showing location of the patio, parking, sidewalk, utility connections and landscaping.

   C.   Detailed Plans: In addition to the plot plan, detailed plans are required for all of the following showing:

      1.   New structures.

      2.   Water and sewer systems.

      3.   Electrical systems.

      4.   Natural gas, propane or butane systems, where applicable.

      5.   Cable TV or similar systems, where applicable.

      6.   Road, sidewalk and patio construction.

      7.   Drainage system.

      8.   Recreation area improvements.

      9.   Swimming pool specifications, where applicable.

      10.   Any system which provides services of any kind to two (2) or more mobile home spaces.

   D.   Conditional Use Permit Required: A conditional use permit shall be subject to the plans and other conditions upon the basis of which it was granted.

   E.   Failure To Comply; Revocation: In the event of failure to comply with the plans and/or other conditions of the conditional use permit, the planning and zoning commission may, after notice and hearing, revoke the conditional use permit.

   F.   Additional Permits: A conditional use permit to install a mobile home park shall not be construed as a substitution for regularly required permits such as for building, plumbing, electrical or gas installation. (1974 Code § 4-2503)

   A.   Density: With approval of the commission, the density may exceed the zoning district density by twenty five percent (25%), but, in no case, shall exceed eight (8) mobile homes per gross acre. If a street widening or terminating dedication is required, the amount of land dedicated shall be subtracted from the gross site area when calculating the proposed density.

   B.   Setback Regulations: Mobile home parks shall be set back at least ten feet (10') from any interior property line abutting residentially, commercially or industrially zoned property. The setback from any abutting public street right of way shall be at least twenty five feet (25'). Said required setback shall be a line parallel to and measured at right angles from the front, side or rear property line.

   C.   Established Boundaries: A minimum six foot (6') ornamental fence or wall, chainlink fence, evergreen plantings or combination of fence and planting shall surround the mobile home park. Such fence, wall or planting may be placed up to the front property line if adequate vision clearance for entrance and exits is maintained.

   D.   Parking Requirements:

      1.   Mobile Home Space: There shall be two (2) vehicle parking spaces at least nine feet by nineteen feet (9' x 19') in size for each mobile home space, with clear and unobstructed access to an accessway. Any parking in the accessway shall not fulfill this requirement.

      2.   Guest Parking: Guest parking shall be provided on a mobile home park parking site at the rate of one space for each mobile home space if the required accessway is less than thirty four feet (34') of surfaced roadway.

   E.   Access To A Public Street: A mobile home park must have two (2) accesses to a public street or streets having not less than fifty six feet (56') of right of way width. Each park shall have not less than sixty feet (60') of frontage on a public street, except as authorized by the planning and zoning commission. No mobile home space shall be located in such a manner that a public street must be used to maneuver the mobile home into the space.

   F.   Service Buildings: Service buildings housing sanitation facilities, where provided, shall be permanent structures complying with all applicable city and state ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.

   G.   Structures: Structures located on any mobile home space shall be limited to a storage building, carport or garage.

   H.   Skirting: Skirting of mobile homes is required within thirty (30) days of installation.

   I.   Permitted Uses Within The Park: No building, structure or land within the boundaries of a mobile home park shall be used for any purpose except for the following:

      1.   Mobile homes or manufactured homes for residential use only, together with the normal accessory uses to residential living such as cabana, ramada, patio slab, carport or garage, and a storage or washroom building.

      2.   Private and public utilities.

      3.   Community recreation facilities, including swimming pools.

      4.   A fixed residence for the use of a caretaker or a manager responsible for maintaining the operation.

      5.   Recreational vehicle parking spaces for temporary parking if a permit for a recreational park is obtained as part of the mobile home park permit 1 . (1974 Code § 4-2504)

The following shall be considered the minimum site requirements for a new mobile home park or the expansion of an existing mobile home park:

   A.   Accessways: Accessways shall connect each mobile home space to a public right of way and shall be a minimum of thirty four feet (34') in width. Where the entrance accessway is divided by a median planting strip, the minimum width shall be fifty feet (50') and each side shall then be one-way.

   B.   Recreation Area: A minimum of two hundred (200) square feet of recreation area shall be provided for each mobile home space. The recreation area may be in one or more locations in the park. At least one recreation area shall have a minimum size of five thousand (5,000) square feet, and be of a shape that will make it usable for its intended purpose. (1974 Code § 4-2505)

   C.   Electrical Outlets:

      1.   Installation of outlets to serve each mobile home shall comply with provisions of the electrical code. (1974 Code § 4-2505; amd. 2010 Code)

      2.   An electrical permit is required for inspection of any placement or replacement of mobile homes in the park. (1974 Code § 4-2505)

   D.   Natural Gas, Propane And/Or Butane:

      1.   Installation Of Outlets: Installation of outlets to serve each mobile home shall comply with provisions of the codes relating to such installation. (1974 Code § 4-2505; amd. 2010 Code)

      2.   Permit Required: A gas, propane or butane permit is required for inspection of any placement or replacement of mobile homes in the park. (1974 Code § 4-2505)

   E.   Sewage Disposal:

      1.   Connection To Public System Required: All plumbing in the mobile home park must connect to the public sewer system and shall comply with the plumbing code adopted by the city. (1974 Code § 4-2505; amd. 2010 Code)

      2.   Connection: Each mobile home space shall be provided with at least a three inch (3") sewer connection. The sewer connection shall be provided with suitable fittings, so that a watertight connection can be made between the mobile home drain and sewer connection. Such individual mobile home connections shall be so constructed that they can be closed when not linked to a mobile home, and shall be trapped in such a manner as to maintain them in an odor free condition.

      3.   Connection Fees: Sewer connection fees for each mobile home space will be that amount established by resolution of the city council.

      4.   Permit Required: A plumbing permit is required for inspection of the placement or replacement of each mobile home in the park.

   F.   Water Supply:

      1.   Accessible, Adequate, Safe And Potable Supply Required: An accessible, adequate, safe and potable supply of water shall be furnished in each mobile home park, capable of furnishing a minimum of five (5) gallons per minute per mobile home space.

      2.   Piping: All water piping shall be constructed and maintained in accordance with state of Idaho regulations for public drinking water systems.

      3.   Individual Water Service Connections: Individual water service connections which are provided for direct use by mobile homes shall be so constructed that they will not be damaged by the parking of such homes. The mobile home park water system shall be adequate to provide thirty five (35) pounds per square inch of pressure at all mobile home connections.

      4.   Connection Fees: Fees for connecting to the city water system will be charged in accordance with the water line extension policy and service costs established by resolution of the city council. (1974 Code § 4-2505)

   G.   Fire Hydrants: Hydrants will be installed in accordance with the fire code. An adequate water supply of three hundred (300) gallons per minute shall be provided. (1974 Code § 4-2505; amd. 2010 Code)

   H.   Building Permit: Construction or alteration of a mobile home park requires a permit from the building department.

   I.   Inspection Permit: An inspection permit shall be obtained prior to placement of an individual mobile home in a mobile home park. The cost of the permit shall be ten dollars ($10.00) and application shall be made to the building inspector. It will be the responsibility of the park owner and/or manager to ensure a permit has been obtained prior to the placement of a mobile home in the park. This permit will not be required for temporary parking of recreational vehicles. (1974 Code § 4-2505)

The minimum mobile home space requirements for a new mobile home park or the expansion of an existing mobile home park are as follows:

   A.   Lot Size:

      1.   Mobile Homes And Singlewides: Mobile homes up to and including fourteen foot (14') singlewides shall be placed on lots not less than thirty five feet (35') wide with not less than two thousand eight hundred (2,800) square feet of space.

      2.   Doublewides And Expansion Mobile Homes: Doublewides and expansion mobile homes shall be placed on lots not less than forty five feet (45') wide with not less than four thousand five hundred (4,500) square feet of space.

   B.   Occupied Mobile Homes: Occupied mobile homes shall be parked only on spaces provided, shall be set back a minimum of five feet (5') from the edge of all accessways and shall observe all other setbacks as established in subsection 9-22-4B of this chapter.

   C.   Minimum Space Requirements Between Mobile Homes:

      1.   End to end, fifteen feet (15').

      2.   Side to side, fifteen feet (15').

   D.   Recreational Vehicle Spaces: Recreational vehicle spaces shall comply with the requirements of chapter 23 of this title. (1974 Code § 4-2506)

   A.   New Mobile Home Parks: Improvement requirements for a new mobile home park or the expansion of an existing park are as follows:

      1.   Roadways Within Accessway And Sidewalks:

         a.   Paving: Roadways within an accessway and sidewalks shall be paved with a crushed rock base and asphaltic or concrete surfacing according to structural specifications established by the city engineer.

         b.   Minimum Surfaced Width: The minimum surfaced width of the roadway within an accessway shall be twenty four feet (24') if there is no parking allowed, and thirty four feet (34') if parking is allowed on one side. The first fifty feet (50') of the accessway measured from the street shall be surfaced to a width of thirty four feet (34') and shall be connected to an existing street in accordance with plans approved by the city engineer.

      2.   Adjacent Unimproved Public Street: Any unimproved public street adjacent to a new mobile home park must be improved by the developer with curb, gutter and pavement to a width of one-half (1/2) plus seven and one-half feet (71/2') of roadway.

      3.   Patios: Patios shall be paved with asphalt, concrete, or suitable hard surfaced materials.

      4.   Lighting Of Accessways And Sidewalks: All accessways and walkways within the park shall be lighted at night to provide a minimum of one and one-half (11/2) foot-candles of illumination.

      5.   Wires For Services: Wires for services to light poles and mobile home spaces shall be underground.

      6.   Drainage: The mobile home park shall be well drained. Provisions for drainage shall be made in accordance with a drainage plan approved by the city engineer.

      7.   Recreation Areas: Recreation areas shall be suitably improved and maintained for recreational purposes and shall be appropriate for the residents of the park.

      8.   Storage Area: A fenced storage area shall be provided by each mobile home park for the storage of accessory items such as boats, recreational vehicles, campers and related equipment owned by the park residents. Such items shall be stored in the storage area and not be parked beside the mobile home. Said storage area shall contain a minimum of sixty (60) square feet per mobile home space. (1974 Code § 4-2507)

   B.   Existing Mobile Home Parks:

      1.   Plot Plan Required: The owner or operator of a mobile home park existing at the time of passage hereof shall file with the building inspector two (2) copies of a plot plan of said park within one hundred twenty (120) days of the date of passage hereof. The plot plan shall be drawn to a scale of one inch equals fifty feet (1" = 50') on eleven inch by seventeen inch (11" x 17") paper and shall contain the following information:

         a.   Name of person who prepared the plan.

         b.   Name of the mobile home park and address.

         c.   Scale and north point of the plan.

         d.   Boundaries and dimensions of the mobile home park, including location of screening fence.

         e.   Location and dimensions of each mobile home space and designation of each space by number or letter.

         f.   Location and dimensions of each existing building.

         g.   Location and width of accessways.

         h.   Location and width of walkways.

         i.   Location of recreation areas and dimensions.

         j.   Location of connection of park to city water and sewer systems as supplied from city records.

         k.   Location of all utilities, including, but not limited to, water and sewer system, electric power, gas lines, cable TV and any other system that serves two (2) or more mobile home spaces.

         l.   Location of available fire hydrants and irrigation risers.

         m.   Enlarged plot of typical mobile home space showing location of patio, parking, sidewalk, landscaping and utility connections. (1974 Code § 4-2508)

      2.   Inventory; Deficiency Report: Within sixty (60) days of receipt of the park plot plan, the plan shall be inventoried and reviewed by the planning and zoning clerk and building inspector for compliance with standards set by this chapter. Deficiencies in utilities, space or service building requirements shall be identified and a report of same, known as a deficiency report, shall be forwarded to the owner. (1974 Code § 4-2508; amd. 2010 Code)

      3.   Improvement Plan Required: Within one hundred twenty (120) days of receipt of a deficiency report, the owner shall submit to the city council for its approval a mobile home park improvement plan approved by the city building inspector that will correct all deficiencies identified in the deficiency report. Life safety standards shall be corrected immediately. Other required improvements may be corrected over a five (5) year time frame with a scheduled park improvements plan or, with approval of the commission, these improvements may be treated as a nonconforming use, subject to being lost or abandoned under the terms and conditions of the nonconforming use restrictions set out in this title, if such existing improvements or status complied with the code requirement existing at the time of such original construction.

      4.   Compliance With Improvement Plan Required: Compliance with the improvement plan schedule shall be required. Placement permits shall be withheld until compliance with the schedule is achieved.

      5.   Space Improvement Requirements:

         a.   Utility connections shall be brought up to standards for new mobile home parks.

         b.   Utility connections shall include power, water and sewer. Existing electrical services may remain overhead.

      6.   Service Buildings: Service buildings, where provided, shall be made to conform to applicable city and state ordinances and statutes regulating buildings, electrical and gas installations, and plumbing and sanitation systems.

      7.   Accessway Improvements: Accessways shall be improved to a minimum width of twenty four feet (24') with an all weather surfacing, the minimum depth of which shall be at least eight-tenths of a foot (8/10'). If a hard surface or a surfacing width greater than twenty four feet (24') is desired by the park owner or operator, the minimum specifications shall be determined by referring to subsection A of this section. The surfacing shall be completed within two (2) years of passage hereof, or when fifty percent (50%) of the mobile home spaces have been improved and brought up to code. (1974 Code § 4-2508)

The mobile home park shall comply with the fire code. (1974 Code § 4-2509; amd. 2010 Code)

Storage, collection and disposal of solid waste in the park shall be so managed as to comply with the provisions of the city for the control of solid waste. (1974 Code § 4-2510)

   A.   Criteria For Approval: The planning and zoning commission may approve variances to any portion of the standards of design or required improvements set forth herein where the applicant can show that:

      1.   Because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provisions; and

      2.   The granting of the exception will not be detrimental to the public welfare nor injurious to other property in the vicinity in which the mobile home park is situated.

   B.   Application: Application for any such exception shall be made by a petition of the applicant, stating fully the grounds for the request. Such petition shall be filed with the application for a conditional use permit.

   C.   Decision Of Commission: The decision of the Planning and Zoning Commission on exceptions to the provisions of this chapter shall be considered final unless further appealed to the City Council as set forth in this title. (1974 Code § 4-2511)

   A.   Prohibited: It is unlawful for any person, firm or corporation to park or store a mobile home on any street, alley, highway or other public place or on any privately owned tract of land located within the City limits or Impact Area of the City, whether said mobile home is occupied or unoccupied, except in a licensed mobile home park.

   B.   Preexisting Mobile Homes: A mobile home which is legally parked or stored at the time of the adoption hereof, in violation of subsection A of this section, may remain in place as a nonconforming use subject to chapter 5 of this title. If such mobile home was unoccupied at the time of the adoption hereof, any subsequent occupation shall constitute a loss of such mobile home's nonconforming use status.

   C.   Recreational Vehicles: The parking, storing and use of recreational vehicles is covered in chapter 23 of this title. (1974 Code § 4-2512)

   A.   Notice Of Violation: Whenever the building inspector determines that there has been a violation or there are reasonable grounds to believe that there has been a violation of any provision of this chapter, or of any regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible.

   B.   Contents Of Notice: Such notice shall:

      1.   Be written.

      2.   State the alleged violation.

      3.   Allow a period of thirty (30) days or longer as may be determined reasonable by the building inspector, for the performance of any act required to cure the alleged violation.

      4.   Be served upon the owner or his agent or the occupant as the case may require; provided, that such notice or order shall be deemed to have been properly served upon such owner or agent, or upon such occupant by registered mail to his last known address, or when a copy has been posted in a conspicuous place on the premises affected by the notice, when he has been served with such notice by any other method authorized or required by State law.

      5.   Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with regulations adopted pursuant thereto.

      6.   When the violation is a violation of the Life Safety Codes, no further permits shall be issued for any purpose within the park until the violation is corrected. (1974 Code § 4-2513)

   A.   Violation: Any person or corporation, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this chapter or permits any such violation or fails to comply with any of the requirements thereof, or who erects, constructs, reconstructs, alters, enlarges, converts, moves, or uses any building or uses any land in violation of any detailed statement or plans submitted by him and approved under the provisions of this chapter, shall be guilty of an infraction. Each week's continued violation shall constitute a separate additional violation. (Ord. 991, 10-11-2018)

   B.   Institution Of Action Or Proceedings: In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this chapter, the proper legal authorities of the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business or use in or about such building, structure or land. (1974 Code § 4-2514)

   A.   In interpreting and applying the provisions of this chapter, said provisions shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, general welfare and other purposes.

   B.   It is not the intention of this chapter to interfere with any more strict requirements which may be imposed by a covenant, deed restriction, or City, County, State or Federal Health Officer that has jurisdiction in the City.

   C.   Where this chapter imposes a greater restriction upon the use of buildings, the provisions of this chapter shall govern. (1974 Code § 4-2515)