(a)

Location: Mobile homes shall not be permitted in any district except an R-5, Mobile Home Residential, district as specified hereafter, and the city council shall not spot zone individual lots in a zoning district for mobile home use. No extension, expansion, or replacement of an existing mobile home (trailer) park shall be approved, unless it is to be located in an R-5, Mobile Home Residential District.

(b)

Buffer requirement: Mobile homes not meeting HUD standards (U.S.C. 5401) shall not be installed, erected, or permitted. Where any boundary of a park directly abuts property which is improved with a permanent residential building or unimproved property which may under existing laws and regulations are used for permanent residential construction, a wall or fence of solid appearance shall be six (6) feet in height and of a construction and design approved by the planning commission shall be provided along such boundary.

(c)

Sale of lots: Any subdivision designed for the sale of lots on which homes are to be placed shall conform to all of the requirements set forth in this Article XVII, Subdivision Review, regardless of whether the homes to be placed on the lots for sale are to be permanent type structures or mobile homes. If it is located in the corporate limits, the land use shall be restricted to those uses permitted in the zoning district in which the proposed subdivision is to occur.

(d)

Compliance: Mobile home parks (trailer parks) designed for rent or lease of spaces within the park for accommodation of individual mobile homes shall conform to the regulations of the Baldwin County Health Department, provided that a copy of the plan for a proposed trailer park, extension, or revised plan of an existing trailer park shall also be submitted to the planning commission for approval.

(a)

An application submitted to the planning commission for the use of land as a mobile home subdivision shall be accompanied by a development plan showing compliance with the requirements of this article prior to construction.

The following information shall be filed with the department of community development:

(a)

The initial application shall be in writing, signed by the applicant, and shall include the following:

(1)

Location and legal description of area, indicating uses of surrounding areas.

(2)

Detailed map of area showing dimensions, contours at two-foot intervals, and area drainage.

(3)

Plans and arrangements of access streets and connection with traffic artery, lot layout, recreation areas and facilitates, buffer zone, and proposed green belt planting as screening.

(4)

Plans for the proposed sewage, drainage, street paving and such other information as may be otherwise required by the planning commission.

(5)

Plans and specifications of all buildings, improvements, and facilities to be constructed within the mobile home subdivision.

(6)

Three (3) copies of the application and all accompanying plans and the requirements of Article XV, Site Plan Review.

(a)

The park shall be located on a well-drained site with a minimum of two (2) acres in size which is properly graded to ensure rapid drainage free from stagnant pools of water.

(b)

Each park shall provide mobile home spaces and each such space shall be clearly defined or delineated. Each space shall have an area of not less than four thousand (4,000) square feet and a width of not less than fifty (50) feet.

(c)

Mobile home parks which, at the time of the adoption of this Ordinance, existed lawfully with mobile home spaces that do not comply with any of the foregoing minimum area and width or minimum average width requirements, may continue to operate and shall be excused from such compliance.

(d)

Maximum density: Ten (10) spaces per residential acre, exclusive of street walks and open space, one (1) per lot or space.

(e)

All mobile home spaces shall abut upon a driveway of not less than twenty-four (24) feet in width which shall have unobstructed access to a public street, alley, or highway.

(f)

Walkways not less than two (2) feet wide shall be provided from the mobile home spaces to the service buildings.

(g)

Each mobile home space shall be provided with two (2) off-street parking spaces.

(h)

All driveways and walkways within the park shall be hard-surfaced and lighted at night with electric lamps of not less than two hundred fifty (250) watts each, spaced at intervals of not more than one hundred (100) feet.

(i)

An electrical outlet supplying at least 100-115/220-250 volts, one hundred (100) amperes shall be provided for each mobile home space.

(j)

An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the park to meet the requirements of the park. Each mobile home space shall be provided with a cold water tap at least four (4) inches above the ground.

(k)

Each mobile home space shall be provided with a sewer line at least four (4) inches in diameter which shall be connected to receive the waste from the shower, bathtub, flush toilet, lavatory, and home harbored in such space and having any or all of such facilities. The sewer line in each space shall be connected to discharge the waste into a public sewer system in compliance with any applicable ordinance or into a private sanitary sewer system or individual septic system of such construction and in such a manner as shall comply with the Baldwin County Health Department requirements and present no health hazard.

(l)

Garbage cans with tight-fitting covers shall be provided in quantities adequate to permit disposal of all garbage and rubbish, shall be located no further than three hundred (300) feet from any mobile home space, and kept in a sanitary condition at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that the cans shall not overflow. The area used to accommodate garbage receptacles shall be properly screened by providing a wall or a fence of solid appearance shall be at least six (6) feet in height and of a construction and design approved by the planning commission.

(m)

Every park shall be equipped at all times with fire extinguishing equipment in good working order of such type, size, and number and so located within the park as to satisfy applicable reasonable regulations of the fire department. No open fires shall be permitted at any place which may endanger life or property. No fires shall be left unattended at any time.

(n)

A six-inch water line with a fire plug shall be provided for each thirty (30) mobile homes (e.g., 31 requires two (2) fire hydrants).

(o)

No owner or person in charge of any dog, cat, or other pet animal shall permit it to run at large or commit any nuisance within the limits of any mobile home park and shall comply with other applicable local ordinances regarding animals and pets.

(p)

It shall be unlawful for any persons including, but without limitation, owners of mobile home parks and owners and/or such occupants of mobile homes within such park to place, maintain, or occupy any mobile home unless such mobile home is equipped with tie-downs and anchors meeting or exceeding standards of the building code. Owners of mobile home parks shall notify the building official of the placement of any mobile home on his property or the existence of any mobile home in his park which by visual inspection appears not to comply with the tie-down and anchor requirements of the building code. Such notification shall be written, shall contain a statement of the nature of the possible violation, the location of the mobile home, name, and the address of the mobile home owner. It shall be the responsibility of the owner of the mobile home park to give written notice to the owners of all mobile homes within such park of the requirements of this section. In addition to such written notice, the owner of such park shall maintain in a clearly visible location at the entrance to the park, a sign advising all occupants of the park of the requirements of this article.

(q)

Not less than ten (10) percent of the total area of any mobile home park shall be devoted to common recreational areas and facilities, such as playgrounds and swimming pools. Ways for pedestrians and cyclists shall be away from streets, and play areas for small children or other recreational areas in block interiors.

These areas shall not include streets or parking areas, shall be closed to automotive traffic except for maintenance and service vehicles and shall be improved and maintained for the uses intended.

(r)

The licensee or permittee, a duly authorized attendant, or caretaker shall be in charge at all times to keep the mobile home park, facilities, and equipment in a clean, orderly and sanitary condition. The attendant or caretaker shall be accountable, with the licensee or permittee, for the violation of any provision of this Ordinance to which the licensee or permittee is subject.

The following shall apply:

(a)

No lot shall have less frontage on its access street than required for a driveway allowing maneuverability of the home onto the lot. All corners of each lot shall be marked with iron pipe or other permanent type marker.

(b)

Mobile homes shall be located on lots with a minimum setback from an access street of twenty-five (25) feet and ten (10) feet from any other lot line, provided no mobile home shall be closer than twenty (20) feet to another mobile home.

(c)

Each mobile home space shall be improved with one patio of concrete or other suitable impervious material having a minimum area of one hundred fifty (150) square feet, and one (1) gravel or concrete pad of size equal to or greater than the dimensions of the trailer located on the pad, but in no case less than ten (10) feet by forty (40) feet.

(d)

Permanent structures located within any mobile home lot shall be used for storage purposes only, and shall have a maximum area of eighty (80) square feet and shall be located not less than twenty (20) feet from any mobile home, nor closer to any lot lines than provided in the residential district in which it is located.

(e)

No permanent additions of any kind shall be built onto, or become a part of any mobile home provided however, that this provision shall not be construed to prohibit the addition to the mobile home of a patio cover or carport cover if the same is not permanently attached to the ground. Such patio or carport covers shall be similar in appearance and design to the mobile home, nor shall this provision be construed to prohibit tie-downs which are required.

It shall be unlawful for any person to maintain or operate a mobile home park within the corporate limits of the city in any district other than an R-5, Mobile Home Residential, district if the home park was in existence prior to the enactment of this Ordinance the maintenance and/or operation may continue.

Application for initial mobile home park license shall be filed with the City of Daphne. The application shall be in writing, signed by the applicant and shall include the following:

(a)

The name and address of the applicant.

(b)

The location and legal description of the mobile home park.

(c)

A complete site plan of the mobile home park showing conformity with the requirements of Article XV, Site Plan Review.

(d)

Plans and specifications of all buildings, improvements and facilities constructed or to be constructed within the mobile home park.

(e)

Such further information as may be required by the planning commission to enable it to determine if the proposed park will comply with legal requirements. Three (3) copies of the application and all accompanying plans and specifications shall be filed with the department of community development.

(f)

Upon application in writing by a licensee for renewal of a license and upon payment of the annual license fee, the City of Daphne shall issue a certificate renewing such license for another year provided the park is still in compliance with the requirements provided herein.

(g)

Upon application in writing for transfer of a license and payment of the transfer fee, the city shall issue a transfer if the transferee will sign a document indicating that he/she will comply with all the requirements of this Ordinance and other applicable local, state, and federal laws.

The license or temporary permit shall be conspicuously posted in the office of or on the premises of the mobile home park at all times.

The City of Daphne may revoke any license to maintain and operate when the licensee has been found guilty by a court of competent jurisdiction of violating any provision of this Ordinance. After the correction of such conditions and the payment of the penalties imposed by law and assurance given to the city council that such condition will not be repeated, then they may issue a new license.

The annual license or transfer of license fee for each mobile home park shall be as enumerated in Article XXXIV, Schedule of Fees.