Delmar City Zoning Code
ARTICLE VI
Mobile Home Residential R-3 District
§ 10-46 Purpose of district.
The purpose of this district is to establish and maintain a mobile home residential district for the community, to provide for the development of mobile home parks and to provide requirements and minimum standards pertinent thereto.
§ 10-47 Uses permitted inherently.
§ 10-48 Uses permitted by special exception.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
Uses permitted by special exception: none.
§ 10-49 Accessory uses and structures.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
The following accessory uses and structures are permitted in the R-3 District.
§ 10-50 Area requirements.
A.
Mobile home park.
(1)
Minimum area: 10 acres.
(2)
Open space: a minimum of 20% of the entire park must be retained in open areas and deeded for the common use of residents of the development. The common and developed open space area shall be planned as an integral part of the development providing access to and benefits for all residents of the development. Of the 20%, at least half must be deemed to be active open spaces such as playgrounds, jogging paths, picnic areas, soccer fields, etc., as determined by the Planning and Zoning Commission. (Example: if a wooded area with a trail is included in the open space plan, only the trail itself would be considered active open space.)
(5)
Minimum setbacks of accessory structures: five feet.
(6)
Mobile home parks shall be located in areas for same shown on the Zoning Map of the Town of Delmar. The park shall be located on a well-drained site, properly graded to insure rapid drainage. The site shall not be exposed to objectionable smoke, noise, odors, or any other adverse influences, and no portion subject to unpredictable sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons of property to hazards.
(7)
The area of a mobile home park shall be a contiguous parcel of property and have a minimum size of 10 acres and platted for the development of a minimum of 50 mobile home lots.
B.
Mobile home lot:
(1)
Minimum lot area: 6,000 square feet; if mobile home contains over 1,200 square feet, 8,000 square feet is required.
(2)
Minimum lot width: 60 feet. (Note that additional width may be required to meet minimum setback requirements below.)
(3)
Minimum lot depth: 80 feet. (Note that additional depth may be required to meet minimum setback requirements below.)
(6)
Lots occupied by mobile homes exceeding 20 feet in width shall have a minimum area of 7,000 square feet and shall be at least 70 feet wide.
(7)
A mobile home shall be so harbored on its stand that there shall be a minimum clearance of 20 feet between adjacent mobile homes and, for purposes of clearance and setback requirements, any accessory structure that is attached to a mobile home shall be considered to be part of that mobile home. No mobile home shall be located closer than 25 feet to any paved street, building or recreational structure within the mobile home park.
(8)
A mobile home lot shall be complete before occupancy is permitted.
§ 10-51 Mobile home maintenance.
It shall be unlawful for any person, persons, firm or corporation to maintain a mobile home within the Town of Delmar except in conformity with this article. Any lawful mobile home located on a lot within the Town of Delmar at the time of the adoption of this chapter may be continued although it does not conform to the provisions contained herein, provided that a mobile home existing at the time of the adoption of this chapter is not removed or that the ownership of the aforesaid lot remains unchanged. All such mobile homes shall be removed within 10 years after the effective date of this chapter or be relocated to comply with all the provisions of this article. If a nonconforming mobile home is destroyed or damaged more than 75% of its replacement value, the replacement of the nonconforming mobile home shall be only in conformity of this article. A lawful nonconforming use may not be extended by enlarging the size or area of the mobile home or land or structure thereon. A nonconforming use which shall remain idle and unused for a continuous period of six months shall be considered abandoned as a nonconforming use and all such mobile homes shall be removed or be relocated to comply with all the provisions of this article.
§ 10-52 Mobile home park license.
Any lawful mobile home park existing at the time of the adoption of this chapter may be continued although it does not conform to the standards and provisions contained herein. All such mobile home parks, however, must obtain a license according to procedures outlined in this section and comply with and maintain standards set forth in the Sanitary Laws and Regulations of the Maryland (Delaware) State Department of Health for Mobile Home and Trailer Parks. Any nonconforming mobile home park that is discontinued, as a business enterprise, shall not be issued a license for reestablishment except in conformity with this article. Expansion of existing mobile home parks will be permitted only in strict conformity with this article.
A.
It shall be unlawful for any person, persons, firm or corporation to maintain or operate a mobile home park within the Town of Delmar unless a valid license is held, which is issued annually by the Code Enforcement Officer and approved by the Fire Chief, both of the Town of Delmar.
B.
Application for a mobile home park license shall be filed with and issued by the Code Enforcement Officer with the approval of the Fire Chief for a calendar year. The application shall be in writing and signed by the applicant, who shall file, with the application, proof of ownership of the premises or of a lease or written permission from the owner. The application shall be accompanied by two complete sets of plans, drawn to scale, showing the location of the proposed mobile home park, which shall show the name and address of the applicant; the location and legal description of the park; its area and dimensions; location of any existing buildings and proposed structures; location, name and width of the streets and walkways; and location of water, sewer, gas and other facilities.
C.
Application for a license to operate a new mobile home park or to expand an existing one shall require approval of park design by the Commission. The Commission shall determine the adequacy of the design with respect to arrangements of lots, streets, and other facilities to assure conditions favorable to health, safety, and convenience.
D.
Application for renewal of license shall be made in duplicate by the holder of the license to the Code Enforcement Officer and shall contain any change in the information submitted since the original license was issued or the latest renewal granted.
E.
License fee: set by Council and Commission resolution.
§ 10-53 Open space requirements.
A minimum of 20% of the entire subdivision must be retained in open areas and deeded for the common use of residents of the development. The common and developed open space area shall be planned as an integral part of the development providing access to and benefits for all residents of the development.
§ 10-54 Streets, walks, parking, lighting and stands.
A.
All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. All park streets shall be well drained, paved and maintained in good condition, and may not exceed a grade of 8%. All mobile home lots where off-street parking areas are provided shall abut upon a paved street at least 30 feet in width. If on-street parking is permitted, the minimum width of street pavement shall be 36 feet.
B.
No street names shall be used which will duplicate or be confused with names of existing streets within the park and Town. Street names shall be subject to the approval of the Commission.
C.
Walkways not less than three feet wide shall be provided from each mobile home stand to the street. All service buildings shall have similar walkways.
D.
Off-street parking shall be provided in all mobile home parks. Refer to Article XXII, Off-Street Parking, Loading and Unloading.
E.
All streets and walks within the park shall be adequately lighted at night, subject to approval by Code Enforcement Officer.
F.
The mobile home stand shall provide adequate foundation for the placement of a mobile home, subject to approval by the Code Enforcement Officer.
§ 10-55 Water supply.
A.
An accessible, adequate, safe, and potable supply of water shall be provided each mobile home. Where a public supply of water is available, connection shall be made thereto and its supply used exclusively.
B.
The water supply shall be capable of delivering a minimum of 175 gallons per day per mobile home.
C.
The water supply system of the mobile home park shall be connected by pipes to all mobile homes, buildings, and other facilities requiring water.
D.
All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and Town regulations and requirements and shall be of a type and in locations approved by the Code Enforcement Officer.
§ 10-56 Fire protection.
B.
Fire hydrants shall be installed when the park is within 500 feet of the Town water system in accordance with the following requirements:
(1)
The water supply system shall permit the operation of a minimum of 2 1/2-inch hose streams.
(2)
Each of two nozzles, held four feet above the ground, shall deliver at least 75 gallons of water per minute at a flowing pressure of at least 30 pounds per square inch at the highest elevation of the park.
(3)
Fire hydrants shall be located within 500 feet of any mobile home, service building, or other structure in the park.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
C.
Each mobile home park shall provide ingress and egress facilities at separate and strategic locations that will permit the passage of occupant vehicles and the equipment of the Town.
§ 10-57 Miscellaneous park management responsibilities.
A.
The person to whom a license for a mobile home park is issued shall operate the park in compliance with this article and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
B.
The park management shall notify park occupants of all applicable provisions of this article and inform them of their duties and responsibilities there under.
C.
The park management shall be responsible for the proper placement of each home on its mobile home stand, which includes securing its stability and installing all utility connections. The management shall also be responsible for the disconnection of all utilities prior to the departure of a mobile home.
D.
The park management shall maintain a register containing the names of all the park occupants. Such register shall be available to any civil authority inspecting the park.
E.
The license certificate shall be conspicuously posted in the office of or on the premises of the mobile home park at all times.
§ 10-58 Responsibilities of park occupants.
A.
The park occupant shall comply with all applicable requirements of this article and shall maintain the mobile home lot, its facilities and equipment in good repair and in clean and sanitary conditions.
B.
No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large or to commit any nuisance in the park.
§ 10-59 Enforcement.
A.
Whenever a violation of this article occurs, or is alleged to have occurred, any person may file a written complaint stating in full the causes and basis thereof with the Town of Delmar Code Enforcement Officer, who shall immediately record such complaint, investigate and, if the investigation discloses a basis for the complaint, the officer shall take such action as may be necessary to correct the violation.
B.
If the Code Enforcement Officer or the Fire Chief shall find that any of the provisions of this article are being violated, the Officer or Chief shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it, and shall take any other action authorized or required by this article to insure compliance with, or to prevent violation of, its provisions.[1]
§ 10-60 Revocation of license.
The Code Enforcement Officer of the Fire Chief may revoke any license to maintain and operate a mobile home park when the licensee has been found guilty by a court of competent jurisdiction of violating any provision of this article. After such conviction, the license may be reissued if the circumstances leading to the conviction have been remedied and the park is being maintained and operated in full compliance with the law.
§ 10-61 Site plan review.
[Amended at time of adoption of Code (see Ch. 15, Art. II; Ch. 305, Art. I)]
Refer to Article XXVI, Development Plans, for site plan review requirements.