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Filer City Zoning Code

CHAPTER 15

MOBILE HOMES AND MOBILE HOME PARKS

9-15-1: DEFINITIONS:

For the purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them in this Section:
DEPENDENT MOBILE HOME OR DEPENDENT TRAILER COACH: A mobile home or trailer coach which does not have a toilet and a bathtub or shower.
DRIVEWAY: A minor private way used by vehicles and pedestrians on a mobile home lot or used for common access to a small group of lots or facilities.
INDEPENDENT MOBILE HOME OR INDEPENDENT TRAILER COACH: A mobile home or trailer coach that has a toilet and a bathtub or shower.
LICENSE: A written license issued by the City Council permitting mobile home parks to operate.
MOBILE HOME: A manufactured, transportable, single-family dwelling unit suitable for year-round occupancy and containing water supply, waste disposal and electrical conveniences and so designed that it is or may be mounted on wheels and used as a conveyance on highways or City streets.
MOBILE HOME LOT: A plot of ground within a mobile home park designated for the accommodation of one single trailer coach or mobile home and for the exclusive use of its occupants.
MOBILE HOME PARK: Any plot of ground upon which two (2) or more trailer coaches, occupied for dwelling or sleeping purposes, are located and is owned by an individual, a firm, trust, partnership, public or private association or corporation.
MOBILE HOME STAND PAD: That part of an individual lot which has been reserved for the placement of one mobile home unit.
PARK MANAGEMENT: The person or persons who owns or has charge, care or control of the mobile home park or trailer court.
PARK STREET: A private way which affords principal means of access to individual mobile home lots or auxiliary buildings.
PERMIT: A written permit issued by the City Council to construct, alter or extend a mobile home park.
PERSON: Any individual, firm, trust, partnership, public or private association or corporation.
SERVICE BUILDING: A building housing toilet facilities for men and women, with slop-water closet and laundry facilities, with separate bath or shower accommodations and such other facilities as may be required under this Chapter.
SEWER CONNECTION: The connection consisting of all pipes, fittings and appurtenances from the drain outlet of the mobile home to the inlet of the corresponding sewer riser pipe of the sewerage system serving the mobile home park.
SEWER RISER PIPE: That portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home lot.
WATER CONNECTION: The connection consisting of all pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the mobile home.
WATER RISER PIPE: That portion of the water supply system serving the mobile home park which extends vertically to the ground elevation and terminates at a designated point at each mobile home lot. (Ord. 288, 3-2-1971; amd. 1994 Code)

9-15-2: MOBILE HOME PARK PERMIT REQUIREMENTS:

   A.   Permit Required: It shall be unlawful for any person to construct, alter or extend any mobile home park within the limits of the city unless he/she holds a valid permit issued by the governing board in the name of such person for the specific mobile home park for the specific construction, alteration or extension proposed. (Ord. 509, 3-7-2000)
   B.   Approval Of Adjacent Property Owners:
      1.   Mobile home parks may be allowed in the city if a showing is made to the satisfaction of the city council that such action will be compatible to the overall development of the area where the mobile home park is proposed to be constructed and will be in accordance with the general purposes of the zoning ordinances of the city, and providing that before a permit is issued by the city council, there shall be on file in the office of the city clerk the written consent of the owners of seventy five percent (75%) of the area of all the property within the boundary line of an area determined by the intersection of lines drawn three hundred feet (300') at right angles out from and parallel to all sides of the tract whereupon such mobile home park is to be erected or occupied.
Where dedicated street rights of way are encountered, they shall be included in establishing the three hundred foot (300') boundary line around the tract, but further, they shall not be included in any area calculation.
For a property that is partially within the boundary and partially outside the boundary, only that area within the prescribed three hundred foot (300') boundary is to be included in the percentage of area analysis.
The method as outlined herein, for establishing the three hundred foot (300') boundary lines applies for all the tracts of land, whether they be rectangular, curvilinear and irregular, and furthermore, the exterior boundary line may be rectangular, curvilinear and irregular and will not necessarily be in conformity with any surrounding lot, block and/or property lines.
      2.   In any area of the city, regardless of the zoning designation, each boundary of any mobile home park as defined in this chapter, must be at least two hundred feet (200') from the foundation of any permanent residential building located outside the mobile home park unless the mobile home park is separated from such permanent residential building by a natural or artificial barrier that meets the approval of the city council or unless seventy five percent (75%) or more of the property owners of the residential buildings in the area within the said two hundred feet (200') from such mobile home park gave consent thereto by a formal petition filed with the city council.
   C.   Contents Of Applications: All applications for permits shall contain the following:
      1.   Name and address of applicant.
      2.   Location and legal description of the mobile home park.
      3.   Complete engineering plans and specifications of the proposed park, showing, but not limited to, the following:
         a.   The area and dimensions of the tract of land.
         b.   The number, location and size of all mobile home lots.
         c.   The location and width of roadways and walkways or must conform to requirements of the state code 1 .
         d.   The location of water and sewer lines and riser pipes.
         e.   Plans and specifications of the water supply and refuse and disposal facilities.
         f.   Plans and specifications of all buildings constructed or to be constructed within the mobile home park.
         g.   The location and details of lighting and electrical systems.
         h.   All plans and specifications to indicate distances, depths, setbacks, separations.
         i.   Double frontage lots backing on streets shall be prohibited from using exterior roadway as entrance or exit purposes.
         j.   All lot dimensions are to be shown on all lot lines.
         k.   Radii at curbs at street intersections at lot corners should be rounded as per state code requirements 2 .
         l.   Exterior boundaries of plat drawings must be tied to at least two (2) county or city monuments as per state code requirements 3 .
         m.   All lots are to be numbered by progressive numbers in each block separately as per state code requirements. (Ord. 288, 3-2-1971; amd. 1994 Code)
   D.   Issuance Of Permit: When upon review of the application, the governing board is satisfied that the proposed plan meets with requirements of this chapter, a permit shall be issued. (Ord. 509, 3-7-2000)

9-15-3: MOBILE HOME PARK LICENSE REQUIREMENTS:

   A.   License Required: It shall be unlawful for any person to operate any mobile home park within the limits of the city unless he/she holds a valid license issued annually by the city council in the name of such person for the specific mobile home park. All applications for licenses shall be made to the city council which shall issue a license upon compliance by the applicant with the provisions of this chapter.
   B.   Notice Of Change Of Ownership; Transfer Fee: Every person holding a license shall give notice, in writing, to the city council within twenty four (24) hours after having sold, transferred, given away or otherwise disposed of interest in or control of any mobile home park. Such notice shall include the name and address of the person succeeding to the ownership or control of such mobile home park. Upon application, in writing, for transfer of the license and deposit of a fee of ten dollars ($10.00), the license shall be transferred if the mobile home park is in compliance with all applicable provisions of this chapter.
   C.   Contents Of License Application; Fee:
      1.   Application for original licenses shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee of twenty five dollars ($25.00) and shall contain: the name and address of the applicant; the location and legal description of the mobile home park and a site plan of the mobile home park showing all mobile home lots, structures, roads, walkways and other service facilities.
      2.   Applications for renewals of licenses shall be made, in writing, before December 1 of the year preceding, by the holders of the licenses, shall be accompanied by the deposit of a fee of twenty five dollars ($25.00) and shall contain any change in the information submitted since the original license was issued or the latest renewal granted.
   D.   Notice Of License Violations, Revocation: Whenever, upon inspection of any mobile home park, the city council finds that conditions or practices exist which are in violation of any provisions of this chapter, the city council shall give notice, in writing, in accordance with section 9-15-5 of this chapter to the person to whom the license was issued that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the city council, the license shall be suspended. At the end of such period, the City Council shall reinspect such mobile home park, and if such conditions or practices have not been corrected, it shall suspend the license and give notice, in writing, of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease operation of such mobile home park except as provided in Section 9-15-5 of this Title. (Ord. 288, 3-2-71; 1994 Code)

9-15-4: INSPECTION OF MOBILE HOME PARKS:

   A.   The City Council and its agents are hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this Chapter.
   B.   The City Council and its agents shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this Chapter.
   C.   The City Council and its agents shall have the power to inspect the register containing a record of all residents of the mobile home park.
   D.   It shall be the duty of the park management to give the City Council and it agents free access to all lots at reasonable times for the purpose of inspection.
   E.   It shall be the duty of every occupant of a mobile home park to give the owner thereof or his/her agent or employee access to any part of such mobile home park at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this Chapter. (Ord. 288, 3-2-71; 1994 Code)

9-15-5: NOTICES, HEARINGS AND ORDERS:

   A.   Whenever The City Council determines that there are reasonable grounds to believe that there has been a violation of any of the provisions of this Chapter, the City Council shall give notice of such alleged violation to the person to whom the permit or license was issued as hereinafter provided. Such notice shall:
      1.   Be put in writing.
      2.   Include a statement of the reasons for its issuance.
      3.   Allow a reasonable time for the performance of any act it requires.
      4.   Be served upon the owner or his/her agent as the case may require. Provided, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his/her last known address or when a copy thereof has been posted in a conspicuous place in or about the dwelling affected by the notice or when he/she has been served with such notice by any method authorized or required by the laws of this State.
      5.   Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Chapter and with regulations adopted pursuant hereto.
   B.   Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Chapter may request and shall be granted a hearing on the matter before the City Council. Provided, that such person shall file in the office of the City Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the date the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and the suspension except in the case of an order issued under subsection E of this Section. Upon receipt of such petition, the City Council shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed. Provided, that upon application of the petitioner, the City Council may postpone the date of the hearing for a reasonable time beyond such ten (10) day period when, in his/her judgment, the petitioner has submitted good and sufficient reasons for such postponement.
   C.   After such hearing, the City Council shall sustain, modify or withdraw the notice, depending upon its findings as to compliance or noncompliance with the provisions of this Chapter and of regulations adopted pursuant hereto. If the City Council should sustain or modify such notice, it shall be deemed to be an order. Any notice served pursuant to subsection A4 of this Section shall automatically become an order if a written petition for a hearing shall not have been filed in the office of the City Council within ten (10) days after such notice is served. After a hearing in the case of any notice suspending any permit required by this Chapter or by any regulation adopted pursuant hereto, when such notice shall have been sustained by the City Council, the permit shall be deemed revoked. Any such permit which shall have been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing shall not have been filed in the office of the City Council within ten (10) days after such notice was served.
   D.   The proceedings at such a hearing, including the findings and decision of the City Council, and together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the office of the City Council, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this Section. Any person aggrieved by the decision of the City Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this State.
   E.   Whenever the City Council finds that an emergency exists which requires immediate action to protect the public health, it may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this Chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately but, upon petition to the City Council, shall be afforded a hearing as soon as possible. The provisions of subsections C and D of this Section shall be applicable to such hearing and the order issued thereafter. (Ord. 288, 3-2-71; 1994 Code)

9-15-6: ENVIRONMENTAL, OPEN SPACE AND ACCESS REQUIREMENTS:

   A.   General Requirements: Condition of soil, ground water level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.
   B.   Soil and Ground Cover Requirements: Exposed ground surfaces in all parts of every mobile home park shall be paved or covered with stone screening or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.
   C.   Site Drainage Requirements: Site drainage requirements shall be constructed according to a plan approved by the City Engineer.
   D.   Park Areas for Nonresident Users:
      1. No part of any park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.
      2. Nothing contained in this Section shall be deemed as prohibiting the sale of a mobile home located on a mobile home stand and connected to the pertinent utilities.
   E.   Required Separation Between Mobile Homes:
      1. Mobile homes shall be separated from each other and from other buildings and structures by at least fifteen feet (15'); provided, that mobile homes placed end-to-end may have a clearance of ten feet (10') where opposing rear walls are staggered.
      2. An accessory structure, such as an awning, cabana, storage cabinet, carport, windbreak and porch, which has a floor area exceeding twenty five (25) square feet and has an opaque top or roof shall, for purposes of all separation requirements, be considered to be part of the mobile home.
   F.   Required Recreation Areas:
      1. In all parks accommodating or designed to accommodate fifteen (15) or more mobile homes, there shall be one or more recreation areas which shall be easily accessible to all park residents.
      2. The size of such recreation areas shall be based upon a minimum of one hundred (100) square feet for each lot. No outdoor recreation area shall contain less than one thousand five hundred (1,500) square feet.
      3. Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located.
   G.   Required Setbacks, Buffer Strips and Screening:
      1. All mobile homes shall be located at least twenty five feet (25') from any park property boundary line abutting upon a public street or highway and at least twenty five feet (25') from other park property boundary lines.
      2. There shall be a minimum distance of fifteen feet (15') between the mobile home stand and abutting park street.
      3. All mobile home parks shall be provided with screening, such as fences or natural growth, along the property boundary line separating the park and such adjacent nonresidential uses.
   H.   Park Street System and Car Parking:
      1. General Requirements: All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. Such access shall be provided by streets, driveways or other means in conformance to City codes.
      2. Park Entrance: Entrances to mobile home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be permitted on the park entrance street for a distance of one hundred feet (100') from its point of beginning unless the park entrance is at least thirty four feet (34') wide (curb face to curb face).
      3. Internal Streets: Surfaced roadways shall be of adequate width to accommodate anticipated traffic and, in any case, shall meet the following minimum requirements:
         a. All streets, except minor streets - 40 feet (curb face to curb face).
         b. Minor streets - 36 feet (curb face to curb face).
         c. Street right-of-way width is to be measured from property line to property line. The minimum right of way of streets so measured shall be:
For local or minor streets   60 feet
For collector or secondary streets   60 feet
         d. Dead-end streets shall be limited in length to four hundred feet (400') and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least eighty feet (80'), curb face to curb face, and a street property line diameter of at least ninety feet (90').
         e. Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than eighty degrees (80o).
      4. Mobile Home Parking:
         a. It shall be illegal to park a mobile home less than fifteen feet (15') from any street or highway right of way or so that any part of such mobile home will obstruct any roadway or walkway.
         b. It shall be illegal to allow any mobile home to remain in a mobile home park unless a mobile home space is available.
         c. Each mobile home space shall contain a minimum of: single unit - two thousand four hundred (2,400) square feet; double unit - three thousand six hundred (3,600) square feet, shall be at least thirty feet (30') in width and shall be at least eighty feet (80') in length, or large enough to accommodate the size mobile home so placed that no part of the mobile home will extend within the limits set forth in this Chapter. Each mobile home shall be placed as to provide the necessary clearance as provided in this Chapter.
         d. Each mobile home space in any mobile home park shall be provided with an asphalt or concrete paved area of at least one hundred eighty (180) square feet at the entranceway into the mobile home itself.
         e. No mobile home shall be placed on any lot in such a manner as to encroach beyond the setback provisions of this Chapter.
      5. Car Parking: Off-street parking areas or on-street parking lanes shall be provided for the use of park occupants and guests.
         a. Off-street parking shall be provided at the rate of two (2) car spaces for each mobile home lot.
         b. Off-street parking shall be located within a distance of two hundred feet (200') from the mobile home to be served unless other vehicular access is provided.
      6. Required Illumination of Park Street Systems: All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night:
         a. All parts of the park street systems: One and one-half (11/2) foot-candles, with a minimum of one foot-candle.
         b. Potentially hazardous locations, such as major street intersections and steps or stepped ramps: individual illuminated, with a minimum of one and one-half 11/2) foot- candles.
      7. Street Construction and Design Standards: Shall conform to the following minimum standards:
         a. Pavements: All streets shall be provided with a smooth, hard and dense surface which shall be durable and well drained under normal use and weather conditions. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained free of cracks, holes and other hazards.
         b. Grades: Shall conform with minimum standards of State Code 1
. Grades of all streets shall be sufficient to insure adequate surface drainage but shall not be more than minimum street grade of one-fourth percent (0.25%) with a maximum grade being seven percent (7%) for secondary and major streets and ten percent (10%) for local or minor streets. Where the observance of these standards is impossible, the City Engineer shall review the situation before an exception may be granted.
         c. Intersections: Within one hundred feet (100') of an intersection, streets shall be at approximately right angles, a distance of at least one hundred fifty feet (150') shall be maintained between center lines of offset intersecting streets, intersections of more than two (2) streets at one point shall be avoided.
      8. Fence Location, Height and Density 2
: In any yard adjacent to a street and within ten feet (10') from the property line adjacent to such street, fences, walls and hedges may be up to forty eight inches (48") in height, when that portion of the fence above twenty four inches (24") is at least seventy five percent (75%) open when measured at ninety degrees (90
o
) to the fence. Fences located in a yard area, other than above described, may be up to seven feet (7') in height.
      9. Measurements of Height of Fences: All fences along a public right of way will be measured from and along the sidewalk or, if no sidewalk exists, from and along the curb. All other fences will be measured from and along the finished grade of the property along the fence.
      10. Fence Materials: Fences shall not be constructed of or contain any material which will do bodily harm, such as barbed wire, electric wires, broken glass, spikes and any other hazardous or dangerous material.
   I.   Walks:
      1. General Requirements: All parks shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual mobile homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradients shall be avoided.
      2. Common Walk System: A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of five feet (5') and shall be constructed of concrete.
      3. Individual Walks: All mobile home stands shall be connected to common walks, to paved streets or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of three feet (3').
   J.   Mobile Home Stands: The area of the mobile home stand shall be improved to provide adequate support for the placement and tie-down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation and overturning.
      1. The mobile home stand shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration or other forces acting on the structure.
      2. The mobile home stand shall be provided with anchors and tie-downs, such as cat-in-place concrete, "dead men", eyelets imbedded in concrete foundations or runways, screw augers, arrowhead anchors or other devices securing the stability of the mobile home.
      3. Anchors and tie-downs shall be placed at least at each corner of the mobile home stand, and each shall be able to sustain a minimum tensile strength of two thousand eight hundred (2,800) pounds. (Ord. 288, 3-2-1971; 1994 Code)

9-15-7: TEMPORARY USE FOR RESIDENTIAL PURPOSES:

Trailers may be used for residential purposes on a temporary basis upon application to and approval by the City Council. Said approval may be granted for a specific time period not to exceed one hundred eighty (180) days and only after an emergency such as fire, flood or tornado where the permanent residence located on the property has been rendered uninhabitable. (Ord. 448, 7-15-1993)

9-15-8: TEMPORARY USE, HARDSHIP:

A special use permit may be granted to allow the temporary placement of a mobile home if necessary for the care of the elderly, physically or mentally disabled, or for medical care. Said mobile home must comply with Building Code and Health Department requirements. The special use permit will terminate and the mobile home removed upon termination of the hardship condition. (Ord. 488, 9-9-1997)