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Flagler Beach City Zoning Code

Sec. 2.09.00

Mobile Home Parks.

Sec. 2.09.01. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building includes the word "structure."

Driveway means 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.

Health authority means the state department of health and rehabilitative services or its authorized representative of the county.

License means a written license issued by the health authority allowing a person to operate and maintain a mobile home park under the provisions of this chapter and regulations issued hereunder.

Lot includes the word "plot" or "parcel."

Mobile home means a manufactured, transportable single-family dwelling unit suitable for year-round occupancy and containing water supply, waste disposal and electrical conveniences.

Mobile home lot means a parcel of land for the placement of a single mobile home and the exclusive use of its occupants.

Mobile home park means a contiguous parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association or corporation.

Mobile home stand means that part of an individual lot which has been reserved for the placement of one (1) mobile home unit.

Park management means the person who owns or has charge, care or control of the mobile home park.

Park street means a private way which affords principal means of access to individual mobile home lots or auxiliary buildings.

Permit means a written permit or certification issued by the city commission permitting the construction, alteration and extension of a mobile home park under the provisions of this chapter and regulations issued hereunder.

Service building means a structure housing toilet, lavatory and such other facilities as may be required by this chapter.

Sewer connection means 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 means that portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home lot.

Used or occupied, as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."

Water connection means 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 means 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.

Cross reference(s)—General definitions, § 1-2.

Sec. 2.09.02. Reserved.

Sec. 2.09.03. Responsibilities of park management.

(a) The person to whom a license for a mobile home park is issued shall operate the park in compliance with this chapter 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 chapter and inform them of their duties and responsibilities under this chapter.

(c) The park management shall supervise the placement of each mobile home on its mobile home stand which includes securing its stability and installing all utility connections.

(d) The park management shall maintain a register containing the names of all park occupants identified by lot number or street address. Such register shall be available to any authorized person inspecting the park.

(e) The park management shall notify the health inspector immediately of any suspected communicable or contagious disease within the park.

Sec. 2.09.05. Highest standard to prevail.

In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of this city, the provision which, in the judgment of the city commission and health inspector, establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of this city which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.

Sec. 2.09.06. Reserved.

Sec. 2.09.07. Permits.

Sec. 2.09.08. 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 holds a valid permit issued by the city commission in the name of such person for the specific construction, alteration or extension proposed.

Sec. 2.09.09. Contents of application.

All applications for permits to construct, alter or extend any mobile home park 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;

(d) The location of water and sewer lines and riser pipes;

(e) Plans and specifications of the water supply and refuse and sewage 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) Plans for landscaping.

Sec. 2.09.10. Fee; issuance.

(a) All applications shall be accompanied by the deposit of a fee of seventy-five dollars ($75.00).

(b) When, upon review of the application, the building official and health inspector is satisfied that the proposed plan meets the requirements of this chapter, a permit shall be issued.

Cross reference(s)—Buildings and building regulations, Article V.

Sec. 2.09.11. Hearing.

Any person, whose application for a permit under this article has been denied, may request and shall be granted a hearing on the matter before the city commission under the procedure provided by article V of this chapter.

Secs. 2.09.12—2.09.27. Reserved.

Sec. 2.09.28. Licenses.

Sec. 2.09.29. Required.

It shall be unlawful for any person to operate any mobile home park within the limits of the city unless he holds a valid license issued annually by the city commission and approved by the health inspector in the name of such person for the specific mobile home park. All applications for licenses shall be made to the city commission which shall issue a license upon compliance with provisions of this chapter.

Sec. 2.09.30. Application; contents; fee; renewal.

(a) 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 as established by the city commission, which fee amount shall be on file at city hall. The application 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.

(b) Applications for renewals of licenses shall be made in writing by the holders of the licenses, shall be accompanied by the deposit of a fee as established by the city commission and shall contain any change in the information submitted since the original license was issued or the latest renewal granted.

Sec. 2.09.31. Notice of change of control, ownership.

Every person holding a license shall give notice in writing to the city commission 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.

Sec. 2.09.32. Hearing.

Any person, whose application for a license under this article has been denied, may request and shall be granted a hearing on the matter before the city commission under the procedure provided by article V of this chapter.

Sec. 2.09.33. Violations.

Whenever, upon inspection of any mobile home park, the building official and health inspector finds that conditions or practices exist which are in violation of any provision of this chapter, the building official shall give notice in writing in accordance with Section 2.09.62 to the person to whom the license was issued unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the building official and health inspector, the license shall be suspended. At the end of such period, the building official shall reinspect such mobile home park and, if such conditions or practices have not been corrected, the city commission 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 2.09.63.

Secs. 2.09.34—2.09.45. Reserved.

Sec. 2.09.101. General requirements.

Condition of soil, groundwater 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.

Sec. 2.09.102. Recreation areas.

(a) In all parks accommodating or designed to accommodate twenty-five (25) or more mobile homes, there shall be one (1) or more recreation areas which shall be easily accessible to all park residents.

(b) 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 two thousand five hundred (2,500) square feet.

(c) Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located.

Sec. 2.09.103. Setbacks, buffer strips, screening.

(a) All mobile homes shall be located at least twenty-five (25) feet from any park property boundary line abutting upon a public street or highway and at least fifteen (15) feet from other park property boundary lines.

(b) There shall be a minimum distance of ten (10) feet between the mobile home stand and abutting park street.

(c) All mobile home parks located adjacent to industrial or commercial land uses shall be provided with screening such as fences or natural growth along the property boundary line separating the park and such adjacent nonresidential uses.

Sec. 2.09.104. Nonresidential purposes.

(a) No part of any park shall be used for nonresidential purposes, except such uses as are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.

(b) 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.

Sec. 2.09.105. Park street system; parking.

(a) General requirements. All mobile parks shall be provided with safe and convenient vehicular access from abutting public streets, driveways or other means.

(b) 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 (100) feet from its point of beginning, unless the park entrance is at least thirty-four (34) feet wide.

(c) Internal streets. Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements:

(1) All streets, except minor streets—twenty-four (24) feet from back of curb to back of curb if provided.

(2) Minor streets—eighteen (18) feet, acceptable only if less than five hundred (500) feet long and serving less than twenty-five (25) mobile homes or of any length if mobile home lots abut on one (1) side only.

(3) Dead-end streets shall be limited in length to one thousand (1,000) feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least sixty (60) feet.

(d) Car parking.Off-street parking areas or on-street parking lanes shall be provided for the use of park occupants and guests. Such areas shall:

(1) Be furnished at a rate of at least one and twenty-five-hundredths (1.25) car spaces for each mobile home lot;

(2) Be located within a distance of two hundred (200) feet from the mobile home to be served, unless other vehicular access is provided. The minimum street width requirement under subsection (c) above shall be increased by seven (7) feet if on-street parking is the only type of car parking provided in a mobile home park.

(e) 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:

(1) All parts of the park street systems: Six-tenths footcandle, with a minimum of one-tenth footcandle;

(2) Potentially hazardous locations, such as major street intersections and steps or stepped ramps: Individually illuminated, with a minimum of three-tenths footcandle.

(f) Street construction and design standards:

(1) Streets. All streets shall be provided with a hard and dense surface which normal use and weather conditions will not deteriorate. Street surfaces shall be maintained free of holes and other hazards.

(2) Grades. Grades of all streets shall be sufficient to ensure adequate surface drainage, but shall be not more than eight (8) percent. Short runs with a maximum grade of twelve (12) percent may be permitted, provided traffic safety is assured by appropriate surfacing, adequate leveling areas and avoidance of lateral curves.

(3) Intersections. Within one hundred (100) feet of an intersection, streets shall be at approximately right angles. A distance of at least one hundred fifty (150) feet shall be maintained between centerlines of offset intersecting streets. Intersections of more than two (2) streets at one (1) point shall be avoided.

Sec. 2.09.106. Walks.

(a) 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 gradient shall be avoided.

(b) 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 three and one-half (3½) feet.

(c) Individual walks. All mobile home stands shall be connected to common walks, streets, driveways or parking spaces connecting to a street. Such individual walks shall have a minimum width of two (2) feet.

Sec. 2.09.107. Separation between mobile homes.

(a) Mobile homes shall be separated from each other and from other buildings and structures by at least fifteen (15) feet; provided that mobile homes placed end-to-end may have a clearance of ten (10) feet where opposing rear walls are staggered.

(b) 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.

Sec. 2.09.108. Soil and ground cover.

Exposed ground surfaces in all parts of every mobile home park shall be paved, or covered with stone screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust.

Sec. 2.09.109. Site drainage.

The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner.

Sec. 2.09.110. 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 have, 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 cast-in-place concrete "dead men," eyelets embedded in concrete foundations or runways, screw augers, arrow-head 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.

Sec. 2.09.111. Lot sizes.

The minimum size for any lot within a mobile home park shall be three thousand (3,000) square feet.

Sec. 2.09.04. Responsibilities of park occupants.

(a) The park occupant shall comply with all applicable requirements of this chapter and shall maintain his mobile home lot, its facilities and equipment, to good repair and in a clean and sanitary condition.

(b) The park occupant shall be responsible for proper placement of his mobile home on its mobile home stand and proper installation of all utility connections in accordance with the instructions of the park management.

(c) Pets, if permitted in the park, shall be prohibited to run at large or to commit any nuisance within the limits of any mobile home lot.

(d) Skirtings, porches, awnings, and other additions shall be installed only, if permitted and approved by the park management. If permitted, the following conditions shall be satisfied:

(1) The storage area shall be provided with a base of impervious material.

(2) Stored items shall be located so as not to interfere with the underneath inspection of the mobile home.

(3) The storage area shall be enclosed by skirting.

(e) The park occupant shall store and dispose of all his rubbish and garbage in a clean, sanitary and safe manner. The garbage container shall be rodentproof, insectproof and watertight.

(f) First-aid fire extinguishers for class B and C fires shall be kept at the premises and maintained in working condition.

Sec. 2.09.47. Authority to inspect.

(a) The building official and health inspector are hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this chapter.

(b) The building official and health inspector 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 building official and health inspector shall have the power to inspect the register containing a record of all residents of the mobile home park.

Sec. 2.09.48. Access for inspection, repairs.

(a) It shall be the duty of the park management to give the building official and health inspector free access to all lots at reasonable times for the purpose of inspection.

(b) It shall be the duty of every occupant of a mobile home park to give the owner thereof or his 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.

Secs. 2.09.49—2.09.60. Reserved.

Sec. 2.09.62. Notice of violation.

Whenever the building official and health inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, the building official 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 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 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 last known address, or when he 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.

Sec. 2.09.63. Hearing.

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 commission; 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 day the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under Section 2.09.66. Upon receipt of such petition, the city commission 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 at a time to be set by the city commission after the petition was filed; provided, that upon application of the petitioner the city commissioners may postpone the date of the hearing for a reasonable time when in their judgment the petitioner has submitted good and sufficient reasons for such postponement.

Sec. 2.09.64. Hearing to be public record.

The proceedings at the hearing, including the findings and decision of the health authority, 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 clerk 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 commission may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.

Sec. 2.09.65. Order of city commission.

After a hearing the city commission shall make findings as to compliance with the provisions of this chapter and shall issue an order in writing sustaining, modifying or withdrawing the notice which shall be served as provided in Section 2.09.62(4). Upon failure to comply with any order sustaining or modifying a notice, the license of the mobile home park affected by the order shall be revoked.

Sec. 2.09.66. Emergency orders.

Whenever the building official or health inspector finds that an emergency exists which requires immediate action to protect the public health, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he 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 building official and city commission shall be afforded a hearing as soon as possible, then provisions of Sections 2.09.64 and 2.09.65 shall be applicable to such hearing and the order issued thereafter.

Secs. 2.09.67—2.09.80. Reserved.

Sec. 2.09.82. Finding of undue hardship; compliance period; gradual improvement.

(a) Where the building official and health inspector find that compliance with provisions of this chapter would result in undue hardship, an exemption may be granted by the building official without impairing the intent and purpose of this chapter. Deviations from design, constructions and installation provisions shall be brought into compliance with this chapter within a reasonable period of time based on economic feasibility of improvement, nature, significance, and extent of deviation, depreciation of material, improvement, and layout in use and other similar factors. The compliance period granted shall in no event exceed two (2) years from notification of noncompliance.

(b) Such period shall begin after the building official has given notice of a certain and specific deviation from this chapter to the person to whom the permit or certification was issued.

(c) Gradual improvements to a higher degree of conformity shall be permissive provided that there shall be complete conformity at the end of a period prescribed by the building official.

Secs. 2.09.83—2.09.100. Reserved.

Sec. 2.09.112. Minimum area.

No mobile home park constructed in and after 1970 shall contain less than fifteen (15) acres in area.