This Chapter shall be known and may be referred to as the FRANKLIN CITY MOBILE HOME PARK ORDINANCE. (Ord. 16, 6-29-1982)

The purpose of this Chapter is to provide regulations for the establishment, construction, improvement and alteration of private mobile homes and mobile home parks in the incorporated area of Franklin City, Idaho, in order to promote, protect and secure the public health, safety and general welfare of its inhabitants. (Ord. 16, 6-29-1982)

For the purpose of this Chapter, terms used herein are defined as follows:

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.

BUILDING INSPECTOR: Any duly appointed officer of the City, or his authorized representative, charged with the administration and enforcement of the provisions of this Chapter.

DEPENDENT MOBILE HOME OR TRAILER: A mobile home which does not have a toilet and/or a bathtub or shower.

INDEPENDENT MOBILE HOME: A mobile home as described hereinbelow, which has a flush water closet and bath or shower.

MOBILE HOME: A dwelling unit, factory-built and factory- assembled, designed for conveyance after fabrication, on streets and highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for minor and incidental unpacking and assembly operations such as locating on jacks or other foundation, or connection to utilities and which may have sleeping, cooking and plumbing facilities and intended for human occupancy as a residence or as an office or business building.

The term "mobile home" shall include all types of mobile homes or "house-trailers" including, but not limited to "double-wide" or other over-sized structures.

The term "mobile home" shall not apply to residence or business buildings constructed in prefabricated sections and moved from factory or place of construction to a location within the City of Franklin to become affixed to and a part of the real property by erection upon a concrete or other permanent foundation in the same manner as on-site built structures and are not readily capable of having wheels and similar running type gear attached thereto.

MOBILE HOME PARK: Any area or tract of land upon which four (4) or more mobile homes or trailer coaches are parked for living and/or sleeping purposes, such premises set apart for the purpose of supplying to the public parking space for such mobile homes for sleeping purposes. "Mobile home park" shall be deemed to be synonymous with "trailer court" or "camp" or such other names as may be used in connection with the use as defined herein.

MOBILE HOME SPACE: A plot of ground within a mobile home park designed for the use or occupancy of one mobile home.

MOBILE HOME STAND: That portion of a mobile home space designed for the location of a mobile home and all accessory structures, cabanas, etc., or other add-on enclosed space at least ten feet wide and forty five feet long (10' x 45').

SERVICE BUILDING: A building housing the following facilities for public use and/or use of all occupants within a mobile home park: slop-water closet, toilet and bathing facilities for both men and women.

SETBACK: Yard requirements. The distances that buildings or uses must be removed from their lot lines. Setbacks shall be measured, where applicable, from proposed or actual public or private street right-of-way lines.

VACATION TRAILER: A vehicle or structure equipped with wheels for highway use that is intended for human occupancy, for vacation and recreational purposes. (Ord. 16, 6-29-1982)

   A.   Location In Mobile Home Park Required: It shall be unlawful for any person to park a mobile home within the corporate limits of the City outside of a mobile home park with intent to make use of the same for the purpose of human habitation. Such prohibition shall apply irrespective of whether the parking site shall be on private or public premises, streets, alleys or highways at all times, except for emergency purposes.

   B.   Existing Mobile Homes:

      1.   Registration Required:

         a.   All occupied mobile homes located in the City on the effective date hereof shall be registered by the City Clerk. No new registration shall be issued for the continued use of a property for a mobile home site if the name of the person applying for a renewal is different than the name of the person which appeared on the registration as the occupant of the mobile home on the effective date hereof.

         b.   A registration shall be obtained each year from the City Clerk for any mobile home outside a mobile home park.

      2.   Discontinuance Of Use: If the use of the property for a mobile home site is discontinued for any reason for more than six (6) months, it shall not be reestablished.

   C.   Storage Of Unoccupied Mobile Homes: The storage of any unoccupied and uninhabited mobile home not exceeding eight feet (8') in width shall be permitted in the rear yard of any premises; provided, that it does not extend into any setback area, nor shall it be connected to a sewer, water, electricity or gas, and that such storage is not in conflict with any other section of this Chapter or any other regulations of the City. (Ord. 16, 6-29-1982)

   A.   Permit Required: No person shall construct, enlarge or alter any mobile home park without first obtaining a building permit issued for the performance of such work by the City Council and approval by the Southeast Idaho Health Department or successor agency.

   B.   Application Procedure: Application for the construction, enlargement or alteration of a mobile home park shall be made by filing a general line plot plan, five (5) copies professionally prepared, showing the following:

      1.   General location in relation to existing streets.

      2.   Access roads within the proposed mobile home park.

      3.   Location of each mobile home space.

      4.   Location of parking spaces.

      5.   Location and description of proposed fences, ornamental fences and landscape treatment.

      6.   Location of all utility lines, such as water, gas, sewage disposal facility, telephone, electrical, etc. (Ord. 16, 6-29-1982)

   A.   License Required: In addition to the building permit required by Section 7-14-5-1 of this Chapter, each operator of a mobile home park shall procure an annual business license from the City as provided herein.

   B.   License Fee And Term: Each person, before operating a mobile home park, shall pay to the City Treasurer an annual business license fee for a mobile home park. The term of the business license is from January 1 through December 31 of the same year. No license shall be transferrable.

   C.   Suspension Of License:

      1.   Whenever, upon inspection of any mobile home park, the City Council finds that conditions or practices exist which are in violation of any provision of this Chapter or of any regulation adopted pursuant thereto, the City Inspector shall give notice of such violation in writing to the person to whom the license was issued, who shall have thirty (30) days to correct said deficiency. At the end of the period for correction of said conditions or practices specified in said notice, the City Inspector shall reinspect such mobile home park and if such conditions or practices have not been corrected, he shall give notice in writing to the person to whom the license was issued that the license has been suspended. Upon receipt of notice of suspension, such person shall cease operation of such mobile home park.

      2.   Any person whose license has been suspended, or who has received notice from the City Council that his license will be suspended unless certain conditions or practices at the mobile home park are corrected, may request and shall be granted a hearing on the matter before the City Council; provided, that a petition for such hearing shall have been filed within ten (10) days following the day on which such license was suspended. (Ord. 16, 6-29-1982)

   A.   Access Roads:

      1.   Each mobile home park shall be provided with hard surfaced roads at least twenty feet (20') wide to serve each mobile home space and common parking areas.

      2.   Each such access road should be continuous and unobstructed and shall connect directly to a public street.

      3.   Direct vehicular access to mobile home space shall be limited to the access road provided.

      4.   Where any access road connects to two (2) or more public streets, it shall be arranged so as to prohibit through traffic.

   B.   Off-Street Parking: Hard surface parking space shall be provided for the parking of motor vehicles in the ratio of at least two (2) parking spaces to each mobile space.

   C.   Yards: Each mobile home park shall have the following minimum yard clearances:

      1.   Front or side yard on a public street: thirty feet (30').

      2.   Side yard bordering adjacent property: fifteen feet (15').

      3.   Rear yard bordering adjacent property: fifteen feet (15').

   D.   Mobile Home Site:

      1.   Size: Each mobile home space shall have a minimum area of three thousand two hundred (3,200) square feet and a minimum width of forty feet (40').

      2.   Yards: Each mobile home shall have the following minimum yard clearances:

         a.   Front yard on a private access road: ten feet (10').

         b.   Side yard on door side of mobile home: twenty feet (20').

         c.   Side yard on no access side of mobile home: five feet (5').

         d.   Rear yard: five feet (5').

   E.   Service Building Required: All mobile home parks containing spaces for dependent mobile homes shall provide at least one service building containing:

      1.   At least one water closet for each sex for each ten (10), or major part thereof, dependent mobile home spaces.

      2.   At least one lavatory and one shower or bathtub for each ten (10), or major part thereof, dependent mobile home spaces.

   F.   Storage: A storage area shall be provided for each mobile home park for the storage of accessory items such as boats, vacation trailers, campers and related equipment owned by the park residents. Such items shall be stored in the storage area and not parked beside the mobile home.

   G.   Water Supply And Sewage Disposal:

      1.   Utility Connections:

         a.   The City will be responsible to make water connections to the property line (provided the lines are accessible); with the owner of the mobile home park responsible to provide the distribution lines for water and sewerage collection as per approval by the City Council pending submitted plans of park.

         b.   The City reserves the right to make mandatory separate shutoffs at the expense of the mobile home park owner for each mobile home space.

      2.   Water Supply:

         a.   An accessible, adequate, safe and potable supply of water shall be provided in each mobile home park. A supply of water shall be used exclusively and connection shall be made thereto.

         b.   All water piping shall be constructed and maintained in accordance with State and City law; the water piping system shall not be connected with nonpotable or questionable water supplies, nor be subject to the hazards of backflow or back siphonage.

         c.   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.

      3.   Sewerage Disposal:

         a.   All plumbing in the mobile home park shall comply with State plumbing and health laws and regulations.

         b.   Each mobile home space shall be provided with at least a three inch (3") sewer disposal connection. The sewer disposal 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 capped in such a manner as to maintain them in an odor-free condition.

   H.   Drainage: The mobile home park shall be well drained. Provisions for drainage shall be made in accordance with plans approved by the City Engineer.

   I.   Landscaping: There shall accompany any application for the construction or maintenance of any mobile home park a plan for the landscaping of such park, which plans shall be subject to the approval of the City Council. (Ord. 16, 6-29-1982)

   A.   Insect And Weed Control: Suitable measures recommended by the City Inspector shall be taken by the mobile home park operator to control insects and noxious weeds.

   B.   Pets: 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 within the limits of any mobile home park. (Ord. 16, 6-29-1982)

   A.   City Authority: The Mayor and City Council or their authorized agent are hereby authorized and directed to make inspections to determine the condition of mobile home parks within the City, in order that they may perform their duties of safeguarding the health and safety of occupants of mobile home parks and of the general public.

   B.   Occupant To Allow Access: 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 or its premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this Chapter, or with any lawful order issued pursuant to the provisions of this Chapter. (Ord. 16, 6-29-1982)

All buildings, electrical, plumbing and fire protection construction shall comply with all State construction standards and codes. (Ord. 16, 6-29-1982)

   A.   Authority: The City Council may authorize in specific cases such variance from the terms of this Chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Chapter would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Chapter would result in unnecessary hardship.

   B.   Application For Variance: A variance from the terms of this Chapter shall not be granted by the City Council unless and until a written application for a variance is submitted to the Clerk and the City Council containing:

      1.   Name, address and phone number of applicant(s);

      2.   Legal description of property (and street address, where possible);

      3.   Description of nature of variance requested; and

      4.   A narrative statement demonstrating that the requested variance conforms to the following standards:

         a.   That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or in the same district;

         b.   That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter;

         c.   That special conditions and circumstances do not result from the actions of the applicant; and

         d.   That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures or buildings in the same district.

      5.   A summary of the variance requested, in one paragraph of not more than one hundred (100) words explaining the variance requested.

   C.   Conditions Of Granting Variance:

      1.   A variance shall not be granted unless the City Council makes specific findings of fact based directly on the particular evidence presented to it which support conclusions that the abovementioned standards and conditions have been met by the applicant.

      2.   Under no circumstances shall the City Council grant a variance to allow a use not permissible under the terms of this Chapter in the district involved, or any use expressly or by implication prohibited by the terms of this Chapter in the district. In granting a variance, the City Council may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Chapter.

   D.   Hearing: Upon receipt of the application for a variance, the City Council shall hold a hearing. It shall publish notice in the official newspaper at least ten (10) days, or mail notice as provided in Idaho Code section 60-109A, at least five (5) days, prior to date on which the City Council will consider the request for a variance containing a summary of the variance by the City Council, and an invitation to any potentially affected persons to object to said request by appearing before the City Council on such date.

   E.   Notice Of Variance Request: The applicant shall provide the Clerk with the names and addresses of the immediately adjoining landowners to the parcel affected by the variance request. The Clerk shall notify these individuals of the date upon which the variance request will be considered by the City Council so that they can attend and give testimony if such landowners desire.

   F.   Decision:

      1.   Within thirty one (31) days after the receipt of the application, the City Council shall either approve, conditionally approve or disapprove the request for the variance.

      2.   Upon granting or denying an application, the City Council shall specify:

         a.   The ordinance and standards used in evaluating the application;

         b.   The reasons for approval or denial; and

         c.   The actions, if any, that the applicant could take to obtain a variance.

      3.   Within ten (10) days after a decision has been rendered, the Clerk shall provide the applicant with written notice of the action on the request. (Ord. 16, 6-29-1982)

Any person who violates any provision of this Chapter shall, upon conviction, be subject to penalty as provided in Section 1-4-1 of this Code, and each day's failure of compliance with any such provision shall constitute a separate violation. (Ord. 16, 6-29-1982; amd. 1999 Code)