Lincoln City Zoning Code
ARTICLE IV
Mobile Home Regulations
Section 405.210 Definitions.
[Ord. No. 336 §28, 6-10-1996]
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
A right-of-way which affords principal means of vehicular access to or through a mobile home or trailer park and which is owned and maintained by the owner or operator of the park.
A structure constructed of factory-assembled parts that are transported to the building site, assembled at the building site and permanently attached to a foundation meeting the requirements of the City's building codes to be used for public or commercial purposes.
A structure constructed of factory-assembled parts that are transported to the building site, assembled at the building site and permanently attached to a foundation meeting the requirements of the City's building codes.
A factory-constructed residential unit in one (1) or more sections for towing to the point of use and designed to be used without a permanent foundation as a single-family dwelling unit on a year-round basis.
A mobile home having been built in two (2) sections at the factory, which two (2) sections are transported over the road separately, with assembly into one (1) structure of a width of not less than twenty (20) feet occurring at the destination.
A tract of land containing suitable drives, utilities and other supporting elements and devoted to the sole purpose of accommodating mobile homes on a permanent or semi-permanent basis.
A mobile home being of a width of not more than fourteen (14) feet measured between the permanent sidewalk thereto.
That area of land within a mobile home park set aside for use as a site for one (1) mobile home, including the open spaces around such mobile home, as are required in this Article.
An area of land containing not less than thirty (30) lots and the public streets necessary to serve such lots, the purpose of which is to convey in feet the individual lots for the location of mobile homes or modular homes in a permanent fashion.
A right-of-way gilt-of-way which affords principal means of vehicular access to or through a mobile home or trailer park and which is held in fee by the public or a governmental unit thereof.
A vehicle equipped with wheels and normally towed over the road behind an automobile or light truck.
A trailer carrying or having attached thereto a sign, billboard or other media for advertising purposes, such advertising being the prime purpose and use of the trailer.
A trailer equipped with an enclosure for sleeping, while on vacation or other trips of short duration. Such camping trailers may also contain cooking, bath and sanitary equipment. Size and furnishing of such camping trailers may vary widely, but in no case shall they be considered structures for residential use of a temporary or permanent nature for purposes of this Article.
A trailer designed and normally used for over the road transportation of belongings, equipment, merchandise, livestock and other objects, but not equipped for human habitation.
A tract of land containing sites for the overnight or short-term parking of camping trailers and other camping vehicles.
Section 405.220 Location of Mobile Homes.
[Ord. No. 336 §29, 6-10-1996]
A.
Within the City a single-wide mobile home may be permitted only in an approved mobile home park. A double-wide mobile home or factory-built housing may be permitted in an approved mobile park or on a lot which complies with all zoning and subdivision ordinances of the City, provided that, in the case of a double-wide mobile home, the owner attaches the mobile home to a permanent foundation complying with the City's building codes and destroys or modifies the vehicular frame rendering it impractical to reconvert the real property thus created to a mobile home and the double-wide mobile home meets the requirements of Section 405.320.
B.
A mobile home may also be permitted for the purposes of temporary relief from a local disaster, such as fire, wind or flood damage, provided such mobile home shall be removed from the premises within one (1) year of its original placement; provided further, upon application to the Building Official and for good cause shown, the one (1) year period may be extended an additional thirty (30) days.
C.
It shall be unlawful to park or locate any type of mobile home on any public street, road, highway or alley or on any lot containing a residential or business structure, except when in complete conformity with ordinances of the City.
Section 405.230 Location of Camping and Advertising Trailers.
[Ord. No. 336 §30, 6-10-1996]
A.
Camping trailers may be parked in a campground or trailer park, provided such camp area is in conformance with the zoning ordinances of the City. No such camping trailer shall be used for permanent or semi-permanent residential purposes.
B.
Nothing in this Article shall prohibit the use of tents, pickup campers and other such equipment from also utilizing an approved campground or camper park.
C.
Camping trailers may also be stored, on the basis of one (1) per family, in private garages or in the side or rear yard of private homes, business or industrial areas; provided, no such trailer shall be used for residential purposes.
D.
Advertising trailers may be permitted only on property zoned Districts "C-2" to "M-2" inclusive and such trailers shall be off the public street and conform to the setback height and area regulations for other signs in that district.
Section 405.240 Mobile Homes and Trailers as Non-Residential Structures.
[Ord. No. 336 §31, 6-10-1996]
One (1) or more mobile homes or trailers may be used as a temporary office or other non-residential structure on the site of a construction project, provided such structure is removed upon completion of the project. Mobile structures may be used also as temporary classroom facilities in connection with public schools or private schools with equivalent curriculum. A mobile home or trailer may be used as a temporary commercial structure on land already zoned for the commercial purpose the structure will be used for, provided that such use may be only for a period of sixty (60) days or less and provided that the structure is removed on or before that period ends and provided that such structure is not placed back on the same property for at least one hundred eighty (180) days.
Section 405.250 Minimum Standards for Mobile Home Parks.
[Ord. No. 336 §32, 6-10-1996]
A.
Minimum Park Size. No mobile home park shall have a site smaller than will accommodate sixty (60) mobile homes or comprising less than ten (10) acres.
B.
Minimum Space Size. Each mobile home space shall have dimensions of at least forty-five (45) feet in width and ninety (90) feet in depth.
C.
Stands And Skirts. Each mobile home space shall contain a Portland cement or asphaltic concrete slab upon which the mobile home will be situated and each home shall be equipped with skirts on all sides, such skirts to be of material harmonious to the mobile home structure.
D.
Streets And Drives. All public streets within the park shall be improved to City standards for residential streets. All private drives shall be not less than twenty-two (22) feet in width and be surfaced with at least six (6) inches of Portland cement or six (6) inches of compacted stone base with two (2) inches of hot mix bituminous concrete as the surface course.
E.
Parking. At least two (2) parking spaces for each mobile home shall be provided within sixty (60) feet of the mobile home. Such parking spaces shall be off the public street or private drive, shall be not less than nine (9) feet by twenty (20) feet in size and shall be surfaced to at least the standard set out above for drives.
F.
Park And Playground Space. Park and playground space shall be provided for occupants of the mobile home park on the basis of three hundred (300) square feet for each space in the park. Such playground space shall be separate and aside from the open space provided on each mobile home space and shall be equipped and maintained for the use of the residents of the park.
G.
Open Space. Each mobile home shall be located on the mobile home space so that no part of one (1) mobile home structure, including canopies, awnings, carports and other protrusions, is closer than twelve (12) feet to another mobile home or to the edge of the surface of a drive. No mobile home shall be located closer than thirty (30) feet to the boundary line of the mobile home park or to a public street.
H.
Utilities. All liquid waste shall be disposed of through a sanitary sewerage system and treatment facility, the plans of which shall be approved by the City Engineer prior to construction. All solid wastes shall be disposed of by accumulation in tight containers and removed at regular intervals by methods to be approved by the City Engineer. All power and telephone lines shall be underground and shall be in compliance with standards of the utility corporation involved. All water supply and distribution shall be approved by the City Engineer prior to construction. The site of the park shall be graded so that surface water will not accumulate, but will run off in a manner that will not adversely affect the residential character of the park or adjacent property. The proposed drainage systems shall be approved by the City Engineer prior to construction of streets or other portions of the park.
Section 405.260 Special Use Permit - Development Plans.
[Ord. No. 336 §33, 6-10-1996]
A.
Construction of a mobile home park within the zoning jurisdiction of the City shall begin only after a special use permit has been granted by the Board of Aldermen in compliance with the zoning ordinance. No such permit shall be granted, however, until a preliminary development plan for the proposed mobile home park has been prepared and submitted by the developer to the Planning Commission and found satisfactory by such Commission and further submitted to the Board of Aldermen with a recommendation for approval.
B.
Such plan shall be accurately drawn at a scale acceptable to the City Engineer and shall show the following:
1.
Proposed street and drive pattern;
2.
Proposed mobile home spaces and their approximate dimensions;
3.
Any existing streets in or abutting the property;
4.
Location and size of parking spaces;
5.
Location and size of park and playground area;
6.
Screening and landscaping;
7.
Legal description of the tract;
8.
Name of the developer and the firm preparing the plan;
9.
North point, scale and date.
C.
The Planning Commission shall, upon submission of three (3) copies of the plan and an application for a special use permit, publish notice and hold a hearing on the proposal in conformance with the zoning ordinance. The decision of the Commission to recommend approval or denial of the proposed mobile home park shall be based upon the following criteria:
1.
The proposed project will be in harmony, in general, with the Comprehensive Plan of the City;
2.
Safe and efficient ingress and egress of vehicular and pedestrian traffic and an adequate level of utility and other services is assured;
3.
A safe and healthful living environment will exist for the occupants of the park.
D.
Upon hearing and consideration of the project, the Planning Commission shall, within reasonable time, submit its recommendation and an endorsed copy of the plans to the Board of Aldermen for final action.
E.
After twenty-four (24) months from the date of approval of a special use permit by the Board of Aldermen, if the mobile home park is not improved in accordance with the plans to the extent that utilities, surfaced drives and occupied mobile home spaces exist over at least twenty percent (20%) of the area of the approved park, the special use permit shall expire and further development and additional occupancy of the park shall be prohibited. All mobile homes shall be removed within six (6) months from the date of the expiration of a special use permit. The owner or his/her agent may apply for a new special use permit in the case of expiration or cancellation under procedures set out in the zoning ordinance.
Section 405.270 Temporary Permit for Mobile Home Parks.
[Ord. No. 336 §34, 6-10-1996]
Upon a finding by the Board of Aldermen of a shortage of housing in the City, the Board of Aldermen may issue a temporary permit for a mobile home park for a period not to exceed three (3) years. During the period of any such temporary permit the Board of Aldermen may waive any of the minimum standards for mobile home parks contained in Section 405.250. The provisions of Section 405.260 for a special use permit for the construction of a permanent mobile home park shall not apply to a temporary permit issued under this Section.
Section 405.280 Mobile Home Subdivisions Generally.
[Ord. No. 336 §35, 6-10-1996]
A subdivision for the purpose of selling individual lots in fee for the purpose of mobile home sites may be permitted. Only double-wide or larger mobile homes or modular homes or customary single-family dwellings shall be permitted in a mobile home subdivision. Such structures shall be located in compliance with the yard and lot area requirements of districts defined as "R-1" and shall be attached to a permanent concrete foundation or slab. Off-street parking spaces shall be provided in compliance with the zoning ordinance.
Section 405.290 Building Permit.
[Ord. No. 336 §36, 6-10-1996]
No mobile home shall be permitted to be moved into the City, except for the purposes of sale by a licensed dealer, until a building permit has been issued for its location in a specified mobile home park, mobile home subdivision or other approved location in compliance with all ordinances of this City. In addition to compliance with ordinances of this City, the mobile home shall comply with the minimum standards of the Standards for Mobile Homes published by the American National Standards Institute, Publication No. A-119-1, including any revisions and supplemented reports relative to the same. Compliance with these standards shall be shown by an approval report prepared by Underwriters' Laboratories or other inspection agency referring to the particular type and model of mobile home for which a permit is requested. If a code compliance report is unavailable, the City Engineer may, at his/her discretion, inspect the structure prior to its transportation into the zoning jurisdiction and determine whether it complies with the standards. If all standards, codes and ordinances are complied, the applicant shall be issued a building permit and the mobile home shall be established in accordance therewith within six (6) months or the permit shall become invalid.
Section 405.300 Management of Mobile Home Park or Subdivision.
[Ord. No. 336 §37, 6-10-1996]
Each mobile home park or subdivision shall be operated in a sanitary, orderly and efficient manner and shall maintain a neat appearance at all times. No damaged or deteriorated mobile homes shall be permitted to remain and suitable and effective rules for regulating the outside storage of equipment, the removal of wheels and installation of skirtings and anchors, the collection of trash and garbage and the attachment of appurtenances to the mobile homes shall be continually enforced. All drives, playground area and equipment, lawn and trees and any recreation or accessory buildings shall be maintained at a level at least equal to the average residential neighborhood in the City. All portions of the mobile home park shall be open and accessible to fire, Police and other emergency and protective vehicles and personnel, including City, County and State inspectors.
Section 405.310 Owner or Operator of Park Responsible for Compliance With Regulations, Etc.
[Ord. No. 336 §38, 6-10-1996]
The owner or operator of the mobile home park shall be responsible for the conformance to all plans, codes and ordinances and any conditions set out in the special use permit and any deviation or non-performance or the occurrence of any nuisance or unhealthful or insanitary condition or the termination of a park operation for one (1) year or more shall constitute grounds for the cancellation of a special use permit. In addition, the City shall have all remedial and corrective powers conveyed by Statutes of the State.
Section 405.320 Procedure and Standards for Double-Wide Mobile Homes and Factory-Built Housing Outside of Approved Mobile Home Parks and Factory-Built Commercial Buildings.
[Ord. No. 336 §39, 6-10-1996]
A.
Double-wide mobile homes and factory-built housing may be placed on permanent foundations which comply with the City's building codes in any property zoned in the City which permits single-family dwellings provided that such structure is determined to be compatible with the surrounding area prior to the submittal of an application for a building permit.
B.
If a zoning district in the City permits a commercial or public building for a certain use or uses, said building may be a factory-built commercial building, provided that such building shall be placed on a permanent foundation which complies with the City's building codes and provided that such building is determined to be compatible with the surrounding area prior to the submittal of an application for a building permit.
C.
Request For Compatibility Approval.
1.
Determination process.
a.
A person requesting that the placement of a double-wide mobile home, factory-built housing or a factory-built commercial building be determined to be compatible with the surrounding area must submit his/her request to the Building Official together with plans, specification and photographs or a manufacturer's brochure depicting the exact proposed double-wide mobile home, factory-built housing or factory-built commercial building; the standard rezoning fee and the names and addresses of and legal descriptions of property owned by the real property owners within an area determined by lines draw parallel to and three hundred (300) feet distant from the lot on which the proposed structure will be placed, the "surrounding area".
b.
Within thirty (30) days of the application's filing, the Planning and Zoning Commission shall hold a public hearing at which time the application shall be evaluated against the criteria set out in this Section. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a paper of general circulation in the City and the applicant shall notify the owners listed in (a) above by certified mail, return receipt requested.
c.
The Planning and Zoning Commission shall recommend, not recommend or recommend with conditions a determination that the proposed use is compatible with the surrounding area to the Board of Aldermen, which shall then determine if the proposed use is compatible with the surrounding area.
2.
Criteria for compatibility with surrounding area. All requests must be evaluated against the following criteria. For purposes of this Subsection only, "the area" or "the surrounding area" shall mean an area determined by lines drawn parallel to and three hundred (300) feet distant from the lot on which the proposed building will be placed and "the building" shall mean the proposed double-wide mobile home or factory-built housing:
a.
The building shall be occupied only as permitted under the uses allowed for the zoning district the building is placed in.
b.
The building shall conform to all zoning regulations applicable to its location.
c.
The building must be at least twenty-six (26) feet wide.
d.
The exterior material of the building shall be similar to that customarily used in the residential structures in the area and shall extend to at least the top of the foundation supporting the building.
e.
The roofing material shall be composition shingle or other materials customarily used on residential structures in the area. The roofing material used shall conform to the manufacturer's specifications relative to installation and roof slopes.
f.
The roof of the building shall have a pitch of not less than four (4) inches of vertical rise for each twelve (12) inches of horizontal run.
g.
The roof shall have eave overhangs of not less than twelve (12) inches and gable overhangs of not less than eighteen (18) inches measured from the vertical side of the building, excluding guttering or what is customarily found on residential structures in the area if eave overhangs in the area are more than twelve (12) inches and gable overhangs in the area are more than eighteen (18) inches.
h.
The finished floor of the building shall not exceed thirty (30) inches above the exterior finish grade of the lot.
i.
The facade of the building which fronts on a street shall be designed with sufficient detail to make it visually compatible with the exterior finish grade of the lot.