Pikeville City Zoning Code
MOBILE HOME
PARKS
§ 153.065 APPLICATION FOR PERMIT TO CONSTRUCT OR EXPAND PARK.
Prior to the placement of more than two mobile homes on any property in single ownership or prior to the construction of any new mobile home park or court or prior to the expansion of any existing mobile home park or court, the developer shall make application to the Building Inspector for a permit to construct or expand such a park. The application shall be accompanied by five copies of the proposed park plan. Such application must be received at least seven days prior to a regularly scheduled meeting of the Planning Board. If the property is not already zoned for mobile homes, the application for a zoning change shall include the information required in this chapter.
(1993 Code, § 91.065) (Ord. passed 4-6-1981)
§ 153.066 INFORMATION TO BE INCLUDED IN PARK PLAN.
The park plan shall be drawn to a scale of 50 feet to one inch or larger and shall include the following:
(A) The name of the park, the names and addresses of the owner or owners and the designer or surveyor;
(B) Date, scale and approximate north arrow;
(C) Boundaries of the tract shown with bearings and distances;
(D) Site plan showing streets, driveways, open areas, recreation areas, parking spaces, service buildings, watercourses, water and sewer easements, mobile home spaces and all structures to be located on the site;
(E) Vicinity map showing the location of the park and the surrounding land usage;
(F) Names and all adjoining property owners;
(G) The proposed plan for providing gas, surface water drainage, street lights, electrical power, water supply, solid waste and sewage disposal facilities for each lot and structure contained in the park; and
(H) Land contours with vertical intervals of not less than two feet for all mobile home parks with 25 mobile home spaces or more.
(1993 Code, § 91.066) (Ord. passed 4-6-1981)
§ 153.067 PLANNING BOARD REVIEW.
(A) The Building Inspector shall transmit the proposed park plan to the Chairperson of the Planning Board for review at its next meeting.
(B) (1) The Planning Board shall review the proposed plan to determine if it is in accordance with the above requirements and the applicable zoning requirement. If the Planning Board should disapprove the proposed park plan, the reasons for such action and recommended changes shall be given to the developer or his or her agent.
(2) After the Planning Board has approved conditionally the proposed park plan, one approved copy shall be sent to the Building Inspector and one approved copy shall be given to the developer or his or her agent. The developer or his or her agent shall then obtain approval from the County Health Department and the County Electrical Inspector.
(1993 Code, § 91.067) (Ord. passed 4-6-1981)
§ 153.068 ACCESS.
(A) The proposed access to the park shall conform to the standards of the State Department of Transportation.
(B) The developer or his or her agent must obtain approval of the District Highway Engineer of the State Department of Transportation prior to beginning construction.
(C) If the District Highway Engineer requires any change in access, the developer or his or her agent shall resubmit the proposed plan to the Planning Board for its further approval prior to beginning construction.
(1993 Code, § 91.068) (Ord. passed 4-6-1981)
§ 153.069 WATER AND SEWER.
(A) If town water and sewer is to be provided to the mobile home park, it shall be designed and constructed so as to be compatible with the existing town system of water distribution and sewage disposal. Any extension of lines from existing town lines shall be at the expense of the developer, including any lift stations or other requirements which may be required by the town.
(B) If a community water or sewer system is to be provided, the County Health Department and if necessary, the Division of Health (Department of Human Resources) and the Environmental Management Commission, shall review the plan and determine if it is in accordance with their health standards and regulations in the following particulars:
(1) Source of water and water distribution system;
(2) Sanitary sewage disposal and treatment system;
(3) Adequate lot size, if septic tanks are to be used for sewage disposal and treatment; and
(4) Adequate facilities for solid waste storage, collection and disposal.
(1993 Code, § 91.069) (Ord. passed 4-6-1981)
§ 153.070 REVIEW OF PLAN BY ELECTRICAL INSPECTOR.
The County Electrical Inspector shall review the proposed park plan to determine if the proposed electrical distribution system is in accordance with electrical codes adopted by the county.
(1993 Code, § 91.070) (Ord. passed 4-6-1981)
§ 153.071 DEFICIENCIES TO BE CORRECTED BEFORE PROCEEDING WITH DEVELOPMENT.
If any agency which is required to review the plan finds any deficiencies in the proposed plan, the developer or his or her agent shall correct such deficiencies before proceeding further with development.
(1993 Code, § 91.071) (Ord. passed 4-6-1981)
§ 153.072 CONSTRUCTION PERMIT.
(A) After receiving approval of the park plan by the Planning Board, the County Health Department and if necessary, the Division of Health (Department of Human Resources) and the Environmental Management Commission, the District Highway Engineer and the County Electrical Inspector, the Building Inspector is authorized to issue a construction permit. The intent of this permit is to enable the execution of the park plan in the field and shall not be construed to entitle the recipient to offer spaces for rent or lease or to operate a mobile home park as defined in this chapter.
(B) If the construction of the park has not begun within 12 months from the issue date of the construction permit, the construction permit shall become null and void. However, the Planning Board may grant an extension of up to 90 days of the construction permit if the developer appears before the Planning Board and shows good cause for delay in beginning construction.
(1993 Code, § 91.072) (Ord. passed 4-6-1981)
§ 153.073 OPERATING LICENSE.
When the developer has completed the construction of the mobile home park or court, he or she shall apply to the Building Inspector for an operating license. The Building Inspector and a representative of the County Health Department shall make an on-site inspection of the park prior to the issuance of any operating license. The operating license issued to the developer shall constitute authority to lease or rent spaces in the mobile home park and no spaces shall be leased or rented until such operating license has been issued.
(1993 Code, § 91.073) (Ord. passed 4-6-1981)
§ 153.074 DEVELOPMENT IN STAGES.
When a mobile home park is to be developed in stages, the proposed park plan may be submitted for the entire development but the stages shall be clearly denoted thereon and application for an operating license may be made for each noted stage as it is completed.
(1993 Code, § 91.074) (Ord. passed 4-6-1981)
§ 153.075 IDENTIFICATION SIGNS.
Mobile home park identification signs shall be limited to one sign per park entrance. No sign shall exceed 36 square feet in area. Only indirect, nonflashing lights may be used for illumination.
(1993 Code, § 91.075) (Ord. passed 4-6-1981) Penalty, see § 153.999
§ 153.076 MAINTENANCE OF IMPROVEMENTS.
The developer shall maintain streets, street lighting (if outside the town limits), parking areas, community water and sewer systems, recreation areas and common areas. Failure to provide maintenance on a basis at least equal to that provided by the town for its similar facilities shall be grounds for revocation of the operating license. Upon receipt of a complaint that the developer is not in compliance with these standards or upon inspection by the Building Inspector, which results in his or her finding that the mobile home park is not in compliance with this chapter, the Building Inspector shall give notice to the developer to bring the complained of facility into compliance within 30 days of said notice. If compliance has not been met within said 30-day period, notice shall be given for the developer to appear before the Board of Commissioners at its next regularly scheduled meeting, at which meeting the Board of Commissioners may revoke the operating license. Upon revocation thereof, the mobile home park shall be closed and all residents given 30 days in which to relocate their mobile homes.
(1993 Code, § 91.076) (Ord. passed 4-6-1981)
§ 153.077 UTILITY AND SANITARY REQUIREMENTS.
(A) Where a municipal or community water or sewer system is provided, all mobile homes located within the mobile home park shall be connected thereto and no individual water or sewage disposal shall be allowed within the park.
(B) All community water and sewage disposal systems shall be developed and maintained in accordance with the standards of the Sanitary Engineering Division of the State Division of Health (Department of Human Resources) or the Environmental Management Commission, as the case may require.
(C) Each mobile home space shall be provided with at least a four-inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each space that the sewer connection to the mobile home drain outlet will approximate a vertical position.
(D) The sewer connection shall have a nominal inside diameter of at least three inches and the slope of any portion thereof shall be at least one-fourth inch per foot. The sewer connection shall consist of one pipe line only without any branch fittings. All joints shall be watertight including connection from trailer to sewer riser pipe.
(E) All material used for sewer connections shall be semirigid, corrosion-resistant, nonabsorbent and durable. The inner surface shall be smooth.
(F) Provision shall be made for plugging the sewer pipe when a mobile home does not occupy a space. Surface drainage shall be directed away from the riser. The rim of the riser pipe shall extend at least four inches above ground elevation.
(G) The storage, collection and disposal of solid waste in the mobile home park shall be so conducted as to create no health hazards or pollution.
(H) All solid waste containing garbage shall be stored in standard flytight, watertight, rodent-proof containers, with a capacity not more than 32 gallons which shall be located not more than 150 feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all solid waste containing garbage. The mobile home park management shall be responsible for the proper storage, collection and disposal of solid waste.
(I) Stands shall be provided for all containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.
(J) All solid waste containing garbage shall be collected at least once weekly. Where suitable collection service is not available from municipal or private agencies, the mobile home park operator shall provide this service. All solid waste containing garbage shall be collected and transported to covered vehicles or covered containers.
(K) Where municipal or private disposal service is not available, the mobile home park operator shall dispose of the solid waste by transporting to a disposal site approved by the Health Director.
(L) Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the Health Director.
(M) Parks shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.
(N) Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe and other building material shall be stored at least one foot above the ground.
(O) Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.
(P) The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
(1993 Code, § 91.077) (Ord. passed 4-6-1981)
§ 153.078 STREET LIGHTS.
All streets in a mobile home park located outside the town limits shall be adequately illuminated fromsunset until sunrise by the developer. The minimum size street light shall be a 175-watt mercury- vapor (approximately 7,000 lumen class) or its equivalent, spaced at intervals of not more than 400 feet.
(1993 Code, § 91.078) (Ord. passed 4-6-1981)
§ 153.079 INSPECTIONS.
The County Health Department, the County Electrical Inspector and the Building Inspector are hereby authorized to make such inspections as are necessary to determine satisfactory compliance with this chapter. It shall be the duty of the owners or occupants of mobile home parks to give these persons and agencies free access to such premises at reasonable times for the purpose of inspection. The person to whom an operating license for the mobile home park is issued shall operate the parking 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. The park owner or operator shall notify the park occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter.
(1993 Code, § 91.079) (Ord. passed 4-6-1981)
§ 153.080 MOBILE HOME MOVING PERMITS.
(A) In order to protect the town against the nonpayment of ad valorem taxes on mobile homes and the nonpayment of water and utility bills, it is hereby declared to be unlawful for any person to remove or cause to be removed any mobile home situated within the town limits without first obtaining a moving permit from the Town Clerk. The moving permit shall be conspicuously displayed near the license tag on the rear of the mobile home at all times during its transportation. Permits required by this section may be obtained at the office of the Town Clerk during normal business hours.
(B) In order to obtain a permit as provided herein, persons shall be required to:
(1) Pay all taxes, water and utility bills due to be paid by the owner to the town; or
(2) Show proof to the Town Clerk that all taxes, water and utility bills have been paid.
(C) In addition to complying with the provisions above, the owners of mobile homes shall also furnish the following information to the Town Clerk:
(1) The name and address of the owner;
(2) The address or location of the premises from which the mobile home is to be moved;
(3) The address or location of the place to which the mobile home is to be moved; and
(4) The name and address of the carrier who is to transport the mobile home.
(D) No permit required by this chapter shall be issued by the Town Clerk unless and until all taxes and water and utility bills due to be paid by the owner to the town, including any penalties or interest thereon, have been paid. Any taxes which have not yet been computed, but which will become due during the current calendar year shall be determined as in the case of prepayments.
(E) The permit shall be in substantially the following form:
MOVING PERMIT Town of Pikeville Permit Number _______________ State of North Carolina Date of Issuance ______________ Permission is hereby granted to _________________________________________ (Name & address of owner) _________________________________________ (Name & address of carrier) to remove the following described mobile home: _______________________________ (Make, model, size, serial number, etc.) _________________________________________ From: _________________________________________ (Address) To: _________________________________________ (Address) This permit is issued in accordance with an ordinance of the Town of Pikeville entitled “An Ordinance to Require Moving Permits to Move Mobile Homes” adopted on the 3rd day of December, 1979. _________________________________________ (Signed) Town Clerk Town of Pikeville |
(F) Any person required by this section to obtain a moving permit who fails to do so or who fails to properly display the same shall be subject to a fine or imprisonment or both, as set forth in § 153.999. This penalty shall be in addition to any penalties imposed for failure to list property for taxation and interest for failure to pay taxes, utility and water bills as provided by the ordinances of this town and the laws of this state. Further, any person who transports a mobile home from a location in the town other than a manufacturer or retailer of mobile homes without having properly displayed thereon the moving permit required by this section shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine or imprisonment or both, as set forth in § 153.999. Any law enforcement officer of the town, the county or the state who apprehends any person violating the provisions of this section shall detain such person until satisfactory arrangements have been made to meet the requirements of this section.
(G) In the absence of the Town Clerk, the Mayor or any Town Commissioner is authorized to act in his or her stead.
(H) For the purpose of this section, MOBILE HOME means any structure that:
(1) Is designed, constructed and intended for use as a dwelling house, office, place of business or similar place of habitation; and
(2) Is capable of being transported from place to place on wheels attached to its frame.
(Ord. passed 4-6-1981) Penalty, see § 153.999