(a)

The purpose of this article is to promote the public health, comfort, safety and general welfare of the citizens of the city by establishing minimum standards and facilities for mobile home parks, procedures for the review and approval of plans for the development thereof prior to construction and for the supervision and inspection thereof prior to occupancy.

(b)

It is the purpose and intent of this article to establish site design and construction standards for mobile home parks, ensuring that the arrangement of mobile homes provides adequate light, air, convenience of access, safety, essential utilities and recreational facilities and other open space.

For the purpose of this article, certain words and terms used herein shall be interpreted or defined as follows:

(1)

Generally: Words used in the present tense include the future, words in the singular number include the plural, and the plural the singular, unless the natural construction of the word indicates otherwise; the word "lot" includes the word "parcel"; the word "shall" is mandatory and not directory; the word "approve" shall be considered to be followed by the words "or disapproved"; any reference to "this article" includes all ordinances and regulations amending or supplementing the same; all distances and area refer to measurement in a horizontal plane.

(2)

Certificate of compliance: A certificate issued by the zoning administrator certifying that the owner has complied with all applicable requirements of this article.

(3)

Density: A factor representing the average number of mobile home units per acre of land within the development. Public streets or other areas not useable as part of the mobile home park property are excluded from such acreage in this determination.

(4)

Mobile home: A building unit constructed on a chassis for towing to the point of use and designed to be used without a permanent foundation for continuous yearround occupancy as a single dwelling; or two or more such units separately towable, but designed to be jointed together at the point of use to form a single dwelling and which is designed for removal to, and installation or erection on, other sites. The term "mobile home" shall include "trailer."

(5)

Mobile home accessory building or structure: A structure which is an addition to, or a supplement for, the residential use of a mobile home. This definition shall include, but not be limited to, cabanas, carports, storage buildings and structures, porches or decks, without regard to whether such structures require a building permit prior to installation.

(6)

Mobile home park: A tract of land or a combination of tracts of land under single ownership or management which has been designed, constructed, equipped, operated and maintained for the placement of mobile homes.

(7)

Mobile home site: A parcel of land within a mobile home park designed for and equipped for the placement of a single mobile home.

(8)

Owner: The owner of any property intended to be developed as a mobile home park under this article or the owner of any property used as a mobile home park which shall be subject to this article.

(9)

Right-of-way: An area, public or private, over which the right of passage exists.

(10)

Street, private: A means of internal vehicular circulation within a mobile home park.

(11)

Street, public: The principal means of vehicular access to and circulation within a mobile home park, when designed and constructed pursuant to appropriate city standards and accepted by the city as part of the public street system.

(Ord. No. 562, § 1, 9-25-1984)

This article is not intended to interfere with the responsibility of the state board of health to administer regulations, as prescribed by Code of Virginia, § 32.1-12 et seq.

(a)

It is the intent and purpose of this article to permit the continued use of any mobile home park developed under previous laws and legally in operation on January 1, 1974; provided, however, that it is the further intent that certain provisions of this article, as enumerated below, shall apply to such existing mobile home parks within the time period specified, but otherwise the provisions of this article shall not apply to mobile home parks existing on January 1, 1974.

(b)

The provisions of this article shall be applicable to mobile home parks existing on January 1, 1974, on and after January 1, 1975, as to:

(1)

Permit requirements.

(2)

Electricity.

(3)

Plumbing.

(4)

Streets.

(c)

The provisions of this article shall be applicable to mobile home parks existing on January 1, 1974, on and after July 1, 1975, as to:

(1)

Skirting.

(2)

Subdivision requirements: The owners shall file or cause to be filed with the city a development plan containing such information as provided for in the requirements of development plans in the subdivision ordinance for the city. ^[12]

(3)

Street requirements, except that the provision pertaining to construction of streets is modified by this section to eliminate the requirement for curbs and gutters and the requirements for minimum street widths or streets existing January 1, 1974.

(4)

Fire protection.

(5)

Streetlights.

(6)

Refuse collection facilities.

(7)

Utilities: Water and sewer systems shall be installed by the mobile home par operator in all existing mobile home parks at such time as public facilities become available to the site. The existence of a force sanitary sewer main or a gravity main, although at such elevation or location as to require a lift or pumping station for service, shall be deemed "available."

(8)

Drainage.

(9)

Foundations.

(a)

No mobile home shall be located with the city except on an approved mobile home site within a mobile home park in accordance with all standards of applicable city codes for buildings and accessory equipment.

(b)

This section shall not apply to a mobile home temporarily stored in accord with the provisions of section 1-18 of this ordinance.

The development of a tract of land as a mobile home park shall be subject to all regulations of the subdivision ordinance pertaining to development plans, minimum improvement, required reviews and approvals and the platting and dedication of public streets, unless otherwise modified by this article.

Cross reference— Subdivision ordinance, app. B.

The location of mobile home parks in any district where permitted shall require a special use permit issued by the city council. Operators of such parks shall comply with the provisions of this article.

No special use permit for a mobile home park shall be issued by the council until the application and all supporting exhibits and documents have been referred to the planning commission for a report and recommendation, and no action shall be taken by the council until the public hearings have been held in relation thereto, the first by the planning commission, unless a period of 45 days has elapsed after date of reference and no report is received by the council, after which time the council may proceed to hold its public hearing, at which parties in interest and citizens shall have an opportunity to be heard. Notice of any public hearing shall be by publication in a newspaper having general circulation in the city, the publication of such notice to be at least 15 days prior to the holding of the hearing.

(a)

All mobile home parks shall be constructed, altered or changed in accordance with an approved plan of development pursuant to applicable requirements of this ordinance.

(b)

Three copies of a scale drawing shall be prepared and certified by a licensed civil engineer or surveyor showing all proposed spaces, utility installations, off-street parking, drainage, sewer taps, water taps, play or recreation area or areas, streets and any other improvements to be placed in a proposed mobile home park. No changes shall be permitted without the council's permission, after approval. In addition to the above, a boundary survey showing topography, with such contour intervals as may be necessary to show the character of the terrain must be provided, and such other details as required by the zoning administrator shall be submitted at the time of request for a special use permit.

In lieu of actual completion of the improvements required by this article, the owner may, subject to the approval of the city council, execute an agreement of completion [and] furnish to the city a certified check, letter of credit, or bond, with surety satisfactory to the city, in an amount equal to the cost of the incompleted required improvements. The form of agreement and type of bond or letter of credit shall be approved by the city attorney. The amount of bond and designated length of time of completion of the required improvements shall be fixed by the zoning administrator.

The boundary of a mobile home park shall be adequately screened from adjoining lands by trees, shrubs, public streets or fencing.

The development of any mobile home park shall provide for open space. A minimum of one-half acre of open space shall be cleared, maintained and adequately drained per 25 mobile home sites, exclusive of the required open space around the units, and the required open space shall be located uniformly throughout the park. Access to such open space shall generally be arranged so as to be accessible from the maximum number of mobile home units.

Each mobile home park shall be drained in conformity with regulations of the subdivision ordinance of the city.

Cross reference— Subdivision ordinance, app. B.

(a)

Streets in a mobile home park designated by the zoning administrator as essential to the continuity of the public street and utility system shall be constructed as public streets.

(b)

Streets deemed by the zoning administrator as not essential as public streets may be constructed as private streets in a mobile home park.

(c)

All streets within any mobile home park shall be constructed to the stands [standards] of the city subdivision ordinance. ^[13]

(d)

All dead-end streets in a mobile home park must have a 100 feet turnaround.

Cross reference— Streets, ch. 70.

Every street in a mobile home park shall be lighted with streetlights providing a uniform illumination level, subject to approval by the city council. An agreement shall be executed by the owner and the supplying utility company, in a form approved by the city, to ensure the maintenance of such lighting along all streets.

There shall be a minimum of two nine-foot by 18-foot off-street parking spaces provided or each mobile home space in a mobile home park. Off-street parking shall be provided as group parking in such a manner as to eliminate required backing of vehicles onto any public street. Curb cuts for driveways at individual mobile home sites shall not be permitted on public streets and, except in special cases where a mobile home site is not adequately served from a group parking area, such curb cuts shall not be permitted on private streets. Parking spaces shall be paved with either bituminous or Portland cement concrete in accordance with City of Poquoson standards.

(Ord. No. 758, § 1, 10-10-1989)

(a)

Each mobile home site shall be served by an approved sewer system installed in conformity with the existing sewer policy, as adopted by the city council, and connected to the municipally operated public system.

(b)

Water service and supply systems shall be installed in mobile home parks subject to all regulations and approval of the department of public utilities and connected to the municipally operated public system.

Mobile home parks utilizing a gas distribution system shall conform with regulations set forth in the city's building code.

Cross reference— Building code, § 7-21 et seq.

All plumbing fixtures, piping, drains, appurtenances and appliances designed for and used in mobile home parks drainage systems, water distribution systems, gas distribution systems, sewer systems and service connections shall be installed in conformity with the city's building code. All aboveground piping and service connections shall be concealed by the skirting of the unit it is intended to serve.

Cross reference— Building code, § 7-21 et seq.

All electrical installations in a mobile home park shall be subject to regulations and requirements of the city's building code.

Cross reference— Building cede, § 7-21 et seq.

All wiring designed to provide electrical service or telephone service or connections to [a] master television antenna system within a mobile home park shall be placed underground.

(a)

Mobile homes constructed prior to June 15, 1976, are not allowed to be parked in the city.

(b)

For each mobile home site within a mobile home park, there shall be provided 5,400 square feet of area or more, which shall front on an internal mobile home court, street, road or a right-of-way.

(c)

Mobile home sites shall be so arranged so as to provide not less than the following spacing between mobile home units:

Setback rear lot line ..... 20 feet

Public street right-of-way and mobile home unit ..... 25 feet

Side-to-side ..... 25 feet

End-to-end ..... 20 feet

Side-to-end ..... 20 feet

Setback from private streets (curb) ..... 15 feet

(d)

Porches, decks or room extensions may be provided as accessory uses to a mobile home unit provided that such are constructed and installed in accordance with all applicable building regulations (including guardrails or handrails as required thereby and provided that no porch, deck or room extension shall be closer than ten feet to another mobile home or other mobile home accessory building or structure.

(e)

Accessory buildings or structures may be utilized as an accessory use to a mobile home unit; provided, however, that no such building or structure shall be located closer than ten feet to an adjacent mobile home, porch, deck, room extension or other structure utilized as an accessory to a mobile home. A minimum of five feet shall be maintained between the accessory building or structure and the mobile home located upon the same lot.

(f)

Prior to the installation of any mobile home accessory building or structure, the lot tenant shall submit a scale drawing showing the proposed location of the structure. The scale drawing shall be signed by both the owner/operator of the park and the lot tenant.

(g)

Each mobile home site shall have concrete runners for the storage of a mobile home prior to occupancy.

(Ord. No. 562, § 2, 9-25-1984)

(a)

Prior to installation of each mobile home in a mobile home park, the mobile home park operator shall obtain a permit for such installation from the office of the building inspector of the city. Such permit, when certified by the office of the building inspector that the installation of the unit is in compliance with the provisions of this article, shall serve as a certificate of occupancy. A fee of $10.00 shall be paid for such permit.

(b)

No mobile home permit shall be issued for the installation of a mobile home in a mobile home park constructed after the effective date of this article, until the zoning administrator has issued a certificate of compliance certifying, in writing, that the owner of the mobile home park has complied with the standards of this article.

(c)

Every owner or operator of a mobile home park shall keep a record of each mobile home installed in or removed from such mobile home park. Such records shall be maintained on forms provided by the city, and such forms shall be filed with the city at intervals determined by the zoning administrator.

Each mobile home shall be erected on a foundation which shall be designed and constructed to support the unit without movement. Jacks, stabilizers and auger-type tiedowns shall be installed as necessary to prevent any movement of the unit.

All mobile homes erected or installed within the city shall within 30 days of installation be provided with skirting of rigid metal or plastic approved by the zoning administrator and effectively concealing the undercarriage or open space under the mobile home. There shall be no storage of any kind or description under any mobile home unit. Such skirting shall be securely fixed around the open space between ground level and the base of any mobile home unit.

Each mobile home park shall be provided with fire protection in accordance with the subdivision ordinance and a minimum eight-inch water main shall be required.

Cross reference— Subdivision ordinance, app. B.

(a)

Storage of fuel used for cooking or heating in individual quantities shall not be permitted in a mobile home park, except in containers approved by the building inspector. Containers of liquefied petroleum gas and their installation stored in individual quantities shall meet all requirements of the applicable building code and fire prevention codes of the city. No fuel used for cooking or heating shall be stored within a mobile home nor within five feet of a door thereof.

(b)

Central storage facilities of fuel distribution systems shall be subject to all applicable regulations of the building code, fire prevention code and this ordinance. Central fuel storage areas located above ground shall be fenced and screened. Such screening shall be in the form of a view-obscuring fence or suitable plant material arranged so as to form an attractive appearance in keeping with a residential character.

Whenever the provisions of this article impose a greater restriction or higher standard than are required by any other statute, local ordinance or regulation, the provisions of this article shall govern. Whenever the provisions of any other statute, local ordinance or regulation impose a greater restriction or higher standard than are required by this article, the provisions of such statute, local ordinance or regulation shall govern.

(a)

Whenever the zoning administrator finds that any provision of these regulations [this article] has been violated, he shall serve notice of such violation to the owner or agent of the mobile home court found in violation and/or to the owner or tenant of any mobile home found in violation. Such notice shall be in writing and shall include the reasons for its issuance and direct the said owner, agent, or tenant to comply with the terms of these regulations [this article]. The zoning administrator may provide reasonable time not to exceed 60 days to allow compliance with the ordinance. This time may be extended for an additional 60 days by the zoning administrator upon written request of the said owner, agent or tenant at his last known address. A copy of such notice shall be sent to the director of public health.

(b)

The failure, neglect, or refusal of any person to comply with the provisions of these regulations [this article] within the time specified in the notice provided for in this article shall constitute a misdemeanor and shall be punishable by a fine of not less than $50.00, nor more than $500.00, or by imprisonment in jail for not less than ten days nor more than 12 months, or both. Each day's failure to comply with any provision of these regulations [this article] shall constitute a separate offense.