Within city limits, to preserve the unique character and beauty of established neighborhoods; and to allow for a variety of housing types and options, mobile/manufactured homes may be allowed within an A3 zone if approved through a Special Use Permit as specified in PMC 17.40. The owner of such a park shall obtain a business license before commencing operation of the park and continue to maintain such a license, uninterrupted, for as long as the park operates. This chapter provides regulations for the establishment, construction, improvement, and alteration of private mobile homes and mobile home parks in the incorporated area of the city to promote, protect and secure the public health, safety, and general welfare of its inhabitants.

(Ord. 443 Ch. 1 § 9 (C), 1979)

1. Mobile/Manufactured Home: Any vehicle or structure constructed on a permanent chassis for transportation upon a roadway that may be used as a permanent dwelling unit, a temporary dwelling unit, or for permanent or temporary human occupancy. This includes mobile homes, trailers, manufactured homes, single wide trailers, double-wide trailers, et cetera. When used as a permanent or temporary dwelling unit, or as a temporary or permanent place of human occupancy within city limits, this includes recreational vehicles, camper trailers, et cetera. This does not include modular homes or buildings constructed in prefabricated sections and moved from factory or place of construction to a location within the city 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.
2. Mobile/Manufactured Home Accessway: An unobstructed private road of specified width containing a drive or roadway which provides vehicular access within a mobile/manufactured home park and connects to a public street. All accessways shall include ribbon curb and swale, or vertical curb and gutter.
3. Mobile/Manufactured Home Park: A tract of land upon which a minimum of four (4) or more mobile homes/manufactured homes are parked for living/sleeping purposes, with such premises having been set apart for supplying the public with space for such mobile/manufactured homes for sleeping purposes.
4. Mobile/Manufactured Home Space: A plot of ground within a mobile/manufactured home park designed for the use or occupancy of one (1) mobile/manufactured home.
5. Mobile/manufactured 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 (10) feet wide and forty-five (45) feet long.
6. 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.
7. Setbacks: 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.

1. No mobile/manufactured home shall be allowed to be used as a permanent or temporary dwelling unit or for permanent or temporary human occupancy within the city limits unless it has been placed on an established space within an established mobile/manufactured home park.
2. It is unlawful for any person to park a mobile/manufactured home within the corporate limits of the city outside of a mobile/manufactured home park with intent to make use of the same for human habitation. Such prohibition shall apply irrespective of whether the parking site is on private or public premises, streets, alleys, or highways at all times, except for emergency purposes.
3. If the use of the property for a mobile/manufactured home park is discontinued for any reason for more than six months, it shall not be reestablished without first going through the process set forth to establish such a park.
4. The storage of any unoccupied and uninhabited mobile home not exceeding eight (8) feet 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 provision of this title or any other regulations of Preston.

1. Regardless of the provisions contained in this chapter, when a person desires to construct a permanent building for business use within the city or to locate in such a building within the city, and desires temporary facilities for use as a business until such permanent building can be constructed or remodeled, said person may temporarily locate or place a mobile/manufactured home on the property which has been previously zoned for business use under the zoning ordinance of the city for the sole use by said person as a place of business.
2. Said person shall first obtain a building permit from the city before the mobile/manufactured home is placed on the property.
3. No human occupancy of the premises shall be allowed except for purposes of conducting the business and said mobile/manufactured home shall not be used as a permanent or temporary dwelling unit or for permanent or temporary human occupancy.
4. The temporary placement of the mobile/manufactured home within a business district shall be limited to a period of one year at which time the mobile home shall be removed from the premises and no longer used on the premises for any purpose whatsoever.

No person, firm, or corporation shall construct enlarge or alter any mobile/manufactured home park without first obtaining approval of the city engineer, the Planning and Zoning Commission, and the City Council as established in this chapter.

Whenever there is a conflict or difference between the provisions of this chapter and those of other ordinances, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in existing ordinances.

1. All uses that may be allowed within the land use district are permitted within a mobile/manufactured home park, except those provisions relating to the keeping of animals per 17.38.
2. Mobile/manufactured home parks are not allowed within approved or platted subdivisions.

An application for approval of a mobile/manufactured home park may be filed by a property owner or his agent. The mobile/manufactured home park application shall be filed with the name(s) of the recorded owner(s) of the property included in the development; however, the application may be filed by the holder(s) of an equitable interest in such property.

1. Ten (10) percent of the gross land area developed in any mobile/manufactured home park exceeding 10 units shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. The actual land area, use, and placement will be negotiated between the city and the applicant on a case-by-case basis.
2. A common open space is a parcel or parcels of land, an area of water, or a combination of land and water within a mobile/manufactured home park designated and intended for use or enjoyment of residents of the development in common, not including, however, the area within any road, driveway, parking area, sidewalk or enclosed building or structure except those designed for recreational use.
3. All areas not covered by buildings, parking spaces, sidewalks, or driveways shall be planted into lawn, trees, and shrubs, and thereafter maintained following good landscape practice. The minimum level of landscape shall be one (1) tree per unit and shall include perimeter screening and fencing. Mobile/manufactured home parks shall be landscaped with permanent and irrigated lawn, trees, and shrubs complimenting the city and surrounding area as approved by the planning and zoning commission.
4. In developments with ten (10) or more units, there shall be provided a usable recreation or playground area outside of the front yard setback, with a total minimum area of one thousand (1,000) square feet for the first ten (10) units and two hundred (200) additional square feet for each additional unit.
5. The required amount of common spaces reserved under a mobile/manufactured home park shall be held in corporate ownership by owners of the project for the use of each owner who buys property within the development or shall be sold to the owners of the project as a group. Public utility and similar easements and rights-of-way for watercourses and other similar channels are not acceptable for common open space unless such land or right-of-way is usable and is approved by the Commission.
6. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.
7. The developer may voluntarily propose alternative means to satisfy the open space requirement through a contribution of land, funds, or a combination thereof as may be agreeable to the city, subject to a written agreement. Any contribution would be based upon the fair market value of the land in the area of the development in a developed, subdivided condition. The final determination of fair market value shall be made by the city engineer, following submittal by the developer of an appraisal or other evidence of fair market value, and subject to review by the city council. Contributions shall be used for acquisition or improvement of open space as multi-use paths, parks, or playgrounds to serve the immediate and future needs of the development and the general area in conformance with the city's comprehensive plan.

1. In a mobile/manufactured home space, there shall be a minimum area of three-thousand two-hundred (3200) square feet per unit, and structures will be subject to minimum setbacks.
   1. Front Yard. The front setback for each mobile/manufactured home from the interior sidewalk or private road line will be a minimum of ten (10) feet.
   2. Rear Yard. The rear yard from a building to the rear property line will be a minimum of five (5) feet.
   3. Side Yard on the door side. The side yard measured between the property line and a building shall be twenty (20) feet.
   4. Side yard on no access side. The side yard measured between the property line and a building shall be five (5) feet
2. For a mobile/manufactured home park, there shall be minimum yard clearances.
   1. Front or side yard abutting a public street: Twenty-five (25) feet.
   2. Side yard bordering adjacent property: fifteen (15) feet.
   3. Rear yard bordering adjacent property: fifteen (15) feet.

1. The required front yard and side yard which faces on a public street or accessway shall not be used for parking space but shall be landscaped and maintained.
2. At a minimum, two off-street parking spaces, which each have dimensions of a nine (9) foot width by a twenty (20) foot length, are required per dwelling unit.
3. Each parking area shall be of gravel or hard-surfaced.
4. In no case shall the parking space be located greater than one hundred (100) feet away from the unit it is designed to serve.
5. There shall also be required one (1) visitor parking space, located in a common area, for each two (2) mobile/manufactured homes. In calculating the required number of parking spaces available, street parking shall not be included. All fractional numbers shall be rounded up.
6. No unit owner, development manager, or any occupant thereof, or any other person shall store or keep any motor home, camp trailer, four-wheeler, three-wheeler, snow machine or other type of recreational or motor vehicle upon any street or on a lot within the mobile/manufactured home park, except within specifically designated storage areas, as approved by the city, which storage areas shall be separate from the parking area for motor vehicles as set forth above in this section. All storage areas shall have an asphalt or concrete surface and such other improvements as may be required by the planning and zoning commission.

Underground utilities, including telephone and electrical systems, are required within the limits of all mobile/manufactured home parks. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the commission finds that such exception will not violate the intent or character of the proposed mobile/manufactured home park.

To provide an incentive for a quality mobile/manufactured home park, and to preserve natural characteristics or avoid sensitive areas, and to avoid the density problems created by clustering of mobile/manufactured home parks, no mobile/manufactured home park shall be permitted within a five-hundred (500) foot radius of any portion of any other mobile/manufactured home park.

1. The Planning and Zoning Commission may review and approve the arrangements of structures and open spaces as shown on the preliminary development plan to assure that adjacent properties will not be adversely affected.

Accessways/ private roads shall be of adequate width to accommodate anticipated traffic as follows:

1. For one-way and no parking: twenty (20) feet in width.
2. For two-way and no parking: twenty-eight (28) feet in width.
3. For one-way with parking: thirty (30) feet in width.
4. For two-way with parking: forty (40) feet in width.
5. For entrance streets: minimum of sixty (60) feet of right-of-way (forty (40) feet curb-to-curb).
6. Mobile/Manufactured home parks requesting/requiring internal garbage service on a private road(s), shall design and construct the roadway(s) to city standards and be sufficient to support the weight of the truck and accommodate its turning movements.
7. All roads and improvements shall be constructed per current PMC standards. Entrances shall be no closer than one hundred (100) feet from each other, nor closer than seventy (70) feet to the corner of an intersection, and one hundred (100) feet from any intersection with a state highway.

The granting of a permit for a mobile/manufactured home park shall require a pre-application, a preliminary development plan, and a final development plan. A review of applicable subdividing provisions and regulations shall be carried out simultaneously with the mobile/manufactured home park review process.

1. Pre-Application Meetings- the developer shall meet with the City Engineer before the submission of the preliminary development plan. The purpose of this meeting is to discuss informally the purpose and effect of the potential development, the criteria, and standards contained herein, to familiarize the engineer with the plan, and to familiarize the developer with this chapter and such other information as deemed appropriate.
2. Contents of Application of Preliminary Development Plan- an application for approval of a mobile/manufactured home park preliminary development plan shall be filed with the City Clerk by at least one (1) property owner or agent of the property owner. At a minimum the application shall contain the following information:
   1. Name, address and phone number of the applicant;
   2. The legal description of the property;
   3. Description of existing use;
   4. Zoning district(s);
   5. Vicinity map showing property lines, streets, existing zoning and such other information as the commission may require to determine if the proposal meets the intent and requirements of this chapter;
   6. A preliminary development plan showing topography at two (2) foot intervals; location and type of residential land uses; layout, dimension and names of existing and proposed streets; rights-of-way; utility easements; parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone, and natural gas, and such other characteristics as the commission may deem necessary; and
   7. Proposed schedule for the development of the site.
   8. All material shall be submitted to the city clerk's office two (2) weeks before the next regularly scheduled meeting. An application will not be placed on the agenda until all applicable documents are submitted.

The same procedures for a public hearing and legal notification as required for Special Use Permits shall be followed.

1. Within the next thirty (30) days after the public hearing, the commission shall review the preliminary development plan to determine:
   1. If the development is consistent with the intent and purpose of this chapter;
   2. If the proposed development advances the general welfare of the city;
   3. If the benefits, the combination of various land uses, and the interrelationship with land uses in the surrounding area justify the deviation from standard district regulations.
2. The commission's approval in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse the precise location of uses, the configuration of parcels, or engineering feasibility.
3. The commission shall consider the general standards applicable to Special Use Permits and criteria for special uses for approving, in principle, a preliminary development plan.

Upon approval of a preliminary development plan, an application for approval of the final development plan may be filed with the city clerk's office by at least one (1) property owner or his agent. The application shall be submitted at least fourteen (14) days before a regularly scheduled meeting. Together with the application, the developer shall also submit a set of construction plans for review and approval by the city. The application will not be placed on the agenda until it has been properly reviewed and all fees paid. Each application shall be signed by the owner, attesting to the truth and exactness of all information supplied on the application. At a minimum, the application shall contain the following information:

1. All the information required on the preliminary development plan;
2. A survey, prepared by an Idaho licensed land surveyor, of the proposed development site showing the dimensions and bearings of the property lines, area in acres, topography and existing features, including wooded areas, structures, streets, easements, utility lines, and land uses;
3. A site plan indicating, where applicable, lot sizes and locations, all proposed buildings and all functional use areas, including streets, parking areas, public improvements, and open space;
4. Engineering feasibility studies and plans showing water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal facilities; street improvements and nature and extent of earthwork required for site preparation and development;
5. A schedule of the development of units to be constructed in progression, a description of design principles and preliminary building plans, including exterior elevations, or an architect's rendition thereof;
6. Landscaping plans and a grading and drainage plan;
7. A conveyance or set of conveyances, restrictions, covenants, articles of incorporation, bylaws, articles of association, or other binding agreement which will govern and ensure adequate, proper and continued maintenance and protection of the mobile/manufactured home park, its private streets, service areas, water and sewer lines, and all other common property and facilities, including provisions for a financial reserve for repair of commonly owned facilities and the collection of fees for maintenance;
8. All maintenance of private drives, including, but not limited to, utilities, drainage, streets, snow removal, open spaces, and any other facilities not dedicated to and accepted by the city, shall be the responsibility of the owner, homeowner's association or other entity having the legal obligation to govern and manage the mobile/manufactured home park, and its common property and facilities. Facilities dedicated to, and accepted by the city, such as water and sewer, shall have recorded easements.
9. All postal mail shall be delivered to a common area, cluster mailbox. The location of the cluster mailbox shall be as established by the postmaster and developer, and accepted by the city.
10. After construction of the mobile/manufactured home park has commenced, any failure on the part of the developer or assignees or the homeowner's association to maintain the development per the agreed management policies, covenants, conditions, restrictions, or agreements shall be deemed a public nuisance endangering the health, safety, and general welfare of the public and detriment of the surrounding area, and shall be punishable or abated in any manner provided by law. In addition to any other remedy provided by law for the abatement or removal of such public nuisance, the city may remove or abate the nuisance or correct the defect in maintenance and charge the costs thereof, including reasonable attorney's fees to the developer or his assigns or the homeowner's association and/or cause the cost thereof to be placed upon the tax rolls of the developer, his transferee or assigns, or the homeowner's association.
11. Secondary Water. Provisions in the final plan shall be made for secondary non-culinary water to be used for irrigation purposes within a mobile/manufactured home park. The secondary water system shall provide, within each mobile/manufactured home park, at a minimum, an amount of non-culinary water equal to one and one-half (1.5) acre-feet per platted acre of the mobile/manufactured home park. The type, extent, location, and capacity of the facilities necessary to provide secondary water for a mobile/manufactured home park shall be recommended by the developer, reviewed by the city engineer for adequacy, and the planning and zoning commission and approved by the city council. Policies and procedures governing secondary water may be adopted by resolution of the mayor and city council, and all developers shall be required to comply with said policies. If secondary water cannot be delivered to the property, an alternative solution, agreeable to both parties, may be made if specified elsewhere in this code.
12. No building permit shall be issued by the city unless all water, sewer, or other fees owed the city are paid in full.

1. Within sixty (60) days after receipt of the final development plan, the Commission shall recommend that the final development plan be approved as presented, approved with conditions, or disapproved. The commission shall transmit all papers constituting the record and their recommendation to the council.
2. The Commission shall find that the facts submitted with the application and presented to them establish that:
   1. The proposed development can be initiated within one (1) year of the date of approval;
   2. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and any increased densities will not generate traffic in such amounts as to overload the street network outside the mobile/manufactured home park;
   3. The mobile/manufactured home park is in general conformance with the plan; and
   4. The existing and proposed utility services are adequate for the population densities and non-residential uses proposed

1. Within thirty (30) days after receipt of the final recommendation of the Commission, the City Council shall approve the application as presented, approve with conditions, or disapprove. Upon granting or denying the application the Council shall specify.
   1. The code or ordinance section(s) or standards used in evaluating the application; and
   2. The reason for approval or denial.
2. If the application is approved, the council shall direct the city clerk to issue a permit only per the approved final development plan.

The approval of a final development plan for a mobile/manufactured home park shall be for a period not to exceed one (1) year to allow for preparation and recording of the plats and the development of the project. Construction, of the project or approved phase(s), shall then be completed within one (1) year, or the approved development plan shall be void. If no construction has begun within one (1) year after approval is granted, the approved final development plan shall be void. An extension of the time limit or modification of the approved plan may be granted if the commission finds such extension or modification is not in conflict with the public interest, and if the said extension is requested before the expiration one (1) year time period previously mentioned. Phasing of the mobile/manufactured home park may be permitted by the city on a case by case basis.

Before the developer is permitted to move any units into a mobile/manufactured home park, the final plan plat shall be recorded and all required improvements shall be installed. The developer shall comply with all requirements of final plat dedication and acknowledgment.

All improvements constructed within and for a mobile/manufactured home park; including but not limited to curb, gutter, sidewalk, roads, water system, sewer system, and stormwater, will be built in accordance to the city construction standards in force at the time of the application.

The council shall set fees by resolution for the review of preliminary plan applications, final development plans, anticipated publication and postage costs for hearings relevant to an application, for city consultant fees and reviews, or for other expenses which may be or are incurred by the city. The applicant shall pay such fees to the city before the action to be taken by the city. All fees referred to in this Section may be set, amended, adjusted, and modified from time to time by resolution of the city council.

Any person or entity violating any provision of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of up to one thousand dollars ($1,000.00) or by confinement in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment. Each day that a violation of this chapter continues shall be deemed a separate offense.