A.   Intent: The intent of this section is to provide for the development of manufactured home parks for placement of manufactured homes as defined by Idaho State law, and establish minimum standards for the design, construction, alteration, extension, and maintenance of manufactured home parks and related utilities and facilities and authorize the issuance of permits, license and inspections of such manufactured home parks. All manufactured home parks shall be subdivided pursuant to the City Subdivision Code. The City Council is hereby authorized to make and, after public hearing, to adopt such written regulations as may be necessary for the proper enforcement of the provisions of this section. Such regulations shall have the same force and effect as the provisions of this section and the penalty for violation of the provisions thereof shall be the same as the penalty for violation of the provisions of this section, as hereinafter provided.

   B.   Uses And Developments Permitted: The following uses and developments may be conducted or constructed in the manufactured home park:

      Accessory buildings such as storage buildings, attached or detached.

      Carports and patios.

      Commercial rental.

      Convenience store without fuel sale.

      Individual manufactured homes as part of a manufactured home park.

      Manufactured home park.

      Pools and club houses.

   C.   General Standards: The manufactured home park development standards contained in the following subsections shall apply to all areas where manufactured home parks are permitted. The following subsections describe the standards for design, issuance of permits, authorizing the licensing of operations, authorizing the inspection of manufactured home parks, and fixing penalties for violations.

      1.   Minimum Area Requirements: The minimum area required for a new manufactured home park shall not be less than two (2) acres. Expansion of an existing manufactured home park must increase the overall size to not less than two (2) acres.

      2.   Density: Density shall not exceed ten (10) manufactured homes per acre, excluding road area requirements, unless otherwise approved by the City Council.

      3.   Recreation Area: A recreation area may be required to serve the needs of park residents.

   D.   Permits: No person shall construct, alter or extend any manufactured home park within the limits of the City unless he holds a valid permit issued by the City in the name of the person for the specific construction, alteration or extension proposed. When any person desires to develop a manufactured home park, that person shall file an application with the City on forms furnished by the City. A pre-application meeting between the developer and the Administrator may be held to discuss the site design, location, public service needs, and related areas of concern for the proposed development.

      1.   All applications for permits shall be made to the City and shall include at least the following:

         a.   Name, mailing address, email address, and phone number of applicant;

         b.   Interest of the applicant in the manufactured home park (i.e., owner, agent, etc.);

         c.   Location and legal description of the manufactured home park;

         d.   Description of existing use and zoning district;

         e.   Certificate of Ownership issued by a licensed title company as to the ownership of record, and any interest of record, and a list of all property owners of record within three hundred feet (300') of the external boundaries of the proposed development; and

         f.   Complete site plan and specifications of the proposed park showing:

            (1)   The area and dimensions of the tract of land.

            (2)   The number, location and size of all manufactured home lots.

            (3)   The location and width of roadways, driveways and walkways.

            (4)   The location of service buildings and any other proposed structures.

            (5)   The location of water and sewer lines and riser pipes.

            (6)   Plans and specifications of the water supply and refuse and sewage disposal facilities.

            (7)   Plans and specifications of all buildings constructed or to be constructed within the manufactured home park.

            (8)   The location and details of lighting and electrical systems.

            (9)   Provisions for extra parking and recreation space, size and location.

            (10)   Location of fire hydrants within or adjacent to the park.

            (11)   Grading and drainage of property.

            (12)   An enlarged plot plan of a typical manufactured home space showing the stand, patio, carport, storage space, parking, sidewalk, utility connections and landscaping.

      2.   All applications shall be accompanied by a conditional use permit.

      3.   When, upon review of the application and public hearings, the City is satisfied that the proposed plan meets the requirements of this section and regulations issued hereunder, a permit shall be issued.

   E.   Inspection Of Manufactured Home Parks:

      1.   The building inspector or Code Enforcement Officer is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this section and regulations issued hereunder.

      2.   The building inspector or Code Enforcement Officer shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this section and regulations issued hereunder.

      3.   The building inspector or Code Enforcement Officer shall have the power to inspect the register containing a record of all residents of the manufactured home park.

      4.   It shall be the duty of the owners or occupants of manufactured home parks, and manufactured homes contained therein, or of the person in charge of them, to give the building inspector or Code Enforcement Officer free access to such premises at reasonable times for the purpose of inspection.

      5.   It shall be the duty of every occupant of a manufactured home park to give the owner or his agent or employee access to any part of the manufactured 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 section and regulations issued pursuant to the provisions of this section.

   F.   Notices, Hearings, And Orders:

      1.   Whenever the building inspector or Code Enforcement Officer determines that there are reasonable grounds to believe that there has been a violation of any provisions of this section, or its regulations, the building inspector or Code Enforcement Officer shall give notice of the alleged violation to the person to whom the permit was issued. The notice shall:

         a.   Be in writing;

         b.   Include a statement of the reasons for its issuance;

         c.   Allow a reasonable time for the performance of any act it requires;

         d.   Be served upon the owner or his agent as the case may require; provided that such notice or order shall be deemed to have been sent by registered mail to his last known address, or when he has been served with such notice by any other method authorized or required by the laws of this State; and

         e.   Contain an outline of remedial action, which, if taken, will affect compliance with the provisions of this section and its regulations.

      2.   Any person affected by any notice that has been issued in connection with the enforcement of any provision of this section, or its regulations, may request and shall be granted a hearing on the matter before the City Council authority; provided that such person shall file in the Office of the City Clerk a written petition requesting a hearing and setting forth a brief statement of the grounds for it within ten (10) days after the day the notice was served. The filing of the request for a hearing shall operate as a stay and suspension of the notice.

Upon receipt of the petition, the City Council shall set a time and place for the hearing and shall give the petitioner written notice.

At the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn. The hearing shall be commenced not later than thirty (30) days from when the petition was filed; provided that upon application of the petitioner the City Council may postpone the date of the hearing for a reasonable time beyond the thirty (30) day period when, in their judgment, the petitioner has submitted good and sufficient reasons for such postponement.

      3.   After the hearing the City Council shall make findings as to compliance with the provisions of this section and its regulations and shall issue an order in writing sustaining, modifying or withdrawing the notice that shall be served as provided in chapter 16 of this title.

      4.   The proceedings at such a hearing, including the findings and decisions of the City Council, and together with a copy of every notice and order related to it shall be entered as a matter of public record. Any person aggrieved by the decision of the City Council may seek relief from it in any court of competent jurisdiction, as provided by the laws of this State.

      5.   Whenever the building inspector or Code Enforcement Officer finds that an emergency exists that requires immediate action to protect the public health, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that action be taken as he may deem necessary to meet the emergency including the suspension of the permit. Notwithstanding any other provisions of this Code, such order shall be effective immediately. Any person to whom such an order is directed shall comply with it immediately, but upon petition to the City Council shall be afforded a hearing as soon as possible.

   G.   Standards For Manufactured Home Parks:

      1.   Space:

         a.   See subsection C2 of this section;

         b.   Each manufactured home space shall be provided with a minimum outdoor living area of three hundred (300) square feet;

         c.   Each manufactured home space shall be provided with a patio paved with asphalt, concrete or suitable hard surfaced material which shall have a minimum area of one hundred forty (140) square feet with a minimum width of ten feet (10'). The patio shall not occupy more than one-half (1/2) of the outdoor living area;

         d.   Each manufactured home space shall be provided with a covered carport paved with asphalt, concrete or suitable hard surfaced material and have a minimum width of ten feet (10').

         e.   All utilities necessary to serve the manufactured home park shall be located underground and any necessary easements for maintenance and repair shall be granted to the affected utility owner.

   H.   Environmental, Open Space, And Access Requirements:

      1.   General Requirements: Condition of soil, ground water level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion, or shall be used for any purpose that would expose persons or property to hazards.

      2.   Soil And Ground Cover Requirements: Exposed ground surfaces in all parts of every manufactured home park, excepting those areas used for flower beds, vegetable gardens and designated recreational areas, shall be paved, or covered with stone screening, or other solid material, or protected with grass lawn that is capable of preventing soil erosion and of eliminating objectionable dust.

   I.   Site Drainage Requirements: The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner.

   J.   Park Areas For Nonresident Uses:

      1.   No part of any park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.

      2.   Nothing contained in this section shall be deemed as prohibiting the sale of a manufactured home located on a manufactured home stand and connected to the pertinent utilities.

   K.   Required Separation Between Manufactured Homes:

      1.   Manufactured homes shall be separated from each other and from other buildings and structures by at least fifteen feet (15').

      2.   An accessory structure that has an area exceeding twenty five (25) square feet and is attached to a manufactured home or located within ten feet (10') of its window shall, for purposes of all separation requirements, be considered to be part of the manufactured home.

   L.   Required Recreational Areas:

      1.   In all parks accommodating or designed to accommodate six (6) or more manufactured homes, there shall be one or more recreational areas that shall be easily accessible to all park residents.

      2.   The size of the recreation areas shall be based upon a minimum of two hundred fifty (250) square feet for each lot. No outdoor recreation area shall contain less than five thousand (5,000) square feet.

      3.   Recreation areas shall be located as to be free of traffic hazards and should where topography permits, be centrally located.

   M.   Required Setbacks, Buffer Strips, And Screening:

      1.   Boundary Lines: All manufactured homes shall be located at least twenty five feet (25') from any park property boundary line abutting upon a public street or highway and at least fifteen feet (15') from other park boundary lines.

      2.   Adjoining Pavement: There shall be a minimum distance of ten feet (10') between an individual manufactured home and adjoining pavement of a park, street, or common parking area or other common areas.

      3.   Front Yard: A minimum front yard setback for a manufactured home park shall be ten feet (10') from the property line except as provided for in subsection M1 of this section.

      4.   Side Yards: Each individual unit shall have yards on each side of a minimum five feet (5').

      5.   Rear Yard: Each individual unit shall have a rear yard of a minimum ten feet (10').

      6.   Boundary Development: A solid, sight obscuring fence or wall of not less than six feet (6') in height, is required to surround the manufactured home park. The fence or wall may be placed up to the property line if adequate vision clearance for entrances and exits is maintained. Gates may be required at entryways other than the main entry for emergency services and emergency exits.

   N.   Park Street System:

      1.   General Requirements: All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each manufactured home lot. Alignment and gradient shall be properly adapted to topography.

      2.   Access: Access to manufactured home parks shall be designed to minimize the congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent streets. The entrance road connecting the park streets with a public street or road shall have a minimum road pavement width of thirty six feet (36') where parking is permitted on both sides and a minimum road pavement width of twenty eight feet (28') where parking is limited to one side. Where the primary entrance road is more than one hundred feet (100') long and does not provide access to abutting manufactured home lots within such distance, the minimum road pavement width may be twenty four feet (24'), provided parking is prohibited at both sides.

      3.   Internal Streets: Surfaced roadways shall be of adequate width to accommodate anticipated traffic and in any case shall meet the following minimum requirements:

         a.   All streets, except minor streets - thirty six feet (36').

         b.   Minor streets, no parking - twenty four feet (24').

         c.   Dead-end streets shall be limited in length to one thousand feet (1,000') and shall be provided at the closed end with a turn-around having an outside roadway diameter of at least sixty feet (60') or other Fire District approved configuration.

   O.   Required Illumination Of Park Street Systems: A street lighting plan shall be approved by the Administrator.

   P.   Street Construction And Design Standards: Pavement, grades and intersections shall be constructed to meet the City Public Works standards and specifications.

   Q.   Required Off-Street Parking:

      1.   Off-street parking areas shall be provided in all manufactured home parks for the use of park occupants and guests. Such areas shall be furnished at the rate of at least one and one-fourth (11/4) car spaces for each manufactured home lot.

      2.   Required car parking spaces shall be so located as to provide convenient access to the manufactured home that it is intended to serve.

   R.   Walks:

      1.   General Requirements: All parks shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual manufactured homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.

      2.   Common Walk System: A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of five feet (5') (ADA accessible).

      3.   Individual Walks: All manufactured home stands shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two feet (2').

   S.   Manufactured Home Stands: The area of the manufactured homes stand shall not heave, shift or settle unevenly under the weight of the manufactured home due to frost action, inadequate drainage, vibration or other forces acting on the superstructure. Stands must be paved with asphalt or concrete surfacing. All manufactured homes shall be skirted within thirty (30) days of installation and setup.

   T.   Water Supply: Each space shall be connected to the City water system (where available) and served by an individual water meter.

   U.   Sewage System: Each space shall be connected to the City sewer system (where available) and served by an individual sewer connection.

   V.   Electrical Distribution System: Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances that shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

   W.   Refuse Handling:

      1.   The storage, collection and disposal of refuse in the manufactured home park shall be so conducted as to create no health hazard, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.

      2.   All refuse shall be stored in fly-tight, watertight, rodent- proof containers, which shall be located not more than one hundred fifty feet (150') from any manufactured home lot, unless otherwise approved by the Administrator. Containers shall be provided in sufficient number and capacity to properly store all refuse.

      3.   Refuse collection stands shall be provided for all refuse 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.

      4.   All refuse containing garbage shall be collected at least once weekly. Where suitable collection service is not available from Municipal or private agencies, the manufactured home park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers.

      5.   Where Municipal or private disposal service is not available, the manufactured home park operator shall dispose of the refuse by transporting it to a disposal site approved by the health authority.

   X.   Insect And Rodent Control:

      1.   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 to the requirements of the health authority.

      2.   Parks shall be maintained free of accumulations of debris that may provide rodent harborage or breeding places for flies, mosquitoes and other pests.

      3.   Storage areas shall be so maintained as to prevent rodent harborage. Lumber, pipe and other building material shall be stored at least one foot (1') above the ground.

      4.   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.

      5.   The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.

   Y.   Fuel Supply And Storage:

      1.   Fuel Oil Supply Systems: All fuel oil systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

      2.   Firewood Storage: Shall be either in an enclosed building or neatly stacked out of view.

   Z.   Fire Protection:

      1.   The manufactured home area shall be subject to the rules and regulations of the local fire authority.

      2.   Manufactured home parks shall be kept free of litter, rubbish and other flammable materials.

      3.   Portable fire extinguishers, or a type approved by the local fire authority, shall be kept in service buildings and at all other locations designated by the local fire authority and shall be maintained in good operating condition.

      4.   Fires shall be made only in stoves, fire pits approved by the local fire authority, or other equipment intended for such purposes.

      5.   Fire hydrants shall be installed in accordance with current International Fire Code requirements.

   AA.   Miscellaneous Requirements:

      1.   Responsibilities Of The Park Management:

         a.   The person to whom a permit for a manufactured home park is issued shall operate the park in compliance with this section and its regulations and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

         b.   The park management shall notify park occupants of all applicable provisions of this section and inform them of the duties and responsibilities under this Code and its regulations.

         c.   The park management shall supervise the placement of each manufactured home on its manufactured home stand, which includes obtaining a setting permit from the City, securing its stability and installing all utility connections.

         d.   The park management shall keep all common grounds landscaped and mown.

      2.   Responsibilities Of Park Occupants:

         a.   The park occupants shall comply with all applicable requirements of this section and regulations issued hereunder and shall maintain their manufactured home lot, its facilities and equipment in good repair and in a clean and sanitary condition.

         b.   The park occupants shall be responsible for proper placement of their manufactured home on its manufactured home stand and proper installation of all utility connections in accordance with the instructions of the park management.

         c.   The park occupants shall keep private lawns mown and lots weed free.

      3.   Restrictions In Occupancy: A manufactured home shall not be occupied for dwelling purposes unless it is properly placed on a manufactured home stand and connected to water, sewerage and electrical utilities.

      4.   Skirting: All manufactured homes in the City shall be skirted with a prefinished metal skirting or a solid, opaque skirting that is compatible in appearance with the home's siding. No unfinished wood or ply-wood shall be allowed. The skirting shall be in contact with the ground but shall not attach the manufactured home to the ground. The skirting shall be rodent- proof, be maintained in good repair at all times and shall extend around the entire perimeter without gaps or holes, other than required for ventilation, or access, which shall be screened. Skirting shall be required within thirty (30) days of the manufactured home installation. (Ord. 597, 8-6-2018)