No person shall occupy any mobile home except in R-6 Mobile Home District, R-7 Mobile Home District, or in a mobile home park which is licensed under this article. Provided, a mobile home may be occupied for business or residential use outside such zones or a licensed mobile home park as follows:

   (A)   If mounted upon a permanent type foundation and it shall conform to all applicable requirements of the building, electrical, plumbing and zoning ordinances, and other ordinances of the city;

   (B)   When placed in a travel trailer park and occupied as a residence or the park office by the caretaker or owner of the park (not to exceed, however, one such unit);

   (C)   When used as a field office during construction; or

   (D)   When displayed for sale on a mobile home sales lot or at a mobile home manufacturing plant, in which latter situations one such unit may be occupied for residential purposes or as a mobile home sales office.

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   Natural gas lines shall not be installed on or above the surface of the ground under or adjacent to mobile homes.

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   All mobile home mechanical systems shall comply with all ordinances of the city and laws of the state which are applicable to systems of that type.

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   A mobile home and a mobile home lot in an R-6 Mobile Home District shall conform to all of the requirements as described below.

   (A)   Lots; area; setbacks. A mobile home and mobile home lot in the R-6 Mobile Home District shall conform to the minimum lot and yard requirements for single-family dwellings as specified in the regulations for the R-1a Single-Family District, except that the minimum lot size shall be 16,640 square feet and the minimum interior side setback shall be 12 feet.

   (B)   Height. The height restrictions in the R-1a Single-Family District shall apply also to the R-6 Mobile Home District.

   (C)   Principal uses and structures. Any principal use and structure permitted in R-1a Single- Family District shall be permitted in R-6 Mobile Home District.

   (D)   Accessory uses and structures. Accessory uses and structures permitted in R-1a Single- Family District and those normally appurtenant to such uses and structures shall be permitted in R-6 Mobile Home District; provided:

      (1)   Attached carports, porches, or similar structures shall be constructed of the same basic materials as the mobile or modular home;

      (2)   A detached accessory building placed on a lot with a standard mobile home shall not be required to be to the rear of the mobile home; and

      (3)   Accessory structures shall not be located in any of the setback areas.

   (E)   Foundations; anchors; storage. A mobile home in R-6 Mobile Home District shall be placed on a permanent foundation of concrete block, poured reinforced concrete, pier type construction, or other comparable foundations which meet the minimum standards of the city’s Building Code for single-family dwelling building foundations. The permanent foundation should be adequate for the placement and tie-down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation, or overturning. Anchors and tie-downs shall be placed at least at each corner of the mobile home and at intervals not to exceed 24 feet. Tie-downs shall be of the strap type (Type 1, Class B, Grade 1 steel straps, one and one-fourth inches wide and 0.035 inches thick, sometimes marked “Federal Specification QQS-781-F”) and shall run over or through the roof from an acceptable ground anchor. The ground anchor shall be constructed to resist a force equal to or exceeding a working load of 3,150 pounds. Unless the foundation is continuous, there shall be installed between the permanent segments a non-combustible skirt. No combustible material shall be stored under a mobile home.

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   Each mobile home park lot shall be numerically designated for address and mail purposes.

(Ord. 3639, passed - -2000)

   (A)   Connection to streets. The interior drive system within a mobile home park shall connect to public streets at two or more points.

   (B)   Name. All mobile home park drives shall have identification names corresponding to those shown on the plan submitted by the owner for approval.

   (C)   Improvement. Interior mobile home park drives shall be improved 40 feet from back of curb to back of curb. All such drives shall be constructed to a minimum standard equivalent to two course bituminous penetration surface placed on a six inch stabilized base course with concrete curb and gutter.

   (D)   Maintenance. All mobile home drives shall be maintained by the owner in a safe and reasonably usable condition at all times.

   All interior sidewalks shall be of concrete four inches in thickness and four feet in width. Exterior sidewalks shall comply with the requirements of the ordinances of the city pertaining to public sidewalks. No sidewalks shall be obstructed by fences, by parked vehicles, or otherwise.

(Ord. 3639, passed - -2000)

   All areas of mobile home parks shall be adequately drained to the mobile home park drives and to public streets or drainage ways. Drainage improvements shall be adequate to contain drainage flow which is reasonably to be anticipated.

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   No driveways shall be constructed or drainage construction work shall be done until a permit therefor shall have been obtained from the Development Services Director.

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   (A)   Utility lines and facilities. Utility line and facility locations in mobile home parks shall be approved by the utility departments or companies which supply the utility service. All utilities, including but not limited to electricity, sewer, water, gas, and cable television, shall be installed underground. The owner of the park shall not permit unqualified personnel to construct, perform any maintenance work on, or connect any utilities in the park. The owner or, if the park is not operated by the owner, the operator of the park shall be responsible for the construction and operation of all utilities in the park.

   (B)   Water supply. Public water supply for domestic use and fire protection purposes complying with all ordinances of the city shall be provided in every mobile home park.

   (C)   Sewage disposal; plumbing. Waste matter from all toilets, lavatories, and showers in mobile home parks shall be discharged into a public sanitary sewer, or into a private disposal system of a type which complies with this municipal code, and all plumbing, exclusive of the internal plumbing of the mobile homes, shall comply with this code of ordinances.

   (D)   Electrical system. The electrical distribution system of a mobile home park shall comply with this code of ordinances pertaining to electrical systems. Separate meters shall be used on each lot.

(Ord. 3639, passed - -2000)

   Each mobile home must be located within 300 feet of a fire hydrant.

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   If the mobile home park contains a service building or recreation facilities, such building and such facilities shall comply, not only with this municipal code pertaining to buildings or facilities of such types, but also with all rules and regulations of the Nebraska Department of Health.

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   The owner or, if the mobile home park is not operated by the owner, the operator of the park shall be responsible for the construction and maintenance of any building on the park.

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   The owner of a mobile home park shall provide containers for the storage of solid wastes awaiting collection. Containers shall be adequate to contain completely all solid wastes that are generated on the premises, and shall conform to all applicable governmental regulations, including, but not limited to, those pertaining to the size, sanitary condition, physical condition, and container covers or other methods of closure. The owner shall provide a location or locations for such containers which will facilitate the collection of solid wastes from the premises. Such locations shall be reasonably accessible to occupants of the park and to collection crews and, when reasonably possible, shall be such as will enable the collection vehicle to remain on a public street or alley and stop directly adjacent to the storage container. Where private drives must be used, sufficient space shall be reserved in the vicinity of parked vehicles to permit easy operation of the collection vehicle without backing the vehicle. The collection points and the containers located thereat shall be kept in a neat and sanitary condition by the owner of the mobile home park. The owner of the park shall promulgate and enforce rules and regulations governing solid waste storage and handling that shall require not less than the requirements of this section and of other applicable governmental regulations.

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   No fuel oil tanks or drums shall be stored in a mobile home park.

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   Every mobile home park shall maintain an office in or adjacent to the park, in which a copy of the park license and certificate of occupancy shall be posted and a register of park occupancy shall be kept. It shall be the duty of the park licensee to keep a register of park occupancy which shall be current at all times and shall contain the following information:

   (A)   Full name and address in the park of each occupant of mobile home;

   (B)   The make, model, serial number, year, and dimensions of each mobile home; and

   (C)   The date of arrival and departure of each mobile home, and destination of each departing mobile home.

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   It shall be unlawful for any person to establish, operate, and maintain, or permit to be established, operated, or maintained, upon any property owned or controlled by such person a mobile home park within, or within two miles of, the corporate limits of the city, without having first secured a license therefor from the City Clerk, and a certificate of occupancy from the Development Services Director, as provided by this subdivision (b) of this article.

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   The application for a license, or renewal of a license, to establish, operate, or maintain a mobile home park shall be made on forms furnished by the City Clerk, which shall include the name and address of the owner in fee of the tract and of the applicant, if other than the owner and a legal description of the premises upon which the park is or will be situated; and shall be signed by the owner of the tract and, if the applicant is other than the owner, by the applicant. The application shall be filed with the City Clerk and shall be accompanied by an annual fee in the amount provided in Chapter 6, Article 6 of this code of ordinances. Provided, the amount of the fee for any license issued less than six months prior to the following May 1 shall be 50% of the amount of the regular fee herein prescribed.

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   Where the application is for a license to establish, maintain, and operate a mobile home park which was not physically in existence on the date of enactment of this article, the applicant also shall submit to the City Clerk a plan, in six copies, of the park as proposed to be constructed, maintained, and operated, together with a plan filing fee in the amount provided in Chapter 6, Article 6 of this code of ordinances.

   (A)   Park plan; contents. The plan for a mobile home park, which shall be submitted as provided in this article, shall include:

      (1)   Name and address of the owner of record, and of any contract purchaser, of the proposed mobile home park;

      (2)   Legal description of the land upon which the mobile home park is, or will be located;

      (3)   Names of all adjacent public streets and roads;

      (4)   Contour topography lines at five-foot intervals;

      (5)   Drainage plans, including directions and calculated run-off;

      (6)   Locations and dimensions of all mobile home spaces, utility easements, drives, recreation areas, streets, and sidewalks;

      (7)   Building setback lines from public streets and adjacent property lines;

      (8)   Scale of the plan (no smaller than 1" = 100'), with complete dimensions;

      (9)   Numbering system for each individual mobile home space;

      (10)   Density in square feet of mobile home space per gross acre;

      (11)   Dimensional area of the whole of the site;

      (12)   Areas designated for all fixed waste containers; and

      (13)   Location, mechanical plan, and building plan of shower and toilet facilities, if to be constructed.

   (B)   Park plan; approval. Upon the submission of a plan in conformity with the requirements of this article, the Development Services Director shall examine or cause to be examined the plan and accompanying documents and shall determine whether or not the plan complies with the requirements of this subdivision (b) concerning the matters required to be shown in the plan, and with all other applicable ordinances of the city and all other applicable governmental regulations; provided the City Manager, or the designee of the City Manager, shall determine the adequacy of the grade plan. If the plan shall be so approved, the Director shall endorse such approval on one of the copies of the plan and return such copy to the City Clerk, who shall attach such copy to the application for a mobile home park license. If the Director shall not approve the plan, he or she shall enter an order so determining, and file the same with the City Clerk, who shall attach such order to a copy of the plan remaining on file with the Clerk and shall deliver a conformed copy of the order to the applicant.

   (C)   Park plan; copy. Prior to the issuance of a license to establish, maintain, and operate the mobile home park, the applicant shall provide to the Development Services Director one reproducible copy of all approved plans for the park.

   (D)   Taxes; special assessments. No license to establish, operate, and maintain a mobile home park shall be issued until there shall have been submitted to the City Clerk a certificate showing that all real and personal property taxes and accrued installments of special assessments on the property to be used for such purpose have been paid.

   (E)   Issuance. Upon compliance with the requirements of this article, the City Clerk shall issue to the applicant a license or, as the case may be, a renewal license to establish, operate, and maintain the mobile home park shown in the approved plan on file in the office of the City Clerk. Provided, such license shall not entitle the licensee to occupy and operate the park until he or she shall have made application to the Development Services Director for, and there shall have been issued to him or her by the Director, a certificate of occupancy; and the license shall so state.

   (F)   Expiration; renewal. All licenses to establish, maintain, and operate a mobile home park shall expire on April 30. Application for license renewal shall be made not less than 30 days prior to expiration of the existing license.

(Ord. 3639, passed - -2000)

   No certificate of occupancy shall be issued in respect of a mobile home park until after a license to establish, maintain, and operate the park has been issued as required by this subdivision (b) of this article and, except in the case of a nonconforming mobile home park as defined in Article 2 of this chapter, until all improvements required by this subdivision (b) have been completed. A copy of the certificate of occupancy, when issued, shall be maintained on file in the office of the City Clerk.

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   No mobile home may be placed on an individual mobile home space which does not front on an improved street or drive or with respect to which not all of the required improvements have been completed.

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   No additions increasing the floor area of mobile homes within a mobile home park shall be constructed unless the materials, finish, and design of the added part are substantially the same as those of the mobile home, the quality of construction is equal to, or better, than that of the mobile home, and the addition would not increase the density of the mobile home park beyond seven dwelling units per gross acre. No such construction may be commenced until a permit therefor shall have been issued by the Development Services Director pursuant to an application made by the owner of the mobile home on a form prescribed by the Director.

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   It shall be the duty of the person to whom a license to establish, maintain, and operate a mobile home park has been issued to comply, and to effect compliance by all other persons, with all of the requirements of this subdivision (b) of this article.

(Ord. 3639, passed - -2000)

   If it shall appear to the Development Services Director that the holder of a license to establish, maintain, and operate a mobile home park is violating any provision of this subdivision (b) of this article, the Director shall notify such holder in writing to cease and desist from such violation within a reasonable period of time to be specified in the notice.

(Ord. 3639, passed - -2000)

   A willful, or willfully negligent, failure on the part of a holder of a license to establish, maintain, and operate a mobile home park, to comply with any provision of this subdivision (b) of this article, or any failure to comply with an order of the Development Services Director to cease and desist from a violation of such provisions shall constitute grounds for revocation or suspension of the license by the Director as hereinafter provided.

(Ord. 3639, passed - -2000)

   If it shall appear to the Development Services Director that there has occurred on the part of a holder of a license to establish, maintain, and operate a mobile home park a failure of compliance of the type described in § 25-9-26 of this article, the Director shall:

   (A)   Enter a written finding that it so appears, which finding shall specify the apparent failure;

   (B)   Set for hearing the question whether such failure has occurred and the license should not be revoked or suspended because of the failure, which hearing shall be held not less than 21 days after service of a notice upon the holder of the license as hereinafter provided; and

   (C)   Serve or cause to be served upon the holder of the license personally, or by certified mail addressed to the holder at his or her last known business address, a written notice of such finding and of such hearing. If, after such notice and such a hearing, the Director finds that such a failure of compliance on the part of the holder of the license has occurred, and that future compliance by the holder of the license with all of the provisions of this subdivision (b) of this article is not reasonably to be anticipated, the Director shall enter an order so determining and revoking the license, or, alternatively, if the Director finds that future compliance by the holder of the license with all of the provisions of this subdivision (b) of this article reasonably is to be anticipated, the Director shall enter an order so determining and, in the latter event, may suspend the license, either with respect to the whole of the mobile home park or with respect to only a specified part thereof, for a period not to exceed 90 days.

(Ord. 3639, passed - -2000)

   Anything in this subdivision (b) of this article to the contrary notwithstanding, no license to establish, maintain, or operate a mobile home park shall be issued to the holder of a license which has been revoked by the Development Services Director, or which has been suspended by the Director and the suspension of which has not expired, or, if the holder is an individual, to the spouse of the holder or any firm or corporation in which the holder owns an interest.

(Ord. 3639, passed - -2000)

   Any mobile home park which is physically in existence on the date of adoption of this article, but which does not comply with all applicable provisions of this article, shall be considered a nonconforming mobile home park. Such nonconforming mobile home park shall conform to:

   (A)   The provisions of Chapter 23 of this code of ordinances as such chapter existed on the date of enactment of this article; and

   (B)   The requirements of §§ 25-9-17 through 25-9-20 and 25-9-24 of this article. Any land area added to a nonconforming mobile home park shall conform to all requirements of this article.

(Ord. 3639, passed - -2000)

   The provisions of this subdivision (b) of this article shall apply to lessees and to agents of owners or lessees of mobile home parks, as well as to the owners thereof, except where, and to the extent that, the nature of the subject matter, or the context, is such that the provision clearly is not applicable to lessees or, as the case may be, to agents of owners or lessees of such parks.

(Ord. 3639, passed - -2000)