This chapter will be known as the licensed manufactured home park ordinance of Sioux Falls.

(1992 Code, § 24-1) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995)

   The purpose of this chapter is to promote the health, safety and welfare of the inhabitants of the city through the regulation of the location, planning, design, layout, construction and operation of licensed manufactured home parks and manufactured homes. All licensed manufactured home parks established after September 23, 1985, will be in conformity with this chapter. All existing licensed manufactured home parks will follow these guidelines when increasing or decreasing their size and whenever a manufactured home is added or eliminated.

(1992 Code, § 24-2) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995)

   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AGENCY. The planning and building services department including the zoning division.

   CABANA. A factory-built room enclosure erected or constructed attached to a manufactured home for residential use by the occupants of a manufactured home.

   CODES. Any codes or other regulations that the city council or its departments have adopted which include, but are not limited to, zoning code, property maintenance code, fire code, health code, building and residential code, plumbing code, mechanical and fuel gas code and electrical code. The codes will be controlling when work is to be done in a given area where the code is applicable.

   DATA PLATE. The data plate which verifies the following: manufacturer’s name, trade/model name, year of manufacturer, serial number, HUD Construction Code Label(s) and HUD construction zones. Per 1976 HUD regulation, this form is to be affixed inside the home on or near the main electrical breaker box and is printed on paper or foil stock eight and one-half inches by 11 inches to eight and one-half inches by 14 inches in size.

   DETACHED ACCESSORY BUILDING. An incidental freestanding building located on the same lot which it serves and used solely for storage of personal equipment and possessions of the manufactured home occupants.

   LICENSE. A licensed manufactured home park operator’s license.

   LICENSEE. The person to whom a manufactured home park license has been granted.

   LICENSING ENTITY. The city council.

   MANUFACTURED HOME. A dwelling unit which is fabricated in one or more sections at a location other than the home site by assembly line-type production techniques or by other construction methods unique to an off-site manufacturing process. A MANUFACTURED HOME/MOBILE HOME is designed to be towed on its own chassis or be site delivered by alternative means. Every section shall bear a label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards. For manufactured homes built prior to June 15, 1976, a label certifying compliance to the Standard for Manufactured Homes, NFPA 501, ANSI 119.1, in effect at the time of manufacture is required.

   MANUFACTURED HOME PARK, LICENSED. A contiguous parcel of land, under the same ownership where lots are rented for the temporary placement of manufactured homes, with all necessary facilities and services, and is licensed by the city.

   MANUFACTURED HOME SPACE. A parcel of land designated and approved for the placement of a single manufactured home.

   PARK OCCUPANT. A person living in a manufactured home located in a licensed manufactured home park.

   PARK OPERATOR. The person to whom a manufactured home park license has been issued or who is managing the licensed manufactured home park for someone who has been issued a license.

   PROPERTY MAINTENANCE CODE. Sections 150.095 and 150.096 of this Code, also known as the adopted International Property Maintenance Code as amended.

   REQUIRED YARD. A yard of a manufactured home as set out in a licensed manufactured home park layout plan.

   RESIDENTIAL RENTAL UNIT. Any dwelling unit which is rented or offered for rent as living quarters within a licensed manufactured home park.

   SERVICE BUILDING. An accessory building to a licensed manufactured home park for related services.

   SERVICE EQUIPMENT. The plumbing, mechanical and electrical equipment including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, fire protection and facilities essential for the habitable occupancy of a manufactured home or accessory building or structure for its designated use and occupancy.

   UTILITIES. Water and sewer, gas or electrical distribution system which is available for connection to manufactured homes in a licensed manufactured home park.

   YARD. An open space, other than a court on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

   ZONING ORDINANCE. The revised zoning ordinance of the city, as codified in chapter 160.

(1992 Code, § 24-3) (Ord. 76-85, passed 9-23-1985; Ord. 103-94, passed 11-21-1994; Ord. 93-95, passed 7-3-1995; Ord. 26-04, passed 3-1-2004; Ord. 87-11, passed 11-21-2011)

   (a)   Responsibility of licensee.

      (1)   The manufactured home park licensee will operate the park in strict compliance with the provisions of this chapter, the zoning ordinance and provisions of the conditional use permit as may be required by the planning commission or the city council.

      (2)   The licensee will provide adequate supervision to maintain the park, its related facilities, roadways (including fire access), drainageways, walkways, open spaces, utilities and equipment in good repair and in a clean and sanitary condition.

      (3)   The licensee will be responsible for verifying and certifying that all manufactured homes placed in the park meet or exceed the property maintenance code.

      (4)   The licensee will be responsible for a one-time verification that all manufactured homes located in a licensed manufactured home park are anchored with a tie-down system within 12 months of placement.

      (5)   The licensee will also be responsible to see that all plumbing, heating and electrical connections, alterations and additions comply with the requirements of this chapter; all street signs and address numbers are installed; and permits are secured for detached accessory buildings and park service buildings.

      (6)   The licensee will be responsible for the proper placement of each manufactured home and notification to the agency when new manufactured homes are placed.

      (7)   The licensee will provide the agency with the name, address and phone number of the local park management.

      (8)   The licensee will be responsible for titling or disposal of abandoned manufactured homes.

   (b)   Responsibilities of park occupants.

      (1)   The park occupant will comply with all applicable requirements of this chapter and will maintain the manufactured home space, its facilities and equipment in good repair and in a clean and sanitary condition.

      (2)   The park occupants of any manufactured home will be responsible to see that all plumbing, heating, cooling and electrical connections, alterations and additions comply with the requirements of this chapter and will secure the necessary permits for detached accessory buildings.

      (3)   The park occupants shall see that their personal passenger vehicles are licensed and operable. In no event shall any inoperable or unlicensed vehicle be parked in a licensed manufactured home park. Stored vehicles are allowed in designated screened parking lots as provided by the licensee within the licensed manufactured home park.

      (4)   The park occupant or the installer shall follow the manufacturing instructions for anchoring as required for HUD-labeled homes.

   (c)   Responsibilities of owners of residential rental units. The title holder of a residential rental unit in a licensed manufactured home park will be responsible for obtaining a permit as required under §§ 150.175 through 150.181 of this Code.

(1992 Code, § 24-4) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995; Ord. 26-04, passed 3-1-2004; Ord. 87-11, passed 11-21-2011)

   (a)   It will be unlawful for any person to operate any licensed manufactured home park within the city unless a valid annual license has been issued. Each license will expire on June 30. Application for a license and license renewal will be made in writing to the zoning enforcement manager on a form furnished by them for that purpose and accompanied by a copy of park rules and regulations, if any, and a fee payable to the city in the amount set forth in chapter 110.

   (b)   The deadline for filing applications will be 30 days prior to the expiration of the license. Licenses filed after the expiration date of the license will be charged, in addition to the license fee, a reinstatement fee equal to 50% of the license fee.

   (c)   Annual inspection prior to renewal. The license renewal request will cause the agency to inspect the licensed manufactured home park for adherence to park standards as set forth in §§ 152.065 through 152.072.

(1992 Code, § 24-5) (Ord. 76-85, passed 9-23-1985; Ord. 103-94, passed 11-21-1994; Ord. 93-95, passed 7-3-1995; Ord. 87-11, passed 11-21-2011) Penalty, see § 10.999

   The city council may, after a public hearing of which the licensee shall be notified, revoke a manufactured home park license in whole or part as described in this subchapter. The agency may refuse to renew a license for failure to comply with any of the provisions of this chapter or any other conditions approved by the agency pursuant to this Code.

(1992 Code, § 24-7) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995; Ord. 87-11, passed 11-21-2011)

   Every licensed manufactured home park licensee will give notice in writing to the agency within 30 days after having sold, transferred, given away or otherwise disposed of interest in or control of the manufactured home park. The notice will include the name and address of the new owners. Upon application in writing for transfer of the license, the license may be transferred if the park is in compliance with the provisions of this chapter and all other pertinent laws and regulations.

(1992 Code, § 24-7.1) (Ord. 76-85, passed 9-23-1985; Ord. 92-85, passed 11-12-1985; Ord. 93-95, passed 7-3-1995)

   (a)   It is unlawful to allow any manufactured home to be occupied in a licensed manufactured home park unless the manufactured home is situated on a manufactured home space and a placement permit issued as provided in this subchapter. Only those manufactured homes constructed for thermal zone 3, as defined by Housing and Urban Development, will be issued a placement permit.

   (b)   Prior to the placement or delivery of the manufactured home in a licensed manufactured home park, every licensee shall ensure that an application signed by the park occupant for a manufactured home park placement permit is provided to the agency. The agency will cause an inspection to be made only after the placement permit is received for the manufactured home space to verify compliance of the manufactured home placement with the provisions of this chapter dealing with proper placement, premises identification, utility hookups, and skirting. A trip charge of $20.00 may be applied if the manufactured home is not placed within 30 days of placement permit issuance. The trip charge will not apply when a placement permit is canceled.

   (c)   Every manufactured home park licensee shall give to every manufactured homeowner desiring to place his or her manufactured home in the licensee’s park an application for a placement permit provided by the agency. The licensee will obtain two completed copies of the application form and will send one to the agency prior to any inspections for compliance with codes; the manufactured homeowner will have the responsibility of filing the original copy of the application with the agency and will pay a permit fee of $50 at that time.

   (d)   After January 1, 2012, a copy of the data plate for all manufactured homes will accompany the placement permit application. The data plate records are maintained by the Institute for Building Technology and Safety. If the data plate is missing or otherwise unavailable, the placement permit will not be granted.

(1992 Code, § 24-8) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995; Ord. 156-95, passed 12-18-1995; Ord. 94-97, passed 12-15-1997; Ord. 87-11, passed 11-21-2011; Ord. 54-14, passed 8-5-2014) Penalty, see § 10.999

   It is unlawful to alter, repair or add detached accessory buildings or structures in a licensed manufactured home park without first obtaining a permit. Permit issuance and fees will be in conformance with the codes applicable to the type of work involved.

(1992 Code, § 24-9) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995) Penalty, see § 10.999

   It is unlawful to construct service buildings or install service equipment in a licensed manufactured home park without first obtaining a permit. Permit issuance and fees will be in conformance with the codes applicable to the type of work involved.

(1992 Code, § 24-10) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995) Penalty, see § 10.999

   (a)   It is unlawful to construct any of the following that are 40 square feet in floor area or less in a licensed manufactured home park without first obtaining a permit:

      (1)   Cabanas;

      (2)   Unenclosed canopies;

      (3)   Carports;

      (4)   Decks; or

      (5)   Enclosed vestibules.

   (b)   Permit issuance and fees will be in conformance with the codes applicable to the type of work involved.

(1992 Code, § 24-11) (Ord. 76-85, passed 9-23-1985; Ord. 103-94, passed 11-21-1994; Ord. 93-95, passed 7-3-1995) Penalty, see § 10.999

   (a)   Attached cabanas, unenclosed canopies, carports and enclosed vestibules 40 square feet in floor area or less attached to the manufactured home need not comply with building code regulations.

   (b)   Detached accessory buildings under 200 square feet of roof area need not comply with building code regulations. Exemption from the permit requirements shall not be deemed to grant authorization for work to be done in violation of the provisions of any other ordinance.

(1992 Code, § 24-12) (Ord. 76-85, passed 9-23-1985; Ord. 103-94, passed 11-21-1994; Ord. 93-95, passed 7-3-1995; Ord. 52-02, passed 7-1-2002)

   The agency may enter a licensed manufactured home park to inspect the park in the discharge of its duties. The inspection or reinspection may take place at any time. The inspection will take place prior to the issuance or renewal of a license to operate a licensed manufactured home park.

(1992 Code, § 24-13) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995)

   All manufactured homes will be positioned in compliance with chapter 160 of this Code.

(1992 Code, § 24-14) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995)

   An accessible, adequate, safe and potable supply of water will be provided in each licensed manufactured home park capable of furnishing a minimum of 125 gallons per day per manufactured home space. Where a public supply of water of the quality is available, connection will be made thereto and its supply will be used exclusively. The development of an independent water supply to serve the manufactured home park will be made only after express approval has been granted by the agency.

(1992 Code, § 24-15) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995)

   (a)   All plumbing in the licensed manufactured home park will comply with the plumbing code as adopted by the city and also applicable state codes.

   (b)   All waste from showers, toilets, laundries, faucets and lavatories will be wasted into a sewer system extended from and connected with an approved sewer system or private disposal system which has the approval of the agency.

(1992 Code, § 24-16) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995)

   (a)   The storage, collection and disposal of refuse in the manufactured home park will be so managed as to create no health hazards, rodent harborage, insect breeding areas, accident hazards or air pollution. All refuse will be stored in flytight, weathertight, rodentproof containers, which will be provided in sufficient number and capacity to prevent any refuse from overflowing.

   (b)   Racks or holders will be provided for all refuse containers. The containers will be stored on four-inch thick concrete slabs or in racks, the bottoms of which are at least 18 inches above ground. The container racks or holders will be designed to prevent containers from being tipped to minimize spillage and container deterioration and to facilitate cleaning around them.

   (c)   Insect and rodent control measures to safeguard public health, as recommended by the agency, will be applied in the licensed manufactured home park. Skirting of manufactured homes will be done in a manner so as to prevent rodent harborage.

(1992 Code, § 24-17) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995)

   It will be the responsibility of the licensed manufactured home park operator to provide and maintain the park electrical wiring system in compliance with the electrical code and specifically with the following.

   (a)   Service equipment will be weatherproofed in safe condition and adequate for the load served.

   (b)   Supply cords and receptacles will be approved for the purpose, in safe condition and have overcurrent protection at not more than their rating. Supply cords will not be spliced except in an approved box under the manufactured home.

   (c)   Manufactured home chassis will be grounded through a separate grounding conductor in the supply cord. Any other method of grounding will be only by special permission of the electrical inspector.

   (d)   Overhead conductors will have a clearance of three feet from the manufactured home and any projection such as a television antenna.

(1992 Code, § 24-18) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995)

   (a)   The licensed manufactured home park area will be subject to the fire protection rules of the agency.

   (b)   All LP tanks will be secured against overturning with a minimum safety factor of four based on a loading in any direction equal to four times the filled weight of the container. LP tanks over 100-gallon capacity will be installed on a concrete base.

   (c)   Safety relief valves of LP containers will have direct ventilation with the atmosphere. The delivery side of the gas pressure regulator will be equipped with a safety relief device set to discharge at a pressure not less than two times and not more than three times the delivery pressure of the regulator.

   (d)   Oil storage tanks will be supported by either noncombustible framing or if of wood, not less than two-by-four-dimension stock. Oil tanks up to 500 gallons will be vented to the atmosphere by one and one-fourth inch diameter vents. Oil tanks installed for gravity flow of oil to heating equipment will be installed so that the top of the tank is no higher than eight feet above the appliance oil control and the bottom of the tank is not less than 18 inches above the appliance oil control. Listed automatic pumps (oil filter) will be mounted no higher than eight feet above the appliance oil control and not less than 18 inches above the appliance oil control. A readily accessible, approved manual shutoff valve will be installed at the outlet of an oil supply tank. The valve will be installed to close against the supply.

   (e)   Manufactured homes will have fuel piping materials and systems compatible with type of fuel supply based on accepted national standards or when applicable, city and state codes.

   (f)   LP or natural gas services will not be installed under manufactured homes. Services installed under manufactured homes will be properly vented to the atmosphere. Connections from natural gas supply to manufactured homes will be by approved flexible connectors.

   (g)   Skirting installed around a manufactured home will be either fire retardant or approved by the agency.

   (h)   Combustible storage may not be permitted under manufactured homes.

(1992 Code, § 24-19) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995)

   It will be the responsibility of the manufactured home park licensee as a condition for issuance of a manufactured home park license to erect and maintain at the main entrance of the licensed manufactured home park a sign displaying the manufactured home park name and office address. The size, height and location of the sign will be approved by the agency.

(1992 Code, § 24-20) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995)

   Prior to issuance of a manufactured home park license, the manufactured home park operator will:

   (a)   Develop and submit for approval of the agency a space or street numbering system for the licensed manufactured home park and have the plan available at the manufactured home park office at all times;

   (b)   Erect and maintain street signs within the licensed manufactured home park of the size, height, number and location as prescribed by the traffic engineer’s office of the city; and

   (c)   Display in front of or affix to the front of each manufactured home service building or manufactured home space a street number in accordance with the approved numbering system.

(1992 Code, § 24-21) (Ord. 76-85, passed 9-23-1985; Ord. 93-95, passed 7-3-1995)

   The city department of planning and building services is designated as the agency to administer and enforce this chapter.

(1992 Code, § 24-22) (Ord. 87-11, passed 11-21-2011)

   When a placement permit has been issued for a manufactured home and upon inspection the agency has found that the manufactured home is unfit for human occupancy, the agency shall cause the revocation of the placement permit. A manufactured home found by the agency as unfit, because it is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities, or other unsafe conditions as defined by the property maintenance code, shall be removed by the licensee within 30 days of notice. Manner of notice is prescribed in § 152.088.

(1992 Code, § 24-23) (Ord. 87-11, passed 11-21-2011)

   The licensee may remove and dispose of abandoned manufactured homes as prescribed by SDCL 21-54-17. The licensee shall notify the agency of disposal. The agency shall cause an inspection to verify on-site disposal or the licensee shall provide a receipt from a regional sanitary landfill within 15 days of disposal. If the manufactured home has been abandoned and will not be disposed, the licensee shall notify the agency by providing a copy of the Notice to County Treasurer of Abandoned Mobile/ Manufactured Home (form MV-3013).

(1992 Code, § 24-24) (Ord. 87-11, passed 11-21-2011)

   (a)   Form. The notice prescribed in § 152.087 shall be in accordance with all the following:

      (1)   Be in writing;

      (2)   Include a description of the manufactured home, including the serial number or any other method sufficient for identification;

      (3)   A statement of condition of the manufactured home and why the notice has been issued; and

      (4)   Inform of the right to appeal.

   (b)   Method of service.

      (1)   Delivered personally;

      (2)   Sent by first class or certified mail addressed to the licensee; or

      (3)   If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place on or about the manufactured home affected by the notice.

(1992 Code, § 24-25) (Ord. 87-11, passed 11-21-2011)

   The decision of the agency may be subject to judicial review as provided by law.

(1992 Code, § 24-26) (Ord. 87-11, passed 11-21-2011)