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Wells City Zoning Code

MANUFACTURED HOME

PARKS

§ 152.185 PERMITS.

   (A)   Required. It is unlawful for any person to construct, alter, or extend any mobile home park or structures within the park that are permanent in nature within the limits of the city unless he or she holds a valid permit issued by the Building Inspector in the name of such person for the specific construction, alteration of extension proposed, where permanent means that are not on wheels or mobile.
   (B)   Application. All applications for permits shall contain the following:
      (1)   Name and address of applicant.
      (2)   Location and legal description of the mobile home park.
      (3)   Complete engineering plans and specifications of the proposed park showing but not limited to the following:
         (a)   The area and dimensions of the tract of land; topography sketch of land;
         (b)   The number, location and size of all mobile home lots;
         (c)   The location and width of roadways and walkways;
         (d)   The location of water and sewer lines and riser pipes;
         (e)   Plans and specification of the water supply and refuse and sewage disposal facilities;
         (f)   Plans and specifications of all buildings constructed or to be constructed within the mobile home park;
         (g)   The location and details of lighting and electrical systems.
      (4)   All applications for a permit shall be accompanied by a fee which shall be based on total valuation of the work to be done. Such fees shall be in accordance with established building permit fees required in the city.
      (5)   The Planning Commission may, at the request of the Building Inspector, review all applications for permits, which have been forwarded to them by the Building Inspector under the provisions of this section, and shall be granted a hearing before the Planning Commission. The results of the Planning Commission findings shall be forwarded to the City Council for their review and action.
      (6)   Any person whose application for permit under this section has been denied may request and shall be granted a hearing on this matter before the Planning Commission.
(Ord. 239, § 1201, Am. #4, passed - -2004)

§ 152.186 LICENSES.

   (A)   License required. It is unlawful for any person to operate any mobile home park within the limits of the city unless he or she holds valid license issued annually by the Council in the name of such person for the specific mobile home park. All applications for licenses shall be made to the Council. The Council shall issue a license upon compliance by the applicant with the provisions of this section.
   (B)   License is non-transferrable.  
      (1)   License fee. Application for original licenses shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee of $50 and shall contain:
         (a)   The applicant’s name and address.
         (b)   The location and legal description of the mobile home park.
         (c)   A situation of the mobile home park showing all mobile home lots, structures, roads, walkways, and other service facilities.
      (2)   Renewal of licenses. Applications for renewal of licenses shall be made in writing by the holders of the licenses, shall be accompanies by the deposit of a fee of $50, and shall contain any change in the information submitted since the original license was issued or the latest renewal granted.
      (3)   Inspection and suspension. Whenever, upon inspection of any mobile home park, the Building Inspector finds that the conditions or practices exist which are in violation of any provision of this section, the Building Inspector shall give notice in writing to the person to whom the license was issued that conditions or practices shall be corrected within a 30-day period of time specified in the notice by the Building Inspector. At the end of the period of time, the Building Inspector shall reinspect the mobile home park and, if the conditions or practices have not been corrected, the Council and the City Administrator-Clerk-Treasurer will give notice in writing of the suspension to the person to whom the license is issued. Upon receipt of notice of the suspension, the person shall cease operation of the mobile home park.
(Ord. 239, § 1202, Am. #4, passed - -2004)

§ 152.187 INSPECTION OF MOBILE HOME PARKS.

   The Building Inspector is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this section. The Building Inspector 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 he or she shall have the power to inspect the register containing a record of all residents of the mobile home park. It shall be the duty of the park management to give the Building Inspector free access to all lots at reasonable times for the purpose of inspection. It shall be the duty of every occupant of a mobile home park to give the owner thereof or his or her agent or employee access to any part of such mobile home park at reasonable times for the purposes of making such repairs or alterations as are necessary to effect compliance with this section. It shall be the responsibility of the Building Inspector to determine compliance of the park with § 152.189.
(Ord. 239, § 1203, Am. #4, passed - -2004)

§ 152.188 NOTICES, HEARINGS, AND ORDERS.

   (A) Notice. Whenever the Building Inspector determines that there has been a violation of any provision of this section, the Building Inspector shall give notice of such alleged violation to the person to whom the permit or license was issued, as hereinafter provided. Such notice shall:
         (1)   Be in writing.
         (2)   Allow 30 days for the performance of any act it required. If work cannot be completed in the 30-day period, extensions may be granted if reasons for hardship do prevail and can be verified.
         (3)   The notice shall be served upon the owner of his or her agent as the case may require; provided, that the notice or order shall be deemed to have been properly served upon the owner or agent when a copy thereof has been sent by registered mail to his or her last known address, or when he or she has been served with the notice by any method authorized or required by the laws of the state.
   (B)   Hearing. Any person affected by any notice which has been issued in connection with enforcement of any provision of this section, may request and shall be granted a hearing of the same before the Board of Adjustments and Appeals.
   (C)   Orders. Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health, he or she may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of the section , the order shall be effective immediately. Any person to whom the order is directed shall comply therewith immediately, but upon petition to the Building Inspector shall be afforded a hearing as soon as possible. The provisions shall be applicable to such hearing and the order issued thereafter.
   (D)   Relocation. Efforts would be made by the Building Inspector to inform the resident of local, county, state, and federal programs that would assist them with relocation.
(Ord. 239, § 1204, Am. #4, passed - -2004)

§ 152.189 ENVIRONMENTAL.

   (A)   Open spaces and access requirements.
      (1)   General requirements. Conditions of soil, ground water level, drainage and topography shall not create hazards to the property of the health and safety of the occupants. The site should not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to unpredictable or sudden flooding.
      (2)   Soil and ground cover requirements. Exposed ground surfaces in all parts of every mobile home park shall be paved, or covered with stone, screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.
      (3)   Site drainage requirements. The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a sage, efficient manner.
   (B)   Certain provisions. 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. Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home stand and connected to the pertinent utilities. No such nonconforming use as provided in this section may be continued for more than 5 years after the effective date of this section.
   (C)   Required separation between mobile homes.
      (1)   Separation distance. Mobile homes shall be separated from each other and from other buildings and structures by at least 15 feet. Mobile homes placed end-to-end must have a minimum clearance of 10 feet.
      (2)   Accessory structure as part of mobile home. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak and porch which has a floor exceeding 25 feet and has an opaque top or roof shall, for purposes of all separation requirements, be considered to be part of the mobile home.
   (D)   Minimum lot sizes. Minimum lot sizes shall not be less than 4,000 square feet with a maximum lot coverage of 25% of less of the total lot area. Where minimum lt sizes are 5,000 square feet or more, lot coverage may be increased to a maximum of 30% of the total lot coverage.
   (E)   Required recreation areas.
      (1)   Zoning requirements. Provisions for park recreation areas shall come under Chapter 152 of this code.
      (2)   Required setbacks, buffer strips, and screening.
         (a)   All mobile homes shall be locate at least 25 feet from any property boundary line abutting upon a public street or highway and at least 15 feet from other property boundary lines.
         (b)   There shall be a minimum distance of 10 feet between the mobile home stand and abutting park street.
   (F)    Screening. All mobile home parks located adjacent to recreational or commercial land uses shall provide screening such as fences or natural growth along the property boundary line separating the park and such adjacent nonresidential uses, and shall be maintained in a neat and orderly fashion.
   (G)   Park street system and car parking.
      (1)   General requirements. All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. Such access shall be provided by streets, driveways, or other means.
      (2)   Park entrance. Entrance to mobile home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be permitted on the park entrance street for a distance of 100 from its point of beginning.
      (3)   Internal streets. Surface 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 shall be 20 feet in width from face of curb to face of curb. Streets without curbs shall be considered minor streets.
         (b)   Dead-end streets shall be limited in length to 500 feet and shall be provided at the closed end with a turn around having an outside roadway diameter of at least 60 feet. All dead-end streets shall be marked with approved signs at the entrance to dead-end streets.
         (c)   Minor streets may be 16 feet in width from face of curb to face of curb (acceptable only if less than 500 feet long and serving less than 25 mobile homes or of any length if mobile home lots abut on 1 side only.)
      (4)   Car parking. Off-street parking areas or on-street parking lanes shall be provided for the use of park occupants and guests. Such areas shall:
         (a)   Be furnished at a rate of at least 2 car spaces for each lot.
         (b)   Be located within a distance of 200 feet from the mobile home to be served, unless other vehicular access is provided. The minimum street width requirement under division (G)(4)(a) in this section shall be increased by 8 feet if on-street parking is the only type of car parking provided in a mobile home park.
      (5)   Required illumination of park street system. All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night:
         (a)   All parts of the park street system: 0.6 footcandles.
         (b)   Potentially hazardous locations, such as major street intersections and steps or stepped ramps: individually illuminated, with a minimum of 0.6 footcandle.
      (6)   Street construction and design standards.
         (a)   Pavements. All streets shall be provided with a paved concrete or bituminous surface. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained, free of cracks, holes and other hazards.
         (b)   Grades. Longitudinal grades of all streets shall range between 0.4% and 8%. Transverse grades (crown) of all streets shall be sufficient to insure adequate transverse drainage. If conditions warrant, an adequate storm sewer system shall be provided to dispose of run-off water. The storm sewer system may be connected to existing city storm system upon approval.
         (c)   Intersections. Within 50 feet of an intersection, streets shall be at right angles. A distance of at least 85 feet shall be maintained between the centerlines of offset intersection streets. Intersections of more than 2 streets at 1 point shall be avoided.
   (H)   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 mobile 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 concentrated. Such common walks shall have a minimum width of 4½ feet.
      (3)   Individual walks. All mobile homes 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 2 feet.
      (4)   Water supply. An accessible, adequate, safe, and potable supply of water shall be provided in each mobile home park. Where a public supply of water of satisfactory quantity, quality, and pressure is available at the site or at the boundary of a site, connection shall be made thereto and its supply used exclusively. When a satisfactory public water supply system is not available, a private water supply system may be developed and used as approved by the State of Minnesota until such time as a public supply system becomes available.
   (I)   Sewage disposal. An adequate and safe sewage system shall be provided in all mobile home parks for conveying and disposing of all sewage. Such system shall be designed, contracted and maintained in accordance with state and local laws.
   (J)   Service buildings and other community service facilities.
      (1)   General. The requirements of this division shall apply to service buildings, recreation buildings, and other community service facilities such as:
         (a)   Management offices, repair shops and storage areas.
         (b)   Sanitary facilities.
         (c)   Laundry facilities.
         (d)   Indoor recreation areas.
         (e)   Commercial uses supplying essential goods or services for the exclusive use of park occupants.
      (2)   Structure requirements for buildings. All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather.
      (3)   Barbecue pits, fireplaces, stoves, and incinerators. Cooking shelters, barbecue pits, fireplaces, woodburning stoves and incinerators shall be so located, constructed, maintained, and used as to minimize fire hazards and smoke nuisances to both the property on which used and on neighboring property. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.
(Ord. 239, § 1205, Am. #4, passed - -2004)

§ 152.190 REFUSE HANDLING.

   The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding, accident or fire hazards, or air pollution.
(Ord. 239, § 1209, Am. #4, passed - -2004)

§ 152.191 INSECT AND RODENT CONTROL.

   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 with the requirement of the City Health Code. Parks shall be maintained free of accumulations of debris, which may provide rodent harborage or breeding places for flies, mosquitoes and other pests. Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe and other building material
shall be stored at least 1 foot above ground. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be approximately screened with wire mesh or other suitable materials. The growth of brush, weeds and grass shall be controlled to prevent the growth of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered to be detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
(Ord. 239, § 1210, Am. #4, passed - -2004)

§ 152.192 FUEL SUPPLY AND STORAGE.

   Natural gas piping systems, liquefied petroleum gas systems, and all fuel supply systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
(Ord. 239, § 1211, Am. #4, passed - -2004)

§ 152.193 FIRE PROTECTIONS.

   (A)   Mobile home parks shall be kept free of litter, rubbish, and other flammable material. Portable fire extinguishers rated for Classes A, B and C fires shall be kept visible in service buildings and at other locations conveniently and readily accessible for use by all of the occupants and shall be maintained in good operation condition. Their capacity shall not be less than 2.5 gallons for Class A extinguishers and 5 pounds carbon dioxide or 10 pounds dry powder for Class B and C extinguishers.
   (B)   Fire shall be mad only in stoves, incinerators, and other equipment intended for such purposes.
   (C)   Fire hydrants shall be installed in the park water supply system is capable to serve them in accordance with the following requirements:
      (1)   The water supply system shall permit the operation of a minimum 1½-inch hose streams.
      (2)   Fire hydrants, if provided, shall be located within 500 feet of any mobile home, service building, or other structure in the park.
(Ord. 239, § 1212, Am. #4, passed - -2004)

§ 152.194 RESPONSIBILITIES OF THE PARK MANAGEMENT.

   The person to whom a license for a mobile home park is issued shall operate the park in compliance with this section and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition. The park management shall notify park occupants of all applicable provisions of this section and inform them of their duties and responsibilities under this section.
(Ord. 239, § 1213, Am. #4, passed - -2004)

§ 152.195 EXISTING NONCOMFORMING USES.

   Any lawful, nonconforming use of land existing at the date of enactment of this section may be continued, except that any nonconforming use or buildings may not be:
   (A)   Changed to another nonconforming use.
   (B)   Re-established after discontinuance for 1 year if it involves a substantial building; or after discontinued use for any period in other cases.
   (C)   Extended.
   (D)   Rebuilt after damage exceeding 50% of its assessed marked value.
(Ord. 239, § 1214, Am. #4, passed - -2004)

§ 152.998 VIOLATIONS.

   In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the Council or any party it designates, in addition to other remedies, may institute any proper action or proceedings in the name of the City of Wells. He or she shall hereby have the powers of a public officer to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, prevent the occupancy of the building, structure, or land, or prevent any illegal act, conduct, business, or use in or about the premises.
(Ord. 239, § 1110, passed 1-22-2000)

§ 152.999 PENALTY.

   Any person, firm, or corporation who shall violate any of the provisions hereof or who shall fail to comply with any of the provisions hereof or who shall make any false statement in any document required to be submitted under the provisions hereof shall be guilty of a misdemeanor and, upon conviction thereof shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days. Each day that a violation continues shall constitute a separate offense.
(Ord. 239, § 1110, passed 1-22-2000)