City of Lebanon, NH
Grafton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Lebanon 9-19-1973 by Ord. No. 26-A. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 36.

§ 106-1 Declaration of purpose.

This chapter provides for the definition and regulation of mobile home and mobile home parks in the city, establishing minimum standards governing the construction and maintenance of mobile home parks, establishing minimum standards governing the provided utilities and facilities and any other physical aspects relative to safe, sanitary, reasonable conditions for human habitation; fixing the responsibilities and duties of owners and operators of mobile home parks, authorizing the inspection of mobile home parks and fixing penalties of the violation thereof, and promoting the general health, safety and welfare of all persons regulated therein.

§ 106-2 Definitions.

For the purpose of this chapter, the following words and phrases shall be strictly construed as to the following definitions:
BUILDING INSPECTOR
The City Manager or any other duly authorized person.
MOBILE HOME
A single family residential unit designed and built to be towed on its own chassis; comprised of frame and wheels, connected to utilities, and designed without a permanent foundation for year-round living. A unit may be folded, collapsed or telescoped when towed and expanded later to provide additional capacity. This is not to include sectional, double-wide factory built modular housing.
MOBILE HOME PARK
Any parcel of land of not less than 10 acres whereon two or more mobile homes are located for dwelling purposes and which is held open to the public for the parking or placement of mobile homes.
MOBILE HOME PARK PERMIT
A written license to operate a mobile home park that shall be issued annually subject to complete compliance with this chapter by mobile home park operator(s). Said permit shall be issued by the Building Inspector subject to final approval by the Planning Board.
MOBILE HOME SPACE
An area designated for the placement and support of one mobile home and its occupants; a lot of specified total land area.
RECREATIONAL VEHICLE
Any vehicle designed, used or intended to be used for temporary living quarters for travel, recreational or vacation purposes. Said vehicles shall not be construed to be regulated by this chapter.

§ 106-3 Location in mobile home park required; unoccupied mobile homes.

A. 
No mobile home shall be located in the City of Lebanon except in a mobile home park.
B. 
Unoccupied mobile homes only shall be permitted in sales areas.

§ 106-4 Nonconforming uses.

All mobile home parks in existence on the effective date of this amendment shall within 90 days thereafter obtain the permit required in § 106-5 and shall comply with the requirements of this chapter, except that the Planning Board shall, upon application of the owner or lessee, waive such requirements that require prohibitive reconstruction costs, provided that such waiver does not effect or alter the minimum health, safety or general welfare provisions of this chapter. All mobile home parks must comply with the minimum New Hampshire State Department of Health requirements. No nonconforming use that has been discontinued for more than six consecutive months shall be reestablished except in conformity with this chapter.

§ 106-5 Permit requirements for new mobile home parks.

A. 
No person, partnership, association or corporation being the owner, lessee or occupant of any land within the City of Lebanon shall construct, maintain, operate or alter any mobile home park within the City of Lebanon unless he/she holds a validly issued permit.
B. 
The Building Inspector shall issue such permits upon application only and shall be contingent upon:
(1) 
Compliance with all state statutes pertaining to mobile homes and mobile home parks and the general health, safety and welfare.
(2) 
Compliance with all the terms of this chapter and any other city ordinances that are pertinent.
(3) 
A complete status report by the Building Inspector to the Planning Board on all areas pertinent to this chapter.
(4) 
A public hearing on the application.
(5) 
Final approval by the Planning Board after a full consideration as to whether the application's approval would serve the best interests of the City of Lebanon.
C. 
Each application for a license (permit) for a mobile home park shall be in writing and signed by the applicant. The application shall state:
(1) 
The name(s) and address of the applicant.
(2) 
The owner(s) of the premises upon which the park is to be located.
(3) 
The name(s) and address of any party(ies) having greater than a 10% interest in the park if the owners are a partnership, association or corporation.
(4) 
A complete legal description of the land upon which the park is to be located.
(5) 
The number, location and size of all mobile home spaces.
(6) 
All boundaries of the park.
D. 
All applications shall be filed in triplicate with the City Clerk.
E. 
All applications shall be accompanied by three complete sets of plans and specifications prepared and certified by a New Hampshire registered architect or a New Hampshire licensed professional engineer. Such plans shall show the date thereof and the name of the applicant, be drawn to a scale of 20 feet to one inch, show contours of two-foot intervals, indicate the North point thereof and shall show and identify:
(1) 
The major physical features of the land within the park, including all watercourses, marshes and floodplains, all wooded areas.
(2) 
All existing development within the park, including but not limited to:
(a) 
Structures.
(b) 
Streets, roads and highways, and widths thereof.
(c) 
All utilities and service facilities.
(3) 
All proposed development within the park, including but not limited to:
(a) 
Entrance, exits, streets and walkways with the widths thereof.
(b) 
Each lot, driveway, parking area, refuse collection areas with suitable dimensions thereof.
(c) 
Structures and improvements.
(d) 
Grading and landscaping.
(e) 
Stormwater drainage.
(f) 
Utilities and service facilities.
(g) 
Public improvements both existing and proposed.
(h) 
Exterior lighting.
F. 
All applications must be accompanied with an original application fee of $100.

§ 106-6 License renewals.

A. 
All licenses are renewable annually and are nontransferable and nonassignable.
B. 
Upon compliance with the following conditions and upon application, the Building Inspector shall issue all renewals of mobile home park licenses:
(1) 
Compliance with all state laws pertaining to the general health, safety and welfare.
(2) 
Compliance with all the terms of this chapter.
(3) 
An annual written status report by the Building Inspector to the Planning Board on all areas pertinent to this chapter.
(4) 
Final approval of the Planning Board.
C. 
If the applicant for a renewal license is not the holder of the previous license, the renewal application must be accompanied by the documents required in § 106-5 of this chapter; unless a full or partial waiver of said requirements is granted by the Planning Board after full consideration of all relevant factors.

§ 106-7 Inspection.

The Building Inspector is hereby authorized and directed to make inspections to determine the condition of mobile home parks located in the City of Lebanon in order that he/she may perform his/her duty of safeguarding the health and safety of the occupants of the mobile home parks and of the general public. The Building Inspector or his/her duly authorized representative shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relative to the enforcement of this chapter.

§ 106-8 Location, space and general layout.

A. 
Location. Mobile home parks may be located in the Residential - Family Zone only, subject to review and approval of the Planning Board.
B. 
No mobile home park may be located closer than 200 feet to any public highway.
C. 
Each mobile home space must be a minimum of 10,000 square feet.
D. 
There must be a minimum of 30 feet between each mobile home, in any direction.
E. 
Each mobile home must be at least 50 feet from an adjacent property line.
F. 
Only one mobile home shall be permitted to occupy any one mobile home lot.
G. 
Multiunit mobile homes shall be required to have one space for each multiunit.
H. 
When applying the footage clearance figures; awnings, vestibules or other attached added structures shall be considered an integral part of the mobile home.
I. 
It shall be illegal to allow any mobile home to remain in a mobile home park unless there is a space for it.
J. 
A buffer strip to adjacent uses of at least 50 feet shall be required and shall be appropriately landscaped so as to provide a screen to adjacent uses.
K. 
Hardship provision. The City Council may authorize the City Manager to issue a permit for a temporary location of a mobile home in the city in case of hardship. A permit so issued will be limited to a period of time commensurate with the nature of the hardship up to a period of one year. Extensions may be granted by the City Council if the extension is deemed to be in the best interests of the applicant and the city, after a review of the circumstances of each case. The City Council may terminate any such permits after 30 days' notice to the holder when, upon recommendation of the City Manager, it is deemed that the hardship no longer exists.

§ 106-9 Roadways.

A. 
For fire prevention and protection, every mobile home park shall be easily accessible from a public highway or street.
B. 
Every mobile home park containing more than 20 mobile homes shall have two points of entry and exit, but no park shall have more than four such points.
(1) 
Every exit and entry shall be so designed and located as to provide safe and convenient movement of persons and vehicles into and out of the park.
(2) 
All points of entry/exit and all streets within the park shall intersect at right angles.
(3) 
All streets within the park shall have a roadway of at least 30 feet and must be hard paved a minimum width of 24 feet. If on-street parking is allowed, all roadways on which on-street parking is allowed shall have a minimum width of 40 feet.
(4) 
All streets shall be free of any material which would impede visibility and safe travel thereon.
(5) 
All streets shall be well drained, adequately graveled and paved, and maintained in good condition.
(6) 
All streets shall be lighted at night with a light intensity of not less than two foot candles.
C. 
Every mobile home park must provide adequate off-street parking for each mobile home space therein.

§ 106-10 Service facilities.

A. 
Water supply requirements. An accessible, adequate, safe and potable supply of water shall be provided in each mobile home park. A minimum of 125 gallons per day shall be available for each mobile home space. The development of an independent water supply to serve the park shall be made only after express approval has been granted by the Building Inspector.
B. 
Plumbing. All plumbing in the mobile home park shall comply with the minimum state and city codes and shall be maintained in good operating condition.[1]
[1]
Editor's Note: See Ch. 36, Building Construction.
C. 
Sewage disposal. Mobile home parks shall be served by a public sewer system or by a private disposal system which meets the sewer requirements of the state and city. Each mobile home space shall be provided with a satisfactory sewer connection. All sewage disposal apparatus, including appurtenances thereto, shall be provided, maintained and operated so as not to create a nuisance or health hazard.
D. 
Refuse and garbage disposal. The storage, collection and disposal of refuse in a mobile home park shall not create health hazards, rodent harborage, insect breeding areas, accident hazards or air pollution. All refuse and garbage shall be stored in flytight, watertight, rodentproof containers, which shall be provided in sufficient numbers and capacity to prevent any refuse from overflowing. Satisfactory container racks or holders shall be provided by the mobile home park operator and shall be located not more than 150 feet from any mobile home space.
E. 
Recordkeeping. Every mobile home park operator shall maintain a register containing the names and addresses of every occupant of the park, the number of people in each unit and their relationship. This record shall be provided to the City Clerk no later than June 30 each year, and any changes thereof shall be reported within 60 days. This record shall be available to any authorized person inspecting the park.

§ 106-11 Electricity.

An electrical outlet supplying at least 100 amperes, 220 volts shall be provided for each mobile home space. The installation shall comply with the minimum State and City Electrical Codes.[1] Such electrical outlets shall be weatherproof. No power lines shall be permitted to lie on the ground or to be suspended less than 15 feet above the ground.
[1]
Editor's Note: See Ch. 36, Building Construction.

§ 106-12 Rights and obligations of parties.

A. 
Evictions.
(1) 
No mobile home park owner or operator may evict a mobile home dweller other than for the following reasons:
(a) 
Nonpayment of rent.
(b) 
Violation of a federal or state law or local ordinance which may be deemed detrimental to the safety and welfare of other dwellers in the park and/or the park itself and the owners/operators thereof.
(c) 
Violation of any rule or regulation established by the park owner or operator, provided that the dweller has received prior, written notice of the rules and regulations.
(d) 
Where the dweller holds over or continues in possession after the expiration of his/her term and demand for possession by the park owner or operator.
(e) 
Termination of the use of the park for mobile home purposes, provided that all mobile home dwellers receive written notice of said termination a reasonable time prior to said termination.
(2) 
Additional grounds for eviction proceedings may be established in a written lease agreement between the park owner or operator and a mobile home dweller in addition to those established by law.
B. 
A copy of all rules and regulations shall be delivered by the park owner or operator, providing all the terms set forth between the parties, to the mobile home owner prior to signing the lease or entering into a rental agreement. A copy of said rules and regulations shall also be posted in a conspicuous place in the park.
C. 
No mobile home park owner or operator shall require a resident therein to purchase from said owner or operator underskirting, equipment for tying down mobile homes, or any other equipment required by law, local ordinances or regulations of the park. However, the park operator may determine by rule or regulations the style or quality of such equipment to be purchased by the tenant from the vendor of the tenant's choice.
D. 
No park operator shall charge any resident who chooses to install an appliance of any type in his/her mobile home an additional fee unless that fee reasonably reflects the cost of the installation, use or maintenance of said appliance to the park owner or operator; or to restrict the installation, use or maintenance of said appliance, or to restrict the making of any interior improvements in the mobile home, so long as the installation or improvement is in compliance with the applicable Building Codes and other provisions of law.
E. 
Fees, charges and assessments.
(1) 
A mobile home park operator shall be required to fully disclose in writing all fees, charges, assessments, rules and regulations prior to a mobile home dweller assuming occupancy in the park. No fees, charges or assessments so disclosed may be increased or rules and regulations changed by the park operator without 30 days prior, written notice to the tenant, unless specifically provided for in the written lease.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Failure on the part of the park operator to fully disclose all fees, charges or assessments shall prevent the park operator from collecting said fees, charges or assessments, and refusal by the tenant to pay any undisclosed charges shall not be used by the park operator as a cause for eviction in any court of law.
F. 
Donations and gifts.
(1) 
No park owner may, directly or indirectly, receive, collect or accept from another person any donation, gratuity, bonus or gift in addition to lawful charges, upon the representation, understanding or statement that compliance with the request or demand therefor will facilitate, influence or procure an advantage over others in entering into an agreement, either oral or written, for the rental or lease of a space within a mobile home park. No park operator may refuse to enter into such agreement unless he/she receives a donation, gratuity, bonus or gift either directly or indirectly, nor may the park operator aid or abet or request or authorize any other person to violate any of the provisions of this section.
(2) 
In any action by any person to recover any donation, gratuity, bonus or gift acquired by another in violation of the provisions of this chapter, the court, upon finding for such person, shall award recovery of double the value of such donation, gratuity, bonus or gift, together with the costs of the action.
G. 
No mobile home park shall deny any resident of such mobile home park the right to sell said resident's mobile home within the park or require the resident to remove the mobile home from the park solely on the basis of the sale thereof. The park may reserve the right to approve the purchaser of said mobile home as a tenant, but such permission shall not be unreasonably withheld. The park may not exact a commission or fee with respect to the price realized by the seller unless the park operator has acted as agent for the seller in the sale pursuant to a written contract.
H. 
A mobile park owner or operator shall be required:
(1) 
Prior to a mobile home dweller assuming occupancy in the park, to offer to such seller a written lease or rental agreement.
(2) 
Within 30 days of the effective date of this chapter, to offer to the mobile home dwellers within the park a written lease or rental agreement.
I. 
Any provision of a lease or other agreement whereby any provision of this chapter is waived shall be deemed against public policy and shall be void.

§ 106-13 Higher standard to prevail.

In any case where a provision of this chapter is found to be in conflict with a provision of any ordinance or code of the City of Lebanon existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

§ 106-14 Penalties for offenses.

A. 
Fine. Violation of any provision of this chapter may subject the violator upon conviction to the penalty provided in Chapter 1, General Provisions; or
B. 
Revocation of license. If a police officer, the Building Inspector or any other authorized representative of the City of Lebanon finds that any mobile home park is in violation of any of the provisions of this chapter, he/she may report these facts to the City Manager who may direct the City Clerk to serve an order in writing upon the holder of the license directing that the conditions specified in the complaint be remedied within 10 days after date of service of such an order. If such conditions are not corrected within the ten-day period, the City Manager may serve notice to the holder of the license to appear before the Planning Board at a time to be specified in the notice to show cause why such license should not be revoked. The Planning Board, after a hearing at which testimony of witnesses may be taken and the holder of the license has been heard, may revoke such license.