This article shall only apply to mobile homes
legally existing in the Town of Cicero on July 29, 1972.
As used in this article, the following terms
shall have the meanings indicated:
MOBILE HOME
A movable living unit equipped with a chassis and provided
with the following mechanical systems and equipment: plumbing, heating,
electrical, cooking and refrigeration.
TRAILER (TRAVEL OR VACATION)
A movable living unit equipped with a chassis but lacking
any of the following mechanical systems and equipment: plumbing, heating,
electrical, cooking and refrigeration.
The Zoning Officer and the Health Officer of
the Town of Cicero shall enforce all of the provisions of this article.
Such Zoning Officer and the Health Officer shall have the right to
enter such mobile home site or other premises used for the parking
or location of a mobile home at all times.
If the Zoning Officer or the Health Officer
upon inspection finds that such mobile home is not being maintained
in a clean and sanitary condition, or that such mobile home is not
being maintained in accordance with the regulations applicable to
the provisions of this article, he shall serve upon the holder of
such license an order in writing directing that the conditions therein
specified be remedied within five days after the service of such order.
If, after the expiration of such period, such conditions remain unchanged,
or are not corrected in accordance with the order of the Zoning Officer
or the Health Officer, the Zoning Officer or the Health Officer shall
serve a notice in writing upon such mobile home owner requiring the
holder of such license to appear before the Town Board of the Town
of Cicero at a time to be specified in such notice not less than 24
hours, and show cause why such license should not be revoked. The
Town Board may after a hearing at which the testimony of witnesses,
the Health Officer and the holder of such license shall be heard,
revoke such license if the conditions described in the original order
have not been corrected in accordance with the terms of such order
or if the holder of such license has violated any of the provisions
of this article, or for other sufficient cause. Upon revocation of
such license, the premises shall forthwith cease to be used for the
purpose of a mobile home site and such mobile home shall be removed
therefrom.
Any person who violates any provisions of this
article shall be guilty of a misdemeanor and subject to a fine of
not less than $10 nor more than $100 or to imprisonment for a period
of not less than one day nor more than six months, or both such fine
and imprisonment; and in addition any and all persons who violate
any of the provisions of this article or who shall omit, neglect or
refuse to do any act required by this article shall severally, for
each and every violation and noncompliance respectively forfeit and
pay a penalty of $50. The imposition of all penalties for any violation
of this article shall not excuse the violation or permit it to continue.
The application of the above penalty or penalties or the prosecution
of the violation of the provisions of this article shall not be held
to prevent the enforced removal of conditions prohibited by this article.
When a violation of any of the provisions of this article is continuous,
each 24 hours thereof shall constitute a separate and distinct violation.
None of the provisions of this article shall
be construed as granting vested interest to anyone licensed under
this article, and the Town Board hereby reserves the right to withdraw
all permissions and revoke all licenses granted under this article
upon 60 days' notice by publication as provided for in § 133
of the Town Law.
This article shall be known and may be cited
as the "Town of Cicero Mobile Home Park Ordinance."
It is the purpose of this article to promote
the health, safety, comfort, convenience and general welfare of the
community and to protect and preserve the property of the Town of
Cicero and its inhabitants by regulating mobile home parks in the
Town of Cicero.
As used in this article,the following terms
shall have the meanings indicated:
COMMON AREA
The area or space designated for joint use of tenants occupying
mobile home parks.
DRIVEWAY APRON
The hard surface area from paved street to mobile home stand.
EASEMENT
The vested or acquired right to use land, other than as a
tenant, for a specific purpose; such right being held by someone other
than the owner who holds title to the land.
FRONT YARD
The area of the mobile home lot which lies between the street
line and the front line of the mobile home stand.
HEALTH AUTHORITY
The legally designated health authority having jurisdiction
over public health affairs for the Town of Cicero.
INTERNAL STREET
A paved road within the mobile home tract or area that will
be constructed and maintained by the park owner to town standards.
LICENSE
A written license issued by the Town Board upon recommendation
by the Planning Board allowing a person to operate and maintain a
mobile home park under the provisions of this article and regulations
issued hereunder.
MOBILE HOME
Defined as provided in §
140-2 of Article
I of this chapter. A sectional prefabricated home shall not be considered a mobile home. As used in this chapter, a mobile home shall not be deemed to be a travel trailer which is towed by an automobile, can be operated independently of utility connections, is limited in width to eight feet, in length to 32 feet, and is designed to be used principally as a temporary vacation dwelling. A movable living unit equipped with a chassis and provided with the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration designed for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components designed to be joined into one integral unit.
MOBILE HOME LOT
A parcel of land for the placement of a mobile home and the
exclusive use of its occupants.
MOBILE HOME PARK
A parcel of land under single ownership, corporation or partnership
which has been planned and improved for the placement of mobile homes
for nontransient use.
MOBILE HOME STAND
That part of an individual lot which has been reserved for
placement of the mobile home, appurtenant structures or additions.
PATIO
A hard-surfaced outdoor living space designed to supplement
the mobile home living area.
PERMIT
A written permit issued by the municipal agency permitting
the construction, alteration, and extension of a mobile home park
under the provisions of this article and regulations issued hereunder.
PERSON
Any individual, firm, trust, partnership, public or private
association or corporation.
PUBLIC UTILITY
A utility which is owned and operated by the town or an improvement
district thereof, or by any other unit of government or by an established
utility company.
RIGHT-OF-WAY
That portion of designated land set aside for the installation
of utilities and for sidewalks, curbs, gutters or other unrestricted
uses.
SERVICE OR RECREATION BUILDING
A structure housing operational, office, recreational, park
maintenance and other facilities built to conform to required State
Building Construction Code.
SIDE YARD
The area of the mobile home lot which lies between the mobile
home lot line and the mobile home stand sideline.
SITE
A parcel of land consisting of one or more lots or portions
thereof which is described by reference to a recorded plat or by metes
and bounds.
TENANT STORAGE
An enclosed space designed to provide auxiliary general storage
space for an individual mobile home.
TRAILER (TRAVEL OR VACATION)
A movable living unit equipped with a chassis but lacking
any of the following mechanical systems and equipment: plumbing, heating,
electrical, cooking and refrigeration.
YARD
The area on the same lot with a mobile home between the lot
line and the front, rear or side lines thereof.
The following regulations shall apply to all
mobile home parks in addition to all regulations specified in Chapter
124, Housing Standards, of this Municipal Code:
A. A mobile home park shall have an area of not less
than 25 acres.
B. Mobile home parks shall be provided with individual
mobile home lots, access driveways and parking.
C. Off-street vehicle parking spaces for each mobile
home lot shall be provided at each mobile home lot. The parking space
shall have a minimum of 300 square feet and be concrete or asphalt.
D. Each mobile home lot shall be provided with a patio
of at least 10 feet by 25 feet. It may be a continuation of a driveway.
E. Each mobile home lot shall have an attachment for
water supply. The water supply source must be approved by the New
York State Department of Health.
F. Each mobile home shall have an attachment for sewage
disposal. The method of sewage disposal must be in compliance with
the State Health Department regulations and the local sewer regulations,
both town and county.
G. No mobile home, office or service building shall be
closer to a public street right-of-way than 50 feet nor closer to
side and rear property line of adjoining owners' property lines than
50 feet.
H. A strip of land at least 50 feet in width shall be
maintained as a landscape area abutting all mobile home park property
lines. Mobile home parks located adjacent to existing manufacturing
business or single-family residential land uses shall be screened
by vegetative growth to be an effective visual barrier as prescribed
by the Planning Board.
I. No additions shall be made to a mobile home except
a commercial canopy and/or porch, open on three sides, but occupying
an area no greater than the patio and located thereon without a building
permit.
J. Each mobile home park shall provide adequate storage
facilities for seasonal or infrequently used items, in a general area
convenient to the mobile home tenants. This area shall be fenced and
locked. The mobile home park operator shall control the issuance of
keys to the storage facilities. There shall be a minimum of 200 square
feet for each mobile home.
K. Skirts, the bottom portion of each mobile home, shall
be enclosed with either metal or other fireproof material, be properly
ventilated and installed within five days after arrival in the park.
Skirts shall conform to mobile home design.
L. Suitable fire extinguisher apparatus together with
fire hydrants, located not more than 1,000 feet apart on roadways,
shall be provided. There shall be no closed end water mains.
M. Size of lots and yards. Every lot shall meet the following
minimum requirements:
(1) Front yard setback depth from mobile home internal
street: 30 feet.
(2) Front yard setback from mobile home lot line: 30 feet.
(3) Side yard setback depth from mobile home lot line:
20 feet.
(4) Rear yard setback depth from mobile home lot line:
30 feet.
(5) Each mobile home lot shall contain at least 10,000
square feet in area with a minimum of 75 feet of frontage on an intended
road and a depth of no less than 130 feet.
N. Detached garages, sheds, storage buildings and similar
structures will be of wooden construction. The color and style will
be consistent with the mobile home.
O. Streets lights will be installed, operated, and maintained
on all streets in the park by the park owner.
P. The park will contain a handicap-accessible recreation
building not less than 960 square feet for the use of park residents.
The building will be on a lot with a minimum of 20,000 square feet.
There will be a minimum of 10 parking spaces provided at the recreation
facility.
Q. All mobile homes placed at the park may be no older
than one year old.
R. All mobile homes, buildings and structures will have
a four-digit number. The number will conform to the requirements of
the Fire Code of New York State (19 NYCRR Part 1225).
[Amended 7-24-2013 by L.L. No. 7-2013]
S. Solid waste disposal.
(1) The storage, collection and disposal of solid waste
in the mobile home park shall be so conducted as to create no health
hazards, rodent harborage, insect breeding areas, accident or fire
hazards or air pollution.
(2) If group solid waste storage areas are provided for
park occupants, they shall be enclosed or otherwise screened from
public view and shall be rodent- and animal-proof and located not
more than 200 feet from any mobile home they are to serve. Containers
shall be provided in sufficient number to properly store all solid
waste produced.
(3) Any solid waste containers stored on individual mobile
home lots shall be screened from public view and be rodent- and animal-proof.
Utilities shall be provided as specified in
§ 124-54 of Chapter 124, Housing Standards, of this Municipal
Code.
No individual mobile home shall be equipped
with exterior radio or television antennas. The mobile home park owner
shall provide a central radio and television antenna system with underground
service cable as necessary, or the local commercial cable television
system.