[CC 1988 §27-20; Ord. No. 2474 §1, 9-17-1973; Ord. No. 3550 §1, 1-22-2004; Ord. No. 3902 §1, 8-15-2011]
For the purpose of this Article, the following terms shall have
the meanings ascribed to them by this Section:
Any person licensed to operate and maintain a mobile home
park under the provisions of this Article.
Structure, transportable in one (1) or more sections, which,
in the traveling mode, is eight (8) body feet or more in width or
forty (40) body feet or more in length, or, when erected on site,
is three hundred twenty (320) or more square feet, and which is built
on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical
systems contained therein. The term includes any structure that meets
all of the requirements of this paragraph except the size requirements
and with respect to which the manufacturer voluntarily files a certification
required by the United States Secretary of Housing and Urban Development
and complies with the standards established under Title 42 of the
United States Code. Any unit that does not have a Missouri State Seal
shall be considered a mobile home.
A transportable building unit designed to be used by itself
or to be incorporated with similar units at a point-of-use into a
modular structure to be used for residential, commercial, educational
or industrial purposes. This off-site manufactured structure must
bear an approved Missouri State Seal and meet the modular housing
design requirements of the International Building Code or a code which
imposes similar standards on safety and quality as the International
Building Code. The structure must set on a concrete foundation. This
definition shall not apply to structures under six hundred fifty (650)
square feet.
A plot of ground within a mobile home park designed for the
accommodation of one (1) mobile home/manufactured home or modular
home.
A parcel of land on which is provided a space for two (2)
or more mobile homes/manufactured homes or modular homes.
[CC 1988 §27-21; Ord. No. 2474 §2, 9-17-1973]
No mobile home shall be used as living quarters by any person
or persons within the City for a period exceeding seventy-two (72)
hours except as provided herein. No mobile home shall be parked on
any public street or alley or any public property of any kind for
a period exceeding twenty-four (24) hours. No mobile home shall be
parked or occupied on any private property except as provided herein.
[CC 1988 §27-22; Ord. No. 2474 §3, 9-17-1973]
A.
Mobile
home parks shall not be located where adequate surface drainage is
impracticable. The minimum lot area for a mobile home park shall be
three (3) acres and sufficient area shall be available for all parking
space, roadway, walkway, service buildings, water supply, sewage disposal
and other sanitary and service connections.
1.
Mobile
home parks shall be permitted only at such locations where the zoning
district regulations contained in the zoning ordinance of the City
permit such use of land to be established, and all permanent buildings
or structures shall conform to the applicable provisions of such zoning
ordinance in addition to those contained herein.
2.
Mobile
home spaces shall be provided consisting of a minimum of three thousand
(3,000) square feet for each space which shall be at least forty (40)
feet wide and clearly defined. Mobile homes shall be at least forty
(40) feet and clearly defined. Mobile homes shall be so harbored on
each space that there shall be at least twenty (20) feet clearance
between mobile homes. No mobile home shall be located closer than
fifty (50) feet from any property line bounding the park, nor within
five (5) feet of the boundary of the mobile home space.
3.
All
mobile home spaces shall abut upon an access drive of not less than
twenty (20) feet in width without parking permitted, twenty-eight
(28) feet with parking permitted on one (1) side only or thirty-six
(36) feet with parking permitted on both sides which shall have unobstructed
access to a public street or highway. All access drives shall be paved
in accordance with City specifications for residential streets.
4.
An electrical
service connection containing at least one (1) circuit supplying one
hundred (100) amps at one hundred twenty-five (125) to two hundred
fifty (250) volts shall be provided at each mobile home space.
5.
Paved
walkways not less than four (4) feet wide shall be provided from mobile
home spaces to service buildings and recreation sites.
6.
The
park site, buildings and surroundings shall be maintained in a neat
presentable manner, as well as in a safe and sanitary condition.
7.
Sanitary
connections approved by the Division of Health for water supply and
sewage disposal shall be provided at each mobile home space. No mobile
home shall remain in a mobile home park for a period exceeding three
(3) days without connection to the permanent sanitary sewer system
of the park.
8.
There
shall be provided within each mobile home park an adequate site or
sites for recreation for the exclusive use of the park occupants.
Such site or sites shall have a minimum area in the aggregate of one
hundred (100) square feet for each mobile home space and shall be
of appropriate design and provided with appropriate equipment.
9.
A minimum
of one and one-half (1½) off-street parking spaces shall be
provided for each mobile home space.
[CC 1988 §27-23; Ord. No. 2474 §4, 9-17-1973]
A.
An adequate
accessible supply of potable drinking water approved by the Division
of Health shall be provided at all mobile home parks and to all mobile
home spaces. Water from a source other than a municipal supply shall
not be used until it has been approved by the Division of Health.
No unsafe water supply shall be available on the park grounds. No
common drinking cups shall be allowed on a park site.
B.
On park
sites water shall be distributed from pipes only and cold water supply
connections shall be located at each mobile home space. An adequate
supply of hot water at a temperature of not less than one hundred
forty degrees Fahrenheit (140° F) shall be available at all times
in the service buildings provided at such site for bathing, washing
and laundry purposes.
[CC 1988 §27-24; Ord. No. 2474 §5, 9-17-1973]
A.
Adequate
flush toilets shall be provided at all mobile home parks. Such facilities
shall be maintained in a clean and sanitary condition at all times.
Separate flush toilets which are a readily accessible and plainly
indicated by signs shall be provided for each of the sexes.
1.
A minimum
of two (2) flush toilets shall be provided for each sex that are housed
in separate buildings at least twenty (20) feet apart or separated,
if in the same building, by another soundproof wall.
2.
Each
toilet shall be in a private compartment in which a lavatory, shower
or bathtub may be installed; and all toilet rooms, toilets, urinals
and other plumbing fixtures shall be kept clean, sanitary and free
from flies. Buildings housing the toilet facilities, other sanitation
facilities and service facilities and toilet rooms shall be well lighted
and ventilated and provided with artificial light for night use. Toilet
rooms shall be equipped with toilet paper, lavatory facilities, soap
in dispensers and individual towels.
3.
Buildings
housing the toilet facilities shall be permanent structures substantially
constructed and maintained in good repair and shall be located not
closer than thirty (30) feet to any mobile home space.
4.
Buildings
housing toilet facilities, other sanitation facilities and service
facilities shall be constructed of moisture-proof material, including
painted woodwork, shall permit repeated cleaning and washing, and
shall be maintained at a temperature of at least sixty-eight degrees
Fahrenheit (68° F) during the period from October first (1st)
to May first (1st). The floors shall be of water impervious material
and slope to a floor drain connected with the sewer system.
[CC 19888 §27-25; Ord. No. 2474 §6, 9-17-1973]
All mobile home parks within the City shall be properly plumbed
and all buildings in which plumbing fixtures are installed shall be
plumbed, lighted and ventilated with strict regard to health, comfort
and safety of the guests. Adequate disposal of sewage shall be provided
by discharge into a public sanitary sewer, provided a public sanitary
sewer is now or shall hereafter be available, but no ordinance or
regulation regarding sewer connection and charges therefor is hereby
repealed. If a public sanitary sewer is not available, disposal shall
be by discharge into a suitable sewage treatment device, such sewage
treatment device to be constructed and operated in a manner approved
by the Division of Health and the City.
[CC 1988 §27-26; Ord. No. 2474 §7, 9-17-1973]
A.
Adequate
lavatory and bathing facilities shall be provided at all mobile home
parks. Such facilities shall be maintained in a clean and sanitary
condition at all times. Separate facilities which are readily accessible
and plainly indicated by signs shall be provided for each of the sexes.
[CC 1988 §27-28; Ord. No. 2474 §9, 9-17-1973]
Adequate laundry facilities shall be provided at all mobile
home parks. Such facilities shall be maintained in a clean and sanitary
condition at all times. Laundry facilities shall be readily accessible
and conveniently located.
[CC 1988 §27-29; Ord. No. 2474 §10, 9-17-1973]
All structures located in a mobile home park for service building,
housing of facilities and storage, preparation and service of food
shall be substantially constructed and maintained in a sanitary manner.
All doors and windows shall be properly screened with screen wire
not larger than sixteen (16) meshes to the inch. All buildings shall
be constructed and maintained in a rat-proof and rat-free manner.
All such buildings shall also conform with the applicable provisions
of the zoning ordinance of the City.
[CC 1988 §27-30; Ord. No. 2474 §11, 9-17-1973; Ord. No. 2506 §1, 6-17-1974]
A.
All mobile
homes shall be tied down by attachment to ground anchors so as to
resist wind overturning and sliding. Unless the tiedown system is
designed by a registered professional engineer, tiedowns shall be
placed not more than twenty-four (24) feet on centers beginning from
the front wall. Not more than six (6) feet open-end spacing shall
be provided at the rear wall of the mobile home unless additional
tiedowns are installed.
B.
Each
tiedown shall be designed to resist an allowable working load equal
to or exceeding three thousand one hundred fifty (3,150) pounds and
shall be capable of withstanding a fifty percent (50%) overload without
failure. Provisions for diagonal ties between ground anchors and the
mobile home shall be made in conjunction with each vertical tiedown.
Tiedowns exposed to weathering shall be resistant to weathering deterioration
at least equivalent to that provided by a coating of zinc on steel
or not less than 0.30 ounces per square foot of surface coated.
C.
The owner
of a mobile home located in a licensed mobile home park shall be responsible
for securing the mobile home to anchors provided by the mobile home
park owner.
D.
The owner
of a mobile home located outside of a mobile home park shall provide
and install the required anchors and to properly secure the mobile
home to the anchors.
[CC 1988 §27-31; Ord. No. 2474 §12, 9-17-1973]
Suitable and adequate precaution shall be taken to eliminate
and control all possible fire hazards at park sites. Suitable and
adequate first-aid appliances shall be provided and maintained. One
(1) fire extinguisher of soda and acid or water and pump type of two
and one-half (2½) gallons capacity or equivalent in good working
order and conveniently located shall be maintained for every five
(5) mobile home spaces and for every two thousand (2,000) square feet
of floor area or fraction in every building located on the park. No
fire hazards shall be maintained on the premises. Fire hydrants connected
to the water supply system shall be located along access drives in
accordance with City specifications for hydrants on residential streets.
[CC 1988 §27-32; Ord. No. 2474 §13, 9-17-1973]
The undercarriage area or space between the floor of the mobile
home and the ground shall be covered by metal or wood material in
a manner so as to screen or conceal from view on all sides of the
undercarriage of the mobile home foundation blocks or posts and utility
connections.
[CC 1988 §27-33; Ord. No. 2474 §14, 9-17-1973]
Licensees shall keep a register or record book to be signed
by every guest, giving his/her full name, street and City residence
address and number of State license tags; such record book to be open
to the inspection of the City.
[CC 1988 §27-34; Ord. No. 2474 §15, 9-17-1973; Ord. No. 2548 §2, 5-17-1976; Ord. No. 2703 §1, 4-20-1981; Ord. No. 3988 §1, 9-16-2013]
No person shall operate, maintain or offer for use any mobile
home park without first obtaining from the Finance Clerk a license
as herein provided; the annual license shall be fifty dollars ($50.00)
for each mobile home park. Of the license fee to be paid for any such
license, the applicant shall pay as many twelfths (12ths) as there
are months (part of a month counted as a month) remaining from the
date of the license to the next succeeding July first (1st).
[CC 1988 §27-35; Ord. No. 2474 §16, 9-17-1973]
No license for a mobile home park shall be issued until the
location and license are approved by the Council and no owner of land
or improvements thereon shall lease or let the same be used as a mobile
home park until the site has been inspected and the location and license
approved by the City Council.
[CC 1988 §27-36; Ord. No. 2474 §17, 9-17-1973]
The City Council, if it be shown upon a hearing before such
Council that any licensee has violated the provisions of this Article
or regulations of the State Division of Health concerning mobile home
parks, may revoke the license of any licensee issued under this Article;
provided, that the City Clerk shall first upon motion of the Council
direct a notice of the date, time and place of such hearing, setting
forth the grounds upon which such license is sought to be revoked,
and commanding the licensee to appear and show cause why such license
should not be revoked; and notice shall be served by the Chief of
Police upon the licensee or upon any employee of the licensee at the
time of service in charge of the place of business licensed; and the
licensee shall have full right to produce witnesses in the licensee's
behalf in such hearing. Such hearing shall be conducted as other proceedings
of the Council are conducted, and no license shall be revoked except
upon vote thereof by a majority of the members elected to the Council.
[CC 1988 §27-37; Ord. No. 2474 §18, 9-17-1973]
In case any license issued hereunder is revoked, surrendered
or forfeited by the licensee, not used or used only for a portion
of the license period after the effective date of such license, no
refund of any license charge or part thereof shall be made except
by a majority of the members elected to the Council.
[CC 1988 §27-38; Ord. No. 2474 §19, 9-17-1973]
A.
No person shall suffer, allow or permit the parking of any mobile home upon premises owned or occupied by such person unless they have previously acquired a license to operate a mobile home park as set forth in Sections 415.150 and 415.250 herein; provided, that nothing herein shall be construed to prevent the temporary allowance of the use of premises for the purposes herein regulated for a period not in excess of ten (10) days if the following provisions are complied with:
1.
The
mobile home owner or his/her authorized representative shall make
application in writing to the Finance Clerk for a special permit for
a period not in excess of ten (10) days;
[Ord. No. 3988 §1, 9-16-2013]
2.
Such
written application shall be accompanied by a non-returnable fee of
ten dollars ($10.00);
3.
If the
Finance Clerk approves the application, he/she will issue the permit
authorizing the temporary parking.
[Ord. No. 3988 §1, 9-16-2013]
[CC 1988 §27-39; Ord. No. 2474 §15, 9-17-1973]
No person shall operate, maintain or offer for use any real
estate for the use of a single mobile home and, except as otherwise
provided herein, no mobile home may be located within the City outside
of a mobile home park.
[CC 1988 §27-40; Ord. No. 2474 §20, 9-17-1973]
A.
Nothing
herein shall be construed to cover the parking or storing of unoccupied
mobile homes. This Article is intended for the regulation and control
of mobile homes that are occupied and does not control the parking
of mobile homes for storage purposes where same are not occupied.
B.
Any trailer
located in a residential area at the time of the passage of this Article
shall be considered as a non-conforming use of the land under these
provisions of the zoning ordinance; provided further, that the replacement
of any such trailer with a newer model trailer shall not be considered
such a change as long as the pre-existing non-conforming use is not
altered.
[CC 1988 §27-41; Ord. No. 2474 §21, 9-17-1973; Ord. No. 3988 §1, 9-16-2013]
Any person convicted of violating any of the provisions of this
Article shall be deemed guilty of a misdemeanor and shall be punished
by imprisonment for a term of not more than one (1) month or by a
fine of not more than one hundred dollars ($100.00) nor less that
ten dollars ($10.00); provided that upon final conviction of any person
for the violation of any of the terms or provisions of this Article,
such conviction shall automatically operate to revoke the license
or special permit of such person, and no person so finally convicted
shall be issued any license or special permit under this Article or
a renewal thereof for a period of two (2) years from the date of such
conviction. Upon any such final conviction, it shall be the duty of
the Finance Clerk to certify such conviction to the City Council at
the first (1st) meeting of such Council after such conviction.
[CC 1988 §27-42; Ord. No. 2474 §23, 9-17-1973]
A.
Any person
or persons subject to the provisions of this Article at the time of
its passage shall have one hundred twenty (120) days in which to comply
to the provisions herein set forth.
B.
Section 415.030, Subsections (2), (3), (5), (8) and Section 415.120 herein shall not apply to mobile home spaces existing and properly licensed at the time of the passage of this Article; provided, that any such spaces, the use of which ceases for a period of one (1) year, shall thereafter comply with such Subsection of Section 415.030.
[CC 1988 §27-50; Ord. No. 3362, 12-14-1998]
The provisions of this Article shall be applicable to mobile home parks sought to be created within the City limits of the City of De Soto, Missouri, after December 14, 1998, and applicable to modifications to existing mobile home parks within the City limits of the City of De Soto which are to begin after December 14, 1998. No Section of this Article II shall act to supersede or repeal other City of De Soto ordinances regulating mobile homes in the City of De Soto and City of De Soto ordinances regulating mobile homes shall remain in effect as currently written or amended.
[CC 1988 §27-51; Ord. No. 3362, 12-14-1998]
Pursuant to the authority contained in the Missouri Revised
Statutes, Chapter 89, Sections 89.010 through 89.144 and Sections
89.300 through 89.491, the Planning and Zoning Commission does hereby
exercise the power to approve and disapprove all mobile home parks
and/or all extensions, additions, deletions or modifications thereto
within the City.
[CC 1988 §27-52; Ord. No. 3362, 12-14-1998]
A.
Official Submission Date. A mobile home park shall be considered
officially filed on the day the mobile home park plan is received
in its entirety by the City Clerk and shall be so dated. Mobile home
parks plans shall be forwarded to the City Manager or his/her designee,
the Planning and Zoning Commission, and the City Council for review
and comment.
B.
Submission To Highway Engineers. Prior to the approval of
any mobile home park modification thereto affecting any land abutting
an existing or proposed State roadway, the Planning and Zoning Commission
shall give notice of the proposed park to the Missouri State Highway
Commission District Engineers. The Planning and Zoning Commission's
decisions of the acceptability of any mobile home park shall take
cognizance of any and all comments received from the District Engineer
if said mobile home park abuts a County roadway.
C.
Concept Review. Before preparing the final mobile home park
plan or amendment to an existing plan, the applicant shall meet with
the City Manager or his/her designee to discuss the procedure for
adoption of a mobile home park and the requirements as to general
layout of the mobile home park, as well as the availability of existing
services. This concept review shall encompass land use and development
concepts, pertinent regulations and required public improvements.
The geographic scope of this review shall show the effect of the mobile
home park on the surrounding area.
1.
The
concept review is an informal discussion and review made available
to the applicant, and the applicant may, after meeting with the City
Manager or his/her designee, proceed to prepare and submit a mobile
home park.
D.
Concept Review Sketch Plan. The applicant shall be required
to submit a sketch plan, legibly drawn at a suitable scale and containing
the following information:
1.
The
proposed layout of streets, access drives, parking areas, lots, building
facilities, existing and proposed utilities, existing and proposed
easements, a storm-drainage plan and other features in relation to
existing streets, topography and other conditions.
2.
A general
location map, such as the street map of the City, showing the proposed
mobile home park and its relationship to existing abutting properties
and community facilities in the area, and other data supplementing
the plans which outline or describe all of the proposed development
as it relates to existing conditions.
3.
The
legal description of the property, a survey marking the property corners,
as well as the ownership and existing land uses of said property,
and for all properties immediately adjacent.
4.
The
City Manager may require such additional information as may be necessary
to complete the concept review.
[CC 1988 §27-53; Ord. No. 3362, 12-14-1998]
A.
Application. Based upon the approval of the sketch plan
in the concept review, the applicant should file an application with
the City Clerk for approval of the mobile home park. The application
shall:
1.
Be made on forms available at the office of the City Clerk together with a license permit fee in accordance with Section 415.140.
2.
Include
all land which the applicant proposes to include in the mobile home
park and all land one hundred eighty-five (185) feet therefrom with
the names and addresses of the owners of all such land as shown in
the Assessor's file.
3.
Be accompanied
by a minimum six (6) copies of the mobile home park as described in
these regulations.
4.
Be accompanied
by a minimum two (2) copies of construction plans as described in
these regulations. Construction plans shall only be for any proposed
roads, utilities, or any other public improvements.
5.
Be presented
at least thirty (30) days prior to a regular meeting of the Planning
and Zoning Commission.
B.
Official Recommendation. The City Manager or his/her designee
shall study the mobile home park plan and make a recommendation to
the Planning and Zoning Commission at least five (5) days before their
next meeting.
C.
Public Hearing. The Planning and Zoning Commission and the
City Council shall provide for a joint public hearing and shall notify
all property owners within one hundred eighty-five (185) feet of the
proposed mobile home park at least fifteen (15) days prior to the
hearing.
D.
Time Requirement. The Planning and Zoning Commission shall
act (approval or disapproval) on the mobile home park within forty-five
(45) days after its submittal. If no action is taken by the Planning
and Zoning Commission within sixty (60) days after submittal, the
mobile home park as filed shall be considered approved by the Planning
and Zoning Commission.
E.
Notice Of Action Taken. The Planning and Zoning Commission
shall determine whether the mobile home park shall be approved, approved
conditionally, or disapproved and shall give notice to the applicant
in the following manner:
1.
If approved,
the Chairman of the Planning and Zoning Commission shall sign the
mobile home park plan and attach a notation that it has received approval.
2.
If approved
with modifications or disapproved, the Chairman of the Planning and
Zoning Commission shall attach to the mobile home park plan a statement
of the reasons for such action and return it to the applicant. If
the Planning and Zoning Commission does not approve the mobile home
park, the City Council may approve the mobile home park and accept
any public areas and easements dedicated thereon by a four-fifths
(4/5) vote of the entire membership of the City Council.
3.
In any
case, a notation of the action taken, and the requisite reasons therefor,
shall be entered in the records of the Commission.
F.
Effect Of Approval. Approval of the mobile home park shall
not constitute approval or imply the acceptance of the local government
of any public street, easement, utility, park, etc., shown on said
plan.
[CC 1998 §27-54; Ord. No. 3362, 12-14-1998]
A.
General. Where the Planning and Zoning Commission and the
City Council find that extraordinary hardships or practical difficulties
may result from strict compliance with these regulations and/or the
purposes of these regulations may be served to a greater extent by
an alternative proposal, they may approve variances to these mobile
home park regulations so that substantial justice may be done and
the public interest secured, provided that such variance shall not
have the effect of nullifying the intent and purpose of these regulations
and, further provided, that the Planning and Zoning Commission and
City Council shall not approve variances unless they shall make findings
based upon the evidence presented to them in each specific case that:
1.
The
granting of the variance will not be detrimental to the public safety,
health or welfare or injurious to other property as located;
2.
The
conditions upon which the request for a variance is based are unique
to the property for which the variance is sought and are not applicable
generally to any other property;
3.
Because
of the particular physical surroundings, shape or topographical conditions
of the specified property involved, a particular hardship to the owner
would result as distinguished from a mere inconvenience, if the strict
letter of these regulations are carried out;
4.
The
variances will not in any manner vary the provisions of the zoning
ordinance, Master Plan or Official Map.
B.
Conditions. In approving variances, the Planning and Zoning
Commission and City Council may require such conditions as will, in
its judgment, secure substantially the objectives of the standards
or requirements of these regulations.
C.
Procedures. A petition for any such variance shall be submitted
in writing by the applicant at the time when the mobile home park
plan is filed for the consideration of the Planning and Zoning Commission.
The petition shall state fully the grounds for the application and
all facts relied upon by the petitioner.
