Editor's Note — This chapter is superseded by ord. no. 99-18 §1 adopted September 7, 1999, which replaced ch. 415 with the new provisions set out herein. Former ch. 415 derived from CC 1975 §§42.010 — 42.060, 42.076, 42.080 — 42.100. The following forms and applications which pertain to factory-built units and homes are on file in the city offices: application for a manufactured home park business license; manufactured home park site plan review; site plan review checklist; application for placement of a structure plus a building permit; application for a renewal of a business license or a transfer of a business license of a manufactured home park business license.
[Ord. No. 99-18 §1, 9-7-1999]
A. 
It shall be unlawful for any person, firm or corporation to construct, alter, maintain or operate a manufactured home park or place/setup a factory-built unit or home within the City of Carl Junction unless such person, firm or corporation shall first review applicable regulations and restrictions with the City Clerk and file the appropriate application for proper processing.
B. 
Within this Chapter are definitions and regulations for individual factory-built units, factory-built homes, and factory-built home parks. Factory-built units as defined in Chapter 700, RSMo., and included in Section 415.010 "Definitions" are modular units, park trailers and recreational vehicles. Factory-built homes consist of two (2) types of housing units: manufactured homes (aka mobile home prior to 1980) and modular homes.
[Ord. No. 99-18 §1, 9-7-1999]
The following definitions are hereby adopted for the purpose of clarifying the terms and conditions set out in this Chapter:
ACCESSORY STRUCTURE
A structure customarily incidental and subordinate to the principal use of a factory-built home or unit and located on the same factory-built home or unit lot/space.
BUFFER ZONE FOR A MANUFACTURED HOME PARK
A strip of land separating the manufactured home park from adjoining properties. The buffer zone may contain, but not be limited to, natural vegetation or plantings (e.g. trees, shrubs, flowers) all maintained by the manufactured home park owner, or his/her representative, within current City Code; fencing as permitted by current City Code; total area of buffer zone shall be well-maintained by manufactured home park owner or representative; and buffer zone serves to act as a visual enhancement and a transitional screening feature for the manufactured home park and surrounding areas.
MANUFACTURED HOME
A manufactured (factory-built) structure or structures that, when erected on site, is designed to be used as a year-round residential dwelling unit or units with or without a permanent foundation. The phase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.
MANUFACTURED HOME PARK
A parcel or continuous parcels (minimum three (3) acres) of land which has been divided in two (2) or more lots for rent or sale for the placement of manufactured homes. The term "manufactured home park" does not include sales lots on which unoccupied manufactured homes are parked for the purpose of inspection and/or sale.
MANUFACTURED HOME SPACE
A plat of ground within a manufactured home park which is designed as the location for only one (1) manufactured home and not used for any other purposes whatsoever other than the customary accessory uses thereof.
MOBILE HOME
In the 1980 Housing Act, the U.S. Congress mandated that the term "mobile home" be changed to "manufactured home". (See definition for Manufactured Home).
MODULAR HOME
A factory-built residential structure built to a nationally recognized and accepted construction standard published by the International Building Code (IBC) and the structure is inspected and certified at the factory that it meets said standard. The modular home shall have exterior structure materials and appearance similar to the customary single-family structures and shall be permanently situated on a concrete foundation.
[Ord. No. 13-26 § 1, 6-18-2013]
MODULAR UNIT
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 definition shall not apply to structures under six hundred fifty (650) square feet used temporarily and exclusively for construction site office purposes.
PARK TRAILER
A modular-type unit built on a single chassis mounted on wheels, designed primarily as a temporary living quarters for seasonal or destination camping and having a gross trailer area not exceeding four hundred (400) square feet and not less than two hundred forty (240) square feet in the setup mode.
RECREATIONAL VEHICLE
A vehicular-type unit primarily designed to provide temporary living quarters for recreational, camping or travel use that either has its own motive power or is mounted on or towed by another vehicle.
SEAL
A device, label or insignia issued by the Public Service Commission, U.S. Department of Housing and Urban Development, or its agent, to be displayed on the exterior of the manufactured home, recreational vehicle or modular unit to evidence compliance with all Federal, State and City Codes.
SETUP
The operations performed at the occupancy site which renders a manufactured home or modular unit fit for habitation, which operations include, but are not limited to moving, blocking, leveling, supporting and assembling multiple or expandable units.
UNFIT FOR HUMAN HABITATION
Any mobile home or structure which is dangerous to human life or detrimental to health through either lack of maintenance, or repair generally, or because of unsafe or improper construction or installation, and includes but is not limited to factory-built units or homes or structures in which any one (1) or more of the following conditions exist: Exterior walls, supporting structure, doors, windows, floors, roof, appliances or equipment are so deteriorated, broken or damaged as to be hazardous to the occupants; or the walls, roof, floor, doors or windows are in such condition as not to adequately protect the occupants from the elements.
[Ord. No. 99-18 §1, 9-7-1999]
Individual manufactured homes and licensed manufactured home parks are permitted within the "R-3" Multi-Family Residential District under requirements and restrictions as set forth herein.
[Ord. No. 99-18 §1, 9-7-1999]
A. 
The City Clerk shall review pertinent applications, licenses, regulations and restrictions set forth in Chapter 415 with the applicant.
1. 
Licenses and applicable applications.
a. 
Request for a business license for a manufactured home park. The application for a manufactured home park business license along with the site plan must be filed and processed.
b. 
Request for renewal of a manufactured home park business license. The application for a renewal of a manufactured home park business license must be filed and processed.
c. 
Site plan application. Application must be filed and processed with the application for a manufactured home park business license.
d. 
Request for transfer of a manufactured home park business license. The application for transfer of a manufactured home park business license must be filed and processed.
e. 
Request for placement of all structures/units. The application for placement of a structure and building permit application must be filed and processed.
[Ord. No. 99-18 §1, 9-7-1999]
A. 
Application For A Manufactured Home Park Business License.
1. 
Application for a business license for a new manufactured home park or alteration of an existing manufactured home park.
Prior to the issuance of a business license for either new construction or alteration of an existing manufactured home park, a manufactured home park business license application, a manufactured home park site plan application, and a filing fee of two hundred dollars ($200.00) shall be submitted to the City Clerk. All forms shall be signed by the applicant and site owner.
a. 
The City Planning Commission shall hold a public hearing, investigate and review the business license application and site plan application along with proposed plans and specifications to either construct or alter a manufactured home park. If the manufactured home park license application and the manufactured home park site plan application comply with applicable regulations, restrictions, ordinances and Statutes, the City Planning Commission shall recommend to the Board of Aldermen the approval of the application for a manufactured home park business license to construct or alter a manufactured home park.
b. 
The Board will conduct its public hearing. Upon approval by the Board of the subject applications the manufactured home park may be constructed or altered. After completion of the manufactured home park, or alteration thereof, according to the submitted plans, the Board shall grant the business license. The manufactured home park shall not operate or collect any monies until the approved business license is issued by the City Clerk.
B. 
Application For Renewal Of A Manufactured Home Park Business License. To renew a business license the manufactured home park must be in compliance with Section 415.070 (Minimum Standards for a Manufactured Home Park) and upon completing the application for a renewal of a manufactured home park business license, payment of the annual business license fee and recommendation of the City Planning Commission, the Board of Aldermen shall review the renewal request and may issue a certificate renewing such business license for another year. If a renewal is denied, licensee will be so informed with remedies required for renewal.
C. 
Application For Transfer Of A Manufactured Home Park Business License. Upon filing the application for transfer of manufactured home park business license with the City Clerk, payment of the transfer fee as set by the Board, review and recommendation by the City Planning Commission, the Board of Aldermen shall act on such transfer request. However, all manufactured home parks existing in the City must meet the following criteria to allow a valid transfer of the home park business license:
1. 
Manufactured home park must be located in the "R-3" Multi-Family Residential District. (Section 415.020)
2. 
Manufactured home site plan application and/or Section 415.070, Minimum Standards for a Manufactured Home Park, shall be reviewed by the City Planning Commission and approved by the Board of Aldermen.
3. 
All manufactured homes within the manufactured home park must bear the Seal of the U.S. Department of Housing and Urban Development, or its agent, displayed on the exterior of its structure to evidence compliance with all Federal, State and City Codes.
D. 
Application To Place Or Set Up A Manufactured Home Within A Manufactured Home Park. The application for placement of a structure and a building permit application must be filed and processed before permitting a manufactured home to be placed or set up on a manufactured home space in an approved manufactured home park. (Park trailers and recreational vehicles are considered as seasonal or destination camping living quarters and under City Code do not qualify as residential structures for a manufactured home park.)
[Ord. No. 99-18 §1, 9-7-1999]
A. 
The annual business license fee for a licensed manufactured home park shall be set by the Board of Aldermen, due the first (1st) day of January and delinquent the first (1st) day of February.
B. 
The manufactured home park business license of a delinquent licensee shall become invalid as of the date such business license delinquency occurs, and the licensee must reapply for the reinstatement of subject business license through the application for renewal of a manufactured home park process. The reinstatement fee shall be twice the dollar amount set by the Board for the annual home park business license fee.
C. 
The fee to transfer a license for a manufactured home park shall be set by the Board of Aldermen.
D. 
The fee for the placement/setup of a factory-built home/unit/accessory structure in conjunction with the building permit shall be set by the Board of Aldermen.
[Ord. No. 99-18 §1, 9-7-1999]
A. 
The Board of Aldermen may revoke any license to maintain and operate a manufactured home park when the licensee has been found in violation of any provision of these regulations or other applicable ordinances or Statutes. Whenever inspections by the official indicates such violation, the official designated by the Board of Aldermen shall notify the Board and licensee through a written notice describing the violation. The written notice describing violation(s) will be hand-delivered and also sent by certified mail. Violations must be remedied within forty-eight (48) hours of receipt of the hand-delivered notice.
B. 
If the official designated by the Board of Aldermen receives a written request from the manufactured home park licensee asking for an extension of the forty-eight (48) hour time limit in which to satisfy the violation(s), and the official designated by the Board of Aldermen confirms that the violation is being addressed in good faith, the official designated by the Board of Aldermen may extend the time limit. However, the time limit may not exceed a two (2) week period without expressed consent of the Board of Aldermen.
C. 
After a hand-delivered or certified mail written notice of the violation has been submitted to the licensee by the official designated by the Board of Aldermen, and the violation has not been remedied within the time limit set by the Board, or if it appears that any other violation of law exists, the applicable business license may be revoked by the Board.
D. 
When the Board has reason to believe the violation has been remedied and that the manufactured home park will be maintained and operated in full compliance with the law, such home park business license may be reinstated. The licensee shall pay a fee of fifty dollars ($50.00) for the annual home park business license reinstatement.
[Ord. No. 99-18 §1, 9-7-1999]
A. 
Owner/operator shall be responsible for securing maintenance of all structures and their sites.
B. 
Manufactured home park owner/operator shall have a manager on-site in charge who shall keep a register of all occupants.
C. 
A manufactured home within the park which shall be found by the City to be so damaged, decayed, dilapidated, unsanitary or vermin infested that it creates a nuisance or is a hazard to the health or safety of the occupants or of the public shall be designated as unfit for human habitation. No owner or operator of a factory-built manufactured home park shall permit a manufactured home to remain in the park when the factory-built home has been designated by the City as unfit for human habitation as defined by the City.
D. 
Manufactured home parks sites shall be well-drained, free from trash or litter and maintained in a clean and sanitary condition.
E. 
Manufactured home park owners/operators shall inform park tenants of Chapter 205 (Animal Regulations) of the Carl Junction City Code setting forth guidelines of the City.
F. 
The City shall designate personnel to enforce this Section. They shall have the right and are hereby empowered to enter upon the land of any manufactured home park within the City of Carl Junction for the purposes of carrying out the necessary enforcement actions.
[Ord. No. 99-18 §1, 9-7-1999]
A. 
Manufactured Home Park Applications, Site Requirements And Minimum Design Standards. All applications for a manufactured home park license for construction of a new park or modification of an existing park must be accompanied with a set of preliminary plans, and upon approval, a set of final plans, drawn to scale and completely dimensioned. Such plans must be drawn to a scale of not less than one (1) inch equals fifty (50) feet by a registered professional engineer, professional land use planner or registered land surveyor. Such plans must show the area to be used for the proposed manufactured home park and additional information as required below.
The City Planning Commission may recommend to the Board to impose such reasonable conditions and safeguards on the proposed development as it deems necessary for the protection of adjoining properties and the public interest. Such plans shall be accompanied by the following information:
1. 
Site plan review items.
a. 
Name and address of the owner and operator;
b. 
Address, location and legal description of the manufactured home park;
c. 
Extent of the area and dimensions of the site;
d. 
Size, location and number of manufactured home lots;
e. 
Entrance, exists, driveways and walkways, buffer zones, green space;
f. 
Number, location and detailed floor plans, including elevations, of all service buildings (e.g. laundry or recreational), accessory buildings and other proposed structures (including fencing);
g. 
Number, size and location of automobile parking accommodations;
h. 
Location and size of recreation area including development plan showing type of landscaping, surface treatment, drainage, apparatus and/or special equipment;
i. 
Plan of water system (each manufactured home space must have City water at its manufactured home space (wells for potable water are not permitted);
j. 
Method of sewage disposal (each manufactured home space must have City sewer at the manufactured home space (septic tanks are not permitted);
k. 
Floodplain area and drainage of entire home park plan in place;
l. 
Method of garbage disposal and plan of storage area;
m. 
Lighting plan of outside areas and service outlets;
n. 
Location and type of fire fighting and fire prevention equipment;
o. 
Landscaping shall be shown on the development plan with open/green space and buffer zones shown.
p. 
Owner/operator must comply with performance guarantees and certification of liability insurance as specified in Section 410.095 of the Carl Junction City Code.
q. 
The manufactured home park site must be completed or altered within one (1) year of the initial approval by the Board of the application to construct or alter the manufactured home park. The business license certificate to operate a manufactured home park will not be granted until the manufactured home park is completed and in compliance with all regulations.
B. 
Additional Design Requirements For A Manufactured Home Park.
1. 
Every manufactured home lot shall be of a size and shape which will provide reasonable area for private use and development and for convenient placement of one (1) occupied manufactured home and shall be identified with an individual site number in logical numerical sequence, and so shown on the official plat plan for the manufactured home park.
2. 
In no case shall the area of a manufactured home lot occupied by a manufactured home including awning, carport and other accessory structures or combination thereof exceed forty percent (40%) of the total lot area.
3. 
Manufactured home parks shall comply with the following design requirements:
a. 
Every manufactured home park shall contain a minimum of three (3) acres of land with direct access to public street right-of-way containing a width of at least fifty (50) feet.
b. 
Minimum lot sizes shall be five thousand (5,000) square feet in area with a minimum width of fifty (50) feet and a minimum depth of one hundred (100) feet and be clearly defined. Lots irregular in size and those fronting on a cul-de-sac may be permitted upon application to the City Planning Commission and presentation of a plat thereof.
(1) 
Front yard. Minimum depth of ten (10) feet.
(2) 
Side yard. Minimum of ten (10) feet on each side of the building.
(3) 
Rear yard. Minimum depth of twenty-five (25) feet.
c. 
The perimeter of all manufactured homes must be fully skirted.
d. 
Each manufactured home site shall provide at least one (1) off-street parking space on the lot on which said structure is set up to be used by the resident of said structure or its guest. Such parking spaces shall have an area of not less than two hundred (200) square feet, exclusive of space necessary to provide access to a street.
e. 
Each manufactured home shall be placed in conformance with existing Missouri, Federal and City of Carl Junction Statutes regarding placement and setup;
f. 
The plan boundaries of the manufactured home park shall be a minimum of twenty-five (25) feet from all public right-of-ways and a minimum of twenty-five (25) feet from all other abutting property with appropriate installed buffer zones. (Twenty-five (25) feet does not include buffer zone area.)
g. 
All manufactured home parks, along with each individual manufactured home space, shall be connected to City utilities and in compliance with the current Building Codes of the City of Carl Junction and all applicable State and Federal Statutes or regulations.
h. 
All advertising signs and devices shall be of asphalt or concrete surfacing and shall be adequately lighted at night.
i. 
All access ways within the park shall be of asphalt or concrete surfacing and shall be adequately lighted at night.
j. 
Refuse and garbage handling. Storage, collection and disposal of refuse in the home park shall be in accordance with City Code.
k. 
Gas. Natural gas hookups, when provided, shall be installed in accordance with the Building Codes of the City and the regulations of the gas supplier.
l. 
Electrical. Each manufactured home space shall be provided with an individual electrical outlet supply which shall be installed in accordance with Building Codes of the City and requirements of the electric supplier.
m. 
Sidewalks are encouraged, and if constructed, shall be of asphalt or concrete.
n. 
Construction of an approved manufactured home park shall begin only after the final approval has been given by the Board of Aldermen.
[Ord. No. 99-18 §1, 9-7-1999]
A. 
Procedures For Placement Of An Individual Manufactured Home Outside Of A Manufactured Home Park Along With A Building Permit In The "R-3" Residential District. The application for placement of a structure together with the building permit application must be completed by the applicant and filed with the City Clerk along with the twenty-five dollar ($25.00) filing fee. The application shall be signed by the applicant and land owner (if not the same) with the following information and documents submitted (additional information may be required if deemed necessary by the City Clerk, Superintendent of Public Works or the Building Inspector):
1. 
Name and current address of applicant and lot owner;
2. 
Address and legal description of the private lot within the "R-3" Multi-Family District;
3. 
Plot plan showing proposed location of the manufactured home on the lot including any accessory building with dimensions for each; proposed driveway(s); sewer and water connections (must have City water and City sewer available at lot); existing public utilities; existing and proposed easements; lot drainage and storm water control plans. Said plot plan shall also show the location of buildings on lots immediately contiguous to the proposed lot on which the manufactured home is to be located.
B. 
Restrictions Regarding Manufactured Home In "R-3" Multi-Family Zoning District.
1. 
An individual manufactured home outside of a manufactured home park placed within the "R-3" Residential District must be placed on a City lot with a minimum of eight thousand (8,000) square feet in area, a minimum width of eighty (80) feet and a minimum depth of one hundred (100) feet. Lots irregular in size and those fronting on a cul-de-sac may be permitted, upon application to the City Planning Commission and presentation of a plat thereof.
2. 
Rear yard. Depth of not less than twenty-five (25) feet.
3. 
Side yard. Provide area of not less than ten (10) feet on each side.
4. 
Front yard. A depth of not less than twenty-five (25) feet to the front line of the manufactured home and not less than fifteen (15) feet to the front line of an open porch or paved terrace.
5. 
Park trailers or recreational vehicles are not to be used as residential homes.
To allow the placement of a manufactured home outside of a manufactured home park in the "R-3" Residential District the application for placement of a structure shall be reviewed, approved and signed by the City Clerk, Superintendent of Public Works and the Building Inspector. The building permit shall be signed and approved by the Building Inspector. No placement of a structure is permitted until applicant's request is in full compliance with this Section.
[Ord. No. 99-18 §1, 9-7-1999]
The lawful use of a factory-built unit/home existing at the time of the passage of this Chapter may be continued, although such does not conform with the provisions hereof, and such use may be extended throughout the factory-built unit/home life provided no structural alterations, except those required by law or ordinance, are made therein. If such non-conforming factory-built unit/home is removed, every future use of land shall be in conformity with the provisions of this Chapter.
[Ord. No. 99-18 §1, 9-7-1999]
Every manufactured home park shall be equipped at all times with fire extinguishing equipment in proper working order, of such type, size and number and so located within the park as to satisfy applicable reasonable regulations of the Fire Department. No open fires shall be permitted any place which may endanger life or property. No fires shall be left unattended at any time.
[Ord. No. 99-18 §1, 9-7-1999]
All manufactured homes must be constructed according to the current standards established by the United States Department of Housing and Urban Development for constructing such structures and shall bear a Seal issued by the U.S. Department of Housing and Urban Development as required by Chapter 700, RSMo., and be approved by the City Building Inspector prior to any such structure being set up, either initially or as a replacement manufactured home, in the corporate limits of the City of Carl Junction.
[Ord. No. 99-18 §1, 9-7-1999]
A. 
Permitted Location. Individual modular residential home sites shall be permitted in the "R-2" Residential District. Individual modular homes are subject to the following regulations applicable to height of buildings, minimum dimension of yards and minimum lot area per family.
1. 
Height. No modular home hereafter erected or structurally altered shall exceed three (3) stories or forty-five (45) feet.
2. 
Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet, provided however, that for lots less than one hundred twenty-five (125) feet in depth and of record at the time of passage of this Section, the rear yard requirements shall be reduced to twenty percent (20%) of the depth of such lot.
3. 
Side yard. Any modular home hereafter constructed shall provide for a side yard on each side of the dwelling measuring not less than ten (10) feet. Dwellings on corner lots shall provide the following side yards on the street side of the lot.
a. 
Ten (10) feet on residential and collector streets.
b. 
Fifteen (15) feet on secondary and primary thoroughfares.
4. 
Front yard. Any modular home hereafter constructed shall provide for a front yard, the minimum depth of which shall be at least twenty-five (25) feet to the front line of the building and not less than fifteen (15) feet to the front line of an open porch or paved terrace.
5. 
Lot area per family. Every single-family modular home hereafter erected or structurally altered shall provide a lot area of not less than eight thousand (8,000) square feet per family and every two-family modular home shall provide a lot area of not less than five thousand (5,000) square feet per family.
6. 
Lot width. The minimum lot width shall be eighty (80) feet provided where a lot had less width than herein required at the time of the passage of this Chapter, this regulation shall not prohibit the erection of a modular dwelling.
B. 
Modular Home Construction Standards. The factory-built modular home shall be built according to nationally recognized and accepted construction standards published by the 2008 International Building Code (IBC) and adopted (except where modified) by the City of Carl Junction under Chapter 500, Article I, Building Codes Adopted.
[Ord. No. 13-26 § 2, 6-18-2013]
C. 
Modular Home Application Request For Building Permit Including Lot Plan Information. The application for placement of a structure and a building permit application must be submitted by the applicant to the City Clerk along with the appropriate filing fee. Application must include the following documents or information (additional information may be required if deemed necessary by the City Clerk, Superintendent of Public Works or the Building Inspector).
D. 
Required Documents And Information To Accompany Request For Modular Home Building Permit Application.
1. 
Name and current address of applicant and lot owner;
2. 
Address and legal description of the private lot within the "R-2" Residential District;
3. 
Plot plan showing proposed location of modular home on lot with dimensions; proposed driveway; sewer and water connections (must have City water and City sewer available at lot); existing public utilities; existing and proposed easements; lot drainage and storm water control plans. Said plot plan shall also show the location of buildings on lots immediately contiguous to the proposed lot on which the modular home is to be located.
A building permit will not be issued until the application for placement of a structure with its accompanying information and documents have been approved by the City Clerk, Superintendent of Public Works and the Building Inspector. A careful record of the original copy of all such applications shall be kept in the office of the City Clerk and a duplicate copy shall be kept at the site at all times during placement/setup.
[Ord. No. 99-18 §1, 9-7-1999]
All factory-built homes/units (manufactured or modular) shall be connected to City water and City sewer (this provision prohibits septic tanks and private wells used for potable water); however, no factory-built home/unit (manufactured or modular) shall be connected to City water and sewer until it has been inspected by and received approval from the City Building Inspector as being in compliance with this Chapter and Chapter 700, RSMo.
[Ord. No. 99-18 §1, 9-7-1999]
Any person violating the provisions of the Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by confinement in the County Jail for not more than ninety (90) days, or both such fine and confinement.
[Ord. No. 99-18 §1, 9-7-1999]
If any Section, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as separate, distinct and an independent provision, and such holding shall not affect the validity of the remaining portions hereof.