[Ord. No. 336 §28, 6-10-1996]
For the purposes of this Article, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
DRIVE
A right-of-way which affords principal means of vehicular
access to or through a mobile home or trailer park and which is owned
and maintained by the owner or operator of the park.
FACTORY-BUILT COMMERCIAL BUILDING
A structure constructed of factory-assembled parts that are
transported to the building site, assembled at the building site and
permanently attached to a foundation meeting the requirements of the
City's building codes to be used for public or commercial purposes.
FACTORY-BUILT HOUSING
A structure constructed of factory-assembled parts that are
transported to the building site, assembled at the building site and
permanently attached to a foundation meeting the requirements of the
City's building codes.
MOBILE HOME
A factory-constructed residential unit in one (1) or more
sections for towing to the point of use and designed to be used without
a permanent foundation as a single-family dwelling unit on a year-round
basis.
MOBILE HOME, DOUBLE-WIDE
A mobile home having been built in two (2) sections at the
factory, which two (2) sections are transported over the road separately,
with assembly into one (1) structure of a width of not less than twenty
(20) feet occurring at the destination.
MOBILE HOME PARK
A tract of land containing suitable drives, utilities and
other supporting elements and devoted to the sole purpose of accommodating
mobile homes on a permanent or semi-permanent basis.
MOBILE HOME, SINGLE-WIDE
A mobile home being of a width of not more than fourteen
(14) feet measured between the permanent sidewalk thereto.
MOBILE HOME SPACE
That area of land within a mobile home park set aside for
use as a site for one (1) mobile home, including the open spaces around
such mobile home, as are required in this Article.
MOBILE OR MODULAR HOME SUBDIVISION
An area of land containing not less than thirty (30) lots
and the public streets necessary to serve such lots, the purpose of
which is to convey in feet the individual lots for the location of
mobile homes or modular homes in a permanent fashion.
STREET
A right-of-way gilt-of-way which affords principal means
of vehicular access to or through a mobile home or trailer park and
which is held in fee by the public or a governmental unit thereof.
TRAILER
A vehicle equipped with wheels and normally towed over the
road behind an automobile or light truck.
TRAILER, ADVERTISING
A trailer carrying or having attached thereto a sign, billboard
or other media for advertising purposes, such advertising being the
prime purpose and use of the trailer.
TRAILER, CAMPING
A trailer equipped with an enclosure for sleeping, while
on vacation or other trips of short duration. Such camping trailers
may also contain cooking, bath and sanitary equipment. Size and furnishing
of such camping trailers may vary widely, but in no case shall they
be considered structures for residential use of a temporary or permanent
nature for purposes of this Article.
TRAILER, HAULING
A trailer designed and normally used for over the road transportation
of belongings, equipment, merchandise, livestock and other objects,
but not equipped for human habitation.
TRAILER PARK
A tract of land containing sites for the overnight or short-term
parking of camping trailers and other camping vehicles.
[Ord. No. 336 §29, 6-10-1996]
A. Within the City a single-wide mobile home may be permitted only in an approved mobile home park. A double-wide mobile home or factory-built housing may be permitted in an approved mobile park or on a lot which complies with all zoning and subdivision ordinances of the City, provided that, in the case of a double-wide mobile home, the owner attaches the mobile home to a permanent foundation complying with the City's building codes and destroys or modifies the vehicular frame rendering it impractical to reconvert the real property thus created to a mobile home and the double-wide mobile home meets the requirements of Section
405.320.
B. A mobile
home may also be permitted for the purposes of temporary relief from
a local disaster, such as fire, wind or flood damage, provided such
mobile home shall be removed from the premises within one (1) year
of its original placement; provided further, upon application to the
Building Official and for good cause shown, the one (1) year period
may be extended an additional thirty (30) days.
C. It
shall be unlawful to park or locate any type of mobile home on any
public street, road, highway or alley or on any lot containing a residential
or business structure, except when in complete conformity with ordinances
of the City.
D. Factory-built commercial buildings may be used for commercial or public uses in the zoning districts of this City, provided that they meet the requirements of Section
405.320 of this Article.
[Ord. No. 336 §30, 6-10-1996]
A. Camping
trailers may be parked in a campground or trailer park, provided such
camp area is in conformance with the zoning ordinances of the City.
No such camping trailer shall be used for permanent or semi-permanent
residential purposes.
B. Nothing
in this Article shall prohibit the use of tents, pickup campers and
other such equipment from also utilizing an approved campground or
camper park.
C. Camping
trailers may also be stored, on the basis of one (1) per family, in
private garages or in the side or rear yard of private homes, business
or industrial areas; provided, no such trailer shall be used for residential
purposes.
D. Advertising
trailers may be permitted only on property zoned Districts "C-2" to
"M-2" inclusive and such trailers shall be off the public street and
conform to the setback height and area regulations for other signs
in that district.
[Ord. No. 336 §31, 6-10-1996]
One (1) or more mobile homes or trailers may be used as a temporary
office or other non-residential structure on the site of a construction
project, provided such structure is removed upon completion of the
project. Mobile structures may be used also as temporary classroom
facilities in connection with public schools or private schools with
equivalent curriculum. A mobile home or trailer may be used as a temporary
commercial structure on land already zoned for the commercial purpose
the structure will be used for, provided that such use may be only
for a period of sixty (60) days or less and provided that the structure
is removed on or before that period ends and provided that such structure
is not placed back on the same property for at least one hundred eighty
(180) days.
[Ord. No. 336 §32, 6-10-1996]
A. Minimum Park Size. No mobile home park shall have a site
smaller than will accommodate sixty (60) mobile homes or comprising
less than ten (10) acres.
B. Minimum Space Size. Each mobile home space shall have dimensions
of at least forty-five (45) feet in width and ninety (90) feet in
depth.
C. Stands And Skirts. Each mobile home space shall contain
a Portland cement or asphaltic concrete slab upon which the mobile
home will be situated and each home shall be equipped with skirts
on all sides, such skirts to be of material harmonious to the mobile
home structure.
D. Streets And Drives. All public streets within the park shall
be improved to City standards for residential streets. All private
drives shall be not less than twenty-two (22) feet in width and be
surfaced with at least six (6) inches of Portland cement or six (6)
inches of compacted stone base with two (2) inches of hot mix bituminous
concrete as the surface course.
E. Parking. At least two (2) parking spaces for each mobile
home shall be provided within sixty (60) feet of the mobile home.
Such parking spaces shall be off the public street or private drive,
shall be not less than nine (9) feet by twenty (20) feet in size and
shall be surfaced to at least the standard set out above for drives.
F. Park And Playground Space. Park and playground space shall
be provided for occupants of the mobile home park on the basis of
three hundred (300) square feet for each space in the park. Such playground
space shall be separate and aside from the open space provided on
each mobile home space and shall be equipped and maintained for the
use of the residents of the park.
G. Open Space. Each mobile home shall be located on the mobile
home space so that no part of one (1) mobile home structure, including
canopies, awnings, carports and other protrusions, is closer than
twelve (12) feet to another mobile home or to the edge of the surface
of a drive. No mobile home shall be located closer than thirty (30)
feet to the boundary line of the mobile home park or to a public street.
H. Utilities. All liquid waste shall be disposed of through
a sanitary sewerage system and treatment facility, the plans of which
shall be approved by the City Engineer prior to construction. All
solid wastes shall be disposed of by accumulation in tight containers
and removed at regular intervals by methods to be approved by the
City Engineer. All power and telephone lines shall be underground
and shall be in compliance with standards of the utility corporation
involved. All water supply and distribution shall be approved by the
City Engineer prior to construction. The site of the park shall be
graded so that surface water will not accumulate, but will run off
in a manner that will not adversely affect the residential character
of the park or adjacent property. The proposed drainage systems shall
be approved by the City Engineer prior to construction of streets
or other portions of the park.
[Ord. No. 336 §33, 6-10-1996]
A. Construction
of a mobile home park within the zoning jurisdiction of the City shall
begin only after a special use permit has been granted by the Board
of Aldermen in compliance with the zoning ordinance. No such permit
shall be granted, however, until a preliminary development plan for
the proposed mobile home park has been prepared and submitted by the
developer to the Planning Commission and found satisfactory by such
Commission and further submitted to the Board of Aldermen with a recommendation
for approval.
B. Such
plan shall be accurately drawn at a scale acceptable to the City Engineer
and shall show the following:
1. Proposed street and drive pattern;
2. Proposed mobile home spaces and their approximate dimensions;
3. Any existing streets in or abutting the property;
4. Location and size of parking spaces;
5. Location and size of park and playground area;
6. Screening and landscaping;
7. Legal description of the tract;
8. Name of the developer and the firm preparing the plan;
9. North point, scale and date.
C. The
Planning Commission shall, upon submission of three (3) copies of
the plan and an application for a special use permit, publish notice
and hold a hearing on the proposal in conformance with the zoning
ordinance. The decision of the Commission to recommend approval or
denial of the proposed mobile home park shall be based upon the following
criteria:
1. The proposed project will be in harmony, in general, with the Comprehensive
Plan of the City;
2. Safe and efficient ingress and egress of vehicular and pedestrian
traffic and an adequate level of utility and other services is assured;
3. A safe and healthful living environment will exist for the occupants
of the park.
D. Upon
hearing and consideration of the project, the Planning Commission
shall, within reasonable time, submit its recommendation and an endorsed
copy of the plans to the Board of Aldermen for final action.
E. After
twenty-four (24) months from the date of approval of a special use
permit by the Board of Aldermen, if the mobile home park is not improved
in accordance with the plans to the extent that utilities, surfaced
drives and occupied mobile home spaces exist over at least twenty
percent (20%) of the area of the approved park, the special use permit
shall expire and further development and additional occupancy of the
park shall be prohibited. All mobile homes shall be removed within
six (6) months from the date of the expiration of a special use permit.
The owner or his/her agent may apply for a new special use permit
in the case of expiration or cancellation under procedures set out
in the zoning ordinance.
[Ord. No. 336 §34, 6-10-1996]
Upon a finding by the Board of Aldermen of a shortage of housing in the City, the Board of Aldermen may issue a temporary permit for a mobile home park for a period not to exceed three (3) years. During the period of any such temporary permit the Board of Aldermen may waive any of the minimum standards for mobile home parks contained in Section
405.250. The provisions of Section
405.260 for a special use permit for the construction of a permanent mobile home park shall not apply to a temporary permit issued under this Section.
[Ord. No. 336 §35, 6-10-1996]
A subdivision for the purpose of selling individual lots in
fee for the purpose of mobile home sites may be permitted. Only double-wide
or larger mobile homes or modular homes or customary single-family
dwellings shall be permitted in a mobile home subdivision. Such structures
shall be located in compliance with the yard and lot area requirements
of districts defined as "R-1" and shall be attached to a permanent
concrete foundation or slab. Off-street parking spaces shall be provided
in compliance with the zoning ordinance.
[Ord. No. 336 §36, 6-10-1996]
No mobile home shall be permitted to be moved into the City,
except for the purposes of sale by a licensed dealer, until a building
permit has been issued for its location in a specified mobile home
park, mobile home subdivision or other approved location in compliance
with all ordinances of this City. In addition to compliance with ordinances
of this City, the mobile home shall comply with the minimum standards
of the Standards for Mobile Homes published by the American National
Standards Institute, Publication No. A-119-1, including any revisions
and supplemented reports relative to the same. Compliance with these
standards shall be shown by an approval report prepared by Underwriters'
Laboratories or other inspection agency referring to the particular
type and model of mobile home for which a permit is requested. If
a code compliance report is unavailable, the City Engineer may, at
his/her discretion, inspect the structure prior to its transportation
into the zoning jurisdiction and determine whether it complies with
the standards. If all standards, codes and ordinances are complied,
the applicant shall be issued a building permit and the mobile home
shall be established in accordance therewith within six (6) months
or the permit shall become invalid.
[Ord. No. 336 §37, 6-10-1996]
Each mobile home park or subdivision shall be operated in a
sanitary, orderly and efficient manner and shall maintain a neat appearance
at all times. No damaged or deteriorated mobile homes shall be permitted
to remain and suitable and effective rules for regulating the outside
storage of equipment, the removal of wheels and installation of skirtings
and anchors, the collection of trash and garbage and the attachment
of appurtenances to the mobile homes shall be continually enforced.
All drives, playground area and equipment, lawn and trees and any
recreation or accessory buildings shall be maintained at a level at
least equal to the average residential neighborhood in the City. All
portions of the mobile home park shall be open and accessible to fire,
Police and other emergency and protective vehicles and personnel,
including City, County and State inspectors.
[Ord. No. 336 §38, 6-10-1996]
The owner or operator of the mobile home park shall be responsible
for the conformance to all plans, codes and ordinances and any conditions
set out in the special use permit and any deviation or non-performance
or the occurrence of any nuisance or unhealthful or insanitary condition
or the termination of a park operation for one (1) year or more shall
constitute grounds for the cancellation of a special use permit. In
addition, the City shall have all remedial and corrective powers conveyed
by Statutes of the State.
[Ord. No. 336 §39, 6-10-1996]
A. Double-wide
mobile homes and factory-built housing may be placed on permanent
foundations which comply with the City's building codes in any property
zoned in the City which permits single-family dwellings provided that
such structure is determined to be compatible with the surrounding
area prior to the submittal of an application for a building permit.
B. If
a zoning district in the City permits a commercial or public building
for a certain use or uses, said building may be a factory-built commercial
building, provided that such building shall be placed on a permanent
foundation which complies with the City's building codes and provided
that such building is determined to be compatible with the surrounding
area prior to the submittal of an application for a building permit.
C. Request For Compatibility Approval.
1. Determination process.
a. A person requesting that the placement of a double-wide mobile home,
factory-built housing or a factory-built commercial building be determined
to be compatible with the surrounding area must submit his/her request
to the Building Official together with plans, specification and photographs
or a manufacturer's brochure depicting the exact proposed double-wide
mobile home, factory-built housing or factory-built commercial building;
the standard rezoning fee and the names and addresses of and legal
descriptions of property owned by the real property owners within
an area determined by lines draw parallel to and three hundred (300)
feet distant from the lot on which the proposed structure will be
placed, the "surrounding area".
b. Within thirty (30) days of the application's filing, the Planning
and Zoning Commission shall hold a public hearing at which time the
application shall be evaluated against the criteria set out in this
Section. At least fifteen (15) days' notice of the time and place
of such hearing shall be published in a paper of general circulation
in the City and the applicant shall notify the owners listed in (a)
above by certified mail, return receipt requested.
c. The Planning and Zoning Commission shall recommend, not recommend
or recommend with conditions a determination that the proposed use
is compatible with the surrounding area to the Board of Aldermen,
which shall then determine if the proposed use is compatible with
the surrounding area.
2. Criteria for compatibility with surrounding area. All requests must be evaluated against the following criteria. For
purposes of this Subsection only, "the area" or "the surrounding area" shall mean an area determined by
lines drawn parallel to and three hundred (300) feet distant from
the lot on which the proposed building will be placed and "the building" shall mean the proposed double-wide mobile
home or factory-built housing:
a. The building shall be occupied only as permitted under the uses allowed
for the zoning district the building is placed in.
b. The building shall conform to all zoning regulations applicable to
its location.
c. The building must be at least twenty-six (26) feet wide.
d. The exterior material of the building shall be similar to that customarily
used in the residential structures in the area and shall extend to
at least the top of the foundation supporting the building.
e. The roofing material shall be composition shingle or other materials
customarily used on residential structures in the area. The roofing
material used shall conform to the manufacturer's specifications relative
to installation and roof slopes.
f. The roof of the building shall have a pitch of not less than four
(4) inches of vertical rise for each twelve (12) inches of horizontal
run.
g. The roof shall have eave overhangs of not less than twelve (12) inches
and gable overhangs of not less than eighteen (18) inches measured
from the vertical side of the building, excluding guttering or what
is customarily found on residential structures in the area if eave
overhangs in the area are more than twelve (12) inches and gable overhangs
in the area are more than eighteen (18) inches.
h. The finished floor of the building shall not exceed thirty (30) inches
above the exterior finish grade of the lot.
i. The facade of the building which fronts on a street shall be designed
with sufficient detail to make it visually compatible with the exterior
finish grade of the lot.