[HISTORY: Adopted by the City of Rochester 6-6-1995 as Ch. 43 of the 1995 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 275.
[Amended 2-3-2015]
The purpose of this chapter is to establish minimum standards
for the construction in and maintenance of mobile home parks existing
(as of April 22, 2014) in the City of Rochester. The intent of this
chapter is that mobile home parks existing (as of April 22, 2014)
shall provide a healthful, safe, pleasant, and attractive residential
atmosphere for their occupants, while at the same time being compatible
with existing and anticipated future development in the surrounding
areas.
This chapter is adopted by the Rochester City Council in accordance
with the provisions of New Hampshire RSA 47:17.
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate building or structure which is an addition
to or supplements the facilities provided by a mobile home, such as
an awning, cabana, storage structure, carport, porch, fence, skirting,
windbreak, or screened room.
A roofed structure erected for permanent use.
An area or space designed for joint use by residents of a
mobile home park, principally for recreation purposes.
The number of mobile home lots per acre of gross land area
in a mobile home park.
A building for the shelter of automotive vehicles.
The total land area included within the perimeter boundaries
of a mobile home park.
A residential unit providing complete, independent living
facilities for one family, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The total horizontal land area within the boundaries of a
lot, exclusive of any land area designated for street purposes, and
reserved for exclusive use of the occupants of a mobile home.
The line identifying a lot boundary.
Any structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width and 40
body feet or more in length, or when erected on site, is 320 square
feet or more, 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 required utilities, which include plumbing, heating and
electrical heating systems contained therein (in conformance with
the definition in RSA 674:31, as amended).
[Amended 2-3-2015; at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A form of manufactured housing which conforms with the definition
of "manufactured housing" above.
A parcel of land for the placement of a mobile home and for
the exclusive use of its occupants.
Any parcel of land under single or common ownership or control
which contains, or is designed, laid out, or adapted to accommodate,
two or more mobile homes. The term "mobile home park" shall not be
construed to apply to premises used solely for storage or display
of mobile homes.
An approved subdivision of two or more lots designed to be
occupied by mobile homes only and where the lots will be sold rather
than rented or leased.
A private road within the boundaries of a mobile home park
which is owned and maintained by the mobile home park owner, and which
provides vehicular access to mobile home lots.
Any building except a mobile home or a mobile home accessory
building or structure.
A water or sewage system which is owned and operated by a
local government authority or by an established public utility which
is adequately controlled by a governmental authority.
A building located on a mobile home lot which is designed
and used solely for the storage and use of personal equipment and
possessions of the occupants of the mobile home on that lot.
A public highway as defined in RSA 229:1, except a Class
VI or discontinued highway, or a private road within a subdivision
as platted and recorded in the Strafford County Registry of Deeds,
including the full width of the right-of-way.
An unoccupied space open to the sky on a mobile home lot.
A.
Location and access.
(1)
Mobile home parks shall be permitted only within the area defined as an Agricultural Zone by Chapter 275, Zoning, of the City Code.
(2)
Mobile home parks shall be located with access onto a publicly maintained
Class V or better street.
(3)
Since mobile home parks are a relatively intensive form of residential
development, the soil characteristics of a site proposed for mobile
home park development shall be adequate to support that development.
B.
Density. The number of mobile home lots in a mobile home park shall
not exceed 2.9 per acre of gross land area contained within the mobile
home park.
C.
Setbacks.
(1)
The minimum distance between any mobile home and mobile home park
boundary line shall be 50 feet.
(2)
Minimum setbacks on mobile home lots shall be: front yard, 20 feet;
side and rear yards, 15 feet.
(3)
There shall be a minimum of 30 feet clearance between mobile homes
on adjoining lots. No mobile home shall be located closer than 30
feet to any community building within the park.
D.
Screening and landscaping.
(1)
A twenty-foot buffer strip shall be maintained along all public streets
and along all mobile home park boundaries which abut a residential
area. No part of this buffer strip shall be included within the boundaries
of individual mobile home lots or within common areas. Within this
twenty-foot buffer strip, a dense visual screen of shrubs or trees
shall be planted, at least four feet high at the time of planting,
of a type that will form a year-round screen at least six feet high
within three years. Where existing natural growth or topography can
provide the required screening, it may be utilized to fulfill all
or part of this requirement.
(2)
Lawn and ground cover shall be provided where needed to prevent erosion
of slopes and on other areas to obtain usable yards.
E.
Construction.
(1)
The provisions of this chapter and of the building regulations of
the City of Rochester shall apply to all construction, alterations,
repairs and additions to mobile homes and structures within a mobile
home park unless otherwise modified herein.
(2)
The skirting of mobile homes is permitted to achieve better heating,
but skirting shall not provide a harborage for rodents, nor create
a fire hazard. Skirting, cabanas, awnings, porches, or other additions
shall not be attached to a mobile home unless they are approved by
the Director of Building, Zoning, and Licensing Services.[1]
[1]
Editor's Note: Throughout this chapter, references to the
Code Enforcement Department were amended to the Building, Zoning,
and Licensing Services Department 10-15-2013.
(3)
All piping from outside fuel storage tanks or liquefied petroleum
gas cylinders to a mobile home shall be copper or other acceptable
metallic tubing mechanically connected and shall be permanently installed
and securely fastened in place. All liquefied petroleum gas cylinders
shall be securely fastened in place and shall not be located inside
or beneath a mobile home or within five feet of a mobile home exit.
Racks to hold liquefied petroleum gas cylinders shall be of a design
which will prevent tipping or accidental overturning. All oil tanks
shall not be located inside or beneath a mobile home. If a mobile
home is provided with a full basement, fuel storage tanks may be located
within the basement. All outside installed oil tanks shall have a
foundation made of concrete or masonry. Tank foundations shall be
designed to minimize the possibility of uneven settling of the tank
and to minimize corrosion in any part of the tank resting on the foundation.
Oil tanks shall be screened by adequate shrubs or fencing.
(4)
Liquefied petroleum gas for cooking purposes shall not be used on
individual mobile home lots unless the containers are properly connected.
Liquefied petroleum gas cylinders shall be securely fastened in place
and shall be adequately protected from the weather.
(5)
The storage of firewood, coal, coke, other fuels and/or equipment
shall be done in a manner so as not to constitute a fire hazard.
(6)
Only one single-story storage building may be installed on any one
mobile home lot. The maximum size shall not exceed 12 feet by 14 feet
by 10 feet wall height. Roofs shall be either pre-finished metal,
fiberglass, or shingles. The exterior shall be of a permanent building
material. Plans must be approved by the Director of Building, Zoning,
and Licensing Services and a building permit obtained prior to erection
on the mobile home lot.
F.
Board of Health requirements. All mobile home parks shall be located
in areas free from marshes, swamps, stagnant pools, or other potential
breeding places for insects or rodents.
G.
Fire protection.
(1)
The mobile home park area shall be subject to the rules and regulations
of the City of Rochester Fire Department.
(2)
Mobile home park areas shall be kept free of litter, residential
solid waste, and other flammable materials.
[3-5-2019]
(3)
Where a municipal water system is available to a mobile home park,
standard City fire hydrants shall be spaced not more than 500 feet
apart within the boundaries of the park.
[Amended 3-7-2000]
(4)
Fires shall be made only in stoves and other equipment intended for
such purposes. No open fires shall be permitted except in specified
areas approved by the Rochester Fire Department.
(5)
The City of Rochester Fire Department may take whatever additional
measures for adequate fire and safety conditions as it feels are necessary
for each mobile home park.
H.
Refuse disposal.
(1)
The storage, collection, and disposal of refuse in mobile home parks
shall be managed so as to create no health hazards, rodent harborage,
insect breeding areas, accident hazards, or air pollution.
(2)
Racks or holders shall be provided for all refuse containers. Such
container racks or holders shall be so designed as to prevent containers
from being tipped, to minimize spillage and container deterioration,
and to facilitate cleaning around them.
(3)
All garbage and residential solid waste shall be collected at least
once weekly only from a location(s) designated by the Health Officer.
Mobile home park owners shall be responsible for seeing that garbage
and residential solid waste are deposited at the collection location(s).
[3-5-2019]
I.
Pets. No owner or person in charge of a dog, cat, or other pet animal
shall permit it to run at large or to commit any nuisance within the
limits of any mobile home park (pursuant to RSA 466:30-a).
J.
Management.
(1)
Any person responsible for the operation of a mobile home park shall
maintain a current register of all mobile homes located within the
mobile home park and their owners. Such register shall be available
for inspection to/by City officials.
(2)
Said register shall contain pertinent information to properly identify
the mobile home, location, and owners of each mobile home in the mobile
home park, including the dates of arrival and the dates of departure
of any mobile home which has arrived or departed within the past year.
(3)
According to the provisions of RSA 73:16-a, the owner of a mobile
home park shall be responsible for filing with the City Assessor's
office an inventory (description) of all mobile homes which locate
in a park within 15 days of their arrival. Also under the provisions
of RSA 73:16-a, the owner of a mobile home park may be held responsible
for the payment of taxes due on individual mobile homes located within
the park which have not been paid by their owners.
(4)
The management of a mobile home park shall assume responsibility
for maintaining in good repair all buildings, streets, walks, sanitary
facilities and utilities within the park and shall take such action
as is necessary to eject from the grounds any person who willfully
or maliciously fails to comply with these and other applicable regulations.
[Amended 2-3-2015; 3-5-2019]
During the development of any mobile home park, that portion
of said park which is used, occupied, and/or made available for use
and occupation of mobile homes shall be subject to these standards,
and to the applicable standards of the New Hampshire Department of
Environmental Services and the Sanitary Laws and Regulations of the
New Hampshire Division of Public Health Services.
A.
Mobile home lots.
B.
Park roads.
(1)
Mobile home park roads shall provide safe and convenient vehicular
access from abutting public streets to all mobile home lots and community
facilities. Driveway access to all mobile home lots shall be only
from park roads, with no driveway access permitted directly from City
streets.
(2)
Roads shall be adapted to topography, shall have suitable alignment
and gradient for traffic safety, and shall have a properly designed
storm drainage system. Except as herein modified, the design standards
for minor streets in the Agricultural Zone contained in the Rochester
Subdivision Regulations shall apply to the design of mobile home park
roads.
(3)
Roads shall have a minimum right-of-way width of 40 feet and a minimum
paved width of 22 feet. Roadway pavement shall be in accordance with
the standards for minor streets in the Agricultural Zone contained
in the Rochester Subdivision Regulations.
(4)
Road systems shall be developed with consideration given to the reasonable
movement and placement of mobile homes on individual lots.
(5)
All mobile home parks shall be graded to ensure proper drainage.
The drainage system shall take into consideration not only proper
channelizing of stormwater within the mobile home park but minimization
of adverse effects on surrounding property and public streets.
C.
Parking.
(1)
Two off-street parking spaces shall be provided for each mobile home
lot. Each parking space shall be paved and graded to provide drainage
away from the mobile home in conformance with the overall drainage
plan for the mobile home park.
(2)
Each off-street parking space shall have a minimum width of nine
feet and a minimum length of 18 feet.
D.
Common area.
(1)
At least 7% of the gross land area in a mobile home park shall be
reserved as a common area for recreation and other open space purposes.
(2)
Each mobile home park shall provide at least one common area restricted
to the use and enjoyment of the residents of the park. No single common
area shall contain less than 15,000 square feet. Where more than one
area is provided, the areas shall be spaced and located in the mobile
home park in such a manner that will provide maximum usefulness for
park residents.
(3)
All equipment contained in recreational areas within common areas
shall be kept in good repair. Common areas shall be kept free of all
debris.
(4)
The land included within common areas shall be of such character
that it is capable of supporting recreational use and shall not include
land with poor drainage, excessive slope, or land which is subject
to flooding.
(5)
Common areas shall be separated from park roadways, City streets,
and parking spaces by an adequate fence.
E.
Water supply.
(1)
A water supply meeting current New Hampshire Department of Environmental
Services drinking water standards shall be provided to each mobile
home lot in a mobile home park.
(2)
The design and construction (including materials) of the water supply
system, whether public or private, for a mobile home park shall comply
with the New Hampshire Department of Environmental Services Design
Standards for Small Public Water Systems and with all requirements
and regulations of the City of Rochester.
(3)
Where a public water system exists within 200 feet of any boundary
of a mobile home park, all lots within the park shall be connected
to the public system, unless such connection is specifically denied
by the City. Where a public water system is not available, any other
source of water must be approved by the New Hampshire Department of
Environmental Services.
(4)
All water piping shall be constructed and maintained in accordance
with state and local law; the water piping system shall not be connected
with nonpotable or questionable water supplies.
(5)
Individual water service connections which are provided for direct
use by mobile homes shall be so constructed that they will not be
damaged by the parking of mobile homes.
(6)
A mobile home park water system shall be adequate to provide 20 pounds
per square inch of pressure at all mobile home lots.
F.
Sewage disposal.
(1)
Where a public sewage system exists within 200 feet of any boundary
of a mobile home park, all lots within the park shall be connected
to the public system, unless such connection is specifically denied
by the City.
(2)
Where a public sewage system is not available, the sewage disposal
system for all mobile home lots in the mobile home park shall be approved
by the New Hampshire Department of Environmental Services.
(3)
Each mobile home shall be provided with sewer connections which comply
with all statutory requirements and regulations of the State of New
Hampshire and appropriate agencies of the State of New Hampshire and
the City of Rochester.
(4)
The design and construction (including materials) of the sewage disposal
system, whether public or private, for a mobile home park shall comply
with all statutory requirements and regulations of the New Hampshire
Department of Environmental Services and the City of Rochester.
G.
Electricity.
(1)
A secured electrical outlet supplying 220 volts shall be provided
for each mobile home lot. This installation shall comply with all
applicable state and local electrical codes and ordinances. Such electrical
outlets shall be weatherproof.
(2)
All power lines within a mobile home park shall be underground and
shall be laid with sufficient cover to prevent damage from traffic.
H.
Telephone system. Where telephone service to mobile home lots is
provided, the distribution system shall be underground and shall be
in general conformance with the placement of the electrical distribution
system.
I.
Cable television system. Where cable television service to mobile
home lots is provided, the distribution system shall be underground
and shall be in general conformance with the placement of the electrical
system.
[1]
Editor's Note: Former § 135-6, Application for approval,
was repealed 5-4-2021.
A.
General provisions.
(1)
It shall be unlawful for any person to operate or maintain a mobile
home park within the limits of the City of Rochester unless he/she
holds a valid license issued by the Director of Building, Zoning,
and Licensing Services in the name of such person for the specific
mobile home park.
(2)
Licenses shall be issued annually, and each license shall be in effect
for a period of one year beginning January 1 of each year.
(3)
An application for an initial mobile home park license shall be filed
with the Director of the Building, Zoning, and Licensing Services
Department. The application shall be in writing, signed by the applicant,
and shall include the following:
(a)
The name and address of the person making the application.
(b)
The location and legal description of the mobile home park.
(c)
Plans and specifications of all improvements, buildings, streets,
recreational areas, walks, sewer, water, and other facilities constructed
or to be constructed within the park.
(d)
The area and dimensions of the tract of land whereon the park
is located.
(e)
Written approval of the following City of Rochester officials
indicating that the mobile home park complies with the requirements
of this chapter:
(f)
Such further information as may be requested by the Director
of the Building, Zoning, and Licensing Services Department to enable
him/her to determine if the park complies with the provisions of this
chapter and all other applicable legal requirements.
(4)
The application and five copies of all accompanying plans and specifications
shall be filed with the Director of the Building, Zoning, and Licensing
Services Department; two of said copies shall be filed with the Planning
Office.
B.
Issuance of license.
(1)
The Director of the Building, Zoning, and Licensing Services Department
shall inspect the application and plans and specifications.
(2)
If the mobile home park is in compliance with all of the provisions
of this chapter and all other applicable ordinances, statutes, and
regulations, the Director of the Building, Zoning, and Licensing Services
Department shall approve the application; provided, however, that
if the Director of the Building, Zoning, and Licensing Services Department
does not act to approve or deny within 90 days of receipt of the application,
the application shall be automatically approved.
C.
Renewal of license.
(1)
Application for the renewal of a license shall be made in writing
on or before the first day of November of each year to the Director
of the Building, Zoning, and Licensing Services Department by the
holder of the license and shall contain the following:
(a)
Any change in the information submitted since the time the original
license was issued or the latest renewal granted.
(b)
Copies of as-built plans for any and all sections of a mobile
home park developed during the year in which application for renewal
is made.
(c)
Such other information as the Director of the Building, Zoning,
and Licensing Services Department may require.
(2)
All mobile home parks in existence upon the effective date of this
chapter shall within six months thereafter comply with the requirements
of this chapter, except that the Director of the Building, Zoning,
and Licensing Services Department, upon application of a park operator,
may waive such requirements that require prohibitive reconstruction
costs if such waiver does not alter the health and sanitation requirements
herein provided.
(3)
At his/her discretion, the Director of the Building, Zoning, and
Licensing Services Department may issue a conditional license renewal,
subject to the license holder complying with certain conditions as
determined by the Director of the Building, Zoning, and Licensing
Services Department. In such a case, the Director of the Building,
Zoning, and Licensing Services Department shall list the specific
conditions upon which the renewal is based and set a time for compliance
with these conditions. Costs associated with enforcement of owner
compliance with said specific conditions requiring correction shall
be assessed by the Director of the Building, Zoning, and Licensing
Services Department. If not in compliance, twenty-five dollars ($25.)
per inspection shall be assessed; said charge shall be in addition
to any other penalty.
(4)
If the Director of the Building, Zoning, and Licensing Services Department
does not act on an application for the renewal of a license by December
31, it shall automatically be approved.
(5)
Not more than four annual license renewals shall be issued for an
approved mobile home park in which no substantial development has
taken place.
D.
Responsibility of the license holder.
(1)
The license certificate shall be conspicuously posted in the office
of, or on the premises of, the mobile home park at all times.
(2)
A license shall be transferable after the holder of a valid license
gives notice in writing to the Director of the Building, Zoning, and
Licensing Services Department 15 days prior to any proposed sale,
transfer, gift, or other disposition of interest or control of any
mobile home park. Such notice shall include the name and address of
the person succeeding to the ownership or control of such mobile home
park.
A.
Enforcement. Upon determination by the Director of the Building,
Zoning, and Licensing Services Department that a violation of this
chapter has occurred, he/she shall initiate enforcement procedures.
If necessary, the Director of the Building, Zoning, and Licensing
Services Department shall refer the matter to the City Solicitor for
appropriate legal action.
B.
Inspection. The Director of the Building, Zoning, and Licensing Services
Department, Police Chief, Health Officer, Fire Chief, Commissioner
of Public Works, the Zoning Administrator, and other agents of the
City as certified by the City Manager are hereby authorized to make
periodic and reasonable inspections to determine the condition of
mobile home parks within the City of Rochester and to determine if
the requirements of this chapter are being observed.
[Amended 3-5-2019]
C.
Violations and penalties; revocation of license.
(1)
A violation of, or violation from, the terms and conditions of this
chapter and/or the conditions of the license to operate or maintain
a mobile home park by the holder thereof or his/her agent shall be
cause for the revocation of said license. Such revocation shall be
made at the discretion of the Director of the Building, Zoning, and
Licensing Services Department.
(2)
After revocation of the license has been ordered by the Director
of the Building, Zoning, and Licensing Services Department, additional
violations shall result in a fine not exceeding one thousand dollars
($1,000.) in accordance with the provisions of RSA 47:17. This provision
shall be in effect even should an appeal be taken from the Director's
revocation order.
[Amended 3-5-2019]
D.
Appeals.
(1)
Any party whose application for approval of a mobile home park plan
has been denied may appeal the decision of the Planning Board to the
Superior Court in accordance with the provisions of RSA 677:15.
(2)
Any party whose application for a license has been denied or whose
license has been revoked may appeal the decision of the Director of
the Building, Zoning, and Licensing Services Department to the Zoning
Board of Adjustment in accordance with the provisions of RSA 674:33.
E.
Conflict with other ordinances. In any case where a portion of this
chapter is found to be in conflict with the provisions of any zoning,
building, fire, safety, or health ordinance or code of the State of
New Hampshire or City of Rochester existing on the effective date
of this chapter, the provisions which, in the judgment of the Planning
Board, establish the higher standard for the promotion and protection
of the health and safety of the people shall prevail.
F.
Saving clause. If any section, subsection, paragraph, sentence, clause
or phrase of this chapter should be declared invalid for any reason
whatsoever, such decision shall not affect the remaining portions
of this chapter, which shall remain in full force and effect, and
to this end the provisions of this chapter are hereby declared to
be severable.
