The following words, terms and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning:
HUD-code manufactured home.
A structure constructed on or after June 15, 1976, according
to the rules of the United States Department of Housing and Urban
Development, transportable in one or more sections, which, in the
traveling mode, is eight body feet or more in width or 40 body feet
or more in length, or, when erected on site, is 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. The term does not include a recreational vehicle
as that term is defined by 24 C.F.R. section 3282.8(g).
Lot.
A manufactured home and/or recreational vehicle lot, as applicable.
Manufactured home.
HUD-code manufactured home as herein defined. It is specifically
understood that when the term is used herein, such term shall mean
and refer to only HUD-code manufactured homes and not to mobile homes.
Manufactured home and/or recreational vehicle lot.
A plot of ground within a manufactured home and/or recreational
vehicle park designed for the accommodation of one (1) manufactured
home and/or recreational vehicle. The term “plot of ground”
is intended to include any lot, parcel or tract of land or contiguous
or adjoining lots, parcels or tracts of land regardless of the size
of the plot of ground and regardless of whether or not the plot of
ground has been divided into lots, blocks, spaces or other similar
designations.
Manufactured home and/or recreational vehicle park.
Any plot of ground upon which four (4) or more manufactured
homes and/or recreational vehicles are located, regardless of whether
or not a charge is made for such accommodations and regardless of
whether or not the lots are leased, rented, sold or otherwise occupied.
The term “plot of ground” is intended to include any lot,
parcel or tract of land or contiguous or adjoining lots, parcels or
tracts of land owned by the same person or owned by any persons related
to each other within the second degree of affinity or consanguinity,
regardless of the size of the plot of ground and regardless of whether
or not the plot of ground has been divided into lots, blocks, spaces
or other similar designations.
Mobile home.
A structure that was constructed before June 15, 1976, transportable
in one or more sections, which, in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length, or, when
erected on site, is 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.
Natural or artificial barrier.
Any river, pond, canal, railroad, levee, embankment, fence
or hedge to be six feet in height and 100 percent obstructed view.
Park.
When used as a noun, means a manufactured home and/or recreational
vehicle park.
Recreational vehicle.
A vehicle which is:
(1)
Built on a single chassis;
(2)
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
(3)
Self-propelled or permanently towable by a light duty truck;
and
(4)
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use. The term also includes a travel trailer as defined herein. Skirt
means of concealment from view of the undercarriage on all sides of
a manufactured home or recreational vehicle.
Tiedowns.
Securing of manufactured home or recreational vehicle with
hurricane anchors.
Travel trailer.
A vehicular portable structure, primarily designed for a
temporary or short-term occupancy for travel, recreation or vacation
use and which may be so used, whether or not actually occupied. Such
vehicle includes vacation travel trailers, pickup campers, buses,
tent-trailers and similar devices used for portable housing on wheels.
(Ordinance 571-08, ex. A, sec. 1-1,
adopted 11/10/08)
(a) The
city shall have the power to administer and enforce the provisions
of this article as may be required by governing law. Any person violating
any provision of this article is subject to suit for injunctive relief
as well as prosecution for criminal violations. Any violation of this
article is hereby declared to be a nuisance.
(b) Any
person violating any provision of this article shall, upon conviction,
be fined a sum not exceeding five hundred dollars ($500.00), except
that the fine for the violation of any provision of this article governing
fire safety or public health and sanitation may not exceed two thousand
dollars ($2,000.00). Each day that a provision of this article is
violated shall constitute a separate offense. An offense under this
article is a misdemeanor.
(c) Nothing
in this article shall be construed as a waiver of the city’s
right to bring a civil action to enforce the provisions of this article
and to seek remedies as allowed by law, including, but not limited
to the following:
(1) Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article; and
(2) A civil penalty up to one thousand dollars ($1,000.00) a day, when
it is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and other available relief.
In the event work is not being performed in accordance with
this article, the city may issue a stop work order and all work shall
immediately cease. No further work shall be undertaken on the project
as long as a stop work order is in effect.
(Ordinance 571-08, ex. A, sec. 5-1,
adopted 11/10/08)
The enforcement of this article shall be by the city’s
police department, fire marshal and building official, or other official
designated by the city manager, with primary responsibility vested
in the building official.
(Ordinance 571-08, ex. A, sec. 1-2,
adopted 11/10/08)
The installation of mobile homes for use or occupancy as a residential
dwelling in the city is prohibited. This provision is prospective
and shall not apply to any mobile homes used and occupied as residential
dwellings in the city on the effective date of this article. Mobile
homes used and occupied as residential dwellings on the effective
date of this article shall be deemed to be a lawful nonconforming
use, and such use may continue until discontinued, abandoned, or terminated
as provided herein. If the nonconforming mobile home use is abandoned
or discontinued for a period of ninety (90) or more days, any future
use of the structure and land or portion thereof shall conform with
the provisions of this article. If a nonconforming mobile home is
not occupied for a period of ninety (90) or more days, said use is
deemed to be abandoned by operation of law. If a nonconforming mobile
home is destroyed or damaged to an extent greater than fifty (50)
percent of its fair market value by fire, explosion, act of God, or
other cause, then any future use of the structure and land on which
the mobile home was situated shall conform to the provisions of this
article. A nonconforming mobile home use shall not be enlarged, extended
or expanded into any other portion of the land on which the nonconforming
mobile home is situated. Nothing in this section is intended to prohibit
normal repairs and maintenance of a nonconforming mobile home. If
a nonconforming mobile home is removed from the parcel of land on
which it is situated, any future use of the structure and land on
which the mobile home was situated shall conform to the provisions
of this article.
(Ordinance 571-08, ex. A, sec. 1-3,
adopted 11/10/08)
It shall be the duty of the building official and fire marshal
to make an inspection of each manufactured home at the time that such
manufactured home is placed for occupancy in the city and thereafter
only as may be necessary for the public health, safety and welfare
and the building official shall issue a permit for the placement of
the manufactured home at that time. To the extent allowed by applicable
law, the fees for such initial inspection shall be the same as are
being charged for water, sewer, gas and electrical inspection of conventional
homes.
(Ordinance 571-08, ex. A, sec. 1-4,
adopted 11/10/08)
All manufactured homes must have adequate tiedowns in accordance
with applicable federal and state laws and regulations.
(Ordinance 571-08, ex. A, sec. 1-5,
adopted 11/10/08)
It shall be unlawful for any person to place or install any
recreational vehicle in any place or location in the city other than
a duly licensed and lawful manufactured home park or recreational
vehicle park, notwithstanding the other provisions of this section,
a recreational vehicle may be placed in the driveway of a home for
no more than seven (7) days in a thirty-day period for temporary use;
however, the city manager or his designate may authorize, in writing,
the placement of a recreational vehicle in the driveway of a home
for an additional period, including the placement of a recreational
vehicle on the site of the construction of a home by the owner for
security purposes for a period not to exceed the permit period for
a new home.
(Ordinance 647-11 adopted 3/28/11)
Any manufactured home in use on the effective date of this article,
and not complying with all applicable provisions of this article shall
be considered a nonconforming manufactured home. Nonconforming manufactured
homes shall, however, comply with the codes and regulations in existence
immediately prior to the adoption of this article, and said codes
and regulations shall remain in effect for the purpose of regulating
said nonconforming manufactured homes until said nonconforming manufactured
homes cease to be located in the city limits or said use is otherwise
abandoned.
(Ordinance 571-08, ex. A, sec. 1-7,
adopted 11/10/08)
It shall be unlawful for any person to park any manufactured
home or recreational vehicle on any street in the city in which such
parking blocks the natural flow of traffic, blocks entranceway to
either public or private property or creates a hazard. Under no circumstances
shall any person park any manufactured home or recreational vehicle
on a street within the city for a period in excess of three (3) hours.
(Ordinance 571-08, ex. A, sec. 1-8,
adopted 11/10/08)
(a) It
shall be unlawful for any person to store a manufactured home for
more than ninety (90) days on any property inside the city. The term
“store” as used in this subsection means the placement
of a manufactured home on property, without utilities being connected
to the manufactured home, or without being secured with proper tiedowns.
(b) It
shall be unlawful for any person to store a recreational vehicle in
the front driveway, or front yard of a residence. Recreational vehicles
may be stored in the back yard, or side yard of a residence.
(Ordinance 571-08, ex. A, sec. 1-9,
adopted 11/10/08)