(a) The
scope of this article shall be to govern the establishment and operation
of all mobile home and vacation travel trailer parks within the city.
(b) Except
for the skirting requirements, this article shall have no retroactive
effect on existing trailer parks; however, any additions to or any
changes in the physical character of the existing trailer parks, which
are regulated by this article, shall comply with the requirements
of this article.
(c) The
purpose of this article is to regulate the design and use of mobile
home parks, because the public services must be provided, and the
health, safety and welfare of the community must be maintained.
(Ordinance 6012-J, sec. 1, adopted 9/20/07; Ordinance 6012, sec. 1, adopted 12/6/07)
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
FHA
means the Federal Housing Authority.
Hard surface
means a surface that will not soften when exposed to moisture
and which is of sufficient thickness to withstand unusual wheel loads.
The use of asphalt, concrete, soil, cement, also gravel or crushed
rocks when used in compliance herewith shall meet this requirement.
However, caliche, when used by itself, will not be acceptable. In
the event that gravel or crushed rock is used, such material must
be applied six (6) to eight (8) inches thick with a soil binder, or
in the alternative apply two (2) or three (3) inches thick over a
minimum six (6) inch thick caliche base. The use of precast concrete
slabs is acceptable as [if] such slabs are at least two (2) feet square
and are adequately reinforced. Such slabs must be clearly specified
in construction plans approved by the building official.
Licensee
means any person licensed to operate and maintain a mobile
home park under the provisions of this article.
Manufactured home
means 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 (8) body feet or more in width or
forty (40) body feet or more in length, or, when erected on-site,
is three hundred and 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. The term does not include a travel trailer.
Mobile home
means a structure that was constructed before June 15, 1976,
transportable in one 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 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
travel trailer. For purposes of this article, any reference to a mobile
home includes a manufactured home.
Mobile home or vacation travel trailer space
means a plot of ground within a single mobile home or vacation
travel trailer park, and designed for the accommodation of a single
mobile or manufactured home or travel trailer.
Mobile home or vacation travel trailer stand
means a hard-surfaced area of a mobile or manufactured home
or a vacation travel trailer space that is reserved for the placement
of a mobile or manufactured home or travel trailer.
Mobile home park
means any tract of land under single ownership, where accommodation
is not provided for transient mobile or manufactured home use.
Planning commission
means the planning and zoning commission of the city, or
its duly authorized representative.
Service building
means a structure housing toilet, lavatory or other such
facilities as may be required by this article.
Skirting
means the enclosing of the open space between the underside
of a mobile home and the ground around the entire perimeter of the
structure, using a masonry wall or a framework to which panels are
attached.
Space width
means the horizontal distance of the side lot lines, measuring
at right angles to the lot depth at a point midway between the front
and rear lot lines.
Travel trailer
means a vehicular, portable home designed as a temporary
dwelling for travel, recreational and vacation uses. Such homes shall
be classified as a travel trailer whether or not its wheels, rollers,
skids or other rolling equipment have been removed, and whether or
not any addition thereto has been built on the ground; and shall also
include pickup campers, converted buses, self-powered motor homes,
tent trailers, tents and analogous temporary portable housing and
accessory buildings.
Vacation travel trailer park
means any tract of land under single ownership, one (1) acre
or more, where accommodation is provided for transient use.
(Ordinance 6012-J, sec. 2, adopted 9/20/07; Ordinance 6012, sec. 2, adopted 12/6/07)
Any person, firm or corporation violating this article or any provision thereof shall upon conviction be guilty of a misdemeanor and shall be fined in accordance with the general penalty provided in section
1.01.009 of this code, and each day that such violation continues shall be considered a separate offense and punishable accordingly.
(Ordinance 6012-J, sec. 40, adopted 9/20/07; Ordinance 6012, sec. 40, adopted 12/6/07; Ordinance
adopting Code)
The provisions of this article shall not apply to mobile home
and/or travel trailer parks already in existence and operating; such
parks shall be treated as a nonconforming use so far as the requirements
of this article are concerned. If any new additions, changes or placements
occur the new changes will fall under this article completely. All
other additions and changes shall become effective after adoption
of this article for existing as well as new mobile home and travel
trailer parks.
(Ordinance 6012-J, sec. 41, adopted 9/20/07; Ordinance 6012, sec. 41, adopted 12/6/07; Ordinance
adopting Code)
(a) It
shall be unlawful for any reason to park a mobile home within the
city for a period longer than forty-eight (48) hours except in an
approved mobile home park or mobile home subdivision. The provisions
of this section shall not, however, apply to:
(1) Locations where mobile homes are manufactured or sold or stored by
the manufacturer or seller.
(2) Temporary offices or display units.
(b) It
shall be unlawful for any person to connect utilities to or to occupy
a mobile home within the city, except where it is located in a duly
licensed mobile home park under the terms of this article or on private
property zoned R-MH.
(c) It
shall be unlawful for any person to connect utilities to or to occupy
a travel trailer within the city except where it is located in a duly
licensed vacation travel trailer park under the terms of this article
or as provided in this section.
(d) A
person may connect electricity to and occupy a travel trailer that
is located on the property of a nonprofit entity for a period not
to exceed forty-eight (48) hours. A nonprofit entity may request a
longer period of time for a travel trailer to be occupied on its property
by submitting an application for permit to the building official.
(Ordinance 6012-J, sec. 3, adopted 9/20/07; Ordinance 6012, sec. 3, adopted 12/6/07)
(a) Required.
It shall be unlawful for any person to rent,
offer for rent, occupy or otherwise maintain a mobile home upon any
private lot or within any mobile home park within the city limits
unless said mobile home is skirted according to the provisions of
this article.
(b) Methods and materials.
Skirting methods and materials
allowed shall be as follows:
(1) Skirting shall be of a material suitable for exterior exposure and
contact with the ground, including but not limited to vinyl or metal
skirting systems. Such materials or systems shall be installed in
accordance with the skirting manufacturer’s installation instructions.
Skirting shall be adequately secured to assure stability, to minimize
vibration and susceptibility to wind damage, and to compensate for
possible frost heave.
(2) Any skirting installed as a permanent enclosure such as brick, stone,
masonry, cement board or wood sheathing shall be constructed of materials
as required by the adopted building codes.
(c) Vents and access hatch.
(1) Vents.
Vent openings shall be installed in the skirting
walls either pursuant to the skirting manufacturer’s recommendations
or as provided in this section. Vents shall be arranged to provide
cross-ventilation and shall be covered with corrosion-resistant wire
mesh of not less than 1/4 inch nor more than 1/2 inch in any dimension.
Vent openings shall have a combined net area of not less than one
square foot for each one hundred and fifty (150) square feet of crawl
space.
(2) Access hatch.
An access hatch shall be installed within
permanent skirting instillations to allow access under the mobile
home for maintenance and repair. The access hatch shall be of sufficient
size to allow a person of average size to crawl through. The door
of the access hatch shall have sufficient hardware to keep it closed
tightly when not in use.
(d) Time limit for installation.
Skirting installation shall
be completed within:
(1) Six (6) months after the passage of this article for all mobile homes
installed on or before the date of this article.
(2) Sixty (60) days after the date of occupancy for all other mobile
homes.
(Ordinance 6012-J, secs. 4–7,
adopted 9/20/07; Ordinance
6012, secs. 4–7, adopted 12/6/07; Ordinance adopting Code)
(a) A
mobile home will not be permitted in the city limits upon private
property that is not already zoned for mobile homes. Any person moving
or causing to be moved a mobile home into the city will obtain a permit
prior to such moving. In the application for a permit, she/he will
state the name and [of the] owner, the location to be used, the existing
utilities and the utilities to be installed. Permits must be obtained
each time a mobile home is moved to a new location.
(b) It
shall be unlawful for any person to construct, change physically,
or extend any mobile home park or vacation travel trailer park within
the city unless and until such plans have been approved by the city
council, and unless the person shall hold a valid permit issued by
the building official.
(c) All
new construction permitted under the terms of this section shall comply
with the requirements and standards set out in all relevant sections
of the city code, including but not limited to the subdivision regulations,
the building code, the plumbing code, the electrical code, and the
zoning ordinance.
(Ordinance 6012-J, sec. 8, adopted 9/20/07; Ordinance 6012, sec. 8, adopted 12/6/07)
The building official and fire marshal are hereby authorized
and directed to make such inspections as necessary to determine satisfactory
compliance with this article. They shall have the power to enter at
reasonable times upon any private or public property for the purposes
of inspection and investigating conditions relating to the enforcement
of this article. It shall be the duty of the park management to give
them free access to all lots at reasonable times for the purpose of
inspection. It shall be the duty of every occupant of a mobile home
park to give the owner thereof or his agent or employee access to
any part of such mobile home park at reasonable times for the purpose
of making such repairs or alterations as are necessary to effect compliance
with this article. Whenever, upon inspection of any mobile home park,
the building official or other authority finds that conditions or
practices exist which are in violation of any provisions of this article,
and [he] shall give notice in writing in accordance with this section
to the person to whom the license was issued that unless such conditions
or practices are corrected within a reasonable amount of time as specified
in the notice other action will be taken. At the end of such period,
the authority giving the notice shall reinspect such mobile home park
and, if such conditions or practices have not been corrected, he shall
recommend that the city council suspend the license and give notice
in writing of such suspension to the person to whom the license is
issued.
(Ordinance 6012-J, sec. 9, adopted 9/20/07; Ordinance 6012, sec. 9, adopted 12/6/07)
It shall be the duty of the licensee to keep a register containing
a record of all mobile home and vacation travel trailer owners and
occupants located within the park. The register shall be kept for
a time period of two (2) years and shall be readily available for
inspection by the law enforcement officers, public health officials,
and other officials whose duties necessitate acquisition of the information
contained in the register. The register shall contain the following
information:
(1) The
name and address of each occupant.
(2) The
make, model, and year, license number and state of registration, if
available, of mobile homes and vacation travel trailers, and the name
and address of each owner.
(3) The
date of arrival and departure of each mobile home and vacation travel
trailer.
(Ordinance 6012-J, sec. 10, adopted 9/20/07; Ordinance 6012, sec. 10, adopted 12/6/07)
It shall be the responsibility of the park management to keep
a reasonable attendant or supervisor or owner-operator in charge at
all times, to keep the facilities and equipment in a clean orderly
and sanitary condition at all times. The park manager shall notify
all park occupants of all applicable provisions of this article and
inform them of their duties and responsibilities under this article.
(Ordinance 6012-J, sec. 11, adopted 9/20/07; Ordinance 6012, sec. 11, adopted 12/6/07)
(a) No
mobile home shall be occupied within the scope of this chapter, nor
shall any city utility be connected to any mobile home unless or until
a certificate of occupancy for the mobile home has been issued by
the building official. The building official shall, after an application
therefor has been filed by the owner or their agent, issue a certificate
of occupancy if, after inspection of the premises, it is found that
same complies with the provisions of this article and any other applicable
codes and ordinances relative to location, construction, arrangement,
safety and sanitary facilities of mobile homes.
(b) The
owner or their agent of the mobile home must apply for a new certificate
of occupancy before any change in occupant of the mobile home.
(c) The
individual or entity listed in the county tax appraisal district records
shall be the owner responsible for obtaining the certificate of occupancy.
(d) A
person or corporation commits an offense if they allow or permit occupancy
of a mobile home or allow the occupation of a mobile home without
providing a valid certificate of occupancy to the occupant. Any person
or corporation who violates this section shall be guilty of a class
C misdemeanor and upon adjudication or conviction thereof shall be
fined in an amount not to exceed five hundred dollars ($500.00) for
each offense.
(e) In
addition to imposing a criminal penalty, the city may bring a civil
action against a person and/or corporation in violation of this section.
The civil action may include but is not limited to a suit to recover
a civil penalty not to exceed $1,000.00 for each day or portion of
a day during which the violation is committed, continued or permitted.
(Ordinance D22-11 adopted 11/3/2022)