The following words, when used in this article, shall have the
meanings respectively ascribed:
A person authorized by the city council to perform the duties
prescribed in this article.
Means a structure:
Constructed on or after June 15, 1976, according to the rules
of the United States Department of Housing and Urban Development;
Built on a permanent chassis;
Designed for use as a dwelling with or without a permanent foundation
when the structure is connected to the required utilities;
Transportable in one or more sections; and
In the traveling mode, at least eight body feet in width or
at least 40 body feet in length or, when erected on site, at least
320 square feet;
Includes the plumbing, heating, air conditioning, and electrical
systems of the home; and
Does not include a recreational vehicle as defined by 24 CFR
section 3282.8(g).
A person to whom a license for construction and/or operation
and maintenance of a park has been issued.
A HUD-code manufactured home or a mobile home.
Means a structure:
Constructed before June 15, 1976;
Built on a permanent chassis;
Designed for use as a dwelling with or without a permanent foundation
when the structure is connected to the required utilities;
Transportable in one or more sections; and
In the traveling mode, at least eight body feet in width or
at least 40 body feet in length or, when erected on site, at least
320 square feet; and
Includes the plumbing, heating, air conditioning, and electrical
systems of the home.
The ground area allocated for occupancy by one (1) mobile
home in the layout of a park.
An unobstructed area of minimum nine feet (9') by eighteen
feet (18') dimensions, allocated for parking a vehicle in the layout
of a park.
A plot of ground under single person ownership, upon which
two (2) or more mobile homes occupied as dwellings are located.
A person to whom a nonconforming use permit for operation
and maintenance of a park has been issued.
Any individual, corporation or legal entity.
(Ordinance adopting Code)
It shall be unlawful for any person to construct a mobile home
park within the city or its extraterritorial jurisdiction in violation
of the city’s zoning and subdivision regulations. Mobile home
parks may be located in any zoning district allowed in the city’s
zoning ordinance, provided such special use is granted by the city
council and any applicable restrictions have been met. All proposed
mobile home parks shall also be platted in accordance with the city’s
subdivision regulations.
(Ordinance adopting Code)
(a)
It
shall be unlawful for any person to maintain or operate a mobile home
park within the city limits without a license or permit therefor.
A fee as established by the city council from time to time and on
file in the office of the city secretary shall be required for each
mobile home park license or nonconforming use permit. The license
or permit shall be issued by the city manager upon approval of the
city council, subject to compliance with the terms and provisions
of this article. No utility service shall be provided until the permit
or license herein provided for shall have been issued. All applications
for a license or permit shall be made upon prescribed forms provided
by the city.
(b)
Every
person operating a park within the city limits shall submit a written
application for a license. The planning and zoning commission will
review each license application and make recommendations thereon to
the city council. In considering the disposal of any such application,
the city council may take into account the character of the neighborhood,
with respect to present and anticipated land use and development,
wherein the park is located or is in operation. Upon approval of an
application by the city council, the city manager will issue a license.
(c)
If the city council denies a license to any applicant, the city manager will issue to such applicant a nonconforming use permit that specifies the nonconformities with provisions of this article responsible for denial of the license and authorizes continued operation of the park subject to the permittee’s compliance with all provisions of this article pertaining to park operation and maintenance as provided for in section 3.13.007 below. However, the permit does not make lawful the extension or enlargement of a specified nonconformity, either within the present confines of a park or by expanding its boundaries. After the remedy or suspension of a nonconforming use, such use shall not be restored or resumed; e.g., if a nonconforming mobile home space is vacated, it shall not be occupied again by a mobile home.
(Ordinance adopting Code)
For validity, a license or nonconforming use permit shall be
renewed each year. Upon inspection by the building official and with
his approval and payment of an annual fee as established by the city
council from time to time and on file in the office of the city secretary
by the licensee or permittee, renewal will be effected by the city
manager. To transfer a license or permit, a written request to do
so shall be submitted to the city manager. Upon inspection of the
park by the building official and with his approval, the city manager
will issue a transfer, the fee therefor being as established by the
city council from time to time and on file in the office of the city
secretary. The building official shall refuse to issue a renewal or
transfer if the mobile home park is in violation of any condition
contained in the original license or permit or any regulation contained
herein applicable to operation and maintenance of the mobile home
park. In the event of denial by the building official, the applicant
may appeal such denial to the city council by written notice to the
city manager within ten (10) days of such denial.
(Ordinance adopting Code)
A license or permit may be revoked by the city council when
the licensee or permittee is found to be in violation of any provision
of this article or the terms of a nonconforming use permit after a
hearing is held before the city council according to written notice
given to the licensee or permittee at least ten (10) days prior to
such hearing.
(Ordinance adopting Code)
All mobile home parks shall at least meet the following design
and construction standards:
(1)
Size of park spacing and clearances for mobile home.
The minimum size of a park shall be one-half (1/2) acre. A mobile
home space shall be at least three (3) times larger than the mobile
home to be placed thereon and no less than three thousand (3,000)
square feet in area. Such spaces shall be clearly delineated on the
ground in accordance with the final plat approved. A minimum clearance
of twenty feet (20') between mobile homes and a minimum clearance
of fifteen feet (15') between any mobile home and a park boundary
that does not abut upon a public street shall be provided. When a
park boundary abuts upon a public street, no mobile home shall be
closer thereto than twenty-five feet (25').
(2)
Off-street parking spaces.
At least two (2) off-street
parking spaces shall be provided for each mobile home space. Such
off-street parking may be in the form of parking bays provided that
such bays are within two hundred feet (200') of the mobile home space,
or individual parking on each lot. Where individual parking spaces
are used, parking may be in tandem. In addition, an additional one
hundred fifty (150) square feet for each two (2) mobile home spaces
shall be provided in common area for the storage of boats and trailers
and for visitor parking. All parking areas shall be constructed in
accordance with the general construction standards provided in the
city’s subdivision regulations and located to eliminate interference
with access to parking areas provided for other mobile homes and common
parking areas within the park. Each parking space shall be maintained
by the owner or agent free of cracks, holes or other hazards.
(3)
Streets and walkways.
Internal streets, no-parking area
signs and street name signs shall be privately owned, built and maintained
unless dedicated to and accepted by the city. Streets shall be designed
for safe and convenient access to all mobile home spaces and in accordance
with the general design standards of the city’s subdivision
regulations. All internal streets shall be kept open and free of obstruction
in order that police and fire vehicles may have access to any areas
of the mobile home park. The police department shall be authorized
to issue citations for the violation of the provisions hereof and
to remove and impound offending vehicles on all private streets. All
internal streets shall be paved and constructed to the general construction
standards established in the city’s subdivision regulations
and shall be maintained by the owner or agent free of cracks, holes
and other hazards. Every mobile home park shall have direct access
from a public street, and each mobile home space shall have direct
access to a public street or to an internal street. Where a private
internal street provides access, the same shall be dedicated to the
public as an emergency access easement to allow for the rapid and
safe movement of vehicles used for the purpose of providing emergency
health or public safety purposes. Each emergency access easement shall
have a clear unobstructed width of at least thirty feet (30') and
shall connect at each end of a dedicated public street or shall have
a turnaround of minimum sixty-foot (60') diameter. Internal streets
shall be named and mobile home spaces numbered to conform with block
numbers on adjacent public streets. Private street signs shall be
of a color and size contrasting with those on public streets so that
there is no confusion regarding which are private and which are public
streets. These signs and numbers shall be of standard size and placement
to facilitate location by emergency vehicles. All parks shall provide
concrete walkways of minimum thirty inches (30") in width for pedestrian
access to each mobile home from a street constructed to specifications
approved by the city.
(4)
Electrical and telephone service.
All electrical wiring
in the mobile home park shall be underground and in accordance with
the city’s electrical regulations. All telephone lines in the
mobile home park shall also be installed underground.
(5)
Water supply.
An adequate supply of potable water shall
be supplied through the city’s water supply system to each mobile
home space through piping conforming with the city’s plumbing
regulations and general design and construction standards provided
in the city’s subdivision regulations. An outdoor water faucet
shall be installed at each mobile home space at least four inches
(4") above the ground, and all mobile homes shall be within five hundred
feet (500') of a fire hydrant.
(6)
Sewage disposal.
Each mobile home space shall be provided
with a sewer riser pipe of a minimum of four-inch diameter. The individual
sewer connections and all other elements in the park sewer system
shall conform with the city’s plumbing regulations and the general
design and construction standards provided in the city’s subdivision
regulations. Disposal shall be into the public sewer system.
(7)
Drainage.
The park shall be located and graded as to
drain away all surface water in a safe and efficient manner. Accumulations
of stagnant water will not be permitted. Culverts and drainage ditches
shall be maintained free of dirt and debris by the owner or agent.
(8)
Fire protection.
Service buildings (office, laundry
facilities, repair shops, etc.) shall be provided with emergency fire
extinguishing apparatus of such types and sizes as may be prescribed
by the city’s fire prevention regulations. Fire-resistant skirting
with the necessary vents, screens and/or openings shall be installed
on each mobile home within thirty (30) days after its emplacement
in the park. Each mobile home shall be equipped with an operable smoke
detector. To insure compliance by the mobile home owner with these
requirements, the licensee shall make such compliance and conformation
thereof a condition in the agreement for rental of a mobile home space.
(9)
Fuel supply.
Gas piping systems shall be installed underground
in accordance with the city’s plumbing regulations. Gas outlets
shall be capped when the mobile home spaces they serve are vacant.
Natural gas shall be supplied except that a liquefied petroleum gas
system may be installed if the nearest available natural gas supply
is more than one thousand (1,000) feet from the park. LPG systems
shall conform with applicable codes and regulations by the state railroad
commission pertaining thereto.
(10)
Extensions of mobile home.
No structural extension shall
be attached to a mobile home in violation of the spacing and clearance
requirements of this article. An extension that does not violate those
requirements may be installed if it meets all applicable city codes
and ordinances and if it meets the following requirements:
(Ordinance adopting Code)
All mobile home parks shall comply with the following operation
and maintenance regulations:
(1)
The
licensee or permittee shall keep up to date and have available for
inspection at the park a register of park occupancy that shall contain
the following information:
(A)
Name and address of park residents;
(B)
Mobile home registration data, including make, length, width, year
of manufacture and identification number; and
(C)
Location of each mobile home by park street name and number.
|
A new register shall be initiated on January 1st each year and
the old register retired but retained on the park premises for at
least three (3) years thereafter.
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(2)
The
licensee or permittee shall be responsible for keeping the park in
a clean, safe and sanitary condition free of accumulations of rubbish
and of rank growth of grass or weeds that might constitute a fire
hazard or give harborage to noxious insects. Walks, streets and parking
spaces shall be maintained in a serviceable all-weather condition.
(3)
The licensee or permittee shall not allow any open fire or burning within the park except for outdoor cooking or camper-type stoves or charcoal grills. Also, the licensee or permittee shall not allow the storage of flammable liquids beneath mobile homes. The fire-resistant skirting specified in section 3.13.006(8) shall be maintained intact to prevent accumulations of flammable materials beneath mobile homes. The licensee or permittee shall also be responsible for inspecting and testing all emergency fire-extinguishing apparatus at intervals of time suggested by the manufacturer.
(4)
The
licensee or permittee shall ensure the storage, collection and disposal
of refuse and garbage shall be conducted so as to create no health
hazards, rodent harborage, insect breeding grounds, fire hazards,
litter or air pollution. Each mobile home space must utilize the city’s
refuse collection services.
(5)
The
licensee or permittee shall provide that all mobile homes located
in the park be installed and anchored in accordance with state department
of labor and standards rules and regulations.
(6)
The
licensee or permittee shall ensure that all mobile homes have a fire-resistant
skirting around the bottom of the perimeter of the mobile home.
(Ordinance adopting Code)
Neither the city nor any authorized agent acting under the terms
of this article shall be liable or have any liability by reason of
orders issued or work done in compliance with the terms of this article.
(Ordinance adopting Code)
