For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
A device or insignia issued by the state department of housing
and community affairs that is permanently affixed to each transportable
section of each modular home to indicate compliance with the standards,
rules, and regulations established by the department.
A manufactured home or recreational vehicle not equipped
with bathing or toilet facilities.
A structure, constructed on or after June 15, 1976, according
to the rules of the U.S. 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 construction of the foundation system, whether temporary
or permanent, and the placement of a manufactured home on the foundation
system, including supporting, blocking, leveling, securing, anchoring,
and connection of multiple or expandable units and minor adjustments.
A device or insignia issued by the state department of housing
and community affairs to indicate compliance with the standards, rules,
and regulations established by the Department of Housing and Urban
Development, permanently affixed to each transportable section of
each mobile home manufactured after June 15, 1976, for sale to a customer.
A plot of ground designed for the placement of one manufactured
home.
A HUD-code manufactured home to be used for residential purposes.
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.
Any site, lot, field or tract of ground upon which mobile homes
are placed, and shall include any building, structure, tent, vehicle
or enclosure used or intended for use as a part of the equipment of
such park for the purpose of renting or leasing spaces meeting the
requirements of this article for mobile home parks.
A unit of level, adequately-drained ground of definite size,
clearly indicated by corner markers for the placing of a mobile home.
A structure that is manufactured in two or more modules at
a location other than the placement site and which is designed to
be used for human occupancy when the modules are transported to the
placement site, and the modules are joined together and installed
on a permanent foundation system. The term includes the plumbing,
heating, air conditioning and electrical systems contained in the
structure. It is expressly provided, however, that the term “modular
home” shall not mean or apply to, and that the following items
are expressly excluded from the purview of this article. [sic]
Any motor home, mobile trailer, camper, recreational unit
or any similar vehicle principally designated for temporary habitation,
regardless of size.
A device or insignia issued by the state department of housing
and community affairs to be affixed to used mobile homes to indicate
compliance with the standards, rules, and regulations established
by the department.
(Ordinance adopted 11/6/2001,
sec. 1)
Any person, firm or corporation violating any provision of this article shall be guilty of a misdemeanor, and upon such conviction shall be fined in accordance with section 1.01.009 of this code, plus court costs. Each day that such violation continues unabated shall constitute a separate offense.
(Ordinance adopted 11/6/2001,
sec. 18; Ordinance adopting Code)
(a)
In
addition to other penalties set out in this article, the city may
withhold all public utilities and improvements of whatever nature,
including the maintenance of streets and the furnishing of sewer and
water service, from all mobile homes, manufactured housing, mobile
home parks, manufactured housing sales areas, and mobile home subdivisions
which are not in compliance with all applicable provisions of this
article.
(b)
In
addition to the enforcement procedures this article, the city attorney
shall take such action, [including] injunctive relief, as may be necessary
to enforce the provisions of this article.
(Ordinance adopted 11/6/2001,
sec. 6)
(a)
A
variance to the provisions of this article shall only be granted pursuant
to a public hearing before the city council.
(b)
All
property owners within 500 feet of any portion of the property on
which the variance is sought shall be [notified] by regular mail of
such hearing. After the public hearing, the city council shall deny,
approve, or approve with conditions. City council action shall only
take place at a regularly scheduled monthly meeting.
(c)
The
public hearing and property owner notification calendar utilized by
the city shall be based on the statutory provisions of the municipal
zoning laws of the state.
(d)
All
advertising and notification costs shall be borne by the applicant
for the variance.
(Ordinance adopted 11/6/2001,
sec. 7)
(a)
Manufactured
homes shall not be permitted to be located within the limits of the
city on any space, lot or tract of land other than in a platted and
approved mobile home park or mobile home subdivision, nor shall any
private or public utilities be connected or extended, except in any
one or more of the following circumstances:
(1)
The manufactured home was legally in existence at such location as
of November 10, 1994. If a manufactured home existing in the corporate
limits of the city subsequent to the continuance provisions of this
article, and used for any purpose, is removed or replaced for any
reason, a variance as prescribed in this article must be obtained
before another HUD manufactured home can be placed on the site.
(2)
Written application for exception shall be submitted to the city
secretary and shall require the granting of a variance as prescribed
by this article. The application shall state:
(A)
Name and address of the applicant.
(B)
Size, model, year of manufacture, original cost, and photograph of
the manufactured home.
(C)
Legal description of the property upon which it is proposed to place
the mobile home and name and address of the property owner. The manufactured
home is to be located on a separately platted or replatted lot of
at least 4,000 square feet, such plat or replat having been properly
approved by the city council. The person who intends to occupy such
manufactured home must submit a copy of a duly recorded deed in a
form acceptable to the city council showing that the intended occupant
owns the lot upon which the manufactured home is to be located. No
other structure designed or to be used for human occupancy shall be
located on such lot, and shall meet all applicable codes and ordinances
for the intended use.
(D)
Drawing showing size of lot, location of lot, and how the manufactured
home is to be placed on the lot in order to conform to the city Code
of Ordinances.
(E)
Form signed by the applicant stating that he understands the requirements
of the zoning ordinances for the area the manufactured home will be
placed in.
(F)
Form signed by the applicant stating that the manufactured home will
have the tie-downs and will be skirted with fire-resistant skirting
and will be maintained intact to prevent accumulations of flammable
materials beneath the manufactured home.
(G)
The property owner must submit adequate proof to the director of
public works that the aforementioned and other ordinance requirements
have been met before a permit is issued for the placement of the manufactured
home.
(b)
Nothing
provided in this section pertaining to manufactured housing shall
in any way abrogate the enforceability by private parties of deed
restrictions pertaining to manufactured housing.
(Ordinance adopted 11/6/2001,
sec. 3)
(a)
General prohibition.
Parking of mobile homes, camper
buses, motor homes and camper trailers, and modular components, including
but not limited to Morgan Buildings, Tuffsheds, or any out-building
constructed at a factory, delivered to a site normally used as a shed
or other utilitarian type use, for use as a residence outside of a
mobile home park shall be prohibited.
(b)
Definition of modular component.
“Modular component”
means a structural portion of any dwelling or building that is constructed
at a location other than the homesite in such manner that its construction
cannot be adequately inspected for code compliance at a homesite without
damage or without removal of a part therefor and reconstruction.
(c)
Temporary use of mobile home or camper in emergency.
The city council may grant to individuals the temporary use of mobile
homes, motor homes, camper buses, or camper trailers in the event
of an emergency. An emergency shall only be loss of a permanent dwelling
due to fire, flood or other natural disaster. In the event any such
application for emergency temporary use of said mobile homes, motor
homes, camper buses or camper trailers is granted by the city council,
no such temporary use shall begin until:
(1)
A permit fee, to be established by the city council, is paid by the
applicant.
(2)
A determination of the period of time such emergency use may continue,
but in no event shall such period exceed thirty (30) days. However,
each applicant may have his emergency permit extended for additional
thirty (30) day periods. No permit shall be extended or renewed more
than five times. All such extensions shall be granted by the city
council.
(3)
The city council shall only grant an emergency permit for the express
purpose of occupying a mobile home, motor home, camper bus or camper
trailer as a residence only while repairing, remodeling or replacing
a permanent residence.
(4)
Any such emergency permit granted shall require the applicant to
locate his temporary mobile home, motor home, camper bus, or camper
trailer upon the same lot or parcel of real estate as the permanent
residence that is being repaired, remodeled or replaced.
(d)
An
existing mobile home (that is lawfully in place) that is destroyed
by fire, explosion, flood or other natural disaster may be replaced,
if such replacement is of the same size, length, width and weight
as the one destroyed.
(Ordinance 110104 adopted 1/4/2011; Ordinance adopting Code; Ordinance adopted 12/4/2018)
(a)
Any existing mobile home or manufactured home, as defined in section 3.05.001 of this article, which continues to be used for any purpose subsequent to the continuance provisions of this article, and which is abandoned and not maintained for a continuous period of 180 calendar days, shall lose its continuance status, and shall be subject to the variance provisions herein prescribed. Abandonment and lack of maintenance may be evidenced by, but are not limited to, termination of utility service, failure to maintain occupancy, change of type of use, or by another reasonable means.
(b)
Any manufactured home which is located pursuant to the variance provisions of this article, and which subsequently is abandoned according to the definition contained in section 3.05.001 of this article [subsection (a) of this section], shall be deemed to have permanently lost its location privilege and status, and the site on which the structure had been located shall henceforth be used only for purposes other than the location of a manufactured home.
(Ordinance adopted 11/6/2001,
sec. 4)
Any mobile home, manufactured home, or recreational vehicle
which is located within the corporate city limits so as to be in violation
of any term or condition of this article is subject to removal from
the city at the expense of the owner. If, upon a city-directed order
for removal, the owner fails to comply, the city may enter upon the
property in question and take steps to have the subject vehicle or
structure removed at the expense of the owner.
(Ordinance adopted 11/6/2001,
sec. 5)
No mobile home or manufactured housing over 30 feet in length
shall be moved upon the public streets of the city without first obtaining
a moving permit from the office of the city secretary; provided, however,
that no fee for such permits shall be charged. Provided further that
no such permit shall be issued unless and until all ad valorem taxes
on such mobile home or manufactured home shall be paid in full, including
prorated ad valorem taxes for a partial year and including all penalty,
interest and attorney’s fees.
(Ordinance adopted 11/6/2001,
sec. 16)
It shall be unlawful for any person to park any manufactured
home, mobile home or recreational vehicle on any public street, alley,
highway or other public place within the limits of the city for any
of the following purposes:
(1)
Human
occupancy at any time;
(2)
Storage
for more than 24 hours;
(3)
Any
purpose within a fire district as established by the building inspection
department under the city building code;
(4)
Any
other purpose of more than 48 hours.
(Ordinance adopted 11/6/2001,
sec. 17)
All mobile homes and manufactured housing shall have adequate
tie-downs as required by state insurance regulations.
(Ordinance adopted 11/6/2001,
sec. 14(A))
The permit for a mobile home park shall be obtained from the
city secretary at a fee of $200.00 for each occupied trailer space,
payable by the owner of such mobile home park on the first day of
each year. Payment is to be based on the number of spaces reported
by the trailer park owner.
(Ordinance adopted 11/6/2001,
sec. 8; Ordinance adopting Code)
(a)
Applications
for a mobile home park license shall be filed with the city secretary.
After the required zoning and plan approval has been approved by the
zoning board and the city council, the city secretary shall issue
the license. Applications shall be in writing, and signed by the applicant,
and shall contain the following:
(1)
The name and address of the applicant;
(2)
The location and legal description of the mobile home park.
(4)
Plans and specifications of all buildings and other improvements
constructed or to be constructed within the mobile home park in accordance
with all existing applicable ordinances or statutes within the city.
(5)
Such further information as may be requested by the city to determine
if the mobile home park will comply with the legal requirements.
(b)
If
the applicant is found to be of good moral character and the mobile
home park will be in compliance with all provisions of this article
and all other applicable ordinances or statutes, the city council
may approve the application, and, in the case of proposed parks, make
such approval contingent upon completion of the park according to
the plans and specifications submitted with the application. The city
secretary shall issue the license.
(Ordinance adopted 11/6/2001,
sec. 9)
The mobile home park shall conform to the following requirements:
(1)
The
park shall be located on a well-drained site, properly graded to insure
rapid drainage and freedom from stagnant pools of water.
(2)
Mobile
home spaces shall be provided consisting of a minimum of 1,000 square
feet for each space, which shall be at least 25 feet wide and clearly
defined. Mobile homes and manufactured houses shall be so harbored
on each space that there shall be at least 20 feet clearance between
mobile homes and manufactured homes; provided, however, that in respect
to mobile homes and manufactured homes parked end to end, clearance
between mobile homes and manufactured homes may be less than 20 feet
but shall not be less than 15 feet from any building within the park
or from any property line bounding the park.
(3)
The park plan required by section 3.05.052 of this article shall provide a legal description and map clearly setting out the following information, and where applicable comply with the city subdivision ordinance:
(A)
The extent and area to be used for park purposes;
(B)
Driveways at entrances and exits, roadways and walkways;
(C)
Location of sites for mobile homes and manufactured homes;
(D)
Location and number of proposed sanitary conveniences, including
proposed toilets, washrooms, laundries, laundry drying space and utility
rooms;
(E)
Method and plan of sewage disposal;
(F)
Method and plan of garbage removal;
(G)
Plan of water supply;
(H)
Plan of electric lighting, and electric service to mobile home and
manufactured home sites;
(I)
Plan of parking requirements;
(J)
A mobile home or manufactured home shall have effective visual screening
of the undercarriage utilizing like materials. The screening shall
completely surround the mobile home or manufactured home and extend
from the bottom of the side wall to the ground;
(K)
Such further information as may be requested by the city council.
(Ordinance adopted 11/6/2001,
sec. 10)
Every mobile home park shall have city water connections furnishing
an ample and adequate supply of water and shall be connected with
the sanitary sewer, and adequate provisions shall be made for the
collection and removal of waste and garbage in accordance with all
applicable ordinances of the city and other statutes.
(Ordinance adopted 11/6/2001,
sec. 11)
It shall be the duty of the licensee to keep a register containing
a record of all mobile home and manufactured home owners and occupants
located within the park. The register shall contain the following
information:
(1)
Name
and address of each occupant.
(2)
The
make, model and year of all automobiles, manufactured homes and mobile
homes.
(3)
License
number and owner of each mobile home, manufactured home, and the automobile
by which it is towed.
(4)
The
state issuing such license.
(5)
The
date of arrival and of departure of each mobile home and manufactured
home.
(Ordinance adopted 11/6/2001,
sec. 13)
The park shall keep the register available for inspection at
all times by law enforcement officers, public health officials and
other officials whose duties necessitate acquisition of the information
contained in the register. The register records shall not be destroyed
for a period of two years following the date of registration.
(Ordinance adopted 11/6/2001,
sec. 14(B))
The city may revoke any license to maintain and operate a mobile
home park, after the licensee is given notice and hearing, for any
violation of this article. After such conviction, the license may
be reissued if the circumstances leading to conviction have been remedied
and the park is being maintained and operated in full compliance with
the law and the provisions of this article.
(Ordinance adopted 11/6/2001,
sec. 15)
