(1)
Title. This chapter shall be known, and shall be cited, as the Lewis County mobile home park binding site plan chapter.
(Ord 1051 Art. I, 1977; Ord. 1157, 1998)
(2) "Health officer"
means the Lewis County board of health, health officer or his authorized representative.
(3) "Mobile home"
means a factory-assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its own running gear and designed to be used as a dwelling unit without a permanent foundation.
(4) "Mobile home park"
means a division of land for the purpose of lease when no residential structure other than mobile homes are permitted to be placed upon the land.
(5) "Person"
means any person, firm, corporation, partnership, or association, and any agency of state, county, or municipal government, and any agency of the federal government which is subject to the jurisdiction of the state.
(6) "Recreational vehicle"
means a vehicular-type unit, with or without motive power, primarily designed as temporary living quarters for recreational, camping, or travel use and, where applicable, having affixed to it an inspection seal of the Washington State Department of Labor and Industries.
(7) "Site plan"
means a drawing to scale which identifies and shows the areas and locations of all streets, roads, improvements, utilities, and any other matter specified by this chapter, and contains the appropriate inscriptions or attachments setting forth such appropriate limitations for the use of the land as are established by Lewis County.
(8) "Mobile home lot"
means a portion of a mobile home park designated as the location of one mobile home and its accessory buildings and intended for the exclusive use of the occupants of that mobile home.
(9) "Mobile home stand"
means the area of a mobile home lot which is reserved for the placement of a mobile home.
(10) "Occupied area"
means the portion of a mobile home lot which is covered by a mobile home and accessory buildings.
(11) "Park street"
means a street or road within a mobile home park which connects individual mobile home lots with a public road, street, or highway.
(12) "Mobile home accessory building"
means any awning, cabana, ramada, storage structure, carport, fence, windbreak, or porch located on a mobile home lot.
(13) "Community facility"
means any building located within a mobile home park which provides toilet, lavatory, bathing, and/or laundry facilities to residents of the mobile home park.
(14) "Recreational facility"
means any building, structure, or area located within a mobile home park which is operated for the purpose of providing recreational activities to residents of the mobile home park.
(15) "Park trailer"
means a park trailer as defined in the American National Standards Institute A119.5 standard for park trailers.
(Ord. 1051 Art. II, 1977; Ord 1051 Amendment 1, 1980; Ord. 1157, 1998)
(1)
Applicability. It shall be unlawful for any person to construct, alter, extend, or occupy any mobile home park within Lewis County unless the person has an approved mobile home park binding site plan in the name of such person for the specific construction, alteration, extension, or occupation proposed.
(2)
Legal Nonconforming Status. Any mobile home park existing prior to the effective date of the ordinance codified in this chapter which meets the state and local health codes may continue in its present use and occupancy. However, any alteration or addition to such a park shall comply with the requirements of this chapter.
(Ord. 1051 Art. III, 1977; Ord 1051 Amendment 2, 1980; Ord. 1157, 1998; Ord. 1348 (Exh. A), 2023)
(1)
Application. A reproducible copy of the preliminary site plan shall be submitted to the Lewis County planning division along with any other application forms furnished by said body which shall affix thereto a file number and date of receipt. The preliminary site plan shall conform to the requirements of subsection (4) of this section. All proposed mobile home park site plans containing more than four mobile home lots shall submit a completed SEPA checklist for review. The responsible official shall make a threshold determination and may require mitigation or conditions that must be incorporated into the final site plan prior to final approval.
(2)
Fees. The fees for this chapter are set forth in LCC § 18.05.050.
(3)
Site Plan Review. Upon receiving an application for site plan approval, the planning department shall submit copies to the following for their review and comments:
(a)
Lewis County board of health by and through the environmental services section;
(b)
Lewis County community development division;
(c)
District Engineer of the Washington State Department of Transportation when the subject property is adjacent to the rights-of-way of existing or proposed state highways;
(d)
The proper city officials when the subject property is within one mile from the corporate limits of any city or town;
(e)
Local school district;
(f)
Local fire district;
(g)
Utility purveyors;
(h)
Any other agency with interest, expertise, or jurisdiction.
(4)
Site Plan - General Requirements. The site plan shall be prepared in a neat, workman-like manner on a sheet of paper or reproducible material of any of the following dimensions: 11 inches by 17 inches, 14 inches by 25 inches, or 18 inches by 24 inches. Such site plans shall contain the following information:
(a)
Names of the developer and the mobile home park;
(b)
Date;
(c)
Scale (not more than 400 feet to the inch);
(d)
North arrow;
(e)
Designation of the quarter-quarter section, section, township, and range;
(f)
The area of the tract of land;
(g)
The boundary lines of the tract and their dimensions;
(h)
The boundaries and width of all adjacent public and private roads;
(i)
Location of all easements;
(j)
The number, location, and dimensions of all mobile home lots and stands;
(k)
The number, location, and dimensions of all storage areas (including parking lots);
(l)
Location and widths of all park streets and walkways;
(m)
The method and plan of water supply;
(n)
The method and plan of sewage disposal;
(o)
The method and plan of surface drainage;
(p)
The plans and specifications of all buildings and other improvements constructed or to be constructed in the mobile home park;
(q)
The size and location of the recreation area, if provided;
(r)
Contours of sufficient interval to show the general topography of the entire tract;
(s)
The indication of any portion or portions of the mobile home park for which there will be phased development;
(t)
With reference to the alteration or addition of any mobile home park having either (i) legal nonconforming status or (ii) a binding site plan previously approved under this chapter, the site plan shall also include the boundary lines of such previous mobile home park and their dimensions; the location and widths of all park streets there within; and any features lying outside said boundaries upon which any previous approvals were based;
(u)
A legal description of all lands within the mobile home park;
(v)
A declaration signed by the owner or owners of the land and acknowledged before a notary public which shall include the following statement:
Know all men by these presents: That __________________ are the owners of the lands described herein and do hereby declare this mobile home park site plan as binding upon declarants and their heirs and assigns forever. |
If the site plan includes a dedication, then the following additional language shall be used:
and dedicate to the public forever all roads and ways shown hereon with the right to make all necessary slopes for cuts and fills, and the right to continue to drain said roads and ways over and across any mobile home lot or lots, where water might take a natural course, in the original reasonable grading of the roads and ways shown hereon. |
Following original reasonable grading of roads and ways herein, no drainage waters on any mobile home lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way, or to hamper proper road drainage. Any enclosing of drainage waters in culverts or drains or rerouting thereof across any lot as may be undertaken by or for the owner of the mobile home park shall be done by and at the expense of such owner. |
(5)
Public Hearing - Notice of Public Hearing.
(a)
Upon receipt of an application for site plan approval the planning department shall have a date set for a public hearing before the Lewis County Hearing Examiner pursuant to Chapter 2.25 LCC. However, those mobile home parks creating no more than four mobile home lots within any five-year period shall not require a public hearing before the Examiner and may be approved administratively by resolution of the board at a public meeting of the board.
(b)
Notice of such hearing shall be given by publication of at least one notice not less than 10 days prior to the hearing in a newspaper of general circulation and shall include the date, time, and place where such hearing is to be held. Notice shall also be given by mailing said notification to the latest recorded property owners as shown by the records of the county assessor within at least 300 feet of the subject property and/or posting notice of such hearing on said property at least 10 days prior to such hearing.
(6)
Action on Application. In evaluating any application, the Hearing Examiner or the board, as applicable, shall consider the preliminary site plan application for adequacy of roads, sewage disposal, water supply, fire protection, appropriate provisions for drainage, parks, schools, and other public and private facilities and improvements, and that the public use and interest will be served and shall:
(7)
Approval and Recording. The action approving a site plan shall become effective when the applicant has filed the final approved site plan for record in the office of the county auditor, with the notation of the fact that the same has been approved by the Hearing Examiner or board, as applicable and as provided herein. Prior to recording of any final approved site plan, the applicant shall submit the same to the planning division for review and final approval. The planning division shall review the final site plan for conformity with the requirements set forth in this chapter and with the decision of the hearings examiner or board as applicable, and shall signify with the notation of the fact that the same has been approved by the planning division. Failure to so file within 30 days after approval shall automatically cause a lapse of approval, and the same shall not be filed until further approval has been granted by the Hearing Examiner or board, as applicable. The site plan shall be duly filed and recorded by the Lewis County auditor upon receipt of the full amount of the filing fee according to the provisions of RCW 36.18.010.
(8)
Variance.
(a)
Where unnecessary hardships and practical difficulties resulting from peculiarities of a specific property render it difficult or inequitable to carry out the provisions of this chapter, a party may request a variance, subject to hearing, and the Hearing Examiner shall have the power to grant a variance in harmony with the general purpose or intent of this chapter. After a written request is made by the person seeking the variance, the Hearing Examiner shall forward the request to the planning director for his comments and recommendation. The Hearing Examiner shall consider the following in its decision to either grant or deny the variance:
(b)
The Hearing Examiner shall render its decision following a public hearing on the matter. The Hearing Examiner may require that a form of financial guarantee must be furnished by the developer to assure the installation of required improvements when the subject variance involves such improvements. The applicant and all other interested parties shall be given at least 10 days' notice of the date upon which the matter will be considered, and notice shall be published at least once, not less than 10 days prior to said hearing, in the official county newspaper. The decision may be reviewed in accordance with the appeals provisions of Chapter 2.25 LCC.
(Ord. 1051 Art. IV, 1977; Ord. 1051 Amendment 1, 1980; Ord 1051 Amendment 2, 1980; Ord. 1157, 1998; Ord. 1158, 1998; Ord. 1179 § 3 (Exh. B), 2002)
(1)
Court Review - If Aggrieved. Any decision approving or disapproving any mobile home park site plan shall be reviewable in Lewis County Superior Court in accordance with the provisions of Chapter 2.25 LCC.
(3)
Development Permit Prohibition. No building permit or other development permit shall be issued for any mobile home park not having a site plan approved under this chapter.
(Ord. 1051 Art. V, 1977; Ord 1051 Amendment 1, 1980; Ord. 1157, 1998; Ord. 1180 § 20, 2002)
(1)
Location and Layout of Mobile Home Parks.
(a)
A mobile home park shall not be established in a location which presents an actual or potential hazard to the health and safety of the occupants unless adequate methods are provided for overcoming said conditions. These hazards include but are not limited to flooding, bad drainage, steep slopes, and rock formations. Those mobile home parks located in identified flood hazard areas shall fully comply with the requirements of the National Flood Insurance and Chapter 15.35 LCC, as now or hereafter amended, or approval of the mobile home park shall be withheld.
(b)
Mobile homes shall be so placed on mobile home lots as to provide:
(i)
A minimum of 10 feet between adjacent mobile homes and between any mobile home and any adjacent building, with the exception of mobile home accessory buildings, within the mobile home park;
(ii)
A minimum of at least three feet between any accessory building on a mobile home lot and any mobile home accessory building on an adjacent mobile home lot; and
(iii)
A distance of eight feet between mobile homes and/or buildings, with the exception of mobile home accessory buildings, shall be allowed in mobile home parks constructed, established, or operating prior to the effective date of these rules and regulations.
(c)
No mobile home shall be placed on a mobile home lot so as to obstruct in any way access to a park street or walkway.
(d)
A mobile home park shall contain a park street which connects each mobile home lot within the mobile home park to a public road, street, or highway. The traveled surface of park streets shall be surfaced with crushed rock, blacktop, concrete, or other suitable material approved by the county engineer. A park street shall have a minimum right-of-way width of 30 feet, and shall be well marked. Mobile home parks constructed pursuant to the approval of the health officer prior to the adoption of the ordinance codified in this chapter may be allowed to maintain park streets in the condition as previously approved if such streets do not present a hazard to the health and safety of persons using them.
(e)
A mobile home park shall contain walkways to and from all community service and recreational facilities. Such walkways shall be adequately surfaced and lighted.
(g)
The occupied area of a mobile home lot may not exceed 75 percent of the total mobile home lot area.
(2)
Sewage Disposal and Water Supply.
(a)
All sewage disposal and water supply systems shall be constructed, maintained, and operated in compliance with the requirements of the Lewis County board of health, Washington State Department of Health, and any other applicable laws, ordinances, or rules and regulations.
(b)
Prior to the approval of any site plan the proposed sewage disposal system(s) and water supply system shall be approved, in writing, by the Lewis County board of health and/or the Department of Health.
(c)
All public water systems serving mobile home parks shall comply with the specifications of the standards of the Lewis County board of health, and the Department of Health and Department of Ecology or if connecting to an existing Class I water system shall comply with the design and construction standards of that water system. All public water systems shall comply with the standards of the Lewis County board of health and the Washington State Department of Health and Department of Ecology.
(d)
All public sanitary sewer systems serving mobile home parks shall comply with the standards of the Department of Health and the Department of Ecology.
(3)
Surface Drainage. All surface drainage methods and systems shall satisfy the requirements of the Lewis County Engineer and public works division.
(Ord. 1051 Art. VI, 1977; Ord. 1051 Amendment 1, 1980; Ord 1051 Amendment 3, 1987; Ord. 1157, 1998)
(1)
Completion of Minimum Improvements. Following the approval of a site plan application by the board and prior to the occupancy of the mobile home park, the developer shall have all utilities installed and operational and complete all park street construction and surfacing in accordance with all those elements and requirements set forth upon the site plan.
(2)
Inspection of Mobile Home Parks. Upon completion of the required minimum improvements the developer shall request an operational inspection from the Lewis County planning department. The planning director or his designated representative shall determine satisfactory compliance with the provisions of this chapter and those elements and requirements set forth upon the site plan and notify the developer of their findings in writing within seven days. If satisfactory compliance has not been made the developer shall be notified of those requirements necessary to be certified for occupancy.
(3)
Improvements and Inspections for Phased Development. Those approved site plan applications which have proposed phased development may complete the required minimum improvements required by this chapter and all those elements and requirements set forth upon the site plan and request operational inspections for those individual portions designated for such development on the plan.
(Ord. 1051 Art. VII, 1977; Ord. 1051 Amendment 1, 1980; Ord 1051 Amendment 2, 1980; Ord. 1157, 1998)