[HISTORY: Adopted by the City Council of the City of Lebanon 9-19-1973
by Ord. No. 26-A. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 36.
This chapter provides for the definition and regulation of mobile home
and mobile home parks in the city, establishing minimum standards governing
the construction and maintenance of mobile home parks, establishing minimum
standards governing the provided utilities and facilities and any other physical
aspects relative to safe, sanitary, reasonable conditions for human habitation;
fixing the responsibilities and duties of owners and operators of mobile home
parks, authorizing the inspection of mobile home parks and fixing penalties
of the violation thereof, and promoting the general health, safety and welfare
of all persons regulated therein.
For the purpose of this chapter, the following words and phrases shall
be strictly construed as to the following definitions:
The City Manager or any other duly authorized person.
A single family residential unit designed and built to be towed on
its own chassis; comprised of frame and wheels, connected to utilities, and
designed without a permanent foundation for year-round living. A unit may
be folded, collapsed or telescoped when towed and expanded later to provide
additional capacity. This is not to include sectional, double-wide factory
built modular housing.
Any parcel of land of not less than 10 acres whereon two or more
mobile homes are located for dwelling purposes and which is held open to the
public for the parking or placement of mobile homes.
A written license to operate a mobile home park that shall be issued
annually subject to complete compliance with this chapter by mobile home park
operator(s). Said permit shall be issued by the Building Inspector subject
to final approval by the Planning Board.
An area designated for the placement and support of one mobile home
and its occupants; a lot of specified total land area.
Any vehicle designed, used or intended to be used for temporary living
quarters for travel, recreational or vacation purposes. Said vehicles shall
not be construed to be regulated by this chapter.
All mobile home parks in existence on the effective date of this amendment shall within 90 days thereafter obtain the permit required in § 106-5 and shall comply with the requirements of this chapter, except that the Planning Board shall, upon application of the owner or lessee, waive such requirements that require prohibitive reconstruction costs, provided that such waiver does not effect or alter the minimum health, safety or general welfare provisions of this chapter. All mobile home parks must comply with the minimum New Hampshire State Department of Health requirements. No nonconforming use that has been discontinued for more than six consecutive months shall be reestablished except in conformity with this chapter.
A.
No person, partnership, association or corporation being
the owner, lessee or occupant of any land within the City of Lebanon shall
construct, maintain, operate or alter any mobile home park within the City
of Lebanon unless he/she holds a validly issued permit.
B.
The Building Inspector shall issue such permits upon
application only and shall be contingent upon:
(1)
Compliance with all state statutes pertaining to mobile
homes and mobile home parks and the general health, safety and welfare.
(2)
Compliance with all the terms of this chapter and any
other city ordinances that are pertinent.
(3)
A complete status report by the Building Inspector to
the Planning Board on all areas pertinent to this chapter.
(4)
A public hearing on the application.
(5)
Final approval by the Planning Board after a full consideration
as to whether the application's approval would serve the best interests of
the City of Lebanon.
C.
Each application for a license (permit) for a mobile
home park shall be in writing and signed by the applicant. The application
shall state:
(1)
The name(s) and address of the applicant.
(2)
The owner(s) of the premises upon which the park is to
be located.
(3)
The name(s) and address of any party(ies) having greater
than a 10% interest in the park if the owners are a partnership, association
or corporation.
(4)
A complete legal description of the land upon which the
park is to be located.
(5)
The number, location and size of all mobile home spaces.
(6)
All boundaries of the park.
D.
All applications shall be filed in triplicate with the
City Clerk.
E.
All applications shall be accompanied by three complete
sets of plans and specifications prepared and certified by a New Hampshire
registered architect or a New Hampshire licensed professional engineer. Such
plans shall show the date thereof and the name of the applicant, be drawn
to a scale of 20 feet to one inch, show contours of two-foot intervals, indicate
the North point thereof and shall show and identify:
(1)
The major physical features of the land within the park,
including all watercourses, marshes and floodplains, all wooded areas.
(3)
All proposed development within the park, including but
not limited to:
(a)
Entrance, exits, streets and walkways with the widths
thereof.
(b)
Each lot, driveway, parking area, refuse collection areas
with suitable dimensions thereof.
(c)
Structures and improvements.
(d)
Grading and landscaping.
(e)
Stormwater drainage.
(f)
Utilities and service facilities.
(g)
Public improvements both existing and proposed.
(h)
Exterior lighting.
F.
All applications must be accompanied with an original
application fee of $100.
A.
All licenses are renewable annually and are nontransferable
and nonassignable.
B.
Upon compliance with the following conditions and upon
application, the Building Inspector shall issue all renewals of mobile home
park licenses:
(1)
Compliance with all state laws pertaining to the general
health, safety and welfare.
(2)
Compliance with all the terms of this chapter.
(3)
An annual written status report by the Building Inspector
to the Planning Board on all areas pertinent to this chapter.
(4)
Final approval of the Planning Board.
C.
If the applicant for a renewal license is not the holder of the previous license, the renewal application must be accompanied by the documents required in § 106-5 of this chapter; unless a full or partial waiver of said requirements is granted by the Planning Board after full consideration of all relevant factors.
The Building Inspector is hereby authorized and directed to make inspections
to determine the condition of mobile home parks located in the City of Lebanon
in order that he/she may perform his/her duty of safeguarding the health and
safety of the occupants of the mobile home parks and of the general public.
The Building Inspector or his/her duly authorized representative shall have
the power to enter at reasonable times upon any private or public property
for the purpose of inspecting and investigating conditions relative to the
enforcement of this chapter.
A.
Location. Mobile home parks may be located in the Residential
- Family Zone only, subject to review and approval of the Planning Board.
B.
No mobile home park may be located closer than 200 feet
to any public highway.
C.
Each mobile home space must be a minimum of 10,000 square
feet.
D.
There must be a minimum of 30 feet between each mobile
home, in any direction.
E.
Each mobile home must be at least 50 feet from an adjacent
property line.
F.
Only one mobile home shall be permitted to occupy any
one mobile home lot.
G.
Multiunit mobile homes shall be required to have one
space for each multiunit.
H.
When applying the footage clearance figures; awnings,
vestibules or other attached added structures shall be considered an integral
part of the mobile home.
I.
It shall be illegal to allow any mobile home to remain
in a mobile home park unless there is a space for it.
J.
A buffer strip to adjacent uses of at least 50 feet shall
be required and shall be appropriately landscaped so as to provide a screen
to adjacent uses.
K.
Hardship provision. The City Council may authorize the
City Manager to issue a permit for a temporary location of a mobile home in
the city in case of hardship. A permit so issued will be limited to a period
of time commensurate with the nature of the hardship up to a period of one
year. Extensions may be granted by the City Council if the extension is deemed
to be in the best interests of the applicant and the city, after a review
of the circumstances of each case. The City Council may terminate any such
permits after 30 days' notice to the holder when, upon recommendation of the
City Manager, it is deemed that the hardship no longer exists.
A.
For fire prevention and protection, every mobile home
park shall be easily accessible from a public highway or street.
B.
Every mobile home park containing more than 20 mobile
homes shall have two points of entry and exit, but no park shall have more
than four such points.
(1)
Every exit and entry shall be so designed and located
as to provide safe and convenient movement of persons and vehicles into and
out of the park.
(2)
All points of entry/exit and all streets within the park
shall intersect at right angles.
(3)
All streets within the park shall have a roadway of at
least 30 feet and must be hard paved a minimum width of 24 feet. If on-street
parking is allowed, all roadways on which on-street parking is allowed shall
have a minimum width of 40 feet.
(4)
All streets shall be free of any material which would
impede visibility and safe travel thereon.
(5)
All streets shall be well drained, adequately graveled
and paved, and maintained in good condition.
(6)
All streets shall be lighted at night with a light intensity
of not less than two foot candles.
C.
Every mobile home park must provide adequate off-street
parking for each mobile home space therein.
A.
Water supply requirements. An accessible, adequate, safe
and potable supply of water shall be provided in each mobile home park. A
minimum of 125 gallons per day shall be available for each mobile home space.
The development of an independent water supply to serve the park shall be
made only after express approval has been granted by the Building Inspector.
C.
Sewage disposal. Mobile home parks shall be served by
a public sewer system or by a private disposal system which meets the sewer
requirements of the state and city. Each mobile home space shall be provided
with a satisfactory sewer connection. All sewage disposal apparatus, including
appurtenances thereto, shall be provided, maintained and operated so as not
to create a nuisance or health hazard.
D.
Refuse and garbage disposal. The storage, collection
and disposal of refuse in a mobile home park shall not create health hazards,
rodent harborage, insect breeding areas, accident hazards or air pollution.
All refuse and garbage shall be stored in flytight, watertight, rodentproof
containers, which shall be provided in sufficient numbers and capacity to
prevent any refuse from overflowing. Satisfactory container racks or holders
shall be provided by the mobile home park operator and shall be located not
more than 150 feet from any mobile home space.
E.
Recordkeeping. Every mobile home park operator shall
maintain a register containing the names and addresses of every occupant of
the park, the number of people in each unit and their relationship. This record
shall be provided to the City Clerk no later than June 30 each year, and any
changes thereof shall be reported within 60 days. This record shall be available
to any authorized person inspecting the park.
An electrical outlet supplying at least 100 amperes, 220 volts shall
be provided for each mobile home space. The installation shall comply with
the minimum State and City Electrical Codes.[1] Such electrical outlets shall be weatherproof. No power lines
shall be permitted to lie on the ground or to be suspended less than 15 feet
above the ground.
A.
Evictions.
(1)
No mobile home park owner or operator may evict a mobile
home dweller other than for the following reasons:
(a)
Nonpayment of rent.
(b)
Violation of a federal or state law or local ordinance
which may be deemed detrimental to the safety and welfare of other dwellers
in the park and/or the park itself and the owners/operators thereof.
(c)
Violation of any rule or regulation established by the
park owner or operator, provided that the dweller has received prior, written
notice of the rules and regulations.
(d)
Where the dweller holds over or continues in possession
after the expiration of his/her term and demand for possession by the park
owner or operator.
(e)
Termination of the use of the park for mobile home purposes,
provided that all mobile home dwellers receive written notice of said termination
a reasonable time prior to said termination.
(2)
Additional grounds for eviction proceedings may be established
in a written lease agreement between the park owner or operator and a mobile
home dweller in addition to those established by law.
B.
A copy of all rules and regulations shall be delivered
by the park owner or operator, providing all the terms set forth between the
parties, to the mobile home owner prior to signing the lease or entering into
a rental agreement. A copy of said rules and regulations shall also be posted
in a conspicuous place in the park.
C.
No mobile home park owner or operator shall require a
resident therein to purchase from said owner or operator underskirting, equipment
for tying down mobile homes, or any other equipment required by law, local
ordinances or regulations of the park. However, the park operator may determine
by rule or regulations the style or quality of such equipment to be purchased
by the tenant from the vendor of the tenant's choice.
D.
No park operator shall charge any resident who chooses
to install an appliance of any type in his/her mobile home an additional fee
unless that fee reasonably reflects the cost of the installation, use or maintenance
of said appliance to the park owner or operator; or to restrict the installation,
use or maintenance of said appliance, or to restrict the making of any interior
improvements in the mobile home, so long as the installation or improvement
is in compliance with the applicable Building Codes and other provisions of
law.
E.
Fees, charges and assessments.
(1)
A mobile home park operator shall be required to fully
disclose in writing all fees, charges, assessments, rules and regulations
prior to a mobile home dweller assuming occupancy in the park. No fees, charges
or assessments so disclosed may be increased or rules and regulations changed
by the park operator without 30 days prior, written notice to the tenant,
unless specifically provided for in the written lease.[1]
(2)
Failure on the part of the park operator to fully disclose
all fees, charges or assessments shall prevent the park operator from collecting
said fees, charges or assessments, and refusal by the tenant to pay any undisclosed
charges shall not be used by the park operator as a cause for eviction in
any court of law.
F.
Donations and gifts.
(1)
No park owner may, directly or indirectly, receive, collect
or accept from another person any donation, gratuity, bonus or gift in addition
to lawful charges, upon the representation, understanding or statement that
compliance with the request or demand therefor will facilitate, influence
or procure an advantage over others in entering into an agreement, either
oral or written, for the rental or lease of a space within a mobile home park.
No park operator may refuse to enter into such agreement unless he/she receives
a donation, gratuity, bonus or gift either directly or indirectly, nor may
the park operator aid or abet or request or authorize any other person to
violate any of the provisions of this section.
(2)
In any action by any person to recover any donation,
gratuity, bonus or gift acquired by another in violation of the provisions
of this chapter, the court, upon finding for such person, shall award recovery
of double the value of such donation, gratuity, bonus or gift, together with
the costs of the action.
G.
No mobile home park shall deny any resident of such mobile
home park the right to sell said resident's mobile home within the park or
require the resident to remove the mobile home from the park solely on the
basis of the sale thereof. The park may reserve the right to approve the purchaser
of said mobile home as a tenant, but such permission shall not be unreasonably
withheld. The park may not exact a commission or fee with respect to the price
realized by the seller unless the park operator has acted as agent for the
seller in the sale pursuant to a written contract.
H.
A mobile park owner or operator shall be required:
I.
Any provision of a lease or other agreement whereby any
provision of this chapter is waived shall be deemed against public policy
and shall be void.
In any case where a provision of this chapter is found to be in conflict
with a provision of any ordinance or code of the City of Lebanon existing
on the effective date of this chapter, the provision which establishes the
higher standard for the promotion and protection of the health and safety
of the people shall prevail.
A.
Fine. Violation of any provision of this chapter may subject the violator upon conviction to the penalty provided in Chapter 1, General Provisions; or
B.
Revocation of license. If a police officer, the Building
Inspector or any other authorized representative of the City of Lebanon finds
that any mobile home park is in violation of any of the provisions of this
chapter, he/she may report these facts to the City Manager who may direct
the City Clerk to serve an order in writing upon the holder of the license
directing that the conditions specified in the complaint be remedied within
10 days after date of service of such an order. If such conditions are not
corrected within the ten-day period, the City Manager may serve notice to
the holder of the license to appear before the Planning Board at a time to
be specified in the notice to show cause why such license should not be revoked.
The Planning Board, after a hearing at which testimony of witnesses may be
taken and the holder of the license has been heard, may revoke such license.
