This chapter shall be known and may be cited as the "Mobile Homes and Mobile Home Courts Ordinance of the City of Lackawanna, New York."
The purpose of this chapter is to provide basic and uniform standards in terms of performance objectives implemented by specific requirements governing the construction, occupancy and maintenance of mobile homes and mobile home courts and to establish reasonable safeguards for the safety, health and welfare of the occupants and users thereof.
This chapter shall apply to mobile homes used, or intended to be used, for year-round dwelling accommodations in fixed locations and to mobile home courts.
A. 
The provisions of this chapter shall supersede local laws, ordinances, codes, or regulations to the extent that such laws, ordinances, codes, or regulations are inconsistent with the provisions of this chapter; provided that nothing herein contained shall be construed to prevent the adoption and enforcement of laws, ordinances, or regulations which are more restrictive or which establish higher standards than those provided in this chapter, and such more restrictive requirements or higher standards shall govern during the period in which they are in effect.
B. 
In a case where a provision of this chapter is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire, safety, health, water supply or sewage disposal law or ordinance, or regulation adopted pursuant thereto, or local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
A. 
Installations, alterations and repairs to mobile homes and mobile home courts and materials, assemblies and equipment utilized in connection therewith shall be reasonably safe to persons and property and shall comply with applicable statutes of the State of New York and orders, rules and regulations issued by authority thereof.
B. 
Except as otherwise provided in this chapter, conformity of installations, alterations and repairs of mobile home court buildings and their accessory structures and of materials, assemblies and equipment utilized in connection with such buildings and structures with the applicable requirements of the New York State Uniform Fire Prevention and Building Code shall be prima facie evidence that such work, material, assembly or equipment is reasonably safe to persons and property.
[Amended 2-18-2009; 6-2-2014; 5-5-2016; 10-16-2017]
A. 
No mobile homes or housing shall be placed anywhere in the City of Lackawanna except in a mobile home court as defined herein.
B. 
No recreational vehicles, coaches, house trailers (travel or vacation), buses, boats or boat and trailer combinations may be parked on City streets, stored or left standing in the front yard of any lot containing a one-family or multifamily residence in the City of Lackawanna.
C. 
Notwithstanding Subsection B above, recreational vehicles, coaches, house trailers (travel or vacation), buses, boats or boat and trailer combinations may be allowed to be parked within the driveway of any lot containing a one-family or multifamily residence in the City of Lackawanna between May 1 and October 31. Furthermore, any of the aforementioned vehicles described in this subsection must be in good working order and legally registered in accordance with New York State Department of Motor Vehicles regulations to remain so parked.
D. 
No recreational vehicles, coaches or house trailers (travel or vacation), buses, boats or boat and trailer combinations may be allowed to be parked or stored within lots containing one-family or multifamily residence in the City of Lackawanna between November 1 and April 30, except in accordance with Subsection E below.
E. 
This section does not apply to the rear portion of any lot described herein, provided that said boat, trailer, or other vehicles described in Subsection B above are parked or stored more than 10 feet from any one-family or multifamily residence in the City of Lackawanna.
F. 
At no time shall any person live or sleep, permanently or temporarily, in any of the aforementioned vehicles in Subsection B while they are parked or stored within any portion of the lot or driveway.
G. 
In addition to restrictions set forth in this section, no vehicle longer than 240 inches, inclusive of load and bumper, or wider than 84 inches or higher than 84 inches, as measured from the underside of the tire to the top of the vehicle, shall be parked on any City street, stored or left standing in the front yard of any lot containing a one-family or multifamily residence in the City of Lackawanna.
H. 
The provisions of Subsection G shall not apply to vehicles engaged in making pickups, deliveries or rendering services in or upon any property adjacent or abutting the street where said vehicles are parked.
The provisions of this chapter shall be administered and enforced in accordance with Chapter 139, insofar as said chapter is applicable to the provisions of this chapter.
No person shall maintain or operate a mobile home court which falls within the purview of Chapter 7 of the New York State Sanitary Code without first having obtained a permit from the State or County Health Department office having jurisdiction and from the appropriate departments of the City.
The following definitions shall apply in the interpretation of this chapter:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the mobile home, and which is attached thereto or located on the same mobile home lot. Accessory structures include, but are not limited to, portable, demountable or permanent enclosures, shade structures and carports.
APPROVED
Approved by the Director of Development under the regulations of this chapter, or approved by an authority designated by law or this chapter.
COMMUNITY AREA
An area or space within a mobile home court, including fences, walls, and other minor constructions, which is designed for joint use of occupants or restricted to nonresidential use.
COMMUNITY STRUCTURE
A structure within a mobile home court providing laundry, toilet, recreation, parking or other common facilities, including management office and storage buildings.
GENERALLY ACCEPTED STANDARD
A specification, code, rule, guide or procedure in the field of construction of mobile homes or mobile home courts or related thereto, recognized and accepted as authoritative.
HABITABLE SPACE
Space used for living, sleeping, eating or cooking purposes; excluding kitchenettes, bathrooms, toilet rooms, storage spaces and enclosures for equipment installations.
MECHANICAL SYSTEMS AND EQUIPMENT
Mobile home electrical, plumbing, heating, ventilating, air-conditioning systems and equipment used for living purposes, including cooking and refrigeration equipment.
MOBILE HOME
A movable living unit equipped with a chassis and provided with the following mechanical systems and equipment: plumbing, heating, electrical, cooking, and refrigeration. (See definition of "trailer.")
MOBILE HOME COURT
A parcel of land which has been planned and improved for the placement of two or more mobile homes.
MOBILE HOME LOT
A designated site within a mobile home court for the exclusive use of the occupants of a single mobile home.
MOBILE HOME STAND
That part of an individual mobile home lot which has been reserved for the placement of the mobile home.
PATIO
A paved outdoor living space designed to supplement the mobile home living area.
STORAGE LOCKER
An enclosed space designed to provide auxiliary general storage space for an individual mobile home.
TRAILER (TRAVEL OR VACATION)
A movable living unit equipped with a chassis but lacking any of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. (See definition of "mobile home.")