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CHAPTER 11   

MANUFACTURED HOUSING, MOBILE HOMES,

TRAVEL TRAILERS AND PARKS*

*Cross reference(s)--Housing code adopted, § 4-140; fire prevention standards adopted, § 7-51 et seq.

State law reference(s)--Mobile homes and manufactured housing, Vernon's Ann. Civ. St. art. 5221f.

 

Art. I  In General, §§ 11-1--11-24
           
Secs. 11-1--11-24.  Reserved.

Art. II Manufactured Homes, §§ 11-25--11-156
            Div. 1. Generally, §§ 11-25–55
                       
Sec. 11-25.      Definitions.
                       
Sec. 11-26.      Moving, replacement, substitution of occupied or
                                                  connected homes and  restricted.
                       
Sec. 11-27.      Location of manufactured homes.
                       
Sec. 11-28.      Variances.
                       
Sec. 11-29.      Restrictions on occupancy.
                       
Sec. 11-30.      Travel trailers outside of manufactured home or
                                                  mobile home parks.
                       
Secs. 11-31--11-55.    Reserved.

Art. III Parks
           
Div. 1. Permits, §§ 11-56--11-85
                       
Sec. 11-56.      Construction permit--Required.
                       
Sec. 11-57.      Same--Application.
                       
Sec. 11-58.      Other construction related permits.
                       
Sec. 11-59.      Parking permit--Prerequisite to occupancy.
                       
Sec. 11-60.      Same--Prerequisite to utilities connection.
                       
Sec. 11-61.      Same--Period; application; fee.
                       
Sec. 11-62.      Special permit fee; renewal.
                       
Secs. 11-63--11-85.    Reserved.
            Div. 2. Licenses, §§ 11-86--11-115
                       
Sec. 11-86.      Required.
                       
Sec. 11-87.      Occupying unlicensed park prohibited.
                       
Sec. 11-88.      Period; fees.
                       
Sec. 11-89.      Appeal of denial.
                       
Sec. 11-90.      Revocation or suspension of license, disconnection
                                                  of utilities--Grounds.
                       
Sec. 11-91.      Same--Reinstatement of suspended license.
                       
Sec. 11-92.      Same--New license to original licensee after
                                                  revocation.
                       
Sec. 11-93.      Same--New license to third party after suspension or
                                                   revocation.
                       
Sec. 11-94.      Appeals generally.
                       
Sec. 11-95.      Responsibilities of the manufactured home or mobile
                                                   home park licensee.
                       
Sec. 11-96.      Responsibilities of park occupants.
                       
Secs. 11-97--11-115.  Reserved.
            Div. 3. Inspection, §§ 11-116--11-140
                       
Sec. 11-116.    Required.
                       
Sec. 11-117.    Authority granted by acceptance of license.
                       
Sec. 11-118.    Obstructing inspector or licensee; appeal by
                                                  occupant authorized.
                       
Secs. 11-119--11-140.  Reserved.
            Div. 4. Requirements, §§ 11-141--11-154
                       
Sec. 11-141.    Density restrictions.
                       
Sec. 11-142.    Utilities connections--Required of occupants.
                       
Sec. 11-143.    Same--Operator's duty.
                       
Sec. 11-144.    Environmental, open space and access requirements
                                                   generally.
                       
Sec. 11-145.    Soil and ground cover requirements.
                       
Sec. 11-146.    Site drainage requirements.
                       
Sec. 11-147.    Required separation between homes and other
                                                  structures in parks.
                       
Sec. 11-148.    Required recreation areas.
                       
Sec. 11-149.    Required setbacks, buffer strips and screening in
                                                  parks.
                       
Sec. 11-150.    Street system.
                       
Sec. 11-151.    Street construction and design standards.
                       
Sec. 11-152.    Required off-street parking areas.
                       
Sec. 11-153.    Stands; tie-downs.
                       
Sec. 11-154.    Water supply.

 

ARTICLE I.   IN GENERAL 

Secs. 11-1--11-24.  Reserved. 

 

ARTICLE II.  MANUFACTURED HOMES

DIVISION 1. GENERALLY

Sec. 11-25.      Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)        Annual parking permit shall mean a permit required for any manufactured home, mobile home or travel trailer which is occupying a stand in a mobile home or manufactured home park or on a mobile home or manufactured home lot and which permit is valid for the period from January first through December thirty-first of the year of issuance.

(2)        Cash shall mean United States currency or coin or a cashier's certified check or a postal money order.

(3)        Construction permit shall mean the permit required for the construction, alteration or extension of any mobile home or manufactured home park in the city.

(4)        Construction permittee shall mean the person to whom a construction permit has been issued.

(5)        Current parking permit shall mean a valid, unexpired, annual, semi-annual or temporary parking permit.

(6)        Expandable room shall mean an enclosed or semi-enclosed room or roofed portion which expands outward from the basic manufactured home or mobile home by means of rollers, hinges or other devices or arrangements but which is designed as a structural portion of the manufactured home or mobile home and which is carried on, or within, the manufactured home or mobile home while traveling.

                        (7)        HUD-code manufactured home shall mean a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (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 term does not include a recreational vehicle as that term is defined by 24 CFR section 3282.8(g).

(8)        Label shall mean a metal inspection label or plate which has been permanently affixed by the manufacturer or by an approved testing agency to a manufactured home, mobile home or travel trailer or to equipment used in connection therewith and which contains a serial number, if required, the specifications of the vehicle or the equipment to which it is attached and which refers to any standards that have been met in the construction of such vehicle or equipment.

(9)        License shall mean a manufactured home or mobile home park operator's license.

(10)      Licensee shall mean the person to whom a manufactured home or mobile home park operator's license has been issued.

(11)      Manufactured housing or manufactured home shall mean a HUD-code manufactured home or a mobile home and collectively means and refers to both.

(12)      Manufacturer shall mean the manufacturer of a manufactured home, mobile home or travel trailer.

(13)      Mobile home shall mean a structure that was constructed before June 15, 1976, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (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.

(14)      Mobile home or manufactured home lot shall mean a parcel or tract of land for the placement of a single mobile home and the exclusive use of its occupants. This is to be distinguished from a mobile home stand and site located within a mobile home park.

(15)      Mobile home or manufactured home park shall mean a tract or parcel of land used for rental occupancy by two (2) or more mobile homes.

                        (16)      Mobile home or manufactured home sales lot shall mean a parcel or tract of land which is used by a mobile home or manufactured home dealer for the sale, lease or renting of manufactured homes, mobile homes or travel trailers.

(17)      Mobile home or manufactured home stand shall mean that part of a mobile home or manufactured home park which has been improved for the placement of the mobile home or manufactured home including all the required appurtenant structures and having provision for available utility connections.

(18)      Occupant shall mean the person who occupies a mobile home, manufactured home or travel trailer in a mobile home or manufactured home park or on a manufactured home or mobile home lot.

(19)      Overnight parking shall mean the use of a mobile home or manufactured home park or mobile home or manufactured home lot for a period not to exceed seven (7) days by a travel trailer or mobile home, provided that if such use exceeds seven (7) days, a valid annual, semi-annual or temporary parking permit is required and the beginning date shall be the initial date of occupancy of the mobile home or manufactured home park or lot. No permit or fee shall be required by the city for the temporary use of a mobile home or manufactured home park or lot for a period of seven (7) days or less.

(20)      Owner shall mean the owner or lessee, whether one (1) or more, of the premises on which a mobile home park or manufactured home or a mobile home or manufactured home lot is operated when such person is not a licensee.

(21)      Parking permit shall mean an annual, semi-annual or temporary parking permit.

(22)      Semi-annual parking permit shall mean a permit required for any manufactured home, mobile home or travel trailer which has been placed upon a stand in a manufactured home, mobile home park or on a manufactured home or mobile home lot and which is valid for the period from January first through June thirtieth or for the period from July first through December thirty-first of the year of issuance.

(23)      Service building shall mean a structure housing toilet facilities, lavatories, bathing facilities, and such other facilities as may be required or permitted under the provisions of this article and which is used in connection with the operation of a manufactured home or mobile home park.                       

                        (24)      Sewer connections shall mean the connections consisting of the pipes, fittings and appurtenances from the drain outlet of the manufactured home or mobile home or travel trailer to the inlet of the corresponding sewer riser pipe of the sewerage system serving the manufactured home or mobile home park.

(25)      Sewer riser shall mean that portion of the pipe of the sewer lateral which extends vertically to the ground elevation and terminates at each manufactured home or mobile home stand.

(26)      Temporary parking permit shall mean a permit which may be used in lieu of an annual or a semi-annual parking permit and which is valid for thirty (30) days from the date of issuance.

(27)      Travel trailer shall mean a portable vehicle built on a chassis and designed as a temporary dwelling for travel, recreation and vacation use and which has been permanently identified by the manufacturer. When such a vehicle has been equipped by the manufacturer for use on public streets and highways, the body of such vehicle shall not exceed eight (8) feet in width, but may be of any length, provided its gross weight does not exceed four thousand five hundred (4,500) pounds, or a travel trailer may be of any height, provided it does not exceed four thousand five hundred (4,500) pounds. The term "travel trailer" shall also be deemed to include all other portable contrivances other than mobile homes used or intended to be used generally for living and sleeping quarters and which may be moved under its own power, towed or transported by another vehicle.

(28)      Utilities shall mean the water, sewage, gas or electrical distribution system which are available for connection to manufactured homes, mobile homes or travel trailers in manufactured home or mobile home parks.

(29)      Utility connection shall mean the connection of available utilities in a mobile home or manufactured home park or on a mobile home lot to a manufactured home or mobile home or travel trailer placed on a manufactured home or mobile home stand in a manufactured home or mobile home park or on a manufactured home or mobile home lot.

(30)      Vehicle shall mean a manufactured home, mobile home or travel trailer, unless the context in which the word is used indicates that another meaning is intended.

(31)      Water connection shall mean the connection of the pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe for the water distribution system of a manufactured home, mobile home or travel trailer.

(Code 1977, § 10-1)

Cross reference(s)--Definitions and rules of construction generally, § 1-2.

 

Sec. 11-26.      Moving, replacement, substitution of occupied or connected homes and  restricted.

It shall be unlawful to bring into, locate, own, possess, keep, situate, maintain, or move into the city any manufactured home, mobile home or travel trailer which is either (a) to be occupied or (b) to be connected to the available utilities, except under any one of the following circumstances:

(1)        The manufactured home, mobile home or trailer is located within a duly licensed and operated mobile home park in compliance with the provisions of this chapter; 

(2)        The manufactured home, mobile home or travel trailer in question was situated within the City on December 31, 1977, provided, however, that any exemption under this section shall terminate in the event the manufactured home, mobile home and/or trailer is moved, relocated, abandoned or vacated subsequent to such date;

(3)        The City Council has authorized a variance for the manufactured home, mobile home or trailer in question in accordance with Section 11-27 of the Code of Ordinances of the City of West Columbia, provided, however, that a manufactured home, mobile home or trailer located within the city under such a variance is nevertheless subject to termination of that variance as provided in Section 11-27(c);

(4)        The manufactured home, mobile home or travel trailer is situated within the boundaries of Lots 7, 13, 14, 16, 17, 18, 20, 21, 22, 23, 24, 25, and 26 in the Mooney Hall Subdivision;

(5)        If the manufactured home, mobile home or travel trailer being moved, replaced or substituted for has been either damaged or destroyed by fire, storm or other natural catastrophe, then such home or trailer may be moved, replaced or substituted for in the same location as that which was previously occupied by the damaged or destroyed home or trailer; or

(6)        If the manufactured home, mobile home or travel trailer is replaced by its owners with a manufactured home, mobile home or travel trailer which is of a condition, grade, quality and size such that the new home and/or trailer constitutes an improvement over the home or trailer so replaced, provided that all such replacements or substitutions must be completed within thirty (30) days from the date the home or trailer replaced or substituted for is removed from its original location.

 

(Code 1977, § 10-13.1; Ord. No. 399, § 1(a), 12-10-90; Ord. No. 474, §2, 2/8/99, section substantially changed) 

Sec. 11-27.      Location of manufactured homes.

(a)        No manufactured home or mobile home shall be parked in violation of any enforceable deed restriction or covenant.

(b)        Where otherwise permitted, a manufactured home or mobile home may be parked on a vacant lot, or plot outside a mobile home park, provided that the lot or plot has five thousand (5,000) square feet of land. The manufactured home or mobile home shall be set back a minimum of twenty-five (25) feet from any public street right-of-way line and five (5) feet from any side or back lot line.

(c)        Not more than one (1) mobile home shall be parked on a vacant lot or plot without first obtaining a manufactured home or mobile home park license. Such lot or plot shall contain a minimum of five thousand (5,000) square feet. Any manufactured home or mobile home placed on such a lot or plot shall meet the minimum standards for plumbing, fuel and electrical systems outlined or referred to in this article.

(d)        A manufactured home or mobile home may be parked adjacent to a residence or place of business, provided a spacing of ten (10) feet from the nearest building, on the same property, is maintained and five (5) feet from any interior property lines, or not less than twenty-five (25) feet setback from a street. Not more than one (1) manufactured home or mobile home shall be parked on the same lot or plot with a residence or commercial building, without first obtaining a manufactured home or mobile home park license. No manufactured home or mobile home shall be parked adjacent to a residence or place of business where such placement would create a hazard to life, safety or health.

(e)        All manufactured homes or mobile homes located outside a manufactured home or mobile home park or manufactured home or mobile home sales park for more than forty-eight (48) hours shall be connected to all required utilities, and permits shall be obtained from the building official for a foundation, driveway, plumbing and electricity.

(f)        Any manufactured home or mobile home located outside manufactured home or mobile home parks will be connected by separate and individual water and sewer taps to city services where such services are available.

(g)        Parking permit fees for a single manufactured home or mobile home located outside manufactured home or mobile home parks shall be the same as fees for manufactured homes or mobile homes inside manufactured home or mobile home parks, except that a license fee will not be required.

(h)        The building official may permit the temporary parking of a manufactured home or mobile home in a location outside an approved and licensed manufactured home or mobile home park for a period in excess of forty-eight (48) hours, provided such manufactured home or mobile home shall not be occupied.

(i)         All manufactured homes or mobile homes located outside a manufactured home or mobile home park must be underskirted with materials designed for such purposes.

(j)         Any additions built to a manufactured home or mobile home including, but not limited to, porches, garages, carports and additional rooms, must be constructed of all new materials and must conform to building codes.

(k)       All manufactured homes or mobile homes, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this chapter and other regulations, pamphlets or data made a part hereof when installed, repaired or altered, shall be maintained in good working order. The owner or occupant shall be responsible for the maintenance of the manufactured home or mobile home.

(Code 1977, § 10-50; Ord. No. 399, § 1(c), 12-10-90)

Cross reference(s)--Stopping, standing and parking regulations, § 18-151 et seq.

Sec. 11-28.      Variances.

(a)   The City Council may authorize a variance from the requirements, provisions and prohibitions set forth in of sections 11-59 through 11-62, and section 11-144 of the Code of Ordinances, when in its opinion undue hardship will result from requiring strict compliance. In granting a variance, the City Council shall prescribe only conditions that it deems necessary or desirable to the public interest. In making the finding hereinbelow required, the City Council shall take into account the nature of the proposed use of the manufactured home, mobile home or travel trailer location involved; and existing uses of land in the vicinity; thenumber of persons who will reside in the proposed manufactured home, mobile home or travel trailer; and the probable effect of such variance upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the City Council finds:                                   

                                    (1)        That there are special circumstances or conditions affecting the situation involved, such that the strict application of such sections would work a hardship upon the applicant; 

(2)        That the granting of the variance will not be detrimental to the public health, safety, welfare, or injurious to other property in the area;

(3)        That the granting of the variance will not have the effect of preventing the orderly use of other land in the area in accordance with the provisions of this article and chapter of this Code; and

(4)        That the applicant has obtained the written consent to the variance from the owners of each tract abutting on the property where the mobile home, manufactured home or travel trailer is to be placed. For the purpose of this provision, the property shall be deemed to include the centerline of any streets, highways, or public rights-of-way on which it abuts.

(b)        Such findings of the council, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the City Council. Such variance shall be granted for an indefinite period of time for only the mobile home, manufactured home or travel trailer in question.

(c)        Any variance granted under this section shall automatically terminate and require the granting of an additional variance in the event of either (1) any substitution or replacement of the manufactured home, mobile home or travel trailer with respect to which the original variance was granted or (2) any change in ownership of the manufactured home, mobile home or travel trailer with respect to which the original variance was granted.

(Code 1977, § 10-13.4; Ord. No. 359, § 1, 7-14-86; Ord. No. 474, §1, 2/8/99, language added)

Sec. 11-29.      Restrictions on occupancy.

A manufactured home or mobile home shall not be occupied for dwelling purposes unless it is properly placed on a mobile home stand and connected to water, sewerage and electrical utilities, and other services where required for health, welfare and safety of the occupants.

(Code 1977, § 10-49) 

Sec. 11-30.      Travel trailers outside of manufactured home or mobile home parks.

No travel trailer shall be used as or occupied as a permanent residence except in a licensed manufactured home or mobile home park. Travel trailers so occupied shall comply with American Standard Association pamphlet "A 119.2-1963 Plumbing, Heating and Electrical Systems in Travel Trailers.”  For the purposes of this section, any continuous occupancy of a travel trailer for a period in excess of ninety days shall be considered permanent. 

(Code 1977, § 10-51) 

Secs. 11-31--11-55.    Reserved. 

ARTICLE III.  PARKS 

DIVISION 1.  PERMITS*

*Cross reference(s)--Building permits and miscellaneous fees, § 4-86 et seq.

Sec. 11-56.      Construction permit--Required.

It shall be unlawful for any person to construct, alter or extend any manufactured home or mobile home park within the city unless he shall first have obtained a manufactured home or mobile home park construction permit therefor from the city.

(Code 1977, § 10-2) 

Sec. 11-57.      Same--Application.

Application for a construction permit for a manufactured home or mobile home park shall be made to the city secretary. The following information and items shall be furnished.

(a)        Name and address of applicant.

(b)        Interest of the applicant in the manufactured home or mobile
                                     home park.

(c)        Location and legal description of the park.

(d)        Complete engineering plans and specifications for the proposed park showing:

(1)        The area and dimensions of the tract of land.

(2)        A plat or map of the proposed park showing the number, locations and size of all mobile home sites, stands, locations and widths of roadways and walkways, service buildings and other proposed structures.

(3)        The location of water and sewer lines and riser pipes. 

(4)        Plans and specifications for the water supply and refuse and sewage disposal facilities.

(5)        Plans and specifications for all buildings to be constructed within the mobile home park.

(6)        The location and details of lighting and electrical systems.

(Code 1977, § 10-3)

Cross reference(s)--Subdivisions, ch. 17. 

Sec. 11-58.      Other construction related permits.

A separate permit shall be required for the building, electrical, plumbing, driveway, sidewalk and other permits when required.

(Code 1977, § 10-4) 

Cross reference(s)--Building and building related permits, § 4-86 et seq. 

Sec. 11-59.      Parking permit--Prerequisite to occupancy.

It shall be unlawful for any person to occupy a manufactured home, mobile home or travel trailer in a manufactured home or mobile home park or lot without first securing a parking permit.

(Code 1977, § 10-9) 

Cross reference(s)--Stopping, standing and parking regulations, § 18-151 et seq.

 Sec. 11-60.      Same--Prerequisite to utilities connection.

It shall be unlawful for the occupant of a manufactured home, mobile home or travel trailer to connect or permit such vehicle to be connected to the available utilities in a manufactured home or mobile home park or lot or for such vehicle to remain so connected, without first securing a parking permit.

(Code 1977, § 10-10) 

Cross reference(s)--Utilities, ch. 19.

Sec. 11-61.      Same--Period; application; fee.

An annual parking permit shall be valid for the period beginning January first and ending December thirty-first of the year of issuance. Such permit may be issued only by the city and may not be issued by licensees or mobile home dealers. Application for the annual parking permit must be made to the city secretary. A fee which is on file in the city secretary's office shall be paid for the annual permit, which fee will be prorated by allowing a credit for each lapsed month in the period of issuance. Applications may be made by mail to the city secretary. Expressly exempted from the requirements for an annual parking permit are all manufactured homes and/or mobile homes and/or travel trailers on which the owner of such manufactured home and/or mobile home and/or travel trailer has paid ad valorem taxes to the city for the year in question.

(Code 1977, § 10-11) 

Sec. 11-62.      Special permit fee; renewal.

Notwithstanding any provisions in this article to the contrary, a manufactured home, mobile home or travel trailer may be occupied and/or connected to available utilities within the city at a location other than in a manufactured home or mobile home park, for a period not to exceed two (2) weeks, by obtaining a special permit for same from the city secretary. The permit shall be issued only upon the payment, in advance, of a cash permit fee in the amount which is on file in the city secretary's office for the two-week period. This special permit shall be renewable upon the expiration of the initial two-week period for successive periods not to exceed one (1) week each in length, upon the payment, in advance, of a cash permit renewal fee, in the amount which is on file in the city secretary's office per week. The permit renewals shall be applied at the office of the city secretary.

(Code 1977, § 10-13.3) 

Secs. 11-63--11-85.    Reserved.

 

DIVISION 2.  LICENSES*

*Cross reference(s)– Licenses, permits and business regulations, ch. 10.

Sec. 11-86.      Required.

It shall be unlawful to establish, maintain or operate a manufactured home or mobile home park without securing a manufactured home or mobile home park operator's license therefor.

(Code 1977, § 10-5) 

Sec. 11-87.      Occupying unlicensed park prohibited.

It shall be unlawful for any manufactured home or mobile home park occupant to continue occupying a manufactured home, mobile home or a travel trailer located in such park which has not been duly licensed by the city. A ten-day notice of such failure of the owner or operator of an existing manufactured home or mobile home park shall be given to the occupants of such park and failure, refusal or neglect of such occupant to remove his manufactured home, mobile home or travel trailer therefrom, or to cease occupying such manufactured home, mobile home or travel trailer within such ten-day period shall constitute an offense.

(Code 1977, § 10-6)

Sec. 11-88.      Period; fees.

Licenses issued under this division shall be valid for a period of one (1) year beginning January first of each year and shall be renewable annually during the month of December.  A nonrefundable license application investigation fee which is on file in the city secretary's office shall accompany each application for a license, provided such investigation fee will be allowed as a credit upon the license if it is granted.  The license fee and annual license renewal fee shall be on file in the city secretary's office.

(Code 1977, § 10-7) 

Sec. 11-89.      Appeal of denial.

Any person whose application for a license required by this division has been denied by the building official shall have the right to appeal such decision to the City Council.

(Code 1977, § 10-8) 

Sec. 11-90.      Revocation or suspension of license, disconnection of utilities--Grounds.

The building official shall have authority to suspend or revoke any license issued under this division, or to order utility disconnections, for violations of the provisions of this article as follows:

(1)        A license may be suspended for any period of time up to six (6) months for a violation affecting the health, safety or welfare of occupants of a manufactured home or mobile home or of other persons or property.

(2)        A license may be revoked for a violation which is dangerous
                                     to life.

(3)        For a violation of the provisions of this division deemed to require a license suspension or revocation, the utility connection servicing any stand may be disconnected, provided, a utility disconnection may be ordered in connection with a license suspension or revocation as to all or any part of a manufactured home or mobile home park if necessary to protect life or property.

(Code 1977, § 10-17) 

Cross reference(s)--Building official, § 4-66 et seq.; utilities, ch. 19.

Sec. 11-91.      Same--Reinstatement of suspended license.

After the period of suspension, a suspended manufactured home or mobile home park license will be reinstated by the building official upon a showing of ability and willingness by the licensee to comply with the provisions of this article.

(Code 1977, § 10-18) 

Sec. 11-92.      Same--New license to original licensee after revocation.

A person whose license which was issued under this division has been revoked may apply for a new license six (6) months after such revocation by making a new application and paying the required fee therefor. Before granting such new license, the building official shall require the applicant to show ability and willingness to comply with the provisions of this article.

(Code 1977, § 10-19) 

Sec. 11-93.      Same--New license to third party after suspension or revocation.

(a)        No sale, transfer or assignment of a revoked license or of a license during the period of suspension will be recognized by the city; however, a person whose license has been suspended or revoked may sell, transfer or assign his interest in the premises, if any, to another person who may then make application for a license to operate the manufactured home or mobile home park. If it is shown by the applicant that he has had no responsible connection with the park, he will be eligible for the granting of a new license and if a new license is granted, the new licensee may commence to operate the park upon issuance of the license.

(b)        Where a person whose license has been suspended or revoked has no interest in the premises other than by agreement with the owner of the premises, such person may advise the city, in writing, of his withdrawal from any further connection with the manufactured home or mobile home park. If it be shown that the owner has no responsible connection with the actual operation and maintenance of the park, a new application may be made by any person other than the person whose license was revoked and if the new license is granted, the new licensee may commence to operate the park upon issuance of the license.

(Code 1977, § 10-20)

Sec. 11-94.      Appeals generally.

Any revocation or suspension of a license issued under this division, or any order for a utility disconnection, or any decision, order or action taken by the building official may be appealed by any person affected by the decision.

(Code 1977, § 10-21)

Sec. 11-95.      Responsibilities of the manufactured home or mobile home park licensee.

(a)        The person to whom a license for a manufactured home or mobile home park has been issued shall be responsible for operation of such park in compliance with the provisions of this article, and he shall provide adequate supervision to maintain such park, its facilities and equipment in good repair and in a clean and sanitary condition.

(b)        The licensee shall be responsible for notifying park occupants of the applicable provisions of this article.

(c)        The licensee shall be responsible for supervising the placement of manufactured homes or mobile homes on manufactured home or mobile home stands within the manufactured home or mobile home park. The licensee shall be responsible for maintaining a register containing the names of all park occupants. Such register shall be available to any authorized person inspecting the park for the enforcement of this article or any other ordinances of the city.

(Code 1977, § 10-47)

Sec. 11-96.      Responsibilities of park occupants.

(a)        Manufactured home or mobile home park occupants shall comply with all applicable provisions of this article, and such occupant shall maintain his manufactured home or mobile home, manufactured home or mobile home stand, manufactured home or mobile home site and appurtenances and equipment in good repair and in a clean and sanitary condition.

(b)        The manufactured home or mobile home park occupant shall be responsible for the proper placement of his mobile home on the manufactured home or mobile home stand and for proper installation of all utility connections.

(Code 1977, § 10-48)

Secs. 11-97--11-115.  Reserved.

 

DIVISION 3.  INSPECTION

 

Sec. 11-116.    Required.

The inspecting authority shall make such inspections as are necessary to insure compliance with the provisions of this article.

(Code 1977, § 10-14) 

Sec. 11-117.    Authority granted by acceptance of license.

By the acceptance of the license issued under this article, the licensee shall be deemed to authorize the inspection of a manufactured home or mobile home park at all reasonable hours. Such hours shall usually be during normal working hours and failure to permit such inspection shall be a ground for suspension or revocation of the license. Where there is reason to believe a violation may exist before or after the hours of normal inspection, the building official may authorize special inspections at any time; however, nothing herein shall prohibit inspection for valid parking permits at any time.

(Code 1977, § 10-15)

Sec. 11-118.    Obstructing inspector or licensee; appeal by occupant authorized.

Failure or refusal of a manufactured home or mobile home park occupant to permit inspection by the inspecting authority, or to permit the licensee to make necessary repairs or alterations in compliance with the requirements of the inspecting authority, shall constitute a ground for disconnection of the utilities serving such manufactured home or mobile home. The manufactured home or mobile home occupant shall have the right to appeal any decision, order or action of the building official or the inspecting authority by following the same procedure provided for appeals from license denials, suspensions or revocations by the building official.

(Code 1977, § 10-16)

Secs. 11-119--11-140.  Reserved.

 

DIVISION 4.  REQUIREMENTS*

*State law reference(s)--Uniform Standards for mobile homes, Vernon's Ann. Civ. St. art. 5221f.

Sec. 11-141.    Density restrictions.

No more than ten (10) manufactured home or mobile home stands shall be situated per acre of unimproved land. By unimproved land is meant land upon which no roadways or sidewalks have been constructed as well as other types of improvements. In addition to this requirement, all space and distance requirements as elsewhere herein set out shall be observed and complied with so that in the enforcement of this density requirement the more restrictive of the two (2) standards shall be applied in any situation to determine compliance with this section.

(Code 1977, § 10-46)

Sec. 11-142.    Utilities connections--Required of occupants.

It shall be unlawful for any person to occupy a manufactured home, mobile home or travel trailer in a manufactured home or mobile home park or lot unless such vehicle has first been connected to the utilities available in such park or lot.

(Code 1977, § 10-12)

Cross reference(s)--Utilities, ch. 19.

Sec. 11-143.    Same--Operator's duty.

It shall be the responsibility of the manufactured home or mobile home park licensee and lot owner, his agents or employees, to notify the office of the building official when any manufactured home, mobile home or travel trailer is to be connected to the available utilities in the park or lot operated by the licensee. Failure to perform such notification shall constitute an offense.

(Code 1977, § 10-13) 

Sec. 11-144.    Environmental, open space and access requirements generally.

Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

(Code 1977, § 10-22)

Sec. 11-145.    Soil and ground cover requirements.

Exposed ground surfaces in all parts of every manufactured home or mobile home park shall be paved, or covered with stone screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

(Code 1977, § 10-23) 

Sec. 11-146.    Site drainage requirements.

The ground surface in all parts of every manufactured home or mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner.

(Code 1977, § 10-24)

Cross reference(s)--Drainage commission, § 2-111 et seq.; flood prevention and protection, ch. 8.

Sec. 11-147.    Required separation between homes and other structures in parks.

(a)        Manufactured homes or mobile homes shall be separated from each other and from buildings and structures by at least ten (10) feet on the sides and end-to-end clearance of ten (10) feet.

(b)        An accessory structure which has a horizontal area exceeding twenty-five (25) square feet is attached to a manufactured home or mobile home or located within ten (10) feet of its window, and has an opaque top or roof that is higher than the nearest window, shall, for purposes of all separation requirements, be considered to be part of the manufactured home or mobile home.

(Code 1977, § 10-25)

Sec. 11-148.    Required recreation areas.

(a)        In all parks accommodating or designed to accommodate twenty-five (25) or more manufactured homes or mobile homes, there shall be not less than one (1) recreation area which shall be easily accessible to all park residents.

(b)        The size of such recreation areas shall be based upon a minimum of one hundred (100) square feet for each manufactured home or mobile home stand. No outdoor recreation area shall contain less than two thousand five hundred (2,500) square feet.

(c)        Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located, and all pool areas shall be fenced with metal restraining fences.

(Code 1977, § 10-26)

Sec. 11-149.    Required setbacks, buffer strips and screening in parks.

(a)        All manufactured homes or mobile homes shall be located at least twenty-five (25) feet from any property boundary line abutting upon a public street or highway and at least five (5) feet from interior property boundary lines.

(b)        There shall be a minimum distance of ten (10) feet between individual manufactured homes or mobile homes and four (4) feet from adjoining pavement of a park street or common parking area or other common areas.

(c)        All manufactured home or mobile home parks located adjacent to industrial, commercial or residential land uses shall be provided with screening such as fences or natural growth along the property boundary lines separating the park and such adjacent nonresidential uses.

(Code 1977, § 10-27)

Sec. 11-150.    Street system.

(a)        General requirements. All manufactured home or mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to the internal parking area or manufactured home or mobile home stand. Alignment and gradient shall be properly adapted to topography.

(b)        Access. Access to manufactured home or mobile home parks shall be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent streets. The entrance road connecting the park streets with a public street or road shall have a minimum road pavement width of thirty-four (34) feet where parking is permitted on both sides, or a minimum road pavement width of twenty-seven (27) feet where parking is limited to one side. Where the primary entrance road is more than one hundred (100) feet long and does not provide access to abutting mobile home lots within such distance, the minimum road pavement width may be twenty-four (24) feet, provided parking is prohibited at both sides.

(c)        Internal streets. Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements:

(1)        All streets, except minor streets, shall be not less than twenty-four (24) feet in width. 

(2)        Minor streets, when parking is prohibited, shall not be less than twenty (20) feet in width. Such a street will be acceptable only if it is less than five hundred (500) feet long and serves fewer than twenty-five (25) mobile homes, provided, such street may exceed five hundred (500) feet if it is a one-way street and provides access to abutting mobile home sites on one side only.

(3)               Dead-end streets shall not exceed one thousand (1,000) feet in length. Such street shall be provided with a turnaround at the closed end and having an outside roadway diameter of at least sixty (60) feet.

(d)        Required illumination. All manufactured home or mobile home parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night:

(1)        All parts of the park street system shall average six-tenths (0.6) footcandles and no part shall have less than one-tenth (0.1) footcandle.

(2)        Potentially hazardous locations, such as major street intersections and steps or stepped ramps shall be individually illuminated and shall have a minimum of three-tenths footcandle.

(Code 1977, § 10-28)

Cross reference(s)--Streets and sidewalks, ch. 16.

Sec. 11-151.    Street construction and design standards.

(a)        Pavement. All streets shall be provided with a smooth, hard and dense surface which shall be durable and well drained under normal use and weather conditions. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained free of dust, cracks, holes and other hazards.

(b)        Grades. Grades of all streets shall be sufficient to insure adequate surface drainage, but shall be not more than eight (8) percent. Short runs with a maximum grade of twelve (12) percent may be permitted, provided traffic safety is assured by appropriate paving, adequate leveling areas and avoidance of lateral curves.

(c)        Intersections. Within one hundred (100) feet of an intersection, streets shall be approximately at right angles. A distance of at least one hundred fifty (150) feet shall be maintained between center lines of offset intersecting streets. Intersections of more than two (2) streets at one (1) point shall be avoided.

(Code 1977, § 10-29)

Sec. 11-152.    Required off-street parking areas.

(a)        Off-street parking areas shall be provided in all manufactured home or mobile home parks for the use of park occupants and guests. Such areas shall be furnished at the rate of not less than two (2) spaces for each stand, each space to be accessible without moving another car.

(b)        Required car parking spaces shall be so located as to provide convenient access to the manufactured home or mobile home, but shall not exceed a distance of two hundred (200) feet from the home that it is intended to serve.

(Code 1977, § 10-30)

Sec. 11-153.    Stands; tie-downs.

(a)        The area of the manufactured home or mobile home stand shall be improved to provide an adequate foundation for the placement and tie-down of the home, thereby securing the superstructure against uplift, sliding, rotation and overturning

(b)        The manufactured home or mobile home stand shall not heave, shift or settle unevenly under the weight of the home due to inadequate drainage, vibration or other forces acting on the superstructure.

(c)        The manufactured home or mobile home shall be tied down in accordance with minimum tie-down requirements adopted by the state commissioner of licensing and regulation pursuant to Vernon's Ann. Civ. St. art. 5221f, §4.

(Code 1977, § 10-31)

Sec. 11-154.    Water supply.

An accessible, adequate, safe and potable supply of water shall be provided in each manufactured home or mobile home park. Where a public supply of water of satisfactory quantity, quality and pressure is available, connection shall be made thereto and its supply used exclusively. When a satisfactory public water supply is not available, a private water supply system may be developed and used as approved by the health authority.

(Code 1977, § 10-32)


 

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