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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