[CC 1985 §11-1; Comp. Ords. §15.01(1)]
The rules and regulations governing mobile home and travel trailer parks contained in this Chapter shall apply within the City limits and within future areas which may come under jurisdiction of the City.
[CC 1985 §11-2; Comp. Ords. §15.01(1)]
The purpose of this Chapter is to establish rules, regulations and standards to guide the development of mobile home and travel trailer parks within the City in order to promote the public health, safety, convenience and general welfare of the citizens. Standards shall be administered to ensure orderly growth and development, the conservation, protection and proper use of the land and the adequate provision for traffic circulation, public utilities and facilities.
[CC 1985 §11-3; Comp. Ords. §15.01(2)]
For the purpose of this Chapter, certain words and terms used herein are defined as follows:
- BUILDING INSPECTOR
- The person designated and authorized by the Board of Aldermen to enforce the provisions of this Chapter.
- COMMON LAND
- That land set aside for open space or recreational use for the occupants of a mobile home or travel trailer park.
- The arrangement of land for easements, lots and rights-of-way, including materials, improvements, alignment, grade and width of these elements.
- A person or any group or combination acting as a unit for the purpose of developing a mobile home or travel trailer park.
- FLOOD-PRONE AREAS
- All land subject to periodic inundation by the overflow of natural waterways.
- The totality of grading, crosswalks, culverts, bridges, sanitary and storm sewers, water mains, street surfaces or pavements, street and road signs, street lights, curbs and gutters, sewage treatment facilities, pedestrian ways, gas mains, landscaping, monuments, electric utilities and all other appropriate improvements required to render land suitable for the use proposed.
- MOBILE HOME
- A transportable dwelling unit suitable for year-round occupancy by original design, containing the same water supply, waste disposal and electrical conveniences as immobile housing and having no foundation other than wheels, jacks, skirting or other temporary supports.
- MOBILE HOME CODE
- The standards relating to manufactured homes, recreational vehicles or modular units as adopted by the State Public Service Commission or those standards codes promulgated by the American National Standards Institute, the United States Department of Housing and Urban Development or other recognized agencies or organizations that the Commission, in its discretion, may incorporate in whole or in part.
- MOBILE HOME LOT
- A parcel of land for the placement of one (1) single- or double-wide mobile home and the exclusive use of its occupants.
- MOBILE HOME PARK
- Any area, tract, site or plot of ground on which two (2) or more occupied mobile homes or trailers are placed or intended to be placed, located or maintained either free of charge or for revenue purposes, including all buildings, structures, improvements or enclosures used or intended to be used as a part of the equipment thereof.
- MOBILE HOME STAND OR PAD
- That part of an individual lot which has been reserved for the placement of the mobile home unit.
- PARK MANAGEMENT
- The person who owns or has charge, care or control of a mobile home or travel trailer park.
- PARKING BAY
- The area on each mobile home lot or travel trailer lot which is reserved for vehicular parking.
- PARKING LANE
- An auxiliary lane of a street used primarily for vehicular parking.
- PEDESTRIAN WAY
- A strip adjacent and along a street to provide pedestrian access to adjacent properties and streets.
- A written permit issued by the City Clerk allowing a person to operate and maintain a mobile home or travel trailer park under the provisions of this Chapter.
- The land opened, reserved or dedicated for streets, sidewalks, drainage ways, railroads or other public utilities or purposes.
- SETBACK LINE
- The line parallel to the front, side or rear lot line establishing the minimum distance from the lot lines for the placement of a mobile home or travel trailer.
- SEWER CONNECTION
- The connection consisting of all pipes, fittings and appurtenances from the drain outlet of the mobile home or travel trailer to the inlet of the corresponding sewer riser pipe of the sewerage system serving the mobile home or travel trailer park.
- SEWER RISER PIPE
- That portion of a sewer lateral which extends vertically to the ground elevation and terminates at each mobile home lot or travel trailer lot.
- Anything constructed which requires permanent or temporary location on the ground or is attached to something having a permanent or temporary location on the ground.
- TRAVEL TRAILER
- A vehicle with or without motive power so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed to permit the vehicle to be used as a place of human habitation by one (1) or more persons. Such vehicle may be customarily or ordinarily used as a place of permanent habitation. If any such vehicle is used as a place of human habitation for more than ninety (90) days in any twelve (12) month period, it shall be classified as a mobile home (see "MOBILE HOME" and "MOBILE HOME CODE").
- TRAVEL TRAILER LOT
- A parcel of land for the placement of one (1) travel trailer and the exclusive use of its occupants.
- TRAVEL TRAILER PARK
- Any park, court, camp, site, parcel or tract of land designed, intended or maintained for the purpose of supplying a location and accommodations for two (2) or more travel trailers or camping trailers, regardless of whether a charge is made. It shall include all buildings used or intended to be used as a part of the equipment thereof, but shall not include automobile or trailer sales lots on which unoccupied trailers are parked for the purpose of inspection and sale.
- TRAVEL TRAILER STAND OR PAD
- The part of an individual lot which has been reserved for the placement of one (1) travel trailer.
- The United State Geological Survey.
- WATER CONNECTION
- The connection consisting of all pipes, fittings and appurtenances from the water riser pipe to the water inlet of the distribution system within the mobile home or travel trailer.
- WATER RISER PIPE
- That portion of the water supply system serving the mobile home or travel trailer park which extends vertically to the ground elevation and terminates at a designated point at each mobile home or travel trailer lot.
[CC 1985 §11-4; Comp. Ords. §15.01(3)]
It shall be unlawful to locate a travel trailer or mobile home any place within the City for occupancy except at a mobile home park.
[CC 1985 §11-5; Comp. Ords. §15.01(8)]
Any non-residential use of the property of a mobile home or travel trailer park shall be subordinate to the residential use and character thereof.
The land area devoted to commercial use within a mobile home or travel trailer park shall not exceed five percent (5%) of the total area. Any portion of the park which is devoted to commercial use shall be primarily for the use of or service to the park occupants and shall be incidental and related to the residential use and character of the development. Such use is restricted to stores and service facilities.
Non-residential use of a mobile home or travel trailer park is prohibited if such use adversely affects the desirability of such property or neighboring properties for residential use of family occupancy.
[CC 1985 §11-6; Comp. Ords. §15.01(9)]
Park Manager/Management. The Park Manager or park management of each mobile home or travel trailer park shall have the following responsibilities:
The person to whom permit for a mobile home or travel trailer park is issued shall operate such park in compliance with this Chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
The park management shall notify park occupants of all applicable provisions of this Chapter and inform them of their duties and responsibilities thereunder.
The park management shall supervise and be responsible for the placement of each mobile home or travel trailer on its stand which includes securing its stability and installing all utility connections.
The park management shall maintain a register containing the names of all park occupants identified by lot number or street address. Such register shall be available to any authorized person inspecting the park.
The park management shall immediately notify the County Health Department of any suspected communicable or contagious disease within the park.
Park Occupants. The occupants of mobile home or travel trailer parks shall have the following responsibilities:
The occupants of a mobile home or travel trailer park shall comply with all applicable requirements of this Chapter and shall maintain their mobile home or travel trailer, its facilities and equipment in good repair and in a clean and sanitary condition.
Skirtings, porches, awnings and other additions may be installed if permitted and approved by the park management. When installed, they shall be maintained in good repair. The space immediately underneath a mobile home may be used for storage only if permitted by the park management.
Fire extinguishers for Class A, B and C fires shall be kept at the premises and maintained in working condition.
[CC 1985 §11-7; Comp. Ords. §15.01(10)]
The Building Inspector shall have the power to inspect or investigate conditions relating to the enforcement of this Chapter in mobile home or travel trailer parks.
Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this Chapter, he/she shall give notice of such alleged violation to the person to whom the permit was issued as provided in this Section. Such notice shall:
Be in writing;
Include a statement of the reasons for its issuance;
Allow a reasonable time for the performance of any act it requires;
Be served upon the owner or his/her agent as the case may require, provided that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his/her last known address or when he/she has been served with such notice by any method authorized or required by State laws;
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Chapter.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Chapter may request and shall be granted a hearing on the matter before the Board of Aldermen, provided that such person shall file with the City Clerk a written petition within ten (10) days after the day the notice was served requesting a hearing and setting forth a brief statement of the grounds therefore. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension. Upon receipt of such petition, the Board of Aldermen shall set a time and place for such hearing and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed, provided that upon request of the petitioner, the Board of Aldermen may postpone the date of the hearing for a reasonable time beyond the ten (10) day period when in its judgment the petitioner has submitted good and sufficient reasons for postponement.
After the hearing provided in Subsection (C), the Board of Aldermen shall make findings as to compliance with the provisions of this Chapter and shall issue an order in writing sustaining, modifying or withdrawing the notice which shall be served as provided in Subsection (B). Upon failure to comply with any order sustaining or modifying a notice, the permit of the mobile home or travel trailer park affected by the order shall be revoked.
The proceedings at a hearing under Subsection (C), including the findings and decisions of the Board of Aldermen and together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the office of the City Clerk but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this Section. Any person aggrieved by the decision of the Board of Aldermen may seek relief therefrom in any court of competent jurisdiction as provided by State law.
[CC 1985 §11-8; Comp. Ords. §15.01(11)]
No variance shall be granted unless the Planning Commission and Board of Aldermen finds that no detriment will be caused to the public welfare and no damage will be caused to other public property in the area and that the variance will not substantially impair the intent and purpose of this Chapter.
When a developer can show that a provision of this Chapter would cause unnecessary hardship if strictly adhered to because of topographical or other conditions peculiar to the site, the Planning Commission may recommend a variance or modification to the Board of Aldermen. The developer shall apply in writing for such variance and any variance recommended by the Planning Commission shall be in the minutes of the Planning Commission and the reasoning on which the variance was justified shall be set forth. Any variance or modification authorized by the Board of Aldermen shall be made by resolution and a copy thereof attached to and made a part of the original permit application.
Deviations from design, construction and installation provisions of existing mobile home and travel trailer parks shall be brought into compliance with this Chapter within a reasonable period of time based upon economic feasibility of the improvement, the nature, significance and extent of deviation and the depreciation of material, improvement and layout in use and other similar factors within a minimum period not less than five (5) years and a maximum period not exceeding twenty-five (25) years. Such period shall begin after issuance of the original permit which shall state the specific deviations from this Chapter.
[CC 1985 §11-9; Comp. Ords. §15.01(13)]
Whenever any person may desire to vacate any mobile home or travel trailer park or any part thereof in which he/she shall be the legal owner of all of the lots, such person may petition the Board of Aldermen giving a distinct description of the property to be vacated and the names of the persons to be affected thereby. Such petition shall be filed together with a filing fee of two hundred dollars ($200.00) with the City Clerk. The City Clerk shall give notice of the pendency of the petition in a public newspaper. If no opposition be made to the petition, the Board of Aldermen may vacate the same by order with such restrictions as it may deem for the public good. If opposition be made, the petition shall be set down for the public hearing before the Board of Aldermen. No vacation shall take place unless the advice of the Planning Commission be obtained in writing and filed with the petition.
[CC 1985 §11-10; Comp. Ords. §15.01(15)]
Whoever shall sell or offer for sale, lease or offer for lease and rent or offer for rent any lot or lots within a mobile home or travel trailer park located within the City limits before all of the requirements of this Chapter have been complied with shall, upon conviction, be punished as provided in Section 100.260.