[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:
The person designated and authorized by the Board of Aldermen
to enforce the provisions of this Chapter.
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.
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.
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.
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.
A parcel of land for the placement of one (1) single- or
double-wide mobile home and the exclusive use of its occupants.
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.
That part of an individual lot which has been reserved for
the placement of the mobile home unit.
The person who owns or has charge, care or control of a mobile
home or travel trailer park.
The area on each mobile home lot or travel trailer lot which
is reserved for vehicular parking.
An auxiliary lane of a street used primarily for vehicular
parking.
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.
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.
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.
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.
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").
A parcel of land for the placement of one (1) travel trailer
and the exclusive use of its occupants.
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.
The part of an individual lot which has been reserved for
the placement of one (1) travel trailer.
The United State Geological Survey.
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.
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)]
A.Â
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.
B.Â
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.
C.Â
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)]
A.Â
Park Manager/Management. The Park Manager or park management
of each mobile home or travel trailer park shall have the following
responsibilities:
1.Â
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.
2.Â
The
park management shall notify park occupants of all applicable provisions
of this Chapter and inform them of their duties and responsibilities
thereunder.
3.Â
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.
4.Â
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.
5.Â
The
park management shall immediately notify the County Health Department
of any suspected communicable or contagious disease within the park.
B.Â
Park Occupants. The occupants of mobile home or travel trailer
parks shall have the following responsibilities:
1.Â
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.
2.Â
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.
3.Â
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)]
A.Â
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.
B.Â
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:
1.Â
Be in
writing;
2.Â
Include
a statement of the reasons for its issuance;
3.Â
Allow
a reasonable time for the performance of any act it requires;
4.Â
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;
5.Â
Contain
an outline of remedial action which, if taken, will effect compliance
with the provisions of this Chapter.
C.Â
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.
D.Â
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.
E.Â
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)]
A.Â
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.
B.Â
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.
C.Â
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.
