Article I Mobile Home Parks
Article II Establishment and Modification of Mobile Home Parks in The City of De Soto After December 14, 1998
[CC 1988 §27-20; Ord. No. 2474 §1, 9-17-1973; Ord. No. 3550 §1, 1-22-2004; Ord. No. 3902 §1, 8-15-2011]
For the purpose of this Article, the following terms shall have the meanings ascribed to them by this Section:
- Any person licensed to operate and maintain a mobile home park under the provisions of this Article.
- MOBILE HOME/MANUFACTURED HOME
- Structure, 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 contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code. Any unit that does not have a Missouri State Seal shall be considered a mobile home.
- MODULAR HOME
- A transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational or industrial purposes. This off-site manufactured structure must bear an approved Missouri State Seal and meet the modular housing design requirements of the International Building Code or a code which imposes similar standards on safety and quality as the International Building Code. The structure must set on a concrete foundation. This definition shall not apply to structures under six hundred fifty (650) square feet.
- MOBILE HOME/MANUFACTURED HOME AND MODULAR HOME SPACE
- A plot of ground within a mobile home park designed for the accommodation of one (1) mobile home/manufactured home or modular home.
- PARK OR MOBILE HOME/MANUFACTURED HOME PARK
- A parcel of land on which is provided a space for two (2) or more mobile homes/manufactured homes or modular homes.
[CC 1988 §27-21; Ord. No. 2474 §2, 9-17-1973]
No mobile home shall be used as living quarters by any person or persons within the City for a period exceeding seventy-two (72) hours except as provided herein. No mobile home shall be parked on any public street or alley or any public property of any kind for a period exceeding twenty-four (24) hours. No mobile home shall be parked or occupied on any private property except as provided herein.
[CC 1988 §27-22; Ord. No. 2474 §3, 9-17-1973]
Mobile home parks shall not be located where adequate surface drainage is impracticable. The minimum lot area for a mobile home park shall be three (3) acres and sufficient area shall be available for all parking space, roadway, walkway, service buildings, water supply, sewage disposal and other sanitary and service connections.
Mobile home parks shall be permitted only at such locations where the zoning district regulations contained in the zoning ordinance of the City permit such use of land to be established, and all permanent buildings or structures shall conform to the applicable provisions of such zoning ordinance in addition to those contained herein.
Mobile home spaces shall be provided consisting of a minimum of three thousand (3,000) square feet for each space which shall be at least forty (40) feet wide and clearly defined. Mobile homes shall be at least forty (40) feet and clearly defined. Mobile homes shall be so harbored on each space that there shall be at least twenty (20) feet clearance between mobile homes. No mobile home shall be located closer than fifty (50) feet from any property line bounding the park, nor within five (5) feet of the boundary of the mobile home space.
All mobile home spaces shall abut upon an access drive of not less than twenty (20) feet in width without parking permitted, twenty-eight (28) feet with parking permitted on one (1) side only or thirty-six (36) feet with parking permitted on both sides which shall have unobstructed access to a public street or highway. All access drives shall be paved in accordance with City specifications for residential streets.
An electrical service connection containing at least one (1) circuit supplying one hundred (100) amps at one hundred twenty-five (125) to two hundred fifty (250) volts shall be provided at each mobile home space.
Paved walkways not less than four (4) feet wide shall be provided from mobile home spaces to service buildings and recreation sites.
The park site, buildings and surroundings shall be maintained in a neat presentable manner, as well as in a safe and sanitary condition.
Sanitary connections approved by the Division of Health for water supply and sewage disposal shall be provided at each mobile home space. No mobile home shall remain in a mobile home park for a period exceeding three (3) days without connection to the permanent sanitary sewer system of the park.
There shall be provided within each mobile home park an adequate site or sites for recreation for the exclusive use of the park occupants. Such site or sites shall have a minimum area in the aggregate of one hundred (100) square feet for each mobile home space and shall be of appropriate design and provided with appropriate equipment.
A minimum of one and one-half (1½) off-street parking spaces shall be provided for each mobile home space.
[CC 1988 §27-23; Ord. No. 2474 §4, 9-17-1973]
An adequate accessible supply of potable drinking water approved by the Division of Health shall be provided at all mobile home parks and to all mobile home spaces. Water from a source other than a municipal supply shall not be used until it has been approved by the Division of Health. No unsafe water supply shall be available on the park grounds. No common drinking cups shall be allowed on a park site.
On park sites water shall be distributed from pipes only and cold water supply connections shall be located at each mobile home space. An adequate supply of hot water at a temperature of not less than one hundred forty degrees Fahrenheit (140° F) shall be available at all times in the service buildings provided at such site for bathing, washing and laundry purposes.
[CC 1988 §27-24; Ord. No. 2474 §5, 9-17-1973]
Adequate flush toilets shall be provided at all mobile home parks. Such facilities shall be maintained in a clean and sanitary condition at all times. Separate flush toilets which are a readily accessible and plainly indicated by signs shall be provided for each of the sexes.
A minimum of two (2) flush toilets shall be provided for each sex that are housed in separate buildings at least twenty (20) feet apart or separated, if in the same building, by another soundproof wall.
Each toilet shall be in a private compartment in which a lavatory, shower or bathtub may be installed; and all toilet rooms, toilets, urinals and other plumbing fixtures shall be kept clean, sanitary and free from flies. Buildings housing the toilet facilities, other sanitation facilities and service facilities and toilet rooms shall be well lighted and ventilated and provided with artificial light for night use. Toilet rooms shall be equipped with toilet paper, lavatory facilities, soap in dispensers and individual towels.
Buildings housing the toilet facilities shall be permanent structures substantially constructed and maintained in good repair and shall be located not closer than thirty (30) feet to any mobile home space.
Buildings housing toilet facilities, other sanitation facilities and service facilities shall be constructed of moisture-proof material, including painted woodwork, shall permit repeated cleaning and washing, and shall be maintained at a temperature of at least sixty-eight degrees Fahrenheit (68° F) during the period from October first (1st) to May first (1st). The floors shall be of water impervious material and slope to a floor drain connected with the sewer system.
[CC 19888 §27-25; Ord. No. 2474 §6, 9-17-1973]
All mobile home parks within the City shall be properly plumbed and all buildings in which plumbing fixtures are installed shall be plumbed, lighted and ventilated with strict regard to health, comfort and safety of the guests. Adequate disposal of sewage shall be provided by discharge into a public sanitary sewer, provided a public sanitary sewer is now or shall hereafter be available, but no ordinance or regulation regarding sewer connection and charges therefor is hereby repealed. If a public sanitary sewer is not available, disposal shall be by discharge into a suitable sewage treatment device, such sewage treatment device to be constructed and operated in a manner approved by the Division of Health and the City.
[CC 1988 §27-26; Ord. No. 2474 §7, 9-17-1973]
Adequate lavatory and bathing facilities shall be provided at all mobile home parks. Such facilities shall be maintained in a clean and sanitary condition at all times. Separate facilities which are readily accessible and plainly indicated by signs shall be provided for each of the sexes.
[CC 1988 §27-28; Ord. No. 2474 §9, 9-17-1973]
Adequate laundry facilities shall be provided at all mobile home parks. Such facilities shall be maintained in a clean and sanitary condition at all times. Laundry facilities shall be readily accessible and conveniently located.
[CC 1988 §27-29; Ord. No. 2474 §10, 9-17-1973]
All structures located in a mobile home park for service building, housing of facilities and storage, preparation and service of food shall be substantially constructed and maintained in a sanitary manner. All doors and windows shall be properly screened with screen wire not larger than sixteen (16) meshes to the inch. All buildings shall be constructed and maintained in a rat-proof and rat-free manner. All such buildings shall also conform with the applicable provisions of the zoning ordinance of the City.
[CC 1988 §27-30; Ord. No. 2474 §11, 9-17-1973; Ord. No. 2506 §1, 6-17-1974]
All mobile homes shall be tied down by attachment to ground anchors so as to resist wind overturning and sliding. Unless the tiedown system is designed by a registered professional engineer, tiedowns shall be placed not more than twenty-four (24) feet on centers beginning from the front wall. Not more than six (6) feet open-end spacing shall be provided at the rear wall of the mobile home unless additional tiedowns are installed.
Each tiedown shall be designed to resist an allowable working load equal to or exceeding three thousand one hundred fifty (3,150) pounds and shall be capable of withstanding a fifty percent (50%) overload without failure. Provisions for diagonal ties between ground anchors and the mobile home shall be made in conjunction with each vertical tiedown. Tiedowns exposed to weathering shall be resistant to weathering deterioration at least equivalent to that provided by a coating of zinc on steel or not less than 0.30 ounces per square foot of surface coated.
The owner of a mobile home located in a licensed mobile home park shall be responsible for securing the mobile home to anchors provided by the mobile home park owner.
The owner of a mobile home located outside of a mobile home park shall provide and install the required anchors and to properly secure the mobile home to the anchors.
[CC 1988 §27-31; Ord. No. 2474 §12, 9-17-1973]
Suitable and adequate precaution shall be taken to eliminate and control all possible fire hazards at park sites. Suitable and adequate first-aid appliances shall be provided and maintained. One (1) fire extinguisher of soda and acid or water and pump type of two and one-half (2½) gallons capacity or equivalent in good working order and conveniently located shall be maintained for every five (5) mobile home spaces and for every two thousand (2,000) square feet of floor area or fraction in every building located on the park. No fire hazards shall be maintained on the premises. Fire hydrants connected to the water supply system shall be located along access drives in accordance with City specifications for hydrants on residential streets.
[CC 1988 §27-32; Ord. No. 2474 §13, 9-17-1973]
The undercarriage area or space between the floor of the mobile home and the ground shall be covered by metal or wood material in a manner so as to screen or conceal from view on all sides of the undercarriage of the mobile home foundation blocks or posts and utility connections.
[CC 1988 §27-33; Ord. No. 2474 §14, 9-17-1973]
Licensees shall keep a register or record book to be signed by every guest, giving his/her full name, street and City residence address and number of State license tags; such record book to be open to the inspection of the City.
[CC 1988 §27-34; Ord. No. 2474 §15, 9-17-1973; Ord. No. 2548 §2, 5-17-1976; Ord. No. 2703 §1, 4-20-1981; Ord. No. 3988 §1, 9-16-2013]
No person shall operate, maintain or offer for use any mobile home park without first obtaining from the Finance Clerk a license as herein provided; the annual license shall be fifty dollars ($50.00) for each mobile home park. Of the license fee to be paid for any such license, the applicant shall pay as many twelfths (12ths) as there are months (part of a month counted as a month) remaining from the date of the license to the next succeeding July first (1st).
[CC 1988 §27-35; Ord. No. 2474 §16, 9-17-1973]
No license for a mobile home park shall be issued until the location and license are approved by the Council and no owner of land or improvements thereon shall lease or let the same be used as a mobile home park until the site has been inspected and the location and license approved by the City Council.
[CC 1988 §27-36; Ord. No. 2474 §17, 9-17-1973]
The City Council, if it be shown upon a hearing before such Council that any licensee has violated the provisions of this Article or regulations of the State Division of Health concerning mobile home parks, may revoke the license of any licensee issued under this Article; provided, that the City Clerk shall first upon motion of the Council direct a notice of the date, time and place of such hearing, setting forth the grounds upon which such license is sought to be revoked, and commanding the licensee to appear and show cause why such license should not be revoked; and notice shall be served by the Chief of Police upon the licensee or upon any employee of the licensee at the time of service in charge of the place of business licensed; and the licensee shall have full right to produce witnesses in the licensee's behalf in such hearing. Such hearing shall be conducted as other proceedings of the Council are conducted, and no license shall be revoked except upon vote thereof by a majority of the members elected to the Council.
[CC 1988 §27-37; Ord. No. 2474 §18, 9-17-1973]
In case any license issued hereunder is revoked, surrendered or forfeited by the licensee, not used or used only for a portion of the license period after the effective date of such license, no refund of any license charge or part thereof shall be made except by a majority of the members elected to the Council.
[CC 1988 §27-38; Ord. No. 2474 §19, 9-17-1973]
No person shall suffer, allow or permit the parking of any mobile home upon premises owned or occupied by such person unless they have previously acquired a license to operate a mobile home park as set forth in Sections 415.150 and 415.250 herein; provided, that nothing herein shall be construed to prevent the temporary allowance of the use of premises for the purposes herein regulated for a period not in excess of ten (10) days if the following provisions are complied with:
The mobile home owner or his/her authorized representative shall make application in writing to the Finance Clerk for a special permit for a period not in excess of ten (10) days;
[Ord. No. 3988 §1, 9-16-2013]
Such written application shall be accompanied by a non-returnable fee of ten dollars ($10.00);
If the Finance Clerk approves the application, he/she will issue the permit authorizing the temporary parking.
[Ord. No. 3988 §1, 9-16-2013]
[CC 1988 §27-39; Ord. No. 2474 §15, 9-17-1973]
No person shall operate, maintain or offer for use any real estate for the use of a single mobile home and, except as otherwise provided herein, no mobile home may be located within the City outside of a mobile home park.
[CC 1988 §27-40; Ord. No. 2474 §20, 9-17-1973]
Nothing herein shall be construed to cover the parking or storing of unoccupied mobile homes. This Article is intended for the regulation and control of mobile homes that are occupied and does not control the parking of mobile homes for storage purposes where same are not occupied.
Any trailer located in a residential area at the time of the passage of this Article shall be considered as a non-conforming use of the land under these provisions of the zoning ordinance; provided further, that the replacement of any such trailer with a newer model trailer shall not be considered such a change as long as the pre-existing non-conforming use is not altered.
[CC 1988 §27-41; Ord. No. 2474 §21, 9-17-1973; Ord. No. 3988 §1, 9-16-2013]
Any person convicted of violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and shall be punished by imprisonment for a term of not more than one (1) month or by a fine of not more than one hundred dollars ($100.00) nor less that ten dollars ($10.00); provided that upon final conviction of any person for the violation of any of the terms or provisions of this Article, such conviction shall automatically operate to revoke the license or special permit of such person, and no person so finally convicted shall be issued any license or special permit under this Article or a renewal thereof for a period of two (2) years from the date of such conviction. Upon any such final conviction, it shall be the duty of the Finance Clerk to certify such conviction to the City Council at the first (1st) meeting of such Council after such conviction.
[CC 1988 §27-42; Ord. No. 2474 §23, 9-17-1973]
Any person or persons subject to the provisions of this Article at the time of its passage shall have one hundred twenty (120) days in which to comply to the provisions herein set forth.
Section 415.030, Subsections (2), (3), (5), (8) and Section 415.120 herein shall not apply to mobile home spaces existing and properly licensed at the time of the passage of this Article; provided, that any such spaces, the use of which ceases for a period of one (1) year, shall thereafter comply with such Subsection of Section 415.030.
Article II: Establishment and Modification of Mobile Home Parks in The City of De Soto After December 14, 1998
[CC 1988 §27-50; Ord. No. 3362, 12-14-1998]
The provisions of this Article shall be applicable to mobile home parks sought to be created within the City limits of the City of De Soto, Missouri, after December 14, 1998, and applicable to modifications to existing mobile home parks within the City limits of the City of De Soto which are to begin after December 14, 1998. No Section of this Article II shall act to supersede or repeal other City of De Soto ordinances regulating mobile homes in the City of De Soto and City of De Soto ordinances regulating mobile homes shall remain in effect as currently written or amended.
[CC 1988 §27-51; Ord. No. 3362, 12-14-1998]
Pursuant to the authority contained in the Missouri Revised Statutes, Chapter 89, Sections 89.010 through 89.144 and Sections 89.300 through 89.491, the Planning and Zoning Commission does hereby exercise the power to approve and disapprove all mobile home parks and/or all extensions, additions, deletions or modifications thereto within the City.
[CC 1988 §27-52; Ord. No. 3362, 12-14-1998]
Official Submission Date. A mobile home park shall be considered officially filed on the day the mobile home park plan is received in its entirety by the City Clerk and shall be so dated. Mobile home parks plans shall be forwarded to the City Manager or his/her designee, the Planning and Zoning Commission, and the City Council for review and comment.
Submission To Highway Engineers. Prior to the approval of any mobile home park modification thereto affecting any land abutting an existing or proposed State roadway, the Planning and Zoning Commission shall give notice of the proposed park to the Missouri State Highway Commission District Engineers. The Planning and Zoning Commission's decisions of the acceptability of any mobile home park shall take cognizance of any and all comments received from the District Engineer if said mobile home park abuts a County roadway.
Concept Review. Before preparing the final mobile home park plan or amendment to an existing plan, the applicant shall meet with the City Manager or his/her designee to discuss the procedure for adoption of a mobile home park and the requirements as to general layout of the mobile home park, as well as the availability of existing services. This concept review shall encompass land use and development concepts, pertinent regulations and required public improvements. The geographic scope of this review shall show the effect of the mobile home park on the surrounding area.
The concept review is an informal discussion and review made available to the applicant, and the applicant may, after meeting with the City Manager or his/her designee, proceed to prepare and submit a mobile home park.
Concept Review Sketch Plan. The applicant shall be required to submit a sketch plan, legibly drawn at a suitable scale and containing the following information:
The proposed layout of streets, access drives, parking areas, lots, building facilities, existing and proposed utilities, existing and proposed easements, a storm-drainage plan and other features in relation to existing streets, topography and other conditions.
A general location map, such as the street map of the City, showing the proposed mobile home park and its relationship to existing abutting properties and community facilities in the area, and other data supplementing the plans which outline or describe all of the proposed development as it relates to existing conditions.
The legal description of the property, a survey marking the property corners, as well as the ownership and existing land uses of said property, and for all properties immediately adjacent.
The City Manager may require such additional information as may be necessary to complete the concept review.
[CC 1988 §27-53; Ord. No. 3362, 12-14-1998]
Application. Based upon the approval of the sketch plan in the concept review, the applicant should file an application with the City Clerk for approval of the mobile home park. The application shall:
Be made on forms available at the office of the City Clerk together with a license permit fee in accordance with Section 415.140.
Include all land which the applicant proposes to include in the mobile home park and all land one hundred eighty-five (185) feet therefrom with the names and addresses of the owners of all such land as shown in the Assessor's file.
Be accompanied by a minimum six (6) copies of the mobile home park as described in these regulations.
Be accompanied by a minimum two (2) copies of construction plans as described in these regulations. Construction plans shall only be for any proposed roads, utilities, or any other public improvements.
Be presented at least thirty (30) days prior to a regular meeting of the Planning and Zoning Commission.
Official Recommendation. The City Manager or his/her designee shall study the mobile home park plan and make a recommendation to the Planning and Zoning Commission at least five (5) days before their next meeting.
Public Hearing. The Planning and Zoning Commission and the City Council shall provide for a joint public hearing and shall notify all property owners within one hundred eighty-five (185) feet of the proposed mobile home park at least fifteen (15) days prior to the hearing.
Time Requirement. The Planning and Zoning Commission shall act (approval or disapproval) on the mobile home park within forty-five (45) days after its submittal. If no action is taken by the Planning and Zoning Commission within sixty (60) days after submittal, the mobile home park as filed shall be considered approved by the Planning and Zoning Commission.
Notice Of Action Taken. The Planning and Zoning Commission shall determine whether the mobile home park shall be approved, approved conditionally, or disapproved and shall give notice to the applicant in the following manner:
If approved, the Chairman of the Planning and Zoning Commission shall sign the mobile home park plan and attach a notation that it has received approval.
If approved with modifications or disapproved, the Chairman of the Planning and Zoning Commission shall attach to the mobile home park plan a statement of the reasons for such action and return it to the applicant. If the Planning and Zoning Commission does not approve the mobile home park, the City Council may approve the mobile home park and accept any public areas and easements dedicated thereon by a four-fifths (4/5) vote of the entire membership of the City Council.
In any case, a notation of the action taken, and the requisite reasons therefor, shall be entered in the records of the Commission.
Effect Of Approval. Approval of the mobile home park shall not constitute approval or imply the acceptance of the local government of any public street, easement, utility, park, etc., shown on said plan.
[CC 1998 §27-54; Ord. No. 3362, 12-14-1998]
General. Where the Planning and Zoning Commission and the City Council find that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, they may approve variances to these mobile home park regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations and, further provided, that the Planning and Zoning Commission and City Council shall not approve variances unless they shall make findings based upon the evidence presented to them in each specific case that:
The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property as located;
The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to any other property;
Because of the particular physical surroundings, shape or topographical conditions of the specified property involved, a particular hardship to the owner would result as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out;
The variances will not in any manner vary the provisions of the zoning ordinance, Master Plan or Official Map.
Conditions. In approving variances, the Planning and Zoning Commission and City Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
Procedures. A petition for any such variance shall be submitted in writing by the applicant at the time when the mobile home park plan is filed for the consideration of the Planning and Zoning Commission. The petition shall state fully the grounds for the application and all facts relied upon by the petitioner.