Before establishing a mobile home park, the owner shall:
Meet with the planning and zoning commission to discuss the proposed mobile home park;
Present a sketch of the proposed mobile home park;
Reach an agreement as to any requirements and neighboring property relationships;
Meet with the City council and the City engineer concerning proper standards which will be expected;
Present a sketch of the proposed mobile home park to the City council; and
If the mobile home park is also to be annexed to the City, reach an agreement with the City concerning the proposed annexation.
All plans, plats, plots and replots of land laid out in subdivisions for mobile home parking sites, and the streets, alleys or other portions of the same intended for public use or use of tenants of the mobile home park, shall be submitted to the planning and zoning commission and the City council for approval, disapproval, approval with stipulations, etc., prior to making any improvements for the establishment of a mobile home park.
After preliminary discussions and agreements with the planning and zoning commission and the City council, the owner of a mobile home park shall:
Prepare a preliminary plat and proposed plan which shall include the following information and documents:
The proposed name for the mobile home park.
A location map of the mobile home park, including the address and the section, township and range, adjacent mobile home parks and subdivisions, tracts, roads, streets and other pertinent information.
The names and addresses of the owner, surveyor and planner of the mobile home park.
Date of preparation, scale (minimum two hundred feet to the inch) and north arrow.
The plat shall show, as to the existing conditions:
The location of the nearest horizontal and vertical control monuments.
The boundary of the proposed mobile home park and acreage included.
A location map, drawn to a scale of not less than one inch equals one thousand feet, showing boundary lines adjoining land within an area bounded by the nearest arterial streets or other natural boundaries, identifying types of use and ownership of surrounding land and showing alignment of existing streets.
Where the plat submitted covers only a part of the owner's tract, a sketch of the prospective street system of the unplatted parts of the owner's land. The street system of the part submitted shall be considered in light of the existing master street plans or other planning and zoning commission studies.
The locations, widths and names of all existing streets within two hundred feet of the mobile home park and of all prior platted streets or other public ways, utility rights-of-way or easements, parks or other open spaces, permanent buildings and structures, houses or permanent easements and section and incorporation lines within and adjacent to the tract.
The locations of all wells, proposed, active or abandoned, and of all reservoirs within the tract and to a distance of at least one hundred feet beyond the tract boundaries.
Existing sewers, water mains, culverts or other underground facilities within the tract and to a distance of at least one hundred feet beyond tract boundaries, indicating pipe sizes, grades, manholes and existing locations.
Existing ditches, canals, natural drainage channels and open waterways and proposed realignment.
Contours, existing and finished at vertical intervals of not more than five feet, or not more than ten feet for steep terrains; provided, that property corner elevations shall be adequate for land which is on a gradient of three percent or less. High water levels, where known, of all watercourses, if any, shall be indicated in the same datum for contour elevations.
The layout of streets, curbs, gutters and sidewalks, showing locations of walks and easements.
The layout, numbers and dimensions of mobile home sites.
Parcels of land intended to be dedicated to public use or temporarily reserved for public use or set aside for tenants in the mobile home park.
A tentative plan or method by which the owner proposes to handle storm water drainage for the mobile home park.
A tentative plan or method by which the owner proposes to satisfy water supply or sewage disposal requirements.
A tentative plan to adequately prevent silting of streams during development.
A tentative plan to provide fire hydrants.
A tentative plan to provide street lighting.
Where necessary, copies of agreements with adjacent property owners relevant to the proposed mobile home park shall be presented to the council.
Such other architectural and engineering data as may be necessary to permit the council to make a finding that the provisions of this article are being complied with.
File eight copies of the preliminary plat with the planning and zoning commission and the City council for approval or disapproval.
File one copy of the preliminary plat with the City engineer for approval or disapproval.
Make any necessary corrections to the preliminary plat as per review of the planning and zoning commission, City council and City engineer.
Nothing in this article shall preclude the planning and zoning commission and City council from considering simultaneously both a zoning request for a proposed mobile home park and the preliminary plat requirements for the same mobile home park.
Not more than one year after receiving approval of the preliminary plat of a proposed mobile home park, the owner shall:
Submit the original and five copies of the final plat and final engineering plans, prepared in accordance with Article IV of this chapter, and the estimated cost of the land improvements to the City building inspector, not less than ten days in advance of the date set for City council action. The City building inspector shall disperse these materials as follows: One copy to the City engineer; one copy to the City attorney; one copy to the City council; and one copy to the planning and zoning commission. Planning and zoning commission approval of the mobile home park shall not be required before council action, but the land must be properly zoned before the council acts. The City engineer and the City council shall approve or disapprove the final plat and final engineering plans. The City council may extend the one year time limit;
Make arrangements with the City engineer for checking of engineering and improvements data and for the installation of proposed improvements or the furnishing of the bonds in lieu of improvements; and
A disapproval of the preliminary plat or final plat for a proposed mobile home park shall contain in writing the specific reasons for the disapproval.
Appeal of the decision shall be to the City council.
An applicant may, within six months, resubmit the disapproved plat. The application shall include an affidavit to the planning and zoning commission that the deficiencies in the prior application have been corrected.
Engineering standards of the City, as may be adopted from time to time by the City council, are included in this article by reference.
If, in its opinion, a preliminary plat for a proposed mobile home park contains land which may be needed for a public utility, park, school or other public facility, the planning and zoning commission shall submit copies of the plat to the appropriate public agency, which shall have thirty days within which to review the plat and file a report with the commission.
The mobile home park arrangement and design shall be such that the mobile home sites will provide satisfactory and desirable sites for placing mobile homes and be properly related to topography and to existing and probable future requirements.
The planning and zoning commission may require that easements for drainage be provided by the owner, and easements of not less than ten feet in width for water, sewer, drainage, power lines and other utilities shall be provided for when required by the commission.
Conveyance of land for or payment of fee for acquisition of land for public purposes. The owner shall allocate and convey at least five percent of the total area of his mobile home park for park, playground or similar public purposes at a location agreed upon by the City and the owner, or at the option of the City, such owner shall, in lieu of such conveyance of land, pay to the City a cash amount equal to at least eleven percent of the raw land value of the total land area in the proposed mobile home park. The price of such land shall be established and agreed upon by the City and the owner prior to any construction of the mobile home park. If the City and the owner fail to agree on the value of such land, the value shall be established by three independent appraisers mutually acceptable to the owner and the City. Such payment shall be used only for the acquisition or development of parks and playgrounds or other similar purposes.
Storm water disposal and drainage easements. The planning and zoning commission may require the owner to dispose of storm water if such a provision is deemed necessary. If easements are required across abutting property to permit drainage of the mobile home park, it shall be the responsibility of the owner to acquire such easements.
Fire hydrants. Fire hydrants shall be installed. All fire hydrants shall be furnished by the City, and shall remain its property and be accessible to it and subject to its control; provided, that it shall be the owner's responsibility and expense to reimburse the City for the cost of the fire hydrants. It shall be the owner's responsibility to install such fire hydrants; however, such installation shall be done under the direction and supervision of the City engineer.
Protection strip. Where mobile home park streets parallel contiguous property of other owners, the owner may, upon approval of the council, retain a protection strip not less than one foot in width between the street and adjacent property; provided, that an agreement, approved by the City attorney, has been made by the mobile home park owner contracting to deed to the owners of the contiguous property the one foot or larger protection strip for a consideration named in the agreement, such consideration to be not more than the fair cost of land in the protection strip, the street improvement properly chargeable to the contiguous property, plus the value of one-half of the land in the street at the time of agreement until the time of the subdivision of such contiguous property. One copy of the agreement shall be submitted by the City attorney to the council prior to approval of the final plat.
Street signs. Street signs shall be installed at every intersection within or adjacent to the mobile home park. All street signs shall be furnished by the City and shall remain its property and be accessible to and subject to its control; provided, that it shall be the owner's responsibility and expense to reimburse the City for the cost of the street signs. It shall be the subdivider's responsibility to install such street signs; however, such installation shall be done under the direction and supervision of the City engineer.
[Amended by Ord. No. 83-7]
Where, in the case of a particular proposed mobile home park, it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardships to the owner because of unusual topography or other such non-self inflicted conditions, or that these conditions would result in inhibiting the achievement of the objectives of this chapter, the City council may vary, modify or waive the requirements of this chapter so that substantial justice may be done and the public interest secured; provided, that such variance, modification or waiver will not have the effect of nullifying the intent and purpose of this chapter and the master plan. In no case shall any variance, modification or waiver be more than a minimum easing of the requirements.
In granting variances, modifications and waivers, the City council may require such conditions as will, in its judgment, secure substantially the objectives of all the standards or requirements so affected.
An application for a variance shall be filed by the owner or his authorized agent upon forms provided by the planning and zoning commission. The application shall set forth and state fully the reasons and grounds for the variance and shall contain such information as the planning and zoning commission shall prescribe. Accompanying the application shall be the following:
A map showing the property described in the application and adjoining properties and public streets and ways within a radius of three hundred feet of the exterior boundaries.
A list of all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of three hundred feet of the exterior boundaries.
Photographs, drawings and other supporting documents as may be required by the planning and zoning commission.
Before accepting an application for a variance, the planning and zoning commission shall charge and collect a filing fee. Such fee shall be established by a resolution of the City council.
The planning and zoning commission shall hold a public hearing on the application for a variance. Written notices concerning the hearings on applications for variances shall be mailed to the owners of the property and the occupants of property within a distance of three hundred feet of the exterior boundaries not less than seven days before the date of the public hearing. A public notice shall be printed in the official City newspaper at least seven days prior to the hearing. Such notice shall set forth the person requesting the variance, the intent of the variance, the legal description of the property, the street address, if applicable, any other pertinent information and the date, time and place of the public hearing.
Following the public hearing, the planning and zoning commission shall make a recommendation to the City council, either that the variance be granted or that it be denied. Such recommendation shall be adopted by an affirmative vote of not less than a majority of the members attending and voting at a meeting of the commission at which there is a quorum present (a quorum shall consist of five members of the planning and zoning commission). Any such variance shall be granted or denied by resolution of the governing body of the City.
A variance may be revoked or modified by the City council, after a public hearing, on any one or more of the following grounds:
That approval was obtained by fraud.
That the use for which such approval was granted has ceased to exist or has been suspended for one year or more.
That the use for which such approval was granted is not being exercised within the time specified in such permit.
That the permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, law or regulation.
That the use for which the approval was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance.
Written notice of the intent to revoke shall be mailed to the owners of the property, the occupants of the property and the subdivider, not less than fifteen days before the date of the public hearing.
Other sections of this chapter shall apply to this article, unless otherwise provided.