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HomeMy WebLinkAbout~Master - Repealing Chapter 23 of Municipal Code; Establishing a Chapter for Mobile Homes cwb/11-13 '-67 ORDINANCE NO. 2246 ` AN ORDINANCE REPEALING CHAPTER 23 OF THE MUNICIPAL CODE, CITY OF AMES, IOWA; ESTABLISHING A NEW CHAPTER TO BE NUMBERED CHAPTER 23 OF THE MUNICIPAL CODE ENTITLED "MOBILE HOMES AND MOBILE HOME PARK, DEFINING MOBILE HOMES AND PARKS, PROVIDING FOR THE ISSUANCE OF PERMITS THEREFOR; REGULATING MOBILE HOMES AND MOBILE HOME PARKS ; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE, IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOW A: Section 1. Chapter 23 of the Municipal Code, City of Ames, Iowa, as hitherto existing, is repealed in its entirety. Section 2. New sections to be numbered 23-1001 through 23-1028 are added to Chapter 23 of the Municipal Code, City of Ames, Iowa, and are as follows : Section 23-1001. Definitions . The following definitions shall apply to this chapter. (1) Dependent Mobile Home. A dependent mobile home means a mobile home which doer not have a flush toilet and a bathtub, nor a shower. For purposes of regulation under this ordinance, a dependent mobile home is the same as a travel trailer, unless otherwise specified. (2) Independent Mobile Home. An independent mobile home means a mobile home which has a flush toilet and bath or shower. Unless otherwise indicated in the text of the ordinance the term mobile home means an independent mobile home. (3) License. License means the annual license issued by the State Department of Health for a mobile home and/or a travel trailer park. (4) Mobile Home. A mobile home means a detached single family dwelling unit designed for transportation on its own wheels or on flatbed or other trailers, both highway and rail, and arriving at the site where it is to be occupied as a dwelling complete and ready for long term occupancy, except for minor and incidental unpacking and assembly operations, location on jacks, connection to utilities, and similar operations . Unless otherwise indicated in the text of: this ordinance, the term mobile home refers to an independent mobile home as defined in (2) above. (5) Mobile Home Park. A mobile home park means any plot of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations . (6) Mobile Home Space. A mobile home space is a plot of ground within a mobile home park designed for the accommo- dation of one mobile home, and not located on a mobile home sales lot. (7) Park. A park means a mobile home and/or travel trailer park. (8) Permits . A permit as used in this chapter means the permits issued by the City of Ames for mobile homes, travel trailers, mobile home parks, and travel trailer parks . -2-. (9) Travel Trailer. A travel trailer means all vehicles and portable structures built on a chassis, designed as a temporary dwelling for travel, recreational, and vacation use , and containing less than 200 square feet of floor area . For purposes of regulation under this ordinance , a dependent mobile home is considered to be the same as a travel trailer, unless otherwise specified . (10) Travel Trailer Park. A travel trailer park means any plot of ground upon which two or more travel trailers, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations. (11) Travel Trailer Space. A travel trailer space is a plot of ground within a travel trailer park designed for accommodation of one travel trailer. Section 23-1002 Permitting use of premises in violation of chapter prohibited . It is unlawful for any person to allow any premises occupied by him, her or it to be used in violation of the terms of this chapter. A violation of this chapter is a misdemeanor and punishable as provided in Section 1-1007 of the Municipal Code , City of Ames, Iowa . Section 23-1003 Mobile Home Sales lots excepted . The provisions of this chapter do not apply to unoccupied mobile homes on sales lots located within the limits of districts zoned for business or industry within the City. Section 23-1004 Existing Mobile Home Parks Excepted. Mobile Home Parks which were in existence and operating lawfully at the time of the adoption of this ordinance and which do not meet the requirements of this ordinace , may continue to operate in compliance with the Rules and Regulations Governing the Licensing of Mobile Home Parks ' and amendments thereto aspromulgatedby the State Depart- ment of Health; however, any expansion of such existing parks, shall fully comply with the provisions of this ordinance. Notwithstanding the aforesaid exemption of existing Mobile Home Parks from the operation of this ordinance, they shall be governed hereunder by the provi- sions of Section 23-1006 through 23-1018 hereof inclusive. Section 23-1005 Restrictions on Parking and Storage of Mobile Homes and Travel Trailers. It shall be unlawful for any person , firm or corporation to park or cause or permit to be parked within the cor- porate limits of the City, any occupied or unoccupied _ Mobile Home or Travel Trailer: (a ) On any public street, alley or highway at any time between the hours of sunset and sunrise, or for a period of time in excess of four hours betweenthe hours of sunrise and sunset; (b) On any private property, except a licensed Mobile Home Park or licensed Travel Trailer Park for a period of time in excess of forty-eight (48) hours; provided however, that an owner or occupant of a dwelling may store or permit to be stored not more than one unoccupied travel trailer on the premises where such dwelling is situated , which storage shall be confined to that portion of the premises not constituting its front yard as defined by the Zoning Ordinance of this code . cwb/11-7--67 -3- Section 23-1006. Permanent additions or attachments prohibited. No permanent additions or attachments shall be built onto or become a part of any mobile home, except metal or fireproof window or doorway awnings or open air awnings over patio areas in mobile home parks . Section 23-1007 . Permit required for awnings ; fee. No window or doorway awning or open air awning over patio areas shall be added or attached to mobile homes in mobile home parks until a permit is issued therefor by the Building Official of the City, upon application therefor on forms to be furnished by the Building Official, and the payment of a one dollar ($1. 00) permit fee. Section 23-1008. Park permits, licenses required. It is unlawful for any person to begin the construction and/or operation of a mobile home park within the City without the owner or lessee first having obtained a permit therefor as provided in this chapter and a license to operate and maintain a mobile home park from the State Department of Health. Section 23-1009. Application for park permit; contents . (a) The application for original permit to operate a mobile home park shall be filed on a form furnished by the City with the City Manager who shall present the application to the City Council for consideration at the first regular meeting following the filing of said application. The application shall contain the following: 1. Name and address of the applicant. 2. The interest of the applicant in and the location and legal description of the park. 3 . A complete plan of the park showing compliance with all applicable provisions of the Municipal Code, City of Ames , Iowa, and regulations promul- gated thereunder. 4. Such further information as may be requested by the City Manager. (b) Applications for renewals of permits shall be made in writing by the holder of the permit and shall contain the following: 1. Any change in the information submitted since the time the original license was issued or the latest renewal granted. 2. Other information requested by the City Manager cwb/11-7-67 -4- (c) A complete plan, for the purpose of obtaining a license to be issued, shall show: 1. The area and dimensions of the tract of land. 2. The number, locations , and size of all mobile home or travel trailer spaces . 3 . The locations and width of roadways , walkways , buffer strips and recreational areas . 4. The location of community buildings and other proposed structures . 5 . The location and size of utility lines and treatment facilities . 6. Plans and specifications of all buildings and other improvements constructed or to be constructed within the park. 7. Plan of electric lighting including the location of exterior park lights and the electric facilities . 8. Drainage facilities . 9. Fire protection facilities . Section 23---1010. Approval, issuance of park permit. The City Council shall consider said application and if found satisfactory shall instruct the City Clerk, upon payment of the permit, fee, to issue a mobile home park ' permit and retain a record thereof in his office. Section 23-1011. Park permit fee; renewal. The permit fee for a mobile home park is ten dollars (10.00) for the first year or fraction thereof and such permit, unless revoked, may be renewed annually upon the payment of five dollars ($5 . 00) at the office of the City Clerk. Section 23 1012. Grounds for park permit revocation. The conviction of any person, firm or corporation for violation of this chapter or any other ordinance of the City or statutes of the State involving moral turpitude automatically revokes any permit issued under the terms thereof. Section 23 1013 . Application for annual park license. Application for an annual license to operate and maintain a mobile home park within the corporate limits of the City shall be filed with the Board of Health of the City on the forms prescribed b1, the State Department of t Health. cwb/ll-.7.__67 Section 23-1014. Approval, Issuance of annual license. If the local Board of Health approves the application, it shall authorize the City Clerk to issue a permit for a license and to forward a copy of such permit together with the application for the mobile home park to the State Department of M�,�e,a�tth for the issuance of the annual license. T� s7ia11 retain a record of such permit in his office. Section 23-1015. Permits , licenses to be displayed. The mobile home park permit issued by the City and the annual license issued by the State Department of Health shall be conspicuously displayed in the park office at all times . Section 23-1016. Parks to keep records of guests . The owner, lessee, or attendant in charge of a mobile home park shall keep a record of all, mible home and travel owners and occupants located within the park. Said record shall be available for inspection at any time by officials and employees of the City and shall contain the following information: (a) Name and address of each mobile home occupant; (b) License number of mobile home and automobile; (c) State of issuance of such license; (d) Date of arrival and departure from the park; (e) Whether or not each mobile home is a dependent or independent mobile home. Section 23-1017 . Inspection of mobile home and travel trailer parks ; written notice required. The City Manager is authorized and directed to make inspections to determine the condition of mobile home and travel trailer parks located within the City of Ames . Whenever the City Manager finds violations of pertinent regulations, he shall notify the park operator of such alleged violation. Such notice shall: (a) Be in writing; (b) Include a statement of the reasons for its issuance; (c) Contain an outline of remedial action, which if taken, will effect compliance with provisions of this ordinance and other pertinent regulations ; (d) Allow a reasonable time, not to exceed 90 days, for the performance of any act it requires ; and (e) Be served upon the owner or his agent as the case may require; provided that such notice or order shall be deemed as properly served upon owner or agent when a copy thereof has been sent by certified mail to his last known address . Section 23-1018 . Request for hearing; revocation of permit . Any person affected by any notice issued under this ordi- nance, or resulting regulations , may request and shall be granted a hearing on the matter before the City Council, provided, that such person shall file with the City Manager a written request for such hearing and setting forth briefly the grounds for such request within ten days after the day the notice was served. The hearing shall be held at the next City Council meeting, or at a later meeting if so requested by the petitioner or the City Manager. After such hearing, the City Manager shall compile the findings of the City Council and shall issue an order in writing sustaining, modifying or withdrawing the prior notice which shall be served as provided in Section 23-1017 (d) . Upon failure to comply with such order ; the permit of the mobile home park or travel trailer park shall be revoked. Section 23--1019. Location, space and general layout of mobile home and travel trailer parks . (a) Parks shall be of three types : (1) mobile home parks , (2) travel trailers parks , and (3) mixed mobile home and travel trailer parks . (b) All mobile home parks shall be located on a well drained site (c) The minimum area of any park shall be five acres .. However, parks in existence on the effec- tive date of this ordinance may be permitted to expand, regardless of the area of the proposed addition, provided that they meet all other require- ments of this ordinance. (d) Intensity of development shall be limited to no more than 10 mobile homes per gross acre for a mobile home park and no more than 15 travel trail- ers per gross acre for a travel trailer park. (e) Every mobile home space and travel trailer space shall be clearly defined by corner markers .. Each mobile home space shall have a minimum width of 35 feet and a minimum area of 3 , 000 square feet. Each travel trailer space shall contain not less than 1, 000 square feet and shall be at least 25 feet wide. (f) Mobile homes and travel trailers shall be so located on each space so that at the nearest point they shall be at least 15 feet from any other mobile home, travel trailer, or the exterior boundary of the park, provided, however, with respect to mobile homes or travel trailers parked end to end, the end to end clearance shall not be less than 10 feet. No mobile home or travel trailer shall be located close than 5 feet to any access road or walkway of the park. -7- (g) It is unlawful to locate a mobile home or travel trailer less than 25 feet from any public street or highway right-of-way or so that any part of such mobile home or travel trailer obstructs any roadway or walkway of such park. (h) Not less than 5/0 of the gross area of the park shall be devoted to recreational facilities , gen- erally provided in a central location. Recreational facilities may include adult recreation and child play areas , swilmtiing pools and other passive and active recreational facilities . (i) The park shall have a surfaced entrance and exit, said entrance and exit, or either of them, being not less than eighteen feet in width and plainly marked in the daytime and adequately lighted at night. (j) All mobile home spaces shall abut upon an access road of not less than 20 feet in width if on-street parking is prohibited and 26 feet in widt if on-street parking is permitted on one side of the street only. Access roads must have unobstruct d access to a public street or highway. (k) Walkways not less than two feet wide shall be provided, (1) All access roads and walkways within a park shill be hard surfaced, provided however, that new roads and walkways in newly constructed parks or expansio s in presently existing parks , may be surfaced with gravel for a period not to exceed two years from th date of issuance of a special use permit required in Chapter 38 of this Code. (m) Mobile home parks shall abut, whenever possibl , and have their major means of ingress and egress on, at least a secondary thoroughfare as designated on the Comprehensive Plan of the City of Ames . Travel trailer parks and mixed parks shall abut, and have their major means of ingress and egress on at least primary thoroughfare as designated on the Comprehen- sive Plan of the City of Ames . (n) No fewer than two clearly defined parking space shall be provided within the park for each mobile home space, at least one of which shall be on or adjacent to such space. In travel trailer parks at least one parking space shall be provided for each travel trailer space either on or adjacent to the space. (o) The park shall be landscaped with plant materials , and a minimum of one tree shall be provided on each mobile home and travel trailer space. Section 23-1020. Community buildings for travel trailer parks . (a ) Each travel trailer park shall be provided with at least one community building adequately equipped with flush-type toilet fixtures and other sanitary facilities as required in this ordinance. No community building shall contain less than one lavatory and shower or bathtub for each sex, and one laundry tray. (b) Travel trailer spaces shall not be more than 200 feet from a community building. (c) Community buildings shall: 1. Be located 25 feet or more from any travel trailer space 2 . Be of permanent construction and be adequately lighted 3. Be of moisture resistant material, to permit frequent washing and cleaning 4. Have adequate heating facilities to maintain a temperature of 70 degrees faren- heit during cold weather, and to supply ade- quate hot water during time of peak demands 5. Have all rooms well ventilated, with all openings effectively screened. (d) All community buildings and the grounds of the park shall be maintained in clean, sightly condi- tions and kept free from conditions that will menace the health of any occupant or the public. Section 23-1021, Water supply for mobile home parks. (a ) An accessible, adequate, safe and potable supply of water meeting the sanitary requirements of the State Department of Health shall be provided in each park, capable of furnishing a minimum of 200 gallons per day per mobile home space . Where a public water supply is available within 300 feet, connection shall be made thereto within one year and its supply shall be used exclusively. cwb/11--13-67 -9- If water from a private source is to be used it shall be tested at intervals of 30 days by the City of Ames at the expense of the licensee. (b) The water system of the mobile home park shall be connected by pipes to all buildings and all mobile home spaces . (c) All water piping shall be constructed and maintained in accordance with state and local law; the water piping system shall not be connected with non-potable or questionable water supplies and shall be protected against the hazards of backflow or back-siphonage. All water connections shall be weather tight. (d) There shall be no common drinking vessel in toilet compartments. (e) An abundant supply of hot water shall be provided at all times for bathing, washing and laundry facilities . Section 23-1022. Sewage disposal for mobile home parks . (a) Waste from showers , bathtubs, flush toilets, urinals, lavatories , and laundries in community and other buildings within the park shall be discharged into a public sewer and disposal plant or private sewer and lagoon system of such construc- tion and in such manner as approved by the Iowa State Department of Health and in accordance with all applicable ordinances of the City of Ames. (b) In the event that a public sewer system is or becomes available within 300 feet of a mobile home or travel trailer park, connection must be made to the public system within one year. (c) Every mobile home occupying a mobile home park space shall tie into the park sewerage system and shall dump any accumulated waste into the system. Every travel trailer shall dump all accumulated waste into a receptacle provided in the travel trailer park upon entering and upon leaving the park. Such receptacles must be approved by the Iowa State Department. of Health. Section 23-1023 . Refuse disposal for mobile home parks. (a) The storage, collections, and disposal of refuse in the park shall be so managed as to create no health hazards , rodent harborage, insect- breeding areas, accident or fire hazards or air pollution. (b) All refuse shall be stored in fly tight, rodent proof, containers , which shall be located within 150 feet of any mobile home or travel trailer space. Containers shall be provided in sufficient numbers and capacity to properly store all refuse. cwb/11-13-67 N -10- • (c) All refuse shall be collected at least three times each week during summer months and twice each week during winter months . Refuse shall be buried only at locations and by methods approved by the City Manager and in accordance with the ordinances of the City of Ames . (d) Racks or holders shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning around them. Lids for containe s shall be permanently connected to racks or holders with chains or other flexible materials . Section 23-1024. Insect and rodent control (a) Insect and rodent control measures to safe- guard public health as required by the City Manager, shall be applied in the park. (b) Effective larvicidal solutions may be required by the City Manager for fly or mosquito-breeding areas which cannot be controlled by other, more permanent measures . (c) The City Manager may require the park operator to take suitable measures to control other insects and obnoxious weeds . (d) Accumulations of debris which may provide harborage for rodents shall not be permitted in the mobile home park. (e) When rats or other objectionable rodents are known to be in the park, the park operator shall take definite action, as directed by the City Manager, to exterminate them. Section 23-1025 . Electricity : exterior lighting. (a) An electrical outlet supplying at least 50 amperes shall be provided for each mobile home space. The installation shall comply with all applicable state and local electrical codes and ordinances . Such electrical outlets and extension lines shall be grounded and weatherproofed. No power supply line shall be permitted to lie on the ground, and no main power line shall be suspended less than 18 feet above the ground, unless otherwis approved by the City Manager. (,b) Streets and walkways within mobile home and travel trailer parks shall be lighted with street lights meeting 2 foot candle average on streets and 4 foot candle on walkways with 1 to 6 average to dark ratio of uniformity on streets . Section 23-1026. Fuel. All piping from outside fuel storage tanks or cylinders to mobile homes shall be of acceptable material as determined by the City Manager and shall be permanently installed and securely fastened in place. All fuel storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath the mobile home or less than five feet from any mobile home exit. Section 23-1027. Fire protection. (a ) Park areas shall be kept free of litter, rubbish and other flammable materials . (b) Where a public water system with a water main of six (6) inches or larger is available to the mobile home park standard fire hydrants shall be located within 400 feet of each mobile home or building. (c) Fires shall be made only in stoves and other cooking and/or heating equipment intended for such purposes. Section 23-1028. Alterations and additions. All plumbing and electrical alterations or repairs in the park shall be made in accordance with appli- cable local regulations. Section 3. All ordinances and parts of ordinances in conflict herewith are repealed. Section 4. This ordinance is in full force and effect from and after its passage and publication according to law. Passed this 23rd day of April 1968. Lo ise Whitcome, City Clerk Stuart N. Smith, Mayor 4/2/68 Moved by Fisher-LeBaron the Ordinance pass on lst reading. Aye : Thurston, Judge, Fellinger, Newell, LeBaron, Fisher Nay: None Ordinance declared passed on 1st reading 4/16/68 Moved by Judge-Thurston the Ordinance pass on 2nd reading. Aye : Thurston, Judge, Fellinger, Newell, Fisher Nay: None Absent: LeBaron Ordinance declared passed on 2nd reading 4/23/68 Moved by Newell-Judge the Ordinance pass on final reading Aye : Thurston, Judge, Fellinger, Newell, LeBaron, Fisher Nay: None Ordinance declared adopted.