Q-9 MOBILE HOME PARKS

Q-9-101 DESIGN REQUIREMENTS – EXISTING PARKS

An existing mobile home park shall conform to the following requirements:

A. All parks shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.

B. Mobile home park spaces existing prior to the effective date of this chapter shall have a minimum of one thousand five hundred (1,500) square feet per space. All spaces must be clearly defined and marked.

C. Each mobile home shall be placed such that no portion of the original mobile home or any portion of any attachment to the original unit shall be closer than ten (10) feet from any other original mobile home or attachment thereto. No portion of the original mobile home or any portion of any attachment to the original unit shall be located closer than six (6) feet from any adjoining private property line bounding the mobile home park.

D. All mobile homes shall abut upon a driveway of not less than twenty-four (24) feet in width which shall have unobstructed access to a public street or highway; all driveways shall be all-weather surfaced, well marked in the daytime, and lighted at night. One (1) off the public right-of-way parking space must be available at each mobile home space.

E. Underground utilities shall be required in all mobile home parks, except for those mobile home parks constructed and currently licensed prior to the effective date of this ordinance.

F. An electrical outlet supplying at least the volt and amperage rating of the service panel in the unit shall be provided for each mobile home space.

G. Each mobile home space shall have municipal water and sanitary sewer services in compliance with the State of South Dakota Plumbing Code.

H. All mobile homes must be properly skirted and approved by the Public Works Director or designee.

I. Junk as defined in Ordinance 671 and L-1-1 (5) shall not be allowed to accumulate in the mobile home park.

J. All mobile homes within the mobile home park shall be occupied and properly connected to municipal water, sewer, and electric services.

K. No mobile home within a mobile home park may be utilized as a business building as defined in L-1-1 (1) and Ordinance No. 671.

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Q-9-201 PURPOSE FOR MOBILE HOME PARKS

Since mobile homes have a special residential character of their own and may have a significant effect upon the comprehensive plan for the development of the City, particularly with regard to planning and establishment of the sanitary and storm sewer lines, water lines, streets, traffic flow and other safety and health considerations, it is in the public interest that guidance over their planning be exercised by the City Council with the assistance of the City Planning and Zoning Commission.

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Q-9-202 DISTRICTS IN WHICH MOBILE HOME PARKS PERMITTED – PROCEDURES FOR APPLICATION AND ISSUANCE OF A LICENSE

A. Mobile home parks are permitted in the One-family Residential District D.

B. It is unlawful for any person to maintain or operate within the zoning jurisdiction of the City of Fort Pierre any mobile home park without a license therefore. All mobile home parks in existence upon the effective date of this chapter shall, within thirty (30) days thereafter, obtain such a license. The license period shall be from July 1 to June 30 annually and all licenses shall expire on June 30th.

C. No lot or parcel of land shall be used for a new mobile home park or the expansion of an existing park until and unless an application for a license has been filed with the City Finance Officer or his designee, reviewed by the City Planning and Zoning Commission, and approved or denied by the City Council, at its discretion. All applications, plans, maps, designs, specifications, and drawings must be submitted in triplicate. License renewals shall not require resubmission of plans after the initial filing. The application shall be signed by the owner and shall include the following information:

1. The name and address of the applicant and/or manager or operator, if different than the applicant.

2. A plot showing the location of present and proposed buildings, driveways, proposed location of units, and sanitary conveniences.

3. A copy of the plans and specifications of all proposed buildings and improvements, except mobile homes, to include electrical wiring, water service pipes, sanitary sewer pipes, storm sewer drainage, gas service pipes, garbage, roads, and sidewalks.

4. The location and legal description of the mobile home park.

D. No changes may be proposed in a mobile home park without filing for an adjustment to the original plan, in the same manner required of the original plan.

E. Upon application for a transfer of the license, the City Council may authorize a transfer of any mobile home park in compliance with all provisions of this chapter.

F. All mobile home parks constructed since June 18, 1976, will be in conformity with this chapter. All existing mobile home parks will follow these guidelines when increasing their size. All existing mobile home parks will be in conformity with Q-9-101, and shall conform to all ordinances in effect at the time of construction of the mobile home park. Existing mobile home parks shall be considered a non-conforming use, as that term is defined and applicable under the provisions of the 1969 Zoning Ordinance No. 336 (Q-1-102), as amended.

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Q-9-203 ISSUANCE OF PERMIT FOR PROPOSED MOBILE HOME PARK CONSTRUCTION BY CITY OF FORT PIERRE UPON CERTAIN FINDINGS

Upon the finding by the City that the proposed mobile home park will constitute a development of sustained desirability, that it will not result in an over-intensive use of the land, that it will not result in undue traffic hazards, and not otherwise be detrimental to the health, safety, and welfare of the community, the City may issue a permit or permits for the proposed mobile home park.

Q-9-204 ACCESSORY USE

Accessory buildings and uses customarily incidental to any of the permitted uses in the district and provided that such use shall conform to all performance standards set forth for this district.

Q-9-205 SPACE LIMITATIONS

A. Building height limit. No building shall exceed two (2) stories or twenty-eight (28) feet.

B. Required area for a mobile home space. Mobile home spaces shall be provided consisting of a minimum of five thousand (5,000) square feet for each space.

C. Percentage of lot coverage. The accumulated floor area of a mobile home unit and its accessory structures shall not exceed one-half or fifty percent (50%) of the respective lot area.

D. Yards required.

1. The front and rear of any mobile home shall not be located closer than thirty (30) feet from any other mobile home or from any service building within the mobile home park. The side of any mobile home shall not be closer than thirty (30) feet from any other mobile home within the mobile home park. All mobile homes shall be required to be located a minimum of twenty-five (25) feet from all exterior boundaries of the mobile home park. All accessory buildings, decks, lean-tos, and the like shall be located at least seven and one-half (7 1/2) feet from other accessory buildings or adjacent park space lot lines.

2. The Board of Adjustment and Appeals will allow no variances from the requirements in Q-9-205.

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Q-9-206 REQUIREMENTS FOR DRIVEWAYS, VEHICULAR ACCESS, PARKING, AND LIGHTING OF MOBILE HOME PARKS.

A. All mobile home spaces shall abut upon a driveway of not less than forty (40) feet in width, which shall have unobstructed access to a public street or highway, and the sole vehicular access shall not be by an alley, and all dead-end driveways shall include adequate vehicular turning space.

B. All driveways within the mobile home park shall be all weather with a dust-free surface course and lighted at night with electric lamps of not less than one hundred and fifty (150) watts each, spaced at intervals of not more than one hundred and fifty (150) feet, or by a lighting plan approved by the Director of Public Works or his designee.

C. A minimum of two (2) off-driveway or off the public right-of-way car parking spaces with an all-weather, dust-free surface course shall be provided for each mobile home space.

D. The area of the mobile home stand shall be improved to provide adequate support for the placement and tie-down of the mobile home as determined by the Director of Public Works or his designee. Anchors and tie-downs shall be placed at least at each corner of the mobile home stand.

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Q-9-207 REQUIREMENTS FOR SITE DRAINAGE, GRADING, UNDERGROUND WIRING, FENCING, PLAYGROUNDS, AND OTHER REQUIREMENTS FOR MOBILE HOME PARKS.

A. The mobile home parks shall be located on a well-drained site, properly graded to insure rapid drainage.

B. Each mobile home park shall provide a separate, grassed ground recreation area of not less than two hundred (200) square feet per mobile home space. This section may be waived if the mobile home park is within four hundred (400) feet of an existing park or playground.

C. All utilities in the mobile home park shall be placed underground. An electrical outlet meeting or exceeding the design capacity of the unit but not less than two hundred twenty (220) volts and two hundred (200) amperes shall be provided to each mobile home space.

D. Each mobile home space shall have water and sanitary sewer service in compliance with the State of South Dakota Plumbing Code.

E. A covered garbage can shall be provided in quantities adequate to reasonably meet the needs of the residents of the mobile home park.

F. Each mobile home space must be within four hundred (400) feet of a fire hydrant, and all parks shall have adequate fire protection in full compliance with City ordinances and the National Fire Code.

G. Each mobile home park shall provide a separate security fenced and lighted area of not less than four hundred (400) square feet per mobile home space for storage of extra vehicles (boats, RVs, and the like), unless driveways are a minimum of fifty (50) feet wide or lots are seven thousand five hundred (7,500) square feet or larger.

H. There shall be twenty (20) foot utility easements provided to the City at locations as called for on the park construction plans.

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Q-9-208 RESPONSIBILITY OF LICENSEE AND OCCUPANTS OR HOMEOWNERS IN ALL MOBILE HOME PARKS

A. Responsibility of the licensee. The mobile home park licensee will operate said park in strict compliance with the provisions of this chapter and will provide adequate supervision to maintain the park, its related facilities, roadways, drainageways, walkways, open spaces, utilities and equipment in good repair and in a clean and sanitary condition.

1. The licensee will be responsible for numbering each lot or unit in the mobile home park in a manner insuring the visibility of the number from the driveway.

1. The licensee will be responsible to see that building permits are secured for detached accessory buildings and attached entries or decks.

3. The mobile home owner shall be responsible for securing all permits including moving and building permits.

4. The licensee will be responsible for the proper placement of each mobile home and notification to the City when new units are placed in conformance with Q-9.

5. The licensee will notify in writing the park occupants of all applicable provisions of this chapter and inform them of their responsibilities thereunder.

6. The licensee will provide the City with the name, address, and phone number of the local park management.

B. Responsibilities of the occupants or homeowners. The occupants or owner of any mobile home will comply with all applicable requirements of this chapter and will maintain the mobile home space, its facilities, and equipment in good repair and in a clean and sanitary condition.

C. No mobile home park shall be required to provide laundry facilities, restrooms, showers, office building, or require the owner, manager, or caretaker to live at the mobile home park.

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Q-9-209 ISSUANCE OF MOBILE HOME PLACEMENT PERMITS IN ALL MOBILE HOME PARKS.

A. It will be unlawful to allow any mobile home to be occupied in a mobile home park unless the unit is situated on a mobile home space and a placement permit issued as herein provided. The placement of the mobile home shall conform to all ordinances in effect at the time of construction of the mobile home park. A placement permit will not be required for a seasonal or recreation type mobile home, recreation vehicle, or trailer that will be placed in the mobile home park less than thirty (30) days.

B. It will be the duty of every mobile home owner to file an application for a mobile home placement permit with the City Building Inspector or his designee five (5) days prior to the date of the placement of the mobile home or trailer in a licensed park. The location of the mobile home in the mobile home space shall be verified by the mobile home park owner. The City Building Inspector or his designee will cause an inspection of the mobile home space to be made to verify compliance of the unit’s placement with the provisions of this chapter dealing with proper placement and mobile home stands. It will be the responsibility of every mobile home park licensee to advise every mobile home owner desiring to place his unit said licensee’s park that a placement permit must be obtained from the City Building Inspector or his designee. The mobile home owner will have the responsibility of obtaining a placement permit and paying the applicable fee as outlined in the building permit fee schedule.

Q-9-210 ISSUANCE OF BUILDING PERMIT BY CITY BUILDING INSPECTOR FOR STRUCTURES IN ALL MOBILE HOME PARKS

The building permit shall be secured by the mobile home park owner or his duly authorized representative. Building permits required by the City in residential zoning shall apply to mobile home parks. Failure of the mobile home park owner to secure the required building permit would result in the notation of a violation in the annual inspection report and the possibility of forced removal of the said structure. If a violation is noted, the procedures for enforcement of the building permit ordinance will be in effect. All attached buildings shall conform to the ordinance in effect at the time of construction of the mobile home park. All accessory buildings shall be located at least seven and one-half (7 1/2) feet from other accessory buildings and mobile homes.

Q-9-211 GENERAL HOUSING REQUIREMENTS

Mobile home units must conform to current mobile home construction and safety standards. Mobile homes presently in place must meet all amendments thereto as set forth in Q-9-109. Mobile homes built prior to these restrictions will be accepted if in a sound condition free from flaws or defects, installed or put in proper condition for its intended use. No person will occupy or let to another for occupancy any dwelling or dwelling unit, which does not comply with the following requirements:

A. Every skirting, exterior wall and roof will be substantially weathertight.

B. Every outside stairway will be maintained in safe and sound condition and good repair with code conforming handrail.

Q-9-212 INSPECTIONS OF ALL MOBILE HOME PARKS

An annual inspection by the City Building Inspector or his designee will be made of all mobile home parks. The inspection includes a review of any complaints received by the City in regards to the operation of the mobile home park during the previous year. The inspection also includes a determination of conformity or non-conformity of City ordinances. Failure to make all corrections within thirty (30) days of written notice by the City of noncompliance may result in suspension of the mobile home park license.

Q-9-213 LICENSE FEE AND REVOCATION OF LICENSE

The basic annual license fee for each mobile home park shall be Fifty Dollars ($50). The fee for transfer of this license as provided in this chapter shall be Fifty Dollars ($50). The City Council may revoke any license to maintain and operate a park when the licensee has been found to violate any provision of this chapter. Notification of listed violations must be given in writing to the licensee by the City Council. A period of ninety (90) days will be allowed from the date of notification for the licensee to make necessary corrections, after which the City Council may act to revoke the mobile home park license. Suspension, nonrenewal, or revocation of a mobile home park license for noncompliance with these provisions shall permit the City to discontinue utility services provided by the City. Any mobile home park whose license has been suspended, revoked, or not renewed ceases to be a mobile home park. No application to resume a mobile home park may be approved without compliance with the mobile home park ordinance which is then presently in effect. After notice of noncompliance, the licensee may, within ten (10) days, request a hearing before the City Council. Failure to request a hearing allows the City to suspend, revoke, or terminate such license and discontinue utilities until further notice.

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Q-9-214 ALL MOBILE HOMES IN LICENSED PARKS

All trailer houses, mobile homes, or manufactured homes of every type and description within the area as described in Q-1-101 shall be located in a licensed mobile home park.

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Whenever an application for placing a mobile home, modular home, or manufactured home has been presented to the City Council, the City Council shall cause notice of the time and place when an application under Q-9-214 will be considered to be published, and such hearing shall not take place less than ten (10) days from the date of the publication.

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Q-9-215 PENALTY PROVISIONS

It shall be unlawful for any person, firm, trust, partnership, or corporation to violate any of the provisions of this chapter. Any violation is punishable, upon conviction, by a fine not to exceed One Hundred Dollars ($100) and imprisonment not to exceed five (5) days. A separate offense is committed each day that a mobile home park is operated in violation of this ordinance. The fine imposed by this section is in addition to any specific penalty or sanction imposed in this chapter.

Q-9-216 DEDICATION OF PUBLIC RIGHT-OF-WAY WITHIN MOBILE HOME PARK.

If all streets within a mobile home park are in compliance with all ordinances in this chapter, meet all requirements of Q-12-1000 and chapters K-1 through K-3 which are not in conflict with this chapter, and satisfy those construction standards of the 2004 South Dakota Department of Transportation Standard Specifications for Roads and Bridges approved by the Director of Public Works, the owner of the mobile home park may request that the City accept public dedication of said streets. Materials shall be tested in place. The request shall be referred to the Planning and Zoning Commission for review. Following review, the Planning and Zoning Commission shall recommend to the Common Council acceptance or rejection of the dedication and the reasons therefore. Upon a showing to the satisfaction of the Common Council that dedication of streets within a mobile home park is in the best interests of the City of Fort Pierre, the City may accept public dedication of all streets, free and clear of all liens and encumbrances on the property and public improvement thus dedicated.

Source: ORD 845, 932

Authority: SDCL Ch. 11-4

Q-9-217 DEDICATION OF UTILITIES WITHIN MOBILE HOME PARK.

If all sewer, water and electrical utility improvements within a mobile home park are in compliance with this chapter and meet all requirements of Q-12-1100 and chapters H-1 through H-4 which are not in conflict with this chapter and are located in the public right-of-way with the exception of the electric utility, the owner of the mobile home park may request that the City accept public dedication of said improvements. The request shall be referred to the Planning and Zoning Commission for review. Following review of all necessary plans, specifications, test results and engineering reports, the Planning and Zoning Commission shall recommend to the Common Council acceptance or rejection of the dedication and the reasons therefore. Upon a showing to the satisfaction of the Common Council that dedication of all sewer, water and electrical utility improvements within a mobile home park is in the best interests of the City of Fort Pierre, the City may accept public dedication of said improvements, free and clear of all liens and encumbrances on the property and public improvements thus dedicated.

Source: Ord 845, 932

SECTIONS Q-9-216 TO 299, INCLUSIVE. RESERVED.