Rawlins Municipal Code
Title 16
Chapters:
Chapter 16.04
Sections:
Section 16.04.010 Purpose.
The purpose of this title is to promote the public health, safety and
general
welfare of the
community. Manufactured homes, because of the manner of their construction and assembly
(including
heating, plumbing and electrical systems), like other finished products having concealed vital
parts, may present hazards to the health, life and safety of persons and to the safety of property
unless properly manufactured. Inspection of the construction of manufactured homes frequently
cannot
satisfactorily be performed after the unit has been manufactured. Further, manufactured home
parks
may present hazards to the health and safety of persons and to the safety of property unless they
are properly planned, constructed and maintained. It is the policy of the city
to:
A. Provide protection to the public
against possible
hazards arising from manufactured home
construction and for that purpose forbid the manufacture and sale, or placement of manufactured
homes which are not
constructed so as to provide reasonable safety and protection to their
occupants;
B. Provide protection to the public
against unsafe and
unhealthful conditions in manufactured home
parks and camping parks, and to assure to those who live in such parks a reasonably safe,
sanitary and decent environment;
C. Protect and conserve the value of
land and buildings
nearby;
D. Provide for adequate water, sewage,
recreation and
other requirements, facilities and open
space needs as will accommodate the tenants of manufactured home parks and camping
parks;
E. Establish reasonable standards of
design and procedures
for manufactured home and camping
park developments, in order to further the orderly layout and use of land;
and
F. Avoid excessive expenditure of
public funds for the
supply of public services. (Ord. 6B-79 § 1 (part): prior code §
15-1(b))(Ord. 11a-2005, Amended, 11/15/2005)
This title applies to all manufactured home
developments within
the jurisdictional area of the city
council. (Ord. 6B-79 § 1 (part): prior code § 15-1(c))(Ord. 11a-2005, Amended,
11/15/2005)
This title shall be administered by the city
director of planning.
(Ord. 6B-79 § 1 (part): prior code §15-1(a))(Ord. 11-2007, Amended, 11/06/2007;
Ord. 11a-2005, Amended, 11/15/2005)
A manufactured home park or camping
developer shall comply with reasonable conditions laid down by the director of planning for
design,
dedication, improvement and restrictive use of the land so as to conform to the physical and
economic
development of the city and to the safety and general welfare of the future tenants in the
manufactured
home park or the camping park and of the community at large. (Ord. 6B-79 § 1 (part):
prior
code § 15-2(c))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended,
11/15/2005)
Any owner or proprietor of a manufactured
home park
or camping
park within the jurisdiction area of
the city who fails to provide and maintain any of the improvements or facilities required by this
title, unless a specific variance or variances have been granted by the city council, shall be
subject to a fine not to exceed two hundred dollars for each day such failure continues; provided,
however, no fines shall be imposed unless the owner or proprietor has personal knowledge of the
deficiencies and has failed after the passage of a reasonable period of time to take measures
reasonably calculated to remedy the situation. (Ord. 6B-79 § 1 (part): prior code §
15-4)(Ord. 11a-2005, Amended, 11/15/2005)
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Chapter 16.08
Sections:
Section 16.08.010 Generally.
A. For the purpose
of this title,
certain numbers, abbreviations, terms and words used in this
title shall be used, interpreted and defined as set forth in this chapter.
B. Unless the
context clearly indicates
to the contrary, words used in the present tense
include the future tense; words used in the plural number include the singular; the word
"herein"
means "in this title." (Ord. 6B-79 § 1 (part): prior code § 15-66 (part),
(e))(Ord. 11a-2005, Amended, 11/15/2005)
"Alley" means a minor way
dedicated to the public
and designed or used primarily for
vehicular service access to the rear or side of properties otherwise abutting on a street. (Ord.
6B-79
§ 1 (part): prior code § 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
"Applicant" means a landowner or
developer who
has filed an application for development
including his heirs, successors and assigns. (Ord. 6B-79 § 1 (part): prior code §
15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
"Bond" means any form of security
including a cash deposit, surety bond, collateral, property or instrument of credit in an amount
and form
satisfactory to the director of planning. All bonds shall be approved by the director of planning
whenever a bond is required by this title. (Ord. 6B-79 §1 (part): prior code § 15-67
(part))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
A "building" includes a
"structure,"
a "building" or "structure" includes any part thereof. (Ord.
6B-79 § 1 (part): prior code § 15-66(f))(Ord. 11a-2005, Amended,
11/15/2005)
"Camping park" means a parcel (or
contiguous parcels)
of land which has been so designated
and improved that it contains two or more camping sites available for rent and the placement
thereon of travel trailers, truck campers, tent trailers or tents for temporary occupancy. (Ord.
6B-79
§ 1 (part): prior code § 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
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"Camping site" means a parcel of
land for the placement
thereon of a travel trailer, truck
camper, tent trailer or tent, for the temporary use of the occupant thereof. (Ord. 6B-79 § 1
(part):
prior code § 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
"City" refers to the incorporated
area of the city
of Rawlins, Wyoming, as it existed at the time
of the adoption of these regulations and including any revisions thereto. (Ord. 6B-79 § 1
(part):
prior code § 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
"City attorney" means the licensed
attorney designated
by the city council to furnish legal
assistance for the administration of these regulations. (Ord. 6B-79 § 1 (part): prior code
§
15-67
(part))(Ord. 11a-2005, Amended, 11/15/2005)
"City engineer" refers to the
engineer employed or contracted by the city for the purpose of providing engineering services
and inspecting the plans and construction of public facilities.(Ord. 6B-79 § 1 (part): prior
code
§ 15-67 (part))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended,
11/15/2005)
"Construction plans" means the
maps or drawings
approved by the city engineer showing the
specific location and design of improvements to be installed in the development in accordance
with the requirements of the city engineer as a condition of approval of the final development
plan. (Ord. 6B-79 § 1 (part): prior code § 15-67 (part))(Ord. 11a-2005, Amended,
11/15/2005)
"Dependent travel trailer or truck
camper" means
a travel trailer or truck camper which does
not have either a flush toilet, bath or shower. (Ord. 6B-79 § 1 (part): prior code §
15-67
(part))(Ord. 11a-2005, Amended, 11/15/2005)
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"Developer" means any individual,
firm, association,
corporation, governmental agency or any
other legal entity commencing proceedings under this title, to carry out the development of land
as defined in this chapter, for himself or for another. (Ord. 6B-79 § 1 (part): prior code
§
15-67
(part))(Ord. 11a-2005, Amended, 11/15/2005)
"Final development plan" means the
final map, drawings or chart upon which the developer's plan of development is presented to the
director of planning for approval. (Ord. 6B-79 § 1 (part): prior code § 15-67
(part))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
"Preliminary development plan"
means the
preliminary drawing or drawings described by this title, indicating the proposed manner or layout
of the
development to be submitted to the director of planning for approval. (Ord. 6B-79 § 1
(part):
prior code § 15-67 (part))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended,
11/15/2005)
"Drainageway" means an existing or
proposed channel
wherein normally only storm water
runoff flows. (Ord. 6B-79 § 1 (part): prior code § 15-67 (part))(Ord. 11a-2005,
Amended, 11/15/2005)
"Easement" means authorization by
a property owner
for the use by another, and for a
specified purpose, of any designated part of his property. (Ord. 6B-79 § 1 (part): prior code
§
15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
"Engineer" means any person licensed to practice
professional engineering
in the state as
specified in Sections 33-29-101 through 33-29-114, Wyoming Statutes, annotated (
(2003).
(Ord. 6B-79 § 1 (part): prior code § 15-67 (part))
(Ord. 11a-2005, Amended, 11/15/2005; Ord. 08b-2003, Amended,
08/05/2003)
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"One-hundred-year flood" means
flood limits resulting
from a one-hundred-year storm. (Ord.
6B-79 § 1 (part): prior code § 15-67 (part))(Ord. 11a-2005, Amended,
11/15/2005)
"Grade" means the inclination from
the horizontal
of a road, utility, land, etc., and is expressed
by stating the vertical rise or fall as a percent of the horizontal distance. (Ord. 6B-79 § 1
(part):
prior code § 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
"Health authority" means the city
health officer
or any other person or persons designated by
the mayor to serve in that capacity for the purposes of this title. (Ord. 6B-79 § 1 (part):
prior
code
§ 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
"Improvements" means roadway
pavement, curbs, gutters,
sidewalks, water lines, sewer lines,
storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and
other related matters normally associated with the development of raw land into manufactured
home or
camping parks. (Ord. 6B-79 § 1 (part): prior code § 15-67 (part))(Ord. 11a-2005,
Amended, 11/15/2005)
"Independent travel trailer or truck
camper" means
a travel trailer or truck camper which has
both a flush toilet and shower. (Ord. 6B-79 § 1 (part): prior code § 15-67
(part))(Ord. 11a-2005, Amended, 11/15/2005)
The word "lot" includes the word
"plot"
or "parcel." (Ord. 6B-79 § 1 (part): prior code § 15-66(d))(Ord.
11a-2005,
Amended, 11/15/2005)
"Manufacturer" means any person
engaged in manufacturing
or assembling manufactured homes,
including any person engaged in importing into this city manufactured homes for resale. (Ord.
6B-79
§
1 (part): prior code § 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
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A structure, transportable in one or more dependent
sections,
constructed in conformance with
the National Manufactured Housing Construction and Safety Standards Act, which is built on a
permanent chassis and designed to be used as a single family residential dwelling unit. (Ord.
08-00)
(Ord. 11a-2005, Amended, 11/15/2005; Manual, Added, 08/03/2000)
"Master plan" means a
comprehensive plan for development
of the city, prepared and adopted
by the planning commission, pursuant to state law, and including any part of the plan separately
adopted and any amendment to such plan, or parts thereof. (Ord. 6B-79 § 1 (part): prior
code §
15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
A structure, transportable in one or more sections, designed for use
as a single
family
residential dwelling unit, built on a permanent chasses, that cannot provide certification of
compliance with the National Manufactured Housing Construction and Safety Standards Act.
Such a structure shall be considered to be a mobile home, whether or not the wheels
originally
mounted have been removed, and whether or not the structure has been placed upon a permanent
foundation. (Ord. 6B-79 § 1 (part): prior code § 15-67 (part))
(Ord. 11a-2005, Amended, 11/15/2005; 16.08.270, Amended, 08/01/2000)
"Manufactured home lot" means a parcel of land for the
placement thereon of a manufactured home and for the exclusive use of the manufactured home, mobile
home, motor home or camper trailer occupant. (Ord. 6B-79 § 1 (part): prior code §
15-67 (part))
(Ord. 08-2009, Amended, 09/01/2009; Ord. 11a-2005, Amended,
11/15/2005)
"Manufactured home park" means a
parcel
(or contiguous
parcels) of land which has been so
designated and improved that it contains two or more manufactured home lots available for rent
and the
placement thereon of manufactured homes for residential occupancy. (Ord. 6B-79 § 1
(part): prior
code
§ 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
A structure, transportable in one or more dependent sections,
designed for use
as a single
family residential dwelling unit, not built on a permanent chassis, capable of being transported
from the place of fabrication to the site on which it is to be erected, where it is placed on a
permanent foundation and, when assembled, meets all of the provisions of the Uniform Building
Code of International Building Code for residential dwelling units. (Ord.
08-00)
(Ord. 11a-2005, Amended, 11/15/2005; 16.08.295, Added, 08/01/2000)
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"Off-site" means any premises not
located within
the area of the property to be developed,
whether or not in the same ownership of the applicant for development approval. (Ord. 6B-79
§ 1
(part): prior code § 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
"Open space" means an area open to
the sky. The area may include, along with the natural environmental features, swimming pools,
tennis
courts, and any other recreational facilities that the director of planning deems permissive.
Streets,
structures for habitation and the like shall not be included. (Ord. 6B-79 § 1 (part): prior
code
§ 15-67 (part))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended,
11/15/2005)
"Ordinance" means any legislative
action, however
denominated, of the city council which has
the force of law, including any amendment or repeal of any ordinance. (Ord. 6B-79 § 1
(part):
prior code § 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
"Owner" means any person, group
of persons, firm
or firms, corporation or corporations or any
other legal entity having legal title to or sufficient proprietary interest in the land sought to be
developed under this title. (Ord. 6B-79 § 1 (part): prior code § 15-67 (part))(Ord.
11a-
2005, Amended, 11/15/2005)
"Park facilities" means all
structures, utility
connections, roads, parking lots, recreational
facilities and other improvements on or within the development. (Ord. 6B-79 § 1 (part):
prior
code § 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
"Off-street parking" means parking
space which
shall be adequate in area to provide for the
off-street parking as required together with properly related access to a roadway and
maneuvering room, but shall be located totally outside of any roadway, street or alley
right-of-way.
(Ord. 6B-79 § 1 (part): prior code § 15-67 (part))(Ord. 11a-2005, Amended,
11/15/2005)
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"Park standards" means the
standards for design
and construction of manufactured home parks and
camping parks as defined in this title. (Ord. 6B-79 § 1 (part): prior code § 15-67
(part))(Ord. 11a-2005, Amended, 11/15/2005)
"Perimeter street" means any
existing street to
which the parcel of land to be developed abuts
on only one side. (Ord. 6B-79 § 1 (part): prior code § 15-67 (part))(Ord. 11a-2005,
Amended, 11/15/2005)
The word "person" includes a firm,
association,
organization, partnership, trust, company or
corporation as well as an individual. (Ord. 6B-79 § 1 (part): prior code §
15-66(a))(Ord. 11a-2005, Amended, 11/15/2005)
"Public improvement" means any
drainage ditch,
roadway, parkway, sidewalk, pedestrianway,
off-street parking area, lot improvement or other facility for which the city may ultimately
assume the responsibility for maintenance and operation, or which may affect an improvement
for which responsibility is established. (Ord. 6B-79 § 1 (part): prior code § 15-67
(part))(Ord. 11a-2005, Amended, 11/15/2005)
"Sanitary station" means a facility
provided for
the emptying of tanks and flushing of hoses of
sewage holding tanks in travel trailers or other travel vehicles. (Ord. 6B-79 § 1 (part): prior
code
§ 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
"Service building" means a building
housing separate
toilet and bathing facilities for men and
women, having laundry facilities and a slop sink. (Ord. 6B-79 § 1 (part): prior code
§ 15-67
(part))(Ord. 11a-2005, Amended, 11/15/2005)
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The word "shall" is mandatory
requirement, the
word "may" is a permissive requirement, and
the word "should" is a preferred requirement. (Ord. 6B-79 § 1 (part): prior
code §
15-66 (b))(Ord. 11a-2005, Amended, 11/15/2005)
"Slop sink" means a sink used for
cleanup purposes
within the service building and liquid
waste disposal. (Ord. 6B-79 § 1 (part): prior code § 15-67 (part))(Ord. 11a-2005,
Amended, 11/15/2005)
"Specifications" means the
engineering specifications
of the city prepared by the city engineer
for the purpose of regulating the installation of any improvement or facility required to be
installed as a condition of approval of the development plan. (Ord. 6B-79 § 1 (part): prior
code
§
15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
"One-hundred-year storm" means a
storm intensity
with a probability of recurrence once in
every one hundred years. (Ord. 6B-79 § 1 (part): prior code § 15-67 (part))(Ord.
11a-
2005, Amended, 11/15/2005)
"Street" means a public right-of-way
which affords
primary vehicular traffic or pedestrian
access to abutting properties, includes avenue, boulevard, road, highway, freeway, parkway,
thoroughfare and viaduct, but shall not include a lane or an alley for the purposes of this title.
(Ord. 6B-79 § 1 (part): prior code § 15-67 (part))(Ord. 11a-2005, Amended,
11/15/2005)
"Street line" means the dividing line
between the
street and the lot, also known as right-of-way
line. (Ord. 6B-79 § 1 (part): prior code § 15-67 (part))(Ord. 11a-2005, Amended,
11/15/2005)
"Tent" means a shelter made of
flexible material
erected directly on the ground. (Ord. 6B-79 §
1 (part): prior code § 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
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"Tent trailer" means a vehicle less
than twenty
feet in length with an expandable enclosure of
canvas, fabric or metal constructed in such a manner that temporary facilities for sleeping or
dwelling are provided. (Ord. 6B-79 § 1 (part): prior code § 15-67 (part))(Ord. 11a-
2005, Amended, 11/15/2005)
"Travel trailer" means a vehicle
used and so constructed
as to permit its being used as a
conveyance upon public streets or highways and duly licensable as such, constructed in such a
manner as will permit occupancy thereof as a temporary or seasonal dwelling. (Ord. 6B-79
§ 1
(part): prior code § 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
"Truck camper" means any vehicle
used or so constructed
as to permit its being used as a
conveyance upon the public streets or highways and duly licensable as such, constructed in such
a manner that temporary facilities for dwelling or sleeping are provided upon the frame or bed of
the vehicle. Such facilities may be either permanently or temporarily attached. (Ord. 6B-79
§ 1
(part): prior code § 15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
The words "used" or
"occupies" include
the words "intended," "designed" or "arranged" to be
used or occupied. (Ord. 6B-79 § 1 (part): prior code § 15-66(c))(Ord. 11a-2005,
Amended, 11/15/2005)
"Variance" is a modification of the
strict terms
of the relevant regulations where the
modifications will not be contrary to the public interest and where owing to conditions peculiar
to the property and not the result of the action of the applicant, a literal enforcement of the
regulations would result in unnecessary and undue hardship. (Ord. 6B-79 § 1 (part): prior
code
§
15-67 (part))(Ord. 11a-2005, Amended, 11/15/2005)
"Vicinity map" means a drawing
located on the development
plan which sets forth by
dimensions or other means, the relationship of the proposed development to other nearby
developments or landmarks and community facilities and services within the city and/or county
in order to better locate and orient the area in question. (Ord. 6B-79 § 1 (part): prior code
§
15-67
(part))(Ord. 11a-2005, Amended, 11/15/2005)
"Walkway" means a way set aside
and improved for
pedestrian use only, whether along the
side of a road or not. (Ord. 6B-79 § 1 (part): prior code § 15-67 (part))(Ord.
11a-2005,
Amended, 11/15/2005)
"Director of Planning" refers to the
person
employed or contracted by the city to serve in this capacity, together with any duly authorized
representative. (Ord. 6B-79 § 1 (part): prior code § 15-67 (part))(Ord. 11-2007,
Amended, 11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
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Chapter 16.12
Sections:
16.12.060 Mobile Home and Manufactured Home
Use and Demolition.
Section 16.12.010 Conformance required.
A. Any new mobile home
manufactured, sold,
distributed for sale,
or offered for sale, or placed within the
jurisdictional area of the city which was manufactured or assembled after December 31, 1979,
shall conform to the standards established by the Secretary of the United States Department of
Housing and Urban Development pursuant to Section 604 of the National Mobile Home
Construction and Safety Standards Act of 1974 and any amendments thereto. (Ord. 6B-79
§ 1
(part): prior code § 15-9)
B. "Mobile homes that cannot provide
evidence
of certification with the National Manufactured Housing Construction and Safety Standards Act,
which were legally placed within the City of Rawlins prior to the effective date of this ordinance,
may be relocated within the City of Rawlins provided that, after inspection, the Building Official
determines that a Certificate of Occupancy can be issued."(Ord. 11a-2005, Amended,
11/15/2005)
It is unlawful for any person to establish and occupy a manufactured home outside
of a manufactured home park without first having obtained a manufactured home permit from the City.
The fee for a manufactured home permit shall be set by resolution of the City Council, and provided
for
in Title 1 of this code. (Ord. 6B-79 § 1 (part): prior code § 15-10) (Ord. No. 10C-94,
Amended, 11/04/94)
(Ord. 08a-2008, Amended, 08/19/2008; Ord. 11a-2005, Amended,
11/15/2005)
A. Occupancy of a
manufactured home outside
of a manufactured home park shall not be permitted until
the building official has issued a certificate of occupancy. A certificate of occupancy shall be
issued only after the manufactured home has been inspected for compliance with city
requirements for
utility connections, tie-down provisions, skirting and any other provisions pertinent
thereto.
B. Occupancy of a
manufactured home within
a manufactured home park shall not be permitted until and
unless the manufactured home park is approved and properly licensed as provided in this chapter.
(Ord.
6B-79 § 1 (part): prior code § 15-11)(Ord. 11a-2005, Amended, 11/15/2005)
Manufactured homes shall not be considered
permanent structures
and shall be required to remain in
a mobile condition by retaining, in place, the wheels with which they were originally equipped,
except as provided in Section 16.12.050. (Ord. 6B-79 § 1 (part): prior code §
15-12(a))(Ord. 11a-2005, Amended, 11/15/2005)
A manufactured home may be placed upon and
anchored to a permanent
foundation provided the
building official is provided with detailed plans and specifications together with the
manufacturer's certification that the manufactured home was constructed in accordance with all
applicable provisions of the city's building code, plumbing code and electrical code. In such
cases, the completed installation of the mobile manufactured home shall be considered a permanent
structure.
(Ord. 6B-79 § 1 (part): prior code § 15-12(b))(Ord. 11a-2005, Amended,
11/15/2005)
Section 16.12.060 Mobile Home and Manufactured Home Use and
Demolition.
Mobile homes and Manufactured Homes may not be used as an accessory building or for any
purpose other than the use intended by the manufacturer. A demolition permit is required for the
demolition or salvage of a Mobile home or Manufactured Home or for transportation for
demolition or salvage.
(Ord. 08-2009, Added, 09/01/2009)
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Chapter 16.16
Sections:
Section 16.16.010 Required.
| A. | It is unlawful for any person to operate a manufactured home park
or a camping park within the jurisdictional area of the city who does not possess a valid and effective
license from the City building code enforcement officer. Such a license shall be posted in a conspicuous
place. Only persons who comply with the requirements of this title shall be entitled to receive and retain
such a license. |
| B. | Licenses shall be site specific and nontransferable. |
| (Ord. 6B-79 § 1 (part): prior code §
15-17)(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended, 11/15/2005) |
| A. | Any person desiring to operate a Manufactured or Mobile home
park or a R.V. park shall make written application for a license on forms provided by the zoning
officer. Prior to issuance of the license, the park shall be inspected by the City to determine compliance
with the provisions of this title. |
| B. | A license fee shall be paid at the time application is made. Such fee
shall be set by resolution of the City Council, and provided for in Title 1 of this code. Each
license shall be valid for one year, unless revoked or suspended, and must be renewed annually.
Renewal fees shall be as set by resolution of the City Council, and provided for in Title 1 of this
code. |
| C. | Applicant shall submit a map as required by Section
12.28.070. |
| (Ord. B-79 6§ 1 (part): prior code § 15-18) (Ord. No.
10C-94, Amended, 11/04/94) |
|
(Ord. 08-2009, Amended, 09/01/2009; Ord. 08a-2008, Amended, 08/19/2008; Ord. 11-2007,
Amended, 11/06/2007;
Ord. 11a-2005, Amended, 11/15/2005) |
The license may be temporarily suspended by
the director of planning upon violation by the holder of any of the terms of this title or revoked
after an
opportunity for a hearing by the city council upon serious or repeated violations. The director of
planning shall provide written notice of a temporarily suspended license to the license holder. All
hearings provided for in this chapter shall be conducted at a time and place designated by the city
council. (Ord. 6B-79 § 1(part): prior code § 15-19(a))(Ord. 11-2007, Amended,
11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
No manufactured home park or camping park,
following temporary
suspension or noncompliance of
any adopted standards, or in a case of failure to renew a license, shall operate in excess of thirty
days. If conditions indicate, special consideration may be granted an owner of a manufactured
home
park or a camping park who has indicated a willingness and intent to achieve total compliance
with adopted standards, a temporary license may then be issued. The temporary license shall be
for a specified time. No additional extension shall be granted for reasons of further
noncompliance. Note: Special investigation may be initiated upon complaint and action may be
then taken to abate potential and actual sources of pollution or health hazards through the office
of the city attorney. (Ord. 6B-79 § 1 (part): prior code § 15-19(b))(Ord. 11a-2005,
Amended, 11/15/2005)
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Section
16.16.050 Suspension--Reinstatement--Application.
Any manufactured home park or camping park,
the
license of which
has been suspended, may at any
time make application for the reinstatement of the license. (Ord. 6B-79 § 1 (part): prior
code
§
15-19(c))(Ord. 11a-2005, Amended, 11/15/2005)
After the receipt of a satisfactory application,
accompanied
by a statement signed by the
applicant to the effect that the violated provision or provisions of adopted standards have been
conformed with, the health authority shall make a reinspection, and thereafter as many additional
reinspections as he may deem necessary to assure himself that the applicant is again complying
with requirements; and, in case the findings indicate compliance, the license shall be reinstated.
(Ord. 6B-79 § 1 (part): prior code § 15-19(d))(Ord. 11a-2005, Amended,
11/15/2005)
A manufactured home park or camping park
which
was in operation before the adoption of this title and is determined by the director of planning not
to be
in violation of any city or state health or safety code or law shall be issued a license, renewable
annually,
subject to the provisions set forth in Section 16.16.020. (Ord. 6B-79 § 1 (part): prior code
§ 15-20(a))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended,
11/15/2005)
The owner or operator of any manufactured home park or camping
park which does violate any health or safety code or law, but which was in lawful operation
before the
effective date of this title, shall be issued a provisional license by the director of planning and
shall be
allowed a grace period of one year in which to correct the health and/or safety violation(s). At or
before the end of this time period, the director of planning shall provide for the inspection of the
park
and shall determine whether or not it is in compliance with all health and safety standards. If the
director
of planning determines that any health or safety violation therein has not been brought into
compliance,
he shall recommend to the city council that the provisional license be revoked. (Ord. 6B-79
§ 1
(part): prior code § 15-20(b))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005,
Amended, 11/15/2005)
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Chapter 16.20
Sections:
Section 16.20.010 Plan approval.
Developers of new manufactured home parks or
camping parks and owners who wish to make revisions, alterations or expansions of existing
developments, must submit their plans to the city director of planning for study and review. (Ord.
6B-79 § 1 (part): prior code §15-26)(Ord. 11-2007, Amended, 11/06/2007; Ord.
11a-
2005, Amended, 11/15/2005)
Prior to the submission of a preliminary
development plan, as prescribed by this chapter, the developer or his agent may prepare and
submit a
sketch plan in four copies to the director of planning. The director of planning shall review the
sketch
plan with the developer and other agencies and departments. The purpose of the sketch plan
discussion
is to resolve any major points of disagreement before expenses are incurred in the development
of a
preliminary development plan. No action is required by any official or agency other than to offer
appropriate comments on the sketch plan. (Ord. 6B-79 § 1 (part): prior code §
15-27)(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
| The applicant shall file, in duplicate, an application for approval of a preliminary
development plan. The application shall: |
| A. | Be made on a form available at the
office of the zoning officer; |
| B. | Be accompanied by a minimum of
fifteen copies of the preliminary development plan as described in this chapter; |
| C. | Be accompanied by two copies of a
preliminary drainage plan prepared by an engineer knowledgeable in the field of hydrology and licensed
to practice in the state; |
| D. | Be accompanied by two copies of a
preliminary water and sewer plan together with, if required by the City Engineer, supporting engineering
analysis verifying the adequacy of existing and/or proposed sewer and water facilities and
systems; |
| E. | Be accompanied by a title insurance
commitment or other acceptable document which will adequately serve to verify that the subject
property
is free of encumbrances which would result in legal deterrents to the ultimate completion of the
development as proposed; |
| F. | Be accompanied by a preliminary
development review fee in the amount as set by resolution of the City Council, and provided for in Title
1 of this code. |
| (Ord. 6B-79 § 1 (part): prior code § 15-28(a)) (Ord. No.
10C-94, Amended, 11/04/94) (Ord. 08a-2008, Amended, 08/19/2008; Ord. 11-2007, Amended,
11/06/2007; Ord. 11a-2005, Amended, 11/15/2005) |
The director of planning shall, within three
working
days after all required submittals are received, furnish each of the following agencies and offices
with a
copy of the preliminary development plan for review and comment:
A. City
engineer;
B. Police
department;
C. Fire
department;
D. Director of
Public
Works;
E. Director of
Recreation
Services;
F. U.S. Post Office
(manufactured home parks
only);
G. Electric power
company;
H. Gas company
(manufactured home parks
only);
I. Telephone
company (manufactured home
parks only);
J. Building
official;
K. Cable company
(manufactured home parks
only); and
L. Other agencies
or public offices
affected by the proposed development. (Ord. 6B-79 § 1 (part): prior code §
15-28(b))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
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The director of planning shall consider a written
report from each of the agencies and offices enumerated in Section 16.20.040 as to whether the
information and data shown on the preliminary development plan and the associated documents
indicates that the proposed manufactured home park or camping park will be consistent with and
promote the objectives set forth in this title and the policies and requirements for the
development set
forth in the ordinances of the city. (Ord. 6B-79 § 1 (part): prior code §
15-28(c))(Ord.
11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
After considering the written reports and after
considering any objections from the agencies listed, the director of planning shall thereupon
approve,
conditionally approve or disapprove the preliminary development plan. Conditional approval
may be
given in instances where only minor deficiencies are present. In other cases, the preliminary
development plan shall be approved unless, in the judgment of the director of planning, the
manufactured home park or camping park proposed by the preliminary development plan would
in one
or more respects violate the spirit or letter of this title or any applicable law or ordinance, or
unless the
preliminary development plan and the associated information is lacking or inaccurate so as to
make a
decision on the substantive issues difficult or impossible. (Ord. 6B-79 § 1 (part): prior
code
§ 15-28(d))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended,
11/15/2005)
The approval of a preliminary development plan
shall be effective for a period of one year; at the end of which time, final approval on the
manufactured
home park or camping park must have been obtained from the director of planning. Any plans for
a
manufactured home park or camping park not
receiving final approval within the period of time set forth in this section, shall be null and void,
and the developer shall be required to resubmit a new development plan for preliminary
approval, subject to all new zoning restrictions and other regulations. In the event the final plans
cover only a portion of the territory covered by the preliminary development plan, the approval
of the preliminary development plan shall be automatically renewed for additional one-year
periods following the approval of each phase of development, unless the director of planning
notifies
the developer to the contrary. (Ord. 6B-79 § 1 (part): prior code § 15-28(e))(Ord. 11-
2007, Amended, 11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
Every development plan shall conform to
existing zoning regulations
applicable at the time of
proposed final approval. (Ord. 6B-79 § 1 (part): prior code § 15-28(f))(Ord.
11a-2005,
Amended, 11/15/2005)
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| Following the approval of the preliminary development plan, the applicant, if he
wishes to proceed with the manufactured home park or camping park shall file with the zoning officer,
an
application for final approval of the development. The application shall: |
| A. | Be made on forms available at the
office of the zoning officer; |
| B. | Be accompanied by a minimum of
eight copies of the final development plan as described in this chapter; |
| C. | Comply in all respects with the
preliminary development plan, as approved, except that the final development plan may constitute only
a
portion of the territory covered by the preliminary development plan. If the final development plan does
not conform to the preliminary development plan, the zoning officer will decide if the change is
substantial enough to warrant another preliminary development plan submission; |
| D. | Be accompanied by a detailed
estimate of all the manufactured home park or camping park improvement costs, the estimate to be
prepared by a professional engineer licensed to practice in the state; |
| E. | Be accompanied by a final
development plan review fee in the amount set by resolution of the City Council, and provided for in
Title 1 of this code. |
| F. | Provide evidence satisfactory to the
zoning officer that adequate access has been provided and that all proposed roadways within the
manufactured home park or camping park conform to the minimum standards adopted by the City
Engineer. All roadways within manufactured home parks and camping parks shall remain private and
the
City shall be under no obligation to repair, maintain or accept any dedication of such roads to the public
use;
|
| G. | If the developer proposes to utilize
adjoining property for water lines, drainage, sewer lines, power lines or other utilities, the developer
shall
provide copies of binding easements of not less than fifteen feet in width for the proposed facilities from
each property owner over whose land the services extend; |
| H. | Provide evidence satisfactory to the
zoning officer that the developer has adequate financial resources to develop and complete any facility
proposed or represented to be the responsibility of the developer, including but not limited to water
systems, sewage systems, drainage systems, street and roadways; |
| I. | Provide verification from the City
Engineer that the manufactured home park or camping park construction plans, the final development
plan and the final drainage reports have been reviewed and approved and that the proposed sewage
collection system and water distribution system together with all transmission and treatment facilities
meet with city, state and federal standards;
|
| J. | Provide verification from the City
Building Official that the plans for buildings, or other facilities for which building permits must be
obtained, have been reviewed and approved; and |
| K. | Be accompanied by any other
information consistent with this title and any other published rules and regulations which may be
pertinent or relevant to the evaluation of the application. |
| (Ord. 6B-79 § 1 (part): prior code § 15-29(a))
(Ord. No. 10C-94, Amended, 11/04/94)
(Ord. 08a-2008, Amended, 08/19/2008; Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005,
Amended, 11/15/2005) |
After receipt of the final development plan and
all supporting documents, the director of planning shall review the submittal for completeness
and for
conformance with the approved preliminary development plan and all requirements to and seek
comments from any other agency and official from whom approval is required or necessary.
Provided
the final development plan and all supporting documents are complete and in accord with the
provisions
of this title, the director of planning shall approve the final development plan within fifteen days
after all
documents have been filed. (Ord. 6B-79 § 1 (part): prior code § 15-29(b))(Ord. 11-
2007, Amended, 11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
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Chapter 16.24
Sections:
Section 16.24.010 Improvement guarantees.
All improvements required in this chapter shall
be guaranteed.
A. The applicant
may post a performance
bond, at the time of application for final
development plan approval, in an amount estimated by the city engineer as sufficient to secure to
the city the satisfactory construction and installation of the incompleted portion of required
improvements. The performance bond shall also secure all lot improvements on the individual
lots of the manufactured home park or camping park as required in this chapter.
B. The performance
bond shall comply
with all statutory requirements and shall be
satisfactory to the city attorney as to form, sufficiency, and manner of execution as set forth in
this chapter. The period within which required improvements must be completed shall be
specified by the zoning officer and shall not in any event exceed two years from the date of final
approval.
C. The bond shall
be approved by the zoning officer as to amount and surety and conditions satisfactory to the
zoning
officer. The director of planning may, upon proof of difficulty, extend the completion date set
forth in
the bond for a maximum period of one additional year. The city council may, at any time during
the
period of the bond, accept a substitution of principal or sureties on the bond upon
recommendation of
the city attorney, city manager, director of planning and city engineer. (Ord. 6B-79 § 1
(part):
prior code § 15-36(a))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended,
11/15/2005)
All required improvements shall be made by the
applicant,
at his expense, without
reimbursement by the city, or any improvement district therein, except that the city may share in
the cost of required off-site improvements when such are of an unusual nature and not consistent
with the character and/or size of normally required improvements. The cost sharing shall be in
accordance with policies and rules properly adopted by the city council. (Ord. 6B-79 § 1
(part):
prior code § 15-36(b))(Ord. 11a-2005, Amended, 11/15/2005)
In those cases where a performance bond has
been posted and
required improvements have not
been installed within the terms of the performance bond, the city council may thereupon declare
the bond to be in default and require that all the improvements be installed regardless of the
extent of the development at the time the bond is declared to be in default. (Ord. 6B-79 § 1
(part): prior code § 15-36(c))(Ord. 11a-2005, Amended, 11/15/2005)
If the director of planning finds that a developer
is not
able to post a performance bond, the director of planning may require the developer to use one of
the
improvement guarantee techniques set out in Sections 16.24.050 through 16.24.070. (Ord. 6B-79
§ 1 (part): prior code § 15-36(d)(part))(Ord. 11-2007, Amended, 11/06/2007; Ord.
11a-2005, Amended, 11/15/2005)
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The developer shall deposit cash, or U.S.
Government bonds, either with the city council or in escrow with a bank. The terms of the
escrow, the
use of collateral other than cash, and the selection of the bank with which funds are to be
deposited are
subject to the approval of the city council. Where an escrow account is to be employed, the
developer
shall file with the director of planning his agreement with the bank guaranteeing the
following:
A. That the funds
in the escrow account are to be held in trust until released by the director of planning and may not
be
used or pledged by the developer as security for any obligation during that period;
B. And that in case
the developer fails to complete the required improvements, the bank shall immediately make the
funds
in escrow available to the city for the completion of the improvements. (Ord. 6B-79 § 1
(part):
prior code § 15-36(d)(1))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended,
11/15/2005)
The developer may offer as a guarantee land or
other property,
including U.S. Government
bonds. A qualified real estate appraiser shall establish the value of any real property so used and
in so doing, shall take into account the possibility of a decline or rise in the value of the property
during the guarantee period. The director of planning reserves the right to reject the use as
collateral of
any property when the value of the property is unstable, when the property may be difficult to
sell, or when other factors exist which will inhibit the city from exchanging the property for an
amount of money sufficient to complete the required improvements. When property is offered as
an improvement guarantee, the developer shall:
A. Execute an
agreement, on a form acceptable to the city attorney, with the escrow agent when it is not the city
instructing the agent to release the property to the city in case of default. The agreement shall be
placed
on file for record;
B. File with the
director
of planning an affidavit affirming that the property to be used as a guarantee is free and clear of
any
encumbrances or liens at the time it is to be put in escrow;
C. Execute and file
with
the director of planning an agreement stating that the property to be placed in escrow as an
improvement guarantee will not be used for any other purpose, or pledged as a security in any
other
matter, until it is released by the director of planning.
(Ord. 6B-79 § 1 (part): prior code § 15-36(d)(2))(Ord. 11-2007, Amended,
11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
Subject to the approval of the city council, the
developer may provide an irrevocable letter of credit from a bank or other reputable institution or
individual. This letter shall be deposited with the zoning officer and shall certify the
following:
A. That the creditor
guarantees funds in an amount equal to the cost, as estimated by the director of planning and the
city
engineer of completing all required improvements;
B. That if the
developer fails to
complete the specified improvements within the required
period, the creditor will pay to the city immediately, and without further action, such funds as are
necessary to finance the completion of those improvements, up to the limit of credit stated in the
letter;
C. That this
irrevocable letter of credit may not be withdrawn, or reduced in amount until released by the
director of
planning. (Ord. 6B-79 § 1 (part): prior code §
15-36(d)(3))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
The director of planning may approve any
combination of the foregoing requirements that will insure the completion of the improvements
incident
to the proposed manufactured home park or camping park. (Ord. 6B-79 § 1 (part): prior
code
§ 15-36 (d)(4))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended,
11/15/2005)
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The improvement guarantee shall be submitted
to the city attorney for approval by the director of planning prior to the director of planning
issuing
approval of the final development plan regardless of which method of guarantee is selected. (Ord.
6B-79 § 1 (part): prior code §15-36(e))(Ord. 11-2007, Amended, 11/06/2007; Ord.
11a-2005, Amended, 11/15/2005)
The zoning officer shall provide for inspection of required improvements during
construction to ensure completion to the City's satisfaction. The applicant shall pay to the City
inspection
fees in an amount established by resolution of the City Council as per Title 1 of this code, fees have
been
established. These fees shall be due and payable upon application for permit to construct the various
types of improvements. All costs for testing of materials and installations shall be promptly paid by the
developer or his agent when such services are billed. If the City Engineer finds upon inspection that any
of the required improvements have not been constructed in accordance with the City's construction
standards and specifications, the applicant shall be responsible for correcting the improvements.
Whenever the cost of improvements is covered by a performance bond, the applicant and the bonding
company shall be severally and jointly liable for completing the improvements according to
specifications. (Ord. 6B-79 § 1 (part): prior code § 15-37(a))
(Ord. 08a-2008, Amended, 08/19/2008; Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005,
Amended, 11/15/2005)
A. Upon request by
the developer, the director of planning and the building official shall, after making final
inspection, file
with the director of planning a statement either certifying that the improvements have been
completed
and are in compliance with appropriate specifications and requirements or listing the defects and
deficiencies in the improvements.
B. If the director of
planning and the building official have certified that the contracted improvements are complete
and free
from defect, the director of planning shall release the improvement guarantees.
C. After receipt of
certification by the director of planning and the building official that the improvements are
complete and
free from defect and, upon proper application being made and appropriate fees paid, the director
of
planning shall issue a license to operate the park. (Ord. 6B-79§ 1 (part): prior code §
15-37(b))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
In addition to the requirements established in
this chapter,
all manufactured home parks and camping
parks shall comply with the following laws, rules and regulations:
A. All applicable
statutory provisions;
B. The city zoning
ordinance, building
and housing codes and all other applicable laws of
the city;
C. The official
master plan, public
utilities plan and capital drainage systems, and parks
shown on the master plan as adopted;
D. The special
requirements of this
chapter and any rules of the health authority and/or any
appropriate health agencies;
E. The standards
and regulations adopted by the director of planning and all boards, commissions, agencies and
officials
of the city; and
F. Final
development plan approval
may be withheld if it is not in conformity with the above
guides or policy and purposes of this title. (Ord. 6B-79 § 1 (part): prior code §
15-43)(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
The lot arrangement shall be such that there will
be no foreseeable
difficulties in positioning
the manufactured homes on the lots and providing driveway access to the off-street parking from
the
roadway. (Ord. 6B-79 § 1 (part): prior code § 15-44(a))(Ord. 11a-2005, Amended,
11/15/2005)
Lot areas and dimensions shall comply with the
minimum requirements
of the zoning
ordinance. (Ord. 6B-79 § 1 (part): prior code § 15-44(b))(Ord. 11a-2005, Amended,
11/15/2005)
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Manufactured home lots shall not derive access
from
any city street,
county road or state highway.
(Ord. 6B-79 § 1 (part): prior code § 15-44(c))(Ord. 11a-2005, Amended,
11/15/2005)
Each manufactured home lot shall be provided
with the
following
improvements:
A. Minimum
ten-foot wide paved driveway
and two paved automobile parking spaces.
Parking spaces shall measure not less than eight feet six inches by eighteen feet.
B. Storage facilities
for tenants
shall be provided on each manufactured home space by the tenant
or the developer or provided by the developer in compounds conveniently placed near
manufactured
home spaces. Storage spaces shall contain a minimum of fifty square feet per manufactured home
lot
and shall be constructed of suitable weather resistant materials appropriate for the use and
maintenance contemplated. Tenant storage facilities shall be disregarded under manufactured
home
space requirements.
C. Each
manufactured
home space shall be
provided with a minimum ten foot by fifteen foot patio
pad composed of concrete, brick, concrete block or other hard surface material and a hard surface
walkway, not less than two feet wide, from the patio to the roadway.
D. All
manufactured home
developments shall
require of tenants or provide for the skirting of all
manufactured homes within their developments. The skirting shall be done so that it is
compatible with
the manufactured home unit's materials and it shall be of a finished nature. Concrete blocks shall
not be
allowed. Composition building board and raw wood shall not be used as skirting unless finished
with a weatherproof material.
E. All
manufactured home
spaces shall be
provided with a method or means of tying down the
individual unit to provide stability against high winds and adverse weather conditions and all
manufactured homes shall be secured to the space by this method. The developer shall design
this
method in accordance with the requirements of the building official and shall submit, with his
final development plan, drawings and details of his methods of securing the manufactured
homes. The
requirement for tie-down provisions may be met by the developer requiring each tenant to
provide same at the individual's own expense or by the developer accomplishing same at his
expense.
F. All yard areas
and other open spaces
not otherwise paved or occupied by structures shall
be sodded and/or landscaped and shall be so maintained. (Ord. 6B-79 § 1 (part): prior code
§
15-44(d))(Ord. 11a-2005, Amended, 11/15/2005)
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A. The developer
of any manufactured home park shall, at his own expense, install the following improvements
according
to the specifications and under the inspection of the city:
1. Water
distribution system including
laterals to each manufactured home site with an individually
metered water service connection;
2. Sewage disposal
system including
laterals and connecting facilities to each manufactured home
site;
3. Drainage
structures, storm sewers
and other drainage facilities;
4. Concrete curbs,
gutters and sidewalks;
5. Asphalt paved
roadways;
6. Fire
hydrants;
7. Street name
signs;
8. Fencing where
required;
9. Hard surface
pedestrian walkways
linking manufactured home lots to common areas, recreation
and service facilities;
10. Off-street
parking, in addition
to required off-street parking on individual lots, shall be
provided at the rate of one space for each full-time employee plus one space for each four
hundred feet of gross floor area used for recreation, office or cultural activities;
11. General
outdoor lighting of sidewalks,
general parking and storage areas, and lighting of
the development entrance and exit. The level of lighting shall provide at night a minimum
average illumination of 0.3 footcandles;
12. General storage
areas, in addition
to auto parking requirements, for accessory vehicles
such as campers and boats. The minimum area required for general storage shall be three
hundred square feet for each ten manufactured home spaces. No accessory vehicles shall be
parked or
allowed on individual manufactured home lots. The storage areas required by this subsection
shall be in
addition to those required for off-street parking;
13. Refuse storage
area either on
each individual manufactured home lot or in common refuse
storage areas each serving no more than fifteen manufactured home lots, and so located so that
no
manufactured home space is more than one hundred feet from a common storage area. A
common
refuse storage area base shall be a four-inch concrete slab and shall be enclosed by walls or
screens and have a means or method of raising any individual refuse containers off the ground at
least eight inches;
14. Minimum open
area for common use
of the residents in the development shall be not less
than ten percent of the gross area of the development. Common open space shall be calculated as
any open unoccupied area remaining after the manufactured home lots, buildings, roadways,
parking
areas, general storage areas, common refuse storage areas and the required permanent perimeter
area have been deducted. The open space shall be sodded and/or landscaped or otherwise
designed and made available for recreational use;
15. Buildings or
structures enclosing
management offices, recreational facilities, laundry and
cleaning facilities may be permitted, but not required, in the development, subject to the
restriction that it shall not occupy more than ten percent of the developer's gross area and be
subordinate to the development's residential character and be restricted to serve the needs of the
residents with no visible evidence of any commercial activity.
B. All required
public improvements
shall be contained within appropriate easements deeded
to the city prior to final approval of the manufactured home park construction. (Ord. 6B-79
§ 1
(part):
prior code § 15-45)(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended,
11/15/2005)
A. The developer
shall, at his own
expense, cause the installation of the following public
utilities, together with appropriate connection facilities, to be made available to each
manufactured
home space within the manufactured home park:
1. Electrical
distribution system;
2. Telephone
communication system;
3. Gas distribution
system; and
4. Cable television
system.
B. All public
utilities, including
services, shall be installed underground. (Ord. 6B-79 § 1
(part): prior code § 15-46)(Ord. 11a-2005, Amended, 11/15/2005)
The developer of a proposed manufactured home park shall pay to the City an
amount established by resolution of the City Council and provided for in Title 1 of this code for the
purpose of assisting in developing City parks and recreational facilities. Such payment shall be made
prior to the issuance of any permits to construct. (Ord. 6B-79 § 1 (part): prior code §
15-47(a))(Ord. No. 10C-94, Amended, 11/04/94)
(Ord. 08a-2008, Amended, 08/19/2008; Ord. 11a-2005, Amended,
11/15/2005)
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Payments made under the requirements of
Section 16.24.190 shall be made payable to the city. The director of planning shall receive such
funds
and deposit them with the city treasurer, who shall in turn deposit the funds in any city approved
and
designated financial institution within the city. Such funds shall be deposited to special
interest-bearing
escrow accounts. The status of these accounts shall be reported annually to the city council and
shall be
made available to the recreation board of trustees and the general public. Funds may be
withdrawn
from the special escrow accounts by the city council, for the specific purposes of acquiring lands
for
park and recreation sites respectively and of making improvements to the sites. (Ord. 6B-79
§ 1
(part):
prior code § 15-47(b))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended,
11/15/2005)
A. Payment for
parks and recreation facilities may be reduced or exempted by the city council in the case of a
developer's proposal to provide adequate and approvable parks and recreational facilities within
the
development. Such proposals shall be reviewed by the recreation board of trustees prior to action
thereon by the city council.
B. Payment for
parks and recreation facilities may be reduced or exempted by the director of planning when
previous
payments and/or dedications have been made as provided in the subdivision regulations. (Ord.
6B-79
§ 1 (part): prior code § 15-47(c))(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-
2005, Amended, 11/15/2005)
A. Space
Arrangement. The space arrangement
shall be such that there will be no
foreseeable difficulties in positioning the camping units on the spaces and providing driveway
access to the off-street parking from the roadway.
B. Space Sizes.
Space areas and dimensions
shall comply with the minimum requirements of
the zoning ordinance.
C. Access to
Spaces. Camping spaces
shall not derive access from any city street, county
road or state highway.
D. Distance from
Service Building.
No unit space serving a dependent travel trailer,
dependent truck camper, tent or tent trailer shall be located farther than three hundred feet
radially from a service building. Unit spaces farther than this distance must be designated for and
be used by self-contained units only.
E. Tent Spaces.
Each designated unit
space provided for tents shall be provided with a table
and provisions for fire building and easy access to disposal of liquid and solid wastes.
F. Parking Spaces.
Each unit space
serving a travel trailer, truck camper or tent trailer shall
be provided with a paved parking space, adequate in size to accommodate the camping unit
together with a paved parking space to accommodate the towing vehicle. Unit spaces designated
for tents shall be provided with paved parking spaces for one vehicle each. (Ord. 6B-79 § 1
(part): prior code § 15-48)(Ord. 11a-2005, Amended, 11/15/2005)
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The developer of any camping park shall, at his
own expense, install the following improvements according to the specifications and under the
inspection of the city:
A. Water
distribution system including
laterals to each unit space serving an independent
travel trailer or independent truck camper. Tent and tent trailer spaces may utilize a central
watering facility provided it is not farther than one hundred feet from the farthest unit;
B. Sewage
collection system including
laterals to all unit spaces designated for independent
travel trailers or independent truck campers;
C. Drainage
structures, storm sewers
and other drainage facilities;
D. Asphalt paved
roadways;
E. Fire
hydrants;
F. Fencing where
required;
G. General outdoor
lighting of walks,
general parking and storage areas, and lighting of the
development entrance and exit. The level of lighting shall provide at night a minimum average
illumination of 0.3 footcandles;
H. Each
recreational camping park
shall provide a service building which shall be equipped
with toilet and bath facilities for each sex; the number of facilities required shall be in a ratio
as
stated in the following table:
| Number | Toilets | Urinals | Lavatories | Showers | Other
Fixtures |
| of Parking Sites | Men | Women | Men | Men | Women | Men | Women |
| 1 - 15 | 1 | 2 | 2 | 2 | 2 | 2 | 2 | Minimum
1
slop
sink |
| 16-30 | 2 | 3 | 3 | 3 | 3 | 2 | 2 |
| 31-45 | 3 | 4 | 3 | 4 | 4 | 3 | 4 |
| 46-60 | 4 | 5 | 4 | 5 | 5 | 3 | 5 |
| 61-80 | 4 | 6 | 4 | 5 | 5 | 5 | 6 |
Note: For determination of the needed plumbing
fixtures, all
unit spaces not served by a sewer
connection and within three hundred feet radially of the service building will be considered as
available for utilization of dependent travel trailers, truck campers, tents and tent trailers.
1. Each water
closet shall be in a
private compartment.
2. A
sound-retardant wall shall separate
the toilet facilities for each sex when provided in a
single building.
3. Each bath or
shower shall be in
a private compartment.
4. A slop sink(s)
shall be provided
for disposal of liquid wastes, and for cleanup and
maintenance of the service building(s).
5. The service
building shall be of
permanent construction and be provided with adequate
light, heat and positive ventilation in shower and bathing areas.
6. Interior
construction of the service
building shall be cleanable and provide moisture
resistant materials on walls, ceiling and floors.
7. All windows,
doors or other openings
shall be screened or insect entry prevented.
8. All plumbing
shall conform to the
city's plumbing code.
9. Hot and cold
running water shall
be provided at all times in the service building.
I. Each unit space
designated for
an independent travel trailer or independent truck camper
shall be provided with an appropriate electrical service. (Ord. 6B-79 § 1 (part): prior code
§
15-49)(Ord. 11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
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Chapter 16.28
Sections:
Section 16.28.010 Preliminary development plan.
The preliminary development plan shall be a
neat and legible
drawing of one or more sheets
measuring twenty-four inches by thirty-six inches. The scale of the map shall not be more than
one hundred feet per inch. The following items shall be included on the preliminary development
plan:
A. Name of
development, date, label
"Preliminary Development Plan," scale and north
arrow;
B. Name, address
and phone number
of property owner and developer, if other than owner;
C. Name, address
and phone number
of person or firm responsible for preparation of the
plan;
D. Names,
rights-of-way widths and
dimensions of all streets, alleys and direction of any
major adjacent features such as railroads, drainageways, etc.; type and general location of
structures and facilities on adjacent properties;
E. Boundaries of
the development will
be drawn to scale showing all bearings and distances
to the nearest one-hundredth foot;
F. The
development plan shall show
all existing on-site physical features such as streams,
wooded areas, fences and structures;
G. Ground contours
at two-foot intervals.
Contours shall be accurate to within one-half
contour and elevations shall be based on Coast and Geodetic Survey sea level data. Assumed
data shall not be permitted. U.S.G.S. quad maps shall not be accepted as evidence for
topographical contours. Topographic contours on all preliminary development plans shall
correctly depict land contours;
H. Layout of
proposed lots or sites
including approximate dimensions of lot lines, lot
numbers and setback lines;
I. On the map shall
be shown proposed
public dedication, if any, within and adjacent to the
site; the proposed location, dimensions and use of all buildings and structures to be located on
the site. Locations of manufactured homes or camping units shall be shown on the map or
detailed
drawings provided showing the manner in which the lots or sites are to be improved and the
manufactured homes or camping units positioned;
J. On the map shall
be shown location,
quantity and a typical stall dimension of off-street
parking and loading facilities; points of ingress and egress from the site, including widths of
drives; internal circulation; refuse collection areas and fire lanes; off-site improvements; and all
necessary public improvements;
K. On the map
shall be shown proposed
location of open space and recreation facilities;
location and height of screening walls;
L. On the map shall
be shown a legal
description including the section, township and range
in which the development is located; a location plan showing the project centered in a
one-square-mile
area with major streets labeled thereon; and gross area of the project; and
M. Additional
notations and information
as may be required. (Ord. 6B-79 § 1 (part): prior
code § 15-56)(Ord. 11a-2005, Amended, 11/15/2005)
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The final development plan shall be accurately
and legibly
prepared in black, waterproof ink
upon one or more sheets of polyester film measuring twenty-four inches by thirty-six inches. A
marginal line shall be drawn completely around each sheet leaving an entirely blank margin of
two inches on the left side and one-half inch on all other sides. The scale of the map shall be not
more than fifty feet per inch. The particular number of the sheet and the total number of sheets
and the relations of each adjoining sheet shall be clearly shown by a small key map on each
sheet. The following items shall be included on the final development plan:
A. Name of
development, date, label
"Final Development Plan," written and graphic scale
and north arrow. The title of each sheet of the final development plan shall consist of the name of
the development conspicuously placed on the sheet;
B. An accurate and
complete boundary
survey shall be made of the land to be developed. A
traverse of the exterior boundaries of the tract, and of each block, when computed from field
measurements on the ground, must close within a limit of one foot to ten thousand feet in
perimeter. The boundary of the development shall be clearly indicated on the final development
plan;
C. The final
development plan shall
show all survey and mathematical information and data
necessary to locate all monuments and to locate and retrace any and all interior and exterior
boundary lines appearing thereon including bearings and distances of straight lines, and radii,
lengths, tangent distances and deflection for all circular curves. Where, under unusual
circumstances, curves other than circular are used, the final development plan must indicate type
of curve and pertinent data;
D. All lots and
parcels for any purpose
shall be particularly delineated and designated with
all dimensions, boundaries and courses clearly shown and defined. Sufficient linear, angular and
curve data shall be shown to determine readily the bearing and length of the boundary lines of
every lot and parcel which is a part thereof. All lots and wherever practicable, larger parcels, in
their entirety shall be shown on one sheet. Ditto marks shall not be used for lot dimensions. All
lots shall be numbered systematically;
E. The
development plan shall show
roadway lines and the widths thereof together with
centerline survey control data;
F. The widths and
locations of adjacent
streets, lots and other properties within fifty feet of
the development shall be shown. If any roadway in the development is a continuation or
approximately a continuation of an existing public street, the conformity or the amount of
nonconformity of the roadway to the existing streets shall be accurately shown;
G. The side lines of
all proposed
easements shall be shown by fine dashed lines. If any
easement already of record cannot be definitely located, a statement of the existence, the nature
thereof, and its recorded reference must appear on the title sheet. Distances and bearings on the
side lines of lots which are cut by an easement must be arrowed or so shown that the
development plan will indicate clearly the actual length of the lot lines. The widths of all
easements and sufficient ties thereto to definitely locate them with respect to the development
must be shown. All easements must be clearly labeled and identified. If an easement shown on
the development plan is already of record, its recorded reference must be given;
H. Proposed
location, finish floor
elevation, horizontal dimensions and use of all buildings
and structures to be located on site;
I. Detailed
drawings of all typical
lot or space improvements including utility service
locations and details;
J. Detailed
information pertaining
to the sizes, dimensions and locations of all required
public improvements including water and sewer systems together with their laterals;
K. Location,
number and typical stall
dimensions of off-street parking and loading facilities;
L. Location and
dimensions of areas
to be used for refuse and garbage collection and fire
lanes, if any;
M. Location and
dimensions of open
space and recreational facilities;
N. Location and
dimensions of drainage
improvements, including storm water retention
facilities;
O. Location,
dimension and type of
proposed landscaping used for screening, ornamental or
design purposes if landscaping plans are not provided or required;
P. Location, height
and type of screening
walls and buffer areas;
Q. Location of
lighting facilities;
R. Location and
dimensions of vehicle
storage areas;
S. On the map shall
be shown a legal
description including the section, township and range
in which the development is located; a location plan showing the project centered in a
one-square-mile
area with major streets labeled thereon; and gross area of the project site;
T. Standard notes
to include the following:
1. Gross area of the
site,
2. Square foot floor
area for any
structures,
3. Number of
off-street parking spaces
and loading facilities other than parking spaces
provided on individual lots or spaces,
4. Number of lots
or spaces by category
of intended use,
5. Total area of
open space as defined
in Section 16.24.170, and
6. Engineer's name,
address, registration
number and phone number;
U. Additional
notations and information
as may be required. (Ord. 6B-79 § 1 (part): prior
code § 15-57)(Ord. 11a-2005, Amended, 11/15/2005)
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The preliminary water and sewer plan shall be a
neat and
legible drawing of one or more
sheets. The scale of the map shall be not more than one hundred feet per inch and may be
prepared on a reproducible copy of the preliminary development plan. The following items shall
be included on the preliminary water and sewer plan:
A. Name of the
development, date,
label "Preliminary Water and Sewer Plan," scale and
north arrow;
B. Name, address
and phone number
of engineer or firm responsible for preparation of the
plan;
C. Boundaries of
the tract will be
drawn to scale;
D. The plan shall
show all physical
features such as streams, wooded areas, fences and
existing structures;
E. The contours at
two-foot intervals.
Contours shall be accurate to within one-half contour
and elevations shall be based on Coast and Geodetic Survey sea level data. Assumed data shall
not be permitted. U.S.G.S. quad maps shall not be accepted as evidence for topographic contours.
Topographic contours on all preliminary water and sewer plans shall correctly depict land
contours;
F. Locations,
dimensions and names
of existing railroads, easements, municipal boundaries
or other public properties and significant features shall be shown within and adjacent to the
development;
G. Location and
widths of proposed
roadways and existing streets, alleys and utility
easements;
H. Layout of
proposed parcels of land
including approximate dimensions of lot lines and lot
numbers;
I. Alignment of
proposed sanitary
sewage collection system together with any outfall sewers.
Manhole locations shall be shown with approximate invert and rim elevations indicated. The
diameter, approximate length and approximate slope of each sewer main shall be
indicated;
J. Alignment of
proposed water distribution
system together with any extensions of existing
water mains necessary to provide an adequate water supply to the development. Pipe diameters
shall be indicated as well as the locations of proposed water valves;
K. Location of
proposed fire hydrants;
and
L. Additional
notations and information
as may be required. (Ord. 6B-79 § 1 (part): prior
code § 15-58)(Ord. 11a-2005, Amended, 11/15/2005)
The preliminary drainage plan shall be a neat
and legible
drawing of one or more sheets. The
scale of the map shall be not more than one hundred feet per inch and may be prepared on a
reproducible copy of the preliminary development plan. The following items shall be included on
the preliminary drainage plan:
A. Name of
development, date, label
"Preliminary Drainage Plan," scale and north arrow;
B. Name, address
and phone number
of engineer or firm responsible for preparation of the
plan;
C. The plan shall
show all physical
features such as streams, wooded areas, fences and
existing structures;
D. The contours at
two-foot intervals.
Contours shall be accurate to within one-half contour
and elevations shall be based on Coast and Geodetic Survey sea level data. Assumed data shall
not be permitted. U.S.G.S. quad maps shall not be accepted as evidence for topographic contours.
Topographic contours on all preliminary drainage plans shall correctly depict land
contours;
E. Locations,
dimensions and name
of existing streets, railroads, easements, municipal
boundaries of other public properties and significant features shall be shown within and adjacent
to the development;
F. Location and
widths of proposed
roadways and right-of-way widths of existing streets,
alleys and utility easements;
G. Any proposed
open spaces;
H. Layout of
proposed parcels of land
including approximate dimensions of lot lines and lot
numbers;
I. The approximate
boundaries of areas
as determined by a qualified drainage engineer,
subject to inundations or storm water overflows from a one-hundred-year storm, and the location,
width and direction of flow of all watercourses, lakes, marshy areas and swamps;
J. Approximate
grade of streets;
K. Existing
drainage facilities and
structures, including existing roadside ditches, drainways,
gutter flow directions, culverts, etc. All pertinent information such as size, shape, slope, location,
etc., shall also be included to facilitate review and approval of the drainage plans;
L. Overall drainage
area boundary
and drainage subarea boundaries;
M. Proposed type
of curb and gutter
flow directions, including valley gutters;
N. Proposed piping
and open drainageways,
including proposed inlets, manholes, culverts
and other appurtenances;
O. Proposed outfall
point for runoff
from the study area;
P. Routing and
accumulative flows
at various critical points for the major storm runoff;
Q. Proposed storm
water retention
areas; and
R. Additional
notations and information
as may be required. (Ord. 6B-79 § 1 (part): prior
code § 15-59(a))(Ord. 11a-2005, Amended, 11/15/2005)
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A written preliminary drainage study and report
on eight
and one-half by eleven inch size
paper shall be submitted along with drainage plan. The information listed below, or now shown
on the drawings, shall be included in the report:
A. Runoff
calculations and method
of analysis for both the initial storm and major storm,
submitted in tabular form;
B. Open channel
flow calculations;
C. Storm sewer and
storm inlet flow
calculations for initial storm runoff and major storm
runoff;
D. Street capacities
and flow calculations
at critical street sections for initial storm runoff
and major storm runoff;
E. Summation of
all design variables
used and design assumptions made;
F. Soil
classification reports and
depth of underground water table throughout the study area;
G. The boundary
and designation of
all tributary drainage areas and the area of each in acres;
H. The designation
and location of
each design point referred to in the calculations;
I. The reference
source and a copy
of all other monographs or design aids used in the
calculations if they are not included in the city's specifications. (Ord. 6B-79 § 1 (part):
prior
code
§ 15-59(b))(Ord. 11a-2005, Amended, 11/15/2005)
The final drainage study and report shall be
prepared for
submittal to the city engineer at the
time when improvement plans are submitted for review. The study and report shall provide the
same items specified for the preliminary drainage plan except that all calculations, maps and
charts shall reflect the final design for all improvements. (Ord. 6B-79 § 1 (part): prior code
§ 15-60)(Ord. 11a-2005, Amended, 11/15/2005)
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Chapter 16.32
Sections:
Section 16.32.010 Grounds for granting.
Where the city council finds that extraordinary
hardships
or practical difficulties may result
from strict compliance with this title or the purposes of this title may be served to a greater extent
by an alternative proposal, it may approve variances to this title so that substantial justice may be
done and the public interest secured, if the variance does not have the effect of nullifying the
intent and purpose of this title. The city council shall not approve variances unless it finds, based
upon the evidence presented to it in each specific case, that:
A. The granting of
the variance will
not be detrimental to the public safety, health or welfare
or injurious to other property; and
B. 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 other property; and
C. The variance
will not in any manner
vary the provisions of the zoning ordinance or master
plan. (Ord. 6B-79 § 1 (part): prior code § 15-3(a))(Ord. 11a-2005, Amended,
11/15/2005)
In approving variances, the city council may
require such
conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements of this title. (Ord. 6B-79
§
1
(part): prior code § 15-3(b))(Ord. 11a-2005, Amended, 11/15/2005)
A petition for any such variance shall be
submitted in writing by the developer at the time when the preliminary plan is filed for the
consideration
of the director of planning. The petition shall state fully the grounds for the application and all of
the
facts relied upon by the petitioner. (Ord. 6B-79 § 1 (part): prior code § 15-3(c))(Ord.
11-2007, Amended, 11/06/2007; Ord. 11a-2005, Amended, 11/15/2005)
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