HomeMy WebLinkAboutOrdinance 1859 r
FOR RECORD
ORDINANCE NO . 072 UIR 27 f,ij 9 : 32
WAS* iN,6-10M COUNTY
AN ORDINANCE DEFINING . AND REGULATING MOBILE HOM� , ?ARKS':�?� _ .
ESTABLISHING MINIMUM STANDARDS GOVERNING THE CbhfSTRUCTfoN,EYAND
I MAINTENANCE OF MOBILE HOME PARKS ; ESTABLISHING Mj�,1IMbML.`STANDARDS
�J GOVERNING THE UTILITIES , FACILITIES AND OTHER PHYSICAL THINGS
AND CONDITIONS TO MAKE MOBILE HOME PARKS SAFE , SANITARY , AND
FIT FOR HUMAN HABITATION ; FIXING THE RESPONSIBILITIES AND DUTIES
OF OWNERS AND OPERATORS OF MOBILE HOME PARKS ;. AUTHORIZING
INSPECTION OF MOBILE HOME PARKS ; AND FIXING PENALTIES FOR
VIOLATION .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE ,
ARKANSAS :
Sec . 1 . That the Code of Ordinances , City of Fayetteville ,
Arkansas , is hereby amended by adding a chapter to be numbered
13B , which said chapter reads as follows :
" Chapter 13B
MOBILE HOMES AND MOBILE HOME PARKS
OPENED OR EXPANDED AFTER APRIL 20 , 1972
ARTICLE ---I..-.IN GENERAL
Sec . 13B - 1 . Definitions
For the purposes of this chapter , the following words and
phrases shall have the meaning ascribed to them in this
section :
Accessory Structures means any structural addition to the
mobile home such as awnings , cabanas , carports , florida
rooms , porches , patio covers , and similar additions .
Accessory Community Structure means a structure of a portion
of a structure for commercial use that is located in
a mobile home park and which is intended solely for the
convenience of the residents or occupants of the mobile
home park .
Community Storage Structure is a structure located in an
mobile home park for the convenience of the residents
to provide storage space for often used outdoor equipment ,
furniture , tools and other items which cannot be conveniently
stored in the typical mobile home .
Building Permit means a written permit issued by the enforcement
officer permitting construction , erection , alteration ,
remodeling or repairing of a mobile home park .
UCP
E. CTM1D3 1918 830 PAGE 292
DATES_ DEED
REEL \ '
City Planning Commission means that commission created for
the City of Fayetteville by sections 2 - 80 through 2 - 84 ,
Fayetteville Code of Ordinances .
Dependent Mobile Home means a mobile home which does not have
a flush toilet and a bath or shower .
Enforcement Officer means the chief building inspector of the
City of Fayetteville , Arkansas or his authorized
representative .
Health Officer means the County Sanitarian or other legally
designated health authority of the City of Fayetteville
or his authorized representative .
Housing Board means the housing board established by section
12 ( Twelve ) , Fayetteville Code of Ordinances of the City
of Fayetteville , Arkansas .
Independent Mobile Home means a mobile home which has a flush
toilet and a bath or shower .
Mobile Home means any house trailer or prefabricated structure
intended for or capable of human dwelling or sleeping
purposes and designed for being moved or transported .
Mobile Home Park means any park , court , site , parcel or tract
of land designed , maintained , intended or used for the
purpose of supplying a location or accommodations for
two ( 2 ) or more mobile homes and shall include all
buildings used or intended for use as part of the
equipment thereof ; whether or not a charge is made for
the use of the court and its facilities .
Mobile Home Pad means that part of an individual mobile home
lot which has been reserved for the placement of a
mobile home .
Mobile Home Lot means a plot of ground or a lot in a mobile
home park designed for the location for only one mobile
home .
Mobile Home and Trailer Sales Lot means a lot on which
unoccupied trailers are parked for purposes of inspection
and sale .
Operator ' s Permit means a written permit issued by the enforce-
ment officer permitting the mobile home park to operate
under this chapter and regulations promulgated thereunder .
DEED 836 PACE 293
Person means any individual , firm , partnership , corporation ,
company or association .
Service Building means a building housing toilet and bathing
facilities for men and/ or women with laundry facilities
and such other facilities as may be required by this
chapter .
Sec . 13B - 2 . Development Requirements for Mobile Home Park
Sec . 13B - 2 . 1 . Official Plat
Prior to development of mobile home park ( or extensively
remodeling an existing mobile home park ) the developer
shall be required to submit to the City Planning
Commission for review and approval an official plat of
the proposed mobile home park . Said official plat of a
mobile home park shall be subject to the provisions of
the city subdivision regulations and when approved by the
city , shall be recorded by the city clerk in the office
of the Circuit Clerk and Ex - officio Recorder
Sec . 13B - 2 . 2 . Mobile Home Park Street Design
The official plat shall indicate all interior and
adjacent exterior streets and said streets shall be
subject to the following :
( a ) The location and width of all streets shall be
subject to the City Major Street Plan .
(b ) All streets shall be curbed , guttered and constructed
to meet the City minimum street design standards .
Sec . 13B - 3 Minimum Mobile Home Park Design Standards .
Sec . 13B - 3 . 1 . Minimum Park Area Requirements
( a ) Mobile Home Park Site
The minimum site for a mobile home park development
shall be three ( 3 ) acres .
Sec . 13B - 3 . 2 . Park Site Location ; Drainage
The mobile home park shall be located on a well - drained
site , and shall be located so that its drainage will
not endanger any water supply . All such mobile home
parks shall be in areas free from marshes , swamps , or
other potential breeding places for insects or rodents .
DEED 830 PACE294
Sec . 13B - 3 . 3 Minimum Mobile Home Lot Requirements in a Park .
The minimum mobile home lot shall :
( a ) contain a minimum of 4200 square feet of area
( b ) provide for a hard surfaced off the street parking
area for two vehicles . The hard surface shall
consist of at least a double asphaltic seal coat .
Sec . 13B - 3 . 4 Mobile Home Pad Requirements
The mobile home pads in a mobile home park shall be
located on the mobile home lot and designed in such a
way that :
( a ) Mobile homes , including any attachment thereto ,
shall be separated from each other at least twenty
( 20 ) feet .
( b ) Mobile homes shall be located at least ten ( 10 )
feet from any exterior boundaries of the mobile home
park adjacent to private property .
( c ) Mobile homes shall be located at least twenty - five
( 25 ) feet from any public street .
Sec . 13B - 3 . 5 Recreation Area
Recreation areas and facilities should be provided to
the extent necessary to meet the anticipated needs of
the tenants the park is designed to serve . In no event
shall less than eight percent ( 8 % ) of the gross park
site area be devoted to recreational facilities .
Sec . 13B - 3 . 6 Tenant Storage Facilities
Tenant storage facilities shall be provided on each
mobile home lot , or in compounds located within a
reasonable distance , generally not more than 100 feet
from each mobile home pad . Storage facilities should
be designed in a manner to enhance the appearance
of the development and shall be constructed of suitable
weather resistant materials appropriate under the use
and maintenance contemplated . A minimum of ninety ( 90 )
cubic feet of tenant storage space shall be provided
for each mobile home pad .
USED 830 PAGE295
Sec . 138- 3 . 7 Mobile Home Supports and Manner of Tiedown
( a ) Adequate Support for Mobile Home
The mobile home support shall not heave , shift or
settle unevenly under the weight of the mobile
home due to frost action , inadequate drainage ,
vibration or other forces acting on the structure .
( b ) Anchors or Tiedowns
Anchors or tiedowns , such as cast - in - place concrete
" dead men " , eyelets imbedded in concrete screw augers
or arrow head anchors shall be placed at least at
each corner of the mobile home and each device
shall be able to sustain a minimum load of 4 , 800
pounds . Anchors or tiedown design shall be equal
to or better than that recommended by the MOBILE
HOMES MANUFACTURERS ASSOCIATION .
Sec . 13B - 3 . 8 Required screening
Whenever the external boundaries of a mobile home park
abuts property in a R or R - 0 District or a City Street
or Highway , there shall be provided in such park along
the common boundary line a screening wall meeting the
standards of Article 8 - 10 of Fayetteville Code of
Ordinances
Sec . 13B - 3 . 9 Mobile Home Park Structure Regulations
( a ) Structures placed in a mobile home park shall be
for the exclusive use of mobile home park occupants .
( b ) Every park shall provide community sanitary facilities
in a community building to be located in the park
with the following emergency sanitary facilities :
( 1 ) For each 100 mobile home lots , or fractional
part thereof , there shall be one flush toilet
and one lavatory for each sex .
( 2 ) The building containing such emergency sanitary
facilities shall be accessible to all mobile
homes .
( c ) Structures prohibited in mobile home parks
Temporary or permanent tents or tent like structures
shall not be permitted in a mobile home park and
the location of such a structure is prohibited in
mobile home parks . p �7�+
Sec . 13B. - 3 . 10 Water Supply DEED 8 3 ® PAGE29II
r ;
( a ) An accessible , adequate , safe , and potable water
supply shall be provided for each mobile home park ,
capable of furnishing a minimum of 150 gallons
per day for each mobile home space .
( 1 ) Where a public supply of water is available ,
connection shall be made thereto and its
supply shall be used exclusively .
( Z ) Each mobile home shall be proided with an
individual water meter and each mobile home
shall be individually metered .
( 3 ) All water piping shall be constructed and
maintained in accordance with state and local
law ; the water piping system shall not be
connected with nonpotable or questionable
water supplies and shall be protected against
the hazards of backflow or back - siphonage .
( 4 ) Where drinking fountains are provided for public
use , they shall be of a type approved by the
State Board of Health and in locations approved
by the enforcement officer .
( 5 ) Individual water - service connections which
are provided for direct use by mobile homes
shall be so constructed that they will not be
damaged by the parking of such mobile homes .
Sec . 13B - 3 . 11 Electricity ; Exterior Lighting
( a ) An electrical outlet supplying at least 11S volts
shall be provided for each mobile home space . The
installation shall comply with all applicable state
and local electrical codes and ordinances . Such
electrical outlets shall be grounded and weather -
proof . No power supply line to the mobile home
space shall be permitted to lie on the ground or
be suspended less than ten ( 10 ) feet above the
ground . No power supply line in a mobile home
park shall be suspended less than fifteen ( 15 )
feet over any driveway .
(b ) The point of the electrical connection for the mobile
home should be within the area of the mobile home
pad and approximately forty ( 40 ) feet from the front
of the stand .
( c ) Grounding
All exposed noncurrent - carrying metal parts of the
mobile homes and equipment shall be grounded by
means of an approved grounding system . The neutral
DEED 83O PACE297
conductor shall not be used as an equipment ground
for mobile homes or other equipment .
( d ) Exterior lighting
Adequate public lighting shall be provided for all
streets , walkways , buildings , and other facilities
subject to nighttime use in all mobiZe home parks .
Sec . 13B - 3 . 12 Fuel
All piping from outside fuel storage tanks or cylinders
to mobile homes shall be rigid iron pipe or AGA or UL
labeled flexible tubing , permanently installed , and
securely fastened in place , in such a manner as to
exclude the possibility of damage by physical contact .
All fuel storage tanks or cylinders shall be securely
fastened in place and shall not be located inside or
beneath the mobile home or less than 5 feet from any
mobile home exit , and shall be located and secured in
such a manner as to not be susceptible to damage by
physical contact .
Sec . 13B- 3 . 13 Fire Protection
( a ) The mobile home park area shall be subject to the
rules and regulations of the fire prevention
authority of the City of Fayetteville , Arkansas .
(b ) Mobile home park areas shall be kept free of litter ,
rubbish and other flammable materials .
( c ) Portable fire extinguishers of a type approved
by the fire prevention authority shall be kept
in service buildings and shall be maintained in
good operating condition .
Sec . 13B - 3 . 14 Alterations and Additions
( a ) Plumbing and Electrical Repairs
All plumbing and electrical alterations or repairs
in the mobile home park shall be made in accordance
with applicable local regulations .
(b ) Permanent Additions
No permanent additions shall be builtiont000r
become a part of any mobile home unless they are
in accordance with building permits issued by
the enforcement officer and meet all ,set back
requirements .
DEED p°30 PACE ���
Sec . 13B - 3 . 1S . Supervision ; Maintenance and Repair
The person to whom an operator ' s permit for
a mobile home park is issued shall at all
times operate the park in compliance with
this chapter and the regulations issued
thereunder , and shall provide adequate
supervision to maintain the park , its
facilities and equipment in good repair
and in clean and sanitary condition at
all times .
Sec . 13B - 3 . 16 . Existing Mobile Home Parks
Nothing in this ordinance shall be interpreted
to apply to mobile home parks in existence
on the effective date of this ordinance .
Provided , however , that mobile home parks
lawfully operating on the effective date of
this ordinance may not expand operations
unless the expanded portion of the mobile
home park is in compliance with the provisions
of this chapter . Further provided , that
mobile home parks in existence on the effective
date of this ordinance and in compliance with
the provisions of ordinance No . 1509 ( Chapter 13A ,
Fayetteville Code of Ordinances ) but not otherwise
in conformity with the provisions of this ordinance ,
may continue to operate , subject however to those
portions of ordinance No . 1509 which are not in
conflict with the provisions of this ordinance
and further subject to the zoning , health and fire
prevention laws , ordinances and regulations of
the City of Fayetteville and the State of Arkansas .
ARTICLE II . PERMITS
Sec . 13B - 4 . Mobile Home Park Operator ' s Permit
Sec . 13B - 4 . 1 Park Operator ' s Permit Required
It shall be unlawful for any person to operate any
mobile home park within the limits of Fayetteville ,
Arkansas , unless he holds a valid operator ' s permit
DEED ,3W PAGEZ99
issued by the enforcement officer in the name of such
person for the specific mobile home park . All applications
for permits shall be made to the enforcement officer ,
who shall issue a permit , to be valid for one year ,
then renewable annually , upon compliance by the applicant
with provisions of this chapter and of any regulations
adopted pursuant thereto , and of any other applicable
legal requirements . No permit shall be transferable .
Every person holding such a permit shall give notice
in writing to the enforcement officer within twenty-
four hours after having sold , transferred , given away ,
or otherwise disposed of such operator ' s right to the
control of the mobile home park for which such permit
was issued , and any such permit shall then and there
expire and immediately be null and void . Such notice
shall include the name and address of the person succeeding
to the control of such mobile home park . No successor
to the right to operate said mobile home park may commence
operations until he has been issued a valid permit
as herein required .
Sec . 13-B- 4 . 2 Park Operator ' s Permit Application
Applications for operator ' s permits to operate a mobile
home park shall be in writing , signed by the applicant ,
and accompanied by an affidavit of the applicant as
to the truth of the statements and facts set forth in
the application and shall contain the following :
( a ) The name and address of the applicant .
( b ) The interest of the applicant in and the location
of the mobile home park .
Sec . 13B- 4 . 3 Park Operator ' s Permit Renewal
Applications for renewals of operator ' s permits shall
be made in writing by the holder of the permit and shall
contain the following :
( a ) Any change in the information submitted since the
time the original permit was issued or the latest
renewal granted .
( b ) Such other information as the enforcement officer
may require .
Sec . 13B - 4 . 4 Opening Park Without Permit
No mobile home park may be operated within the city
limits of Fayetteville , Arkansas , unless an operator ' s
permit shall be issued and in effect at all times during
said operation . p rr�� �1
DE [ D 8,30 PACEv0O
Sec . 13g- 4 . 5 Denial of Park Operator ' s Permit ; Appeal
Any person whose application for a permit under this
article has been denied may request and shall be granted
a hearing on the matter before the Housing Board under
the procedure provided by Sections 13.3 - 14ff of this
chapter .
Sec . 13B:- 4 . 6 Notice of Violations to Mobile Home Park
Operators
Whenever , upon inspection of any mobile home park , the
enforcement officer finds that conditions or practices
exist which are in violation of any provision of this
chapter , or of any regulations adopted pursuant thereto ,
the enforcement officer shall give notice in writing in
accordance with Section 13.B- 13 to the person to whom
the Mobile Home Park Operator ' s Permit was issued .
Said notice shall state that unless such conditions or
practices are corrected within a reasonable period of
time specified in the notice by the enforcement officer ,
the permit will be suspended . At the end of the specified
period , the enforcement officer shall reinspect such
mobile home park , and if such conditions or practices
have not been corrected , he shall suspend the applicable
park operator ' s permit and give notice in writing of
such suspension to the person to whom the permit is
issued .
Sec . 13.B- 4 . 7 Mobile Home Park Operator ' s Right of Appeal
( a ) Any person whose park operator ' s permit has been
suspended , or who has received notice from the
enforcement officer that his permit will be suspended
unless certain conditions or practices at the mobile
home park are corrected , may request and shall be
granted a hearing on the matter before the Housing
Board under the procedure provided by Sections
11B- 14ff of this chapter .
( b ) When no petition for such hearing shall have been
filed within ten days following the day on which
notice of suspension was served , such operator ' s
permit shall be deemed to have been automatically
revoked at the expiration of said ten-day period
and the operator of such mobile home park shall
cease operation of such park .
Sec . 13B- 5 . Mobile Home Park Building Permits
Sec , 13B- 5 . 1 Building Permit to Construct Park Required
Applications for building permits for mobile home ', parks
shall be in writing , signed by the applicant , andelaccom-
DEED 830 PAGEt2U1
panied by an affidavit of the applicant as to the truth
of the statements and facts set forth in the application ,
and shall contain the following :
( a ) A complete plan of the mobile home park , containing
the legal description , showing compliance with all
applicable provisions of this Ordinance and
regulations promulgated thereunder .
( b ) Such further information as may be requested by
the enforcement officer to enable him to determine
that the proposed mobile home park will comply
with legal requirements .
( c ) No changes or additions may be made in the plot
plan or construction of a mobile home park except
upon a new application which shall be subject to .
the same terms and conditions of the original
application .
Sec . 13B- 5 . 2 Plans and Specifications Required for Mobile
Home Park Building Permit .
A complete plan , for the purpose of obtaining a building
permit to construct a mobile home park to be issued by
the enforcement officer shall show :
( a ) The area and dimensions of the tract of land .
( b ) The number , location , and size of all mobile
home spaces .
( c ) The location and width of roadways and walkways .
( d ) The location of service buildings and any other
proposed structures .
( e ) The location of water and sewer lines .
( f ) Plans and specifications of all buildings and other
improvements constructed or to be constructed
within the mobile home park pursuant to such
application .
Sec . 13.B - 5 . 3 Requirement of Plan Approval by City and
State Agencies
Plans and specifications for mobile home parks must be
reviewed and approved prior to starting construction
and the issuance of a building permit as follows :
( a ) City Planning Commission
( b ) Arkansas State Board of Health . This applies to
the entire site , grocery stores , lunch counters ,
DEED 830 mnt302
food handling facilities and swimming pools .
ARTICLE III . ENFORCEMENT
Sec . 13B - 6 . Inspections - Authority of Health Officer
( a ) The health officer is hereby authorized and directed to
determine the condition of mobile home parks located
within the City of Fayetteville , in order that he may
perform his duty of safeguarding the health and safety
of occupants of mobile home parks and the general public .
( b ) The health officer shall have the power to enter at
reasonable times upon any mobile home park for the purpose
of inspecting and investigating conditions relating
to the enforcement of this chapter or of regulations
promulgated thereunder .
Sec . 13B - 7 Inspections - Duty of Owners or Occupants
It shall be the duty of the owners or occupants of mobile
home parks , and mobile homes contained therein , or of the
person in charge thereof , to give the health officer and/ or
enforcement officer free access to such premises at reasonable
times for the purpose of inspection .
( a ) It shall be the duty of the mobile home park operator
to see that every occupant of a mobile home makes the
grounding connection to his mobile home .
( b ) It shall be the duty of the park operator to see that
every occupant of a mobile home install fire resistant
mobile home skirting acceptable to . the enforcement
officer around his mobile home within sixty ( 60 )
days after the locating of the mobile home on the
pad .
( c ) It shall be the duty of the mobile home park operator
to furnish suitable anchoring cables or devices acceptable
to the enforcement officer for every mobile home located
in his mobile home park . It shall be the responsibility
of the park operator to supervise the proper placement
and use of these anchoring devices .
( d ) It shall be the duty of every occupant of a mobile
home to secure the mobile home by attaching the
anchoring devices .
( e ) It shall be the duty of the park operator to see that
all utility connections are installed in accordance
with the ordinances of the City of Fayetteville .
DEED 830 PAGE 2103