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For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Except as defined in this section, all terms in this chapter shall be interpreted as defined in the town zoning ordinance and the town subdivision regulations.
"DENSITY." The number of dwelling units per gross acre computed by dividing the acreage of the park site into the total number of dwelling units.
"INSPECTION OFFICIALS." Designated representatives of the appropriate surveyor, highway, health, and planning commission office on any level of local, county, or state.
"LICENSE." A written license issued by the State Health Department to a person or corporation to operate and maintain a mobile home park under the provisions of the Mobile Home Parks Act of 1955, as amended, and the State Board of Health Regulations, as amended.
"MOBILE HOME." A portable structure eight feet or more wide, 30 feet or more long, designed primarily for year-round single-family residence and generally transported on its own frame and running gear.
This includes double units and expandables.
(1) "BACK." The longest side intended by design to be the back of the home.
(2) "END." The two sides having the narrowest dimension.
(3) "FRONT." The longest side intended by design to be the front of the home.
"MOBILE HOME SITE." The area of land designed and approved for the construction of one mobile home stand.
"MOBILE HOME STAND." A foundation in conformance with this chapter for the support of one mobile home.
"PARK." A mobile home park.
('82 Code, § 19-100)
(A) Purpose. To promote the public health, safety, convenience, and general welfare; to set forth regulations and standard procedures for the control and regulation of mobile home parks, to govern the design, arrangement, location, grading, and construction of mobile home parks; to provide for the construction and installation of curbing, streets, sanitary, and storm sewers, water facilities, sidewalks, and all other required improvements or to provide for the guarantee of such installation; to complement and supplement all state laws applicable to mobile home parks.
(B) Application and authority. These regulations shall apply to all mobile homes and mobile home parks within the town. The mobile homes and mobile home parks shall, in all respects, be in full compliance with the applicable regulations hereinafter set forth in this chapter.
(C) Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion and effectuation of the purposes set forth in division (A) above. Nothing herein shall repeal, abrogate, annul, or in any way interfere with, any provision of law, or any rules or regulations other than mobile home park regulations. Where this chapter imposes greater restrictions or requirements than one imposed or required by other provisions of law, rules, ordinances, regulations, covenants, or agreements, the provisions of this chapter shall control, but nothing herein shall interfere with, abrogate, and annul any easements, covenants, or deed restrictions greater than those imposed by this chapter.
(D) Establishment.
(1) It shall be unlawful for any person to place or use any mobile home within the corporate boundaries of the town except when located within an approved licensed mobile home park.
(2) It shall be unlawful to construct, alter, or enlarge a mobile home park, unless:
(a) The use complies with the terms of this chapter;
(b) A letter of approval from the State Board of Health has been received; and
(c) Final approval has been received from the Town Board in accordance with the zoning ordinance, as amended, and these regulations.
(3) It shall be unlawful to:
(a) Consistently rent or occupy any mobile home stand for a period of less than one calendar month;
(b) Deed off or transfer ownership of individual mobile home sites;
(c) Occupy, or allow to be occupied, any mobile home stand prior to having received a certificate of occupancy for the stand;
(d) Occupy, or allow to be occupied, any mobile home stand if the dimensions of the mobile home exceed the maximum dimensions approved on the certificate of occupancy for that stand.
(4) No occupancy permit for any mobile home stand shall be issued until:
(a) All basic elements (utilities, parking, access, streets, curbs, walkways, storm drainage system, and other required improvements) indicated on the approved plan have been inspected and approved by the appropriate inspecting officials.
(b) All community improvement (landscaping, recreation areas, streets, swimming pools, community buildings) indicated in the approved plan have been inspected and approved by the appropriate inspecting officials or a performance bond equal to the estimated cost of these items has been posted with and accepted by the Town Board.
(c) Division (D)(4)(a) and (b) above shall not be construed to mean a mobile home park must be completed in its entirety prior to obtaining occupancy permits, but rather a total approved plan may be constructed, inspected, and approved in phases of not less than ten units per phase, as authorized by the Plan Commission staff.
(5) Every park operator shall keep an up-to-date register of all park tenants including names, ages of children under 21 years, date the vehicle was moved into the park, and date of removal. The information shall be made available to the Plan Commission at its request.
('82 Code, § 19-200) Penalty, see § 152.99
Any developer proposing a mobile home park in the incorporated area of the town shall submit to the Plan Commission, at an informal conference, a legal description of the property and a sketch plan of the proposed park. The preapplication conference is to permit the applicant the opportunity of consultation with the Commission prior to formal submission of the preliminary plan.
('82 Code, § 19-300)
Submission of the preliminary plan is to provide the petitioner, Plan Commission, and the Town Board grounds on which to reach general agreement on the basic planning and engineering proposals and to provide basis for a public hearing, prior to the preparation of more detailed final plans as required by this chapter.
(A) Application for approval of the preliminary plan shall include the following items:
(1) An application for a special exception, in accordance with the zoning ordinance.
(2) Preliminary plans of the proposed project including:
(a) Legal description and, if land is unplatted, a plat of survey, certified by a registered land surveyor or engineer, showing all dimensions of the property in question. The plat of survey shall show exact length and bearing of all exterior boundaries of the project with reference to a U.S. Land Survey corner.
(b) General location map at scale of not less than 200 feet to the inch, showing:
l. The section or government subdivision of the section in which the project lies with the location of the project located thereon.
2. Location and name of adjacent subdivisions including all existing or platted streets, alleys, public easements, railroad and utility easements, water courses, drainage ditches, and their pertinent data on the land to be developed and within 300 feet of the proposed project.
3. Certified list of the names and addresses (as determined from the most current property tax rolls) of all owners of land immediately adjacent to, or across any street or alley from, the property in question. The certified list shall be certified by a title company, township tax assessor, or auditor.
(c) Physical characteristics map.
l. Elevation of water table, percolation data, and description of soil type to a depth of five feet as obtainable from the Cooperative Extension Agent's office (Soil Survey of Lake County, Indiana); contour information at vertical intervals of not more than two feet with reference to U.S.G.S. datum.
2. The water elevations of adjoining lakes or streams at the date of the survey and the approximate high and low elevations of such lakes or streams, and 100-year flood data. All elevations shall be referred to U.S.G.S. datum.
3. If the mobile home park borders a lake or stream, the distances and bearings of a meander-line established not less than 20 feet back from the ordinary high-water mark of the lake or stream.
(d) Proposed development plan, including:
l. Identification block:
a. Proposed name;
b. Date, scale, north arrow;
c. Name and address of owner, developer, planner, engineer, or surveyor preparing the plan.
2. Identification of gross land area of the project and the proposed density.
3. Proposed layout and width of all streets, sites for placement of mobile homes, buffers, utility buildings, and other required improvements and appurtenances.
4. Approximate location and area of property proposed to be dedicated for public use, or to be reserved for the common use of all tenants within the proposed park, including recreational area, laundry and sanitary facilities, and storage areas.
(e) Preliminary engineering plans showing:
l. Proposed layout of the sanitary sewer system;
2. Proposed layout of water supply and distribution;
3. Proposed layout of storm drainage system.
(f) Such other information as may be required by the Plan Commission staff as deemed necessary toward proper preliminary plan review.
(B) The Plan Commission, upon receipt of eight copies of the preliminary plan, shall identify, with the Commission stamp seal, and date all copies of the submitted plan, and shall authorize the developer or his agent to deliver two copies each of the plan to the appropriate surveyor's office, health officer, and highway department. Upon official notification that all agencies have received the plans, the Commission may authorize the developer to advertise for a public hearing.
(C) It shall be the responsibility of the developer or his agent to ascertain that all agency reports, and recommendations have been filed with the Plan Commission not less than ten days prior to the Plan Commission meeting. Failure to have all reports submitted by the stipulated deadlines may delay Plan Commission consideration.
('82 Code, § 19-301)
(A) Following approval of or simultaneous to submission of the preliminary plan, the petitioner must apply for a special exception in conformance with the provisions of the zoning ordinance.
(B) Following approval of the special exception by the Board of Zoning Appeals, the developer/petitioner may proceed to submit a final development plan to the Plan Commission and Town Board.
('82 Code, § 19-302)
(A) Submission of the final plan is to provide the Plan Commission, Town Board, Health Department, and surveyor's office, the opportunity to review the final detailed drawings and utility plans for the proposed project, prior to approval of the final development plan.
(B) Submission of the final plan shall be in reasonable conformance with the approved preliminary plan and in accordance with any changes requested on the preliminary plan or for the special exception by any of the reviewing agencies.
(C) The final plan shall contain the following information:
(1) General requirements. All final plans shall bear signature and seal of a state registered land surveyor or engineer and shall be legibly prepared in the following manner:
(a) With waterproof, nonfading, black ink on tracing cloth or equal material, 24 inches by 36 inches in size. When more than one sheet is used for any plan, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the plan, and showing the relation of that sheet to the other sheets.
(b) At a scale of not smaller than 100 feet to the inch. Where more than one sheet is necessary, a small scale key drawing of the entire project, showing the portions of the project appearing on respective sheets, shall appear on the first sheet.
(2) Final plan and engineering information. The final plat shall clearly show:
(a) Identification block:
l. Proposed name;
2. Date, scale, north arrow;
3. Name and address of owner, developer, planner, engineer or surveyor preparing the plan.
(b) Engineering data:
l. Streets and drives:
a. The exact location by length and bearing of the centerline of all proposed streets and drives;
b. Pavement width, estimated percent of gradient, typical street cross-sections, and profiles of all streets and drives.
2. Sanitary sewers, water supply, and storm drainage: Final engineering plans and specifications for all sanitary sewers, water distribution system, and storm drainage, including typical details of all storm drainage and sanitary sewage appurtenances.
3. Sidewalks: The location and width of all common sidewalks.
4. Monuments:
a. All monuments erected, corners and other points established in the field in their proper places. The material of which monuments, corners, or other points is made shall be noted at the representation thereof, or by legend.
b. The exact location of the project indicated by distances and bearings with reference to a corner or corners of a section or half-section. In case any project crosses any section, quarter section, or quarter-quarter section lines, or is adjacent to any of the lines, all section, quarter section, or quarter- quarter section corners in or adjacent to the project shall be marked and referenced with monuments.
c. General location of all mobile home stands. The approximate location of all mobile home sites shall be identified and numbered in consecutive order.
(D) Submission of final plan shall also include written comments from the appropriate:
(1) Highway Department.
(2) Health Department.
(3) Surveyors office.
(E) If the Town Board approved the final plan, the petitioner may request a building permit from the Building Department/Plan Commission staff.
(1) No construction or grading shall be permitted prior to approval of the preliminary plan by the Town Board.
(2) After review of the final plan, the Plan Commission shall recommend either approval or denial to the Town Board.
(F) If a letter of approval of mobile home park has not been obtained within 12 months of the Town Board's final approval, or has been denied by the state, the special exception and all plan approvals shall become null and void, and the zoning shall revert to its former classification.
('82 Code, § 19-303) Penalty, see § 152.99
(A) The Town Board's approval of a final development plan is valid regardless of change of ownership, provided that all terms and conditions are complied with by the new owner. The final plan shall be placed on file with the Plan Commission.
(B) In cases where construction of the mobile home park has not been commenced within one year of the final plan, the approval shall automatically become null and void and all rights thereunder shall terminate. Upon written application filed prior to the expiration of the one-year period, the Plan Commission may authorize a single extension of the time limit for a further period of not more than one year without holding another public hearing thereon.
('82 Code, § 19-500)
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