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Except as otherwise provided by law, prior to the conversion of a mobile home park to another use, or prior to the closure of a mobile home park or the cessation of the use of land as a mobile home park, in whole or in part, a mobile home park closure permit must be obtained pursuant to provisions of this code.
(`64 Code, Sec. 17.1-50) (Ord. No. 2097)
The park owner shall give at least 90 days' written advance notice prior to the filing of an application for a mobile home park closure permit regarding the proposed closure of the park to all residents and coach owners in the affected park, and shall continue to give such notice to all new potential residents.
(`64 Code, Sec. 17.1-51) (Ord. No. 2097)
(A) A person or entity seeking to convert a mobile home park to another use, or to close a mobile home park or to cease a use of land as a mobile home park, in whole or in part, shall apply for a mobile home park closure permit on forms provided by the development services department. The application shall be accompanied by payment of a filing fee in an amount as prescribed by city council resolution and shall include a report on the impact of the proposed conversion, closure, or cessation of use upon the residents of the mobile home park who would be displaced and a proposed relocation assistance plan, each of which shall be prepared in accordance with the requirements hereinafter set forth. The application will not be accepted for filing unless accompanied by the required impact report and relocation assistance plan.
(B) The application shall include each of the following:
(1) Concept plan - A written statement and concept plan indicating the use the park site is intended to accommodate, including the approximate number of proposed residential units, if any; approximate square footage and use of any buildings proposed; and the probable impacts/benefits to the community created by the proposed project.
(2) Site plan - A site plan of the existing mobile home park showing the existing layout, with all existing mobile home spaces identified by number and indicating whether the space is currently occupied, and other site features.
(3) Residents list - A list of the names and address of all current residents of the mobile home park.
(4) Impact report - A report on the housing and financial impacts of the removal of the mobile homes upon all displaced residents. The report shall include, but not be limited to, the following items, except where the applicant can demonstrate that the necessary information is not available:
(a) Rental rate history for each space for the previous five years;
(b) Monthly vacancy rate for each month during the preceding two years;
(c) Makeup of existing resident households, including family size, length of residence, age of residents, estimated household income, and whether receiving federal or State rent subsidies;
(d) The date of manufacture and size of each mobile home in the park;
(e) An analysis of moving existing mobile homes which shall include, but not be limited to, the availability of other sites; the total costs of relocating mobile homes to a new location; and the feasibility of existing mobile homes being accepted at other locations.
(5) Relocation assistance plan -
(a) A proposed relocation assistance plan shall be prepared by or on behalf of the applicant which states all measures proposed by the applicant to mitigate any identifiable adverse impacts of the proposed closure or conversion of use on the residents of the mobile home park who would be displaced thereby. Every proposed relocation assistance plan shall provide that displaced residents will be provided relocation benefits that relate to the identified impacts. Relocation benefits must bear a relationship to the cost of displaced residents' finding alternative housing and will be determined on a case-by-case basis. With regard to mobile homes which cannot be moved to another mobile home park, consideration shall be given to the purchase of such mobile homes by the applicant at their appraised fair market value as determined by a qualified, independent appraiser, as approved by the city, utilizing principles applicable in relocation matters. The foregoing applies whether or not the mobile home owner resides in the unit.
(b) Persons who own mobile homes or who are tenants in the mobile home park at the time notice is given pursuant to section 24-31 will be eligible for relocation assistance as determined in the fully approved relocation assistance plan. Persons who become mobile home owners or tenants after the time notice is provided pursuant to section 24-31 may be eligible for relocation assistance as determined in the fully approved relocation assistance plan.
(6) Proof of service of notice - The applicant shall provide evidence, by proof of service, that he/she has given the notice required by section 24-31 to all applicable residents and coach owners, and continues to give such notice to all new potential residents.
(7) Other information -
(a) The applicant shall provide any other information which the development services director reasonably believes is necessary for the purpose of properly evaluating the mobile home park closure permit request.
(b) The application will not be accepted as complete until and unless all materials required hereby have been submitted.
(`64 Code, Sec. 17.1-52) (Ord. No. 2097)
The development services department shall provide a notice of the hearing date and location, along with a copy of the impact report and relocation assistance plan to each resident of the mobile home park 30 days prior to the commission hearing on the mobile home park closure permit application.
(`64 Code, Sec. 17.1-53) (Ord. No. 2097)
(A) A hearing shall be held on the mobile home park closure permit application before the commission. The commission shall approve the mobile home park closure permit if it finds that:
(1) The conversion, closure, or cessation of use of the land as a mobile home park will not be materially detrimental to the housing needs and public interest of the affected neighborhood and of the city as a whole; and
(2) The measures to reasonably and adequately mitigate any adverse impact of the proposed conversion, closure, or cessation of use on the mobile home park residents who will be displaced will be incorporated as conditions of permit approval.
(B) If either the impact report or relocation assistance plan are found to be inadequate, insufficient, or incomplete, the mobile home park closure permit may be denied without prejudice. If the applicant thereafter cures the deficiencies, the applicant may reapply without payment of a new filing fee.
(C) In passing on and approving any mobile home park closure permit, reasonable conditions may be imposed by the commission to mitigate adverse impacts on mobile home park residents who will be displaced, including but not limited to relocation assistance requirements, phasing of the conversion, closure or cessation of use, bonding requirements, and any other reasonable requirements in the facts and circumstances of the particular permit request.
(`64 Code, Sec. 17.1-54) (Ord. No. 2097)
(A) Written notices will be mailed to all residents residing in the mobile home park by city staff within ten days after the approval of a mobile home park closure permit. Such notice will state all of the conditions of approval of the mobile home park closure permit.
(B) The mobile home park owner shall pay the city's costs of doing said mailing.
(`64 Code, Sec. 17.1-55) (Ord. No. 2097)
A permit may be denied where there is substantial evidence that mobile home park residents have been coerced to publicly support or approve closure, proposed conversion of a mobile home park to another use, or cessation of the use of land as a mobile home park, or to refrain from publicly opposing the same, or to forego any assistance to which they might be entitled.
(`64 Code, Sec. 17.1-56) (Ord. No. 2097)
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