(A) All sites upon which a mobile home is located within the city zoning limits but not within a licensed mobile home park at the time of the effective date of this chapter shall be designated as nonconforming use sites. The lawful nonconforming use of these sites may be continued, although that use does not conform to the provisions of this chapter, provided that the use complies with the conditions for nonconforming use sites hereinafter set forth.
(B) A nonconforming use shall not be extended or expanded. The extension or expansion of a nonconforming use to any portion of the site designated specifically for a nonconforming use, which existed prior to the effective date of this chapter, shall not be deemed an extension or expansion of the nonconforming use. Any such valid extension or expansion must meet the requirements of this chapter.
(C) A mobile home on a nonconforming use site may be replaced by another mobile home, provided that the replacement mobile home is less than 7 years old and, except for location outside of a licensed mobile home park, conforms with this section.
(D) If a nonconforming use has ceased for a period of 1 year or more, it shall not be reestablished. If the mobile home shall remain unoccupied for residency purposes for a period of 1 year or more, it shall be treated as a cessation of the nonconforming use. Once changed to a conforming use, no site shall be permitted to revert to a nonconforming use, and the site shall no longer be designated a nonconforming use site.
(E) No person shall maintain any unit on a site within the city, or use any unit for living or sleeping quarters, or make application for a permit pursuant to this section, unless he or she has first complied with the following conditions:
(1) Each unit shall be equipped with a complete toilet, wash bowl, and shower bath or bathtub;
(2) Each unit shall have an adequate supply of wholesome water with a separate connection to the regular water system of the city; provided, however, if city water is not available to the unit, then the unit shall be connected to an approved well; all of which connections shall be made in accordance with established rules, regulations, codes, and ordinances of the city;
(3) Each unit shall have a separate liquid waste outlet, connected with the regular established sewer system of the city; provided, however, if city sewer is not available to the unit, then the unit shall be connected to an approved septic system; all of which connections shall be made in accordance with established rules, regulations, codes, and ordinances of the city;
(4) Each unit shall be equipped with a smoke detector in working order, as required by existing state law;
(5) Each unit shall have electric service connected with the regular established electrical system of the city, which electrical connection shall be in accordance with the rules, regulations, codes, and ordinances of the city;
(6) Each unit shall be securely anchored in accordance with the Mobile Home Tie-Down Act, ILCS Chapter 210, Act 120, §§ 1 et seq.;
(7) Each unit shall be equipped with secure skirting so as to enclose the space between the bottom of the unit and the ground;
(8) Garbage, rubbish, and trash shall be disposed of in a manner which creates neither a nuisance nor a menace to health;
(9) Each unit shall have no less than 2 entranceways. Each entranceway shall be easily useable and shall have steps or a porch to facilitate use; and
(10) Each unit shall be equipped with fire extinguishers in working order, 1 in each end of the mobile home.
(F) No person shall maintain any unit on a site within the city or use a unit within the city for living or sleeping purposes without first having obtained a permit from the city.
(G) A person desiring to use a unit for living or sleeping purposes on a nonconforming site shall make application in writing with the City Clerk on forms provided by the City Clerk. An application in writing for a permit shall be made for any unit that is situated on a site in the city, and this application shall be made within 10 days of the time the unit is placed on the site. All nonconforming sites in existence at the time of the passage of this chapter shall have 1 year during which to make application for the permit.
(H) Promptly upon application being made, the Mayor shall appoint a representative of the city to inspect the unit and the nonconforming use site where the unit is located and determine if the person making application has complied with the conditions and provisions of this section. If the written application and the inspection of the unit and site show compliance with the conditions and provisions of this section, the City Clerk shall issue a permit certificate as hereinafter described.
(I) If a permit is granted for a nonconforming use site and unit by the city, it shall issue a certificate showing the name of the permittee, the date of issuance, and the location of the unit, and shall be signed in the name of the city by the Mayor and Clerk and be impressed with the city seal. The City Clerk shall keep a record of all such permits issued.
(J) No nonconforming use site permit shall be transferable or assignable.
(K) The permit granted under this section shall be perpetual, so long as the permittee complies with the conditions and provisions of this section.
(L) Any permit issued by the city under this section shall be suspended or revoked by the Mayor and Council for any of the following causes:
(1) Fraud, misrepresentation, or incorrect statement contained in the application;
(2) Actions unauthorized or beyond the scope of the permit granted;
(3) Violation of any of the conditions or provisions of this chapter applicable to the activity for which the permit has been granted;
(4) Failure to continuously comply with all conditions required as precedent to the approval of the permit;
(5) Using or maintaining the unit in such a manner as to constitute a breach of peace or a menace to the health, safety, or welfare of the public; or
(6) Violation of any statute of the state or ordinance of the city which protects the health and safety of the public, or prohibits nuisances, or otherwise regulates the condition of buildings or structures.
(M) (1) A unit used or maintained in the city contrary to the provisions of this section is declared a nuisance, and the city shall have available all remedies as provided in the city ordinances and code provisions.
(2) Further, a unit that is not on an approved nonconforming use site, or which is on a site no longer an approved nonconforming use site pursuant to division (D), is declared a nuisance and shall be removed by the owner of the unit or owner of the site at the respective owner’s expense. Failure to do so within a reasonable time after demand from the city shall be a violation of the city ordinances. In addition to any remedy available to the city under this Code of Ordinances, the city can seek permission from the court to abate the nuisance by allowing the city to remove the mobile home and dispose of it and any fees and costs of such removal shall be at the unit and/or site owner’s expense, which are recoverable by the city from the unit and/or site owner.
(1969 Code, § 15.5-3) (Ord. 1994-12, passed 4-11-1994; Am. Ord. 1998-22, passed 9-9-1998; Am. Ord. 1998-27, passed 10-12-1998; Am. Ord. 2005-39, passed 9-12-2005; Am. Ord. 2017-1, passed 1-9-2017) Penalty, see § 157.99