(A) General. Mobile home parks are a historic anachronism. Originally designed to serve the same function as today’s recreational vehicle parks and campgrounds, changes in technology and the public’s attitudes towards the use of mobile homes as residences have largely changed mobile home parks from locations of temporary occupancy to locations of permanent residence. Unfortunately, as mobile homes have become larger and more permanent, the design and organization of mobile home parks have not correspondingly changed to keep pace. As a result, such parks often reflect unacceptable density of development, lack of open space, substandard private improvements, and a general lack of amenities, among other problems, not conducive to the development of a single-family residential neighborhood.
(B) Intent. Non-conforming mobile home parks are declared by this chapter to be incompatible with the buildings, structures, and uses permitted by this chapter. Such parks are not to be expanded and should be reduced to conformity as quickly as the fair interest to the parties involved will permit. With this background, it is the intent of this section to permit such non-conforming parks to continue until such time as they are discontinued, damaged (see division (G) below), or removed.
(C) Application of the regulations. Where, on the date of adoption or amendment of this chapter, a lawful mobile home park existed that is no longer permissible under the provisions of this chapter, such mobile home park may continue so long as it remains otherwise lawful subject to the following provisions.
(1) Violations not validated. A non-conforming mobile home park in violation of a provision of the ordinance which this repeals shall not be validated by the adoption of this chapter.
(2) Enlargement. No such non-conforming mobile home park shall be enlarged, expanded, or extended to occupy, on the date of adoption or amendment of this chapter, and no additional accessory use, building, or structure shall be established thereon, unless in complete compliance with the requirements of this chapter; nor shall the mobile homes within the existing site be rearranged to increase their number or density within the existing confines of the park.
(3) Relocation. No such non-conforming mobile home park shall be moved in whole or in part to any other portion of such parcel or lot not so occupied on the date of adoption of this chapter.
(4) Destruction. Should any such non-conforming mobile home park be destroyed by any means to an extent of 50% or more of its replacement, it shall not be reconstructed except in conformity with the requirements of this chapter. (See division (B) above.)
(5) Discontinuance. If such non-conforming mobile home park ceases to exist for any reason for a period of more than 180 consecutive days (except where government action causes such cessation), the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this chapter for the district in which such parcel or lot is located.
(D) Ownership. Non-conforming mobile home parks shall remain in one ownership and shall be primarily designed for the purpose of renting spaces for the placement of mobile home dwelling units. In no instance shall a non-conforming mobile home park be sold as individual lots for permanent mobile home residence.
(E) Minimum distances. Within all non-conforming mobile home parks, the minimum distances maintained between mobile homes shall be maintained as they currently exist on the date of adoption of this chapter, subject to no existing violation being present from the previous ordinance which this chapter repeals. In no case shall the mobile homes within a non-conforming mobile home park be rearranged to increase their number or density within the existing confines of the park. In addition, these minimum distances shall be subject to the health and safety requirements of the town’s adopted Building Fire Codes, applicable state laws, and/or a development plan previously approved by the town.
(F) Minimum accommodations. All mobile homes within non-conforming mobile home parks shall be subject to the requirements of § 154.088(D)(4).
(G) Limitation on permitted uses. Within all non-conforming mobile home parks, the permitted uses of such park shall be limited to the following:
(1) Manufactured homes, mobile homes, and modular homes;
(2) Accessory buildings or structures, under park management and supervision, used only as office space, storage, laundry facilities, recreation facilities, garage storage, or other necessary service for park resident use only. An accessory building or structure shall not exceed 25 feet in height, nor two stories; and shall meet the requirements of the town’s Building Code;
(3) Each residence may have one accessory building on a lot. The accessory building shall not exceed a height of 12 feet, nor two stories in height, nor be closer than five feet from any side or rear property line; and
(H) Periodic replacement of mobile homes. Recognizing the mobile home parks are designed for the purpose of renting or leasing locations for mobile homes owned by others, it is understood that, from time-to-time, existing mobile homes within the park will be replaced. Such replacements are permissible, provided the other requirements of this chapter are maintained.
(I) Park maintenance. Park owners and management are required to maintain the physical and natural facilities and features of the park in a neat, orderly, and safe condition.
(J) Parking. No parking area or parking space which exists at the time this chapter becomes effective or which subsequent thereto is provided for the purpose of complying with the provisions of this chapter shall thereafter be relinquished or reduced in any manner.
(K) Siding/skirting. All manufactured or mobile homes without a permanent perimeter enclosure shall have an approved foundation siding/skirting enclosing the entire perimeter of the home. Foundation siding/skirting and back-up framing shall be of weather-resistant, non-combustible or self-extinguishing materials, which blend with the exterior siding of the home. Below grade level and for a minimum distance of six inches above finish grade, the materials shall be unaffected by decay or oxidation. The siding shall be installed in accordance with the manufacture’s recommendations or approved equal standards. The siding shall be ventilated by openings, which shall have a net area of not less than one and one-half square feet for each 25 linear feet of exterior perimeter. The openings shall be covered with corrosion resistant wire mesh not larger than one-half inch in any dimension. The under-floor area shall be provided with an 18-inch by 24-inch minimum size access crawl hole, which shall not be blocked by pipes, ducts, or other construction interfering with the accessibility of the under-floor space, or other approved access mechanism.
(L) Support system. All mobile homes not placed on a permanent foundation shall be installed on a support system in conformance with the manufacturer’s installation specifications or with the support system regulations in the ANSI/NFPA 501A 1977 installations standards.
(M) Existence of a non-conforming mobile home park. In cases of doubt, and on specific questions raised concerning whether a mobile home park has non-conforming status, or if an element of such park has non-conforming status, it shall be treated as a question of fact and shall be decided by the Board of Zoning Appeals.
(Ord. 01-04-01, passed 4-10-2001)