Legislation # 06-0667 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 11/15/2006
Title AN ORDINANCE TO AMEND CHAPTER 20 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "MOBILE HOMES AND MOBILE HOME PARKS."
 
Legislation History 06-0667
DateNotice Of ActionDescription
11/15/2006 Adopted on First and Final Reading
11/15/2006 Moved to waive the second reading on consent agenda items 6 through 16.
11/5/2006 Received By Clerk's Office
 
View Attachments 06-0667
FileTypeSizeDescription
Chapter 20 - Mobile Homes and Mobile Home Parks - REDLINE - October 17, 2006.doc Other 71K Chapter 20 Redline Version
 
Legislation Text 06-0667

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0667

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 20 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "MOBILE HOMES AND MOBILE HOME PARKS."

 

 

Chapter 20

 

MOBILE HOMES AND MOBILE HOME PARKS*

__________

* Cross References: Building and development regulations, Ch. 9; excavating, filling and similar operations, Ch. 13; sewers and sewage disposal, Ch. 30; water supply, Ch. 39; zoning ordinance, App. A.

State Law References: Virginia Industrialized Building Safety Law, Code of Virginia, 36-70 et seq.; Virginia Manufactured Housing Construction and Safety Standards Law, Code of Virginia, 36-85.2 et seq.

__________

 

Article I. In General

Sec. 20-1. Violations of chapter generally.

Sec. 20-2. Definitions.

Sec. 20-3. Parking mobile homes outside mobile home park.

Secs. 20-4--20-15. Reserved.

 

Article II. Mobile Home Parks

 

Division 1. Generally

Sec. 20-16. Inspections.

Sec. 20-17. Notice to correct violations of article.

Secs. 20-18--20-25. Reserved.

 

Division 2. Permit

Sec. 20-26. Required.

Sec. 20-27. Application.

Sec. 20-28. Inspection of site; issuance or refusal.

Sec. 20-29. Fee.

Sec. 20-30. Transfer.

Sec. 20-31. Revocation.

Secs. 20-32--20-40. Reserved.

 

Division 3. Requirements Applicable to All Parks

Sec. 20-41. Application of division.

Sec. 20-42. Maintenance.

Sec. 20-43. Display of permits, license and certificate of occupancy.

Sec. 20-44. Water and sewers generally.

Sec. 20-45. Construction requirements for service buildings.

Sec. 20-46. Required sanitation facilities.

Sec. 20-47. Location of service buildings with toilet and bath facilities.

Sec. 20-48. Unlawful disposal of sewage; sewer connections.

Sec. 20-49. Electric service.

Sec. 20-50. Lighting of driveways and walkways.

Sec. 20-51. Garbage containers.

Sec. 20-52. Fire-fighting equipment.

Sec. 20-53. Fuel storage facilities.

Secs. 20-54--20-65. Reserved.

 

Division 4. Requirements Applicable to Parks Existing on December 1, 1960

Sec. 20-66. Application of and compliance with division.

Sec. 20-67. Certificate of occupancy.

Sec. 20-68. Required ground area generally.

Sec. 20-69. Minimum area of mobile home spaces.

Sec. 20-70. Maximum coverage of mobile home space.

Sec. 20-71. Parking on driveways.

Sec. 20-72. Enlargements and additions.

Secs. 20-73--20-80. Reserved.

 

Division 5. Requirements Applicable to Parks Established After December 1, 1960

Sec. 20-81. Application of division.

Sec. 20-82. Improvement site plans.

Sec. 20-83. Certificate of occupancy.

Sec. 20-84. License.

Sec. 20-85. Gross ground area; minimum number of spaces.

Sec. 20-86. Width and depth of spaces; marking of space corners.

Sec. 20-87. Clearances and setbacks for mobile homes.

Sec. 20-88. Driveways generally.

Sec. 20-89. Fence or planting.

Sec. 20-90. Referral to zoning ordinance.

 

ARTICLE I.

 

IN GENERAL

 

Sec. 20-1. Violations of chapter generally.

 

Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 20-2. Definitions.

 

For the purposes of this chapter, the following words and terms shall have the meanings respectively ascribed to them by this section:

 

Certificate of occupancy. The term "certificate of occupancy" shall mean a certificate issued by the building official after compliance with all applicable requirements of this chapter have been verified.

 

Dependent mobile home. The term "dependent mobile home" shall mean a mobile home which does not have within it a flush toilet and a bathtub or shower.

 

Independent mobile home. The term "independent mobile home" shall mean a mobile home which has within it a flush toilet and a bathtub or shower.

 

Mobile home. The term "mobile home" shall mean a camp automobile, a trailer, a trailer coach or any other mode of habitation which is, can or may be used for living or sleeping purposes and which is, can or may be intended for transportation from one place to another upon a highway; whether by motive power or not; provided, however, that a vehicle used or intended to be used exclusively for vacations or camping purposes or for general utility purposes or for the hauling of pleasure boats shall not be deemed a mobile home.

 

Mobile home park; park. The term "mobile home park" or "park" shall mean a tract of land, a site, a lot or a field upon which are located, or which is held out for the location thereon, of one or more mobile homes, regardless of whether or not a charge is made for such accommodation, location or occupancy.

 

Mobile home space. The term "mobile home space" shall mean a plot of ground or lot or site within a mobile home park, established for the accommodation, location or occupancy of one mobile home.

(Ord. No. 58, 2; Code 1964, 24-1)

 

Sec. 20-3. Parking mobile homes outside mobile home park.

 

(a) It shall be unlawful for any person to park a mobile home on any public way or on any public or private property in the city, except in a duly licensed mobile home park and except that one mobile home may be parked and stored in an improved, enclosed garage or accessory building, but such mobile home shall not be occupied or living quarters maintained therein or any business use made thereof while so parked and stored.

 

(b) Nothing in this section shall be construed to prevent or prohibit a mobile home being temporarily parked on a public way, if permitted by some other provision of this Code or other ordinance of the city, or the display of mobile homes by dealers therein on their sales or display lots where permitted, or the use of a mobile home as a temporary office on the site, by a contractor, while construction is in progress.

(Ord. No. 58, 1; Ord. No. 428, 8.1-4; Code 1964, 8.1-4, 24-4)

 

Secs. 20-4--20-15. Reserved.

 

ARTICLE II.

 

MOBILE HOME PARKS*

__________

* Cross References: License tax on mobile home parks, 18-76; collection of garbage and trash from trailer courts, 32-34.

__________

 

DIVISION 1.

 

GENERALLY

 

Sec. 20-16. Inspections.

 

(a) Mobile home parks and the facilities thereof shall be open to inspection by public officials at all reasonable times.

 

(b) The building official and the director of public health or their agents shall make an inspection of every mobile home park in the city each six (6) months, or more often if deemed necessary. A prompt written report shall be made to the city manager after each inspection, which shall disclose the results of the inspection.

(Ord. No. 58, 8; Code 1964, 24-5)

 

Sec. 20-17. Notice to correct violations of article.

 

In the event it is ascertained by the director of public health that a mobile home park for which a permit has been issued pursuant to this article is being kept, maintained or operated in a manner in violation of this article, the director of public health shall give the permittee in question five days' written notice to correct the violation in question.

(Ord. No. 58, 3; Code 1964, 24-6)

 

Secs. 20-18--20-25. Reserved.

 

DIVISION 2.

 

PERMIT

 

Sec. 20-26. Required.

 

No person shall keep, maintain or operate a mobile home park within the city, unless he has a valid permit so to do issued pursuant to this division.

(Ord. No. 58, 1, 3; Code 1964, 24-3, 24-7)

 

Sec. 20-27. Application.

 

(a) Any person desiring a permit required by this division shall make application therefor, upon forms provided for that purpose, to the director of public health. Such application shall contain the name and address of the applicant, a description of the proposed park site and such other information as may be required by the director of public health.

 

(b) In the case of a mobile home park established after December 1, 1960, application for the permit required by this division shall be made after approval, by the building official, of the improvement site plans submitted as provided in section 20-82.

(Ord. No. 58, 3, 6; Code 1964, 24-8, 24-37)

 

Sec. 20-28. Inspection of site; issuance or refusal.

 

Upon the filing of an application for a permit under this division, the director of public health or his agent shall inspect the site of the proposed mobile home park. The director of public health may approve or reject such application, depending upon the results of such inspection. If such application is approved, the requisite permit shall be issued pursuant thereto. If such application is rejected, the permit applied for shall be refused.

(Ord. No. 58, 3; Code 1964, 24-9)

 

Sec. 20-29. Fee.

 

Upon the issuance of a permit pursuant to this division, a fee of twenty dollars ($20.00) shall be paid to the city treasurer by the person to whom the permit is issued.

(Ord. No. 58, 3; Code 1964, 24-10)

 

Sec. 20-30. Transfer.

 

A permit issued under this division shall be transferable upon written application of the holder thereof and endorsement thereon by the director of public health.

(Ord. No. 58, 1; Code 1964, 24-3)

 

Sec. 20-31. Revocation.

 

In the event a permittee under this division shall fail, neglect or refuse to comply with the notice referred to in section 20-17, the director of public health may revoke the permit in questions.

(Ord. No. 58, 3; Code 1964, 24-11)

 

Secs. 20-32--20-40. Reserved.

 

DIVISION 3.

 

REQUIREMENTS APPLICABLE TO ALL PARKS

 

Sec. 20-41. Application of division.

 

Unless otherwise clearly indicated, the requirements of this division shall apply to every mobile home park located in the city, regardless of when such park was or is established.

(Ord. No. 58, 5; Code 1964, 24-12)

 

Sec. 20-42. Maintenance.

 

(a) All service buildings and the grounds of mobile home parks shall be maintained in a clean, orderly manner and kept free of any condition that would menace the public health or constitute a public nuisance.

 

(b) At all times, the person to whom a use permit or a certificate of occupancy has been issued for a mobile home park, or the duly authorized agent of such person, shall be in charge of the mobile home park to maintain the same and its facilities in a clean, orderly and sanitary condition and in a state of good repair.

(Ord. No. 58, 5; Code 1964, 24-19, 24-28)

 

 

 

Sec. 20-43. Display of permits, license and certificate of occupancy.

 

The use permit required by the zoning ordinance,* the license required by chapter 18.1 of this Code and the permit and certificate of occupancy required by this chapter shall be conspicuously displayed, under a transparent covering, in the office on the premises of a mobile home park.

__________

* Cross References: Zoning ordinance, App. A.

__________

(Ord. No. 58, 5; Code 1964, 24-27)

 

Sec. 20-44. Water and sewers generally.

 

In each mobile home park, the potable water supply, sewers and connections thereto and sewage disposal shall conform to all applicable provisions of this Code and other ordinances of the city.

(Ord. No. 58, 5; Code 1964, 24-26)

Cross References: Sewers and sewage disposal, Ch. 30; water supply, Ch. 39.

 

Sec. 20-45. Construction requirements for service buildings.

 

Service buildings having toilet and bath facilities or laundry or other facilities shall be permanent structures, well lighted, well ventilated and with all openings tightly screened. They shall be constructed of such moisture proof materials as will permit repeated cleaning. The floors shall be of water impervious material.

(Ord. No. 58, 5; Code 1964, 24-17)

 

Sec. 20-46. Required sanitation facilities.

 

Each mobile home park accommodating dependent mobile homes shall provide toilets, baths or showers, slop sinks and other sanitation facilities, as follows:

 

(1) Toilet facilities for males, distinctly marked "FOR MEN," shall consist of not less than one flush toilet and one urinal for each five (5) dependent mobile homes or fraction thereof.

 

(2) Toilet facilities for females, distinctly marked "FOR WOMEN," shall consist of not less than one flush toilet for each five (5) dependent mobile homes or fraction thereof.

 

(3) Each sex shall be provided with not less than one lavatory and one bathtub or shower, or combination tub and shower, supplied with an adequate quantity of hot and cold running water, with individual dressing accommodations, for each five (5) dependent mobile homes or fraction thereof.

 

(4) Each toilet and each bathtub or shower, or combination tub and shower, with individual dressing accommodations as herein required, shall be in a private compartment or stall.

 

(5) Toilet and other sanitation facilities for males and females shall be in separate buildings or shall be separated, if in the same building, by a solid, soundproof wall from floor to ceiling or roof, with separate entrances.

 

(6) There shall be provided in both the male and female facilities, in a separate compartment or stall, not less than one flush toilet bowl for emptying bedpans or other containers of human excreta, with a slop sink and an adequate supply of hot running water for cleaning the same.

(Ord. No. 58, 5; Code 1964, 24-20)

 

Sec. 20-47. Location of service buildings with toilet and bath facilities.

 

Service buildings housing toilet and bath facilities shall be located no more than one hundred (100) feet from any space occupied by a dependent mobile home.

(Ord. No. 58, 5; Code 1964, 24-18)

 

Sec. 20-48. Unlawful disposal of sewage; sewer connections.

 

It shall be unlawful for any person to permit or for any person to dispose of or attempt to dispose of waste water or material from sinks, toilets, baths, showers or any other fixture or thing upon the surface of the ground in any mobile home park. All such fixtures in mobile homes or facilities of the mobile home park shall be connected to the park sewer system. Such park sewer system shall discharge into public sewers or a sewage disposal system as required by applicable provisions of this Code or other ordinances of the city.

(Ord. No. 58, 5; Code 1964, 24-21)

Cross References: Sewers and sewage disposal, Ch. 30.

 

Sec. 20-49. Electric service.

 

Each mobile home space shall be supplied with electric service.

(Ord. No. 58, 5; Code 1964, 24-25)

 

Sec. 20-50. Lighting of driveways and walkways.

 

Driveways and walkways in a mobile home park shall be adequately lighted from sunset to sunrise.

(Ord. No. 58, 6, 7; Code 1964, 24-33, 24-44)

 

Sec. 20-51. Garbage containers.

 

Leakproof garbage containers, with tight-fitting lids, shall be provided for, and located at, each mobile home space. Such containers shall at all times be maintained in a clean and sanitary condition.

(Ord. No. 58, 5; Code 1964, 24-22)

Cross References: Solid waste, Ch. 32.

 

Sec. 20-52. Fire-fighting equipment.

 

Each mobile home park shall, at all times, be equipped with such fire-fighting equipment as is required by the applicable provisions of this Code and other ordinances of the city.

(Ord. No. 58, 5; Code 1964, 24-23)

Cross References: Fire prevention and protection, Ch. 14.

 

Sec. 20-53. Fuel storage facilities.

 

Storage facilities for gas, fuel oil or gasoline in a mobile home park shall conform with the applicable requirements of this Code and other ordinances of the city.

(Ord. No. 58, 5; Code 1964, 24-24)

 

Secs. 20-54--20-65. Reserved.

 

DIVISION 4.

 

REQUIREMENTS APPLICABLE TO PARKS EXISTING ON DECEMBER 1, 1960

 

Sec. 20-66. Application of and compliance with division.

 

This division prescribes requirements for mobile home parks lawfully existing on December 1, 1960. Such parks shall conform to the requirements of this division, in addition to the general requirements of division 3 of this article.

(Ord. No. 58, 7; Code 1964, 24-40)

 

Sec. 20-67. Certificate of occupancy.

 

(a) It shall be unlawful for any person to keep, maintain or operate within the city a mobile home park governed by this division without first securing a certificate of occupancy from the building official. The building official shall issue such certificate, if the park conforms to the requirements of this division and division 3 of this article.

 

(b) A certificate of occupancy issued under this section shall be transferable upon the written application of the holder thereof and endorsement thereon by the building official.

(Ord. No. 58, 1, 7; Code 1964, 24-3, 24-46)

Sec. 20-68. Required ground area generally.

 

Mobile home parks subject to this division shall be of such ground area as may be required for necessary driveways, buildings and the ground areas required for each mobile home space and the clear spaces required between the latter.

(Ord. No. 58, 7; Code 1964, 24-41)

 

Sec. 20-69. Minimum area of mobile home spaces.

 

The owner or operator of a mobile home park subject to this division shall provide not less than one thousand (1,000) square feet of ground, exclusive of the ground underneath a mobile home, for each space rented or offered for rent.

(Ord. No. 58, 7; Code 1964, 24-42)

 

Sec. 20-70. Maximum coverage of mobile home space.

 

(a) Mobile homes shall be so harbored on each mobile home space in a park subject to this division that there shall be unoccupied space of not less than ten (10) feet on both sides and ends thereof. Such unoccupied space shall not be construed to mean the space underneath the mobile home.

 

(b) Notwithstanding the provisions of subsection (a) above, a mobile home park containing two (2) or more mobile homes that has a permit issued by the city under the provisions of any ordinance in effect prior to December 1, 1960, may retain such placement of mobile homes therein as was required or accepted by the city under the provisions of such previous ordinance, provided a plat of the park and its mobile home spaces, to a scale of twenty (20) feet to an inch, is filed with the building official prior to the issuance of a certificate of occupancy under section 20-67.

(Ord. No. 58, 7; Code 1964, 24-45)

 

Sec. 20-71. Parking on driveways.

 

The parking of vehicles on driveways in mobile home parks subject to this division shall be regulated in such manner as to permit the egress and ingress of emergency vehicles at all times.

(Ord. No. 58, 7; Code 1964, 24-43)

 

Sec. 20-72. Enlargements and additions.

 

Enlargements of or additions to mobile home parks governed by this division shall conform to the requirements of division 5 of this article, except those prescribed in sections 20-82 through 20-85.

(Ord. No. 58, 7; Code 1964, 24-50)

 

Secs. 20-73--20-80. Reserved.

DIVISION 5.

 

REQUIREMENTS APPLICABLE TO PARKS ESTABLISHED AFTER DECEMBER 1, 1960

Sec. 20-81. Application of division.

 

This division prescribes requirements for mobile home parks established in the city between December 1, 1960 and October 24, 1990, which requirements are in addition to the general requirements of division 3 of this article.

(Ord. No. 58, 6; Code 1964, 24-29; Ord. No. 977, 10-24-90)

 

Sec. 20-82. Improvement site plans.

 

After a use permit has been granted by the city council for a mobile home park, as required by the zoning ordinance*, the person in whose name it is granted shall, in duplicate, submit improvement site plans to the building official, which plans shall show the following:

 

(1) The name and address of the person to whom the use permit was granted.

 

(2) The location and street number of the park site.

 

(3) The layout of driveways, walkways, mobile home spaces; water, sewer and electric service locations and connection locations; driveway light locations; location of sanitation facilities and laundry facilities, if furnished; the surface drainage plan; sewage disposal plan; and such other information as may be requested by the building official.

__________

* Cross References: Zoning ordinance, App. A.

__________

(Ord. No. 58, 6; Code 1964, 24-36)

 

Sec. 20-83. Certificate of occupancy.

 

(a) It shall be unlawful for any person to keep, maintain or operate within the city a mobile home park governed by this division, without first securing a certificate of occupancy from the building official. Such certificate shall be issued upon completion of all improvements in accordance with the site plans submitted pursuant to section 20-82.

 

(b) A certificate of occupancy issued under this section shall be transferable upon the written application of the holder thereof and endorsement thereon by the building official.

(Ord. No. 58, 1, 6; Code 1964, 24-3, 24-38)

 

Sec. 20-84. License.

 

The person to whom the use permit, the permit required by division 2 of this article and certificate of occupancy required by section 20-83 are issued shall then secure the license required by chapter 18.1 of this Code, after which mobile home spaces may be occupied in the park.

(Ord. No. 58, 6; Code 1964, 24-39)

 

Sec. 20-85. Gross ground area; minimum number of spaces.

 

Mobile home parks subject to this division shall have a gross ground area equal to the area required for the number of mobile home spaces to be provided, the necessary area for setbacks required by the zoning ordinance,* park roadways, park service buildings and other park purposes. The minimum number of mobile home spaces to be provided for in such parks shall be ten (10).

__________

* Cross References: Zoning ordinance, App. A.

__________

(Ord. No. 58, 6; Code 1964, 24-30)

 

Sec. 20-86. Width and depth of spaces; marking of space corners.

 

Mobile home spaces in parks subject to this division shall be of such width and depth that there shall be at least twenty (20) feet of unoccupied space between the sides of each mobile home and ten (10) feet on each end of the mobile home thereon harbored. The roof of an open patio adjacent or attached to the mobile home may extend into the unoccupied space on one side thereof; provided, however, that if the space under such roof is enclosed, the enclosed space shall be counted as a part of the mobile home width and the required unoccupied space on that side shall be measured from the outside wall of such enclosed space. The corners of each space shall be permanently marked.

(Ord. No. 58, 6; Code 1964, 24-31)

 

Sec. 20-87. Clearances and setbacks for mobile homes.

 

Mobile homes shall be so harbored on each mobile home space that there shall be at least a twenty (20) foot clearance between homes. In any multiple residential district (R-M), as defined in the zoning ordinance, mobile homes shall be harbored at least thirty (30) feet from the front property line and not less than ten (10) feet from a side property line or any building within the park and not less than twenty (20) feet from the rear property line. If the park is located in a commercial district C-1, C-2 or C-3, as defined in the zoning ordinance, mobile homes shall be harbored not less than twenty (20) feet from the front property line and not less than ten (10) feet from a side or rear property line or any building within the mobile home park.

(Ord. No. 58, 6; Code 1964, 24-34)

Cross References: Zoning ordinance, App. A.

 

Sec. 20-88. Driveways generally.

 

Mobile home spaces in a park subject to this division shall abut upon a paved driveway, not less than thirty (30) feet in width, which shall have unobstructed access to a public street.

(Ord. No. 58, 6; Code 1964, 24-32)

Sec. 20-89. Fence or planting.

 

Each mobile home park subject to this division shall have around its boundary a suitable fence or planting, not less than three (3) feet in height, having only openings that are necessary for egress and ingress to public streets. Barbed wire or electric fences are prohibited.

(Ord. No. 58, 6; Code 1964, 24-35)

Cross References: Barbed wire generally, 9-206 et seq.; general prohibition against electric fences, 24-40.

 

Sec. 20-90. Referral to zoning ordinance.

 

All manufactured/mobile home parks and subdivisions established in the city after October 24, 1990 and all additions and changes to existing manufactured/mobile home parks after October 24, 1990 shall meet the criteria prescribed in Chapter 20, Article III of the zoning ordinance, as well as any additional conditions of the approved use permit.

(Ord. No. 977, 10-24-90)

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council