CHAPTER 4
MOBILE AND MANUFACTURED HOME PARKS

SECTION:

10-4-1:    Purpose

10-4-2:    Definitions

10-4-3:    Park Construction; License To Operate; Fee

10-4-4:    Application For Construction Permit

10-4-5:    Investigation Of Premises; Permit Issuance Conditions

10-4-6:    Display Of Licenses And Permits

10-4-7:    Permits Nontransferable

10-4-8:    Construction Plan; Information Required

10-4-9:    Manufactured Or Mobile Home Park Requirements

10-4-10:    Manufactured Or Mobile Home Placement; Fees; Other Requirements

10-4-11:    Utilities Requirements

10-4-12:    Fire Protection Equipment

10-4-13:    Operation; Owner Responsibility

10-4-14:    Maintenance Of Structures

10-4-15:    Working Order Required For All Installations

10-4-16:    Removal Of Unfit Habitation

10-4-17:    Commercial Uses

10-4-18:    Sign Restrictions

10-4-19:    Poultry And Livestock Prohibited

10-4-20:    Enforcement; Right Of Entry For Inspection

10-4-21:    Violation; Remedies; Permit And License Revocation

10-4-22:    Permit Or License Revocation; Hearing; Notice

10-4-23:    Appeal Procedure

10-4-24:    Penalty

10-4-1 PURPOSE:

The purpose of this chapter is to:

A.    Provide standards for the development and use of manufactured or mobile homes appropriate to their location and their use as permanent, accessory or temporary facilities and to establish minimum standards and requirements for the construction and operation of manufactured and mobile home parks.

B.    Make a distinction between manufactured and mobile home parks and manufactured home subdivisions, and their development and occupancy characteristics. (Ord. 816, 1-14-2008)

10-4-2 DEFINITIONS:

For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section:

ACCESSORY USE:

A use or structure customarily incidental and subordinate to the principal use of a manufactured or mobile home and located on the same manufactured or mobile home space with the manufactured or mobile home.

CARPORT:

A shade structure for an automobile which is completely open on at least two (2) sides and which is designed to be constructed in conformance with the city building code. All carports shall be construed as accessory uses to manufactured or mobile homes.

DRIVEWAY:

A minor entrance off the park street into an off street parking area serving one or more manufactured or mobile homes.

GROUND ANCHOR:

Any device at the manufactured or mobile home stand designed for the purpose of securing a manufactured or mobile home to the ground.

MANUFACTURED HOME SUBDIVISION:

An area of land, platted in accordance with the subdivision or platting regulations of the city and the state of Washington, in which each parcel or lot is designed and intended to be owned in fee by a person or persons also owning and occupying the manufactured or mobile home structure situated on such lot. The manufactured or mobile home units remain essentially fixed on permanent foundations and, generally, are moved onto the site in their entirety or in sections only at the time of initial construction. Structures in manufactured or mobile home subdivisions shall meet current HUD or IBC construction standards, and shall be governed by the city subdivision ordinances.

MANUFACTURED/MOBILE HOME:

A vehicular, portable structure built on a chassis, designed to be used as a residential dwelling, which is not designed to be permanently affixed to a foundation, and containing plumbing, waste disposal and electrical systems similar to conventional homes, and which bears an insignia issued by a state or federal regulatory agency indicating that the manufactured/mobile home complies with all applicable construction standards of the U.S. department of housing and urban development definition of a "manufactured home". A commercial coach, recreational vehicle and factory built home is not a manufactured/mobile home.

MANUFACTURED OR MOBILE HOME PARK:

An area of land, in single ownership, on which ground space is made available for the location of manufactured or mobile homes (or trailers) on a month to month or yearly lease basis. Said manufactured or mobile homes would, generally, be owned by the occupants who pay a fee for the use of the ground space. The manufactured or mobile home units remain essentially portable and may be moved from time to time.

MANUFACTURED OR MOBILE HOME SPACE:

A plot of ground plainly marked by corner stakes, fences, shrubbery or other devices, and designed to accommodate one occupied manufactured or mobile home and/or accessory building.

PARK STREET:

A street or road within a manufactured or mobile home park which connects individual manufactured or mobile home spaces with a public road, street or highway.

PARKING SPACE:

A minimum space nine feet (9') in width by twenty feet (20') in length for the purpose of automobile storage.

PERMIT:

A written permit issued by the city clerk-treasurer permitting the manufactured or mobile home park to operate under this chapter and the regulations promulgated hereunder.

PLOT PLAN:

A graphic representation drawn to scale.

PORCH:

An outside walking area having the floor elevated more than eight inches (8") above grade. All porches shall be construed as accessory uses to a manufactured or mobile home.

RECREATION AREA:

Any area that has been designed for active or passive recreational use.

RECREATIONAL VEHICLE:

A vehicular type unit primarily designed as temporary living quarters for recreational, camping, travel, or seasonal use that either has its own motive power, or is mounted on or towed by another vehicle. The basic entities are camping trailer, fifth wheel trailer, motor home, travel trailer, and truck camper.

SKIRTING:

A securely attached exterior material that extends around the bottom of the entire manufactured or mobile home between the ground and the outer bottom portion of the dwelling.

STORAGE BUILDING:

A structure located on a manufactured or mobile home space which is designed and used solely for the storage of personal equipment and possessions of the manufactured or mobile home occupants. All storage buildings shall be construed as accessory uses to the manufactured or mobile home.

TIE DOWN:

Any device designed for the purpose of anchoring a manufactured or mobile home to ground anchors.

UNIT:

A mobile home, manufactured home, or recreational vehicle for the purpose of this chapter. (Ord. 816, 1-14-2008)

10-4-3 PARK CONSTRUCTION; LICENSE TO OPERATE; FEE:

A.    License To Operate Required: It is unlawful for any person to construct a manufactured or mobile home park or enlarge an existing manufactured or mobile home park in the city unless such person holds a valid manufactured or mobile home license authorizing the one named thereon to operate the manufactured or mobile home park on the premises listed on the permit and to accommodate the number of units approved by the planning commission. Such licenses shall be procured from the city clerk-treasurer.

B.    License Fee: An annual license fee for the operation of any manufactured or mobile home park in the city shall be set by resolution of the city council. (Ord. 816, 1-14-2008)

10-4-4 APPLICATION FOR CONSTRUCTION PERMIT:

A.    Submission Of Application: Application for a permit to construct, substantially reconstruct or enlarge a manufactured or mobile home park shall be submitted upon a form provided by the building official.

B.    Payment Of Application Fee: At the time of submission of the application hereunder, the city clerk-treasurer shall collect an application fee which shall be established by resolution of the city council. (Ord. 816, 1-14-2008)

10-4-5 INVESTIGATION OF PREMISES; PERMIT ISSUANCE CONDITIONS:

A.    Investigation; Compliance Required: Upon filing of the application and plans accompanied by the inspection fee, it shall be the duty of the building official, the fire chief, the health officer, and the floodplain administrator, or any of their duly authorized representatives, to investigate the premises and determine whether the proposed manufactured or mobile home park, or the site proposed therefor, conforms with the requirements of this chapter, all provisions of this code, including title 13, "Flood Control", of this code, city ordinances, rules and regulations of the health district, and state laws. No permit shall be issued unless such manufactured or mobile home park, or the proposed site, complies with such requirements.

B.    Rejection Of Application; Right To Appeal: Any application that does not comply with all city ordinances and state law shall be rejected; provided, however, appeal may be made according to the provisions set forth in section 10-4-23 of this chapter. (Ord. 857, 9-12-2011)

10-4-6 DISPLAY OF LICENSES AND PERMITS:

All licenses and permits shall be displayed in the office of the manufactured or mobile home park or in a prominent place within the park. (Ord. 816, 1-14-2008)

10-4-7 PERMITS NONTRANSFERABLE:

No permit issued by the building, health or fire departments, or the planning commission is transferable. (Ord. 816, 1-14-2008)

10-4-8 CONSTRUCTION PLAN; INFORMATION REQUIRED:

A.    Plan Requirements:

1. Prior to any construction or installation of any buildings, roadways or utilities in a new or proposed manufactured or mobile home park, or additions, extensions and enlargements of any existing manufactured or mobile home park, the owner or operator thereof shall obtain approval from the city council and shall place on file with the city clerk one complete plan of the manufactured or mobile home park. The council shall not approve any plans hereunder without review by the floodplain administrator to determine the applicability of title 13, "Flood Control", of this code, and approval thereof if title 13 of this code applies.

2. All such plans shall be prepared by a licensed architect or engineer; provided, however, that an owner may develop his own drawings when he is capable of producing drawings equivalent to the conventional drawings of architects and engineers.

B.    Information Required: The manufactured or mobile home park plan shall be drawn to scale and completely dimensioned. Such plans shall clearly set forth the following information:

1. Name and address of the owner and/or operator.

2. Address, location and legal description of the manufactured or mobile home park.

3. Extent of the area and dimension of the park site, including topographical information with five foot (5') contour lines.

4. Size, location and number of manufactured or mobile home spaces.

5. Entrances, exits, driveways and walkways, including dimensions.

6. Number, size and location of automobile parking accommodations.

7. Number, location and detailed floor plans, including elevations, of all service buildings and other proposed structures, including accessory buildings.

8. Location and size of recreation areas, including a development plan showing type of landscaping, surface treatment, drainage, apparatus and/or special equipment.

9. Plan of water system.

10. Method and plan of sewage disposal and site drainage.

11. Method of garbage disposal and plan of storage areas, if appropriate.

12. Lighting plan of outside areas and service outlets.

13. Method and plan of service building heating.

14. Location and type of firefighting and fire prevention facilities.

15. Location of signs.

16. Type and location of screening and/or fencing on perimeter of manufactured or mobile home park.

17. Any information required by the floodplain administrator pursuant to title 13, "Flood Control", of this code, as applicable. (Ord. 857, 9-12-2011)

10-4-9 MANUFACTURED OR MOBILE HOME PARK REQUIREMENTS:

A.    Flood Control Regulations Applicable: All manufactured and mobile home parks shall conform with all provisions of this code and state and federal law, including all provisions of title 13, "Flood Control", of this code, as applicable. In the event this chapter is inconsistent with or conflicts with title 13 of this code, title 13 controls. Any dispute over inconsistent or conflicting provisions between this title and title 13 of this code shall be resolved by the floodplain administrator in consultation with legal counsel.

B.    Site Size And Access Requirements: Every manufactured or mobile home park shall contain at least three (3) acres of usable and developable land and have direct access to a public street right of way containing a width of at least fifty feet (50').

C.    Manufactured Or Mobile Home Spaces; Basic Requirements: Manufactured or mobile home space requirements are as follows: Each space shall provide a minimum area of five thousand six hundred (5,600) square feet; however, no such space shall average less than fifty six feet (56') in width nor less than one hundred feet (100') in depth, except where otherwise expressly approved by the planning commission and the city council. In no event shall the lots be less than four thousand five hundred (4,500) square feet, and the lesser square footage would be considered on a case by case basis, and will take into consideration the layout of the real property itself, and whether hardships would be imposed by the higher square footage, and whether additional square footage has been devoted for community manufactured or mobile home park purposes.

D.    Drainage Facilities: The ground surface in all parts of a park shall be graded and equipped to drain all surface water in a safe, efficient manner. The adequacy of drainage facilities shall be verified by a licensed professional engineer.

E.    Setback Requirements:

1. Manufactured Or Mobile Home Park: There shall be a minimum setback of eight feet (8') from all public rights of way and a minimum setback of fifteen feet (15') from all other abutting property.

2. Manufactured Or Mobile Home Space:

a. There shall be a minimum ten foot (10') setback from the front line of the unit space.

b. There shall be a minimum side yard setback of ten feet (10') from the side line of the unit space to the unit or attached accessory structure.

c. The minimum setback for unattached accessory structures from the side line of the unit space shall be five feet (5').

d. No manufactured or mobile home shall be located within twenty feet (20') of another unit, measured end to end, with a rear setback of not less than ten feet (10') from the manufactured or mobile home space line.

3. All Other Structures: The minimum front yard setback shall be at least eight feet (8') from the park street.

F.    Landscaping: Ornamental plantings of type 2 landscaping at least eight feet (8') in depth shall be installed and maintained around the perimeter of the park.

G.    Fencing And Screening: There shall be constructed and maintained a permanent fence not less than six feet (6') in height on all sides of the park, except where natural barriers exist to form all or part of such a screen. The fence and/or screening shall be placed in such manner as to not create any traffic safety visual hazards.

H.    Soil And Ground Cover: Exposed ground surfaces in all parts of the park shall be paved, covered with stone screenings or other material or protected within a vegetative growth that is capable of preventing erosion and eliminating dust. All plans for surface coverage must be approved by the building inspector.

I.    Manufactured Or Mobile Home Space, Site Number: Every manufactured or mobile home space shall be identified with a clearly visible individual site number in logical numerical sequence and so shown on the official plot plan for the park.

J.    Recreation Area:

1. All parks shall have at least one recreation area. Not less than five percent (5%) of the gross park area shall be devoted to such area, which shall be centrally located where topography permits. In parks containing more than one hundred (100) spaces, this area may be decentralized.

2. The particular type of recreation area (i.e., open space, bike trails, putting green, swimming pool, etc.) shall be left to the discretion of the park owner/developer.

3. The following shall not be counted into the recreation area calculation: vehicle parking and storage; commercial, administration or sales offices; maintenance and utilities areas; and the perimeter setback of the manufactured or mobile home park.

4. When children’s playground space is provided, it shall be so designated, and shall be protected from traffic thoroughfares and parking areas.

5. Such space shall be maintained in a sanitary condition and free of dangerous conditions and hazards.

K.    Service And Community Service Buildings: All portions of any structure within a manufactured or mobile home park which is not a manufactured or mobile home shall conform to the provisions of the city building code1.

L.    Accessory Structures; Area Restriction: In no case shall the area of a manufactured or mobile home space occupied by a carport or other accessory structure or combination thereof exceed fifty percent (50%) of the total space area.

M.    Patio Requirements: There shall be provided on each manufactured or mobile home space a concrete or bituminous asphalt patio of a minimum four by four feet (4 x 4') at stair landings.

N.    Porches: Design and construction of all structural elements of a porch, stairs leading thereto and rails, shall be in accordance with the applicable provision of the city building code.

O.    Storage Building: One storage building, the capacity of which shall not exceed one hundred fifty (150) square feet, may be located on a manufactured or mobile home space.

P.    Park Streets; Access; Driveways:

1. Streets: A manufactured or mobile home park shall contain a park street (or streets) which connect each home space within the park to a public road, street or highway. Park streets shall be surfaced with compacted gravel, asphalt concrete, or concrete as specified in Washington state regulations. A park street shall have a minimum width of thirty feet (30') and shall be well marked in the daytime and adequately lighted at night.

2. Access Requirements: Each home space within a manufactured or mobile home park shall have direct access to a park street. The access shall be an unobstructed area.

3. Driveway Width: Where the site design contains a large number of asymmetrical lots or where cul-de-sac driveways extend from a central access, the required minimum driveway width shall be determined from the individual characteristics of the design and approved by the city planner.

4. Roadway Surfacing: All access roadways, parking areas and service drives shall be asphalt, concrete, portland cement, or compacted gravel surfaced in accordance with Washington state specifications.

Q.    Parking Space And Walkway Requirements:

1. Generally: For each manufactured or mobile home space, there shall be provided two (2) off street parking spaces on the home unit space. This parking space shall be hard surfaced or compacted gravel. The minimum driveway width shall be twenty feet (20').

2. Guest, Service And Storage Facilities:

a. In addition to the requirement for occupant parking, guest and service parking shall be provided within the boundaries of the park in the amount of one space for each five (5) home spaces or fraction thereof and shall be conveniently located and plainly identified for such use.

b. Such parking area shall be fully hard surfaced, oil matted, or compacted gravel and the spaces separated by striping or markers, and shall conform with the circulation and construction provisions.

3. Walkways: A manufactured or mobile home park shall contain walkways to and from all community service and recreational facilities. Such walkways shall be adequately surfaced and lighted. (Ord. 857, 9-12-2011)

10-4-10 MANUFACTURED OR MOBILE HOME PLACEMENT; FEES; OTHER REQUIREMENTS:

A.    Placement Fees: Placement fees charged for the inspection and placement of each manufactured or mobile home prior to its location within a "manufactured or mobile home park", as defined in section 10-4-2 of this chapter, shall be the same as the application fee specified in section 10-3-1 of this title.

B.    Height Regulations: Installation requirements shall be per the applicable city building code and Washington state department of labor and industry’s standards. (Ord. 816, 1-14-2008)

10-4-11 UTILITIES REQUIREMENTS:

A.    Water:

1. Water Supply: The water supply shall come from the city water system and shall be provided to all plumbing fixtures in the manufactured or mobile home park and to individual water connections provided at each manufactured or mobile home space.

2. Water Connections:

a. Water connections and water piping for individual manufactured or mobile homes shall be installed in accordance with the uniform plumbing code2, and shall consist of a riser terminating at least twelve inches (12") above the ground surface with two (2) 3/4-inch 9-valved outlets threaded for screw-on connections. Such water connection shall be equipped with a shutoff valve placed below frost depth (but in no case shall this valve be a stop and water cock), shall be protected from freezing and from damage from manufactured or mobile home wheels, and shall have the ground surface around the riser pipe graded to divert surface drainage away from the connection.

b. Water piping shall be installed in accordance with the uniform plumbing code adopted by the city.

3. Water Main Approval Required: Water distribution mains within the confines of the park shall be approved by the city water department in relation to the materials, sizing and design of the system.

B.    Plumbing And Sewer Connections:

1. Compliance With Plumbing Code: All plumbing and sewer connections in the park shall comply with the uniform plumbing code adopted by the city.

2. Sewer Connections And Sanitary Facilities: All manufactured or mobile home parks shall be connected to an approved septic system, and all home units and other sanitary facilities in the park shall be connected thereto.

C.    Gas Burning Appliances; Installation Requirements: All gas burning appliances shall be of an approved vented type and shall be installed in accordance with the uniform plumbing code adopted by the city. (Ord. 816, 1-14-2008)

10-4-12 FIRE PROTECTION EQUIPMENT:

A.    Requirements Generally: In every manufactured or mobile home park that contains twenty (20) or more home unit spaces, there shall be installed a minimum of one standard approved fire hydrant within the confines of the park. Additional fire hydrants shall be required so as not to exceed five hundred foot (500') spacing. All hydrants shall be supplied with water from an approved six inch (6") water main.

B.    County Fire Marshal Approval: All fire protection equipment required by this chapter shall meet the approval of the Pierce County fire marshal. (Ord. 816, 1-14-2008)

10-4-13 OPERATION; OWNER RESPONSIBILITY:

The owner or operator of a manufactured or mobile home park shall be responsible for securing the maintenance of all structures and their sites. (Ord. 816, 1-14-2008)

10-4-14 MAINTENANCE OF STRUCTURES:

Every structure shall be maintained in an approved, safe and sanitary condition. (Ord. 816, 1-14-2008)

10-4-15 WORKING ORDER REQUIRED FOR ALL INSTALLATIONS:

All devices, installations and safeguards required by this chapter shall be maintained in approved working order. (Ord. 816, 1-14-2008)

10-4-16 REMOVAL OF UNFIT HABITATION:

A.    Removal Required: No owner or operator of a manufactured or mobile home park shall permit a home unit to remain in the park when the home unit has been designated by the health department or building official as unfit for human habitation, for more than fourteen (14) days after notification.

B.    Exception To Requirement: If the owner or operator is prevented from removing the home unit within the fourteen (14) day period of time by an assertion by the tenant of existing state law, then the owner or operator shall be excused from complying with the fourteen (14) day requirement, provided such owner or operator is taking all reasonable legal steps to have the manufactured or mobile home removed as soon as is legally possible under existing state law.

C.    Replacement: Replacement of removed manufactured or mobile homes removed because they have been designated as unfit for human habitation shall be as follows: Home units may be replaced by a manufactured or mobile home of a like or larger size, provided, placement of the new unit conforms with applicable fire codes and mobile home park layout and design standards. (Ord. 816, 1-14-2008)

10-4-17 COMMERCIAL USES:

Commercial uses of the manufactured or mobile home park are prohibited. (Ord. 816, 1-14-2008)

10-4-18 SIGN RESTRICTIONS:

In a manufactured or mobile home park, all commercial signs and advertising devices shall be prohibited except:

A.    Identification Sign: One identification sign that meets the sign requirements of the applicable city zoning and sign ordinances.

B.    Illuminated Signs: Illuminated, nonflashing, directional or identification signs shall be allowed, not to exceed four (4) square feet in area when placed on such structures as office, laundry, hobby shop, etc. (Ord. 816, 1-14-2008)

10-4-19 POULTRY AND LIVESTOCK PROHIBITED:

Poultry and livestock shall not be permitted in any manufactured or mobile home park. (Ord. 816, 1-14-2008)

10-4-20 ENFORCEMENT; RIGHT OF ENTRY FOR INSPECTION:

The city has the right, through its health department, building official, fire chief or police chief, to enforce the provisions of this chapter; and for the purposes of securing enforcement, these officers, or their duly authorized representatives, shall have the right and are empowered to enter upon the premises of any manufactured or mobile home park now or hereafter constructed within the city for the purpose of carrying out the provisions of this chapter. (Ord. 816, 1-14-2008)

10-4-21 VIOLATION; REMEDIES; PERMIT AND LICENSE REVOCATION:

A.    Notice Of Violation; Abatement Time Limit: Whenever inspection by any of the city representatives indicates that any provision of this chapter or any other applicable law is being violated, the city representative shall notify the owner of the park and the owner of any home unit in violation, in writing, of such fact, shall set forth in the notice a description of the violation, and shall further direct that such violation be remedied by commencing to remedy same within seventy two (72) hours of receipt of notice and to continue thereafter diligently and continuously until the violation has been abated.

B.    Failure To Remedy; City Action: After a written notice of a violation has been submitted by the city representative, and the violation has not been remedied within a reasonable time, fourteen (14) days under most circumstances being deemed a reasonable time, or if it appears that any other violations of law exist, then the city may take action to revoke the business license or a complaint may be filed in the municipal court with the general penalty as provided by section 10-4-24 of this chapter. (Ord. 816, 1-14-2008)

10-4-22 PERMIT OR LICENSE REVOCATION; HEARING; NOTICE:

A.    No permit or license shall be revoked until after a hearing before the city council relating to such revocation. Notice of the hearing shall be given, in writing, and served at least fourteen (14) days prior to the date of the hearing thereon, such service to be upon the holder of the permit or his manager or agent, which notice shall state the grounds of complaint against the manager or the holder of the permit or against the manufactured or mobile home park maintained by him, and shall also state the time when, and the place where, the hearing will be held.

B.    In the event the holder of the permit cannot be found or personal service of notice cannot be made, then a copy of the notice shall be mailed, postage fully prepaid, addressed to the holder, at his last known address, at least fourteen (14) days prior to the date of the hearing. (Ord. 816, 1-14-2008)

10-4-23 APPEAL PROCEDURE:

Any person aggrieved by the decision of the building official may, within ten (10) days after mailing notification of such decision, appeal to the city council for a hearing as to the matters in question, whereupon a time for hearing shall be set which shall not be later than thirty (30) days thereafter. At such time, full and complete hearing shall be had before the city council, at which time the city council shall confirm, modify or disapprove the decision. (Ord. 816, 1-14-2008)

10-4-24 PENALTY:

A person who violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 816, 1-14-2008)


1

See subsection 10-1-1A of this title.


2

See subsection 10-1-6A of this title.