Chapter 15.15


Article I. General Provisions

15.15.010    Purpose.

15.15.020    Definitions.

15.15.030    Unoccupied units.

15.15.040    Application of building codes.

Article II. Mobile Home Parks

15.15.050    Compliance required.

15.15.060    Minimum standards.

15.15.070    Conformity to the comprehensive plan.

15.15.080    Design standards.

15.15.090    Park administration.

15.15.100    Site and development plan.

15.15.110    Conditions of plan approval.

15.15.120    Decision upon development plan.

15.15.130    Appeal to the city council.

15.15.140    Mobile home park license.

Article III. Recreational Vehicle Parks

15.15.150    Construction.

15.15.160    Certificate and city license required.

15.15.170    Service buildings.

15.15.180    Accommodation of handicapped.

15.15.190    Park administration.

Article IV. Regulations and Fees

15.15.200    Supervision of placement.

15.15.210    Accumulation of debris.

15.15.220    Connection to city water and sewer.

15.15.230    Fire regulations.

15.15.240    Outside hazards.

15.15.250    Fire extinguishers.

15.15.260    Mail boxes.

15.15.270    Presence of management.

15.15.280    Electrical connections.

15.15.290    Signs.

15.15.300    Fire hydrants.

15.15.310    Inspections.

15.15.320    Variances.

15.15.330    Prohibitions.

15.15.340    Preexisting parks.

15.15.350    Civil relief.

15.15.360    Fees for mobile home parks and recreational vehicle parks.

15.15.370    Interpretation.

Article I. General Provisions

15.15.010 Purpose.

The council declares that the purpose of this chapter is to regulate and provide for the proper development of mobile homes and recreational vehicle parks, and assure the general safety, health, and welfare of the people of Toppenish. (Ord. 2004-6 § 1, 2004).

15.15.020 Definitions.

For the purpose of this chapter, certain words and terms are defined as follows:

1. “Accessory” means any structural addition to a mobile home, including awnings, carports, cabanas, porches, ramadas, and similar structures.

2. “Arterial street” means a street used primarily for through traffic.

3. “Awning” means an accessory shade supported by posts or columns and partially supported by a mobile home.

4. “Building line” means a line on a plat indicating the limit beyond which buildings or structures may not be erected.

5. “Cabana” means a room enclosure erected or constructed adjacent to a mobile home for use as an addition to the mobile home.

6. “Carport” means a type of awning or shade structure for a vehicle or vehicles which may be freestanding or partially supported by a mobile home.

7. “Collector” means a street supplementary to the arterial street system and a means of intercommunication between this system and smaller areas, used to some extent for through traffic and to some extent for access to abutting properties.

8. “Common area” means any area or space designed for joint use of tenants occupying mobile home developments. It is not to include off-street parking areas.

9. “Comprehensive plan” means a plan adopted by the planning commission and the city council as a guide to the growth and improvement of the city, including modifications or refinements which may be made from time to time.

10. “Corner lot” means a lot at least two adjacent sides of which abut streets other than alleys, provided the angle of intersection of the adjacent streets does not exceed 135 degrees.

11. “Cul-de-sac” or “dead-end street” means a minor street with only one outlet.

12. “Curb line” means the line dividing the roadway from the planting strip or footway.

13. “Density” means the number of mobile homes or mobile home spaces per gross acre.

14. “Design” means the design of any street or alley alignments, grade or width, alignment of width of easements and rights-of-way for drainage or irrigation purposes and sanitary facilities, and lot area, width or layout.

15. “Double frontage lot” means a lot having frontage on two parallel or approximately parallel streets.

16. “Double-wide mobile home” consists of two coach units constructed on two separate chassis that are combined horizontally at the site to complete the living unit.

17. “Driveway” means a minor private way used by vehicles and pedestrians on a mobile home lot or for common access to a small group of lots or common facilities.

18. “Easement” means a grant of the right to use a strip of land for specific purposes.

19. “Expando” means a room or rooms that folds, collapses, or telescopes into a mobile home during transport and which can be expanded at the site to provide additional living space.

20. “License” means a certificate for operation issued by the city of Toppenish pursuant to this chapter.

21. “Local street” means a street primarily for access of abutting properties.

22. “Lot area” means the total area reserved for exclusive use of the occupants of a mobile home.

23. “Lot line” means a line bounding the lot as shown on the accepted lot plan.

24. “Mobile home” means a portable residence, office, or structure constructed on a chassis that may or may not meet the Uniform Building Code standards for a given occupancy and is transportable on public highway on its own running gear. The minimum length for a mobile home is 32 feet, and the minimum width is eight feet or any equivalent dimension.

25. “Mobile home community” means a mobile home development and related utilities and facilities, including the mobile homes and all of the people living within the development.

26. “Mobile home lot” means a parcel of land for the placement of a mobile home and the exclusive use of its occupants.

27. “Mobile home park” means a place where four or more mobile homes are located within 500 feet of one another on a lot, tract, or parcel of land under the same ownership.

28. “Mobile home space” means that part of an individual lot or parcel reserved for the placement of a mobile home.

29. “Motor home” means a self-propelled recreation vehicle that is not used as a permanent residence and does not exceed 32 feet in length.

30. “Occupied area” means that area of an individual mobile home lot which has been covered by a mobile home and its accessory structures.

31. “Official map” means the map or maps upon which the zone locations in the city are indicated in detail and with exactness, so as to furnish the basis for property acquisition or building restrictions.

32. Open Spaces. See “Common area.”

33. “Owner” means the individual, firm, association, syndicate, partnership, corporation or other entity having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop same under these regulations.

34. “Pedestrian way” means a right-of-way for pedestrian traffic.

35. “Person” means any individual, firm, partnership, corporation, company, association, syndicate, or any legal entity, and including any trustees, receiver, assignee, or other similar representative thereof.

36. “Porch” means an outside walking area, the floor of which is elevated more than eight inches from the ground.

37. “Ramada” means a freestanding roof or shade structure installed above the roof of a mobile home that provides protection from rain, snow, sun, or other forms of inclement weather.

38. “Recreational vehicle park” means a lot or tract where the primary use is the parking, on a free or otherwise basis, of occupied motor homes, truck campers, travel trailers, or other recreational vehicles.

39. “Residential trailer” means a portable residence that is transportable on public highways by permanently attached axles, the dimensions of which do not exceed 32 feet in length, or eight feet in width, or any equivalent dimension combination.

40. “Reversed corner lot” means a corner lot where the street side line is substantially a continuation of the front lot line of the first lot to its rear.

41. “Right-of-way” means the area between boundary lines of a street or other easement.

42. “Single-wide mobile home” means one complete unit constructed on a single chassis.

43. “Tiedowns” means strapping or cables attached to the mobile home and connected to anchors embedded in the ground which secure a mobile home from damage and movement during high winds.

44. “Travel trailer” means a recreation vehicle that is not used as a permanent residence, is transportable on public highways by permanently attached axles, and does not exceed 32 feet in length, or eight feet in width, or any equivalent dimension combination.

45. “Truck camper” means a recreation vehicle, camper, or canopy that fits onto the bed of a pickup or flat-bed truck, and that is not used as a permanent residence.

46. “Vehicle site” means the area or place used for parking occupied residential trailers or recreational vehicles, and may include sewer, water, gas or electrical hookups. Places used to store unoccupied recreational vehicles are not considered to be recreational vehicle sites. (Ord. 2004-6 § 1, 2004).

15.15.030 Unoccupied units.

Nothing in this chapter shall prevent the parking of a single unoccupied trailer, camp trailer, camperette and all other vehicles not in daily use, upon the premises of the owner thereof in setback areas other than the front yard setback areas, except in parks where a specific area has been designated for that use. (Ord. 2004-6 § 1, 2004).

15.15.040 Application of building codes.

All structures except a mobile home, residential trailer, or travel trailer, as defined in this chapter, including but not limited to the required storage or service buildings, ramada, carport, awning, patio cover, and cabana, shall comply with all codes and ordinances which apply to buildings or structures. (Ord. 2004-6 § 1, 2004).

Article II. Mobile Home Parks

15.15.050 Compliance required.

No land within the city shall be developed for use as a mobile home park and no plan for a park shall be filed or recorded until submitted to and approved by the planning commission and the city council. (Ord. 2004-6 § 1, 2004).

15.15.060 Minimum standards.

The requirements and standards set forth in this chapter are the minimum ones to which a mobile home park must conform before approval by the commission and the council. (Ord. 2004-6 § 1, 2004).

15.15.070 Conformity to the comprehensive plan.

The mobile home park development shall conform to and be in harmony with the city of Toppenish comprehensive plan of that portion of the city within which the development is located. (Ord. 2004-6 § 1, 2004).

15.15.080 Design standards.

The following standards and requirements shall govern the application of a mobile home park development in an area in which it is permitted:

A. A mobile home park shall not be less than three acres in area.

B. No building, structure or land within the boundaries of a mobile home park shall be used for any purpose except for the uses permitted as follows:

1. Mobile homes for residential uses only, together with the normal accessory uses as cabana, ramada, patio slab, carport or garage, and a storage or washroom building;

2. Private and public utilities and services by special permit from the public works director;

3. Community recreation facilities, including swimming pools, for residents of the park and guests only;

4. One residence for the use of a caretaker or a manager responsible for maintaining or operating the property.

C. All mobile homes shall be located at least 20 feet from the property boundary line abutting upon a public street or highway and at least 10 feet from the other boundary lines, except that when a sound-deadening fireproof barrier, as an earthen berm or brick wall, is provided, the commission may allow the 10-foot setback to be reduced to five feet, but not the 20-foot setback.

D. Mobile homes shall not be located closer than 15 feet from any other mobile home or permanent building within the mobile home park, nor closer than 10 feet to any park roadway, street, or way. Mobile home accessory buildings, when not attached to the mobile home, shall not be closer than three feet from any mobile home or structure.

E. Ramadas, cabanas, awnings, carports, and other attached structures shall be considered part of the unit for setback purposes.

F. No more than seven residential units shall be located per gross acre, except that the commission may vary this density as follows:

1. If dedicated open space equals 50 percent or more of the total area of the park, a maximum 10 percent increase in units per acre may be granted.

2. If, in addition to subsection (F)(1) of this section, a maintained playground area with approved equipment, such as goal posts, swings, slides, etc., is provided, the maximum increase in units per acre may be increased an additional five percent.

3. If, in addition to subsections (F)(1) and (2) of this section, an approved recreation/community building is provided, an additional 10 percent increase of units/acres may be allowed (maximum total increase possible is 25 percent).

G. All mobile homes shall be provided with a foundation stand, which shall be improved to provide adequate support for the placement and tiedown of the mobile home. The stand shall be all-weather surfaced with asphalt or concrete, and must be at least as large as the mobile home placed on it. The stand shall be constructed so that it will not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, wind or other forces acting on the structure. Each stand design shall be approved by the city building official.

H. All mobile homes shall be tied down, thereby securing the structure against uplift, sliding, rotation, and overturning. Anchors and tiedowns such as cast-in-place concrete “deadmen,” eyelets embedded in concrete slabs or runways, screw augers, arrowhead anchors, or other devices to be used to stabilize the mobile home shall be at each corner of the mobile home and shall be able to sustain a minimum load of 48,000 pounds each.

I. All mobile homes shall be required to provide minimum exterior furnishing and construction of accessories as follows:

1. Before occupancy, all mobile homes shall have skirting of a noncombustible material or fire-retardant wood, which must be maintained.

2. Pedestals or supports shall be installed to ensure adequate support for all mobile homes.

3. All awnings, carports, cabanas, etc., constructed shall be of materials, size, color, and pattern so as to be compatible with the mobile home and shall comply with the city’s building code.

J. A mobile home shall not be established on a site that does not have at least a 45-foot-wide frontage on a mobile home park street.

K. All mobile home parks over 10 acres in size shall be located so as to have access on a street designated by the city as a collector street.

L. Two off-street parking spaces shall be provided at each mobile home site. All off-street parking spaces are to be asphalt or concrete surfaces.

M. Adequate street lighting shall be provided within the park, including one 21,000 lumen overhead light at the entrance(s) to the park and one outdoor post lamp per stand, and two post lamps for each corner stand; garbage containers shall be approved by the director of public works.

N. All utilities shall be installed underground.

O. If a master TV cable is installed, the owner of the park shall see that a coordinated plan is prepared and executed to provide service to all lots and a guarantee is obtained from the cable company to ensure its proper functioning.

P. Buffering or screening shall be sight-obscuring fence, wall, evergreen or other suitable planting at least five feet high, and not more than six feet, except where necessary to comply with other ordinances.

Q. A swimming pool shall be set back at least 50 feet from the nearest residential area and will have a fence surrounding it five feet high minimum which does not obscure vision into the pool area. Rescue devices such as buoyant rings, poles, etc., shall be provided and easily accessible.

R. There shall be landscaping within the front and side setback area, and in all open areas of the mobile home park not otherwise used for mobile home park purposes. The method of landscaping shall be included in the park plan for approval by the planning commission. Prominent aspects such as rock outcroppings, trees over five inches or more in diameter, and other natural landscaping features are encouraged to be worked into the landscaping plan. The maintenance of the open spaces is necessary to continued renewals of the park license.

S. At least two vehicular exits shall be provided in every mobile home park.

T. Although it will not be necessary for vehicular ways to be improved and maintained to “city street standards,” all vehicular ways shall be adequately based, graded and paved with asphaltic concrete and provided with curb and gutter. Street improvements must be completed within one year of plan approval or in conformance with a plan accepted for improvement in the case of a park to be completed in phases. Minimum park street improvement widths shall be 30 feet. (Ord. 2004-6 § 1, 2004).

15.15.090 Park administration.

A. It shall be the responsibility of the park owners and manager to see that the provisions of this chapter are observed and maintained within their park, and for failure to do so the owner and manager shall be subject to the penalties provided for violation of this chapter.

B. Mobile home park spaces shall be rented or leased by the month or year only.

C. There shall be no occupancy (a certificate of occupancy is required) unless all stands and streets, curbs and gutters adjacent to the areas occupied are improved to the city specifications herein provided. (Ord. 2004-6 § 1, 2004).

15.15.100 Site and development plan.

A. All applications submitted for approval of a mobile home park development shall consist of five copies of a development plan. Such plan shall be submitted at least seven days before the meeting at which they will be reviewed and shall contain but not be limited to the following information:

1. Name of person who prepared plan;

2. Name(s) of persons owning and/or controlling the land proposed for a park;

3. Name of mobile home park and address;

4. Scale and north point of the plan;

5. Boundaries and dimensions of the mobile home park;

6. Vicinity map showing relationship of mobile home park to adjacent properties and surrounding zoning;

7. Location and dimensions of each mobile home site, with each site designated by number, letter, or name;

8. Location and dimensions of each existing or proposed building;

9. Location and width of mobile home park streets and pedestrian ways;

10. Location of each lighting fixture for the lighting of park;

11. Location of recreational areas and buildings and common area;

12. Location and type of landscaping plantings, fences, walls, or combination of any of these, or other screening materials;

13. Extent, location, arrangement and proposed improvements of all off-street parking and loading facilities;

14. Location of available fire hydrants;

15. Enlarged plot plan of a typical mobile home space showing location of the stand, storage, space, parking, sidewalk, utility connections and landscaping;

16. The plan shall indicate positions of the mobile homes on their stands, so that the commission may determine entrances, setbacks, etc.;

17. The plan shall show the topography of the park site with contour intervals of not more than five feet, except that the building official or city manager may require closer contour intervals; and

18. A drainage plan.

B. At the time of application to construct a new mobile home park, the applicant shall submit, in addition to the above, and as part of the development plan, four copies of the following plans:

1. A survey and plat of the property;

2. New structures;

3. Public water systems approved by the director of public works and fire chief;

4. Methods of sewage disposal approved by the director of public works; and

5. Method of garbage disposal approved by the director of public works. (Ord. 2004-6 § 1, 2004).

15.15.110 Conditions of plan approval.

If it appears to the planning commission or the council that, for the protection of public health, safety and welfare, the economic stability of the city, or the property utilization of land resources, it is necessary or prudent to deny approval of a development plan for a mobile home park, such denial shall be made until specified conditions are met by the developer or by the landowners involved in the development. (Ord. 2004-6 § 1, 2004).

15.15.120 Decision upon development plan.

A. After reviewing the development plan, the commission shall hold a public hearing after at least 10 days’ published notice in the official Toppenish newspaper, and shall:

1. Reject the plan, providing the developer with a list of its reasons for taking such action;

2. Deny or withhold approval subject to specified conditions, providing the developer with a list thereof; or

3. Accept and approve the development by signing a statement of approval on the finished plan for acceptance and approval by the council.

B. Approval will expire in one year unless the plan is substantially implemented. (Ord. 2004-6 § 1, 2004).

15.15.130 Appeal to the city council.

Any landowner or developer or any interested person may appeal a decision of the commission to the city council. An appeal must be filed with the city manager within 30 days of mailing of the decision of the commission. (Ord. 2004-6 § 1, 2004).

15.15.140 Mobile home park license.

A. Signed approved copies of the development plan and all components thereof shall be forwarded to the city clerk-treasurer and city building official.

B. No license for occupancy of any mobile home park or building or facility shall be issued by the city building official until such time as the development has been completed according to the finished plan approved by the planning commission and the council. Deviations from the approved plan must be submitted to the commission and the council for approval as revisions of the plan.

C. No use or occupancy of any mobile home park or building or facility covered hereunder will be allowed until the license is issued.

D. Licenses issued hereunder shall be valid for a period of one year unless a shorter or longer time is noted and approved by the commission and the council on the signed approved copies of the development plan.

E. Licenses shall not be granted for such a park in an R1, R2, B1 or M2 zone. (Ord. 2004-6 § 1, 2004).

Article III. Recreational Vehicle Parks

15.15.150 Construction.

All recreational vehicle parks shall conform to TMC 15.15.050, 15.15.060, 15.15.070, 15.15.080(C), (D), (E), (F), (H), (K), (L), (N), (O), (P), (Q), (R), (S), and (T); 15.15.090, 15.15.100, 15.15.110, 15.15.120, 15.15.130, and 15.15.140.

Recreational vehicle parks shall be designed in a similar fashion to mobile home parks with modifications to lot design to accommodate recreation vehicles instead of mobile homes. For this purpose, recreational vehicle parks shall also provide:

A. Sinks, shower, and toilets as provided below:

1 – 10 units














For each additional
10 units






Urinals may be substituted partially for toilet requirements above but not more than 1/3 of total.




Showers or bathtubs



B. Sanitary dumping stations shall be in accordance with state regulations. There shall be a minimum of one station per 100 spaces and be located at least 100 feet from any residential area.

C. Minimum recreational vehicle park size shall be two acres, and maximum size shall be 10 acres.

D. The maximum density of recreational vehicle units per acre shall not exceed 20. (Ord. 2004-6 § 1, 2004).

15.15.160 Certificate and city license required.

A. The provisions of TMC 15.15.050 through 15.15.140 relating to mobile home parks licenses shall apply to recreational vehicle parks.

B. No recreational vehicle park shall be operated in the city without a certificate of sanitation provided by the director of public works.

C. No recreational vehicle park shall be operated in the city without a license issued by the city clerk-treasurer and city building official. This license is a separate and distinct document and not a mobile home park license. (Ord. 2004-6 § 1, 2004).

15.15.170 Service buildings.

Service buildings housing sanitation facilities shall be permanent structures, complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems. Such buildings shall be maintained in a sanitary and orderly condition. Buildings shall have adequate ventilation, screening and lighting. Also, the buildings shall be maintained at a minimum temperature of 68 degrees unless written exception is granted by the building official. (Ord. 2004-6 § 1, 2004).

15.15.180 Accommodation of handicapped.

Provision shall be made to provide sanitation facilities accessible to paraplegics or persons confined to wheelchairs. Stalls shall be wide enough to permit entrance and shall be provided with assist bars. Ramps shall be provided over curbs. Such facilities shall be clearly marked and signed. The number of facilities shall be determined by the commission at the time of application and be dependent on the size and type of park proposed. (Ord. 2004-6 § 1, 2004).

15.15.190 Park administration.

A. It shall be the responsibility of the park owners and manager to see that provisions of this chapter are observed and all service buildings, community facilities, accessways and roads, walkways, and public parking areas are maintained, and for failure to do so the owners and manager shall be subject to the penalties provided for violation of this chapter.

B. Recreational vehicle park spaces shall be rented by the day or week only, with the maximum length of stay not to exceed three months.

C. An accurate registration book shall be maintained containing the names and home addresses of all residents, along with the lot number or street address and dates of entry and departure from the park. Such register shall be available to any city official inspecting the recreational vehicle park.

D. A minimum of 25 spaces must be available for occupancy before first occupancy is permitted. (Ord. 2004-6 § 1, 2004).

Article IV. Regulations and Fees

15.15.200 Supervision of placement.

The management shall supervise the placements in a mobile home park of each mobile home on its stand, which shall include securing its stability and installation of all utility connections. (Ord. 2004-6 § 1, 2004).

15.15.210 Accumulation of debris.

All mobile homes and recreational vehicle parks shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests. All units shall have adequate garbage container(s) as determined by the public works director. (Ord. 2004-6 § 1, 2004).

15.15.220 Connection to city water and sewer.

All mobile homes, service buildings, etc., shall be connected to the city sewer and water systems in a manner that provides these services to the same degree as other residents of the city. (Ord. 2004-6 § 1, 2004).

15.15.230 Fire regulations.

A. Burning of refuse will not be permitted except in an approved device at a designated site as directed by the Toppenish fire department.

B. Fire protection requirements for mobile homes shall be the same as for a Group 1 occupancy under the Uniform Building Code as regards fire detection devices. These devices are the responsibility of the mobile home owner.

C. Storage of putrescible, combustible, or other unhealthy or unsafe materials inside or beneath any mobile home is not permitted, but may be allowed in an outside accessory building if such installation is approved by the city building official. (Ord. 2004-6 § 1, 2004).

15.15.240 Outside hazards.

Care shall be taken to maintain the park free of dry brush, leaves and weeds which might communicate fires between mobile homes and other buildings in the park. (Ord. 2004-6 § 1, 2004).

15.15.250 Fire extinguishers.

Portable fire extinguishers rated for Classes B and C shall be kept in service buildings and at other locations conveniently and readily accessible for use by all occupants and be maintained in good operating condition. Their UL or factor mutual rating shall not be less than six. (Ord. 2004-6 § 1, 2004).

15.15.260 Mail boxes.

The owner or operator of a mobile home park shall provide individual mail boxes or distribution facilities for incoming mail, and shall provide at least one collection box for outgoing mail. (Ord. 2004-6 § 1, 2004).

15.15.270 Presence of management.

Either the owner, an operator or resident manager shall be available on the premises while it is open for use. Such person shall be responsible for the direct management of the mobile home park or recreational vehicle park. (Ord. 2004-6 § 1, 2004).

15.15.280 Electrical connections.

All electrical connections shall comply with the State Electrical Code and be duly inspected. (Ord. 2004-6 § 1, 2004).

15.15.290 Signs.

All signs within the park shall be located so as not to be hazardous to passersby. Maximum size is to be 30 square feet. Sufficient signs for proper traffic direction shall be permitted. Signs advertising the park must comply with the city’s sign ordinance. (Ord. 2004-6 § 1, 2004).

15.15.300 Fire hydrants.

Approved fire hydrants shall be installed so that all mobile homes, recreational vehicles and other structures are within 300 feet of an approved fire hydrant. (Ord. 2004-6 § 1, 2004).

15.15.310 Inspections.

The building official shall check each park a minimum of once a year and submit to the park owner and manager a written report stating whether or not the park is in compliance. If not in compliance, the owner must make whatever repairs are required before a license or license renewal for the park will be issued. An extension of time to make repairs may be allowed by the commission if it can be shown that risk to the public health, safety or welfare will not be created by this extension, for a period not to exceed one year, by the granting of a temporary emergency license. (Ord. 2004-6 § 1, 2004).

15.15.320 Variances.

Any owner of a mobile home park or recreational vehicle park may apply to the planning commission for a variance of the requirements of this chapter. Application will be made on forms provided by the city manager or city building official, and will be accompanied by a fee established by resolution of the city council, as amended from time to time, and a site plan of the variance requested. A public hearing on the application will be held by the commission within 60 days of receipt of the completed application. Variances from the provisions of this chapter will be granted if the following criteria are met:

A. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same area, and result from topography or other circumstances over which the applicant has no control;

B. The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same zone or vicinity possess;

C. The variance would not be materially detrimental to the purposes of this chapter or to property in the vicinity zone in which the property is located or otherwise conflict with the objectives of any city plan or policy;

D. The variance requested is the minimum variance which would alleviate the hardship.

Decision of the commission shall be final unless appealed to the city council within 30 days of the mailing of the notification of commission’s decision. (Ord. 2017-01 § 1, 2017; Ord. 2004-6 § 1, 2004).

15.15.330 Prohibitions.

No person, firm, corporation, or other entity shall develop, construct, use, transfer, sell, operate, repair, or alter any mobile home park or recreational vehicle park in violation of this chapter. (Ord. 2004-6 § 1, 2004).

15.15.340 Preexisting parks.

(Nonconforming use – Reserved). (Ord. 2004-6 § 1, 2004).

15.15.350 Civil relief.

When any mobile home park or recreational vehicle park or any property contained within such park is or is proposed to be developed, used or altered in violation to this chapter, the city council, city manager, or any person whose interest in real property is or may be affected by the violation may, in addition to other remedies provided by law, institute proceedings to prevent, temporarily or permanently enjoin, abate or set aside such use, construction, development, transfer, sale, operation, repair or alteration. (Ord. 2004-6 § 1, 2004).

15.15.360 Fees for mobile home parks and recreational vehicle parks.

A. Mobile Home Parks. The annual license fee, payable upon application and not refundable, shall be as established by resolution of the city council, as amended from time to time.

B. Recreational Vehicle Parks. The annual fee payable upon application and not refundable shall be as established by resolution of the city council, as amended from time to time.

C. Effective Date. The effective date for the fees shall be upon immediate effect of the ordinance codified in this chapter for any new park; for parks existing at the effective date of the ordinance codified in this chapter, license application and fees shall be due July 1, 1982. (Ord. 2017-01 § 1, 2017; Ord. 2004-6 § 1, 2004).

15.15.370 Interpretation.

The provisions of this chapter shall be liberally construed to effect the purposes of this chapter. These provisions are declared to be the minimum requirements necessary to accomplish those purposes, and where conditions herein imposed are less restrictive than comparative conditions imposed by any other provision of this chapter, by provision of any other city or state ordinance, resolution or regulation, then the more restrictive shall govern. (Ord. 2004-6 § 1, 2004).