§ 13.07. Mobile home parks


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  • 1. Whenever application for a mobile home park is considered, there shall be two (2) public hearings. The first public hearing shall be limited to the application for a Conditional Use Permit and the action by the Commission shall be circumscribed by Section 13.06.07. The second public hearing shall be for the purpose of review of the site plans of the park which are to be prepared in accordance with the Sanitation Code of Saline County, Mobile Home Parks resolution. Action by the Commission shall be to approve, disapprove or approve with conditions as indicated in Section 13.06.08.

    2. Individual approval at one (1) of the two (2) required public hearings does not constitute final approval.

    3. Final approval for mobile home park Conditional Use Permits shall require approval at both public hearings.

    4. The Conditional Use Permit shall be issued with all conditions listed thereon, following the second required public hearing at which approval has been given.

    5. Appeals to actions by the Commission at either public hearing may be made in accordance with Section 13.06.12.

    13.07.01. Permits.

    1. It shall be unlawful for any person to construct or operate any Mobile Home Park or Campground within the unincorporated limits of Saline County, Kansas without first obtaining an Original Permit and a Conditional Use Permit as required in Part 3 of these regulations. The application for an original permit shall be made to the Administrator and shall contain the following:

    A. The name and address of the applicant.

    B. The name of the Mobile Home Park or Campground.

    C. Interest of the applicant in the Mobile Home Park or Campground.

    D. Legal description of the Mobile Home Park or Campground.

    2. The application shall be accompanied by a complete plan of the Park or Campground showing the following:

    A. Name of the Mobile Home Park or Campground.

    B. Legal description of the Park or Campground.

    C. Number, location and size of lots.

    D. Location, width and surfacing of all roads and walks.

    E. Location and size for all buildings, existing or planned.

    F. Location and size of all utilities.

    G. Provisions for approval by Saline County Planning and Zoning Board and the Saline County Health Department.

    H. Such further information as may be requested by the Administrator or Health Officer to determine compliance with legal requirements.

    3. The fee for an original permit for constructing a mobile home park or campground shall be as follows:

    $10.00 each for the first five spaces.

    $5.00 each for the next ten spaces.

    $2.50 each for the next twenty spaces.

    $1.00 each for all over thirty-five spaces.

    4. The owner or operator of a mobile home park or campground existing at the time of passage of this resolution shall file with the Planning and Zoning Board a plot plan showing information required in subsection 13.07.01.2, along with an application for an Annual Permit. The application for an Annual Permit shall indicate any changes or additions that have been made since the last previous inspection. If any changes have been made, a complete plot plan showing all changes shall be submitted with the application. An inspection will be made by the Health Officer and the Administrator. If the inspection shows the park or campground to be in compliance, an Annual Permit will be issued upon payment of a fee. The fee shall be computed at the rate of ten dollars ($10.00) per year for the remainder of the permit year. Subsequent Annual Permits will run from July 1 to June 30. The permit shall be in triplicate with the original copy going to the mobile home park or campground operator and one (1) copy each to the Health Department and the Planning and Zoning Board. If the mobile home park or campground is found to be in violation of these regulations, the Administrator shall notify the operator in writing of the violation(s) and the operator shall be given a reasonable period of time for correction of the violation(s). If conditions or practices are not corrected in the period given, the permit shall be suspended and operation of the mobile home park or campground shall cease. Any person whose permit has been suspended or who has received notice that their permit will be suspended may request and shall be granted a hearing on the matter before the Appeals Board. If no petition for such hearing is filed within fifteen (15) days of the notice of violation such permit shall be deemed to have been automatically revoked at the expiration of such fifteen (15) day period.

    13.07.02. Inspections.

    1. The Health Officer and Administrator are hereby authorized and directed to make a joint annual inspection in June to determine the condition of mobile home parks or campgrounds in the unincorporated area of Saline County, and shall have the power to enter at any reasonable time upon any private or public property for the purpose of investigating conditions relating to the enforcement of this resolution or of regulations promulgated thereunder.

    2. After construction of a Mobile Home Park or Campground, the Health Officer and the Administrator shall make a final joint inspection and approval report before the park or campground is opened for business. The first annual permit will be issued at this time if the park or campground is in compliance with those regulations.

    13.07.03. Location, space and general layout.

    1. The mobile home park or campground shall be located on a well drained site, which shall be so located that its drainage will not endanger any water supply and shall be in conformity with plans approved by the Health Officer and the Administrator.

    2. No mobile home shall be permitted to park closer than 10 feet from the side line of its unit area nor shall it be so parked that it is closer than 20 feet from any other mobile home or building.

    3. Approved tie down anchors shall be provided for all mobile homes.

    4. No mobile homes shall be located closer than 35 feet from the right-of-way of any public street or highway.

    5. Roadways within a mobile home park or campground shall be a minimum of twenty (20) feet in width and no mobile home shall be parked within ten (10) feet of such roadways.

    6. Skirting of mobile homes is permissible but areas enclosed shall not provide harborage for rodents or create a fire hazard.

    13.07.04. Water supply.

    1. An adequate, safe, potable supply of water shall be provided in each mobile home park or campground and shall meet all requirements as set forth by the Kansas State Department of Health. A water sample shall be submitted annually or more often if deemed necessary by the Health Officer.

    2. If an independent source is used, no pumps or machinery shall be located in any space extending below ground level. The well casing shall conform to all Kansas State Board of Health Regulations.

    3. When an independent source is used, there shall be a minimum distance of 100 feet between the water supply and any possible source of contamination.

    4. When a mobile home park has five or more mobile homes supplied by an independent source of water, such water must be chlorinated by a system approved by the Health Officer and samples shall be submitted for bacteriological examination each month by the mobile home park operator.

    5. Each mobile home space shall have an individual water connection at an approved location. This connection shall consist of a riser terminating at least four (4) inches above the ground surface with two (2) valved outlets, one (1) for connection to the mobile home and one (1) for fire control. Shut off valves located below freezing level are advised.

    13.07.05. Sewage disposal.

    1. All plumbing in the mobile home park or campground shall comply with state and local plumbing laws and regulations.

    2. Mobile home parks or campgrounds shall be served by a public sewer system where available or by private disposal system approved by the Health Officer.

    3. Dumping facilities shall be provided for use by transient mobile homes or campers using the mobile home park or campground.

    4. Each mobile home space shall be provided with an eighteen (18) inch square concrete slab, at least four (4) inches thick, through which shall extend vertically, at least four (4) inches above the slab, a three (3) inch cast iron pipe so threaded as to furnish a watertight sewer connection and such connection shall be closed with a screw-type cap or plug when not in use. In cases where it is to the advantage of the sewage disposal system, a 45 degree elbow may be used in conjunction with the vertical three (3) inch threaded cast iron pipe. If used, this elbow must also be threaded for the water-tight sewer connection and kept closed with a screw-type cap or plug when not in use.

    5. The disposal facilities shall be located where they will not create a nuisance or health hazard to the mobile home park or to the owner or occupants of any adjacent property and such facilities shall conform to the Kansas State Board of Health regulations.

    13.07.06. Refuse and garbage disposal.

    1. The storage, collection, and disposal of refuse and garbage in the mobile home park shall be so managed as to create no health hazards, rodent harborage, insect-breeding areas, accident or fire hazards, unsightly conditions or air pollution.

    2. All refuse and garbage shall be stored in fly-tight, water-tight, rodent proof containers, which shall be located not more than one hundred fifty (150) feet from any mobile home space. Containers shall be provided in sufficient number and capacity to properly store all refuse and garbage.

    3. Racks or holders shall be provided for all refuse and garbage containers. Such container racks or holders shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning around them.

    4. All refuse and garbage shall be collected at least once weekly. Where suitable collection service is not available from municipal or private agencies the operator shall provide this service. All refuse and garbage shall be collected and transported in covered vehicles or covered containers and disposed of in approved disposal sites. No refuse or garbage shall be burned.

    13.07.07. Insect and rodent control. The mobile home park or campground area shall be kept free of rubbish and weeds and shall be maintained in a sanitary condition at all times. All harborage places for rodents and all breeding places for flies, mosquitoes and other insects shall be eliminated or effectively treated.

    13.07.08. Electricity. An electrical outlet supplying at least 115 volts shall be provided for each mobile home space. The installation shall comply with all applicable State and local electrical codes and resolutions. Such electrical outlets shall be grounded and weatherproofed. No main power supply line shall be permitted to lie on the ground or to be suspended less than eighteen (18) feet above the ground. All mobile homes shall be adequately grounded.

    13.07.09. Fuel.

    1. All piping from outside fuel storage tanks or cylinders to mobile homes shall be copper and other acceptable metallic tubing and shall be permanently installed and securely fastened in place. All fuel storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath the mobile home or less than five (5) feet from any mobile home exit or in areas exposed to traffic.

    2. If natural gas is available, it may be used if the piping, outlets and connections all conform to safety regulations approved by the State Fire Marshal of Kansas.

    13.07.10. [Fire] protection.

    1. Every mobile home park shall be equipped with at least one (1) approved fire extinguisher in good working order for every five (5) units or fraction thereof. Approved means a minimum of 2A-20BC dry chemical extinguisher or equivalent.

    13.07.11. Restrictions on animals and pets.

    1. No dogs, cats, or other pets shall be permitted to run at large within the mobile home park or campground.

    2. All animals must be properly vaccinated.

    13.07.12. Service buildings.

    1. If a mobile home park is to accommodate dependent mobile homes, it must be provided with proper service buildings. One such building is to be constructed for each ten (10) dependent homes or fraction thereof. Each service building shall:

    A. Be located fifteen (15) feet or more from any mobile home space and not more than two hundred (200) feet from any dependent mobile home space.

    B. Be of permanent construction of moisture-resistant material to permit frequent washing and cleaning, adequately lighted and have adequate heating facilities to maintain a temperature of at least 70 F. during cold weather and to supply adequate hot water during time of peak demands.

    C. Have all rooms well ventilated, with all openings effectively screened against flies.

    D. Provide separate compartments for each shower and water closet and have a sound-resistant wall to separate male and female toilet facilities.

    E. The toilet facilities for each service building shall consist of not less than two (2) flush-type water closets, one (1) shower and one (1) lavatory for females and two (2) flush-type water closets (or one (1) flush-type water closet and one (1) flush type urinal), one (1) shower and one (1) lavatory for males.

    F. Have any electrical equipment used in the service buildings, including wall outlets and light switches, adequately grounded.

    G. If a mobile home park is to provide laundry facilities, such facilities may be built as a part of the service building but shall be in a separate room.

    13.07.13. Environmental, open space and access requirements.

    1. General requirements. Entire area shall be well drained and all exposed ground surfaces shall be covered with surfacing material or vegetative growth to eliminate dust and prevent erosion.

    2. Park areas for non-residential use.

    A. No part of any mobile home park shall be used for non-residential purposes, except such uses that are required for management and maintenance of the park.

    B. All parks accommodating or designed to accommodate twenty-five (25) or more mobile homes shall provide a minimum of 2500 square feet of recreation area and an additional 100 square feet for each mobile home over 25.

    3. Required off-street parking.

    A. Off-street parking areas shall be provided for the use of park occupants and guests. Such areas shall be furnished at the rate of at least two (2) spaces for each mobile home lot.

    B. Parking spaces shall be located to provide convenient access to the mobile home but shall not be more than 200 feet from the mobile home it is to serve.

    13.07.14. Registration and communicable disease reporting.

    1. Every mobile home park owner or operator shall maintain a register containing a record of all transient mobile homes and occupants using the park. Such register shall be available to any authorized person inspecting the park and shall be preserved for a period of three (3) years. Such register shall contain:

    A. Name and address of all mobile home occupants stopping at the park.

    B. Make, model and license number of motor vehicles and mobile home.

    C. State, territory or county issuing mobile home license.

    D. Dates of arrival and departure of mobile home.

    E. Whether each mobile home is dependent or independent.

    2. Every owner, operator, attendant, or other person operating a mobile home park shall notify the local Health Officer immediately of any suspected communicable or contagious disease within the mobile home park. In the case of diseases diagnosed by a physician as quarantinable, the departure of a mobile home or it's occupants, or the removal therefrom of clothing or other articles exposed to infection is prohibited without approval of the Health Officer.

    3. The person to whom a permit for a mobile home park is issued shall at all times operate the park in compliance with this resolution and regulations issued thereunder and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair, and in a clean and sanitary condition at all times.

    4. Every operator, attendant, or other person (including owner if on premises regularly) operating a mobile home park shall show satisfactory evidence of freedom from tuberculosis by a negative chest X-ray or negative tuberculin skin test once yearly.

    13.07.15. Penalties. Any violation of any provision of this resolution shall be deemed to be a misdemeanor and punishable by a fine of not to exceed two hundred dollars ($200.00) for each offense and that each day's violation shall constitute a separate offense, and the County Commissioners shall have the authority to maintain suits or actions in any court of competent jurisdiction to enforce the regulations adopted in accordance with the terms of this resolution and to abate nuisances maintained in violation thereof.

    13.07.16. Notices, hearings and orders. Whenever the Administrator or Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this resolution, or of any regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person to whom the permit was issued, as hereinafter provided:

    Such notice shall:

    1. Be in writing;

    2. Include a statement of the reasons for its issuance;

    3. Allow a reasonable time for the performance of any act it requires;

    4. Be served upon the owner or his agent as the case may require; provided: that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his last known address; or when he has been served with such notice by any other method authorized or required by the laws of this State;

    5. Contain an outline of remedial action, which if taken, will effect compliance with the provisions adopted pursuant thereto.

    Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Resolution, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Appeals Board, provided that such person shall file in the office of the Administrator a written petition requesting, such hearing and setting forth a brief statement of the grounds therefor within fifteen (15) days after the day the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under Section 13.04.01.C of the Zoning Resolution. Upon receipt of such petition, the Administrator shall set a time and place for such hearing, [and] the petitioners shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than fifteen (15) days after the day on which the petition was filed; provided that upon application of the petitioner, the Administrator may postpone the date of the hearing for a reasonable time beyond such fifteen (15) day period when in his judgement the petitioner has submitted good and sufficient reasons for such postponement.

    After such hearing, the Administrator shall make findings as to compliance with the provisions of this resolution, and regulations issued thereunder and shall issue an order in writing sustaining, modifying or withdrawing the notice which shall be served as provided in Section 13.07.16, Zoning Resolution. Upon a failure to comply with any order sustaining or modifying a notice, the permit of the mobile home park affected by the order shall be revoked.

    The proceedings at such a hearing, including the findings and decision of the Appeals Board, and together with a copy of every notice and order related thereto shall be entered as a matter of public record in the office of the Appeals Board, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this Section. Any person aggrieved by the decision of the Appeals Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this State.

    Whenever the Administrator finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of the permit. Notwithstanding any other provisions of this resolution, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition within two (2) working days. The provisions of Section 13.07.16, Zoning Resolution shall be applicable to such hearing and the other [order] issued thereafter.