It is hereby found that to protect and promote the public health, convenience, safety and welfare, and to preserve the appropriate character of each area within the sound principles of the zoning ordinance, it is necessary to provide for the regulation and licensing of mobile homes and mobile home parks within the city.

(Code 2019)

The following words and phrases when used in this article shall have the meanings respectively ascribed to them in this section:

(a)   Licensee - Any person licensed to operate and maintain a mobile home park, under the provisions of this article.

(b)   Mobile Home - Any vehicle used or designed to permit being used as a conveyance upon the public streets and highways, and constructed in such a manner as will permit occupancy thereof for habitation or sleeping purposes by one or more persons, whether or not it is capable of being moved by its own power, or towed, or transported by another vehicle, and regardless of whether such vehicle is dismounted from its wheels.

(c)   Mobile Home Park - Any area, tract, site or plat of land whereupon two or more mobile homes as herein defined, are placed, located or maintained or intended to be placed, located or maintained for dwelling purposes.

(d)   Mobile Home Space - Any plot of ground within a mobile home park designated for the accommodation of one mobile home as herein defined.

(e)   Natural or Artificial Barrier - Any street, river, pond, canal, railroad, levee, embankment or screening by appropriate fence or hedge.

(f)   Person - Any natural individual, firm trust, partnership, association or corporation.

(Code 2019)

The provisions of this article shall be applicable to every mobile home park and to every mobile home located outside a mobile home park but within the incorporated area of the city.

(Code 2019)

It shall be unlawful for any person to establish, maintain, operate or permit to be established, maintained or operated, any mobile home park within the corporate limits of the city without first having secured a license therefor, in the manner provided in this article.

(Code 2019)

Application for a mobile home park license shall be filed at the office of the city clerk, shall be in writing, and on forms provided by the city. Every such application shall be signed by the owner and include the following:

(a)   The name and address of the applicant;

(b)   The location and legal description of the mobile home park;

(c)   A complete plan of the mobile home park in conformity with all the requirements of this article;

(d)   Plans and specifications of all buildings, improvements and other facilities such as electrical wiring, water service pipes, gas service pipes and sewer service pipes, constructed within the mobile home park;

(e)   Such further information as may be requested by the building inspector or official inspector designated by the governing body, to enable him or her to determine if the proposed mobile home park will comply with all the requirements of this article.

Before any application for a mobile home park license may be approved for a mobile home park, there must be a recommendation from the planning commission of the city approving the site, location, design and layout of mobile home park. Upon receipt of the recommendation for such from the planning commission, the building inspector or official inspector designated by the governing body shall then investigate and inspect the application and the proposed plans and specifications. If the plans and specifications for the proposed mobile home park are in compliance with all the provisions of this article and all other applicable ordinances and statutes, the building inspector or official inspector designated by the governing body shall approve the application, and upon completion of the mobile home park according to the approved plans and specifications, the office of the city clerk shall issue a license for such, upon payment of the fee or fees as hereinafter provided.

(Code 2019)

If the site for which application for a mobile home park license has been filed, is approved and a park is established, the applicant shall pay to the city a license fee as follows:

The annual license fee for each mobile home park shall be $5.00 for each mobile home space contained therein. The fees shall be for the calendar year, shall not be pro-rated, and shall expire December 31st of each year.

(Code 2019)

Upon application in writing by a licensee for renewal of a mobile home park license and after reinspection by the building inspector or official inspector designated by the governing body for compliance with the regulations of this article and upon payment of the annual license fee, the city clerk shall issue a certificate renewing such license for another year.

(Code 2019)

Mobile home parks may be established in all areas of the city zoned for mobile home parks. Each boundary of any mobile home park must be at least 200 feet from any permanent residential building located outside the mobile home park unless separated therefrom by a material or artificial barrier. Any artificial barrier must be at least five feet in height.

(Code 2019)

The mobile home park shall conform to the following requirements:

(a)   The mobile home park shall be located on a well-drained site properly graded to insure rapid drainage and freedom from stagnant pools of water.

(b)   Mobile home spaces shall be provided consisting of a minimum of 1600 square feet for each space, which shall be clearly defined and marked.

(c)   Mobile homes shall be harbored on each space so that there shall be at least 20 feet clearances between mobile homes: provided, that with respect to mobile homes parked end-to-end clearance may be less than 20 feet but not less than 15 feet. No mobile home shall be located closer than five feet from any utility building within the mobile home park or from any property line bounding the mobile home park. Any extension or addition must be approved by the building inspector and the governing body.

(d)   Any mobile home spaces shall abut upon a roadway of not less than 30 feet in width adjacent to mobile homes. All such roadways shall have unobstructed access to a public street or highway: provided, that the sole vehicular access shall not be by alley and that all dead-end roadways shall include adequate vehicular turning space.

(e)   All roadways within the mobile home park shall be all-weather surfaced, maintained and adequately lighted.

(f)   All electric distribution systems, plumbing systems, and telephone service systems to each mobile home space, except outlets and risers, shall be in accord with city ordinances. Each mobile home space shall be provided with a 115-volt and 220-volt single phase service with a minimum 60-ampere individual service outlet.

(Code 2019)

The water supply of a mobile home park shall be connected to the municipal water system and all plumbing shall be constructed and maintained in accordance with the municipal plumbing code. Individual water service connections shall be provided for direct use by mobile homes and shall be so constructed that they will not be damaged by the parking of mobile homes or as required by the building inspector or official inspector designated by the governing body. The owner of a mobile home park may require individual water meters or a master meter for the entire water service, in which case the owner shall be responsible for payment of the water bill. All individual mobile homes located outside the mobile home park shall have their own separate water meter and shall be connected to the municipal water system.

(Code 2019)

All plumbing at a mobile home park shall comply with the state and local plumbing laws and regulations. Each mobile home space shall be provided with at least a four-inch sewer connection. The sewer shall be provided with suitable fittings so that a watertight connection can be made between the mobile home drain and the sewer connection. Such individual mobile home connection shall be constructed so that they can be closed when not linked to a mobile home and shall be trapped in such a manner as to maintain them in an odor-free condition.

Sewer lines shall be constructed with the approval of the building inspector or official inspector designated by the governing body and in accordance with the city plumbing code. All the sewer lines of a mobile home park shall be connected to the public sewer system.

(Code 2019)

The storage, collection and disposal of refuse and trash in a mobile home park shall follow the refuse and trash ordinance of the city, except that the burning of trash or debris is hereby prohibited.

(Code 2019)

All electrical installations shall comply with the electrical code of the city. Such electrical outlets shall be weatherproof. No power line, including service lines to a mobile home shall be permitted aboveground. Subsurface installations shall be acceptable only after approval of methods and materials by the city building inspector or official inspector designated by the governing body.

(Code 2019)

Natural and liquified petroleum gas for cooking or heating purposes may be used at individual mobile home spaces: provided, that the installation is connected by copper or other suitable metallic tubing and complies with the fire prevention code of the city.

(Code 2019)

Each mobile home park shall be subject to the rules and regulations of the city fire prevention code. Portable fire extinguishers of a type approved by the fire chief shall be kept in the service building and in other locations named by such fire chief and shall always be maintained in a good operating condition.

(Code 2019)

A foundation for all individual mobile homes located outside a mobile home park, shall be constructed of a continuous reinforced concrete or of some continuous solid or hollow masonry, and the use of wheels, jacks and wood blocks shall not be considered a permanent foundation. No mobile home shall be maintained or occupied outside a mobile home park until the mobile home is resting upon a permanent foundation, as above defined.

(Ord. G-02-07, Sec. 1; Code 2019)

It shall be unlawful for any person to park, place or abandon any mobile home upon any street, alley, highway, or other public place, or upon any premises or tract of land located within the corporate limits of the city, and which is situated outside of a licensed mobile home park, without first having secured a mobile home permit as herein required. A mobile home permit may be either an “occupancy permit,” or a “temporary permit.” An occupancy permit is required of all mobile homes parked, placed or abandoned upon any street or premises outside a mobile home park as hereinbefore set forth in this section: provided, that a temporary permit may be issued for the parking of one visiting mobile home in an accessory private garage building, or in the rear yard of any premises for a period of not to exceed 14 days: provided further, that a temporary permit shall not be renewed or another permit issued for the same mobile home at the same location within the calendar year that such temporary permit was first issued.

(Code 2019)

Section 2-417 of this article shall not apply, nor shall a permit be required for the following:

(a)   Emergency or temporary stopping or parking for 24 hours and subject to any other limitations that may be imposed by other ordinances of the city, relative to parking.

(b)   Unoccupied mobile homes for demonstrations and sales purposes only, may be permitted in any district permitted by the zoning ordinance.

(c)   The storage of any unoccupied or uninhabited vacation or camper trailer within the corporate limits of the city shall be permitted in the rear yard of any premises: provided, that such storage follows all other sections of this article, the zoning regulations or other pertinent ordinances of the city.

(Code 2019)

The application for either an occupancy permit or a temporary permit shall be filed at the office of the city clerk, shall be in writing, on forms provided by the city, and shall be signed by the owner of the mobile home.

(Code 2019)

The application for a temporary permit shall include the following:

(a)   The name and home address of the applicant.

(b)   The location of the property upon which the mobile home is to be parked temporarily.

(c)   The dates that the mobile home will be temporarily parked.

(d)   The license number of the mobile home.

(e)   Description of mobile home.

(f)   Information that permanent utility connections are not required, and that plumbing, and sewer facilities are available.

(g)   Signature of the applicant.

All applications for a temporary permit as herein required shall be approved by the building inspector or official inspector designated by the governing body. Upon certification that the application for a temporary permit follows the provisions of this article, the office of the city clerk shall issue the temporary permit.

(Code 2019)

The application for a regular occupancy permit shall include the following:

(a)   The name and address of the applicant.

(b)   The location and legal description of the land upon which the mobile home is to be located.

(c)   The square feet of living space contained in the mobile home.

(d)   The name of the owner of the land upon which the mobile home is to be located.

(e)   The name of the owner of the mobile home.

(f)   The square feet of the lot upon which the mobile home is to be located.

All applications for an occupancy permit, as herein required, shall be approved by the building inspector or official inspector designated by the governing body. Upon certification that the applicant for an occupancy permit is complying with the provisions of this article, the building, electrical, plumbing, gas piping and fire prevention codes and the zoning ordinances of the city, the office of the city clerk shall issue the mobile home occupancy permit.

(Code 2019)

With every application for a regular mobile home occupancy permit, each applicant shall pay to the city an application fee of $5.00, and at the same time shall pay to the city the sum of $10.00 for hookup inspection of plumbing, water, sewer, gas and electrical service prior to issuance of an occupancy permit. The fees shall not be required upon renewal of an occupancy permit for the same mobile home at the same location.

(Ord. G-2, Sec. 2; Code 2019)

Occupancy permits for single mobile homes need to be renewed annually. The building inspector or official inspector designated by the governing body may reinspect the mobile home periodically. Mobile home occupancy permit shall be nontransferable. Upon the moving of any mobile home from the location specified on the occupancy permit, the person to whom the occupancy permit was issued, shall notify the building inspector or official inspector designated by the governing body of such move.

(Code 2019)

No occupancy permit shall be issued for any mobile home unless the lot upon which the mobile home is to be located shall have at least 3,000 square feet of land, excluding other buildings on the lot, and the land must be owned by the owner of the mobile home. In addition, no occupancy permit shall be issued for a mobile home which does not have a minimum of 240 square feet of living area.

(Code 2019)

Whenever the zoning requirements for regular dwellings require a setback or side yard, the requirements of such ordinance shall be observed by the mobile home.

(Code 2019)

All the sewer lines of a private mobile home shall be connected to the public sewer system. Private mobile homes must connect to sewer main and not to a private line to the sewer main.

(Code 2019)

Any mobile home which is located on a permanent foundation outside a licensed mobile home park shall be construed as a permanent structure and subject to all the requirements of the building, plumbing, electrical, gas, fire prevention, and sanitary code and the zoning ordinance of the city and will be taxed on the tax rolls as real property.

(Code 2019)

If, upon inspection of any mobile home or mobile home park, the building inspector or official inspector designated by the governing body finds that conditions or practices exist which are in violation of any provisions of this article or of any regulation adopted pursuant thereto; the building inspector or official inspector designated by the governing body shall give notice in writing to the person to whom the license or occupancy permit was issued and, unless such conditions or practices are corrected within a reasonable period of time, to be determined by the building inspector or official inspector designated by the governing body, he or she shall give notice in writing to the person to whom the license or occupancy permit was issued that the license or occupancy permit be revoked. Upon receipt of the notice of revocation, such person shall cease operation of such mobile home or mobile home park.

(Code 2019)

Any person whose application for a license or permit has been denied or any person whose license or permit has been revoked, may request and shall be granted a hearing of the matter before the governing body of the city, upon filing an application for hearing before such body within three days following the day on which such notice was received or license or permit denied and the governing body at the first regular meeting after such application has been referred to that body, shall fix a time and place for hearing thereon, which shall not be more than 10 days after such application shall have been referred to the governing body. The filing of such application shall not suspend any order of the building inspector or official inspector designated by the governing body in denying application for license or permit but shall suspend any order of revocation of the license or permit until the matter has been decided by the governing body.

(Code 2019)

Any person who shall neglect or refuse to comply with or shall violate or attempt to violate any of the provisions of this article, or any amendments or additions hereto, whether as owner, agent, officer, employee, tenant, occupant, lessee, or any other person who shall permit, take part in or assist in such violation or attempted violation, shall be deemed guilty of a misdemeanor, constituting a separate offense for each and every day or portion thereof during which such violation is committed, continued, permitted or attempted, and upon conviction thereof, shall be punished by a fine of not less than $10.00 and not more than $100.00.

(Code 2019)

No mobile home shall be placed in the city limits of Plainville, Kansas, other than in a mobile home park unless the following rules and requirements have been met:

(a)   The mobile home shall be owned by the party desiring to place the mobile home in the city.

(b)   The mobile home may only be placed on real property, owned either in whole or in part, by the owner of the mobile home.

(c)   The owner of the mobile homes has complied with all other city provisions governing the ownership and use of mobile homes.

(d)   The owner of the mobile homes shall be a resident of the city of Plainville, Kansas, and shall reside in said mobile home. The mobile home therefore, shall be the primary residence of the owner. An applicant, for a mobile home permit, shall annually sign an affidavit stating the following:

(1)   That said applicant is the owner of the mobile home.

(2)   The applicant is an owner, either in whole or in part, of the land to which the mobile home is to be placed.

(3)   The applicant is now or will be at the time of the placement of the mobile home, a resident of the city of Plainville, Kansas.

(4)   The applicant will occupy the mobile homes as his/her primary resident.

(5)   The applicant will always physically reside in the mobile home.

(6)   The applicant will not rent said mobile home.

(7)   The mobile home shall not be vacant for more than six (6) consecutive months, exceeding a period of 12 months.

If it is determined by the governing body that any part of this section may have been violated, the governing body will notify the applicant of the violation and request said applicant appear at a city council meeting to discuss the alleged violation. If it is determined by the governing body that a violation has occurred, the applicant will be given 30 days to correct the violation. If the violation is not cured within 30 days, the applicant will cause the mobile home to be removed from the city limits of Plainville, Kansas, within 14 days after being notified in writing to do so by the City.

(G-02-07; Code 2019)