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TITLE 13
PLANNING
Chapters:
13.04 Planning Commission
13.08 Mobile Home Parks
CHAPTER 13.04
PLANNING COMMISSION
Sections:
13.04.01
13.04.02
13.04.03
13.04.04
13.04.05
Commission created
Terms of members
Election of officers; rules
Employment of assistance; expenditures
Powers and duties
13.04.01 Commission created. There is hereby created a City Planning Commission to
consist of six (6) members. At least two-thirds (2/3) of such Commission shall not hold any
other elected or appointed municipal office. The members of the Commission shall be
nominated by the Mayor and confirmed by the City Council. (Ord. No. 87-9, Sec. 2)
13.04.02 Terms of members. The original members of said Planning Commission shall
be appointed to a term of one (1), two (2), three (3), four (4), five (5) or six (6) years. When the
term of any member shall expire, the Mayor shall make a nomination to fill such vacancy for a
period of six (6) years. When a vacancy shall otherwise occur, the Mayor shall nominate a
person to serve the remainder of the term.
13.04.03 Election of officers: rules. At a time and place to be designated by the Mayor,
the Planning Commission shall meet and organize by electing from its members a chairman, a
vice-chairman, and a secretary. The Planning Commission shall make and adopt such rules and
regulations to govern its proceedings, which shall provide for a regular meeting date at least once
each three (3) months and more often if prescribed by the Commission.
13-04.04 Employment of assistance; expenditures. The Planning Commission is
authorized to employ such assistance as it deems necessary in carrying out its duties and
responsibilities. It cannot expend or encumber city funds without prior appropriation by the
City Council.
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13.04.05 Powers and duties. The Commission is vested
with all the powers and duties prescribed and set forth in
Sections 19-2825 - 19-2833 Arkansas Statutes.
STATE LAW REFERENCE - See Ark. Stats. 19-2825, et seq.
Chapter 13.08
MOBILE HOME PARKS
Sections:
13.08.01
13.08.02
13.08.03
13.08.04
13.08.05
13.08.06
13.08.07
13.08.08
13.08.09
13.08.10
13.08.11
13.08.12
13.08.13
13.08.14
13.08.15
13.08.16
Definitions
Permits
Inspection of mobile home parks
Notices, hearings and. orders
Adoption of regulations by the
Planning Commission
Location, space and general layout
Water supply
Sewage disposal
Refuse disposal
Insect and rodent control
Electricity; exterior lighting
Fire protection
Alterations and additions
Supervision
Penalties
Permits; fees
13.08.01 Definitions. For the purpose of this chapter, the
following words and phrases shall have the meaning ascribed to
them in this section.
Enforcement
Officer
means
the
inspector the City of Lincoln, Arkansas.
chief
building
2. Health Officer means the legally-designated health
authority of the City of Lincoln or his authorized representative.
Permit means a written permit issued by the enforcement
officer permitting the mobile home park to operate under this
chapter and regulations promulgated hereunder.
4.
Mobile Home Park means a residential use in which
more than one (1) mobile home is located on a single lot.
5.
City Planning Commission means that commission created
the City of Lincoln by the provisions of Lincoln Municipal Code,
Chapter 13.04.
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6.
Mobile Home means any vehicle, or similar portable
structure designed for use as a conveyance upon highways, having a
foundation other than wheels of removable jacks and so designed or
constructed as to permit occupation for dwelling or sleeping
purposes.
7.
Independent Mobile Home means a mobile home which
has a flush toilet and a bath or shower.
8.
Mobile Home apace means a plot of ground within a mobile
home park designed for the accommodation of one (1) mobile home.
9.
Person means any individual, firm, partnership,
corporation, company or association. (Ord. No. 1995-10, Sec. 1)
13.08.02 Permits.
A,
it shall be unlawful for any person to operate any
mobile home park within the limits of Lincoln, Arkansas, unless
he holds a valid. operator's permit issued by the enforcement
officer in the name of such person for the specific mobile home
park. All applications for permits shall be made to the
enforcement officer who shall upon receiving approval of
maiority vote of the total number of appointed members of the
Planning Commission at a regular meeting issue a permit, to be
valid for one (1) year, then renewable annually, upon compliance
by the applicant with provisions of this Chapter and of any
regulations adopted pursuant thereto, and if any other applicable
legal requirements. No permit shall be transferrable. Every person
holding such a permit shall give notice in writing to the
enforcement officer within twenty-four (24) hours after having
sold, transferred, given away, or otherwise disposed of such
operator's right to control of the mobile home park for which such
permit was issued, and any such permit shall then and there expire
and immediately be null and void. Such notice shall include the
name and address of the person succeeding to the control of such
mobile home park. No successor to the right to operate sa mobile
home park may commence operations until he has been issued. a
valid permit as herein required. (Ord. No. 1995-10, Sec. 2.1)
B.
Operator's Permits. Applications for operator's permits
shall be in writing, signed by the applicant, and accompanied by an
affidavit of the applicant as to the truth of the statements and
facts set forth in the application and shall contain the following:
The name and address of the applicant.
The interest of the applicant in and
the location of the mobile home park.
Ord. No. 1995-10, Sec. 2.2(a))
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C. Building and Construction Permits. Applicants for
building and construction permits for mobile home parks shall be in
writing, signed by the applicant, and accompanied by an affidavit
of the applicant as to the truth of the statements and facts set
forth in the application, and shall contain the following:
1.
A complete plan of the mobile home
park containing the legal description, showing
compliance with all the applicable provisions of
this chapter and regulations promulgated thereunder.
2, Such further information as may be
requested by the enforcement officer to enable
him to determine that the proposed mobile home
park will comply with legal requirements.
3. No changes or additions may be made in
the plat plan or construction of a mobile home
park except upon a new application which shall
be subject to the same terms and conditions of
the original application. (Ord. No. 1995-10,
Sec. 2.2(b))
D. Renewal of Operator's Permits. Applications for renewals
of operator's permits shall be made in writing by the holder of
the permit and shall contain the following:
1. Any change in the information submitted
since the last time the original permit was
issued or the latest renewal granted.
2.
Such other information as the enforcement
officer may require. (Ord. No. 1995-10, Sec. 2.2(c))
E. No mobile home park may be operated within the City of
Lincoln, Arkansas, unless both a building and construction permit
and a operator's permit shall have been issued and are in effect at
all times during said operation. (Ord. No. 1995-10, Sec. 2.2(d))
F. A complete plan, for the purpose of obtaining a building
and construction permit to be issued by the enforcement
officer shall show:
The area and dimensions of the
tract land.
The number, locations, nd size
mobile home spaces.
The location and width f roadways
and walkways.
The location of service buildings
and any other proposed structures.
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The location of water and sewer lines, and shall be accompanied by
written approval of such proposed water and sewer lines signed by
the superintendent of the Lincoln Water and Sewer Department.
Plans and specifications of all buildings and other improvements
constructed or to be constructed within the mobile home park
pursuant to such applications.
The plan shall include a plat, prepared to scale by a registered engineer or
licensed land surveyor. (Ord. No. 1995-10, Sec. 2.3)
Whenever, upon inspection of any mobile home park, the enforcement officer
finds that conditions or practices exist which are in violation of any provision of
this chapter, or if any regulations adopted pursuant thereto, the enforcement
officer shall give notice in writing in accordance with Section 13.08.04(1) to the
person to whom the applicable permit or permits were issued that unless such
conditions or practices are corrected within a reasonable period of time specified in
the notice by the Enforcement Officer, the permit will be suspended. At the end of
such period, the enforcement officer shall reinspect such mobile home park, and if
such conditions or practices have not been corrected, he shall suspend the applicable
permit or permits and give notice in writing of such suspension to the person to
whom the permit is issued. Upon receipt of notice of suspension, regardless of
whether a building and construction permit or an operator's permit may be involved,
the operator of such mobile home park shall cease operation of such park except as
provided in Section 13.08.04(2). (Ord. No. 1995-10, Sec. 2.4)
Any person whose permit has been suspended or who has received notice from the
enforcement officer that his permit will be suspended unless certain conditions or
practices at the mobile home park are corrected, may request and shall be granted a
hearing on the matter before the Planning Commission under the procedure
provided by Section 13.08.04 of this chapter. PROVIDED that when no petition
for such hearing shall have been filed within ten (10) days following the day on
which notice of suspension was serviced, such permit shall be deemed to have
been automatically revoked at the expiration of such ten (10) day period. (Ord. No.
1995-10, Sec. 2.5)
13.08.03 Inspection of mobile home parks.
The Enforcement Officer is hereby authorized and directed to make inspections
to determine the condition of mobile home parks located within the city of
Lincoln in order that he may perform his duty of safeguarding the health and
safety of occupants of mobile home parks and of the general public.
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The Enforcement Officer shall have the power to enter at reasonable times
upon any private or public property for the purpose of inspecting and
investigating conditions relating to the enforcement of this chapter or of
regulations promulgated thereunder.
The Enforcement Officer shall have the power to inspect the register containing a
record of all mobile homes and occupants using the mobile home park.
It shall be the duty of the owners or occupants of mobile home parks, and
mobile homes contained therein, or of the person in charge thereof, to give
the health officer and/or Enforcement Officer free access to such premises at
reasonable times for the purpose of inspection.
It shall be the duty of every occupant of a mobile home park to give the owner
thereof or his agent or employee access rights to any part of such mobile home
park or its premises at reasonable times for the purpose of making such repairs
or alterations as are necessary to affect compliance with this chapter, or with
any lawful regulations adopted thereunder, or with any lawful order issued
pursuant to the provisions of this chapter.
The Enforcement Officer shall immediately take or initiate appropriate action
to correct said violation and enforce the provisions thereof. (Ord. No. 199510, Sec. 3)
13.08.04 Notices, hearing and orders.
Whenever the Enforcement Officer determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this chapter, or of
any regulation adopted pursuant thereto, he shall give notice to such alleged
violation to the owner of the park and to the person to whom the operator's permit
was issued, as hereinafter provided.
Such notice shall:
Be in writing
Include a statement of the reasons for its issuance.
Allow a reasonable time for the performance of any act it
requires. Be served upon the owner and the operator.
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PROVIDED that such notice or order shall be deemed to have been
properly served upon such owner or operator when a copy thereof has been
sent by registered mail to their last known address or when they have been
served with such notice by any other method authorized or required by the
laws of the state of Arkansas.
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter and with
regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the
enforcement of any provision of this chapter, or of any regulation adopted
pursuant thereto, may request and shall be granted, a hearing on the matter before
the Planning Commission. PROVIDED that such person shall file in the Clerk's
office of City Hall, a written petition requesting such hearing and setting forth a
brief statement of the grounds therefore within ten (10) days after 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
13.08.04(5). Upon receipt of such petition, the chairman of the Planning
Commission shall set a time and place for such hearing, and shall give the
petitioner written notice thereof. At such hearing, the petitioner shall be given an
opportunity to be heard and to show why such notice should be modified or
withdrawn. The hearing shall take place at the next regularly scheduled Planning
Commission meeting. PROVIDED that upon application of the petitioner, the
chairman of the Planning commission may postpone the date of the hearing for a
reasonable time beyond the next regularly scheduled meeting of the Planning
Commission when, in his judgment, the petitioner has submitted good and
sufficient reasons for postponement.
After such hearing, the Planning Commission shall make findings as to
compliance with the provisions of this chapter 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 (d) of this section. Upon a failure to
comply with any order sustaining or modifying a notice, the applicable permit
pertaining to the mobile home park affected by the order shall be revoked by order
of the Planning Commission.
The proceedings at such hearing, including the findings and decision of the
Planning Commission 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 City Clerk,
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
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aggrieved by the decision of the Planning Commission may seek relief
therefrom in any court of competent jurisdiction, as provided by the laws of
the state of Arkansas.
Whenever the enforcement officer 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
suspension of the permit. Notwithstanding any other provisions of this chapter,
such order shall be effective immediately, Any person to whom such an order is
directed shall comply therewith immediately, but upon petition by the Planning
Commission shall be afforded a hearing as soon as possible. The provisions of
Subsections 3 and 4 of this section shall be applicable to such hearing and the
order issued thereafter. (Ord. No. 1995-10, Sec. 4)
13,08.05 Adoption of regulations by the Planning Commission.
The Planning Commission is hereby authorized to make and, after public hearing,
to adopt such written regulations as may be necessary for the proper enforcement
of the provisions of this chapter. No permits required pursuant to this chapter shall
be issued without the approval of the Planning Commission as set forth in Section
13.08.02(a). The standards set forth herein shall be minimum and shall not be
reduced by the Planning Commission. The Planning Commission may require
other additional conditions for the granting of any permit or renewal where
necessary to protect adjacent property owners or the health, safety and welfare of
park occupants. (Ord. No. 1995-10, Sec. 5)
The area of the mobile home park shall be large enough to accommodate the
following, provided, however, that no mobile home park shall be less than
three (3) square acres in area:
The designated number of mobile home spaces.
Necessary streets and roadways.
Parking areas for motor vehicles.
Sufficient designated public use areas to provide a reasonable green space
and park area for the inhabitants of the park to be no smaller than an area
equal to one hundred (100) square feet for each and every mobile home
lot in such park, properly planted in lawn and maintained.
Each independent mobile home space shall contain a minimum of six thousand (6,000)
square feet, and shall be at least fifty feet (501) wide. Every mobile home
space shall abut on a driveway or other clear area with unobstructed access to
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public street. Such spaces shall be defined. Mobile homes shall be parked in such
spaces so that there will be a minimum of thirty feet (301) between mobile homes
and so that no mobile home will be less than fifteen feet (151) from the exterior
boundary of the mobile home park.
Mobile home parks in existence on the effective date of this chapter may continue
to operate for a period not to exceed twelve (I2)months from the effective date of
this chapter. PROVIDED that the enforcement officer finds:
That immediate compliance with standards set by this chapter
would constitute an unreasonable hardship; and
That the owner is undertaking action reasonably calculated to comply
with such requirements during the time prescribed herein.
It shall be unlawful to locate a mobile home within a mobile home park less than
twenty-five feet (251) from any public street or highway, or so that any part of
such mobile home will obstruct any roadway or walkway in a mobile home park.
It shall be unlawful to allow: Any mobile home to be occupied in a mobile
home park unless the mobile home is situated on a mobile home space.
Access roads shall be provided to each mobile home space. Each access road
shall provide for continuous forward movement, shall connect with a street
or highway, and shall have a minimum width of twenty-five feet (251). All
streets shall comply with the specifications required in new subdivisions in the
city of Lincoln. Parking to be designated by appropriate signs posted on streets.
Streets shall be bounded by integral concrete or asphalt curbs.
off-street parking areas shall be provided for the parking of motor vehicles.
Each mobile home space shall provide parking for two (2) vehicles. (Ord. No.
199510, Sec. 6)
13.08.07 Water supply
An accessible, adequate, safe, and potable water supply shall be provided for each
mobile home park, capable of furnishing a minimum of one hundred fifty (150)
gallons per day in each mobile home space. Where a public supply of water is
available, connection shall be made thereto and its supply shall be used
exclusively.
The water system of the mobile home park shall be connected by pipes to
all buildings and all mobile home spaces.
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All water piping shall be constructed and maintained in accordance with state and
local law; the water piping system shall not be connected with non-potable or
questionable water supplies and shall be protected against the hazards of backflow
or back siphonage. (Ord. No. 1995-10, Sec. 7)
13.08.08 Sewage disposal.
All plumbing in the mobile home park shall comply with state and local
plumbing laws and regulations.
Each independent mobile home space shall be provided with at least a four inch
(4") sewer connection. The sewer connection 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
so constructed that they can be closed when not linked to a mobile home and shall
be capped so as to prevent any escape of odors.
Sewer lines shall be constructed in accordance with plans approved in writing by
the superintendent of the Lincoln Water and Sewer Department or his authorized
agent. All sewer lines shall be adequately vented and shall be laid with sufficient
earth cover to prevent breakage from traffic. (Ord. No. 1995-10, Sec. 8)
13.08.09 Refuse disposal.
The storage, collection and disposal of refuse in the mobile home park shall be so
managed as to create no health hazards, rodent harborage, insect-breeding areas,
accident or fire hazards or air pollution.
All refuse shall be stored in fly-tight, watertight, rodent-proof containers,
which shall be located not more than one hundred fifty feet (1501) from any
mobile home space. Containers shall be provided in sufficient number and
capacity to properly store all refuse.
Racks or holders shall be provided for all refuse 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.
All refuse shall be collected at least once weekly. Where suitable collection
service is not available from municipal or private agencies, the mobile home
park operator shall provide this service. All refuse shall be collected and
transported in covered vehicles or covered containers. (Ord. No. 1995-10, Sec. 9)
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13.08.10 Insect and rodent control.
Insect and rodent control measures to safeguard public health as required by the
Enforcement Officer shall be applied in the mobile home park.
Effective larvicidal solutions may be required by the health officer for fly or
mosquito breeding areas which cannot be controlled by other, more permanent
measures.
The Enforcement Officer may require the mobile home park operator to take
suitable measures to control other insects and obnoxious weeds.
Accumulations of debris which may provide harborage for rodents shall not be
permitted in the mobile home park.
When rats or other objectionable rodents are known to be in a mobile home park,
the operator of such park shall take definite action as directed by the Enforcement
Officer to exterminate then. (Ord. No. 1995-10, Sec. 10
13.08.11 Electricity, exterior lighting. An electrical outlet supplying at least one hundred
fifteen (115) volts shall be provided for each mobile home space. The installation shall comply
with all applicable state and local electrical codes and ordinances. Such electrical outlets shall be
grounded and weatherproof. No main power supply line shall be permitted to lie on the ground or
to be suspended less than eighteen feet (181) above the ground. (Ord. No. 1995-10, Sec. il)
13.08.12 Fire protection.
The mobile home park area shall be subject to the rules and regulations of the fire
prevention authority of the city of Lincoln, specifically including the Lincoln
Water and Sewer Department.
Mobile home park areas shall be kept free from litter, rubbish and
other flammable materials.
Portable fire extinguishers of a type approved by the fire-prevention authority
shall be kept in service building and at all other locations designated by the fireprevention authority and shall be maintained in good operating condition. (Ord.
No. 1995-10, Sec. 12)
13.08.13 Alterations and additions.
All plumbing and electrical alterations or repairs in the mobile home park shall be
made in accordance with applicable local regulations.
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Skirting of mobile homes is required, but areas enclosed by such skirting shall
be maintained so as not to provide a harborage for rodents or create a fire
hazard. Skirting shall be of standard manufactured opaque skirting material or
material of equal quality and appearance.
No permanent additions shall be built onto or become a part of any mobile
home unless they are in accordance with building and construction permits
issued by the Enforcement Officer.
Restrictions of animals andpets. No owner or person in charge of a dog, cat
or other pet animal shall permit it to run at large or to commit any nuisance
within the limits of any mobile home park.
The mobile home shall be properly secured against high wind velocities.
overturning, sliding or up-lift shall be prevented through anchors, tie-downs
or similar devices. (Ord. No. 1995-10, Sec. 13)
13.08.14 Supervision. The person to whom an operator's permit for a mobile home park
is issued shall at all times operate the park in compliance with this chapter and the 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. (Ord. No. 1995-10,
Sec. 14)
13.08.15 Penalties. Any person who violates any provision of this chapter or any
provision of any regulation adopted by the Planning Commission pursuant to authority
granted by this chapter shall, upon conviction, be punished by a fine of not less than TwentyFive Dollars ($25.00) nor more than Two Hundred Fifty Dollars ($250.00), and each days
failure of compliance with any such provision shall constitute a separate violation. (Ord. No.
1995-10, Sec 15)
13.08.16 Permits; fees.
The Enforcement Officer shall be required to collect and remit to the City
fees which shall be paid by applicants for building and construction
permits and operator's permits required by this chapter.
Fees for the permits provided for by this chapter are hereby fixed and shall be
paid at the time each permit is approved and before such permit shall be
issued, according to the following schedule:
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Operator's permits:
Two dollars ($2.00) for each and every mobile home space or
lot, whether occupied or not, with a minimum fee of Twenty
Dollars ($20.00) and a maximum fee of Two Hundred Fifty
Dollars ($250.00).
Building and construction permits:
For a valuation over One Hundred Dollars ($100.00) up to and
including Fifteen Thousand Dollars ($15,000.00), the fee shsll be
Three Dollars ($3.00) per thousand or fraction thereof.
For a valuation over Fifteen Thousand Dollars ($15,000.00) up to
and including One Hundred Thousand Dollars ($100,000.00), the
fee shall be Forty-Five Dollars ($45.00) for the first fifteen
thousand plus Two Dollars ($2.00) for each additional thousand or
fraction thereof.
For a valuation over One Hundred Thousand Dollars ($100,000.00)
up to and including Five Hundred Thousand Dollars
($500,000.00), the fee shall be Two Hundred Fifteen Dollars
($215.00) for the first one hundred thousand, plus One Dollar
($1.00) for each additional thousand or fraction thereof.
The operator's permits provided for herein shall be in lieu of any occupation
tax which may be provided for by any ordinance of the city. (Ord. No. 9510, Sec. 16)