Wednesday, June 20, 2018

City of Topeka Code

Chapter 14.65
MANUFACTURED HOMES AND TRAILERS

Sections:
Article I. In General
14.65.010    Definitions.
14.65.020    Enforcing official designated – Duties.
14.65.030    Location of mobile homes outside of parks.
Article II. Administration and Enforcement – Permit
14.65.040    Required for installation, repair, utility connections.
14.65.050    Fee for move-in and/or utility connection established.
14.65.060    Payment of fee – Failure to pay.
14.65.070    Code enforcement director to inspect.
14.65.080    Authorization required before supply of utilities.
Article III. Mobile Home Parks
Subarticle I. Generally
14.65.090    Variances.
14.65.100    Nonconforming uses.
14.65.110    Applicability of other codes.
14.65.120    Securing mobile homes to ground.
14.65.125    Skirting.
Subarticle II. Location and Space Requirements
14.65.130    Development plans.
14.65.140    Setbacks.
14.65.150    Location.
14.65.160    Space requirements.
Subarticle III. Street System
14.65.170    Roadways.
14.65.180    Street widths.
14.65.190    Driveways.
14.65.200    Walkways.
14.65.210    Parking.
14.65.220    Street name.
14.65.230    Site address.
14.65.240    Park address.
Subarticle IV. Utilities
14.65.250    Water.
14.65.260    Drainage.
14.65.270    Sewage disposal.
14.65.280    Plumbing for sewer lines.
14.65.290    Refuse accumulation, storage and disposal.
14.65.300    Lighting.
14.65.310    Electrical power supply.
14.65.320    Overhead electrical wiring.
Subarticle V. Fire Protection
14.65.330    Application of fire code.
14.65.340    Accumulation of inflammable materials.
14.65.350    Storage of natural and liquefied petroleum gas.
14.65.360    Making of fires.
Subarticle VI. Responsibilities of Park Management
14.65.370    Compliance with article – Maintenance.
14.65.380    Keeping of register.
14.65.390    Notification of occupants of article contents.
14.65.400    Supervision of placement of each unit.
    Cross References: Mobile home contractors and craftsmen, Chapter 5.95 TMC; mobile home parks, Chapter 5.100 TMC; construction adjacent to flood control levies, TMC 17.20.010 et seq.; floodplain management, TMC 17.30.010 et seq.
    State Law References: The Uniform Standards Code for Mobile Homes and Recreational Vehicles, K.S.A. 75-1211 et seq.; Kansas Manufactured Housing Act, K.S.A. 58-4201 et seq.
Article I. In General

14.65.010 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Mobile home” means any manufactured structure constructed for dwelling purposes.
“Mobile home park” means any tract or parcel of land maintained for the purpose of renting or leasing spaces for not less than 10 mobile home units for human habitation purposes, whether the mobile homes are owned by the owner of the mobile home park or owned by individual occupants. (Ord. 19329 § 1, 11-3-09. Code 1995 § 98-1.)
    Cross References: Definitions generally, TMC 1.10.020.

14.65.020 Enforcing official designated – Duties.

The administrative duties for enforcing the ordinances, code sections, regulations and rules pertaining to mobile homes and mobile home parks are delegated and assigned to the code enforcement director. The code enforcement director may request the assistance of administrative personnel from other departments of the city in enforcing the ordinances, code sections, regulations and rules pertaining to mobile homes and mobile home parks. (Code 1981 § 25-23. Code 1995 § 98-2.)
    Cross References: Building code enforcement division, Chapter 2.50 TMC.

14.65.030 Location of mobile homes outside of parks.

(a) Emergency or temporary stopping or parking of mobile homes is permitted on any street, alley or highway for not longer than one hour subject to any other and further prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for that street, alley or highway.
(b) No person shall occupy any mobile home on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside of an approved mobile home park, except that one visiting mobile home may be parked in an accessory private garage building or in a rear yard in any district for a period of not more than 30 days. (Code 1981 § 25-2. Code 1995 § 98-3.)
Article II. Administration and Enforcement – Permit

14.65.040 Required for installation, repair, utility connections.

(a) There shall be no installation or repair to any mobile home without first obtaining a permit from the code enforcement director when so required.
(b) This article shall not be construed to mean that a permit shall be required before replacing minor defective devices. The installation of new appliances requires a permit in every case. Any direct connection to the gas, water or electrical supply lines will require a permit in every case.
(c) A complete record shall be kept by the code enforcement director of all permits issued under this article. (Code 1981 § 25-173. Code 1995 § 98-56.)
    Cross References: Building code enforcement division, Chapter 2.50 TMC.

14.65.050 Fee for move-in and/or utility connection established.

The permit fee for the moving in and connection to the gas, water or electrical mains for mobile homes shall be $20.00. If a reinspection for move-in and/or utility connection is necessary, there shall be a reinspection fee of $10.00. For permits covered under the electrical, mechanical or plumbing sections of the code, the established fee schedule shall apply. (Code 1981 § 25-174. Code 1995 § 98-57.)

14.65.060 Payment of fee – Failure to pay.

All permit fees required by this article shall be due and payable to the building code enforcement division not later than the tenth of the month following the month in which the permit was issued. Failure of any mobile home contractor or craftsman to remit payment for permit fees by the specified date will be a violation of this article, and shall constitute sufficient grounds for revocation of the mobile home contractor or craftsman license. (Code 1981 § 25-175. Code 1995 § 98-58.)
    Cross References: Building code enforcement division, Chapter 2.50 TMC.

14.65.070 Code enforcement director to inspect.

It shall be the duty of the code enforcement director or designee to inspect, or cause to be inspected, any work for which permits are required by this article. Any work performed under this article will require inspection and approval by the code enforcement director. No mobile home craftsman shall conceal, or cause to be concealed, work performed under this article prior to inspection and approval. (Code 1981 § 25-176. Code 1995 § 98-59.)
    Cross References: Building code enforcement division, Chapter 2.50 TMC.

14.65.080 Authorization required before supply of utilities.

Prior to supplying electrical current or gas to a newly parked mobile home, authorization must be given by the code enforcement director. (Code 1981 § 25-177. Code 1995 § 98-60.)
    Cross References: Building code enforcement division, Chapter 2.50 TMC.
Article III. Mobile Home Parks
    Cross References: Businesses, TMC Title 5.
Subarticle I. Generally

14.65.090 Variances.

It is hereby recognized that variances from strict application of this article may be necessary or desirable to better fit existing physical conditions, traffic conditions or land uses. The board of zoning appeals, with the concurrence of other applicable agencies, is hereby authorized to grant, in writing, as a part of any permit issued by them, variances from the strict application of the provisions of this article, upon determining that any or all of the following conditions are present:
(a) The exception or variance desired arises from particular physical conditions not ordinarily existing in similar districts in the city or is due to the nature of business and operations on the abutting property.
(b) The exception or variance desired is not against the public interest, safety, convenience and general welfare.
(c) The granting of the permit for the exception or variance will not adversely affect the right of adjacent property owners or tenants.
(d) The strict application of the provisions of this article will not work unnecessary hardship on the property owner or tenant. (Code 1981 § 25-21. Code 1995 § 98-81.)
    Cross References: Board of zoning appeals, Chapter 2.45 TMC.

14.65.100 Nonconforming uses.

All existing mobile home parks not meeting the requirements of this article shall be declared nonconforming and shall not be permitted to add spaces or make any improvements inconsistent with the terms and conditions of this article. A nonconforming mobile home park that is not operated for a period of two months shall not reopen until the terms and conditions of this article shall have been complied with; provided, that in addition to its normal usage and meaning and for the purposes of this article, a mobile home park is deemed to be not operated if a valid mobile home park license or renewed license is not obtained or in effect within two months after the licensee is notified in writing by the mobile home board or the city clerk’s office to obtain or renew the license. (Code 1981 § 25-22. Code 1995 § 98-82.)
    Cross References: City clerk, TMC 2.30.010.

14.65.110 Applicability of other codes.

(a) All plumbing, electrical, building and other work on or at any park licensed under this article shall be in accordance with the applicable ordinances of the city regulating such work, unless the ordinances are specifically made inapplicable under the terms of this article.
(b) Mobile homes and recreational vehicles carrying a state seal of approval shall be subject first to the provisions of the code established by the Uniform Standards Code for Mobile Homes and Recreational Vehicles (K.S.A. 75-1211 et seq.).
(c) Mobile homes and recreational vehicles carrying a housing and urban development label shall be subject to the regulations promulgated by the secretary of housing and urban development pursuant to the National Mobile Home Construction and Safety Standards Act of 1974. (Code 1981 § 25-19. Code 1995 § 98-83.)

14.65.120 Securing mobile homes to ground.

The provisions of K.S.A. 75-1226 through 75-1231, relating to mobile home tiedowns, ground anchors and piers, and requiring any mobile home occupied or inhabited by any person as a dwelling, office or commercial space to be secured to the ground by tiedowns and ground anchors of a type which have been approved by the director, unless the mobile home is secured to the ground on a permanent foundation, are hereby adopted by reference and incorporated in this article as if fully set out in this section. (Code 1981 § 25-20. Code 1995 § 98-84.)

14.65.125 Skirting.

All manufactured homes which are not placed on a permanent enclosed perimeter foundation shall have skirts within 30 days after issuance of the permit and placement of the manufactured home on the site. The skirt shall:
(a) Be completely around the structure from the base of the manufactured home to the ground level beneath;
(b) Be of material with similar appearance to the manufactured home or masonry material;
(c) Be weather-resistant material for skirting and shall not be scrap metal or polyurethane scrap material;
(d) Be skirted in such a way as not to allow access to the underside of the manufactured home for storage and/or trash accumulation but access only for repair purposes to the manufactured home.
Any manufactured home existing within the city on the effective date of the ordinance codified in this section will be required to have skirts no later than 30 days from enactment of the ordinance codified in this section. However, before being subject to a penalty for violation of this section, the city shall serve the owner or occupants of any manufactured home without skirts with written notice of violation hereof requiring compliance within such time as designated therein. (Ord. 19329 § 2, 11-3-09. Code 1995 § 98-85.)
Subarticle II. Location and Space Requirements

14.65.130 Development plans.

All mobile home park developers shall submit to the code enforcement director five sets of plans drawn to a suitable scale and fully dimensioned showing the development of the park, which shall include:
(a) Location and widths of all roadways;
(b) Driveways and walkways;
(c) Parking areas;
(d) Recreation and open space areas;
(e) Landscaping;
(f) Location and size of all underground utilities;
(g) Location and size of all drainage facilities;
(h) Public services;
(i) Traffic circulation;
(j) Easements;
(k) Location and size of mobile home sites with an address; and
(l) Location of garbage and refuse storage and method of removal. (Code 1981 § 25-69. Code 1995 § 98-116.)
    Cross References: Building code enforcement division, Chapter 2.50 TMC.

14.65.140 Setbacks.

(a) Mobile home parks shall comply with all setback requirements in relation to property lines as spelled out in appropriate zoning classifications or established by plat of subdivisions as filed of record in the county registrar of deeds office.
(b) No occupied mobile home shall be located within the corporate limits of the city beyond the recognized setback line for the zoning district in which such mobile home is located. (Code 1981 § 25-70. Code 1995 § 98-117.)

14.65.150 Location.

Nothing in this article shall be construed as authorizing a mobile home park in any part of the city contrary to the zoning ordinances and regulations to the city, and the location of all mobile home parks shall comply with the zoning regulations. No mobile homes shall be located in fire zone no. 1. (Code 1981 § 25-71. Code 1995 § 98-118.)

14.65.160 Space requirements.

It shall be unlawful to locate or permit a mobile home to be located within a mobile home park closer than 15 feet from any other mobile home, building or other structure, nor less than five feet from any park roadway; provided, that mobile homes located back to back shall have a minimum separation distance of eight feet. No mobile home shall be located or permitted to be located closer than 10 feet from the external or perimeter boundary line of a mobile home park. (Code 1981 § 25-72. Code 1995 § 98-119.)
Subarticle III. Street System

14.65.170 Roadways.

(a) All mobile homes shall abut upon a park street system, with no mobile home site having its direct access from a public street, alley or highway. All streets shall have unobstructed access to a public street or highway; and all dead-end streets shall include an adequate vehicular turning space or cul-de-sac.
(b) The approach connecting the mobile home park street system with the public street, alley or highway shall meet the requirements set forth in the standard plans and specifications promulgated by the city engineer, relating to the construction of driveways, curbs and gutters.
(c) Surface roadways in mobile home parks shall be constructed and maintained in accordance with current street designs required by the city as related to subdivisions.
(d) Each street in mobile home parks shall be clearly identified with letters or numerals of a light reflecting material, and shall be provided by the developer and in accordance with city standards. (Ord. 19370 § 80, 3-23-10. Code 1995 § 98-131.)
    Cross References: City engineer, TMC 2.30.110.

14.65.180 Street widths.

Mobile home parks shall have the following street widths:
(a) Minor street: Twenty-nine feet for vertical face curb; or 30 feet for rollback curb.
(b) Cul-de-sac: Ninety feet diameter back to back. (Code 1981 § 25-85. Code 1995 § 98-132.)

14.65.190 Driveways.

All driveways located within the mobile home park shall meet the requirements set forth in the standard plans and specifications promulgated by the city engineer, regulating private driveway approaches within a residential district. (Ord. 19370 § 81, 3-23-10. Code 1995 § 98-133.)

14.65.200 Walkways.

(a) All mobile home parks shall provide safe, convenient, all-season pedestrian access of adequate width between individual mobile homes, park streets and community facilities provided for park residents.
(b) A common walk system shall be provided and maintained on both sides of the park road system for mobile homes that are located on both sides of the street system and where pedestrian traffic is concentrated.
(c) All mobile home lots shall be connected to common walks, to paved streets, paved driveways or parking spaces connecting to a paved street.
(d) A common walk system shall be a minimum of three and one-half feet in width and all individual walks shall have a minimum width of two feet. (Code 1981 § 25-87. Code 1995 § 98-134.)

14.65.210 Parking.

(a) Off-street parking areas shall be provided in all mobile home parks for the use of park occupants and guests. Such areas shall be furnished at the rate of at least one and one-half spaces for each mobile home site.
(b) The required car parking spaces shall be so located as to provide convenient access to the mobile home, but shall not exceed a distance of 200 feet from the mobile home that it is intended to serve.
(c) All off-street parking areas in a mobile home park shall be constructed in accordance with the current city ordinances regulating parking lots.
(d) No on-street parking shall be used to meet the requirements set forth in subsection (a) of this section. (Code 1981 § 25-88. Code 1995 § 98-135.)

14.65.220 Street name.

Each street in a mobile home park shall have street name signs with four-inch letters of light-reflecting material. (Code 1981 § 25-89. Code 1995 § 98-136.)

14.65.230 Site address.

Each site within a mobile home park shall have installed or marked the proper address in a conspicuous place, plainly visible from the roadway adjacent to such site. (Code 1981 § 25-91. Code 1995 § 98-137.)

14.65.240 Park address.

(a) Each mobile home park will be addressed off the public street fronting the property.
(b) Address numbers for mobile home parks shall be no less than four-inch light-reflective block numbers on a contrasting background. Numbers shall be positioned as to be plainly visible and legible from the street or road fronting the property. (Code 1981 § 25-91. Code 1995 § 98-138.)
Subarticle IV. Utilities

14.65.250 Water.

A supply of city water under pressure shall be provided at every mobile home site of every mobile home park. (Code 1981 § 25-102. Code 1995 § 98-151.)

14.65.260 Drainage.

No mobile home park shall be so located that the drainage of the park area will endanger any water supply. All parks shall be well drained and located in areas free from ponds, swamps and similar places in which mosquitoes may breed. (Code 1981 § 25-103. Code 1995 § 98-152.)

14.65.270 Sewage disposal.

All sewage and other water-carried wastes shall be disposed of directly into a municipal sewer system when available. In mobile home parks in which city sewer connections are not available, disposal will be into a private sewer system which shall include a sanitary means of disposal, the operation of which creates neither a nuisance nor a menace to health; provided, that no private sewer system may be utilized or used without the approval of the health officer. (Code 1981 § 25-104. Code 1995 § 98-153.)

14.65.280 Plumbing for sewer lines.

(a) All sewer lines in mobile home parks shall be laid in trenches separated at least five feet horizontally from any water supply lines. All sewer connections and manholes shall be so constructed as to prevent surface water from entering the sanitary sewer. The sewer shall be constructed of durable materials which are corrosion resistant and shall be so installed as to remain watertight and be rootproof.
(b) Caulked joints for cast iron bell and spigot soil pipe in mobile home parks shall be firmly packed with oakum and filled with molten lead one inch deep and caulked tight.
(c) Vitrified clay sewer pipes in mobile home parks shall be whole sound bell and spigot pipe free from cracks, joined together with hot bituminous joints, or a three-part sand, one-part Portland cement mixture troweled smooth, or an approved factory-made precast joint attached to the pipe or cold mastic compound.
(d) All connections or necessary fittings or special connections in mobile home parks shall be made by the use of wyes and one-eighth bends or long sweep one-fourth bends; short pattern tee and ells are prohibited.
(e) Individual trailer unit laterals in mobile home parks shall not be less than four inches in diameter. Each trailer outlet shall terminate with five feet of standard cast iron soil pipe, a cast iron P trap and not less than a two-foot riser with top of the hub four inches above grade.
(f) Sewer mains and branch laterals with more than two trailer outlets in mobile home parks shall be terminated with a cleanout and vent stack 10 feet above grade.
(g) Each mobile home sewage outlet shall be connected to the park sewer line with suitable fittings to cause a watertight juncture to be made between the mobile home and the sewer line. (Code 1981 § 25-105. Code 1995 § 98-154.)

14.65.290 Refuse accumulation, storage and disposal.

(a) In all mobile home parks, refuse shall be accumulated, stored and disposed of in accordance with applicable state, county or city laws.
(b) At least one refuse disposition area providing adequate refuse receptacles shall be provided at a location in the mobile home park approved by the environmental code services director and the fire chief. (Ord. 17074 § 1, 1-28-97; Code 1981 § 25-106. Code 1995 § 98-155.)
    Cross References: Fire department, TMC 2.30.030.

14.65.300 Lighting.

All roadways and walkways within the mobile home park shall be lighted at night with electric lamps providing not less than 0.3 footcandle as measured on the surface of the ground and spaced at not more than 120 feet staggered, color improved 175-watt mercury mean lumen of 6,450. (Code 1981 § 25-107. Code 1995 § 98-156.)

14.65.310 Electrical power supply.

(a) Electricity shall be required for each mobile home unit, and electrical equipment shall be installed in compliance with state and local wiring codes and the National Electrical Code as adopted by the city, Articles 230 and 550. All electrical wiring in the mobile home park shall be done by licensed electrical contractors and licensed electricians. The park operator shall be responsible to see that any unsafe wiring is corrected, including the power supply cord or the permanently installed circuit from the mobile home distribution panel board to the mobile home service equipment rated not less than 50 amperes.
(b) The system and exposed noncurrent-carrying metal parts of electrical equipment and conductors shall be grounded in accordance with the provisions of the National Electrical Code as adopted by the city, Articles 250 and 550. The grounded conductor and the equipment grounding conductor shall be effectively grounded at each mobile home service center. (Note: The mobile home supply center contains one or more attachment plug receptacles with appropriate overcurrent protection.)
(c) The mobile home electrical service equipment shall be rated not less than 100 amperes, which shall be permitted to contain multiwired receptacles with a minimum rating of 50 amperes or provide a feeder assembly by permanent wiring method, either method with appropriate overcurrent protection. Means for connecting accessory buildings or additional electrical equipment outside the mobile home shall be provided and the appropriate overcurrent protection provided.
(d) The power supply to the mobile home shall be a feeder assembly consisting of not more than three mobile home power supply cords, each rated 50 amperes distinctly marked, or a permanently installed circuit; provided, however, that a mobile home that is factory-equipped with gas or oil-fired central heating equipment and cooking appliances shall be permitted to be equipped with a mobile home power supply cord marked and rated at 40 amperes. The length of the supply cord shall be not less than 20 feet nor more than 36 and one-half feet from the face of the attachment plug cap to the point the cord enters the mobile home. (Code 1981 § 25-108. Code 1995 § 98-157.)

14.65.320 Overhead electrical wiring.

Electrical service drops and all other overhead electrical wiring in the mobile home park shall have a minimum clearance of 12 feet above the ground. (Code 1981 § 25-109. Code 1995 § 98-158.)
Subarticle V. Fire Protection
    Cross References: Fire department, TMC 2.30.030.

14.65.330 Application of fire code.

All mobile home parks shall be subject to the rules and regulations of the fire code as adopted by the city. (Ord. 19250 § 17, 4-28-09. Code 1995 § 98-171.)

14.65.340 Accumulation of inflammable materials.

All mobile home parks shall be kept free of litter, rubbish and flammable materials at all times. (Code 1981 § 25-122. Code 1995 § 98-172.)

14.65.350 Storage of natural and liquefied petroleum gas.

Natural and liquefied petroleum gas for fuel purposes may be used at individual mobile home units; provided, that each unit shall not have more than two 100-pound tanks of liquefied petroleum gas in or upon the allotted space for such mobile home unit. (Code 1981 § 25-123. Code 1995 § 98-173.)

14.65.360 Making of fires.

Fire in mobile home parks shall be made only in stoves, approved incinerators or other equipment intended for that purpose. (Code 1981 § 25-124. Code 1995 § 98-174.)
Subarticle VI. Responsibilities of Park Management

14.65.370 Compliance with article – Maintenance.

The person to whom a license for a mobile home park is issued shall operate the park in compliance with this article and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition. (Code 1981 § 25-136. Code 1995 § 98-186.)

14.65.380 Keeping of register.

(a) It shall be the duty of the person operating each mobile home park to keep a register containing a record of all mobile home unit owners and tenants located within each park. The register shall contain:
(1) The name and address of each occupant;
(2) The make, model, year and manufacturer of each unit;
(3) The dates of arrival and departure of each unit; and
(4) The name of the contractors responsible for connections to the utilities.
(b) The person operating each park shall keep the register available for inspection at all reasonable hours by inspection officers, law enforcement officers, the director of environmental code services and other officials whose duties necessitate acquisition of the information contained in such register. The original records of the register shall not be destroyed for a period of three years following the date of registration. (Ord. 17074 § 2, 1-28-97; Code 1981 § 25-137. Code 1995 § 98-187.)
    Cross References: Police department, TMC 2.30.100.

14.65.390 Notification of occupants of article contents.

The mobile home park management shall notify the occupants of the mobile home park of all applicable provisions of this article and inform them of their duties and responsibilities under this article. (Code 1981 § 25-138. Code 1995 § 98-188.)

14.65.400 Supervision of placement of each unit.

The mobile home park management shall supervise the placement of each mobile home unit on its site stand, which includes securing its stability and installing all utility connections. (Code 1981 § 25-139. Code 1995 § 98-189.)

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By Melissa Brunner

Published: Jul. 20, 2020 at 9:29 PM CDT | Updated: 23 hours ago TOPEKA, Kan. (WIBW) - Fire destroyed a mobile home in southeast Topeka. Crew...