CHAPTER 4. BUILDINGS AND CONSTRUCTIONCHAPTER 4. BUILDINGS AND CONSTRUCTION\Article 7. Mobile Homes and Parks

Definitions of terms as used in this article shall be as follows:

(a)   BUILDING shall mean any structure built for the support, shelter, or enclosure or persons, animals, chattels, or property of any kind.

(b)   CAMP shall mean a trailer camp.

(c)   HEALTH OFFICER shall mean the director of Cheyenne County Health Office or his authorized representative

(d)   HOUSE TRAILER shall mean a vehicular, portable dwelling unit designed especially for short term occupancy, such as: travel trailers, campers, converted buses and other similar units whether self-propelled, pulled or hauled and are designed primarily for highway travel without a special permit; and/or doe$ not comply with all the requirements of the minimum housing code as a dwelling unit.

(e)   INSPECTION OFFICER shall mean an officer appointed by the city council of Bird City, the duties of which are hereinafter set forth, or his authorized representative.

(f)   MOBILE HOME shall mean a movable, detached single- family dwelling unit with all of the following characteristics:

(1)   Designed for long term occupancy, and containing accommodations, a flush toilet, a tub or shower bath, kitchen facilities, and having plumbing and electrical connections provided for attachment to outside systems;

(2)   Designed and constructed on a chassis that is capable of being transported after fabrication on its own wheels (or detachable wheels);

(3)   Arrive at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations; location on supports, connection to utilities, and the like;

(4)   Not necessary to be placed on a foundation as required for a permanent structure.

(g)   MOBILE HOME PARK shall mean a parcel or tract of land used or intended to be used by one or more occupied mobile homes. The term mobile home park does not include sales lots on which unoccupied mobile homes, whether new or used, are parked for the purpose of storage, inspection or sale.

(h)   MOBILE HOME SPACE shall mean a plot of ground within a mobile home park which is to accommodate one mobile home and which provides service facilities for water, sewerage and electricity.

(i)    OCCUPY, OCCUPANCY, OR OCCUPIED shall mean the use of any mobile home or house trailer by any person for living, sleeping, cooking or eating purposes for any period of four (4) or five (5) consecutive days.

(j)    PARK shall mean mobile home park.

(k)   PERSON shall mean any individual, firm, trust, partnership, association or corporation.

(l)    ROADWAY shall mean any private street located within a park or camp and providing for the general vehicular and pedestrian circulation within the park or camp.

(m)  SERVICE BUILDING as used in this chapter shall mean a building housing as of the following: Separate toilet facilities for men and women, laundry facilities and separate bath or shower accommodations. Such building may also include other associated uses such as an office and recreational facilities for the camp or park.

(n)   TRAILER CAMP shall mean the use of a parcel or tract of land, which provides space for transient occupancy, and used or intended to be used for the parking of two (2) or more trailer houses, tents or similar type of temporary living facilities. The term trailer camp does not include a parcel or tract of land on which unoccupied house trailers, whether new or used, are parked for the purpose of storage, inspection or sale.

(Code 1998, 9-101; Code 2022)

It shall be unlawful for any person to occupy a mobile home in the city unless such mobile home is located in a park and it shall also be unlawful for any person to occupy a house trailer in the city unless such house trailer is located in a camp. EXCEPTIONS:

(a)   A mobile home may be occupied on any lot or lots in the city, except where prohibited by restrictive covenant: Provided, That the lot or lots on which said mobile home occupied is owned by the owner of said mobile home: Provided further, That a permanent foundation made of concrete or concrete materials be placed under the said mobile home. This exception applies to mobile homes containing five hundred square feet (500 sq. ft.) or more of living area. The ad valorem taxation of the mobile home shall be changed from personal property to real property.

(b)   A mobile home may be occupied at a construction site by a night watchman when approved by the inspection officer, when deemed necessary for security purposes. Such permission may be canceled by the inspection officer upon three (3) days’ written notice, when in his opinion, the intent of this section is being violated.

(c)   A mobile home may be occupied other than within a park for a period not to exceed thirty (30) days when a permit is secured in accordance with Section 4-706(c).

(d)   A house trailer may be occupied other than within a camp for a period of 30 days without the necessity of a permit upon notification to the Clerk of the City of Bird City, Kansas, of the parking of the occupied house trailer on the premises, provided, however, that upon the expiration of said 30 days, the occupant shall be required to obtain a permit in accordance with Section 4-706(c). The 30 days as provided for herein shall consist of six, five consecutive day periods to be used within a 12 month period beginning at the time the house trailer is first parked upon the premises.

(e)   A camping or vacation trailer or mobile home not exceeding twenty-one feet (21’) in length may be stored in the rear yard on any lot: Provided, That no living quarters shall be maintained on any business conducted in connection therewith while such trailer or mobile home is so parked or stored.

(f)   A house trailer may occupy a mobile home space in a park for a period of 30 days without the necessity of a permit upon notification to the Clerk of the City of Bird City, Kansas, of the parking of the occupied house trailer, provided, however, that upon the expiration of said 30 days, the occupant shall be required to obtain a permit in accordance with Section 4-706(c). The 30 days as provided for herein shall consist of six, five consecutive day periods to be used within a 12 month period beginning at the time the house trailer is first parked upon the premises.

(Code 1998, 9-102; Ord. 298; Code 2022)

All persons operating parks shall obtain a park license, upon the expiration of their existing license, if any, with such new license being issued only after approval by the inspection officer and the health officer and only after payment of the required fee. All persons developing new parks after the effective date of this article shall obtain a park license before occupancy of such park, with such license being issued only after approval of the required application by the inspection officer and the health officer and only after payment of the required fee. The park licenses for both existing and new parks shall be renewed annually, twelve (12) months from the date of the previous license, after approval by the inspection officer and health officer, and after the payment of the required fee. No person shall operate a park without a current park license.

(Code 1998, 9-103; Code 2022)

All persons operating camps existing on the effective date of this code shall obtain a camp license, upon the expiration of their existing park license, with such new license being issued only after approval by the inspection officer and health officer, and new camps after effective date of this article shall obtain a camp license being issued only after compliance with, and in accordance to, the said procedure as described in Section 4-703 of this article for issuance of a park license involving approval by appropriate officers, annual renewal and payment of the required fee. No person shall operate a camp without an approval current license.

(Code 1998, 9-104; Code 2022)

Prior to occupying a mobile home or a house trailer located other than within a park or camp, a permit shall be obtained as permitted by Sections 4-702(c) and 4-702(d) with such permit being issued only after approval of the required application by the inspection officer and after payment of the required fee.

(Code 1998, 9-105; Code 2022)

License and permit fees for mobile home parks, trailer camps and a temporary permit for individual mobile homes and house trailers shall be as follows:

(a)   The annual license fee for a park shall be as follows:

(i)         One mobile home space.                                       $15.00;

(ii)        Two mobile home spaces                                      $30.00;

(iii)       Three to fifteen mobile home spaces                      $40.00;

(iv)       Sixteen to twenty-five mobile home spaces            $50.00;

(v)        Twenty-six to fifty mobile home spaces                 $70.00;

(vi)       Fifty-one to seventy-five mobile home spaces      $100.00;

(vii)      Seventy-six to one hundred fifty home spaces      $200.00;

(viii)     Over one hundred fifty mobile home spaces         $200.00

plus Ten Dollars ($10) for each ten (10) mobile home spaces, or major fraction thereof, over one hundred fifty.

(b)   The annual license fee for a camp shall be as follows:

(i)    Two house trailer spaces                                            $30.00;

(ii)   Three to fifteen house trailer spaces                            $40.00;

(iii)  Sixteen to twenty-five house trailer spaces                  $50.00;

(iv)  4. Over twenty-five house trailer spaces                      $50.00

plus Ten Dollars ($10) for each ten (10) house trailer spaces, or major fraction thereof, over twenty-five (25).

(c)   A temporary permit may be issued for a mobile home or house trailer to be occupied other than within a park or camp as permitted in accordance with Section 4-702(c) and Section 4-702(d) and within a park as permitted in accordance with Section 4-702(f) for a period not to exceed 30 consecutive days, upon the payment of a permit fee of $5.00. In no event shall a house trailer have more than 60 days, said 60 days consisting of one 30 day grace period and one 30 consecutive day permit, within any 12 month period.

(Code 1998, 9-106; Ord. 298; Code 2022)

All persons operating existing parks shall obtain the appropriate license as required by Section 4-703 and 4-704 of this chapter upon the expiration of the current park license. The inspection officer shall determine the appropriate classification for each park bases on the records that have been filed with the various departments of the city in the applications for the existing license. No addition shall be made to any existing park after the date of this code, except as permitted by Section 4-708 of this article for a new park.

(Code 1998, 9-107; Code 2022)

All persons developing new parks and camps after the effective date of this code shall make an application to the city council of Bird City for the appropriate park or camp license. Applications for mobile home parks may be made only after a development plan has been approved by the city council of the city. When platting is required, the development plan shall be submitted at the preliminary platting stage and when approved shall constitute approval by the city council of the city. When platting is not required, a sketch plan showing the relationship of the mobile home spaces to the roadways, parking, open space, and other information affecting the overall environment of the park may be submitted at any time for approval by the city council of the city.

(Code 1998, 9-108; Code 2022)

The application to the city council of the city shall be in triplicate, in writing, signed by the applicant and shall include the following:

(a)   The name, address and telephone number of the applicant;

(b)   The location and legal description of the park or camp;

(c)   Three (3) complete sets of plans showing compliance with all applicable provisions of this chapter, including a plan drawn to scale, at not less than one inch (1”) equal to one hundred feet (100’), showing the park or camp dimensions;

(d)   Number and location of mobile home or house trailer spaces;

(e)   Location and width of roadways, sidewalks, off-street parking and easements;

(f)   Location, size and specifications of buildings, sewers, waterlines and gas lines;

(g)   The location and specifications of any sewage disposal system and water supply system;

(h)   The existing topography and drainage grading plan.

The submitted plans may be approved by the city council only after they have been reviewed and approved by the health officer, and one returned to the applicant. Approval and issuance of a park license for such new parks and of a camp license for such new camps shall not be made until construction in accordance with the approved plans has been completed.

(Code 1998, 9-109; Code 2022)

An application for any addition to an existing park shall be processed as an application for a new park. The expansion of any park shall conform to this article and under no circumstances shall the total area be less than the area required for a new park.

(Code 1998, 9-110; Code 2022)

Any person desirous of locating a mobile home or house trailer in accordance with Sections 4-702(c) or 4-702(d) shall make an application to the city council for a temporary permit. Such application shall be in writing, signed by the applicant and shall include the following:

(a)   The name, address and telephone number of the applicant;

(b)   The location and legal description of property where the mobile home or house trailer is requested to be located;

(c)   Shall provide all other applicable information as follows:

(1)   Those applications requested in accordance with section 4-702(c) or 4-702(d) shall give the reason such application is being applied for and shall give the number of days the mobile home or house trailer is intended to be parked which in no event shall exceed thirty (30) days. The application shall be accompanied by a plat plan drawn to scale, showing the legal description and boundaries of the application area, location of existing buildings, and the location of where the mobile home or houses will be parked.

(2)   The connection of the mobile home or house trailer to any utility shall be in accordance with all applicable regulations of the Code of the City of Bird City, Kansas.

(Code 1998, 9-111; Code 2022)

All parks and camps shall be located in accordance with the ordinances of the city and shall be located on a well-drained site properly graded to insure adequate drainage and freedom from stagnant pools of water. Plans and specifications for the drainage and grading systems, including roadways, storm sewers and appurtenances, and general drainage and grading shall be prepared by a licensed professional engineer.

(Code 1998, 9-112; Code 2022)

Regulations for park and camp layouts shall be as follows:

(a)   AREA-Mobile home parks shall contain the minimum area as required by the zoning ordinance. Trailer camps shall contain a minimum of one thousand five hundred square feet (1,500 sq. ft.) for each trailer or camping space.

(b)   SETBACKS-All mobile homes and house trailers shall be so located as to maintain a setback no less than fifteen feet (15’) from any public street or highway right-of-way; as to maintain a setback no less than ten feet (10’) from any side or rear boundary line when such boundary is not common to any public street or highway right-of-way.

(c)   CLEARANCE-All mobile homes or house trailers shall be so located as to maintain a clearance of not less than twenty feet (20’) from any building or service building within the park or camp.

(d)   ROADWAYS AND SIDEWALKS-All mobile home or house trailer spaces shall abut upon a park or camp roadway. All roadways shall not be less than twenty-four feet (24’) for a mobile home park and twenty feet (20’) for a house trailer park, a three foot (3’) sidewalk, not less than four inches (4”) thick, being provided adjacent to each curb in all mobile home parks. In those instances where a park roadway adjoins a public street or highway, a sidewalk need only be provided adjacent to the interior side of such roadway. All roadways shall have an unobstructed access to a public street or highway, with all dead end roadways being provided an adequate vehicular turnaround with a diameter of not less than eighty feet (80’). All park and camp roadways shall be surfaced with concrete, asphalt, asphaltic concrete, gravel or crushed rock.

(e)   PATIOS AND STORAGE LOCKERS-Each mobile home and house trailer space shall be provided with a paved patio of at least two hundred square feet (200 sq. ft.). Storage lockers may be grouped in locker compounds at a distance not to exceed one hundred feet (100’) from the mobile homes they serve. The lockers shall be designed in a manner that will enhance the park and shall be constructed of suitable weather resistant materials.

(f)   OFF-STREET PARKING-Surfaced off-street parking shall be provided for each mobile home and house trailer space. No portion of the park roadways shall be used to provide the required off-street parking.

(g)   IDENTIFICATION OF ROADWAYS AND SPACES-All park and camp roadways and mobile home or house trailer spaces shall be clearly identified with letters or numerals of a light reflecting material. Such letters or numerals are to be a minimum of two inches (2”) in height.

(h)   RECREATION SPACE-Each mobile home park shall devote at least eight percent (8%) of its gross area to recreational space for the use and enjoyment of the occupants of the park. Each such recreational space shall not be less than ten thousand square feet (10,000 sq. ft.) of land area. Required setbacks and clearances, and the roadways and off-street parking spaces shall not be considered as recreational space.

(i)    SCREENING-Whenever a mobile home park adjoins an arterial street or an area zoned other than for residential use, then special protection shall be provided for the park by planting of the set back from such adjoining boundary, to create a landscape buffer consisting of coniferous and deciduous plant material.

(j)    LIGHTING-All park and camp roadways shall be lighted at night.

(Code 1998, 9-113; Code 2022)

Each park serving or intended to serve one or more house trailers and all camps may be provided with one or more service buildings which shall:

(a)   Be located no nearer than twenty feet (20’) from a mobile home or house trailer in a park nor nearer than twenty feet (20’) from a house trailer in a camp.

(b)   Be so located than any house trailer which it serves shall not be parked more than two hundred feet (200’) from it.

(c)   Be of permanent type construction and be adequately lightened.

(d)   Be of moisture resistant material to permit frequent washing and cleaning.

(e)   Have one flush type toilet, one lavatory and one shower or bathtub for females; and one flush type toilet, one lavatory and one shower or bathtub for males for up to nine house trailers. One additional unit of the above plumbing facilities shall be provided for each sex for each ten (10) additional house trailers served or major fraction thereof. All lavatories, bathtubs, and showers shall be connected with both hot and cold running water.

(f) Have adequate heating facilities to maintain a temperature of seventy (70) degrees Fahrenheit in the building and provide hot water one hundred forty (140) degrees Fahrenheit at a minimum rate of eight gallons (8 gal.) per hour for the required fixture units.

(g)   Have an accessible, adequate, safe and potable water supply of cold water.

(h)   Have all rooms well ventilated with all openings effectively screened.

(i)    Have at least one slop water closet or other facility suitable for the cleaning and sanitizing of bedpans or other waste receptacles.

(j)    Comply with all applicable provisions of the city ordinances of the city regarding the construction of buildings (and the installation of electrical, plumbing, heating and air conditioning system.

(k)   Be maintained in a clean sanitary condition and kept free of any condition that will menace the health of any occupants or the public or constitute a menace.

(Code 1998, 9-114; Code 2022)

A weather proof electrical outlet supplying at least one hundred ten volts (110 v.) shall be provided for each mobile home or house trailer space. All electrical wiring shall comply with applicable provisions of the electrical code of the city. No power lines shall be permitted to lie on the ground or to be suspended less than fifteen feet (15’) above the ground over any roadway, parking or service area.

(Code 1998, 9-119; Code 2022)

All occupied house trailers in the city shall be grounded for electrical purposes by a one-half inch (1/2”) by eight foot (8’) copper weld ground rod and bronze clamp, using not less than a number 6 AWG American wire gauge copper wire, adequately bonded to both the trailer frame and a neutral wire. Any person convicted of violating the provisions of this section shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed One Hundred Dollars ($100.00) or by imprisonment for not exceeding thirty (30) days, or by both such fine and imprisonment and shall be committed to jail until the fine and costs are paid.

(Code 1998, 9-120; Code 2022)

Regulations relating to fuel gas in the mobile home parks shall be as follows:

(a)   LIQUIFIED PETROLEUM GAS. When liquefied petroleum gas is used, containers for such gas shall not hold more than twenty-five gallons (25 gals.) water capacity; shall be the liquefied petroleum gas containers approved by the Interstate Commerce Commission for its intended purpose; and shall be integrally attached to the mobile home or house trailer in a manner approved by the Liquefied Petroleum Gas Association, In c. Such containers shall be connected to a mobile home as required by the code for any permanent structure and shall be equipped with an excess flow valve at the discharge valve of the container. Gas lines shall be buried a minimum of eighteen inches (18”) below grade from the container to a point at or below the mobile home.

(b)   NATURAL GAS. Natural gas may be connected to mobile homes or house trailers under the following conditions:

(1)   All gas lines supplying mobile homes or house trailers shall be of adequate size to provide a sufficient supply of gas that will allow all appliances in the mobile home or house trailer to operate at their normal rate of capacity.

(2)   Where a gas utility company supplies gas to individual mobile homes or house trailers the service line to the mobile home or house trailer shall be sized as required by the utility serving the same and a meter loop shall be made in accordance with the requirements of said utility company.

(3)   All gas lines including gas service lines serving the mobile home or house trailer shall be buried not less than eighteen inches (18”) below grade to a point at or below the mobile home or house trailer.

(4)   For each individual mobile home or house trailer there shall be a gas stop cock and an American Gas Association approved flexible connector.

(Code 1998, 9-121; Code 2022)

All mobile homes and house trailers in each park and camp in the city of Bird City shall be as follows:

(a)   It shall be the duty of the person operating each park and camp to keep a register containing a record of all mobile home and house trailer owners and tenants located within each park and camp. The register shall contain the name and address of each occupant; the make, model, year and manufacture of each mobile home or house trailer; the dates of arrival and departure of each mobile home or house trailer, including the name of the contractors responsible for connections to the utilities.

(b)   The person operating each park or camp shall keep a register available for inspection at all reasonable hours by law enforcement officers, assessors, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The original records of the register shall not be destroyed for a period of three (3) years following the date of registration.

(c)   It shall be the responsibility of the person operating each park and camp to notify the inspection officer of damage exceeding One Hundred Dollars ($100.00) by fire or storm to any mobile home or house trailer in his park or camp. The inspection officer shall compile all such information into categories of losses and their causes, as nearly as can be determined for future reference.

(Code 1998, 9-122; Code 2022)

Regulations relating to alterations and additions to mobile homes within a park or to a park and facilities shall be as follows:

(a)   Alterations and additions to mobile homes which are affected by provisions herein, within or to a park and facilities, shall be made only after application to the city council of the city and in conformity with all of the sections of this article.

(b)   No additions of any kind shall be built onto or become a part of any mobile home or house trailer. EXCEPTION: Accessory structures not exceeding an area of one hundred square feet (100 sq. ft.), carports and residential patio structures may be attached to or become a part of a mobile home if such structures complies in all respects to the applicable provisions of the building code of the city and with the written approval of the inspection officer.

Skirting of mobile homes is permissible only with noncombustible material, however, skirting shall not permanently attach the mobile home to the ground, provide a harborage for rodents or create a fire hazard.

(c)   Every mobile home regulated by this article shall be anchored to the ground by a method approved by the inspection officer. This anchorage shall be adequate to withstand the minimum horizontal wind and uplift pressures as set forth in the building code of the city for permanent structures. This regulation shall, from and after the date of this code, apply to all new mobile home parks and individual installations, and shall also thereafter apply whenever a mobile home is moved in, relocated, or replaced in existing parks.

(d)   A mobile home or house trailer shall not be permanently attached to the ground or placed on a concrete or masonry foundation unless it is otherwise converted to a building complying in all respects to the provisions of the Code of the City of Bird City, Kansas, for a permanent structure.

(Code 1998, 9-123; Code 2022)

Any person who shall violate any provision of this chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the city jail for a period of not exceeding one (1) year or by both such fine and imprisonment. Each day that a violation of this chapter occurs shall constitute a separate offense and shall be punishable hereunder as a separate violation.

(Code 1998, 9-124; Code 2022)