Morgan Hill Municipal Code Ch. 8.08 Mobile Home and Trailer Parks

It is the purpose and intent of this chapter to establish standards for the establishment and operation of mobile home parks to provide occupants of mobile homes with a suitable living environment, and to provide minimum protection for the public health, welfare and safety of other persons residing in the same neighborhood. The provisions of this chapter shall be liberally construed so as to give full effect to the accomplishment of the forgoing.

(Ord. 127 N.S. § 1, 1961)

The ordinance codified in this chapter may be cited and known as "The Mobile Home Ordinance."

(Ord. 127 N.S. § 2, 1961)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A. "Awning" means any shade structure installed, constructed, erected or used adjoining a mobile home, excluding window awnings.

B. "Building" means any building or structure containing public toilets, baths, laundries or sanitary facilities or storage facilities constructed for the exclusive use of the occupants of a mobile home park.

C. "Building permit" means a written authorization from the building inspector of the city authorizing the initial construction or enlargement of a mobile home park, and approving the plans submitted by the applicant setting forth the type and location of all buildings, roadways, sanitation and drainage facilities in the proposed mobile home park.

D. "Cabana" means any portable, demountable or permanent enclosure, room, building or structure to be used for living purposes constructed, erected or placed on any mobile home site within ten feet of any mobile home.

E. "Carport" means any awning or shade structure, the sides of which are less than fifty percent enclosed.

F. "Front of mobile home or trailer" means the furthest forward projection of the towing apparatus.

G. "License fee" means the fee required to be paid pursuant to the provisions of Section 5.04.420, entitled "auto trailer courts" of Chapter 5.04 of this code, which is the general licensing ordinance, and any amendments to such section hereinafter made.

H. "License or license to operate" means a written authorization issued by the city clerk authorizing the applicant to engage in the business of renting trailer spaces to the public; a license shall not be issued until all improvements required to be made by the building permit have been constructed and installed and the applicable license fee has been paid.

I. "Liquefied petroleum gas" means petroleum hydrocarbon or mixtures thereof in liquefied or gaseous state, having a vapor pressure in excess of twenty-six pounds per square inch at a temperature of one hundred degrees Fahrenheit. The symbol therefor in this chapter shall be LPG.

J. "Mobile home" or "trailer" means any camp-car, trailer, trailer coach or other vehicle with or without motor power constructed to travel on public thoroughfares and designed, constructed or used for human habitation. "Mobile home" is synonymous with the word "trailer."

1. "Expandable mobile home or trailer" means a mobile home or trailer wider than ten feet;

2. "Dependent mobile home or trailer" means a mobile home or trailer not equipped with a toilet for sewage disposal.

3. "Independent mobile home or trailer" means a mobile home or trailer equipped with a toilet for sewage disposal.

K. "Mobile home or trailer site" means any portion of a mobile home or trailer park designated and designed for the occupancy of a trailer coach, including any area that is set aside or used for automobile parking, carport, storage, awning, cabana, ramada or other structure.

L. "Mobile home park" or "trailer park" means any place, area or tract of land offered to the public for the accommodation of any trailer or any place, area or tract of land used for the accommodation of two or more trailers, whether or not offered to the public for such use, but excluding any place, area or tract of land used for the accommodation of two or more trailers for the purpose of their sale only.

M. "Permit to construct" has the same meaning as "building permit," as defined in this section.

N. "Permit to operate" has the same meaning as "license to operate," as defined in this section.

O. "Ramada" means any roof, or shade structure installed, erected or used above a trailer coach and site or any portion thereof.

P. "Site line" means the exterior boundaries of a mobile home or trailer site.

Q. "Structure" means anything which is built, constructed or erected in some definite manner, excluding mobile homes or trailers.

(Ord. 127 N.S. § 3, 1961)

Mobile home parks may be established and maintained in such districts as permitted by the zoning ordinance of the city, and subject to the regulations of this chapter and any rules and regulations which may be formulated from time to time by the health officer and the laws of the state.

(Ord. 127 N.S. § 6, 1961)

All trailers, when occupied or used for living or sleeping purposes, shall be kept within approved mobile home parks or trailer parks; provided, however, that a trailer may be so used or occupied for a period not exceeding forty-eight hours upon obtaining the prior consent of the chief of police or of his deputy. This period may be extended for three additional weeks or any fraction thereof only upon the prior consent of the city council.

(Ord. 127 N.S. § 4, 1961)

It is unlawful for any person to establish, maintain or operate or cause to be established, maintained or operated any trailer park or mobile home park in the city except upon obtaining a license therefor pursuant to the provisions of this chapter.

(Ord. 127 N.S. § 5, 1961)

Every applicant for a permit to maintain a trailer park shall file with the planning commission a verified application in duplicate containing the following information:

A. Name and address of the trailer park or mobile home park operator or applicant;

B. Name and address of the owner of the property on which trailer park or mobile home park is, or is proposed to be, located;

C. Proposed name of the trailer park or mobile home park, and the total number of trailer spaces proposed;

D. Legal description of the property proposed for the mobile home or trailer park site, and specify all deed or lease restrictions;

E. State the source of water supply and the type of sewage disposal proposed.

(Ord. 127 N.S. § 7(a), 1961)

A. In addition to the verified application, each application shall submit to the planning commission eight copies of a plot plan with the following information shown thereon:

1. The plot plan shall be to scale at a scale no smaller than one inch equals fifty feet up to ten acres, and thereafter, one inch equals one hundred feet showing the exterior boundaries of the property for the proposed trailer park;

2. The locations, names and widths of all public streets in the vicinity of the proposed park;

3. The property identifications and names of owners of properties within three hundred feet of the exterior boundaries of such park;

4. The location and size of all sewer, water and storm drain facilities adjoining the proposed park;

5. Grading plan showing existing topography and proposed grading;

6. Location, width and flow direction of all water courses;

7. Existing buildings or structures and existing uses of property;

8. Setback or plan lines on existing streets;

9. Improvements to be made to public streets or ways;

10. The location, width and type of construction of all mobile home or trailer park roadways and walkways;

11. All trailer sites, together with scaled sizes of such spaces;

12. Plans and locations of all park buildings;

13. Type of building construction, together with framing plan and elevation;

14. Complete electrical plans;

15. Unpaved areas which are to be landscaped and planting plans;

16. Fence location, if any, and detail of construction and materials;

17. All field plumbing, showing drainage system pipe sizes and give other plumbing details as may be required by the city building inspector;

18. Stormwater disposal facilities;

19. Fire hydrants, if any, locations and size of outlet connections;

20. Refuse and garbage disposal areas and facilities;

21. Specific locations for parking trailers offered for sale.

B. The planning commission shall refer one copy of the plot plan for each of the following city officers: Health officer, city engineer, superintendent of public works and building inspector, who shall review the same to determine that the plan and all improvements shown thereon proposed to be constructed meet all the requirements of this chapter and other applicable city rules and regulations with respect to buildings, roadways, walkways, drainage, water supply, sewerage disposal system and similar facilities. Each officer shall make a written report to the planning commission within fifteen days from the date of referral to him.

(Ord. 127 N.S. § 7(b) and (c), 1961)

Upon receipt of the reports referred to in Section 8.08.080(B) of this chapter, the planning commission shall at an open and public hearing determine whether the proposed mobile home park or trailer park will be in full conformity with this chapter. The planning commission need not give notice of such public hearing, but may do so by publishing a notice giving the time and place thereof in a newspaper published in the city which notice shall be published at least seven days before the date of such hearing, and also causing the same notice to be posted at a prominent place near the entrance to the proposed trailer park site, with the following letters not less than two inches in height above the notice: "Proposed Automobile Trailer Park Site." At the conclusion of the hearing, which may be continued from time to time, the planning commission shall make a report of its findings and recommendations with respect to the proposed trailer park to the city council. The report may approve the plot plan without conditions, approve the plot plan with changes and conditions, or disapprove the plot plan. Such approval may specify such additional conditions as are necessary to insure that the operation of the mobile home or trailer park will not adversely affect the character of the neighborhood in which the park is located, and may require such recreation or other special purpose areas as it may deem necessary. If a plan is disapproved, the commission shall state the reasons therefor and in what instances the plan fails to meet the requirements of this chapter.

(Ord. 127 N.S. § 8, 1961)

Upon receiving the report of the planning commission referred to in Section 8.08.090 of this chapter, the city council shall consider this report at an open and public hearing as soon as feasible and make a final decision thereon. The city council must make a finding that the establishment of a mobile home or trailer park will or will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvements in the neighborhood. The council may modify the report and conditions established by the planning commission in any manner that it deems fit in accordance with applicable laws. If the council approves the plot plan and application, then a building permit to construct a mobile home or trailer park shall be issued by the city building inspector.

(Ord. 127 N.S. § 9, 1961)

The application fee for a permit to construct a mobile home park or trailer park shall be twenty-five dollars, payable at the time of the filing of the application.

(Ord. 127 N.S. § 10, 1961)

Any permit issued for a mobile home or trailer park may be transferred upon the written application of the holder of the permit to the planning commission with the payment of a ten-dollar transaction fee and with the consent of the latter endorsed thereon. Any permit issued as provided in this chapter shall be posted in a conspicuous place in the office of the trailer park or mobile home park.

(Ord. 127 N.S. § 11, 1961)

A. The provisions of Section 8.08.070 shall apply to all applications to enlarge, change or in any way modify any mobile home or trailer park existing on the effective date of the ordinance codified in this chapter; provided, however, that in addition such application shall be accompanied by plans showing the existing park, the location of trailer sites, roadways, walkways, sanitation facilities, sewer facilities and drainage facilities situated on such existing park.

B. No permit to enlarge such existing park shall be granted unless or until such park shall meet all the requirements of this chapter excluding the requirement for the minimum park size as hereinafter provided.

(Ord. 127 N.S. § 12, 1961)

A. Upon completion of a mobile home park or trailer park pursuant to the building permit, the owner, operator or person intended to operate the same shall file an application for a license to operate with the city clerk on the form prescribed by him.

B. Upon receipt of the application the city clerk shall refer it to the superintendent of public works, building inspector and the health officer who shall inspect the park to determine if all of the improvements required to be made pursuant to the permit to construct have been constructed and installed, and that the park conforms to all of the requirements of this chapter, and upon approval thereof by the superintendent of public works, building inspector and the health officer the city clerk shall thereupon issue a license to operate.

C. The license to operate shall be for the term of two years and shall be renewed thereafter upon application and approval by the health officer that the park conforms to all of the requirements of this chapter.

(Ord. 127 N.S. § 13, 1961)

Any license to operate a mobile home or trailer park granted under this chapter may be revoked or suspended for fraud or deceit by the applicant in obtaining a license or for wilful violation of any provision of this chapter, or of a condition or limitation imposed by the planning commission or the city council in granting the application to establish the trailer park. The procedure for suspending or revoking a license shall be as set forth in Sections 14 and 15 of Ordinance No. 65, New Series of the city, entitled "Industrial Waste Ordinance," except that where the words "city engineer" are used in said sections the words "city health officer" shall be substituted.

(Ord. 127 N.S. § 14, 1961)

The city council retains the right to grant adjustments and exceptions to the provisions of this chapter in order to vary or modify the strict application thereof in cases in which there are practical difficulties or unnecessary hardships in the way of such strict application. Application for any such adjustment or exception shall be made to the city council in the form of a verified application by the owner or operator of the mobile home park.

(Ord. 127 N.S. § 37, 1961)

This section shall apply to all mobile home parks and trailer parks hereafter constructed and to all major changes or additions to existing parks:

A. Site Area. The minimum building site area for mobile home parks or trailer parks shall be three acres;

B. Trailer Site.

1. Each trailer site in a mobile home park or trailer park shall have an area of not less than one thousand two hundred square feet. Minimum width of trailer site facing onto a park roadway shall be twenty-five feet.

2. Each trailer site along the exterior line of a mobile home or trailer park shall be so designed that any part of any trailer shall be a minimum of five feet from the exterior boundary of the park and a minimum of twenty feet from any public street or alley.

3. No structure trailer shall be located so as to be closer than five feet to the dividing line within the space allotted except:

a. The front of a mobile home or trailer may be adjacent to a site line on a park roadway;

b. An unenclosed carport may be adjacent to a side site line;

c. A structure designed exclusively for storage and serving more than one site may be on or over a site line;

4. Such space shall be increased to six feet in the case of a two story trailer.

5. No more than seventy-five percent of a mobile home or trailer site shall be covered by a mobile home or trailer, buildings or other structures, and at least three hundred square feet of a site shall be free of all structures and coverage.

6. Boundaries of each site shall be permanently delineated.

7. Areas designed for the location of a mobile home shall be paved.

C. Parking. Provisions shall be made for parking two automobiles per site at a paved location other than on park roadways.

(Ord. 127 N.S. § 15, 1961)

A. To prevent overcrowding there shall be provided a minimum of forty-eight square feet in each room used as a bedroom for the first two occupants and thirty-two square feet additional for each additional occupant.

B. The living room if used as a bedroom shall be separated from the kitchen area by a full door or partition.

C. Each room used for a bedroom shall have at least an area equal to one-eighth of the floor area as window space. At least fifty percent of the windows shall be of a type that will open in order to provide adequate ventilation.

D. Doors from the toilet rooms shall not open directly into the kitchen area.

(Ord. 127 N.S. § 32, 1961)

It is unlawful for any person in a mobile home park to cause or permit to be used for occupancy:

A. Any mobile home from which any tire or wheel has been removed therefrom, except for the purpose of making temporary repairs or placing it in dead storage;

B. Any mobile home to which is attached any rigid water, gas or sewer pipes; provided, however, that metal tubing not to exceed one-half inch inside diameter may be used for water and gas;

C. Any mobile home which is permanently attached with underpinning or foundation to the ground;

D. Any mobile home which does not conform to the requirements of the Vehicle Code of the state.

E. Any mobile home which is structurally unsound and does not protect its habitants against the elements;

F. Any mobile home with a water pipe outlet which is not connected to the park sanitary sewage system;

G. Any mobile home which does not carry a current yearly license in accordance with the current registration requirements of the state;

H. Any mobile home site not occupied by a mobile home;

I. Any mobile home site on which is located more than one mobile home.

(Ord. 127 N.S. § 30, 1961)

An area or tract of land upon which a mobile home park or trailer park is maintained or operated shall be adequately graded and drained, so as to prevent standing water or muddy conditions.

A. The park shall be so drained as to prevent dumping stormwater or possible septic effluent upon adjoining property.

B. Roadways and entrances to all buildings used in common by occupants of the trailer park or mobile home park shall be paved or surfaced to city standards to keep them free of mud and water.

(Ord. 127 N.S. § 19, 1961)

The planning commission may require dedication of certain street rights-of-way to the city. The commission may require streets which front on and provide ingress or egress to a mobile home park to be fully improved, or the improvements may be as prescribed by the city engineer.

(Ord. 127 N.S. § 20, 1961)

Paved walkways at least three feet wide shall be constructed to serve each site and each building, utility building and sanitation facility. Park roadways shall be paved and give access to each trailer site and shall have the following minimum widths:

A. Roadways serving sites on both sides thereof, thirty-two feet;

B. Roadways serving sites on one side only, twenty-four feet;

C. Roadways upon which parking of automobiles is prohibited, twenty feet.

(Ord. 127 N.S. § 16, 1961)

A. All areas of a mobile home park or trailer park not occupied by paved roadways or pathways, and not otherwise occupied by park facilities, shall be landscaped and maintained. Native and ornamental trees with a height of twenty feet or greater shall be retained unless their removal is specifically allowed by the planning commission.

B. The planning commission may require that the outer boundaries of the mobile home park be enclosed on all sides by a substantial fence, a hedge or similar border of a design approved by it.

(Ord. 127 N.S. § 17, 1961)

In every mobile home park or trailer park there shall be installed and kept burning from sunset to sunrise sufficient artificial light to adequately illuminate every building containing public toilets and public showers, and any other area which the planning commission may deem necessary.

(Ord. 127 N.S. § 21, 1961)

Fire hydrants and fire protection equipment shall be provided as required and approved by the fire chief and shall conform to local ordinances and applicable state laws.

(Ord. 127 N.S. § 18, 1961)

Liquefied petroleum gases shall be handled and used in accordance with applicable state laws.

(Ord. 127 N.S. § 35, 1961)

The laws and regulations pertaining to cabanas and ramadas established pursuant to laws of the state, as amended from time to time, shall govern the construction and maintenance of cabanas and ramadas in the city.

(Ord. 127 N.S. § 36, 1961)

The health officer may formulate and enforce rules and regulations which are consistent with the purpose and intent of this chapter. The health officer is empowered to formulate from time to time and to enforce any rules and regulations that such officer may deem advisable bearing on any matters of sanitation or housing governing the operation of trailer parks or mobile home parks.

(Ord. 127 N.S. § 22, 1961)

A. Public toilets, baths and lavatories shall be installed and maintained for each sex in accordance with the following ratio of trailer sizes:

One additional toilet and one additional bath shall be provided for each sex for each fifty additional sites or fractional part thereof in excess of seventy-one sites.

B. All toilet facilities for dependent trailers shall not be farther than two hundred feet from each trailer site.

C. Each toilet shall be for the exclusive use of the occupants of the trailer sites in the trailer park or mobile home park.

D. In every mobile home park or trailer park, water closets for men shall be distinctly marked "Men" and water closets for women shall be distinctly marked "Women."

E. In every mobile home park or trailer park shower baths or other bathing facilities with hot and cold running water shall be installed in separate compartments. Every compartment shall be provided with a self-closing door or otherwise equipped with a waterproof draw curtain.

(Ord. 127 N.S. § 24, 1961)

There shall be constructed in every mobile home park the following service facilities:

A. A permanent building or compartment in a building for a laundry use, with not less than two laundry trays to be supplied with hot and cold running water for each three acres or major fraction thereof.

B. Flush toilets, in separate compartments for each sex shall be provided, necessary to conform to this chapter, for dependent and independent trailers respectively.

C. The same number of washbasins, equipped with hot and cold running water, as the required number of toilets, shall be provided and maintained in a sanitary condition within both the female and male divisions of the service building.

D. The same number of baths or showers, for each sex, as toilets required, shall be installed in each service building, or division of it.

(Ord. 127 N.S. § 23, 1961)

Acceptable means for the disposal of garbage, refuse and other waste matter shall be provided.

A. If specific disposal areas are provided, they shall be enclosed and roofed and situated no more than two hundred feet from any site to be served thereby.

B. One or more metal garbage cans of the minimum capacity of thirty gallons with tight-fitting covers shall be provided for every two mobile homes or fraction thereof.

C. All areas of the park shall be kept free and clear from the accumulation of refuse, garbage, rubbish or other debris.

(Ord. 127 N.S. § 25, 1961)

The keeping of any barn yard animal, including poultry, is prohibited in any mobile home park. Dogs shall not be permitted to run at-large.

(Ord. 127 N.S. § 28, 1961)

A. Wastewater or material from sinks or other plumbing fixtures shall not be deposited upon the surface of the ground, and all such fixtures must be connected to a sewer system.

B. The space beneath each mobile home or trailer shall be kept clear of refuse and rubbish and shall not be used for storage.

(Ord. 127 N.S. § 26, 1961)

Every person who owns or operates a mobile home park shall keep a register in which shall be entered:

A. The name and address of each guest who is the owner or operator of an automobile or mobile home, and the name and address of each member of his party for which space is rented.

B. The make, type and license number of the automobile, and mobile home, if any, and the state in which such vehicle or vehicles is or are registered and the year of registration.

(Ord. 127 N.S. § 27, 1961)

It is unlawful for any person to operate or maintain, or cause or permit to be operated or maintained, any mobile home park, unless there is a caretaker in the park at all times. The caretaker shall enforce all parts of this chapter governing the operation and maintenance of mobile home parks.

(Ord. 127 N.S. § 29, 1961)

The burning of trash, garbage and refuse is prohibited in all mobile homes or trailer parks.

(Ord. 127 N.S. § 34, 1961)

Camping in tents is prohibited in all mobile home parks.

(Ord. 127 N.S. § 33, 1961)

It is unlawful for any person to violate any of the provisions of this chapter.

(Ord. No. 2276 N.S., § 25, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 25, adopted May 2, 2018, amended § 8.08.380 in its entirety to read as herein set out. Former § 8.08.380 pertained to violation—penalty and derived from Ord. 127 N.S., § 39, adopted in 1961; and Ord. 1192 N.S., § 9, adopted in 1994.