HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 07/23/2012 ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
• Charlene Anderson, AICP, Manager
� KENT Phone: 253-856-5454
wAs III. ,o14
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
AGENDA
LAND USE & PLANNING BOARD
WORKSHOP
JULY 23, 2012
7:00 P.M.
LUPB MEMBERS:
Alan Gray, Chair; Barbara Phillips, Vice-Chair; Steve Dowell, Navdeep Gill,
Jack Ottini, Randall Smith, and Jim Sturgul
CITY STAFF:
Charlene Anderson, AICP, Planning Manager; Katie Graves, Planner; David
Galazin, Assistant City Attorney
This is to notify you that the Land Use and Planning Board will hold a Workshop
on MONDAY, JULY 23, 2012, in Kent City Hall, City Council Chambers,
220 Fourth Avenue S, at 7:00 p.m. No public testimony is taken at workshops,
although the public is welcome to attend. The workshop agenda will include the
following item(s):
1. rZCA-2012-21 KCC Chapter 12.05 Mobile Home Parks (Katie Graves)
Discussion of proposed minor amendments to the Mobile Home Parks code.
These amendments are necessary to update this code section for consistency
with the current permit process, and remove incorrect references.
You may access the City's website for documents pertaining to the Land Use and Planning Board
at: htto://kentwa.igm2.com/citizens/Default.asox?DeoartmentlD=1004.
Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-
5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-
800-833-6388 or call the City of Kent Planning Division directly at (253) 856-5499 (TDD) or the main
line at (253) 856-5454.
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ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
• Fred Satterstrom, AICP, Director
KEN T Charlene Anderson, AICP, Manager
WASHINGTON
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
July 13, 2012
TO: Chair Alan Gray and Land Use & Planning Board Members
FROM: Katie Graves, Planner
RE: Code Amendments — Mobile Home Parks, KCC 12.05
[ZCA-2012-2]
For June 23, 2012 Workshop
SUMMARY: Planning Services is submitting for Board consideration another group
of potential code amendments, in this case those found in Kent City Code 12.05,
Mobile Home Parks. This section of code is not widely used; a majority of it
establishes guidelines for new mobile home parks, which are not commonly
proposed. Other parts of this code regulate nonconforming parks. Staff has
identified several minor amendments in this code section that primarily relate to
updates in procedures, but no major amendments are proposed.
Attached is a copy of Kent City Code 12.05, with comments on code sections staff
feels would benefit from amendment.
BACKGROUND: Local planning legislation arises from many sources — Federal,
State or regional mandates; changes to local community vision; complaints; need
for clarity; updated technologies, business operations or strategies that make
existing codes outdated; conflicts with updated codes in other City departments;
and many others. As part of the Council's Strategic Plan related to transforming
regulatory processes, staff presented a draft list of all potential code amendments
at the Land Use and Planning Board workshop on July 11, 2011, which included
changes to Chapter 12.05, Mobile Home Parks. The attached amendments address
some of the items on the list presented in July, as well as other items that have
been deemed appropriate for revision.
Staff will be present at the June 23rd workshop to go over these items in more
detail.
KG\pm S'.PPermitAPlanAZONING_CODE_P MENDMENTS\2012\ZCA-2012-2 KGC 12.05PWPBP7-23-12\SGf emo.doc
Enc: Kent City Code 12.05 Mobile Home Parks (with staff comments)
cc: Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP, Planning Manager
Project File ZCA-2012-2
2
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Chapter 12.05
MOBILE HOME PARKS*
Sections:
12.05.010 Title.
12.05.020 Purpose.
12.05.030 Scope.
12.05.040 Enforcement.
12.05.050 Definitions.
12.05.060 Zoning for mobile home vehicle parks.
12.05.070 Preliminary meeting.
12.05.080 Application for mobile home park.
12.05.090 Tentative site plan procedures.
12.05.100 Preliminary site plan procedures.
12.05.110 Installation of improvements or bonding in lieu of improvements.
12.05.120 Final site plan procedures.
12.05.130 Environmental considerations.
12.05.140 Compatibility with existing land use and plans.
12.05.150 Minimum requirements and standards.
12.05.160 Structures.
12.05.170 Lot size.
12.05.180 Setbacks.
12.05.190 Lot coverage.
12.05.200 Density.
12.05.210 Common open space.
12.05.220 Landscaping.
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12.05.230 Streets, curbs, and sidewalks.
12.05.240 Installation of utilities.
12.05.250 Mobile home park alternate development plan.
12.05.260 Nonconforming mobile home park standards.
12.05.270 Minimum nonconforming mobile home park separations.
12.05.290 Exceptions.
12.05.300 Penalties.
12.05.310 Liability.
12.05.320 Eviction notices for change of use or closure of a mobile home park.
12.05.330 Relocation report and plan.
12.05.340 Certificate of completion of the relocation report and plan.
12.05.350 Notice of provisions.
12.05.360 Administration.
12.05.370 Appeal.
12.05.380 Closure and government sponsorship.
*Cross reference(s) - Planning, Ch. 2.30; planning commission, Ch. 2.57;
environmental policy, Ch. 11.03; general requirements and standards for mobile
homes park design, § 12.04.055; flood hazard regulations, Ch. 14.09; mobile home
park combining district, KCC Title 15.
12.05.010 Title.
This chapter shall be known as the city of Kent mobile home park code.
(Ord. No. 2990, § 1(12.08.030), 8-20-91. Formerly Code 1986, § 12.08.030)
12.05.020 Purpose.
The purpose of this chapter is to provide rules, regulations, requirements, and
standards for the development, closure, and change in use of mobile home parks in
the city, insuring that the public health, safety, general welfare, and aesthetics of
the city shall be promoted and protected; that orderly growth, development, and
the conservation, protection, and proper use of land shall be insured; that property
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provisions for all public facilities, including circulation, utilities, and services shall be
made; that maximum advantage of site characteristics shall be taken into
consideration and that conformance with provisions set forth in the city
comprehensive plan, zoning code, and subdivision code shall be insured.
(Ord. No. 2990, § 1(12.08.040), 8-20-91; Ord. No. 3614, § 2, 9-17-02. Formerly
Code 1986, § 12.08.040)
12.OS.030 Scope.
This chapter applies to any acquisition of land, improvement of land, or the
development of land for mobile home park use. This chapter applies to the closure
or change in use of mobile home parks. This chapter shall apply to all lands within
the corporate boundaries of the city. Where this chapter imposes greater
restrictions or higher standards upon the development of land than other laws,
ordinances, codes, or restrictive covenants, the provisions of this chapter shall
prevail. Any expansion, reconstruction, or modification of an existing mobile home
park shall comply with the standards, specifications, and procedures of this chapter.
Any units brought into an existing mobile home park, any mobile home relocated on
its own lot or onto any other lot, and any additions to the structure or structures
present on any lot, e.g., storage buildings, canopies, decks, patios, fences, etc.,
must comply with this chapter as well as all other applicable city codes and
regulations.
(Ord. No. 2990, § 1(12.08.050), 8-20-91; Ord. No. 3614, § 2, 9-17-02. Formerly
Code 1986, § 12.08.050)
12.OS.040 Enforcement.
A. Inspection. In regard to the closure or change in use of mobile home parks, it
shall be the duty of the manager of housing and human services to enforce the
applicable provisions of this chapter. In regard to all of the remaining provisions of
this chapter, it shall be the duty of the building official to enforce the applicable
provisions of this chapter after a final site plan has been approved. The manager of
housing and human services and the building official may inspect any mobile home
park in order to verify compliance with this chapter. Each mobile home shall be
inspected when it is placed on a mobile home lot to insure that all setback,
separation requirements, etc., are met. Such inspection shall be performed at the
time such mobile home is placed on the lot or as soon thereafter as is reasonably
practicable. Failure to make such inspection shall not constitute a waiver of any of
the provisions of this chapter. For inspection purposes, the manager of housing and
human services and the building official or their duly authorized representative shall
have the right and is hereby empowered to enter any mobile home park.
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B. Enforcement. The eede- ,ie�ef-the-:Fe depaFt it may c�maM ikil:me code enforcement division
require a permit for the placement of a mobile home on a lot and may charge for of the fire department"no longer exists.
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such permit. If, after due investigation, the building official determines that any
provision of this chapter has been violated, the mobile home park owner shall leave
fe,aFteer .rbe responsible to remedy the violations. Enforcement of this
chapter by the building official shall be in accordance with KCC 1.04. Ca ment[k2]:This replaces outdated
correction n,neiines and process mthose
standardized In KCC 1.04
fewva�ded-Ee-t#e-e+ty- .Os..-�'9&�Re�aft+e��-tftc�= ------------------------------------
dbf�
iga ie+r,-Enforcement of this chapter bKthe manager of housing and
human services detc��rt�r^rep-that-a-�Fo-v+s+e�-ef-Ektirse#aptef=kras-�.eer. v�o-fated;
er} eFht defshall be in accordance with KCC 12.05.360.
(Ord. No. 2990, § 1(12.08.060), 8-20-91; Ord. No. 3614, § 2, 9-17-02. Formerly
Code 1986, § 12.08.060)
12.05.050 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:
Accessory structure shall mean any structure on an interior mobile home lot or site
that is appurtenant to the principally permitted mobile home or nonconforming
recreational vehicle. For purposes of nonconforming mobile home parks, carports,
and porches open on three (3) sides shall not be considered accessory structures.
Combining district shall mean district regulations superimposed on an underlying
zone district which impose additional regulations for specific uses, and which are
valid for a stipulated time period. Uses permitted by the underlying zone may also
be developed.
Common open space shall mean a parcel or parcels of land or an area of water or a
combination of land and water within the site designated for a mobile home park
which are designed and intended for the use or enjoyment of residents of the park.
Common open space may contain such complimentary structures and
improvements as are necessary and appropriate for the benefit and enjoyment of
residents of the mobile home park. Common open space may also include all
landscaped buffer areas.
••••-,nf rerrrr rcxcccrr'cru.�r+se-t#e 1502075ftorccoonestereigede(inlnonin KCC
�rpreWerrswe-pk- �#a.. r.rv�.r-Akre-pFarter-+'rrary4 re,#-eea+p' [ ]
6#apte�3=5:�-fF�V1�-er-F�EV1r-T.-rt.�� s-..,"<-. Cam rehensive (an means the document4
including maps ado ted b the cit council which outlines the cit `s oals and
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policies relating to mono ement of rowth and re aced in accordance with
Cha ter 36.70K RCW. The term also includes ado ted subarea lans prepared in
accordance with Chapter 36 70K RCM
Conditional use and conditional use permit shall mean a use permitted in a zoning
district only after review and approval by the hearing examiner. Conditional uses
are such that they may be compatible only on certain conditions in specific locations
in a zoning district, or if the site is regulated in a certain manner.
County auditor shall be as defined in Chapter 36.22 RCW or the office of the person
assigned such duties under the King County Charter.
Cul-de-sac shall mean a short street having one (1) end open to traffic and being
terminated at the other end by a vehicular turnaround.
Dedication shall mean a deliberate appropriation of land by its owner for any
general and public uses, reserving to himself no other rights than such as are
compatible with the full exercise and enjoyment of the public uses to which the
property has been devoted. The intention to dedicate shall be evidenced by the
owner by the presentment for filing of a final site plan showing the dedication
thereon; and, the acceptance by the public shall be evidenced by the approval of
such site plan for filing by the city.
Dependent unit shall mean a mobile home that does not have toilet and bathtub or
shower facilities.
Developer shall mean the person, firm or corporation developing a mobile home
park.
Hearing examiner shall mean that person appointed by the city administrator to
conduct public hearings on applications outlined in Ch. 2.32 KCC creating the
hearing examiner, and who prepares a record, findings of fact and conclusions on
such applications.
Independent unit shall mean a mobile home that has a toilet and bathtub or shower
facilities.
.and Use and Planning Board shall mean the city Land Use and Planning Board as Ca melA[ka]:Planning Commission does not
defined in this code. =gag nnoaedfrom Planning Commission definition
below
�Lofi means a aicel of land of at least sufficient size to meet minimum zoning Ca melA[I6]:Amendment tobeconsistent
re uirements for use covera e and area and to rovide such ards and other wi th can nit on of Lot in ls.02225.
-------------------------------------
o en s aces as are re uired in this title. Such lot shall have frontage on an
im roved ublic street or on an a roved rivate street and ma consist of:
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AuK single lot of record°
BuK portion of a lot of record°
C. A combination of com lete lots of record and onions of lots of recordD. K arcel of land described b metes and bounds°
rovided that in no case of division or combination shall an residual lot or arcel
be created which does not meet the requirements of this title
w th
Lot, comer shall mean a lot abutting upon two (2) or more streets at their
intersection, or upon two (2) parts of the same street, such streets or parts of the
same street forming an interior angle of less than one hundred thirty-five (135)
degrees within the lot lines.
4ot frontage' hall mean the front of a lot shall be that portion nearest the street or, C�meM[M]:Amended for consrstenryw th
if the lot does not abut a street theportion�nearest an i resslegress easement -------------------------------------
1502235
On a corner lot the front and shall be considered the narrowest part f�thelot that
fronts on a street exce tin industrial and commercial zones in which case the
user of a corner lot has the o lion of determinin which art of the lot frontin on a
street shall become the lot frontage.the-front
the-street.
Lot lines shall mean the lines bounding the lot.
Lot measurements shall mean:
1. Depth of a lot shall be considered to be the distance between the foremost points
of the side lot lines in front and the rearmost points of the side lot lines in the rear.
2. Width of a lot shall be considered to be the distance between the side lines
connecting front and rear lot lines, provided, however, that width between side lot
lines at their foremost points (where they intersect with the street line) shall not be
less than eighty (80) percent of the required lot width except in the case of lots on
the turning circle of cul-de-sacs, where the eighty (80) percent requirement shall
not apply.
Lot, through shall mean a lot that has both ends fronting on a street. Either end
may be considered front.
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Meander line shall mean a line along a body of water intended to be used solely as
a reference for surveying.
Mobile home shall mean a factory constructed residential unit with its own
independent sanitary facilities, that is intended for year round occupancy, and is
composed of one (1) or more major components which are mobile in that they can
be supported by wheels attached to their own integral frame or structure and towed
by an attachment to that frame or structure over the public highway under trailer
license or by special permit.
Mobile home lot or site shall mean a lot or site designed to accommodate a mobile
home in a mobile home park.
Mobile home park shall mean an area under one (1) ownership designed to
accommodate five (5) or more mobile homes according to the provisions of this
chapter.
Nonconforming use or structure shall mean any mobile home park, individual
mobile home, recreational vehicle, accessory structure, mobile home lot or site
dimension established prior to the effective date of this chapter or subsequent
amendment to it which would not be permitted by or is not in full compliance with
the regulations of this chapter.
Official plans shall mean those maps, development plans, or portions thereof,
adopted by the city council as provided in RCW 35A.63.100, as amended. Such
plans or maps shall be deemed to be conclusive with respect to the location and
width of streets, public parks, and playgrounds and drainage rights-of-way as may
be shown thereon.
Performance bond or guarantee shall mean that security which may be accepted in
lieu of a requirement that certain improvements be made before the city council
approves the final site plan including performance bonds, escrow agreements, and
other similar collateral or surety agreements.
�Rkraa{ag-se�t�tissiea�s#aFF- teas e-etty-pFaaai�tg-sent his commalre[k7]:Planning Commission does not
Eede- exist Land Use and Planning Board definition added
above
Recreational vehicle shall mean any vehicle or structure so designed and
constructed to permit occupancy thereof, with sleeping quarters for one (1) or more
persons, and constructed in such manner as to permit its being used as a
conveyance upon the public streets or highways and duly licensable as such,
propelled, drawn or transported by its own or other power.
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Service building shall mean a building housing separate toilet, lavatory, and bath or
shower accommodations for men and women, with separate service sink and
laundry facilities.
Setbacks shall mean the minimum allowable horizontal distance from a given point
or line of reference, such as a street right-of-way, to the nearest vertical wall or
other element of a mobile home or appurtenant structure. All setbacks from a line
of reference shall be measured on a line perpendicular to said line of reference.
(Ord. No. 2990, § 1(12.08.070 - 12.08.100), 8-20-91; Ord. No. 3008, § 1, 10-15-
91. Formerly Code 1986, §§ 12.08.070 - 12.08.098)
Cross reference(s) - Definitions and rules of construction generally, § 1.01.030.
12.05.060 Zoning for mobile home vehicle parks.
Mobile home parks shall be developed in existing mobile home park zones or in
mobile home park combining districts as they may be designated by the city
council. All land zoned for residential uses, except the Rl, single-family residential
district, may be considered for a mobile home park combining district.
(Ord. No. 2990, § 1(12.08.101), 8-20-91. Formerly Code 1986, § 12.08.100)
Ca ment[IB]:A pre application meeting is
Ideal for this process,and Is noted In 1205.080.
"'P p2f=.xefl-W tIG]iE}FTtE:pad{EtKt-th2-Etty-=.�fia{{-£6RStfFt-E]fie
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s
(Ord. No. 2990, § 1(12.08.210), 8-20-91. Formerly Code 1986, §§ 12.08.200,
12.08.210)
I12.06.080 Application for mobile home park.) Ca ment[K ]:Amendments outline a process
thatls cunslstentwlth the current permitting
The general procedure for submitting and processing applications for a mobile home process
park are as follows: preparation and submission aftr+irr�a+t,,,errt-;r`a
teRttat+� ef-Ekte-p�opor.,ed-rr+ebF4e-ho-rr+e- akof a rp e-application conference
form for subdivisionlmobile home park; submission of a preliminary site plan to the
Permit Center usin the forms fora reliminary subdivision aoplicationsite-paap to
E#e-plaRaiR ettt��public hearing before the hearing examiner and city
council-fer-pbf #ea#ag; installation or bonding of improvements according to the
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approved site plan; and recordation of the approved final site plan with the
planning department and city clerk.
(Ord. No. 2990, § 1(12.08.220), 8-20-91. Formerly Code 1986, § 12.08.220)
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12.05.100 Preliminary site plan procedures.
A. Zoning. If the proposed mobile home park lies within an existing mobile home
park combining district (MHP), the procedure for processing the mobile home site
plan shall be as outlined in .6E'�-1-2.G-5 &Rgan application for R+ob+4e-k&ffve
pa�4Epreliminar�plat(mobile home site plan and shall be processed in accordance
with the procedures established-for-Process IV a plications under Ch. 12.01 KCC. If
the proposed mobile home park does not lie within an existing MHP zone, an
application for the mobile home combining district shall be applied for and
considered concurrently with the iFt�te-pkaRapplication for preliminary
platlmobile home site plan. The ap lication shall be rocessed in accordance with
the rocedures established for Process IV a lications Ch. 12.01 KCC.
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k� 4iag-�epartFneat-t kte-fepa.�..v^` `h��'^�a�striet�
aae4-..a��.-e.`tkt�t. . Fe kte-a+o-k�iFe-Fio�r+a
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avit#-tk�e-�FaRaiFtg-�epar�,,,er�t-�..`:,:�tc�r{-1- o � tkre-preFia�i++aF�}-site
te-plan-s+eet+Ft9-+ e -t��a �e'f
t�+ay- � tkrefx-Feeea+ krat-tir�+e:
E:-RFefiFra�Fy�;~e-pF�aa+rreeE paFt,,,er�t-�.;aF4-eee�r+paFe-tkre
app{�ea:�s�2t �4-skraN-Feae#a-dee+�
avketkter-a-pFeE+ffrfffary-".si te-pFa�t-tr+eetittg-frr-�teeessa
aftc-v=tFi `.f,'a.rtfs�s�.-&-preFi�riaa etiFtg+�ray-g..s<:.en�eu J
aeee`.,sar-y-+rehea-tkter eRees betty efv -the-tcntatiu ,4
pvef+F»taa tkr._ ^�����:�,`of-a-�reffF»iFtary-"�+Ee-p4aa
+�reetFag-.#aF4-k�e-Fuser#-o-Fr-tkfe-feNo-wwa�}f:e��sk#eFatFeasr
11
14
1—Fkre-degree- eeR-tkr , —tkre-pvef+f'xriRa�ysite
at+ve=mite-pFart� - . .te-pFa.R.fef:
the-saRre�erty=
+es�rFt+Rg-�e�r+-okr}eet+ens-r-aisedat-tkre-teRk�t:t�ess+E€�iRg:
4eaf;ng-e +per-Re ar+Rg-e# �a Rgs
st-eR th Rd-if-tkre-P4HR-c#i..triet
&ved, .sit�p'FaR-T#e#e kre- ra Fie
hear .r^^eg' ,, t�224i+'a+Rar}`-e+Ee-p+ar+r urr u e e.e
REt}— c7t{ESFG-be•-S d-c'7t-{Past-f45f=�}�-
€rv�{45}days pr+ov-te-thy.^�;cT- .� sha{k
k}e-ktear�-key-tkre-Hear+Rg-e�a�RiEk+ra'e�rt���ReFred-�09}-c#ays-ef-th�datc �`tkre
app{'""�rcvercm 'hr^s-�eFt9d-fTtay-be-27EteR �'t at
+R? Fk+e-Fiear+Rg-e�arrtr:��^.;�'rrfev�aa�d-rts
reee+x+ ty-eetrR..�.�-:^�:^�ear+Rg-e RrRex=.# tth
tkte-e+ riod-pr ear+Rg-ov-wit#iR
fettrrteer .r-of-tkr..ti-�r�s«`'-n:.:e . w+tktiR
t#Frty-(3&}-days-of-+eee+pt ef-tkre-hear+Rg-e�aR+ic�er��eeef�+
pfaaRFRg-�epa�t,,,er�t-^.;aN'-g+ve-Ro-tieeef-tkre-hea#Rg-irrtFie-feNowiRg-R+a'RRer=
1-t3Re-{-�}-Ro-tieeef-tkrra� eartt�g-=.#aF4-be-po-stec�-oR- t-to--tk+e-s�- t
property-at-4easst-teR-f-1-0}-days .
2-0Re-{--}-Rotieeof-tkre-pEeariRg-=.#aFF-be-g.
`. etiee=�# oper`ty-awRef= aFred-f�9&}
€eet-and-w#eR-rteterR+ia{.ecry�-qb�y-tkr ^` {., ..of-tkre
i."�ta"..�T"VfT10�'�t�{} �tYt.'. Y' J�eet-CTtYte'appi ••'4(CGCYCRT•••••. .Ciu��fT�VCCi. 4�`L.�a
sent-tear{-�4j-dates- ari'Rg-F"#e-fai4E+re-of-aR'y-property-owner-to
-r...�..,-vv s�.� :�etteeof-kreearir+g-wi{F-Rot-+Rea e-pr
4- {E'-'tearFRg-RE}t =. ie-a-Fe�aF- (:..s£rtptl@R-6f-tkte-�QEatt9R-6f-tkte-pf=
rrrob+4e-k+ Rd-eFtkFer-aa--V+etR ptioR-iR
nGR g�fBgP:
GB. Health agency recommendation. The health agencies responsible for approval
of the proposed means of sewage disposal and water supply shall file with toe
planning depa+trr+eRtservices, prior to the hearing examiner's public hearing on the
12
15
preliminary site-pFa-nplat(mobile home site plan, written statements as to the
general adequacy of the proposed means of sewage disposal and water supply.
+F-Gitye„ ;e;;�rctierr—Fkre-e+ty-eery a#aa9-w Mitt-tkrf+ly-f�.,&}
days-ef-tkre-E#atee tkre#ea#tng-e�ar�+itter`�-�eeef�+r�+e�tdatieFr:
Eens
i�riaa�y v+te-p'�s-ef-ally-pry r�+ek}i{e-kto�+e-{�arf�skraH
k}e-app�o-ver#,-�i�.>app�o-� o-r-retu:-n��' tc t
fd M 4Tte�f 'NCY"
3C. Expiration date. If the use for which the MHP district site plan was approved is
not begun within one (1) year, approval of the MHP district and preliminary site
plan shall lapse one (1) year from the date of such approval unless the city council
grants an extension of time for a period of not greater than one (1) year.
(Ord. No. 2990, § 1(12.08.250 - 12.08.260), 8-20-91. Formerly Code 1986,
§§ 12.08.250 - 12.08.260)
12.05.110 Installation of improvements or bonding in lieu of
improvements.
A. Tangible improvements may be required before a final site plan is submitted.
Every developer may be required to grade and pave streets and alleys, install curbs
and gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water
mains, and street name signs, together with all appurtenances thereto in
accordance with specifications and standards of this chapters app eved-by-the
depart and in accordance with other standards of the city.
B. The department of public works shall be responsible for the supervision,
inspection, and acceptance of all required mobile home park improvements4nd
skta4l-make-a-eka�ge-te-tke-deae4oper-+a-tke-affree�tke-keest-to-tke-ei�y:
-Fhe-keu�r,reec�^�.r,N-raeltrde-tFie-vrages-e�tke-tasfieeter-c.n�the-��`�eec�Ee�€r+aye
kieaefitses+4c-�+4 ed-ea-Ica-hoa�4y-basis. commalre[kio]:aNs fee schedule includes
cost of inspection for various permits
C. Prior to proceeding with the mobile home park improvements as are necessary,
the developer shall make application for such permits from the city. The developer
is responsible for complying with all permit requirements of federal, state, and local
agencies.
D. No final site plan shall be submitted to the city council until all improvements are
constructed in a satisfactory manner and approved by the responsible departments
or a bond has been satisfactorily posted for deferred improvements.
13
16
E. If a developer wishes to defer certain onsite improvements until construction,
written application shall be made to the department of public works and planning
depa&tm---i t-services stating the reasons why such delay is necessary. If the
deferment is approved, the developer shall furnish a performance bond to the city
in the amount equal to a minimum of one hundred fifty (150) percent of the
estimated cost of the required improvements. The decision of the city engineer and
planning director as to amount of such bond shall be conclusive. Such bond shall
list the exact work that shall be performed by the applicant and shall specify that all
of the deferred improvements be completed within the time established by the
department of public works. If no time is established, then not later than one (1)
year after approval of the final map by the city council. The bond shall be held by
the city clerk. The developer may substitute an assignment of funds in lieu of a
performance bond. Such assignment shall be made payable to the finance director
and shall be in the same amount as the bond it is substituting. The city reserves
the right, in addition to all other remedies available to it by law, to proceed against
such bond or other payment in lieu thereof. In case of any suit or action to enforce
any provisions of this chapter, the developer shall pay unto the city all costs
incidental to such litigation including reasonable attorney's fees. The applicant shall
enter into an agreement with the city requiring payment of such attorney's fees.
The requirement of the posting of any performance bond or other security shall be
binding on the applicant, his heirs, successors and assigns.
F. The department of public works shall notify the-planning departm- Rt-services in
writing of the improvements deferred, amount of bond or check deposited, time
limit of bond or check, name of bonding company, and any other pertinent
information.
G. The department of public works shall submit a certificate in duplicate to t#e
planning dep rtm-eFvt-services verifying that the developer has completed the
required installations and/or bonding in accordance with the provisions of this code
and the specifications and standards of the departments. One (1) copy of the
completed certificate shall be furnished to the developer by toe-planning
depaFtm-eit services together with a notice advising himLher to proceed with
preparation of a final site plan for that portion of the area in which minimum
improvements have been installed and approved or adequate security has been
posted. Certificate originals shall be retained by the-planning departm-ewtservices.
(Ord. No. 2990, § 1(12.08.270 - 12.08.275), 8-20-91. Formerly Code 1986,
§§ 12.08.270 - 12.08.275)
12.05.120 Final site plan procedures.
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17
A. Application for the final site plan approval shall be filed with the pig
depa�t,,,Lr�t-^�`�s-pres tkre-� past
trks�tedlpermit center using the
=plication for final plat/final mobile home site plant. Ca ment[K31]:Ideal to fol I ow current permit
process
B. T4-- Raksit-�R-bel
+epFe`-�eeatia9-o-Fr..:<.r�rc.�0 Icy-etFiei=avi� pf= e-plar�Fti�t9
depart,,,Lrr�t-;r.^.;eetrr-e+gF�taeff-�-1-8-}-by- e{-�2}+aektes-F es-ef
. Approval of the final site plan shall be
evidenced by the signatures of the director of public works and planning director on
the site plan. The approved site plan shall then be filed with the city clerk and
planning department.
C. A permit to occupy a mobile home park shall be issued by the building
depa-FtFa€wtofficial.
(Ord. No. 2990, § 1(12.08.280), 8-20-91. Formerly Code 1986, § 12.08.280)
12.05.130 Environmental considerations.
A. All mobile home parks shall provide for the protection of valuable, irreplaceable
environmental amenities and make the mobile home park development as
compatible as possible with the ecological balance of the area. The goals are to
preserve drainage patterns, prevent erosion and to preserve trees and natural
vegetation. This is beneficial to the city in lessening the costs of the development to
the city as a whole, and to the developer in creating an attractive and quality
environment. Land which is found to be unsuitable for development includes land
with features likely to be harmful to the safety and general health of the future
residents (such as lands adversely affected by flooding, bad drainage, steep slopes,
and rock formations). Land which the city council considers inappropriate for mobile
home park development shall not be so developed unless adequate methods are
provided as safeguards against these adverse conditions. If any portion of the land
within the mobile home park is subject to flood, or inundation, or is in a flood
control zone according to Chapter 86.16 RCW, that portion of the mobile home park
shall have written approval of the State Department of Ecology prior to the city
council hearing on the preliminary site plan. Every reasonable effort shall be made
to preserve existing trees.
B. Every effort shall be made to preserve existing streams, bodies of water,
marshes, and bogs. If a stream passes through any of the subject property, a plan
shall be presented which indicates how the stream will be preserved; methodology
should include an overflow area, and an attempt to minimize the disturbance of the
natural channel and stream bed. The piping or tunneling of water shall be
15
18
discouraged and allowed only when going under streets. Every effort shall be made
to keep all streams and bodies of water clear of debris and pollutants.
C. Any mobile home park lying within an area subject to national flood insurance
regulations must comply with those regulations when such regulations are more
restrictive than this chapter.
(Ord. No. 2990, § 1(12.08.300, 12.08.310), 8-20-91. Formerly Code 1986,
§§ 12.08.300, 12.08.310)
12.05.140 Compatibility with existing land use and plans.
A. Mobile home parks shall provide buffer strips along all boundary property lines.
All buffer strips shall be at least ten (10) feet in width. No plan for a mobile home
park shall be approved by the city council unless the streets shown therein are
connected by surfaced road or street according to city specifications to an existing
street or highway.
B. The location of all streets shall conform to any adopted plans for streets in the
city. If a mobile home park is located in the area of an officially designated trail,
provisions may be made for reservation of the right-of-way or for easements to the
city for trail purposes. A grading permit shall be required as per the International
Building Code,04e-lateraatieaal-&es,deRtR�, 'pr other applicable building c�maMlkizl:The mternanonaiResidential
codes, as adopted and amended in Ch. 14.01 KCC, prior to any grading or filling. Code contains no requirements for gadiogpermits
(Ord. No. 2990, § 1(12.08.320, 12.08.330), 8-20-91; Ord. No. 3690, § 12, 5-4-04.
Formerly Code 1986, §§ 12.08.320, 12.08.330)
12.05.150 Minimum requirements and standards.
Mobile home parks shall comply with the following minimum requirements and
standards:
1. A minimum of five (5) mobile home spaces shall be required in a mobile home
park.
2. A mobile home park containing more than twenty (20) spaces shall have at least
two (2) places of access, at least one (1) of which shall be on a major or secondary
street as defined by the city street plan.
3. A fixed lighted map indicating unit numbers, and street names shall be placed at
all entrances of the mobile home park.
4. The distance from the#o entrance or exit€Fern+-of a mobile home park to the
street intersection shall conform to the separation requirements outlined in the k:ity
16
19
of Kent Desioa and Construction
Stahn�dards. rc c e te Mk13m appropriate to
apply
.p@ aro shedtiegwrementstha re
ledsbanthet°rewrnion Standards
street. ------------
5. One (1) access may be for emergency use only.
6. A ten (10) foot minimum width buffer strip will be required on all boundaries of
the mobile home park. A wall, one hundred (100) percent sight-obscuring fence or
landscape screen shall be established along all boundaries of the park. The ten (10)
foot buffer strip inside this sight-obscuring screen may be part of mobile home lots
or may be an area maintained by the mobile home park management.
(Ord. No. 2990, § 1(12.08.340 - 12.08.343), 8-20-91. Formerly Code 1986,
§§ 12.08.340 - 12.08.343)
12.05.160 Structures.
A. The only permanent dwelling allowed in the mobile home park may be a single-
family dwelling for the owner or manager. Service buildings are optional for mobile
home parks serving only independent mobile homes. All service buildings shall be
designed to comply with State Health Department requirements. A permanent
storage facility may be provided for each lot. One (1) central storage building for
the park as a whole is permitted. Separate permits will be required for all
permanent structures.
B. Pads for individual mobile homes are optional on a complete development basis.
No mobile home placed on such a site shall overhang the edges of the pad. All
plans and construction of pads, foundations, and tiedowns for mobile homes are
subject to approval of the city eede-eFifc.cer:.er«dcpa4mra tbuildina official.
(Ord. No. 2990, § 1(12.08.344), 8-20-91. Formerly Code 1986, § 12.08.344)
12.05.170 Lot size.
Each mobile home lot shall contain a minimum of three thousand (3,000) square
feet. Lot widths shall be as follows:
Type of unit Minimum lot
width
Single 40 feet
Double 50 feet
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20
Actual lot dimensions shall be determined by the dimensions of the particular
mobile home which the particular lot is designed to accommodate together with the
setback and separation requirements.
(Ord. No. 2990, § 1(12.08.345), 8-20-91. Formerly Code 1986, § 12.08.345)
12.05.180 Setbacks.
A standard setback of five (5) feet is required from side and rear lot lines. A ten
(10) foot setback is required from the front lot line defined as that lot line facing
the access street or the shorter lot line of a corner lot. All setbacks are subject to a
minimum separation requirement of fifteen (15) feet between mobile homes and
appurtenant structures and other mobile homes or permanent structures. On a
corner lot, the side street side yard setback shall be ten (10) feet. For lots abutting
the perimeter of the mobile home park, the five (5) foot rear yard setback shall be
measured from the inside of the ten (10) foot buffer strip. Each site shall be clearly
defined by a permanent marker. This marker must be clearly visible from a vehicle
located on the road providing direct access to the lot.
(Ord. No. 2990, § 1(12.08.346), 8-20-91. Formerly Code 1986, § 12.08.346)
12.05.190 Lot coverage.
No more than forty (40) percent of any lot shall be covered by a mobile home and
enclosed accessory structures, excluding open carports.
(Ord. No. 2990, § 1(12.08.347), 8-20-91. Formerly Code 1986, § 12.08.347)
12.05.200 Density.
The density of the mobile home park shall not exceed the density of the underlying
zone and in any case shall not exceed nine (9) units per gross acre.
(Ord. No. 2990, § 1(12.08.348), 8-20-91. Formerly Code 1986, § 12.08.348)
12.05.210 Common open space.
A ratio of at least five hundred (500) square feet of common open space area
exclusive of area contained in individual lots shall be provided for each mobile home
lot. Paved and floor areas of enclosed structures devoted exclusively to recreation
may be counted as common open space area.
(Ord. No. 2990, § 1(12.08.349), 8-20-91. Formerly Code 1986, § 12.08.349)
12.05.220 Landscaping.
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21
Landscaping shall be provided within the ten (10) foot buffer strip according to a
detailed landscape plan approved by the planning department. Completion of such
detailed landscape plan and the actual installation of such landscaping or the
alternative bonding of same shall be a condition of the preliminary site plan
approval for any mobile home park. If the installation of the approved landscaping
is to be delayed, a surety bond of not less than one thousand dollars ($1,000) per
gross acre of the mobile home park subdivision shall be prepared guaranteeing to
the city the landscaping of the mobile home park in accordance with the approved
plan. The amount of the landscape bond will be determined by the planning
department.
(Ord. No. 2990, § 1(12.08.350), 8-20-91. Formerly Code 1986, § 12.08.350)
12.05.230 Streets, curbs and sidewalks.
A. In certain areas due to existing or planned circulation systems it may be
necessary for the city to require public rights-of-way to be provided within the
mobile home park development. When the provision of such rights-of-way is
necessary, the right-of-way width, paving width, and other standards shall be the
same as would be required had the mobile home park development not taken
place. The mobile home park perimeter buffering requirement shall be applied
along these rights-of-way. Public streets will be required, only when absolutely
necessary. Ownership of park streets not open to public circulation shall remain
with the park ownership and shall be their responsibility to maintain. These streets
shall have asphaltic or concrete surfaces and concrete or asphalt curbing shall be
provided along both sides of all streets except where curb cuts are necessary for
driveways. The minimum paving width for all streets within the mobile home park
shall be thirty (30) feet.
B. Each mobile home lot shall have a minimum of two (2) onsite automobile
parking spaces. If parking for recreational vehicles will be permitted, the mobile
home park shall provide screened, secure parking and storage areas for boats,
campers, travel trailers, and related devices on a ratio of one (1) space per ten (10)
mobile homes in secluded portions of the park. One (1) additional parking space for
every ten (10) mobile home spaces shall be provided for guest parking. No parking
for any reasons other than emergencies shall be allowed on any street within the
mobile home park.
C. Sufficient illumination shall be provided between sunset and sunrise to illuminate
adequately the roadways and walkways within the mobile home park. Plans for
illumination must be approved by the engineering department.
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22
(Ord. No. 2990, § 1(12.08.351, 12.08.353), 8-20-91. Formerly Code 1986,
§§ 12.08.351, 12.08.353)
12.05.240 Installation of utilities.
A. All utilities designed to serve the mobile home park shall be placed underground.
Any utilities located in a planting strip shall be placed in a manner and depth to
permit the planting of trees. Those utilities to be located beneath paved surfaces
shall be installed, including all service connections, as approved by the department
of public works. Such installation shall be completed and approved prior to the
application of any surface material. Easements may be required for the
maintenance and operation of utilities as specified by the engineering department.
B. Sanitary sewers shall be provided at no cost to the city and designed in
accordance with city standards.
C. An adequate drainage system shall be provided for the proper drainage of all
surface water. Cross drains shall be provided to accommodate all natural water flow
and shall be of sufficient length to permit full-width roadway and required slopes.
The size of openings to be provided shall be determined by Talbot's formula, but in
no case shall the size of openings be less than twelve (12) inches. All mobile home
parks must comply with city drainage ordinances.
D. The water distribution system including the location of fire hydrants shall be
designed and installed in accordance with city standards as defined by engineering
and fire department ordinances and requirements.
E. All electrical hookups shall comply with the National Electrical Code. Permits shall
be obtained from the state electrical inspection division.
(Ord. No. 2990, § 1(12.08.354), 8-20-91. Formerly Code 1986, § 12.08.354)
12.05.250 Mobile home park alternate development plan.
A. A mobile home alternate development plan may be substituted in its entirety
only for KCC 12.05.180, 12.05.190, 12.05.200, 12.05.220 and 12.05.230(C). As an
alternative to use of the established pattern of mobile home park development, the
developer may adopt a plan which divides the mobile home park into specific areas
for mobile homes, for recreation and for service uses.
B. Mobile homes may be located within this area with no regular lot divisions. A
plan of site locations clearly showing the maximum dimensions of any mobile home
and related structures to be placed at each site shall be substituted for appropriate
portions of the preliminary and final site plan requirements. The required fifteen
20
23
(15) foot separation between mobile homes must be observed as well as setbacks
of twenty (20) feet from the perimeter, ten (10) feet from the limits of any
recreation and open space area, ten (10) feet from any interior park street and five
(5) feet from any walkway. A passage clear of any permanent obstruction must be
available to each mobile home site of sufficient clearance to enable the movement
of the mobile home to that site. No part of any mobile home shall be located more
than one hundred fifty (150) feet from an access road. All sites shall be identified
by site numbers in four(4) inch minimum height numerals placed so as to be
clearly visible from a vehicle located on the access road. A minimum of two (2)
parking places shall be provided for each mobile home site at a distance of no more
than one hundred fifty (150) feet from such site. One (1) additional parking space
shall be provided every ten (10) mobile home sites for guest parking. One (1)
screened secure parking space for every ten (10) mobile home sites shall be
provided for recreational vehicle parking in a secluded portion of the park. All areas
between mobile home sites shall be seeded or sodded with grass or lawn and shall
be maintained by the mobile home park management.
C. A ratio of at least five hundred (500) square feet of common open space shall be
provided for each mobile home. Paved and floor areas of enclosed structures
devoted exclusively to recreation may be counted as common open space.
D. Service buildings may be placed within or adjacent to a mobile home area. In
such case a minimum distance of thirty (30) feet shall be maintained between the
service building and adjacent mobile homes.
(Ord. No. 2990, § 1(12.08.360), 8-20-91. Formerly Code 1986, § 12.08.360)
12.05.260 Nonconforming mobile home park standards.
To assure reasonable opportunity for the continued use of mobile home parks
existing prior to adoption of the ordinance from which this chapter was derived and
therefore not in compliance with all or some of the development standards required
herein, the parks shall be considered legal nonconforming uses. The following
minimum standards shall apply to the placement or relocation of individual mobile
homes and recreational vehicles within nonconforming mobile home parks and to
the construction of accessory structures:
1. A site plan drawn to scale that shows the perimeter park boundaries, the
dimensions and the location of all existing mobile homes, accessory buildings,
carports and porches, utility hookups and internal roadways shall be submitted in
conjunction with permit application for placement or relocation of individual mobile
homes or construction of accessory buildings.
21
24
2. The placement or relocation of individual mobile homes in nonconforming mobile
home parks shall be subject to the minimum rine safety separation standards of the
National Fire Protection Association, NFPA 501A, 1987 edition-Seet-iois
aElef3,ted-by-xefereaee-in-KGC-1-,G2-0-19-ferxeq +reel-staade�. Lotcoverage c�maM[k1a]:Clarifies that these are f re
requirements need not apply. (See diagram in KCC 12.05.270.) safetv separation standards as contained In the
1987 edition of N WA 501A.Athough NFBA501A
has been updated several times since the dry
3. Recreational vehicles shall be allowed in a nonconforming mobile home park referred to It In 1991,mis clarifies that the
under the following circumstances: remain the standards sIn our mobile home pates
a. A recreational vehicle may be relocated on an individual mobile home space that
is occupied by a similar unit at the time of adoption of the nonconforming
standards.
b. The existing mobile home space cannot be used for a mobile home due to the
minimum setbacks specified in diagram in KC9C 12.05.270. All recreational vehicles
in nonconforming mobile home parks shall be placed in a location which complies
with the separation requirements specified in the diagram in KCC 12.05.270.
4. No nonconforming mobile home park boundaries shall be expanded nor shall any
additional mobile home lots be created as a result of these provisions. Any new
expansion shall be subject to the provisions of this chapter.
5. Appeals of any building official decision with regard to placement or relocation of
a mobile home, recreational vehicle and/or accessory structure are subject to the
appeal procedures specified in Ch. 14.01 KCC.
(Ord. No. 3008, § 2(12.08.380), 10-15-91)
12.05.270 Minimum nonconforming mobile home park separations.
The following example illustrates the minimum fire safety separation standards
required by KCC 12.05.260 for the placement of mobile homes or manufactured
homes in nonconforming mobile home parks:
22
25
Muximunxn �to' SLde to Side
8 End to Side
67' End to End r —
E DingmiaLll I e 5
i
- -- -- --- ---- ---- ---- -- ---- ----
fLitelia Pmk Drivew�npj
Any portion of a mobile home or manufactured home shall not be located closer
than ten (10) feet side to side, eight (8) feet end to side, six (6) feet end to end
horizontally or six (6) feet diagonally from any other mobile home or manufactured
home, recreational vehicle or community building. No portion of a mobile home or
manufactured home can encroach on an internal driveway. The site plan must
reflect adjacent park spaces and separations between units and accessory
structures and roads. Additional permits and review may be required by other
agencies or city departments as a result of the placement of a mobile home or
manufactured home. Tie-Upon approval of the building officials construction of an
approved two (2) hour fire resistive wall may decrease required separation
distances.
(Ord. No. 3008, § 2(12.08.380-2), 10-15-91)
12.05.290 Exceptions.
A. The hearing examiner may recommend to the city council an exception from the
requirements of this chapter when undue hardship may be created as a result of
strict compliance with the provisions of this chapter. In recommending any
exception, the hearing examiner may prescribe conditions that he deems necessary
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to or desirable for the public interest. No exceptions shall be recommended unless
the hearing examiner finds that:
1. There are special physical circumstances or conditions affecting the property
such that the strict application of the provisions of this chapter would deprive the
applicant of the reasonable use or development of his land;
2. The exception is necessary to insure such property the rights and privileges
enjoyed by other properties in the vicinity and under similar circumstances;
3. The granting of the exception will not be detrimental to the public health, safety,
and welfare or injurious to the property in the vicinity.
B. Application for any exception shall be submitted in writing by the applicant at the
time the preliminary site plan is submitted to the planning department. The
application shall state fully all substantiating facts and evidence pertinent to the
req uest.
(Ord. No. 2990, § 1(12.08.410), 8-20-91. Formerly Code 1986, §§ 12.08.400,
12.08.410)
12.05.300 Penalties.
Any-persof�,- r` `at+orr,-or-25soeiat+or+�ov-ar�y- , f+rtx+;
eerpo-rat+orr,-or-a5s Eti ef-tkri�.re#apEa�-sktaFF-k�e-gtrifty
ffa+�-($-� , ov-iF»pr+sareFtE-fer-a-period-f�o�to
ex ..e -tkrirty-E3&}-days,-or-geth sue-r�rt�.�aR e�rViolation of any of the
provisions of this chapter shall be subject to the penalties provided in�KCC 1 04 030
and/or KCC 1.04.2001 Ca ment[k15]:Replaces outdated criminal
penalty provisions with references to KCCl.Ogour
(Ord. No. 2990, § 1(12.08.420), 8-20-91. Formerly Code 1986, § 12.08.420) smndardcode enforcement process.
12.05.310 Liability.
This chapter shall not be construed to relieve from or lessen the responsibility of
any person owning any land or building, constructing or modifying any mobile home
park in the city for damages to anyone injured or damaged either in person or
property by any defect therein; nor shall the city or any agent thereof be held as
assuming such liability by reason of any preliminary or final approval or by issuance
of any permits or certificates authorized herein.
(Ord. No. 2990, § 1(12.08.430), 8-20-91. Formerly Code 1986, § 12.08.430)
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12.05.320 Eviction notices for change of use or closure of a mobile home
park.
A. Before a mobile home park owner may issue eviction notices pursuant to a
closure or change of use under Chapter 59.21 RCW, the mobile home park owner
must first submit to the housing and human services office a relocation report and
plan that meets the requirements of KCC 12.05.330. If applying for a change of
use, the mobile home park owner shall submit the relocation report and plan
together with all other necessary applications. Once the manager of housing and
human services determines that the relocation report and plan meets the
requirements of KCC 12.05.330, the manager of housing and human services shall
stamp his or her approval on the relocation report and plan and return a copy of
the approved plan to the mobile home park owner. If the manager of housing and
human services determines that the relocation report and plan does not meet the
requirements of KCC 12.05.330, the manager of housing and human services may
require the mobile home park owner to amend or supplement the relocation report
and plan as necessary to comply with this chapter before approving it.
B. No sooner than upon approval of the relocation report and plan, the owner of the
mobile home park may issue the twelve (12) month eviction notice to the mobile
home park tenants. The eviction notice shall comply with RCW 59.20.080 and
59.21.030, as amended. No mobile home owner who rents a mobile home lot may
be evicted until the twelve (12) month notice period expires, except pursuant to the
State Mobile Home Landlord-Tenant Act, Chapter 59.20 RCW.
(Ord. No. 3614, § 2, 9-17-02)
12.05.330 Relocation report and plan.
A. The relocation report and plan shall describe how the mobile home park owner
intends to comply with Chapters 59.20 and 59.21 RCW, relating to mobile home
relocation assistance, and with KCC 12.05.320 through 12.05.370. The relocation
report and plan must provide that the mobile home park owner will assist each
mobile home park tenant household to relocate, in addition to making any state or
federal required relocation payments. Such assistance must include providing
tenants an inventory of relocation resources, referring tenants to alternative public
and private subsidized housing resources, helping tenants obtain and complete the
necessary application forms for state-required relocation assistance, and helping
tenants to move the mobile homes from the mobile home park. Further, the
relocation report and plan shall contain the following information:
1. The name, address, and family composition for each mobile home park tenant
household, and the expiration date of the lease for each household;
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2. The condition, size, ownership status, HUD and State Department of Labor and
Industries certification status, and probable mobility of each mobile home
occupying a mobile home lot;
3. Copies of all lease or rental agreement forms the mobile home park owner
currently has in place with mobile home park tenants;
4. To the extent mobile home park tenants voluntarily make such information
available, a confidential listing of current monthly housing costs, including rent or
mortgage payments and utilities, for each mobile home park tenant household;
5. To the extent mobile home park tenants voluntarily make such information
available, a confidential listing of gross annual income for each mobile home park
tenant household;
6. An inventory of relocation resources, including available mobile home spaces in
King, Snohomish, Kitsap, and Pierce Counties;
7. Actions the mobile home park owner will take to refer mobile home park tenants
to alternative public and private subsidized housing resources;
8. Actions the mobile home park owner will take to assist mobile home park tenants
to move the mobile homes from the mobile home park;
9. Other actions the owner will take to minimize the hardship mobile home park
tenant households suffer as a result of the closure or conversion of the mobile
home park; and
10. A statement of the anticipated timing for park closure.
B. The manager of housing and human services may require the mobile home park
owner to designate a relocation coordinator to administer the provisions of the
relocation report and plan and work with the mobile home park tenants, the
housing and human services office, and other city and state offices to ensure
compliance with the relocation report and plan and with state laws governing
mobile home park relocation assistance, eviction notification, and landlord/tenant
responsibilities.
C. The owner shall make available to any mobile home park tenant residing in the
mobile home park copies of the proposed relocation report and plan, with
confidential information deleted. Within fourteen (14) days of the manager of
housing and human service's approval of the relocation report and plan, a copy of
the approved relocation report and plan shall be mailed by the owner to each
mobile home park tenant.
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D. The mobile home park owner shall update with the housing and human services
office the information required under this section to include any change of
circumstances occurring after submission of the relocation report and plan that
affects the relocation report and plan's implementation.
(Ord. No. 3614, § 2, 9-17-02)
12.05.340 Certificate of completion of the relocation report and plan.
No mobile home park owner may close a mobile home park, or obtain final approval
of a comprehensive plan or zoning redesignation until the mobile home park owner
obtains a certificate of completion from the housing and human services office. The
manager of housing and human services shall issue a certificate of completion only
if satisfied that the owner has complied with the provisions of an approved
relocation report and plan, the eviction notice requirements of RCW 59.20.080 and
59.21.030, the relocation assistance requirements of RCW 59.21.021, and any
additional requirements imposed in connection with required city applications.
(Ord. No. 3614, § 2, 9-17-02)
12.05.350 Notice of provisions.
It is unlawful for any party to sell, lease, or rent any mobile home or mobile home
park rental space without providing a copy of any relocation report and plan to the
prospective purchaser, lessee, or renter, and advising the same, in writing, of the
provisions of KCC 12.05.320 through 12.05.370 and the status of any relocation
report and plan.
(Ord. No. 3614, § 2, 9-17-02)
12.05.360 Administration.
The manager of housing and human services shall administer and enforce KCC
12.05.320 through 12.05.370. Whenever an owner or an owner's agent fails to
comply with the provisions of KCC 12.05.320 through 12.05.370, the following may
occur:
A. The manager of housing and human services may deny, revoke, or condition a
certificate of completion, a permit, or another approval;
B. Any other appropriate city official may condition any permit or other approval
upon the owner's successful completion of remedial actions deemed necessary by
the manager of housing and human services to carry out the purposes of KCC
12.05.320 through 12.05.370.
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(Ord. No. 3614, § 2, 9-17-02)
12.05.370 Appeal.
Any appeal from a determination of the manager of housing and human services
under KCC 12.05.320(A), 12.05.340, and 12.05.360(A) shall be an open record
hearing filed within fourteen (14) days of the determination in accordance with the
procedures established for Process I applications under Ch. 12.01 KCC.
(Ord. No. 3614, § 2, 9-17-02)
12.05.380 Closure and government sponsorship.
A. If an eminent domain action by a federal, state, or local agency causes closure of
a mobile home park and the procedures set forth in the Federal Uniform Relocation
Assistance and Real Property Acquisition Policies Act, 42 U.S.C. 4601 et seq., and
the regulations of 49 CFR Part 24 or the Relocation Assistance - Real Property
Acquisition Policy Act of Chapter 8.26 RCW and the regulations of Chapter 468-100
WAC are followed, the requirements of those acts and regulations will supersede
the requirements of KCC 12.05.320 through 12.05.370.
B. If a condemnation action of the city causes closure of a mobile home park, the
city will be responsible for fulfilling the requirements of the standards contained
herein. If the city chooses to follow portions of the state act and regulations and the
manager of housing and human services and the director of public works determine
that there is a conflict or redundancy between the portions of the state act and
regulations being followed by the city, and the standards contained herein, the
state act shall take precedence in such areas of conflict or redundancy. If the state
act is followed in all respects, such act will supersede the requirements of this
section and the standards contained herein.
(Ord. No. 3614, § 2, 9-17-02)
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