HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 08/13/2012 (4) ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
40
•
Charlene Anderson, AICP, Manager
KEN T Phone: 253-856-5454
WASHINGTON Fax: 253-856-6454
220 Fourth Avenue S, Kent, WA
98032-5895
AGENDA
LAND USE & PLANNING BOARD
PUBLIC HEARING
AUGUST 13, 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;
Assistant City Attorney David Galazin
This is to notify you that the Land Use and Planning Board will hold a Public
Hearing on MONDAY, AUGUST 13, 2012 in Kent City Hall, City Council Chambers
East and West, 220 4rh Avenue South, Kent, WA at 7:00 P.M. The public is invited
to attend and all interested persons will have an opportunity to speak. Any person
wishing to submit oral or written comments on the proposed amendment may do so
prior to or at the meeting.
The agenda will include the following item(s):
1 Call to order
2 Roll call
3 Approval of the June 25, 2012 Minutes
4 Added Items to Agenda
5 Communications
6 Notice of Upcoming Meetings
7 PUBLIC HEARING:
1. fZCA-2012-21 Kent City Code (KCC) Chapter 12.05 (Katie Graves)
Consideration of amendments specific to the Mobile Home Parks Code
primarily to reflect consistency with the current permit process and to
correct definitions and references.
For further information or to obtain copies of the staff report or Agenda for the proposed amendment
contact the Planning Division office at(253) 856-5454. You may submit comments by emailing
Planner Katie Graves at: kgravesC@kentwa.gov. You may access the City's website for documents
pertaining to the Land Use and Planning Board at:
http://kentwa.igm2.com/citizensIDefau/t.aspx?DepartmentlD=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 1-800-833-6388 or call the City of Kent Planning Services
directly at (253) 856-5499 (TDD).
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LAND USE & PLANNING BOARD
.40
• MINUTES
KENT DUNE 25, 2012
WAS H I N 1,7C
Land Use & Planning Board Members: Chair Alan Gray (absent/excused),
Vice Chair Barbara Phillips, Steve Dowell, Navdeep Gill, Jack Ottini, Randall Smith,
and Jim Sturgul.
Vice Chair Phillips called the meeting to order at 7:00 p.m.
City Staff: Charlene Anderson, Gloria Gould-Wessen, Kathy Hardy
3. Approval of Minutes
Board member Ottini Moved and Board member Smith Seconded a Motion
to approve the June 11, 2012 Minutes. Motion CARRIED 6-0.
4. Added Items - None
5. Communications - None
6. Notice of Upcoming Meetings - None
7.1 Kent City Code (KCC) Chapter 12.01 Amendments [ZCA-2011-1(B)l
Planning Manager Charlene Anderson reported that the Land Use and Planning
Board (LUPB) held a public hearing on March 261" where they considered
amendments to Chapter 12.01 with the Board recommending approval as proposed
by staff. Since that hearing, staff identified an additional amendment to 2.32.130
that would allow Hearing Examiner Decisions to be sent electronically, and
considered options for timelines on resubmittals, ready-to-issue permits, and
permit expirations. Anderson stated that staff recommends Option A to retain 90
day timelines for resubmittals, Option A of 365 days for expiration of certain
applications and permits, Option A of 180 days for expiration of site plan review
approvals, and Option B of 180 days for expiration of ready-to-issue permits that
are not picked up. All options provide opportunities for extensions.
Anderson stated that staff recommends approval of proposed amendments to
Chapter 2.32.130 to allow electronic notification via email in addition to first class
mail.
Anderson submitted for the record an email from Garrett Huffman, South King &
Seattle Manager with Master Builders Association (MBA) of King and Snohomish
Counties in support of the longest extended timeline options and to add a
requirement for advance notification of permit cancellations.
Ottini Moved and Dowell Seconded a Motion to accept the email from
Garrett Huffman with the MBA into the record. Motion CARRIED 6-0.
Board member Ottini Moved and Board member Dowell Seconded a Motion
to Open the Public Hearing. Motion CARRIED 6-0.
Seeing no speakers, Board member Ottini and Board member Dowell
Seconded a Motion to Close the Public Hearing. Motion CARRIED 6-0.
After extensive deliberations, Board Member Sturgul Moved and Board
Member Smith Seconded a Motion to recommend to City Council approval
of Kent City Code (KCC) Sections as recommended by staff with the
following modifications:
• KCC 12.01,110,A Resubmitta/s; Option B to extend timelines for
applicant resubmittals to 180 days and Option B to allow the Planning
Director to extend the resubmittal period for up to an additional 180
days,
• KCC 12,01,115,A Ready-to-Issue Permits; Option B to allow the
applicant up to 180 calendar days to obtain the permit after notification
and Option B to allow the planning director to extend the period for
permit pick-up for up to an additional 180 days,
• KCC Section 12,01,185,A Expiration of Permits; Option A to allow 365
calendar days before a certain permit application expires and Option A
to allow the planning director to grant a 180-day extension,
• KCC Section 12.01,185,B Expiration of Permits; Option A to allow 365
calendar days before a certain permit issuance or final decision will
expire and Option A to allow the planning director to grant a 180-day
extension,
• KCC Section 12.01,185,C Expiration of Permits; Option A to allow 180
calendar days before site plan review approvals become null and void.
• KCC Section 2.32.130 Hearing Examiner Decision and Recommendation
allow electronic notification, as recommended by staff.
Motion FAILED 3-3 with Ottini, Phillips, and Dowell OPPOSED to the longer
time extensions.
After further deliberations and guidance from Legal, Board Member Sturgul
Moved and Board Member Smith Seconded a Motion to recommend to City
Council approval of amendments to KCC 12.01 and 2.32.130 as modified to
allow the longer extension period for resubmittals, ready-to-issue permits
and expirations and to allow electronic notification. Motion PASSED 5-1
with Ottini Opposed.
After a request from staff for clarification and following further deliberations Board
Member Sturgul Moved and Board Member Ottini Seconded a Motion to
amend KCC Section 12.01.185. Sections A, B and C to add a provision for a
cancellation notification that provides a 30-day cancellation notice to the
applicant on pending expirations and allows those notifications to be
conveyed by either US Mail, electronic Email or both. Motion CARRIED 6-0.
Adjournment
Vice Chair Phillips adjourned the meeting at 8:00 pm.
Charlene Anderson, AICP, Planning Manager
Board Secretary
LUPB Minutes
June 25,2012
Page 2 of 2
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
KENT
W AS HI NGTON Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
August 6, 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 the August 13, 2012 LUPB Hearing
MOTION: Recommend to the City Council approval of amendments to
KCC 12.OS Mobile Home Park Code as recommended by staff/as
modified.
SUMMARY: Planning Services is submitting for Board consideration code
amendments found in Kent City Code 12.05, Mobile Home Parks. Staff presented
proposed amendments to this code section at the July 23, 2012 Land Use and
Planning Board workshop. 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.
BACKGROUND: As part of the Council's Strategic Plan related to transforming
regulatory processes, staff presented a draft list of 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. Additional amendments are
brought forward as the code sections are reviewed in more detail. Because the
section of code related to new mobile home parks is rarely used, staff is not
proposing amendments that relate to standards for development. The proposed
amendments primarily update the Mobile Home Park code for consistency with
current code enforcement regulations, definitions noted elsewhere in code, and
existing permit process.
The SEPA Responsible Official has determined that the proposed amendments are
procedural in nature and thus categorically exempt from further SEPA review under
WAC 197-11-800(19) and 11.03.200 Kent City Code.
RECOMMENDATION: Staff recommends approval of the amendments.
KH/pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2012\ZCA-2012-2 KCC 12.05\LUPB\8-13-12\081312Hrg_MHP_StaffRpt.doc
Att: Amendments to KCC; 12.05 Mobile Home Parks
cc: Fred Satterstrom,AICP,CD Director
Charlene Anderson,AICP,Planning Manager
Project File
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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)
12.05.030 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)
12.05.040 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 c� may
require a permit for the placement of a mobile home on a lot and may charge for
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 have
be responsible to remedy the violations. Enforcement of this
chapter by the building official shall be in accordance with KCC 1.04. if the
due Enforcement of this chapter-by-the manager of housing and
human services deteFn9ines that a pFevismen ef thus ehaptei= has been vielated,
shall 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.
Gemprehensive plan shall mean the plans, n9aps and repeFtS which cenqpFise the
Comprehensive plan means the document,
including maps, adopted by the city council which outlines the city's goals and
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policies relating to management of growth, and prepared in accordance with
Chapter 36.70A RCW. The term also includes adopted subarea plans prepared in
accordance with Chapter 36.70A RCW.
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.
Land Use and Planning Board shall mean the city Land Use and Planning Board as
defined in this code.
Lot means a parcel of land of at least sufficient size to meet minimum zoning
requirements for use, coverage, and area, and to provide such yards and other
open spaces as are required in this title. Such lot shall have frontage on an
improved public street, or on an approved private street, and may consist of:
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A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record and portions of lots of record;
D. A parcel of land described by metes and bounds;
provided, that in no case of division or combination shall any residual lot or parcel
be created which does not meet the requirements of this title.
Let sha'' n9ean a fFaetieigal paFt ef subdivided lands having foxed beundaFies, being
and area. The terrn shall include tracts OF paFeels.
Lot, corner 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.
Lot frontage shall mean the front of a lot shall be that portion nearest the street or,
if the lot does not abut a street, the portion nearest an ingress/egress easement.
On a corner lot, the front yard shall be considered the narrowest part of the lot that
fronts on a street, except in industrial and commercial zones, in which case the
user of a corner lot has the option of determining which part of the lot fronting on a
street shall become the lot frontage.
the stFeet.
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.
Planning eemmi.ssi.en shall n9ean the Eity planning eernngissien as defined On this
Vie.
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 R1, 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)
fangoloaF with the Fequii=en9ents ef this ehapteF. The planning depaFtngent will
(Ord. No. 2990, § 1(12.08.210), 8-20-91. Formerly Code 1986, §§ 12.08.200,
12.08.210)
12.05.080 Application for mobile home park.
The general procedure for submitting and processing applications for a mobile home
park are as follows: preparation and submission to the planning depaFtment of a
tentative site plan of the PFOpesed n9ebile herne of a pre-application conference
form for subdivision/mobile home park; submission of a preliminary site plan to the
Permit Center using the forms for a preliminary subdivision applicationsite plan to
the planning departmefft_�7 public hearing before the hearing examiner and city
council feF publie heaFing; 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)
A. Applicatien. Applicatiens fer a tentative site plan meeting and Feview shall be
filed with the planning depaFtment. Twelve (12) eepies ef the tentative site plan
sha" be filed. The sea'e and FequiiFed feF a tentative site plan Shall be in
aeeei=danee with KGG 12.05.1009(G), PFelimmigary site plan map, except that the Seale
eepies ef the tentative site plan te the ElepaFtngent ef public weFI(s, the bui44ft
ageneies sei=ving the area.
ageneies Feeeiving eepies ef the tentative site plaig will be he'd ne eaFlieF than Six
tentative site plan meeting, and Feeempt ef the FeeengffienElatiens ef the etheF eity
depaFtffients and intei=ested ageneies, the planning depaFtngent Shall fond Of the
tentative site plan is,
2. is on general eenferngance with the eirculatien pattern established or prepesed
feF the area On which the rnebile home paFk will be developed;
1:2.05.090 Tentative site plan preeedures.
attending the tentative site plan meeting.
D. Further actien. if the tentative site plan is feund te n9eet the above guidelines,
er is medified as per the suggestions presented at the tentative site plan n9eeting,
the applicant sheuld PFeceed to the PFelinginaFy site plan stage. if the tentative site
plan is net feund to be censistent with the guidelines, a preliminaFy site plan Fflay
sto" be submitted te the planning depaFtn9ent tegetheF with a wFitten request feF aR
Cepies ef these findings will be transmitted te the applicant and a'' agene
,
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 an application for n ebile he
preliminary plat/mobile home site plan and shall be processed in accordance
with the procedures established for Process IV applications 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 preliminary site planapplication for preliminary
plat/mobile home site plan. The applications shall be processed in accordance with
the procedures established for Process IV applications under Ch. 12.01 KCC.
lines,B. Application. Application for a preliminary site plan approval and for the Mobile
henge combining district, if necessaFy, shall be filed with the planning depaFtment,
on forms ffescribed by the planning department. The application shall be sUbMitted
at least forty five (45) days prier to the next regularly scheduled public hearing
date, and shall be heard by the hearing exa......e. vvithin one hundFed (100) days of
the date of the application. This peried may be extended On any case feF which an
environmental impact statement is required. if a full enVmFenngental impaet
statengent is required under the State EnViFenmental Policy Act, the applicant shall
net file the preliminary site plan application until such time as the draft
prelinginaFy site plan shall be subn9itted.
G. Prelim�nary site plan requirement. A viEinity map of the area, adequate to show
the location of the proposed n9ebile herne paFk shall be filed Mth the appimEatien.
The preliminary site plan shall include the entiFe paFeel zoned MHP er to be zoned
MHP and shall conform to the following:
1. The rnebile home park nange, the name and address of the developer, and the
name and address of owner oF owners.
2. The date of pFeparatien, the tFue nerth point, a graphic scale and lega4
deSCFiption of the MHP diStFiCt-.
4. Show the 'eeatien of existing and pFepesed platted pi=epeFty 'Ones, and existing
seetien ibuildings, i i i
and any FeeeFded
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and on the adjoining lands (land that abuts the pFepesed subdivision), to a distanc-e
S. ContOUFs and/eF elevations (at five (5) feet inteFvals minimurn) shall be shown to
that extent necessary to accurately pFedict drainage characteristics of the property.
Contour "nes shall be extended at least one hundred (100) feet beyond
boundalFies of the pFepesed mobile heme park.
6. Give the
do
/ leeatmens, widths, /
alleys, easements, paFks and etheF open spaces,
park; lets;
the aFea
of the sn9a"est let and the appFexingate square footage and appi=exornate peFeent of
total aeFeage in open spaee.
O 7ndm t" the damen mens of ., h 'et.
9. indmeate the location, dimensions and design of eff street parking facil.ties within
thes;}..
�TC�
10. indicate the proposed location and herizental and veFtical dimensions of all
buildings and structures to be located en the site.
building / the health / the fmFe / the seheel /
plan oF of a pFelinginaFy site plan ngeeting is ealled by the planning depaFtngent, they
n9ay present their recommendation at that time.
appimeantwith the planning depaFtngent within ten (10) days of Feeempt of the pFe'mngmnaFy Site
vvhetheF a pFelinginaFy site plan ngeeting is neeessaFy within thFee (3) WeFl(mng days
afteF the s tentative and pFe'*ngmnaFy site plan and shall Feaeh a deemsmen as to
s submission. A pFe'mng naFy site plan meeting n9ay be deenged
necessary when there are signifleant diffeFences between the tentative and
pFelongonaFy site plans. The deteffigination of the necessity of a pFelinginaFy site plan
meeting shall be based en the following censmdeFatmens:
11
the PFeliminaFy Site
.,
plan is a Fefinernent of the tentative site plan, OF it is a completely new site plan for
the same preperty.
resulting fFern objectiens raised at the tentative site plan meeting.
is appFeVed, en a PFelinginaFy site plan. The heaFing shall he'd the publie
hearings en a Fezene te MHP, n9ebile heme park, and the preliminary site plan
(special use combining district). The application shall be submitted at least feFty
five (45) days PFOOF te the neXt Fegularly scheduled public heaF ng date, and shall
be heard by the hearing exanginer within ene hundred (100) days ef the date ef the
application. This peFied n9ay be extended in any case fer which an envirenngental
recemngendatmens to the city council. The hearing exanginer shall file a decision with
1. One (1) netice ef the public hearing shall be pested en er adjacent te the subject,
preperty at least ten (10) days prier te the public hearing.
2. One (1) netice ef the public hearing shall be given in a newspaper of general
EiFeUlatmen at least ten (10) days prier to the public hearing.
3. Netiee shall be given te all PFE)perty evvneFS within at least twe hundFed eM�
feet and when determined by the planning directer a greater distance of t -
sent ten (10) days PFieF te the public hearing. The failure ef any preperty ewner te
Feceive such netice ef hearing will not invalidate the preEeedings=.
n9ebile henge park and either a vicinity lecatien sketch or a lecatien desEriptien
nonlegal language.
GB. Health agency recommendation. The health agencies responsible for approval
of the proposed means of sewage disposal and water supply shall file with the
planning depaFtngentservices, prior to the hearing examiner's public hearing on the
12
preliminary plat/mobile home site plan, written statements as to the
general adequacy of the proposed means of sewage disposal and water supply.
H. Gty council action. The city council shall hold a public hearing within thirty (30)
days ef the date of receipt of the heaFing examiner's recommendation.
eeffeetien within ninety (90) days fFem the date ef submissien, Unless the appliean-t
JC. 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 chapter approved by the
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 improvements-a�fd
shall make a charge te the develeper in the ameunt of the heurly eest te the City.
The heur'y cost shall include the wages of the inspecter and the eity's eest for fringe
benefits calculated on an hourly basis.
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
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
depaFtrnefft-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 planning 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
planning 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 th-e-planning
depaFtM services together with a notice advising him - 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 planning departmentservices.
(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.
14
A. Application for the final site plan approval shall be filed with the plaffl9irrg
depaFtment en f()FMS PFeSEFibed by the planning department. Eleven (11) Copies of
the final site plan plus the original shall be permit center using the
application for final plat/final mobile home site plan.
B. The final site plan shall be drawn to a scale of not less than ene (1)
department on sheets eighteen (18) by twenty two (22) inches. Five (5) cepies e
the final site plan shall be submitted. 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
departme-Rtofficial.
(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
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, the ligte ,atie„al Res;dential Gede, or other applicable building
codes, as adopted and amended in Ch. 14.01 KCC, prior to any grading or filling.
(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 4& entrance or exit €Fem of a mobile home park to the
street intersection shall conform to the separation requirements outlined in the City
16
of Kent Design and Construction Standards. be e'esei= than fifty (50) feet te -a
street Ontersectien measured freng the neaFest right ef way line ef the
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 code enfOFeement depart building 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
17
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.
18
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.
19
(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
(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
2. The placement or relocation of individual mobile homes in nonconforming mobile
home parks shall be subject to the minimum fire safety separation standards of the
National Fire Protection Association, NFPA 501A, 1987 edition Section 4 "'—was
Lot coverage
requirements need not apply. (See diagram in KCC 12.05.270.)
3. Recreational vehicles shall be allowed in a nonconforming mobile home park
under the following circumstances:
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
uuiuuiu s
10' Side to Side
8' End to Side
6' Ens{to End
6' Diagonally 4 4
I
i
i hirmor Park Da%e wa.%
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. Upon approval of the building official, 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
23
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
request.
(Ord. No. 2990, § 1(12.08.410), 8-20-91. Formerly Code 1986, §§ 12.08.400,
12.08.410)
12.05.300 Penalties.
,
hundred dollars ($500) fer each such vielatien, er imprisenngent fer a peried not to
exceed thiFty (30) days, er both such fine and .Violation of any of the
provisions of this chapter shall be subject to the penalties provided in KCC 1.04.030
and/or KCC 1.04.200.
(Ord. No. 2990, § 1(12.08.420), 8-20-91. Formerly Code 1986, § 12.08.420)
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)
24
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;
25
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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