Chapter 12.05 MOBILE HOME PARKS*

*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 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 ensure 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.

B. Enforcement. The city 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 be responsible to remedy the violations. Enforcement of this chapter by the building official shall be in accordance with Chapter 1.04 KCC. Enforcement of this chapter by the manager of housing and human services shall be in accordance with KCC 12.05.360.

(Ord. No. 4050, § 1, 10-16-12; 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 complementary 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.

Comprehensive plan means the document, including maps, adopted by the city council which outlines the city’s goals and 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; 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 Chapter 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. A lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

1. A single lot of record;

2. A portion of a lot of record;

3. A combination of complete lots of record and portions of lots of record;

4. 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.

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 and 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.

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.

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.

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.

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. 4050, § 2, 10-16-12; 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)

12.05.070 Preliminary meeting.

Repealed by Ord. No. 4050.

(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 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 application; public hearing before the hearing examiner and city council; installation or bonding of improvements according to the approved site plan; and recordation of the approved final site plan with the planning department and city clerk.

(Ord. No. 4050, § 4, 10-16-12; Ord. No. 2990, § 1(12.08.220), 8-20-91. Formerly Code 1986, § 12.08.220)

12.05.090 Tentative site plan procedures.

Repealed by Ord. No. 4050.

(Ord. No. 2990, § 1(12.08.240 – 12.08.246), 8-20-91. Formerly Code 1986, §§ 12.08.240 – 12.08.246)

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 the application for preliminary plat/mobile home site plan and shall be processed in accordance with the procedures established for Process IV applications under Chapter 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 application for preliminary plat/mobile home site plan. The application shall be processed in accordance with the procedures established for Process IV applications under Chapter 12.01 KCC.

B. Health agency recommendation. The health agencies responsible for approval of the proposed means of sewage disposal and water supply shall file with planning services, prior to the hearing examiner’s public hearing on the preliminary plat/mobile home site plan, written statements as to the general adequacy of the proposed means of sewage disposal and water supply.

C. 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. 4050, § 6, 10-16-12; 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 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.

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.

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 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 planning services together with a notice advising the developer 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 services.

(Ord. No. 4050, § 7, 10-16-12; 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.

A. Application for the final site plan approval shall be filed with the permit center using the application for final plat/final mobile home site plan.

B. 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 official.

(Ord. No. 4050, § 8, 10-16-12; 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 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, or other applicable building codes, as adopted and amended in Chapter 14.01 KCC, prior to any grading or filling.

(Ord. No. 4050, § 9, 10-16-12; 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 entrance or exit of a mobile home park to the street intersection shall conform to the separation requirements outlined in the City of Kent Design and Construction Standards.

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. 4050, § 10, 10-16-12; 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 building official.

(Ord. No. 4050, § 11, 10-16-12; 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

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.

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.

(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 (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.

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. 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 KCC 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 Chapter 14.01 KCC.

(Ord. No. 4050, § 12, 10-16-12; 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:

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. 4050, § 13, 10-16-12; 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 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.

Violations of this chapter shall be subject to the penalties provided in KCC 1.04.030 and 1.04.200.

(Ord. No. 4050, § 14, 10-16-12; 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)

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;

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.

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.

(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 Chapter 12.01 KCC.

(Ord. No. 4050, § 15, 10-16-12; 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)