1994-09-21 Dana City Ordinance 47

1994-09-21 Dana City Ordinance 47

Scanned from the original minutes; OCR text included for searching.

City of Dana, Iowa

City of Dana, Iowa

City of Dana, Iowa

1994-09-21

City of Dana, Iowa

Printed pages on white paper

American English

Public government records

Dana, Greene County, Iowa

ORDINANCE NO. 47

AN ORDINANCE PROVIDING FOR THE REGULATION OF MOBILE HOMES AND
MOBILE HOME PARKS

Be it enacted by the City Council of Dana, Iowa:

SEC. 1. The Dana Municipal Code of 1993 is hereby amended by
adding the following new sections:

146.01 PURPOSE. The purpose of this chapter is to provide
for municipal regulation of mobile homes and mobile home parks
in furtherance of the public health, safety, morals and
welfare,

146.02 DEFINITIONS. For use in this chapter the following
terms are defined:

i. ‘Mobile Home Park" or means any site, lot, field or tract
of land under common ownership upon which two (2) or more
occupied mobile homes, manufactured homes, modular homes or a
combination of the homes are harbored, either free of charge
or for revenue purposes, and includes any building, structure,
tent, vehicle or enclosure used or intended for use as part of
the equipment of such mobile home park. The term "mobile home
park" is not to be construed to include mobile homes,
buildings, tents or other structures temporarily maintained by
any individual, educational institution or company on their
own premises and used exclusively to house their own labor or
students.
(1993 Code of Iowa, Sec. 435.1[2})

2. "Home" means a mobile home, a manufactured home or a
modular home.
(1993 Code of Iowa, Sec. 435.1[1A})

3. "Mobile Home" means any vehicle without motive power used
or so manufactured or constructed as to permit its being used
as a conveyance upon the public streets and highways and so
designed, constructed or reconstructed as will permit the
vehicle to be used as a place for human habitation by one or
more persons. Mobile home shall also include any such vehicle
with motive power not registered as a motor vehicle in Iowa,
and it shall also mean any vehicle or structure which has at
any time been a mobile home as defined in Iowa Code Section
435.1 or any other section of the Iowa Code unless it has been
converted to real property and is taxed as a site-built
awelling.
(1993 Code of Iowa, Sec. 435.1[1])

[page 2]

4, "Manufactured Home" means a factory built structure built
under authority of 42 U.S.C. Sec. 5403, is required by federal
law to display a seal from the United States Department of
Housing and Urban Development, and was constructed on or after
June 15, 1976.

(1993 Code of Iowa, Sec. 435.1[{1B})

5, "Modular Home" means a factory built structure built on
a permanent chassis which is manufactured to be used as a
place for human habitation, is constructed to comply with the
Iowa State Building Code for modular factory-built structures,
and must display the seal issued by the state building code
commissioner.

(1993 Code of Iowa, Sec. 435.1[(3])

146,03 _ LOCATION OF MOBILE HOMES. It shall be unlawful for

any person to park or place any mobile home on the streets,
alleys or highways, any public place, or on any private land
within the City, except as is provided by State law and this
chapter. This section shall not apply to:

1. Mobile Home Parks. Mobile homes parked or placed within
mobile home parks,

Ze Dealer’s Stock. Mobile homes parked upon private
property as part of a dealer’s or a manufacturer’s stock not

used as a place for human habitation.

3. Existing Homes. Homes located outside of mobile home
parks as of September 21, 1994.

4. Manufactured or Modular Homes. Manufactured or modular
homes exceeding twenty-two (22) feet in width.

146.04 SPECIAL PERMITS. The Council, upon application of
an owner of a mobile home, may issue special permits for the
location of such home outside a mobile home park. The Council
shall issue such special permits only when it appears that
location within a local mobile home park is impracticable; the
public health, safety and welfare interests will not be
seriously affected; and the following have been complied with:

1. The owner of the mobile home has given notice in writing
to adjacent and abutting property owners including those
directly across any street of the intention to park a mobile
home with the statement that any objections thereto may be
filed with the Council or Clerk. Such notice shall be mailed
at least ten (10) days prior to any regular Council meeting.
If any adjacent and abutting property owners, including those
directly across any street, file any objections with the
Council or Clerk, the permit will be denied.

2. The mobile home has a minimum size of 10 feet by 60 feet.

[page 3]

3. Assurance is given that after placement the mobile home
will comply with all other applicable municipal regulations
from time to time.

4. Assurance is given that sufficient plans have been made
for skirting or a permanent foundation and tie downs.

5. The Council is satisfied with the general appearance of
the property and the mobile home.

6. Any other reasonable conditions and requirements as the
Council may impose are met.

The approval given by a special permit shall be rendered null
and void and of no force and effect in the event that a person
owning a mobile home fails to comply with the conditions and
requirements imposed by the Council and such failure shall ke
deemed a violation of this chapter and other applicable
ordinances, and may be declared a nuisance to be abated as
other nuisances.

146.05 APPLICATION FOR SPECIAL PERMITS. Application for a
special permit shall be accompanied by an inspection fee of
five dollars ($5.00). The application shall contain:

1. Description of Mobile Home. A description of the
applicant’s mobile home.

2. Property Description. A property description of the
place where the mobile home will be located.

3. Property Owner. The name of the owner of the premises
upon which the mobile home will be located together with the
written approval from the owner of the premises where the
mobile home will be located.

4. Sanitation Facilities. Information on sanitation
facilities of the mobile home and those available at the place

of location.

5. Mobile Home Park. A statement concerning the practica-
bility of location within a local mobile home park.

146.06 EMERGENCY AND TEMPORARY PARKING. Emergency or
temporary parking of homes upon the streets, alleys or
highways or any other public or private place for a period not
in excess of twelve (12) hours shall not constitute a
violation of Section 146.03, but such parking shall be subject
to any prohibitions or regulations contained in other
ordinances of the City.

SEC. 2. Repealer. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.

[page 4]

SEC. 3. Severability Clause. If any section, provision or
part of this ordinance shall be adjudged unconstitutional or

invalid, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.

SEC. 4. When Effective. This ordinance shall be in effect
after its final passage, approval and publication as provided by
law.

Passed by the Council the 2ist day of September , 1994,
and approved this 21st day of september , 1994,

[signature: Jack Pedersen, Mayor ]

ATTEST:

[signature: George Brabbs, City Clerk]


I hereby certify that the foregoing ordinance was
posted as follows: Juhls, Post Office, Stinky's on

9-22, 1994.

[signature: George Brabbs, City Clerk]