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FY2006-03 Amending Title 15 and Title 17WHEREAS, the Kodiak Island Borough Assembly requested that the Planning and Zoning Commission review KIBC 17.26, the mobile home park code; and WHEREAS, the Planning and Zoning Commission spent more than one year reviewing the code, gathering information on the condition of local mobile home parks, and holding public work sessions to discuss possible code changes; and WHEREAS, the Commission has recommended certain amendments to KIBC Title 15 and Title 17 regarding the standards for the development and operation of mobile home parks and to address many of the issues raised regarding the health, safety, and welfare of mobile home park residents; and WHEREAS, the Kodiak Island Borough Assembly has the authority to adopt and amend ordinances as provided in Alaska Statutes Title 29 and other applicable Borough codes; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -03 Introduced by: Manager Gifford Requested by: Community Development Drafted by: Community Development Introduced: 10/06/2005 Public Hearing: 10/20/2005 Amended: 10/20/2005 Adopted: 10/20/2005 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 15 BUILDINGS AND CONSTRUCTION CHAPTER 15.20 MOBILE HOMES SECTION 15.20.010 DEFINITIONS AND TITLE 17 ZONING CHAPTER 17.26 MOBILE HOME PARKS This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 15 Buildings and Construction Chapter 15.20 Mobile Homes Section 15.20.010 Definitions is hereby amended as follows: 15.20.010 Definitions. A. "Mobile home" means a structure transportable in one (1) or more sections, which is eight (8) body feet or more in width and is thirty- two-(32) forty (40) body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. B. "Mobile home park" means any area, or premises, where space for ten (10) seven (7) or more mobile homes are rented, held for rent, or for which free occupancy is permitted to users for the purpose of securing their trade and meets all the requirements of Chapter 17.26 of this code. C. "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use which either has its own motive power or is mounted on or drawn by another vehicle. Examples are travel trailers, camping trailers, truck campers, and motor homes. Section 3: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.005 Definitions is hereby amended as follows: 17.26.005 Definitions. For the purpose of this title the following definitions apply: A. "Mobile home" means a single -story structure, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width Of and forty (40) body feet or more in length, or, when erected on -site is three hundred twenty (320) or more square feet rind which is built on a permanent chassis Kodiak Island Borough, Alaska Ordinance No. FY2006 -03 Page 1 of 4 and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air- conditioning, and electrical systems contained therein. Calculations used to determine the number of square feet in a structure will be based on the structure's exterior dimensions measured at the largest horizontal projections when erected on -site. These dimensions will include all expandable rooms, cabinets, and other projections containing interior space, but does not include bay windows. This torm includes all ctructuroc which meet thc requirements except thc size requirements and with respect to which the manufacturer voluntarily files a certification, pursuant to 24CFR 3282.13 and complies with thc construction SF and ARDs cot forth in 24CFR Part 3280. B. "Mobile home park" means a tract of land upon which ten (10) seven (7) or more mobile home spaces are located, established, or maintained br occupancy by mobile homes. C. "Mobile home spaco" m ns a plot of ground at I act three thousand (3,000) squaw foot in size Section 4: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.008 Definitions is hereby added as follows: 17.26.10 Applicability of this chapter A. Except as provided in section 17.36 of this title, all mobile home parks within the borough shall be constructed, operated, and maintained in accordance with the standards set forth in this chapter. Complete responsibilityfor standards established by this chapter and for construction within a mobile home park shall rest with the owner of such park. When a mobile home park site plan is approved, the provisions of chapter 17.26 of this title will apply in lieu of the provisions of the underlying zoning district. Section 5: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.010 Districts where permitted is hereby amended as follows: 17.26.010 Districts where permitted. A. Mobile home parks shall be permitted only in the R3-- Multifamily Residential District; and Baas a conditional use in the B -- Business District. Section 6: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.020 Plan review is hereby amended as follows: 17.26.020 Plan review. A. An Every application for zoning compliance for a mobile home or a mobile home park shall include a site plan of the proposed mobile home park or expansion of an existing mobile home park except in instances where the building footprint and /or building placement is not altered The site plan shall include: 1. The exterior boundaries of the subject property, its dimensions, and the area of the lot; and 2. All the items required by chapter 17.26 of this cede title. B. Plans for drainage, solid waste disposal, lighting, sewer, water, and roads for a mobile home park shall be prepared by a registered engineer and reviewed and approved by the engineering and facilities department prior to construction of the mobile home park. C. An as -built survey may be required to accompany zoning compliance permit applications. When required, the as -built survey will show the mobile home space boundaries, space size, parking area, proposed mobile home footprint, as well as separation distances and parking areas on all adjoining mobile home park spaces. Section 7: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.030 Park streets is hereby amended as follows: 17.26.030 Park streets. A. All park streets shall be at least gravel, well- drained, maintained, and open to traffic at all times and -shall AB.Two -way traffic. Each driving lane shall meet the minimum requirements for the design and construction of local roads within a subdivision as provided in Title 16 of this codej. BC. One -way traffic. The driving lane shall be at least twelve (12) feet widej. Kodiak Island Borough, Alaska Ordinance No. FY2006 -03 Page 2 of 4 GD. Dead -end streets shall have a turn - around or cul -de -sac approved by the engineering and facilities department; and DE. No dead -end street shall exceed five hundred (500) feet in length. Section 8: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.040 Parking is hereby amended as follows: 17.26.040 Parking. There shall be at least two (2) residential parking spaces included in each mobile home space, with minimum dimensions of nine (9) feet by eighteen (18) feet in size. Alternatively, the total amount of required parking for all mobile home spaces may be within a common parking area inside the mobile home park; subject to approval of the parking plan before the planning and zoning commission as a non- public hearing agenda item. All common parking areas shall be designed and approved as specified in section 17.57.080 of this chapter. Section 9: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.050 Walks is hereby amended as follows: 17.26.050 Walks. Provisions shall be made for at least a thirty (30) inch wide, well - drained gravel-walks and made of at a minimum the material as the park street within the park for foot traffic to and from all mobile home spaces. Walkways shall not be included within the mobile home space. Section 10: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.060 Street names is hereby amended as follows: 17.26.060 Street names. Posting of street names and space numbers /addresses are the responsibility of the ownor of the mobile home park owner. Street names and space numbers shall be assigned by the mobile home park owner and submitted to the community development department for review and approval subject to applicable street naming requirements. The established street names and space numbers /addresses shall be made available to theborough -and other public agencies (e.g., fire department, law enforcement agencies, post office) by the community development department. Each- rmebite -herne Section 11: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.070 Mobile home spaces is hereby amended as follows: 17.26.70 Space - sever-age Mobile home spaces. A. "Mobile home space" means a plot of ground at least thirty (30) feet in width and of sufficient length to meet all separation distances specified in this section and located within a mobile home park intended for the accommodation of a mobile home. B. No mobile home space shall contain more than one (1) mobile home ordoublewide mobile home. No other dwelling unity shall occupy a mobile home space. C. No combination of mobile home, addition thereto, or accessory building, shall occupy more than fifty (50) percent of the mobile home space. D. Each mobile home space within the park shall have direct access to a park street. The park street system shall have a connection to a public street with a right -of -way of not less than fifty (50) feet. E. No portion of a mobile home will be within twenty -five (25) feet of any public street not within the mobile home park, nor shall it be within ten (10) feet of any park street. F. No portion of a mobile home, excluding the tongue, shall be closer than ten (10) feet side to side, eight (8) feet end to side, or six (6) feet end to end horizontally from any other mobile home or community building unless the exposed composite walls and roof of either structure are without openings and constructed of materials that will provide a one (1) hour fire resistance rating or the structures are separated by a one (1 ) hour fire -rated barrier. G. An accessory building or a structure constructed of combustible materials shall be located no closer than five (5) feet from any other accessory building or structure within or adjacent to the mobile home space, and no closer than six (6) feet from any mobile home. Kodiak Island Borough, Alaska Ordinance No. F12006 -03 Page 3 of 4 H. No addition or combination of additions shall increase the area of the mobile home as ori.inall manufactured by more than one hundred 100 ercent. Section 12: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.100 Minimum distances is hereby repealed: Section 13: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.110 Screening is hereby amended as follows: 17.26.110 Screening. The commission may require that a fence, wall, or hedge be established and maintained between the mobile home park and any other lot if there is complaint found by the planning and zoning commission to warrant such screening. a written Section 14: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.120 Parking of mobile homes is hereby amended as follows: 17.26.120 Parking of mobile homes. A mobile home shall not remain more than seventy -two (72) hours in a park unless it is parked in a mobile home space or in a designated on site storage area referenced in chapter 17 26 090 of this title Section 15: Title 17 Zoning 4 Chapter 17.26 Mobile Home Parks Section 17.26.130 Mobile homes on individual lots is hereby amended as follows: 17.26.130 Mobile homes on individual lots. A. No more than one (1) mobile home shall be allowed on an individual lot, unless the mobile home is legated pal ed in a mobile home park. A single mobile home on an individual lot shall be subject to any ordinances which pertain to single - family residences: B. Individual mobile homes shall be subject to the minimum lot size and setback requirements of the particular zoning district in which they are to be located; and C. All mobile homes must be inspected and receive a certificate of occupancy from the building official prior to occupancy, except in those municipalities where the building code has not been adopted. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTIETH DAY OF OCTOBER 2005 KODIAK ISLAND BOROUGH ATTEST: �. IL j u.ith Nielsen, Borough Clerk Kodiak Island Borough, Alaska me M. Selby, Borough Ma Ordinance No. FY2006 -03 Page 4 of 4