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Help & SupportChapter 10-12: Mobile Homes37
The purpose of this chapter is to protect the public health, safety, and welfare of the residents of the city by regulating the construction, alteration, extension, location, installation, use, and maintenance of all mobile homes and mobile home parks in the city. Nothing in this chapter shall be construed to discriminate against mobile homes as housing.
The following words used in this chapter have the following meanings unless the context clearly indicates otherwise:
"Accessory structure" means any structural addition to a mobile home or a mobile home space, including without limitation, awnings, carports, porches, storage cabinets, and similar appurtenant structures.
"Camper" means a unit containing cooking or sleeping facilities that is designed to be loaded onto or affixed to the bed or chassis of a truck to provide temporary living quarters for recreational camping or travel use.
"Mobile home" means a transportable, single-family dwelling unit, suitable for year-round occupancy that contains the same water supply, waste disposal, and electrical conveniences as immobile housing, that has no foundation other than wheels or removable jacks for conveyance on highways, and that may be transported to a site as one or more modules, but the term does not include "travel trailers," "campers," "camper buses," or "motor homes," or modular homes designed to be placed on a foundation.
"Mobile home park" means any lot or tract of land designed, used, or intended to provide a location or accommodation for one or more mobile homes and upon which any mobile home or homes are parked or located, whether or not the lot or tract or any part thereof is held or operated for profit, but the term excludes automobile or mobile homes sales lots on which mobile homes are parked only for inspection and sale.
"Mobile home space" means a plot of ground within a mobile home park designed for the accommodation of one mobile home and its accessory structures.
"Motor home" means a motor vehicle containing cooking or sleeping facilities and designed as temporary living quarters for recreational camping or travel use and includes, without limitation, vehicles designated as "camper buses" and those that may have been originally designed for use as vans or buses but that have been converted to use as living quarters.
"Travel trailer" means a portable structure, mounted on wheels and designed to be towed by a motor vehicle, that contains cooking or sleeping facilities to provide temporary living quarters for recreational camping or travel.
10-12-3 Application of Chapter to Existing Mobile Homes and Mobile Home Parks.
(a) Any mobile home park in existence in the city on July 5, 1973, or annexed to the city after such date that complies with all applicable legal requirements then in effect is deemed to be legally nonconforming and is not subject to the provisions of this chapter except those concerning blocking and tying down of mobile homes (section 10-12-8, "Blocking and Tie-Down Required," B.R.C. 1981), use of gas fuel, and fire protection (paragraphs 10-12-21(a)(7), (a)(8), and (a)(10), B.R.C. 1981). But any person who alters or extends such a legally nonconforming mobile home park shall conform to all applicable provisions of this chapter for such alterations and extensions.
(b) An individual mobile home may be replaced or relocated within a legally nonconforming mobile home park if such mobile home is blocked and tied down in compliance with the requirements of section 10-12-8, "Blocking and Tie-Down Required," B.R.C. 1981, and if gas connections are made in compliance with the requirements of paragraphs 10-12-21(a)(7) and (a)(8), B.R.C. 1981.
(c) Any mobile home in existence in the city on July 5, 1973 or annexed to the city after such date that complied with all applicable legal requirements then in effect is considered to be legally nonconforming and is not subject to the provisions of this chapter except the requirements relating to blocking and tying down of mobile homes (section 10-12-8, "Blocking and Tie-Down Required," B.R.C. 1981).
(d) If any such legally nonconforming mobile home is removed from its location, whether within a mobile home park or elsewhere, the mobile home may not be replaced or relocated except in conformity with all applicable requirements of this chapter. If the use of such a legally nonconforming mobile home is discontinued for a period of twelve consecutive months or more, no person shall occupy the mobile home until it conforms with all requirements of this chapter.
(e) No person may replace an existing mobile home located on a mobile home space that is not large enough to provide the minimum requirements of section 9-7-10, "Mobile Home Park Form and Bulk Standards," B.R.C. 1981, by a larger mobile home, but such person may replace such existing mobile home with a mobile home of the same or smaller length and width dimensions.
(f) No person shall replace an existing mobile home located on a lot outside a mobile home park with a larger mobile home, but such person may replace such mobile home with a mobile home of the same or smaller length and width, if the replacement is made within thirty days after the removal of the existing mobile home.
Ordinance Nos. 5462 (1992); 5562 (1993).
(a) The city manager may enter any mobile home park in the city to inspect and investigate conditions relating to the enforcement of this chapter at all reasonable times.
(b) Whenever, after inspection of any mobile home or mobile home park, the city manager finds any violation of this chapter, the manager shall give to the owner of the mobile home or the mobile home park a notice that specifies:
(1) The provisions of this chapter that are alleged to be violated;
(2) A reasonable period of time in which to correct the alleged violation; and
(3) The right to appeal the violation notice within thirty days from the date of its issuance to the board of zoning adjustment or board of building appeals under the procedures prescribed by section 10-12-24, "Appeals and Variances," and chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.
(c) The city manager shall reinspect the mobile home or the mobile home park for which a notice of violation was issued upon expiration of the period of time stated in the violation notice for correction of the alleged violation.
10-12-5 Residential Mobile Homes Required to be in Mobile Home Park.
(a) Except as provided in this section, no person shall park or locate any mobile home or use a mobile home as a dwelling permanently, temporarily, or for indefinite periods of time, unless the mobile home is located in a mobile home park.
(b) A person may park or stop a mobile home on any street, alley, or public or private property in the city for not more than seventy-two hours but only if the home is not occupied and only if the parking or stopping complies with all traffic and parking provisions of this code and any other ordinance of the city and any signs and instructions posted on the property on which the mobile home is parked.
(c) A person may park a mobile home for inspection and sale on a mobile home sales lot, but no person shall fail adequately to secure all mobile homes so parked on such lots against damage and overturning by high winds.
10-12-6 Nonresidential Use of Mobile Home.
(a) A person may use a mobile home as an office or other nonresidential use on a temporary basis during construction or remodeling connected with a use permitted on the lot, if the use and location of the mobile home comply with all applicable zoning and building provisions of this code and other ordinances of the city, but only if the mobile home is removed from the site upon completion of the construction or remodeling and only if the home is adequately secured against damage and overturning by winds while on the premises.
(b) A person may use a mobile home for nonresidential purposes on other than a mobile home park for other than construction or remodeling if the person requests a special exception for such use from the board of zoning adjustment. The board may grant a special exception if it finds that:
(1) The use of the mobile home is a temporary and accessory use necessary to enhance the principal use of the property;
(2) The use is limited to no more than twenty-four months, unless the board finds good cause for a longer use;
(3) The mobile home installation meets all of the requirements of this chapter relating to tie-down and wind security;
(4) The applicant has demonstrated an undue hardship and the need for the temporary use pending permanent construction of other facilities; and
(5) If granted, the special exception will not adversely affect the character of the neighborhood in which the mobile home is proposed to be located nor substantially impair the appropriate use and development of adjacent property.
(c) The board may impose reasonable conditions upon the use that it deems necessary to promote the purposes of this chapter.
(a) The following accessory structures to an individual mobile home are permitted if they comply with all applicable provisions of this code and other ordinances of the city: unenclosed carports and porches; awnings; and detached storage cabinets that do not exceed one hundred fifty square feet in floor area. Such structures:
(1) Shall not obstruct required openings for light and ventilation of the mobile home or prevent inspection of mobile home equipment and utility connections; and
(2) Shall be located at least ten feet from any adjacent mobile home.
(3) The requirements of this subsection may be modified as part of a site review approval under the provisions of section 9-2-14, "Site Review," B.R.C. 1981.
(b) Existing accessory structures not in compliance with the requirements of this section may remain in place only until the mobile home to which the structures are accessory is removed or replaced. When such mobile home is replaced, no person owning or occupying the mobile home or using the accessory structure shall fail to remove all such accessory structures or bring them into compliance with the applicable provisions of this chapter.
(Ordinance Nos. 4907 (1985); 5562 (1993))
10-12-8 Blocking and Tie-Down Required.
(a) No owner or occupant of a mobile home shall fail to provide a skirting of rigid material for the mobile home or fail to secure the mobile home against wind damage by providing tie-downs as required in this section.
(b) The city manager may reduce the number of tie-down sets for any mobile home park constructed before July 5, 1973 and annexed to the city after July 5, 1973, if the manager determines, after presentation of evidence by the owner or occupant of a mobile home, that certain spaces are not subject to the wind forces upon which these requirements are based.
(c) No owner or occupant of a mobile home shall fail to provide it with tie-downs to the main framing members of the mobile home that comply with the following conditions:
(1) In mobile home parks constructed before July 5, 1973:
Length of Mobile Home |
Required Tie-Down Sets |
Number of Anchors |
|---|---|---|
| Up to 50 feet | 2 |
4 |
| 50 to 70 feet | 3 |
6 |
| Over 70 feet | 4 |
8 |
(2) In mobile home parks constructed after July 5, 1973:
Length of Mobile Home |
Required Tie-Down Sets |
Number of Anchors |
|---|---|---|
| Up to 30 feet | 2 |
4 |
| 30 to 50 feet | 3 |
6 |
| 50 to 70 feet | 4 |
8 |
| Over 70 feet | 5 |
10 |
(3) All ties are fastened to an anchorage as provided in section 10-12-9, "Anchorage," B.R.C. 1981, and are drawn tight with one-half inch or larger galvanized, drop-forged turnbuckles or other equivalent tightening device approved by the city manager. Turnbuckles are ended with jaws or forged or welded eyes. Turnbuckles with hood ends are not used.
(4) All cable ends are secured with at least two U-bolt type cable clamps or other fastening device approved by the city manager.
(5) Cable used for tie downs is either galvanized steel or stainless steel and either three-eighths-inch diameter 7 x 7 (seven strands of seven wires each) steel cable or three-eighths-inch diameter 7 x 19 (seven strands of nineteen wires each) "aircraft" cable.
(6) When flat steel strapping is used, it meets federal specifications QQ-S-781 (one and one-fourth inch x 0.035 inch Type 1, Class B, Grade 1). Zinc coating is a minimum of 0.30 ounces per square foot of surface. Breaking strength is a minimum of four thousand seven hundred fifty pounds.38 Other material used is at least equal to the above specifications in tensile strength and weather resistance.
(7) Steel bands used for ties terminate with a D-ring bolt or other device that will not cause distortion of the band with a tensioning device attached.
(8) Sharp edges of the mobile home that would tend to cut the cable when the home is buffeted by wind are protected by a thimble or other device to prevent such cutting.
(9) Connection to the I beam may be by a five-eighths inch drop forged closed eye, bolted through a hole drilled through the beam. A washer or its equivalent is used so that the beam is sufficiently fish-plated through the hole.
(d) The city manager may approve other connectors or means of securing the cable to the beam if they are of equivalent holding power and permanence.
(a) Ground anchors shall comply with the following conditions:
(1) They are aligned with the piers required by section 10-12-10, "Piers and Footings," B.R.C. 1981, and are situated immediately below the outer wall if they are to accommodate over-the-home ties, if this placement allows for sufficient angle for the anchor-to-frame connection.
(2) Steel rods are of a five-eighths-inch minimum diameter with a forged or welded eye at the top; the bottom of the rod for dead-man anchors is hooked into the concrete.
(3) Augers are at least six inches in diameter, with arrowheads of eight inches, and are sunk to a depth of at least five feet.
(4) Dead-man anchors are sunk to a depth of at least five feet with a minimum vertical dimension of two feet and a diameter of six inches; no celled concrete blocks are provided.
(b) The city manager may approve anchors to reinforced concrete slabs if they are of strength comparable to the requirements set forth in this section and if the weight of the mobile home rests on the slab.
(a) Piers and footings on all mobile homes, except those installed before April 21, 1972, shall meet the following conditions:
(1) All piers are placed on footers of concrete with a minimum dimension of sixteen inches by sixteen inches by four inches or an equivalent as approved by the city manager.
(2) Piers are constructed as standard eight inches by eight inches by sixteen inches celled concrete blocks placed over the footings with the long dimension crossways to the main frame members and centered under them, with cells vertical; piers are of a height so that the mobile home will be located as close to the ground as possible.
(3) Piers are topped with a concrete cap eight inches by sixteen inches by four inches.
(4) Hardwood shims are driven tight between the cap and the main frame to provide uniform bearing and are four inches or less in thickness and wide enough to provide bearing over the top cap.
(5) Required piers are centered under each main frame or chassis member within five feet of anchorage, and the end piers are no farther than five feet from the ends of the mobile home. There is at least one pier for required anchorage.
(b) The city manager may approve other types of piers and footings of equivalent permanence and weight bearing ability.39
(a) Cabanas, awnings, and similar accessory structures shall comply with the city building code, chapter 10-5, "Building Code," B.R.C. 1981.
(b) Other adjacent structures such as storage bins, antennas, and refuse containers shall be secured and approved as required by the city manager.
10-12-12 Alternative Tie-Down and Blocking Methods.
If a mobile home park owner or developer wishes to use different tie-down, blocking, or anchorage systems than those required by this chapter, before seeking approval of a final mobile home park site plan from the planning board, the owner or developer shall obtain approval from the city manager for typical tie-downs and for each individual space shown on the proposed final site plan, based on plans for the method and materials for tie-down pads designed by a Colorado licensed professional engineer and complying with the city building code, chapter 10-5, "Building Code," B.R.C. 1981.
10-12-13 Mobile Home Park Environmental Standards.
(a) Each mobile home park shall be located on a well-drained site and located so that its drainage will not constitute an unreasonable hazard or nuisance to persons, property, or water supply in the immediate vicinity. The site shall be free of marshes, swamps, or other potential breeding places for insects or rodents; not be subject to undue flooding or fire or safety hazards; and not be exposed to nuisances such as noise, smoke, fumes, or odors. The topography of the site shall minimize the need to grade, facilitate useable mobile home placement, and provide for convenient maintenance. Initial site grades shall not exceed eight percent.
(b) The requirements of subsection (a) of this section may be modified as part of a site review approval under the provisions of section 9-2-14, "Site Review," B.R.C. 1981.
(c) Where the mobile home park site is being annexed to the city or is subject to city regulation by use of city utility services, the mobile home park owner shall pay the park land acquisition and development fee required by that section after a consideration of recommendations by the planning board and the parks and recreation advisory board.
(d) Repealed.
(Ordinance Nos. 4907 (1985); 5562 (1993))
10-12-14 Nonresidential Uses in Mobile Home Parks.
(a) No person shall use any part of a mobile home park for nonresidential purposes except such uses that are required for the direct benefit and well-being of park residents and for the management and maintenance of the park, including, without limitation, convenience stores, personal service shops, and day care nurseries provided for the exclusive convenience and use of the residents, as permitted under section 9-6-1, "Schedule of Permitted Land Uses," B.R.C. 1981, and approved as part of the site plan under the provisions for special use review use of section 9-2-15, "Use Review," B.R.C. 1981, or approved as part of a site review approval under the provisions of section 9-2-14, "Site Review," B.R.C. 1981.
(b) If any such nonresidential uses are located in a mobile home, the mobile home shall meet the tie-down requirements of section 10-12-8, "Blocking and Tie-Down Required," B.R.C. 1981.
(Ordinance Nos. 4803 (1984); 4907 (1985); 5562 (1993))
(Ordinance No. 4907 (1985))
10-12-16 Travel Trailer and Camper Areas in Mobile Home Parks.
(a) If areas are to be provided within the mobile home park for the accommodation of travel trailers, campers, motor homes, and camper buses for temporary occupancy, such areas shall be located where the parking, use, and occupancy of such vehicles does not constitute a nuisance to other residents of the mobile home park and shall be screened from the remainder of the mobile home park spaces in order to reduce undue noise and other disturbance. Such areas shall be located convenient to community service and sanitary facilities, and utilities provided on the spaces shall comply with all applicable health and safety regulations of this code and other ordinances of the city.
(b) Anchors and cables with turnbuckles shall be provided for tying down travel trailers as required by sections 10-12-8, "Blocking and Tie-Down Required," and 10-12-9, "Anchorage," B.R.C. 1981.
(Ordinance No. 5271 (1990))
Ordinance No. 4907 (1985).
(a) Where any mobile home park is located on flat open land, without natural barriers to strong winds (such as hills, bluffs, or large stands of trees), windbreaks shall be provided to protect mobile homes from the effects of such winds.
(b) Windbreaks shall be designed and located in relation to wind velocities and directions and the existing and proposed topography and vegetation and shall be approved by the planning department.
(c) One or more of the following techniques shall be used in providing windbreak screening:
(1) Landscape buffering: a combination of trees and "understory" shrubbery of dense deciduous or evergreen plant material with mature shrub heights ranging from four to twelve feet or clustered or row-planted tree or shrub hedges;
(2) Earth berming combined with landscape buffering; or
(3) Opaque fencing (eighty five percent or more capacity) or wood or masonry screening, complying with building and zoning code requirements.
(4) Other techniques may be utilized as part of a site review under the provisions of section 9-2-14, "Site Review," B.R.C. 1981.
(d) All plant material used for windbreak protection shall be of an established variety known to provide wind resistance in the Boulder area and conforming to the American Association of Nurserymen specifications and standards.
(Ordinance Nos. 4907 (1985); 5562 (1993))
10-12-19 Mobile Home Park Streets and Walkways.
(a) The mobile home park site shall have at least two exits to a public street or highway and access roads to each mobile home space.
(b) All streets and access ways providing ingress to and egress from the mobile home park and circulation within the mobile home park shall be constructed in compliance with the City of Boulder Design and Construction Standards and shall be completed within a period of two years after the date of issuance of the mobile home park permit.
(c) The minimum distance from the curb shall be twenty-eight feet for one-way streets and thirty-six feet for two-way streets. The minimum corner radii of all streets shall be one hundred feet. If off-street parking areas are provided exceeding those required by section 9-7-10, "Mobile Home Park Form and Bulk Standards," B.R.C. 1981, and no on-street parking will be permitted in the mobile home park, the city manager may reduce the street width.
(d) If any streets, easements, or other lands are required to be dedicated to the city for public use, the developer shall submit the necessary legal documents or file a plat of the mobile home park covering the dedication of such property before or at the time of final approval of the mobile home park permit, issued under section 4-14-3, "Mobile Home Park Permit," B.R.C. 1981.
(e) Paved walkways at least four feet wide shall be provided from all mobile home spaces to service buildings and other community areas and along all access roads. Pedestrian circulation areas shall be lighted at night by seven thousand-lumen lighting standards (one hundred seventy-five-watt mercury vapor bulbs) spaced not more than three hundred feet apart, with a maximum height of twenty-five feet, or by other lighting methods producing an equivalent level of light at the ground.
(f) The requirements of this section may be modified as part of a site review under the provisions of section 9-2-14, "Site Review," B.R.C. 1981.
(Ordinance Nos. 4907 (1985); 5562 (1993); 5986 (1998))
Storage areas for boats, boat trailers, travel trailers, tent trailers, horse trailers, and detachable pickup campers shall be provided within the mobile home park in an amount equal to one hundred square feet per mobile home space. Such areas shall be screened from adjacent residential properties and public streets by opaque fencing or landscaping and shall be provided with tie-down anchors.
10-12-21 Utilities and Other Public Improvements.
(a) Utilities and public improvements shall meet the following conditions:
(1) All utility lines and service lines within the mobile home park are placed underground.
(2) The mobile home park and all individual mobile homes therein are connected to the city water system, which is used exclusively. Private wells may be used for irrigation purposes if they comply with requirements of state law.
(3) The mobile home park and all individual mobile homes therein are connected to the city's wastewater utility system in compliance with chapter 11-2, "Wastewater Utility," B.R.C. 1981, and all sanitary sewer service lines and appurtenances are maintained and operated so as not to create a nuisance or health hazard.
(4) All plumbing in the mobile home park complies with the city plumbing code, chapter 10-10, "Plumbing Code," B.R.C. 1981, and mobile home drains are watertight and self-draining.
(5) An electrical outlet supplying at least one hundred twenty/two hundred forty volts for utility company three-wire meters, with a minimum of fifty amps capacity, is provided for each mobile home space in compliance with the city electric code, chapter 10-6, "Electrical Code," B.R.C. 1981, and electrical outlets are weatherproofed and power lines and service connections to the mobile home are located in safe conduits below ground level.
(6) The storage, collection, and disposal of refuse in the mobile home park is managed so as to create no health hazards, rodent harborage, insect breeding areas, accident hazards, or air pollution. All refuse is stored in fly-tight, water-tight, rodent-proof containers, provided in sufficient number and capacity to prevent refuse from overflowing or blowing away. Trash container racks or holders are provided at permanent locations convenient to mobile home spaces in areas appropriately screened. Containers are anchored to prevent tipping or spilling due to winds or animals. No incinerators are provided. Refuse is collected at regular intervals, but no less often than twice per week.
(7) Mobile homes using liquefied petroleum gas for cooking and heating comply with applicable laws and regulations of the State of Colorado regarding liquefied petroleum gases and the city mechanical code, chapter 10-9, "Mechanical Code," B.R.C. 1981.
(8) If the mobile home park is connected to a natural gas supply, a readily accessible and identified shut-off valve controlling the flow of gas to the entire gas piping system is installed near the point of connection to the service piping, and each mobile home space has an approved gas shut-off valve installed upstream of the mobile home gas outlet located on the outlet riser at a height of not less than four inches above ground level and not located under any mobile home. Whenever the mobile home lot outlet is not in use, the outlet is equipped with an approved cap or plug to prevent accidental discharge of gas. Approved flexible connections are installed between the gas meter and the gas piping serving the mobile home.
(9) All piping from outside fuel storage tanks or cylinders to heating units in mobile homes is of standard weight wrought iron or steel pipe or brass or copper pipe of iron pipe size and is permanently installed and securely fastened in place. All fuel storage tanks or cylinders are securely fastened in place and are not located inside or beneath the mobile home or closer than five feet to any mobile home exit.
(10) Oil is stored in tanks or containers not exceeding one hundred twenty gallons in capacity, mounted on an incombustible frame at the rear of the mobile home, vented, and provided with a stop cock at the outlet of the container and another stop cock on the fuel line where it enters the mobile home. Where feasible, the oil storage facility is placed underground.
(11) Every mobile home park is equipped with fire extinguishing equipment prescribed and located in accordance with the requirements of the city fire code, chapter 10-8, "Fire Prevention Code," B.R.C. 1981. Fires are made only in stoves and other equipment intended for such use.
(b) No mobile home park owner or operator shall connect or permit the connection of any fuel heating unit in a mobile home until such heating unit is inspected and approved by the city manager and the manager issues a permit therefor.
10-12-22 Mobile Home Park Sanitary Facilities.
(a) Every mobile home park shall have sanitary facilities in a service building or office building accessible to all mobile homes within the park.
(b) Any mobile home park that provides accommodations for travel trailers shall provide at least the following toilet and bathing facilities, located in a building that is convenient to the area designed for travel trailer use and not more than two hundred feet from such area:
Number of Travel Trailer Spaces Provided |
Male Facilities |
Female Facilities |
|---|---|---|
| First 10 (or fraction thereof) | 1 toilet 1 urinal 1 lavatory (washbasin) 1 shower |
2 toilets 1 lavatory (washbasin) 1 shower |
| Each additional 10 (or fraction thereof) |
1 toilet (a urinal may be 1 lavatory 1 shower |
1 toilet 1 lavatory 1 shower |
(a) The buildings containing the management office and other common facilities (repair shops, storage areas, sanitary and laundry facilities, indoor recreation areas, and commercial areas) shall be conveniently located for their intended uses and may be consolidated if a single location will adequately serve all mobile home spaces. All buildings containing such common facilities shall be located at least fifteen feet from any mobile home space and conform to all applicable requirements of the city building code, chapter 10-5, "Building Code," B.R.C. 1981, and other ordinances of the city.
(b) Where outside drying areas are provided adjacent to service buildings, they shall be screened from view so that they do not detract from the appearance of the mobile home park and are not objectionable to residents of neighboring properties. A minimum of two thousand five hundred square feet of drying area shall be provided for each one hundred mobile home spaces. But if drying areas are provided on individual mobile home spaces, the minimum area required by this subsection may be reduced by the amount of area actually provided on individual mobile home spaces.
(c) The requirements of this section may be modified as part of a site review under the provisions of section 9-2-14, "Site Review," B.R.C. 1981.
(Ordinance Nos. 4907 (1985); 5562 (1993))
10-12-24 Appeals and Variances.
(a) Any person to whom a notice of violation has been issued under section 10-12-4, "Enforcement," B.R.C. 1981, may appeal the notice to the board of building appeals on the grounds that the notice is legally or factually incorrect, or both, or may request that a variance be granted from the requirements of this chapter. Any such appeal shall be taken in the manner set forth in this section, and any hearing held in connection therewith shall be conducted under the procedures prescribed in chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. An appeal and a request for variance may be filed in the alternative. A person may appeal the issue of whether the period of time stated in the violation notice for correcting the alleged violation is reasonable. A person who believes that an administrative decision regarding or an interpretation of the terms of this chapter is factually or legally incorrect may appeal such decision or interpretation to the board of building appeals (regarding sections 10-12-8, "Blocking and Tie-Down Required," 10-12-9, "Anchorage," 10-12-10, "Piers and Footings," 10-12-11, "Cabanas and Awnings," 10-12-12, "Alternative Tie-Down and Blocking Methods," and 10-12-21, "Utilities and Other Public Improvements," B.R.C. 1981) or the board of zoning adjustment (regarding any other provision of this chapter).
(1) An appeal from an order of the city manager alleging violation of requirements relating to construction of buildings or utilities or blocking and tying down of mobile homes, sections 10-12-8, "Blocking and Tie-Down Required," 10-12-9, "Anchorage," 10-12-10, "Piers and Footings," 10-12-11, "Cabanas and Awnings," 10-12-12, "Alternative Tie-Down and Blocking Methods," and 10-12-21, "Utilities and Other Public Improvements," B.R.C. 1981, shall be made to the board of building appeals.
(2) An appeal from the order of the manager alleging any other violation of this chapter shall be filed with the board of zoning adjustment.
(3) An appellant shall file the appeal, request for variance, or both in the alternative to the board of zoning adjustment or the board of building appeals within thirty days from the date of service of the notice of alleged violation. The appellant may request more time to file. If the appellant makes such request before the end of the time period and shows good cause therefor, the manager may extend for a reasonable period the time to file with either board.
(4) The fee for filing an appeal with the board of zoning adjustment or the board of building appeals is that prescribed by subsection 4-20-47(a) or (b), B.R.C. 1981.
(b) Every variance request that involves a modification, enlargement, or expansion of an approved mobile home park or modification of any conditions placed upon the use at the time of initial approval of the mobile home park permit is subject to the requirements regarding uses permitted by use review in section 9-2-15, "Use Review," B.R.C. 1981.
(c) If an applicant requests that the board of zoning adjustment grant a variance from the requirements of this chapter, the board shall not grant a variance unless it finds that each of the following conditions exists:
(1) There are unique physical circumstances or conditions, such as irregularity, narrowness, or shallowness of the site, or exceptional topographical or other physical conditions peculiar to the affected property;
(2) Because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this chapter;
(3) Such circumstances or conditions have not been created by the applicant;
(4) If granted, the variance will not adversely affect the character of the neighborhood in which the mobile home park is proposed to be located nor substantially or permanently impair the appropriate use and development of the adjacent property; and
(5) If granted, the variance is the minimum variance that will afford relief and is the least modification possible of the ordinance provisions in question.
(d) If an applicant requests that the board of building appeals grant a variance from the requirements of sections 10-12-8, "Blocking and Tie-Down Required," 10-12-9, "Anchorage," 10-12-10, "Piers and Footings," 10-12-11, "Cabanas and Awnings," 10-12-12, "Alternative Tie-Down and Blocking Methods," and 10-12-21, "Utilities and Other Public Improvements," B.R.C. 1981, the board may grant a variance under the standards and procedures prescribed by the city building code, chapter 10-5, "Building Code," B.R.C. 1981.
(e) The board of zoning adjustment or board of building appeals may grant a variance subject to any conditions that it deems necessary or desirable to make the variance compatible with the purposes of this chapter.
(f) Unless used by the applicant, a variance granted by the board of zoning adjustment or the board of building appeals automatically expires one hundred and eighty days after the date it was granted or within such time as the board may prescribe unless an extension of the variance is obtained within such period after a showing of good cause upon application for such extension made before the expiration of the variance.
(g) The order of the city manager becomes the final order of the board of zoning adjustment or board of building appeals if:
(1) The applicant fails to appeal the manager's order to the board within the prescribed time limit;
(2) The applicant fails to appeal the order of the board to a court of competent jurisdiction within the prescribed time limit; or
(3) A court of competent jurisdiction enters a final order and judgment upon an appeal filed from the decision of the board under this chapter.
(Ord. Nos. 4803 (1984); 4879 (1985); 5562 (1993).
37 Adopted by Ordinance No. 4698. Derived from Ordinance No. 3914.
38 See paragraphs 1.2.11, 1.2.1.2, 3.10.2, 6.1.7, and table II of QQ-S-781.
39 The use of a heavy metal adjustment column anchored to both frame and footing is recommended.