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       CHAPTER X

       MOBILE HOME AND TRAVEL TRAILER
       PARK ORDINANCE

Section 10-1. Definitions.

       Whenever used in this Ordinance, unless a different meaning appears from the context, certain
terms or words in this Ordinance shall be defined as follows:

         (a)   Licensee means any person licensed to operate and maintain a mobile home or travel
trailer park under the provisions of this ordinance.

       (b)    Mobile home means any mobile home, house trailer, or structure intended for or capable
of human habitation, and capable of being driver, propelled, hauled or towed from place to place
without change in structure or design, by whatsoever name or title it is colloquially or commercially
known. Removal of wheels and placing such a structure on the ground, piers or other foundation shall
not remove such a structure or vehicle from this definition. Provided; that this definition shall not
include transport trucks or vans equipped with sleeping space only for a driver or drivers.

        (c)    Mobile home park shall be construed to mean and include any site, lot, field, or tract of
land, privately or publicly owned or operated which is five (5) acres or more designed for mobile
homes, used for living, eating, or sleeping quarters are, or are intended to be, located; such
establishment being a place where housing accommodations are available or may be established,
whether operated for or without compensation, by whatsoever name or title they are colloquially or
commercially known.

      (d)    Mobile home space means a plot of ground not less than 2,000 sq. ft. within a mobile
home park designed for the accommodation of one mobile home.

       (e)   Multiple dwelling means any structure designed and intended to accommodate more
than one family and includes, but is not limited to duplex buildings, group houses, and apartment
buildings.

       (f)    Park means mobile home or travel trailer park (dependent and/or independent).

       (g)    Permittee means any person to whom a temporary permit is issued to maintain or
operate a mobile home or travel trailer park under the provisions of this ordinance.

       (h)    Person means any natural individual, firm, trust, partnership, association or corporation.

       (i)    Dependent mobile home means a mobile home, which does not have a toilet and
bathtub or shower.

      (j)     Independent mobile home means a mobile home, which has a toilet and bathtub or
shower.
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       (k)   Service building means a substantial permanent building providing toilet facilities for
men and women and slop-water closet and other facilities for use in common by the occupants of
mobile home or travel trailer spaces.

        (l)    City means the City of Aliceville, Alabama and its police jurisdiction.

        (m)    Dependent mobile home park means a mobile home park for dependent mobile homes
only.

      (n)      Independent mobile home park means a mobile home park for independent mobile
homes only.

      (o)   Dependent mobile home space means a mobile home space intended to accommodate a
dependent mobile home only.

       (p)     Independent mobile home space means a mobile home space intended to accommodate
an independent mobile home but which may be used to accommodate a dependent mobile home
provided it shall be considered to be a dependent mobile home space when accommodating a
dependent mobile home with respect to Article IX of this ordinance. Travel trailer means a one or more
wheel vehicle or portable structure constructed for sleeping and living accommodations but which is
dependent upon permanent facilities for water, or sewerage, or electricity or gas for cooking and/or
heating purposes.

       (q)      Camper means a structure designed for sleeping and living accommodations mounted
on a four or six wheel self-propelled truck but which is dependent upon a permanent site for water or
sewerage, or electricity or gas for cooking and heating purposes.

        (r)    Travel trailer park means any lot, tract, or parcel of land five (5) acres or more, which is
designed to accommodate travel trailers.
(Prior Code § 10-1)

Section 10-2. License and Temporary Permit.

        (a)     It shall be unlawful for any person to maintain or operate a mobile home park within the
city limits or police jurisdiction of the city unless such person shall first obtain a license therefore,
except that the maintenance or operation of a mobile home park in existence on the effective date of
this ordinance may be continued under a temporary permit for such period of time and under such
conditions as are hereinafter prescribed. A health permit certified to by the county health officer shall
accompany the application for the license.

       (b)     A temporary permit, upon written request therefore shall be issued by the Building
Inspector for every mobile home park in existence upon the effective date of this ordinance, permitting
the park to maintained and operated during the period ending 180 days after the effective date of this
ordinance, without being subject to the provisions of this ordinance, except such of the provisions as
are made expressly applicable to permittees.

       (c)    The term of the temporary permit shall be extended, upon written request, for not to
exceed one additional period of 180 days, if (1) the permittee shall have filed application for a license in
conformity with Section 501 of this ordinance within 90 days after the effective date of this ordinance,
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(2) the permittee is of good moral character and the park plans and specifications accompanying the
application for license comply with all provisions of this ordinance and all other applicable ordinances
and statutes, (3) the permittee shall have diligently endeavored to make the existing park conform fully
to such plans and specifications shall have been due to causes beyond the control of the permittee.

        (d)    Any trailer park, which is not in accordance with these regulations, is non-conforming.
In non-conforming trailer parks, if a mobile home space is vacated, it cannot be re-occupied until the
mobile home park is brought into compliance with these regulations.
(Prior Code § 10-2)

Section 10-3. License Fee and Temporary Permit Fees.1

       (a)     The annual license fee for each mobile home park shall be $5.00 per space per year.
(Ord. No. 226)

        (b)    The fee for transfer of a license shall be $5.00.

        (c)    The temporary permit fee for each 180 days period shall be one-half of the annual license
fee prescribed in subsection 401.1 of this section.
(Prior Code § 10-3)

Section 10-4. Application for Initial License.

        Application for initial license for a mobile home or travel trailer park provided for in Section 10-
2 shall be filed with the City Clerk of the city in writing, signed by the applicant and shall include the
following:

        (a)    The names and address of the applicant.

        (b)    The location and legal description of the mobile home or travel trailer park.

       (c)      A complete plan of the park in conformity with the requirements of Section s10-14 and
10-15 of this ordinance.

       (d)    Plans an specifications of all buildings, improvements and facilities constructed or to be
constructed within the mobile home or travel trailer park.

        (e)    Permit certified to by the county health officer.

        (f)    A complete plot plan drawn to scale by an engineer, architect, landscape architect, or
city planner or surveyor, which plot plan shall show:

               (1)     The perimeter survey of the area and dimension of the mobile home or travel



1
    Legal Analysis: Prior Code § 10-3.License Fee and Temporary Permit Fees. Please review the fee
        provided for herein and advise as to any changes to make same current. The next section
        indicateds that this is a privilege license. If this is so then all references to the police
        jurisdiction need to be retained and the fee is $2.50 therein.
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                       trailer park; the topography at two (2) foot contour intervals, location and size of
                       all mobile home or travel trailer spaces; the location, width and arrangement of
                       off-street parking spaces, roadways and walkways; the location and size of water
                       and sewer lines; the location and manner of protection for the playground areas;
                       the proposed plan for drainage of the property included in the mobile home or
                       travel trailer park; proposed lighting system; and the plans and specifications for
                       the streets or roadways and walkways in said park.

               (2)     Such other further information as may be required by the Planning and Zoning
                       Commission of the city to enable it to determine if the proposed park (or existing
                       park if application be filed by permittee) will comply with all legal requirements.
(Prior Code § 10-4)

Section 10-5. Application Process.

        The application and all accompanying documents shall be filed in triplicate. The Planning and
Zoning Commission of the City (with the aid of proper municipal officers charged with the inspection
of building, plumbing, and electrical work and issuance of permits therefore) shall inspect the
application and the proposed plans and specifications; and the said commission shall investigate the
applicant. If the applicant be found of good moral character, and the proposed mobile home or travel
trailer park will, when constructed, altered, enlarged or improved in accordance with such plans and
specifications be in compliance with all the provisions of this ordinance and all other ordinances and
statutes, including the Zoning Laws of the City, the Planning and Zoning Commission shall issue
preliminary approval. The applicant will proceed with construction if the Building Inspector approves
the construction according to said application and plans and specifications. The Building Inspector will
issue a Certificate of Occupancy. The City Clerk of the City can then issue the privilege license.
(Prior Code § 10-5)

Section 10-6. License Renewal.

         Upon application in writing by a licensee for renewal of a license and showing of compliance
with the terms of this Ordinance and payment of the annual license fee, the City Clerk shall issue a
certificate renewing such license for another year.
(Prior Code § 10-6)

Section 10-7. License Non-Transferable.

        The license herein provided for and granted is a personal privilege, peculiar to the grantee and
is not transferable and no business may be conducted there under by any person other than the
grantee. If the park is sold, rented or transferred to another party, a new privilege license must be
issued and the license fee will be prorated.
(Prior Code § 10-7)

Section 10-8. Location of Mobile Homes, Travel Trailers.

        It shall be unlawful, within the limits of the city or police jurisdiction for any person to park or
locate any mobile home or travel trailer on any street, alley, or highway, or other public place, or on
any tract of land owned by any person, occupied or unoccupied, within the city or police jurisdiction
except as provided in this Ordinance. Except that travel trailer or campers can be parked in residential
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districts provided they are behind the building setback line and provided they are screened from
public view or as provided by the Zoning Ordinance.
(Prior Code § 10-8)

Section 10-9. Emergency Stopping/Parking.

        Emergency or temporary stopping or parking is permitted on any street, alley or highway for
not longer than one hour subject to any other further prohibitions, regulations, or limitations imposed
by the traffic and parking regulations or ordinances for that street, alley or highway.
(Prior Code § 10-9)

Section 10-10. Parking Prior to Adoption of Ordinance.

        No person shall park or locate any mobile home or travel trailer, occupied or unoccupied on
any lot, tract or parcel of land which is situated outside an approved mobile home or travel trailer park;
provided that where any person has parked or is occupying a mobile home or travel trailer contrary to
the provisions of this clause on the effective date of this ordinance and is occupying such mobile home
or travel trailer as a permanent dwelling on the effective date of this Ordinance, and such mobile home
or travel trailer is properly connected with the city water supply and sanitary sewer system (where
applicable), and is constructed and located in compliance with all requirements of the building,
plumbing, sanitary, health, zoning and electrical ordinances of the city and is not inhabited by a greater
number of occupants that for which it was designed, and is properly and duly registered as provided
by the Laws of the State of Alabama and all taxes due thereon have been duly paid, then such use as a
permanent place of abode or as a permanent dwelling may continue; provided further, that where such
use is abandoned for a period of ten (10) days or more, said mobile home or travel trailer is removed
from said premises for such period of ten (10) days or more, then such use shall not be resumed.
(Prior Code § 10-10)

Section 10-11. Construction Trailer or Mobile Home.

        A Contractor may be allowed to park a travel trailer or mobile home on a construction job site
within the city or police jurisdiction for office purposes, such parking to be limited to the duration of
the project completion, providing, however, that such mobile home or travel trailer is not used for
sleeping or dwelling purposes.
(Prior Code § 10-11)

Section 10-12. Trailers and Mobile Homes for Sale.

        Unoccupied mobile homes or travel trailers held for purpose of sale may be parked or located in
duly licensed automobile or mobile home or travel trailer sales lots in districts not otherwise prohibited
by law; provided, that no automobile or mobile home or travel trailer sales or sales business shall be
conducted in any mobile home or travel trailer park.
(Prior Code § 10-12)

Section 10-13. Mobile Home Park Zoning.2




2
    Legal Analysis: Prior Code § 10-13.Mobile Home Park Zoning. Deleted as superseded by zoning.
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        Mobile home parks may be located in any R-4 District or in any R-3 District if permitted by the
Zoning Board of Adjustment. Where any boundary of a park directly abuts property which is
improved within a permanent residential building located within twenty-five (25) feet of such
boundary, or directly abuts an unimproved property which may under existing laws and regulations
be used for permanent residential construction, an ornamental fence, wall or hedge at least ten (10) feet
high shall be provided along such boundary. Buildings in a mobile home or travel trailer park shall be
architecturally attractive and surrounded by landscaped yards.
(Prior Code § 10-13)

Section 10-14. Dependent and Independent Mobile Home Park Requirements.

       Dependent and independent mobile home parks shall conform to the following requirements:

       (a)    The park shall be located on a well-drained site, properly graded to insure rapid
drainage and free from stagnant pools of water.

        (b)      Each park shall provide mobile home spaces, and each space shall be clearly defined or
delineated. Each space shall have an area of not less than 2,000 square feet and width of not less than
thirty (30) feet and depth of not less than sixty (60) feet, and the average area of all spaces shall not be
less than 3,200 square feet, excluding drives, off-street parking, playgrounds, etc., and the average
width of all spaces shall not be less than forty (40) feet.

        (c)     Mobile homes shall be so located on each space that there shall be at least fifteen (15) feet
clearance between mobile homes, provided however, that with respect to mobile homes parked end-to-
end clearance may be less than fifteen (15) feet but shall not be less than ten (10) feet. No mobile home
shall be located closer than ten (10) feet to any building within the park or to any property line of the
park, which does not abut upon a public street or highway. No mobile home shall be located closer to
any property line of the park abutting upon a public street or highway less than twenty-five (25) feet or
such other distance as may be established by ordinance or regulation as a front yard setback
requirement with respect to conventional buildings in the district in which the mobile home park is
located.

        (d)     All mobile home spaces shall abut upon a driveway of not less than twenty (20) feet in
width, which driveway shall have unobstructed access to a public street, alley or highway, and each
mobile home space shall be clearly and permanently marked. If the mobile home spaces are to be sold,
the street right-of-way must be 50' minimum.

       (e)     Walkways not less than three (3) feet wide shall be provided from the mobile home
space to service buildings.

       (f)     All driveways and walkways within the park shall be hard-surfaced according to
minimum street paving specifications of the City and lighted at night with electric lamps of not less
than 100 watts each, spaced at intervals of not more than one hundred (100) feet.

        (g)     Each park shall provide service buildings to house such toilet, bathing and other
sanitation facilities as are hereinafter more particularly prescribed if deemed necessary by the Planning
Commission.

       (h)     An electrical outlet supplying at least 100-115/220-250 volts, 50 amperes, shall be
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provided for each mobile home space.

      (i)    Off-street parking must be provided at the ratio of two (2) off-street spaces per mobile
home space. Each off-street parking space shall be a minimum of two hundred (200) square feet.

        (j)     In each mobile home park, there shall be reserved and delineated on the plot plan at
least 5% of the total gross area for a playground.

        (k)      Each mobile home shall be provided with a patio adjacent to the entrance to the mobile
home. Such patio shall be a minimum of 175 square feet and shall be surfaced with and all-weather
rigid, impervious, permanent pavement meeting the minimum specifications prescribed for the
installation of sidewalks by the city engineer.

        (l)     Mobile home parks which, at the time of the adoption of this Ordinance, existed lawfully
with mobile home spaces that do not comply with any of the foregoing minimum area and width or
minimum average area and average width requirements, may continue to operate and shall be excused
from such compliance for a period of three (3) years following the effective date of this Ordinance.
After three (3) years, the mobile home park must conform to all requirements set forth in this
ordinance.

       (m)      Fences and Walls. Fences and walls located on or within 5 feet of lot lines shall not
exceed a height of six feet, except that such fences or walls shall not exceed height of 3 feet when
located in a required front yard.

        (n)    Corner Visibility. On a corner lot there shall be no structure or planting which
materially obstructs traffic visibility within the triangular space bounded by the two intersecting right-
of-way lines and straight line connecting two points on the street right-of-way lines 25 feet from their
intersection. Structural and planting masses below 2 ½ feet above average finished grade are not
deemed obstructions to visibility.
(Prior Code § 10-14)

Section 10-15. Travel Trailer Park Requirements.

       Travel trailer parks shall conform to the following requirements:

        (a)     The parks shall be a minimum of five (5) acres and shall be located on a well-drained
site, property graded to insure rapid drainage and free from stagnant pools of water.

        (b)      Each travel trailer park shall provide separate spaces, which shall be clearly defined or
delineated both on the plot plan and on the land. Each space shall have an area of not less than eight
hundred (800) square feet and a width of not less than twenty (20) feet and a depth of not less than
thirty (30) feet, and the average area of all spaces shall not be less than eight hundred (800) square feet,
excluding drives, off-street parking, playgrounds, etc., and the average width of all spaces shall not be
less than twenty-five (25) feet.

        (c)      No travel trailers shall be located closer to any property line of the park abutting
appointed public street or highway than fifteen (15) feet or such other distance as may be established
by Ordinance or regulation as front yard setback requirement with respect to conventional buildings in
the district in which the travel trailer park is located.
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        (d)      All travel trailer spaces shall abut upon a driveway of not less than twenty (20) feet in
width, which driveway shall have unobstructed access to a public street, alley or highway, and each
travel trailer space shall be clearly and permanently marked.

       (e)     Walkways not less than three (3) feet wide shall be provided from any travel trailer
space to the service building(s).

        (f)    All driveways and walkways in the park shall be hard-surfaced according to minimum
street paving specifications of the city and lighted at night with electric lamps of not less than one
hundred (100) watts each, spaced at intervals of not more than one hundred (100) feet.

        (g)     Each park shall provide service buildings to have toilet, bathing and other such
sanitation facilities as are hereinafter more particularly prescribed if deemed necessary by the Planning
Commission.

       (h)    An electrical outlet supplying at least 100-115/200-250 volts, 50 amperes, shall be
provided for each travel trailer space.

       (i)    Off-street parking must be provided at the ration of one off-street space per travel trailer
space. Each off-street parking space shall be a minimum of two hundred (200) square feet.

       (j)      In each travel trailer park, there shall be reserved and delineated on the plot plan at least
5% of the total gross area of the travel trailer park for a playground.

       (k)     Each travel trailer park shall be screened from adjoining properties y a wooden, concrete
fence or evergreen planting at least six feet in height.

        (l)     Any travel trailer park lawfully existing at the time of adoptions of this Ordinance,
which do not comply with Section 701, may continue to operate and shall be excused from such
compliance for a period of three (3) years following the effective date of this Ordinance. After three (3)
years, the travel trailer parks must conform to all requirements set forth in this Ordinance.
(Prior Code § 10-15)

Section 10-16. Water Supply.

        An adequate supply of pure water under pressure for drinking and domestic purposes shall be
supplied by pipes to all buildings and mobile home and travel trailer spaces within the mobile home
and travel trailer park to meet the requirements of the park, provided, that no common drinking
vessels, nor shall any drinking water faucets be placed in any toilet room or water closet compartment.
Each mobile home and travel trailer space shall be provided with a cold-water tap. An adequate
supply of hot water shall be provided at all times in any service building for all bathing, washing, and
cleansing facilities. Cold water supply shall have a minimum capacity of 325 gallons per day per space.
Travel trailer parks shall have adequate water supply to every four lots.
(Prior Code § 10-16)

Section 10-17. Independent Water Supply.

       Independent water supply can be used if public water is not available and if a private water
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system is approved by the city and the Health Department of the county.
(Prior Code § 10-17)

Section 10-18. Water Distribution System.

         The water distribution system within the mobile home or travel trailer park shall comply with
all minimum standards and specifications for the installation of public water distribution systems as
established by the provisions of the city plumbing code or ordinances. The mobile home or travel
trailer park water system shall provide running water service at a pressure of not less than twenty (20)
pounds per square inch at all outlets.
(Prior Code § 10-18)

Section 10-19. Drinking Fountain Requirements.

        At least one drinking fountain for each play area and one drinking fountain in the immediate
vicinity of each service building shall be provided for public use.
(Prior Code § 10-19)

Section 10-20. Fire Hydrant and Service Line Requirements.

        Where a public water system is available to the mobile home or travel trailer park, standard fire
hydrants and fire service lines shall be installed in such manner that a fire hydrant shall be located
within four hundred (400) feet of each mobile home or travel trailer space.
(Prior Code § 10-20)

Section 10-21. Sanitation Facilities.

        If the Planning Commission deems necessary, the dependent mobile home or travel trailer park
shall be provided for emergency purposes with the following facilities:

          (a)    One flush toilet and one urinal for males, one flush toilet for females, one lavatory for
each sex, and one shower or bathtub with individual dressing accommodations for each sex, for the
first fifteen (15) mobile home or travel trailer spaces of any less number thereof; and one additional
flush toilet and one additional urinal for males, one additional flush toilet for females, one additional
lavatory for each sex, and one additional shower or bathtub with individual dressing accommodations
for each sex, for each fifteen (15) mobile home or travel spaces or fractional number thereof.

      (b)     Each toilet and each shower or bathtub with individual dressing accommodations, for
which provision is made in sub-sections (a) and (b) shall be in a private compartment or stall.

       (c)     The toilet and other sanitation facilities for males and females shall be either in separate
buildings or shall be separated, if in the same building, by a soundproof wall. The sanitation facilities
for males and females shall be distinctly marked to denote the sex for which they are intended.

        (d)    The final plot of the mobile home or travel trailer park must be approved by the City or
Health Department of Pickens County, or similar service.
(Prior Code § 10-21)

Section 10-22. Service Buildings.
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       Service buildings may be required by the Planning Commission.

        (a)    Service buildings housing sanitation facilities shall be permanent structures complying
with all applicable ordinances and statutes regulating buildings, electrical installation and plumbing
and sanitation systems and must comply with the city building, plumbing and electrical codes.

       (b)      The service buildings shall be well-lighted at all times of the day and night, shall be
constructed of such moisture proof material, which may be painted woodwork, as shall permit
repeated cleaning and washing, and shall be maintained at a temperature of at least 68 Fahrenheit
during the period from October 1st to May 1st Fahrenheit during the period from October 1st to May 1st.
The floors of the service building shall be concrete, tile, or similar material impervious to water easily
cleaned and pitched to a floor drain.

        (c)    All service buildings and the grounds of all parks shall be maintained in a clean, sightly
condition and kept free of any condition that will menace the health of any occupant or the public or
constitute a nuisance. At least one service building providing minimum facilities as aforesaid shall be
located within two hundred (200) feet of every dependent mobile home or travel trailer space.
(Prior Code § 10-22)

Section 10-23. Sewage and Refuse Disposal.

       (a)     Waste from showers, bathtubs, flush toilets, urinals, lavatories and slop sinks in service
and other buildings within the park shall be discharged into a public sewer system in compliance with
applicable ordinances or into a private sewer and disposal plant or septic tank system of such
construction and in such manner as will present no health hazard, and in compliance with Health
Department standards and approved by the city engineer and Health Department of the county.

        (b)     Each mobile home and travel trailer space shall be provided with a sewer at least four
(4) inches in diameter which shall be connected to receive waste from the shower, bathtub, flush toilet,
lavatory and kitchen sink of the mobile home or travel trailer harbored in such space and having any or
all of such fittings which make a water-tight connection between the trailer drain and the sanitary
sewer; and which may be effectively closed against the escape of sewer gases when no trailer is on the
lot. The sewer in each space shall be connected to discharge the mobile home or travel trailer waste
into a public sewer system in compliance with applicable ordinances or into a private sewer and
disposal plant or septic tank system of such construction and in such manner as will present no health
hazard, and in compliance with the health Department Standards approved by the city engineer and
Health Department of the county.
(Prior Code § 10-23)

Section 10-24. Garbage Receptacles.

        Metal garbage cans with tight-fitting covers shall be provided in quantities adequate to permit
disposal of all garbage and rubbish. Garbage cans shall be located no farther than two hundred (200)
feet from any mobile home space. The cans shall be placed in a rack; they shall be covered and kept in
a sanitary condition at all times. Garbage and rubbish shall be collected and disposed of as frequently
as may be necessary to insure that the garbage cans shall not over-flow. Each mobile home park
garbage receptacle shall be placed adjacent to a street or a drive.
(Prior Code § 10-24)
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Section 10-25. Fire Protection.

        Every park shall be equipped at all times with fire extinguishing equipment in good working
order, of such type, size and number and so located within the park as to satisfy applicable reasonable,
regulations of the City Fire Department. No open fires shall be permitted at any place, which may
endanger life or property. No fires shall be left unattended at any time. On any mobile home park
containing more than twenty (20) spaces, an approved fire alarm box must be provided, which shall be
conspicuously and conveniently located and clearly identified and shall be suitably connected with the
municipal fire alarm system, if the City has a fire alarm system. In every mobile home park, suitable
telephone facilities shall be installed and maintained in a convenient and readily accessible place
predominantly marked and designated and kept available for use in giving fire alarms at any time.
(Prior Code § 10-25)

Section 10-26. Animals and Pets.

        No owner or person in charge of any dog, cat, or other pet animal shall permit it to run at large
or commit any nuisance within the limits of any mobile home or travel trailer park. No more than two
(2) pets (dogs and cats) shall be allowed in one mobile home or travel trailer and no pets shall be raised
for commercial purposes.
(Prior Code § 10-26)

Section 10-27. Supervision of Park.

        In every mobile home park there shall be an office building in which shall be located the office
of the person in charge of said park. A copy of this ordinance shall be posted therein, and said park
register (which shall be open at all times to inspection by the state and Federal officers and officers of
the City of Aliceville, Alabama shall at all times be kept in said office. The park register shall show for
all guests:

       (a)     Names and addresses

       (b)     Dates of entrance and departure

       (c)     License numbers of all mobile homes and of towing and other vehicles.

       (d)     State issuing such licenses.

       (e)     Place of last location and length of stay.

       (f)     Inspector's Right of Entry. Upon presentation of proper credentials, the inspector may
               enter at reasonable times any building, structure or premises in the city to inspect the
               same for compliance with the requirements of this Ordinance and to perform any other
               duty imposed upon him thereby.

        (g)    Such other information as may be required by the laws of the State of Alabama.
(Prior Code § 10-27)

Section 10-28. Revocation of License.
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        The City of Aliceville may revoke any license to maintain and operate a park when the licensee
has been found guilty by a court of competent jurisdiction of violating any provisions of this
Ordinance. After such conviction, the license shall be re-issued if the circumstances leading to
conviction have been remedied and the park is being maintained and operated in full compliance with
law.
(Prior Code § 10-28)

Section 10-29. Posting of License.

        The license certificate or temporary permit shall be conspicuously posted in the office of the
mobile home park at all times.
(Prior Code § 10-29)

Section 10-30. Severability of Provisions.

        Should any section, sub-section, or provision of this Ordinance be declared invalid, such
decision shall not affect the validity of the remaining portions of this Ordinance.
(Prior Code § 10-30)

Section 10-31. Penalties for Violation.

        Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor,
and upon conviction thereof, shall be fined in an amount not less than $5.00 nor more than $100.00.
Each day such violation is committed or permitted to continue shall constitute a separate offense and
shall be punishable as such hereunder.
(Prior Code § 10-31; Ord. No. 216)
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                                                               3
                                        ORDINANCE #510

                         LAND USE AND DEVELOPMENT ORDINANCE
                                City of Aliceville, Alabama

       Ordinance Revising, Supplementing and Amending All Prior Ordinances
          Dealing with the Subject Matter Including but Not Limited to the
                  City of Aliceville Housing and Zoning Ordinance
              and the Mobile Home and Travel Trailer Park Ordinance

       WHEREAS, the City of Aliceville has determined it is expedient and necessary to
amend all prior ordinances dealing with zoning and mobile homes so as to make provision
for a new category of housing, i.e. manufactured homes; and
       WHEREAS, the City of Aliceville Planning and Zoning Board has made a detailed
study of this matter and at it meeting of April 21, 1997 recommended adoption of the
herewith set forth ordinance; and
       WHEREAS, the City Council of the City of Aliceville has determined that it is in the
best interest of all the citizens of the City of Aliceville that the within ordinance be
adopted;
       NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALICEVILLE AS FOLLOWS:

A. That all prior ordinances dealing with the subject matter herein contained be and the
same herby are amended, modified, altered, changed, and supplemented to conform with
and to include the following:

     1. WORDS AND TERMS DEFINED

        Dwelling or Dwelling Unit. Any building, portion thereto, or other enclosed space or
        area used as or intended for use as the home of one family, with separate cooking
        and housekeeping facilities, either permanently or temporarily.

        a. Single Family – a detached building designed for and occupied by one family as a
        home, with cooking and housekeeping facilities, which meet or exceed the following
        standards:

            (1.)        The home has a length not to exceed four times its width with the
        length measured along the longest axis and the width measured at the narrowest
        part of the other axis with the minimum width of not less than 24 feet.
            (2.) The roof shall have a minimum 3:12 roof pitch and shall have a surface of
        wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal
        tiles, slate, or built up gravel materials. All roof structures shall provide an eave
        projection of not less than six inches.
            (3.) The exterior siding materials shall consist of wood, masonry, concrete,
        stucco, Masonite, metal, brick or vinyl lap of other materials of like appearance.
            (4.) The electric meter must be attached to the structure.



3
    Legal Analysis: Ord. No. 510. The status of this ordinance will be discussed at the editorial
        conference.
                                                                                    Page 14 of 16


          (5.) Taxed as real property.

      b. Manufactured Home. A structure constructed in accordance with the National
      Manufactured Housing Construction and Safety Standards Act of 1974 as amended.
      U.S.C. 5401.

2. Mobile Homes. Mobiles homes shall not be permitted in any district except R-3 or R-4
as specified hereafter, and the City Council shall not spot zone individual lots in other
districts for mobile trailer use; except that a mobile trailer or other structure may be used
temporarily as a construction shack in any district but must be removed upon completion
of the construction. Mobile homes not meeting HUD standards (U.S.C. 5401) shall not be
installed or erected or permitted.

3. Manufactured Homes. Manufactured homes not meeting HUD standards (U.S.C. 5401)
and not having the HUD Stamp Certification permanently attached shall not be installed,
erected or permitted. A manufactured home qualifies as a single-family dwelling to be in
all residentially zoned districts, when it meets the definition for a dwelling or dwelling unit
as set forth in Section 1.       It is intended that manufactured homes be designed and
erected to be similar in appearance to permanent houses – not mobile units – generally
with pitched roofs, eaves overhanging six inches or more, and typical to an onsite
conventionally built single family permanent dwellings built in accordance with the
Standard Housing Code. Manufactured homes shall be erected on permanent foundations
meeting HUD standards (U.S.C. 5401) or Standard Building Code standards and
conforming to Title 24, Housing Code of Alabama, Chapter 525-X-13 and are deemed to
be real property and taxed as such. Manufactured homes are subject to all elements of
district zoning and all other regulations of this Ordinance. Contractors doing any and all
work required by this Ordinance in the siting of a manufactured home shall be licensed by
the State and licensed by the City of Aliceville. Licensing by the State is required prior to
receiving a license from the City of Aliceville. Compliance with this Ordinance and other
ordinances of the City of Aliceville is the same as for erecting other types of structures
and is a requirement prior to the issuance of a Building Permit and a subsequent
Certificate of Occupancy.

          a. Manufactured homes shall be installed according to the current regulations of
             the Alabama Manufacture Housing Commission Statutory Law, Title 24,
             Housing Code of Alabama.
          b. Manufactured homes shall be constructed according to standard established
             either by the Alabama Manufactured Housing Commission Statutory Law,
             Title 24, Housing Code of Alabama as amended from time to time or the
             Standard Building Code or the national Manufacturing Housing Construction
             and Safety Standards Act of 1974, as amended, U.S.C. 5401.
          c. Manufactured homes placed in residential zoning districts or areas shall meet
             the minimum compatibility standards herein set forth and in Section 3.c.1.

             3.c.1. Placement of a manufactured home may be permitted after it has been
             reviewed and determined that the manufactured home is compatible with the
             general appearance of homes in the surrounding area and has received
             Planning Commission approval.

      Manufactured homes qualifying as dwelling, single-family shall be compared to site-
                                                                                  Page 15 of 16


      built and other homes in the immediate general areas within the same zoning or
      residential district or area. Approval shall be granted upon the finding that the
      manufactured home is substantially similar in size, siding material, roof material,
      foundation enclosure and general aesthetic appearance to (1) site-built or other
      forms of homes which may be permitted in the same general area under this
      Ordinance or (2) existing development or (3) proposed development in the same
      zoning district or area. Items subject to compatibility comparison will include the
      following:

    I. Minimum width. The general shape and appearance of the manufactured home
    shall conform to housing in adjacent or nearby locations to ensure compatibility of site-
    built houses and manufactured housing. The minimum width shall not be less than
    that required for Dwelling, Single-Family, in Section 1.
    ii. Roof pitch, overhand and materials. The general shape and appearance of the roof
of the manufactured home shall be compatible with the exterior appearance of the roofs
of housing in adjacent or nearby locations.
         Any roofing material may be used that will be compatible with other housing in
adjacent or nearby areas.
    iii. Exterior finish. Any material may be used for exterior finish that is generally used
in areas near the location where the manufactured homes is to be sited.
    iv. Site orientation.    Manufactured homes shall be placed on lots in a manner
compatible with and reasonable similar in orientation to other structures in the area.
    v.      Garages, carports, etc. Garages and/or carports, landings, stairs, porches,
entrance platforms, ramps or other means of entrance for manufactured homes shall be
compatible with manufactured homes and site-built garages and/or carports of site-built
houses in adjacent or nearby locations and constructed in accordance with the Standard
Building Code at the time the manufactured home is sited.
    vi. Towing devices. All towing devices, including but not limited to wheels, axles,
hitches and transportation lights must be removed.
    vii. Foundation enclosure. The manufactured home’s foundation forms an enclosure
under exterior walls, unpierced except for ventilation and access and conforms to Title 24,
Housing Code of Alabama, Chapter 535-X-13. The type of material and method used for
underpinning shall be consistent with and compatible to the underpinning for site-built
houses in adjacent or nearby locations.

4. Any person placing a manufactured home on a residential lot in the City of Aliceville
shall not place said manufactured home on said residential lot without first having
obtained a building permit from the City of Aliceville and complying with all laws relative
to inspection by the Building Inspector of all phases of the construction and/or installation
of said manufactured home.

5. Anyone placing a manufactured home on a lot in the City of Aliceville must, in addition
to complying with the zoning laws of the City of Aliceville and all of the requirement set
forth herein, shall not be allowed to install or build said manufactured home on any lot
that is not owned by the person who shall own the manufactured home.

6. Any person or persons violating any provision of this ordinance shall be subject to a
fine of up to $1,000.00 and, in addition, may be required to remove the offending
structure from the lot or parcel of real estate upon which the offense is occurring.
                                                                             Page 16 of 16


7. This ordinance shall be published in The Pickens County Shoppers Guide newspaper and
shall be effective 14 (fourteen) days after having been first published.

Ordained this the 22nd day of November 2005.



                                     ____________________________
                                     W.R. McKinzey, Jr. Mayor


ATTEST:



______________________________
Mary Bess Paluzzi
City Clerk

								
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