NOTE: SEE PAPER COPY FOR MUN AFF AMENDMENTS
Being a by-law of the City of Dartmouth with respect to Mobile Homes and Mobile Home Parks.
1. In this by-law:
(a) "Building Inspector" means the Building Inspector of the City;
(b) "City" means the City of Dartmouth;
(c) "Council" means the Council of the City;
(d) "Local Street" means a right-of-way for persons and automobiles provided for the common use of mobile home owners in a Mobile Home Park;
(e) "Mobile Home" means a vehicular portable structure built on a chassis, designed to be used with or without a permanent foundation as a dwelling when connected to utilities and approved by the Canada Standards Association as a mobile home as evidenced by C.S.A. seal bearing serial number commencing with Z240; and does not include a single structure composed of separate mobile units each towable on its own chassis which when towed to a site are coupled together mechanically and electrically to form a single structure;
(f) "Mobile Home Park" means any land upon which two or more occupied mobile homes are located for a period of thirty days or more;
(g) "Mobile Home Space" means an area in the Mobile Home Park for the site of a mobile home;
(h) "Service Building" means a building in a Mobile Home Park designed to be used in association with the operation of the Mobile Home Park.
2. A person shall not construct, alter or repair without having first obtained a permit from the Building Inspector. NOTE THIS SUBSECTION AMENDED
3. (1) A person shall not operate a mobile home park without having first obtained a licence from the Building Inspector.
(2) No licence for the operation of a Mobile Home Park shall be transferrable.
4. The Building Inspector shall be responsible for the enforcement of the provisions of this by-law.
5. (1) Any person proposing to acquire a permit to construct, alter, repair, maintain, or operate a Mobile Home Park shall submit a written application therefor to the Building Inspector.
(2) The application required by Sub-Section (1) shall be accompanied by eight copies of a plan showing the boundaries of the proposed Mobile Home Park and being certified by a Provincial Land Surveyor and containing the following information:
(a) the area and dimensions of the land to be used as a Mobile Home Park;
(b) the location and dimensions of all Mobile Home spaces including set-back lines;
(c) the location of service buildings and any other proposed structures;
(d) the location and size of proposed open spaces;
(e) the location and size of all playground areas as provided for in this by-law;
(f) full details of site development and landscaping including the screen planting area;
(g) the location and design of roadways and walkways;
(h) the location and design of water and sanitary and storm sewer lines;
(i) the location and design of sewage disposal system;
(j) particulars of on-site grading and overall surface drainage; and
(k) any further information which may be required to determine whether the proposed Mobile Home Park will comply with the provisions of this by-law.
6. The Building Inspector may revoke a permit issued under this by-law when it appears to him that the person to whom the permit has been issued has violated any provisions of this by-law. No permit shall be revoked unless the person to whom the permit was issued is given due notice and reasons for the proposed revocation and an opportunity to be heard.
7. Every permit issued under this By-law shall expire twelve months after the date of its issue provided, however, that if the work has begun under such permit City Council may renew the permit for a further period or periods, the number and duration of which shall be determined by Council.
8. An applicant for a permit to build a Mobile Home Park shall enter into an agreement with the City of Dartmouth guaranteeing the compliance with the requirements of this By-law and shall provide security in the form of a bond, mortgage, or negotiable securities in the amount established by the Building Inspector as sufficient to ensure completion of the work provided for in the agreement.
9. The Building Inspector shall refuse to issue a permit if the proposed Mobile Home Park fails to comply with the provisions of this By-law.
10. All Mobile Home Parks shall conform to the following requirements:
(a) mobile home parks shall contain no fewer than five mobile home spaces;
(b) no more than one mobile home shall be permitted in each mobile home space;
(c) mobile homes shall be equipped with skirting or a similar type enclosure;
(d) a Mobile Home Park shall be located on a properly drained site only and shall be so located that the drainage will not endanger any water supply or contaminate any lake or river;
(e) a Mobile Home Park shall be located on a site free from marshes, swamps, or other potential breeding places for insects or rodents; and
(f) all Service Buildings must comply with the Building By-laws of the City. THIS CLAUSE AMENDED
11. All Mobile Home Parks shall conform to the following requirements:
(a) a minimum of one paved or gravelled parking space shall be provided for each lot and shall not be more than 150 feet from the lot;
(b) one additional space for visitor parking for each four lots shall be provided and these spaces shall be located throughout the Mobile Home Park and shall be grouped with no fewer than four spaces per group; and
(c) all parking requirements shall be located behind the set-back line hereinafter described.
12. All Mobile Home Parks shall conform to the following requirements:
(a) every Mobile Home Park shall have access to a public street or way by directly abutting thereon or by means of a private road having a paved width of not less than 30 feet and a right-of-way of not less than 50 feet. The width of paving and right-of-way shall not apply to Mobile Homes Parks existing on the lst day of November, 1976 except that the said Mobile Home Parks shall not be altered except to more closely comply with the requirements for Mobile Home Parks established after that date;
(b) the overall street and right-of-way system of the Mobile Home Park must be so designed so as to ensure smooth and orderly flow of traffic throughout the Park;
(c) local streets shall have a minimum travelled way of 30 feet on a 40 foot right-of-way;
(d) local streets, when designed for one-way traffic, may be reduced to a minimum width of travelled way of 18 feet with a 28 foot right-of-way;
(e) local streets, when terminating in a cul-de-sac shall have a maximum of 350 feet in length;
(f) a cul-de-sac shall have a turning circle with a radius of not less than 40 feet; and
(g) the owner of a Mobile Home Park shall be responsible to maintain the streets within the park in good repair and plow snow from all streets within the Park, and to salt and sand all streets as necessary.
13. All Mobile Home Parks shall conform to the following requirements:
(a) all local streets shall be surfaced with permanent asphalt paving as specified by the Subdivision Regulations of the City of Dartmouth for Streets and Subdivisions. The streets of Mobile Home Parks existing on the lst day of November, 1976 shall be paved with asphalt with the adequate base and drainage as approved by the City Engineer but shall not be required to comply with the specifications in the Subdivision Regulations; and
(b) common walkways in the Mobile Home Parks shall be paved with asphalt or concrete.
14. All Mobile Home Parks shall conform to the following requirements:
(a) each mobile home space in a Mobile Home Park shall have a frontage on a street or right-of-way of at least 40 feet and shall have a minimum area of 3,600 sq. ft.;
(b) each mobile home space shall be clearly marked with permanent markers;
(c) every mobile home shall be so located that it abuts on a driveway or street or on a local street having an unobstructed access to a public street;
(d) every mobile home space shall be set back a minimum of 12 feet from the street or right-of-way to be used in connection with the mobile home space; and
(e) a mobile home or portion thereof shall not be placed closer than 7 1/2 feet from the side or rear lot lines and shall not be closer than 40 feet to a building located in the Mobile Home Park.
15. All areas in a mobile home park where the natural vegetation has been removed shall have adequate ground cover to prevent erosion.
16. All Mobile Home Parks shall conform to the following requirements:
(a) seven percent of the total park area must be reserved for a playground area and must be located in such a manner as to be free of traffic hazards and so as to be buffered from mobile homes. The designation of all playground reserves shall be approved by the Building Inspector.
17. All Mobile Home Parks shall conform to the following requirements:
(a) an accessible, adequate, safe and potable supply of water shall be provided in each Mobile Home
(b) where a public water supply is available, connections to such system shall be required and its supply used exclusively;
(c) water supplies to a Mobile Home Park from the public system shall be metered at the property boundary of the Park;
(d) if public water supply is not available, a private water supply may be developed and used subject to the approval of the Provincial Department of Public Health and any other Provincial regulatory authority having jurisdiction;
(e) the water supply distribution system shall be capable of delivering a minimum of 150 gallons per day per mobile home;
(f) every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source;
(g) the water supply system shall be connected by pipes to all mobile homes, buildings and other facilities requiring water in the Mobile Home Park;
(h) all water piping, fixtures, and other equipment shall be constructed and maintained in accordance with the Building By-laws and other by-laws of the City; and
(i) the owner of the Mobile Home Park shall provide the City with easements for the purpose of the installation and maintenance of any fire hydrants required by the City.
18. All Mobile Home Parks shall conform to the following requirements:
(a) sewage disposal systems shall comply with the laws of the Province of Nova Scotia and the City and the Board of Health of the City;
(b) a registered professional engineer shall be required to design a sewer system for the Park which can be connected to the existing public sewer;
(c) the sewer system for the Park shall be connected to the existing public sewer;
(d) individual septic sewage disposal systems for individual mobile homes in a Mobile Home Park shall be prohibited;
(e) if a public sewer is unavailable for the Mobile Home Park a sewer system and treatment facility for the entire Mobile Home Park, designed by a registered professional engineer and approved by the Provincial Department of Health and Environment shall be provided; and
f) design of all sewer facilities to be used in Mobile Home Parks shall be approved in accordance with good engineering practice by the City Engineer.
19. All Mobile Home Parks shall conform to the following requirements:
(a) every person who maintains or operates a Mobile Home Park shall provide for each mobile home space an electrical outlet supplying at least 220 volts and a minimum of 100 amperes.
20. All Mobile Home Parks shall conform to the following requirements:
(a) streets and walkways in the Mobile Home Park shall be illuminated so as to provide a lighting intensity of not less than 0.2 average sustained horizontal foot candles.
21. All Mobile Home Parks shall conform to the following requirements:
(a) every person who maintains, operates or occupies a mobile home shall provide the mobile home with tightly covered metal garbage cans in quantities adequate to permit disposal of all garbage or refuse; and
(b) the garbage cans shall be located at the rear of each mobile home unless otherwise instructed by the Building Inspector.
22. All Mobile Home Parks shall conform to the following requirements:
(a) every person who maintains, operates or occupies a mobile home shall ensure that the mobile home is clearly marked with the name of the make of the said home and its size or, if the mobile home is not so marked shall provide to the Building Inspector such particulars as he may request to identify the said mobile home.
23. (1) The Building Inspector shall issue a license to maintain or operate a Mobile Home Park when:
(a) the applicant has constructed the Mobile Home Park pursuant to a regularly issued Building Permit and the Mobile Home Park conforms to the requirements in this by-law for the issuance of a permit;
(b) the Mobile Home Park is in a Mobile Home Zone according to the Zoning By-law of the City; and
(c) the applicant pays to the Building Inspector a licence fee of $40.00 for each mobile home space in the Mobile Home Park. Licence fees shall not be prorated even though the licence will expire after having been in effect for less than one year. (C-580)
(2) Anyone who operates a Mobile Home Park without a licence and contrary to the terms of this by-law shall, nevertheless, be liable for the annual license fee required for Mobile Home Parks.
24. A licence issued under the provisions of this By-law shall be renewed annually if:
(a) the applicant pays to the Building Inspector a renewal license fee of $40.00 for each mobile home space provided for the Mobile Home Park; and (C-580)
(b) the Mobile Home Park complies with the provisions of this By-law.
25. A licence revoked under the provisions of this by-law shall on application, be reinstated if the circumstances leading to the revocation have been remedied.
26. (1) The operator of a Mobile Home Park shall notify the Building Inspector in writing thirty (30) days in advance of the date on which the occupant of a mobile home space intends to move out of the said Mobile Home Park.
(2) The operator of a Mobile Home Park shall notify the Building Inspector in writing within thirty (30) days that a new occupant of a mobile home space has moved in to the said Mobile Home Park.
27. Every person who fails to comply with any provision of this By-law shall be liable on summary conviction to a fine not exceeding one hundred dollars and in default of payment of such fine to a term of imprisonment not exceeding two months.
CONFLICT WITH BUILDING BY-LAW
28. Where there is a conflict between any provision of this By-law and a provision of the Building By-law of the City, the provision in the Building By-law shall prevail. This By-law shall not be deemed to affect the obligation to acquire any permit under the provisions of the Building By-law of the City. THIS SECTION AMENDED
APPLICATION OF BY-LAW
29. (1) Mobile Home Parks existing on the lst day of November, 1976 shall be exempt from the following provisions of this By-law; provided however that they shall not be altered with respect to these provisions other than to more closely comply with them:
lO.(a); ll.(b); 12.(c), (d), (e), (f); 14.(a), (d), (e); 15.(c); 16.; 18.(b).
(2) Notwithstanding anything contained in this by-law, mobile homes not bearing a C.S.A. seal commencing with the serial number Z240, in place before January 1, 1980, and single structures composed of separate mobile units coupled together mechanically and electrically to form a single structure, in place before the lst day of
30. (1) An appeal shall lie to Council by a person aggrieved by any decision of the Building Inspector.
(2) Written notice of an appeal pursuant to subsection (1) shall be filed with the Clerk within fourteen days from the day the decision of the Building Inspector was communicated to the person applying for a permit or licence.
(3) The Council may confirm the decision of the Building Inspector or to do anything which is within his powers under this by-law.
31. By-law C-436 of the City as amended is hereby repealed.
Done and Passed in Council this day of , A.D. 198