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December 26, 1973228 At the Regular Meeting of the Board of Supervisors of the County of Frederick, held on the 26th day of December, 1973, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: Raymond C. Sandy Chairman; J. Robert Russell, Vice Chairman; Dennis T. Cole; Donald R. Hodgson; and Richard F. Madigan. The Chairman called the meeting to order. TRAILER ORDINANCE - THIRD AND FINAL READING - APPROVED I Mr. Madigan read the ordinance in full. Mr. Madigan asked Mr. Ambrogi if he felt Section (b) on Page 4 was ambiguous. Mr. Ambrogi read said section and said that he did not feel it was confusing. After discussion this section was left as written. Mr. Cole stated that he was opposed to the license tax set forth in Section 20n19. He stated that this was an additional tax inasmuch as the people are paying real estate tax on their property and personal ' property tax on their mobile homes. Mr. Sandy asked if this tax applied to those on permanent foundations and Mr. Berg stated that if they were taxed as real estate, this tax would not apply. Mr. Cole asked how many mobile homes in the County are taxed as real estate and the Commissioner of Revenue stated approximately 108. Mr. Cole stated that he did not feel this was a fair tax and Mr. Rudolph, Commissioner of Revenue, stated that he felt the tax was discriminatory. Mr. Renalds stated that this tax is provided for in the Code of Virginia. Mr. Russell asked Mr. Rudolph how the mobile homes in the County are being taxed now and Mr. Rudolph stated they were taxed as personal property on square footage. Mr. Russell and Mr. Sandy stated that they felt this was also discriminatory inasmuch as an old trailer of not much value and a new trailer of great value being the same square footage would be taxed the same. ' Mr. Russell stated that the Committee had been concerned about the equal taxing of trailers. Mr. Sandy stated that the purpose of this fee was to tax all the trailers which located in the County after January 1st and left before the end of the year. Mr. Madigan stated that the Committee felt the present method of taxing was not an equal taxation and the proposed method would be much more equal. Mr. Madigan further explained that the $20,000 the County had received in the past from the park operators annual $25.00 per lot fee would no longer be realized and it was hoped that the $15.00 tax per mobile home would be a more equal method of taxing. Mr. Madigan stated that -the Board would examine this method of taxing again next year to see how feasible it had been and make whatever ad- justments were necessary. Mr. Berg stated that on Page 2, Definition 9, the words "travel trailer" should be deleted. Mr. Eugene Gunter, Attorney at Law, appeared before the Board representing the mobile home park operators and stated that the owners wished to acknowledge the changes which had been made in the ordinance and ' express their appreciation for said changes. He stated that they felt there were other changes which should be made. He then presented a letter to the Board with the proposed changes requested by the park operators. Mr. Gunter stated that they would request the words "trailer and trailer camp" be changed to "mobile homes and mobile home parks" inasmuch as they felt the words trailer and trailer camps were derrogatory. After discussion it was decided to use the word "mobile home" in the ordinance inasmuch as this is the ' definition of the word "trailer" in the ordinance. Mr. Gunter stated that it would be impossible for this ordinance to apply in all its categories to existing mobile home parks, such as in the section setting forth regulations for streets. Mr. Sandy stated that this was not the intent of the ordinance. Mr. Gunter suggested that a grandfathers clause be inserted between Section 20 -45 and Section 20 -46. Mr. Gunter stated that the park operators objected to the second paragraph in Section 20 -5 concerning the inspection of mobile home parks, lots and non - conforming sites. He stated that they felt the specific 229 persons intended for this inspection should be set forth. He further stated that the operators objected to the license tax inasmuch as real estate is taxed and personal property is taxed. He suggested that a value book of some type be used to tax these trailers. Mr. Madigan stated that the $25.00 fee which had been paid by the trailer park operator: had been 1 removed and since this fee had been passed on to the trailer owners it would seem the $15.00 fee would be more beneficial to the people. Mr. Cole stated that he did not feel the Board of Supervisors was eliminating any tax but were adding a tax. Mr. Gunter stated that this tax would be triple taxation and if the mobile home was put on the road it would require still another tax and this would quadruple taxation. Mr. Sandy stated that a house could not be moved out of the county whereas a trailer could, therefore relieving the owner of taxation. 'Mr. Gunter stated that Section 20 -20 should be deleted inasmuch as this section states that prodf of payment of the tax charged the mobile home park operator must be displayed in the office and this tax has been deleted from the ordinance. He further stated that Section 20 -21 make provision wherein the receipt of the $15,00 license fee shall be displayed in the mobile home window. Mr. Gunter stated that in Section 20 -25, Paragraph 2 the park operators felt that the width factor should be forty feet instead of fifty feet as set forth in the ordinance. He further statdd that in Section 20 -26, Paragraph 2 wherein the side yard requirement was ten feet, the park operators felt this was much to stringent. He said that he felt this section was discriminatory toward a mobile home owner. Mr. Berg stated that this section of the ordinance was written to allow maximum freedom for the place- ment of the mobile homes and so that they would not be placed too close to streets and roads. Mr. Gunter stated that in Section 20 -29, concerning the storage requirements set forth, the mobile home park operators opposed this section inasmuch as this requirement will only serve to increase the rent in the parks and it is being done arbitrarily inasmuch as it is not required for home owners. Mr. Berg stated that this requirement is set forth in the Housing and Urban Development Guide for Mobile Home Parks. Mr. Gunter stated that in Section 20 -30, in Subsection 3, the owners objected to the requirements for sanitary and storm sewer systems inasmuch as this would involve great expense and it is not required in develop- ments of permanent dwellings. He further stated that in Subsection 7, concerning the edging for private streets, this was not clear wording. Mr. Gunter stated that the state did not require flush toilets and the requirement was one toilet for u 15 spaces rather than ten spaces. Mr. Berg stated that the BOCA Building Code requirement was one toilet facility for each ten spaces. Mr. Gunter stated that in Section 20 -44 the requirement was set forth for park operators to furnish to the Commissioner of Revenue a signed copy of the register of his park on the first day of January of each year. He suggested that this date be changed to the thirty -first day of January in order to give the operators suf- ficient time to prepare and deliver the register to the Commissioner of Revenue. Mr. Gunter then presented four signed petitions, dated November 9, 1973, opposing the original draft of the trailer ordinance. He thanked the Board for their consideration of the above mentioned proposed changes. Mr. McDowell, of the Cove, asked what provisions had been made in this ordinance to govern recreational le home campgrounds and Mr. Berg stated that they had been deleted except in Section 20 -34 regarding certain sanitation requirements. Mr. Hohensee requested that the definition "travel trailer" be deleted from the ordinance entirely and Mr. Sandy stated that this definition was set forth in order to separate travel trailers and mobild homes as residences. J 230 Mr. Larry Barnes asked if trailers already in existence would have to comply with the regulations set forth in the ordinance and Mr. Sandy stated that they would be exempt except for the registration requirements. Mr. Floyd Ritter appeared before the Board and stated that he was opposed to the ordinance inasmuch as he felt it would cause a real hardship on the man who can't afford to purchase a home and therefore purchases a mobile home. He stated that he was in agreement with the health requirements but he was not in favor of some of the ether requirements for large improvements such as roads and storm drainage systems, etc. Mrs. Evelyn Kirk appeared before the Board and asked what the $15.00 tax was for and Mr. Madigan that it was hoped that this tax would equalize the taxation in the County. He stated that the County would lose approximately $25,000 as a result of removing the $25.00 per lot fee presently paid be the park operators and the park operators should thereby be able to reduce the rent of these spaces by approximately $2.00 per month. He further stated that in order for the County to regain some of this money, until an adjustment can be made, the $15.00 tax would be charged. Mrs. Kirk stated that she felt this was unfair taxation inasmuch as personal property is paid on the mobile home and real estate is paid on the property. In Section 20 -44 the Board approved unanimously to amend the date of January 1st of each year to January 31st of each year as the date when the register of the parks must be submitted to the Commissioner of Revenue. Mr. Berg stated that with reference to the grandfathers clause, he felt the word "new" added to "trailer camps or mobile home parks" in Section 20 -22 would suffice. The Board approved this addition. Mr. Cole stated that he felt Subsections 3 and 7 in Section 20 -30 should be omitted. After discussion the Board agreed to drop subsection 7 inasmuch as it was felt subsection 3 and subsection 7 were essentially the same thing. Section 20 -29 was discussed and Mr. Cole stated that he did not feel this requirement was necessary inasmuch as many mobile home owners used the space udder their trailers for storage. Mr. Madigan stated that he felt good st3page facilities should be provided. Mr. Wampler, a trailer park operator, stated that this requirement would be expensive to the owners and probably 659 of the storage buildings would not be used. Mr. Lockhart, another park operator, stated that he felt the provisions for storage should be left up to the tenants themselves. Mr. Madigan stated that the intention of this requirement was to have the parks as clean and sanitary as possible in order to provide better services for the residents of the mobile home parks. Mr. Russell stated that he felt that the storage requirement would be beneficial but after hearing the objections of the park operators, he was not sure the requirement should be made. Mr. Cole stated that he would like to see it stated in the ordinance, that if storage facilities were needed the tenant could erect said storage facilities in accordance with specifications set forth by the park owner. This amendment was approved by the Board. After discussion, the words "private access drive" were stricken from Section 20 -26, Paragraph 2. In Section 20 -25, Paragraph 2, the Board reduced the lot width size from fifty feet to forty feet. Section 20 -20 was deleted entirely inasmuch as the tax referred to in this section is the $25.00 per lot fee previously paid by the park operator, which has been deleted from this ordinance. Mr. Madigan presented a resolution wherein mobile homes would be taxed based upon the assessed value the mobile home per the National Automobile Dealers Association. There was discussion as to the percentage of value to be taxed. Mr. Cole stated that he felt the assessment should be set at a fair rate and the $15.00 license fee deleted. 1 7 L� f: Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, AN ORDINANCE TO AMEND AN ORDINANCE PASSED MARCH 8, 1971, TO REGULATE THE LOCATION, CONSTRUCTION AND OPERATION OF TRAILER CAMPS IN FREDERICK COUNTY, VIRGINIA, Title 35, Chapter 6, Article 1 of the Code of Virginia, (1950), as amended, the governing body of County, Virginia is authorized to adopt regulations of trailer camps, trailer lots, mobile homes and ' travel trailers as follows: (A) Assessment and collection of, license taxes upon the operation of trailer camps and trailer parks and the parking of individual trailers on individual lots not in trailer parks and camps; and (B) As a condition to issuance of such licenses, or as a condition to the operation and occupancy of such trailer camps, the governing body may prescribe the lots or areas of the County where such trailer camps may ' be located, may prescribe the size of the lots to be used for such trailer camps, may prescribe the water supply, sewage and garbage disposal facilities to be maintained at such trailer camps, provided such sanitary regulations are not in conflict with the lawful regulation of the State Board of Health, and may prescribe such other as are necessary to protect the health, safety, and welfare of the people of the County and the such trailer camps. ARTICLE I - Board of Supervisors "Board of Supervisors" means the Board of Supervisors of the County and its duly ized representatives. Conditional Use Permit "Conditional Use Permit" is a certificate issued by the Board of Supervisors to tl .CZKh,k WHEREAS, The Board of Supervisors recognizes that a mobile home is the only housing available to many families; and, WHEREAS, The Board feels that mobile homes should be taxed fairly and equitably; THEREFORE, BE IT RESOLVED, That the Board of Supervisors of Frederick County does herein request that the Commissioner of Revenue assess the value of mobile homes as per the National Automobile Dealers Association ' Book value, whenever possible, on January 1st of each year; and, BE IT FURTHER RESOLVED, That no mobile home be assessed at less than $1.00 per square foot of living apace. The above resolution was passed unanimously. Section 20 -19 wherein the $15.00 license fee is set forth, was discussed. ' Mr. Madigan stated that he felt another year was needed to work out the many tax problems facing the County. He further stated that he felt the $15.00 fee should be charged the first year with the idea of making whatever adjustments may be warranted next year. Mr. Cole stated that he was still opposed to this tax inasmuch as it was an additional tax on the mobi home owner. Mr. Gunter stated that he felt this tax was being placed arbitrarily upon the mobile home owner and is above and beyond anything we know of in the tax structure. He stated that this tax would not reduce as the mobi home becomes older. Motion was made by Richard F. Madigan and seconded by J. Robert Russell to retain Section 20 -19 of the Trailer Ordinance wherein the $15.00 license fee is imposed with the stipulation that this section of the ordin- ance be reviewed at the end of the calendar year 1974. The above motion was passes by the following vote: Raymond C. Sandy, J. Robert Russell, Richard F. ' Madigan, and Donald R. Hodgson "Aye" and Dennis T. Cole "Nay ". Section 20 -5 was discussed and the Board approved the addition of the words "as necessary to promote tl general health, well being and safety of the general public" to the second paragraph following the words "such other persons ". Upon motion made by Richard F. Madigan and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve on third and final reading the following ordinance, with the corrections and additions being made to said ordinance as hereinbefore approved by this Board: AN ORDINANCE TO AMEND AN ORDINANCE PASSED MARCH 8, 1971, TO REGULATE THE LOCATION, CONSTRUCTION AND OPERATION OF TRAILER CAMPS IN FREDERICK COUNTY, VIRGINIA, Title 35, Chapter 6, Article 1 of the Code of Virginia, (1950), as amended, the governing body of County, Virginia is authorized to adopt regulations of trailer camps, trailer lots, mobile homes and ' travel trailers as follows: (A) Assessment and collection of, license taxes upon the operation of trailer camps and trailer parks and the parking of individual trailers on individual lots not in trailer parks and camps; and (B) As a condition to issuance of such licenses, or as a condition to the operation and occupancy of such trailer camps, the governing body may prescribe the lots or areas of the County where such trailer camps may ' be located, may prescribe the size of the lots to be used for such trailer camps, may prescribe the water supply, sewage and garbage disposal facilities to be maintained at such trailer camps, provided such sanitary regulations are not in conflict with the lawful regulation of the State Board of Health, and may prescribe such other as are necessary to protect the health, safety, and welfare of the people of the County and the such trailer camps. ARTICLE I - Board of Supervisors "Board of Supervisors" means the Board of Supervisors of the County and its duly ized representatives. Conditional Use Permit "Conditional Use Permit" is a certificate issued by the Board of Supervisors to tl 232 evidence its approval of the location of a trailer lot or a trailer camp subject to any conditions the Board may impose. 3. Dependent Trailer "Dependent Trailer" means a trailer which does not have a toilet and a bathtub or shower. 4. Health officer Director of the Lord Fairfax Health District. 5. Independent Trailer "Independent Trailer" means a trailer that has a toilet and a bathtub or shower. 6. Mobile Home "Mobile Home" means a dwelling designed for transportation, after fabrication, on streets and highways on its own wheels, built on a metal chassis or underframe and arriving at site where it is to be occupied as a dwelling complete and ready fof occupancy; except for minor and incidental unpacking and assembly operation, location on jacks or permanent foundations, connection to utilities and the like. These units are titled by Virginia State Division of Motor Vehicles, and carry the seal of the Mobile Home Manufacturing Associ- ations, as well as the State of Virginia. 7. Mobile Home Lot "Mobile Home Lot" means any site, lot, field, or .tract of land upon which is located a sin- gle trailer. S. Mobile Home Park "Mobile Home Park! means any site, lot, field, or tract of land upon which is located two (2) or more trailers, mobile homes, (regardless of duration of stay or whether or not compensation of any kind is made for such location), but not including trailers parked by a licensed dealer who shall offer the same for sale and not occupancy. 9. Mobile Home Park Operator "Mobile Home Park Operator" means any person who, as owner, lessee or in any othe capacity, maintains or operates a trailer camp. 10. Trailer "Trailet'shall mean: (a) Any vehicle used or constructed for use as a conveyance upon highways, so designed and constructed as to permit occupancy thereof as a dwelling or sleeping place for one or more persons; (b) A.mobile home, or (c) An office or a place of business as in "A" above 11. Trailer Camp "Trailer Camp" means a Mobile Home Park. 12. Trailer Permit That portion of the conditional use permit that must be approved by the Health Officer and the Board of Supervisors. 13. Travel Trailers: A trailer less than 31 feet in length and less than 4,500 pounds in weight which is de- signed for human habitation. ARTICLE II - GENERAL SECTION 20 -1. Operation in accordance with Article 2, Chapter 6, Title 35, Code of Virginia (1950), as amended. The operation of a Mobile Home Park or Mobile Home lot shall be in accordance with Article 2, Title 35, Code of Virginia, (1950), as amended, and the rules and regulations of the State Department of Health relative to Mobile Home lots and Mobile Home Parks. SECTION 20 -2. Where Mobile Homes may be parked. Except as otherwise provided in this chapter, no Mobile Home shell be parked in the County; provided, however, that Mobile Home may be parked on a Mobile Home lot or in a Mobile Home Park for which a valid health permit, issued as provided in Section 20 -11, and a conditional use permit, issued as provided in Section 20 -15, are in effect. SECTION 20 -3. Application of chapter to trailers parked for sale or storage. This chapter shall be applicable to trailers which are parked for sale or storage and not being then inhabited; provided, however: 1. That the owners of such trailers shall be required to purchase the merchants' or dealer's license, as prescribed by law. 2. No such trailer may be stored on any site where there is neighborhood objections, except upon specific approval of the Board of Supervisors. SECTION 20 -4. Application of chapter to single trailer located on lot, etc. Where a single trailer, mobile home or travel trailer is located on a lot, tract or parcel of land in the County, only Article III, division 3 of this chapter shall apply except that: 3 233 (a) The owner of such lot, tract or parcel of land shall meet all of the requirements of the Health Officer. (b) In the event that a trailer or mobile home located on a lot, tract or parcel of land in the County prior to the date this chapter was adopted is moved by the owner of the lot, tract or parcel of land in question from the site it occupies at the time of the adoption of this chapter, neither that particular trailer nor any ' other trailer shall be permitted to relocate at such site unless the owner first complies with, and thereafter continues to comply with, the provisions of this chapter; provided, however, that a trailer owner desiring to exchange an existing trailer for a new or different trailer may do so. SECTION 20 -5. Inspection of Mobile Home Parks, Mobile Home Lots, etc., by Health Officer, etc. The Health Officer is hereby authorized and directed to make inspections to determine the condition of ' Mobile Home Parks, Mobile Home Lots, or nonconforming trailer sites in order that he may perform his duty of safeguarding the health and safety of occupants of such parks, lots and sites of the general public. The Board of Supervisors may designate other persons in the public health, welfare and safety to in- spect Mobile Home Parks, Mobile Home lots and nonconforming trailer sites and such other persons so designated by the Board of Supervisors shall have like authority to inspect the same as the Health Officer. SECTION 20 -6. Availability of permits for inspection. All permits pursuant to the provisions of this chapter shall be available for inspection and visible from the public right -of -way. SECTION 20 -7. Regulations made and adopted by Health Officer for Enforcement of Chapter. The Health Officer is hereby authorized to make, and, after public hearing, to adopt, such written regulations as may be necessary for the proper enforcement of the provisions of this chapter; provided, however, that such regulations shall not be in conflict with the provisions of this chapter. Such regulations eh811 have the same force And effect as the provisions df this chapter and the penalty for violations thereof shall be the same as the penalty for violations of the provisions of this chapter. SECTION 20 -8. Making false statement to obtain permit. The making, knowingly and intentionally, of any false statement, relating to a material fact, for the purpose of obtaining a permit, as required in this chapter shall be a violation of this chapter. SECTION 20 -9. Making false statement upon records. The making, knowingly and intentionally, of any false statement, relating to a material fact upon records required to be kept under the provisions of this chapter shall be a violation of this chapter. SECTION 20 -10. Penalty for violation of chapter or regulation. Any person who violates any provision of this chapter or any provisions of any regulation adopted by the Health Officer pursuant to authority granted by Section 20 -7 shall+;: supon conviction, be punished by a fine of not less than ten dollars ($10.00) nor more than three hundred dollars ($300.00) or imprisonment in jail for ' not more than thirty (30) days, or both, and each day's failure of compliance with any such provision shall constitute a separate violation. ARTICLE III - PERMITS AND CONSTRUCTION REQUIREMENTS DIVISION 1. TRAILER PERMIT FOR CONSTRUCTION, OPERATION, ETC., OF MOBILE HOME PARKS OR TRAILER LOTS. SECTION 20 -11. Required. ' No person shall construct, maintain, operate or enlarge any Mobile Home Park or Mobile Home lot in the County unless he shall hold a valid trailer permit approved by the Health Officer in the name of such person fof the particular Mobile Home Park, Mobile Home, or Trailer involved in each case. SECTION 20 -12. Application therefore. Any person desiring a trailer permit, as required in Section 20 -11, shall file an application therefore with the appointed representative of the Board of Supervisors, in such form and setting forth such information as may be required. SECTION 20 -13. Issuance, suspension or revocation. The Health Officer may approve trailer permits, as required in Section 20 -11, for a Mobile Home Park, 234 Mobile Home, or Trailer which conforms with this chapter. He shall suspend or revoke such permits for of this chapter and regulations promulgated under Section 20 -7 and other applicable State and Local regulations, ordinances, or State Statutes. DIVISION 2. CONDITIONAL USE PERMIT FOR LOCATION, CONSTRUCTION, ETC., OF MOBILE HOME PARK OR MOBILE HOME LOT. SECTION 20 -14. Required. No person shall locate, construct, maintain, operate or enlarge any Mobile Home Park or Mobile Home in the County unless he shall have first obtained a conditional use permit from the Board of Supervisors, as provided in this Division. SECTION 20 -15. Filing, contents, etc., of application therefore. Any person desiring a conditional use permit, as required in Section 20 -14 shall first submit a wr application to the Board of Supervisors, on an application form. Such application shall contain, among other things, the following infomation: (a) The name and address of the person owning the Mobile Home Park, Mobile Home or Trailer in and ownership. (b) The name and address of then person operating, conducting or managing the Mobile Home Park, Mobile Home or Trailer if different from the name of the owner therof. (c) A sketch with description, showing the abutting property owners and where the proposed Mobile Home Park or Mobile Home lot is to be located, which sketch shall be on or attached to the application. Each applicant for a conditional use permit for a Mobile Home Park shall submit a site plan as required in Division 4. SECTION 20 -16. Procedure upon filing of application. The Board of Supervisors may consider each application, filed as provided in Section 20 -15, and shall require a public hearing for a Mobile Home Park and may require a public hearing for a Mobile Home lot. Such hearing shall be held after first publishing notice of the hearing two (2) times in a newspaper having a general circulation in the County. In deciding whether to approve or disapprove the application, the Board of Supervisors shall consider the general health, safety and welfare of the comtunity in which the proposed Mobile Home lot or Mobile Home Park is to be located; and sanitary or health problems that may be caused by the approval of such application; the drainage of the proposed area covered by such application; the effect that the granting of such application will cause upon the values of the surrounding real estate in the area; the opinion of other landowners in the area as to the approval of such an application; and any other factors consistent with the ones elaborated above. SECTION 20 -17. Issuance of and rights thereunder. if an application, filed as provided in Section 20 -15, be approved, the Board of supervisors shall issue to the applicant a conditional use permit, which shall entitle the applicant to locate, construct, maintair operate or enlarge the Mobile Home Park or Mobile Home lot in question; provided such applicant complies with all of the provisions of this chapter and the stipulations of the conditional use permit. SECTION 20 -18. Prerequisite to permit or license under chapter. Except as otherwise provided in this chapter, a conditional use permit, issued as provided in Section 20 -17, shall be a prerequisite to the obtaining of any permit or license as set forth in this chapter. DIVISION 3. LICENSING OF MOBILE HOMES, MOBILE HOME PARKS, AND MOBILE HOME LOTS. SECTION 20 -19. Imposition of annual license tax. There is hereby imposed upon the owner or licensee of a mobile home in the County an annual license tax of $15.00 per mobile home or trailer. Such tax shall be payable on the first day of January of each calendai year. The owner or licensee of any trailer placed after March 1 of any year shall report to the Commissioner of Revenue within fifteen (15) days to pay a license fee for the remainder of the year prorated for fractional periods of years as set forth by the guidelines of the Code of Virginia, (1950), as amended, in Section 46.1 -165, It shall be unlawful and shall constitute a misdemeanor for any Mobile Home Park or Mobile Home lot owner or 235 licensee to rent or otherwise provide space for a trailer not licensed by Frederick County. It shall be unlawfu and shall constitute a misdemeanor for any person to: sell,!-.lendiok4 give.:aetrailer, or move a trailer within Frederick County that is not licensed by Frederick County. SECTION 20 -20. Evidence of payment for mobile home license. Evidence of payment of the annual license tax provided for in Section 20 -19 shall consist of a receipt ' issued by the Treasurer of the County. Such receipt shall be prominently exhibited in a window of the mobile home, which window shall face upon a public right -of -way. DIVISION 4. SPECIFICATIONS AND REQUIREMENTS WITH REFERENCE TO MOBILE HOME PARKS. SECTION 20 -21. The location of a new mobile home park shall require in addition to compliance with the Zoning Ordinance of Frederick County, a conditional use permit issued under Article III, Division 2 of this Chapter. ' SECTION 20 -22. Master Plan. Each conditional use permit application for a trailer camp, mobile home park, shall include a Site Plan as set out in Article 16 of the Frederick County Zoning ordinance. SECTION 20 -23. Maximum Density.. The total density of any mobile home park shall not exceed eight (8) units per gross acre, and the net density on any particular acre within such park shall not exceed ten (10) units per acre.' SECTION 20 -24. Minimum lot size. 1. Area: The minimum area for individual mobile home space shall be four thousand (4,000) square fee' inclusive of the ground underneath such unit. 2. Width: The minimum width for each mobile home lot will be forty (40) feet except that for any mobile home unit greater than fifteen (15) feet in width, a minimum of one (1) foot shall be added for every additional foot of width of the mobile home. ' SECTION 20 -25. Yard and setback requirements. 1. Minimum distance between mobile homes: No mobile home shall be placed within fifteen (15) feet of anotherr provided, that with respect to mobile homes parked end -to -end, the distance between mobile homes parked shall be not less than ten (10) feet. 2. Yards abutting common areas: The distance from the line or corner of the mbbile home stand to a common parking area, a common walk or other common area shall be ten (10) feet minimum. Patios and carports shall be disregarded in determining yard widths. 3. Distance mobile homes to be located from park boundary and public streets: No mobile home shall be placed a lesser distance from the mobile home park boundary than the side yard required in the zoning district SECTION 20 -26. Mobile Home Stand. That part of an individual lot which has been reserved for the placement of the mobile home. 1. Placement The mobile home stand placement shall provide for therpracticalplacement on and remova: ' from the lot of both the mobile home, its appurtenant structures and the retention of the home on the lot in a stable condition and in satisfactory relationship to its surroundings. 2. Size: The size of the mobile home stand shall be suitable to fit dimensions of ttobile homes anticipated, including mobile home appurtenant structures or appendages. 3. Location The location of each mobile home stand shall be at such elevation, distance and angle in relation to the access street and the mobile home accessway that placement and removal of the mobile home is practical. 4. Construction Appropriate material, properly graded shall be placed and compacted so as to be durable and adequate for the support of the maximum anticipated loads during all seasons. 5. Gradient There shall be zero to five per cent longitudinal gradient and adequate crown or cross gradient for surface drainage of the mobile home stand. SECTION 20 -27. Markers for mobile home lots. Every mobile home lot shall be clearly defined. There shall he posted and maintained in a conspicuous 236 place on each lot a number corresponding to the number of each lot. SECTION 20 -28. Tenant Storage. Storage facilities may be provided on or conveniently near each mobile home lot and if not provided, permitted for (1) - the active storage of outdoor equipment, furniture and tools, and (2) - the inactive storage of such other material as is used only seasonally or infrequently by the tenant and cannot be conveniently in the mobile home. 1. Size: There may be a minimum of one hundred (100) cubic feet provided for general storage for general storage for each mobile home lot. 2. Design and location of storage facilities Storage facilities may be provided on the lot or in compounds located within a reasonable distance, not more than one hundred (100) feet from each stand located, not closer to private streets and public streets than the mobile unit itself. Storage facilities shall be de- signed in a manner that will enhance the appearance of the park and shall be constructed of suitable weather resistance materials appropriate for the use and maintenance contemplated. SECTION 20 -29. Private streets. 1. General requirements The minimum lane or private street on which an individual mobile home lot fronts shall be thirty (30) feet in width. In cases where private streets dead -end a cul -de -sac, the minimum radius shall be fort} (40) feet. The minimum material that will meet these requirements will be a prime and double seal bituminous treatment applied on base of not less than six (6) inches of compacted gravel. All private streets or lanes shall have unobstructed access to a public street or highway. Private street entrances to mobile home parks from any public street shall conform to the current standards of the Virginia Department of Highways. Any public street within the mobile home park shall conform to all Department of Highways' standards. 2. Pavement widths (for private streets) Pavements shall be of adequate widths to accomodate the contemplated parking and traffic load in accordance with the type of street, with ten (10) foot minimum moving lanes for collector streets, ten (10) foot minimum moving lanes for minor streets, eight (8) foot minimum lane for parallel guest parking and two (2) additional widths for pedestrial use where an adjacent sidewalk is not provided. The minimum paved radius for cul -de -sac shall be thirty (30) feet. 3. Alignment and gradient (for private streets) Streets shall be adapted to the topography and shall have suitable alignment and gradient for safety of traffic, satisfactory surface and ground water drainage and proper functioning of sanitary and storm sewer systems. 4. Intersections (of private streets) Street intersections shall generally be at right angles. O sets at intersections and intersections of more than two (2) streets at one (1) point shall be avoided. 5. Improvements (of private streets) The street improvements shall extend continuously from the mxisting improved street system to provide suitable access to the mobile home stands and other important facilities on the property, to provide adequate connections to existing or future streets at the boundaries of the property and to provide convenient circulation of vehicles with origins or destinations on the property. 6. Grading (of private streets) Grading shall be for the full width of the street to provide suit- able finish grades for pavement and any sidewalks with adequate surface drainage and convenient access to the mobile home stands and other important facilities on the property. SECTION 20 -30. Parking. Parking spaces shall be provided at the rate of at least two (2) car spaces for each mobile home lot. Required car parking spaces may include one (1) car space on each mobile home lot and in addition shall include a sufficient number of car spaces conveniently located in parking bays to bring the total number of parking spaces up to the required two (2) car spaces per mobile home lot. Each such parking space shall be surfaced for its entire area with durable, hard material, suitable for all weather use and shall have unobstructed access to a public street or common street highway. At least one (1) parking space shall be no more than two hundred fifty (250) feet from a mobile home. SECTION 20 -31. Water supply. An adequate supply of potable water approved by the Health Department shall be furnished from a public 237 water supply system or from a private water system conforming to all applicable laws, regulations, resolutions and ordinances with supply lines located on each mobile home lot. An adequate supply of hot water shall be provided at all times to all hot water outlets required by this chapter. No drinking water containers or fountains shall be located within any room housing toilet facilities. SECTION 20 -32. Sewage. In each mobile home park, all waste or waste water from a faucet, toilet, tub, shower, sink, slopsink, drain, washing machine, garbage disposal unit or laundry shall empty into an approved sewer system installed in accordance with the Virginia Department of Health. SECTION 20 -33. Sanitation Facilities. Each Mobile Home Park which makes or provides accommodations for dependent or travel trailers as well as mobile homes shall provide toilets, baths or showers, slopsinks and other sanitation facilities which shall conform to the following regdirements: 1. Toilet facilities for each ten (10) travel trailer spaces: (a). For males, not less than one flush toilet, one lavatory and one shower or bathtub with individual dressing accommodations. (b). For females, not less than one flush toilet, one lavatory and one shower or bathtub with individual dressing accommodations. Such facilities shall be either in a separate building, or, if in the same building as the facilities for males, separate therefrom by a soundproof wall. 2. For each twenty -five travel trailer spaces or portion thereof: (a). A separate compartment housing one flush toilet bowl receptacle for emptying bed pans or other containers of human excreta and an adequate supply of hot running water and a slop - sink for cleaning same. (b). A separate compartment housing one double laundry tray and one conventional wringer type washing machine or one single laundry tray and one automatic type washing machine. 3. Heating facilities shall be provided to maintain service buildings of a temperature of at least sixty -eight degrees Fahrenheit from the first day of Octdyer to the first day of May and such temperature shall be maintained during such period. SECTION 20 -34. Garbage and Trash disposal. Corrosion- resistive metal garbage cans or other noncumbustible containers, with tight- fitting covers, shall be provided in quantities adequate to permit disposal of all garbage and rubbish. Each mobile home, trailer lot, or travel trailer lot shall have at least one (1) garbage can or a suitable common container. The container shall be kept in sanitary condition as determined by inspection of the Health Director. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary but not less than once a week. A central container shall also be provided for excess garbage and rubbish. SECTION 20 -35. Electric lighting and outlets. All entrances and exits to mobile home parks shall be lighted at night. Not less than a three thousa three hundred (3,300) lumen light shall be provided at each entrance and exit to the mobile home park. This receptacle and other electric wiring shall conform to the Fred ®rick County Electrical Code. SECTION 20 -36. Storage tanks. 1. Gasoline, liquefied petroleum, etc. Gasoline, liquefied petroleum, gas or oil storage tanks sha be so installed as to comply with all county, state and National Fire }prevention Code regulations. 2. Heating oil Where oil heating of a mobile home or trailer is provided, a minimum of fifty (50) gallon fuel storage facility shall be provided in each mobile home in an inconspiicuous location or manner. In lieu of this, a central storage facility may be constructed to serve the mobile home park. SECTION 20 -37. Playgrounds. There shall be provided areas and facilities for recreational purposes appropriate to the needs of the occupants. 1. Minimum size Each mobile home park must providd not less than one (1) multiple purpose play- ground of four thousand (4,000) square feet. Any camp or park containing more than eighty (80) units or having an area of more than ten (10) acres shall provide a minimum of one (1) acre and an additional minimum of fifty 233 (50) square feet of playground space for each additional mobile home lot over eighty (80). When additional ground space is required, it may be provided in lots which shall not be less in size than one thousand (1,000) square feet. 2. Percent of gross site area: The size of the recreation area shall be not less than ten (10) per- cent of the gross mobile home park area. Recreational facilities shall generally be provided in a central ion and shall include suitable landscaping, fencing and benches. In larger parks, decentralization may be allowed. Recreation areas shall include space for community buildings and community use facilities, such as adult recreation and child playgrounds, and natural open space. SECTION 20 -38. Certificate of Occupancy required. No mobile home, trailer or accessory structure shall be occupied in any mobile home park until a certificate of occupancy shall have been issued by the zoning administrator to the effect that the mobile home park or the portion thereof for which such certificate is requbsted is in compliance with all applicable pro -�.e visions of this chapter. The zoning administrator shall not issue such certificate until after the same has be approved by the Health Director, and other agencies concerned. SECTION 20 -39. Mobile Home and Trailer Standards. 1. Plumbing, heating and electrical Every mobile home occupied as a dwelling unit located in the County after the date of the adoption of this chapter shall meet the minimum standards for plumbing, heating and electrical systems as defined by the American Standards Association Project A 119.1, latest revision. Mobile homes that display the official seal and register number of the Mobile Home Manufacturers Association and the Trailer Coach Association will be considered to comply with the American Standards Association Standard A 119.3. Mobile Homes that do not meet these minimum standards for plumbing, heating and electrical systems will not be issued a certificate of occupancy permit by the zoning administrator. The minimum standards for plumbing, heating and electrical systems as defined by the American Association Project A 119.1, latest revision, are hereby made a part of any incorporated by reference into this subsection. 2. Exceptions The requirements of this section will not apply to occupied mobile homes in the County prior to the adoption of this chapter nor to units built prior to March 12, 1963. SECTION 20 -40. Register of Mobile Home Park Occupants. The mobile home park operator shall maintain a register for each lot for at least the previous three (3) years and such register shall be available atlall times for inspection by law enforcement officers, health officials, the Commissioner of Revenue, officials and representatives of the governing body whose duties require disclosure of the information contained in the register. SECTION 20 -41. The register shall show the following information: 1. The name of each mobile home owner or occupant. 2. The address and lot number of each mobile home owner or occupant. 3. Each motor Vehicle or mobile home license number. 4. The name and model of the mobile home. 5. The number of Bedrooms of the mobile home. 6. The number of occupants of the mobile home. 7. The dates of arrival and of departures of each mobile home. SECTION 20 -42. Each mobile home park operator shall furnish the Frederick County Commissioner of Revenue a signed copy of the register to be submitted by January 31st for those Mobile Homes present on January 1st. SECTION 20 -43. Should any article, section, subsection or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity or con- stitutionality of this ordinance as a whole or any part thereof other than the part so declared to be invalid or unconstitutional. �II �J SECTION 20 -44. This ordinance shall be in full force and effect upon passage. 239 This ordinance was duly considered, following a required Public Hearing held on December 26, 1973 and Iwas adopted by the governing body of Frederick County, Virginia, at its Regular Meeting held on December 26, 197' The above resolution was passed by the following recorded vote: Raymond C. Sandy, J. Robert Russell, Dennis T. Cole, Richard F. Madigan, and Donald R. Hodgson all voting "Aye ". JAMES WOOD STUDENTS ADDRESS BOARD ON HIGH SCHOOL BUILDING PROGRAM Mr. Brian Snarr appeared before the Board representing the students at James Wood High School and stated that they wished to express to the Board their opinions on the proposed school building program. He stated that during the past several weeks, three groups of students, along with Mr. Berg and Mr. Dickson of the County Staff, had visited three different high schools in the nearby area, each being a different concept, and had taken a survey at each of the three schools. Mr. Bob Nuber appeared before the Board and presented the survey taken at the various schools and re- viewed the results obtained at each school. Miss Stephanie Hahn appeared before the Board and stated that based upon the survey the following alternatives were recommended: First, one large high school; Second, two schools; 6he9th and 10th and one 11th and 12th; and Third, two high schools 9th through 12th. She stated that of the three alternatives it was felt that one large high school would best serve the educational needs of the students inasmuch as there would be a much broader curriculum for the students to choose from. Mr. Sandy thanked the students and stated that he felt this was a most comprehensive report and commended the students for their efforts in this regard. He requested that a copy of the survey and report be filed with the County Administrator and the School Board. REZONING APPLICATION - THOMAS B. ROSENBERGER - FIRST AND SECOND READING A,'- APPROVED The application of Thomas B. Rosenberger was presented to rezone approximately 1.025 acres of land to B -1 on first and second reading. Mr. Madigan stated that the Planning Commission had discussed the problem of spot zoning with Mr. Rosenberger and Mr. Rosenberger had agreed to rezone to B -1 approximately five acres instead of the 1.025 acres applied for, this acreage being restricted to commerdial development. Mr. Cole stated that he did not feel Mr. Rosenberger should have to rezone this much land for one business. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of-'Snpervisors of the County of Frederick does herein approve.on first and second reading the following ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE APPROXIMATELY 1.025 ACRES OF LAND OF THOMAS B. ROSENBERGER, LOCATED AT THE INTERSECTION OF ROUTE 600 AND ROUTE 613 IN BACK CREEK MAGISTERIAL DISTRICTI FROM AGRICULTURAL (A -2) TO BUSINESS (B -1). The above resolution was passed by the following recorded vote: Raymond C. Sandy, J. Robert Russell, Dennis T. Cole, and Donald R. Hodgson, voting "Aye" and Richard F. Madigan voting "Nay" REZONING APPLICATION - WILLIAM E. EDMONSON AND LEROY W. EDMONSON - FIRST a SECOND READING - APPROVED The application of William E. Edmonson and Leroy W. Edmonson was presented on first and second reading to rezone approximately 106 acres to M -1. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve on first and second reading the following ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 106 ACRES, MORE OR LESS, OF WILLIAM E. EDMONSON AND LEROY W. EDMONSON LOCATED AT THE INTERSECTION OF U.S. ROUTE 50 AND ROUTE 728 AND ADJACENT TO THE WINCHESTER MUNICIPAL AIRPORT, IN SHAWNEE MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) AND INDUSTRIAL, GENERAL (M -2), TO INDUSTRIAL, LIMITED (M -1). The above resolution was passed unanimously. 240 REZONING APPLICATION - ESSANEE - APPROVED - FIRST AMD SEOND READING Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve on first and second reading the following ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 38.976 ACRES, MORE OR LESS, OF CARLIN L. SMITH AND LESTER A. ELLIOTT, DOING BUSINESS AS "ESSANEE ", A PARTNERSHIP LOCATED ON , THE SOUTH SIDE OF ROUTE 657 (SENSENY ROAD) AND EAST OF FAIRWAY ESTATES IN SHAWNEE MAGISTERIAL DISTRICT FROM RESIDENTIAL - (R =L) TO'ZtESIDENTIAL '(R' =2)' AND,,BUSINESS. ( 8'- "2))., .. The above resolution was passed by the following recorded vote: Raymond C. Sandy, J. Robert Russell, Dennis T. Cole, and Donald R. Hodgson voting "Aye" and Richard F. Madigan voting "Nay ". AN ORDINANCE ESTABLISHING A UNIFORM HOUSE NUMBERING(' rYNTW" . VIRGINIA FIRST AND SECOND READING - APPROVED EM FOR FREDERICK n Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve on first and second reading the following ordinance: AN ORDINANCE ESTABLISHING A UNIFORM HOUSE NUMBERING SYSTEM FOR FREDERICK COUNTY, VIRGINIA. The above resolution was passed unanimously. PETTY CASH FUND - COUNTY ADMINISTRATOR'S OFFICE - APPROVED Upon motion made by J. Robert Russell and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein authorize a petty cash account in th e amount of $15.00 to be established in the office of the County Administrator. The above resolution was passed unanimously. SUBDIVISIONS Woodchuck Heights - Final Plat - Approved Mr. Berg presented the final plat of Woodchuck Heights Subdivision located off Route 654 in Back Creek Magisterial District and stated that all requirements had been met and the Planning Commission and Staff ed approval of this plat. Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve the final plat of Woodchuck Heights Subdivision, located off Route 654 in Back Creek Magisterial District and containing one acre of land. The above resolution was passed unanimously. EXECUTIVE SESSION Dennis T. Cole moved that the Board retire into executive session to discuss legal matters surrounding a certain subdivision in Frederick County. This motion was seconded by Donald R. Hodgson and passed unanimously Therefore the Board retired into executive session. Upon motion made by Dennis T. Cole and Seconded by Richard F. Madigan and passed unanimously, the Board came out of executive session. Upon motion made by Dennis T. Cole, and seconded by Richard F. Madigan and passed unanimously, the Board reconvened into regular session. UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD OF SUPERVISORS Do NOW ADJOURN.