The city ordinance forbade community owners from replacing vacant home sites in MHCs saying it was an expansion of a non-conforming use, but Judge John Emfinger ruled it is only a legal continuation of a non-conforming use, causing the city to reverse its policy.
Attorney John G. Corlew says the city’s “Rental Housing Code” specifically targets manufactured home communities and apartment complexes, and is “an effort to destroy the economic viability of rental properties.” The rental code adopted by Mayor Brad Rogers and the city council in October requires all MHC and apartment owners to build storm shelters to accommodate all residents that would withstand the force of an F-2 tornado.
Additionally, the city mandated apartment complexes be retrofitted with sprinkler systems.
In June 2013 the city adopted an ordinance requiring manufactured homes have a minimum of 1,400 square feet. Under the ordinance, size requirements for multi-family apartments ranged from 850 square feet for a single bedroom unit to 1,500 square feet for apartments with two or more bedrooms.
Moreover, the mayor and council are considering a motion to erase all non-conforming uses from the city tax rolls, a move that specifically targets manufactured homes and apartments.
In addition to claiming MH and apartments affect values of nearby properties, the city cites public safety as an issue. In a previous bid to persuade the judge to disallow new MH from occupying vacant homesites, City Attorney James Bobo had urged the judge to not allow the ownes of an MHC “to operate a trailer park full of potential death traps until the end of time.”
In an earlier email, noting the city had been lax in its land use policies, Bobo wrote “Now, the City leaders could sit on their hands and hope the folks in apartment buildings don’t burn to death… or they could sit on their hands and ignore the fact that Pearl is located in one of the most active tornado alleys on the planet.”
Corlew represents the owners of Grove Acres Mobile Home Park, Robinson and Romona Mobile Home Parks, and Bierdeman Mobile Home Park. ##
(Image credit: photographersdirect)
