Res 1978-059 - Laserfiche WebLink

Home Browse Search

I I ~ , 2 The second weak area in subparagraph IS.2-2 is a potential constitutional issue. The subparagraph states that "if opposition to the location of a mobile home is made by any owner of land within two hundred (200') feet in each direction of the tract upon which the applicant wishes to place the mobile home, such application shall be denied." The issue is whether or not this is an unlawful delegation of police power. If it is, the ordinance could be invali- dated. Section 15.2-3 explains the renewal procedure which is the same as the application process. As with the initial application process, the City Council can be placed in an awkward position if a complaint is registered. The ordinance, as written, does not give the City Council any choice but to deny the application or renewal. The major weakness of , Section lS.2-S is the vague and unclear wording. It would appear that the information in this provision has already been covered in the application and renewal positions. However, a question can be asked whether or not a surrounding property owner can register a complaint at any time thereby necessitating the removal of the mobile home. If the answer is yes, then again, there may be an unlawful delegation of police power. To briefly summarize the first section, there appear to be three (3) major problems with the ordinance. They are: (1) a mobile home can be located in any zoned district, (2) the application and renewal procedure is time consuming for both the mobile home owner and the staff, and (3) most importantly, there are several constitutional issues which could invalidate the ordinance. III. STAFF COMMENTS There are several weaknesses in the administration of the ordinance which the staff would like to address. One of the major administrative problems is one that affects the staff, the Planning and Zoning Commission, and the City Council. It is an insufficiency of criteria which can be used as a basis for approving or disapproving an application. Presently, the only criteria that is in use is if a surrounding property owner has registered a complaint. The lack of adequate criteria makes it difficult for staff to make informed recommendations to either the Planning and Zoning Commi,ssion or the City Council. They, in turn, have difficulty in making informed decisions because of this insufficiency.