As used in this chapter, the following terms shall have the
respective meanings ascribed to them:
The Texas Manufactured Housing Standards Code.
A manufactured home without inside toilet and bath.
Any person licensed to operate and maintain a manufactured
home park under the provisions of this chapter.
A structure that was constructed on or after June 15, 1976,
according to the rules of the United States Department of Housing
and Urban Development, transportable in one or more sections, which,
in the traveling mode, is eight (8) body feet or more in width or
forty (40) body feet or more in length, or, when erected on site,
is three hundred twenty (320) or more square feet, and which is built
on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical
systems. The term does not include a recreational vehicle as that
term is defined by 24 C.F.R. section 3282.8(g).
A structure that was constructed before June 15, 1976, transportable
in one or more sections, which, in the traveling mode, is eight (8)
body feet or more in width or forty (40) body feet or more in length,
or, when erected on site, is three hundred twenty (320) or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air-conditioning,
and electrical systems.
Any plot of ground upon which one or more mobile homes or
manufactured homes, occupied for dwelling or sleeping purposes, are
located, regardless of whether or not a charge is made for such accommodation.
A plot of ground within a manufactured home park designed
for the accommodation of one or more mobile homes or manufactured
homes.
A manufactured home park.
An individual, partnership, company, corporation, association,
or other group, however organized.
(Ordinance adopted 4/3/97, sec.
2)
It shall be unlawful for any person to maintain or operate a
manufactured home park within the limits of the city, unless such
person shall first obtain a license therefor; except that the maintenance
or operation of a mobile home park in existence on April 27, 1970,
may be continued under a temporary permit for such period of time
and under such conditions as are hereinafter prescribed. All existing
mobile home parks on the date of enactment of this chapter are designated
as manufactured home parks.
(Ordinance adopted 4/3/97, sec.
2)
(a)
The annual
license fee for each manufactured home park shall be five dollars
($5.00) per space in said park.
(b)
The fee
for transfer of a license shall be one hundred dollars ($100.00).
(Ordinance adopted 4/3/97, sec.
2)
(a)
Application
for initial license.
Application for initial manufactured
home park license shall be filed with the designated official. The
application shall be in writing, signed by the applicant, and shall
include the following:
Site plan. The site plan shall be filed
as required by this chapter and shall show the following:
a.
The name
and address of owner of the proposed or existing park.
b.
Area
and dimensions of site.
c.
Name
of adjacent public streets and roads.
d.
Locations,
dimensions and numbering of all manufactured home spaces, utility
easements, drives, recreation areas, streets and sidewalks.
e.
Scale
of plan (no smaller than 1" = 100') and complete dimensions.
f.
Areas
for dumpster(s) and related screening.
g.
Water
and sewer plans must be submitted showing the sewer line locations,
grades and sizes and water line locations, sizes and source of water
supply.
h.
Paving,
drainage and screening plans: Paving and drainage plans must show
the directions and calculated quantities of runoff and the proposed
specifications for streets and screening must be provided.
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The City shall notify the applicant in writing as to whether
the plan was approved or disapproved, stating the reasons for disapproval
and the modifications or conditions that must be made or met before
approval can be obtained upon subsequent submission.
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(b)
Posting.
The license certificate shall be conspicuously posted in the
office of or on the premises of a manufactured home park at all times
and provide the main city phone number for the purpose of making a
complaint.
(c)
Renewal
license.
Upon application in writing by a licensee for
a renewal of a license and upon payment of the annual license fee,
the designated official shall inspect the manufactured home park and
if in compliance, issue a certificate renewing such license for another
year.
(d)
Transfer
of license.
Upon application in writing for transfer
of a license and payment of the transfer fee, the designated official
shall issue a transfer.
(Ordinance adopted 4/3/97, sec.
2)
(a)
Inspection.
Any duly authorized inspector of the city as designated by the
city manager shall be permitted to make reasonable inspections of
any manufactured home park to determine compliance with this chapter
at such times as inspector may deem necessary in normal business hours.
(b)
Notice
of violations, requirements of notice.
Whenever the city
inspector determines that there has been a violation of any provisions
of this chapter, the city inspector shall give notice of such alleged
violation to the licensee or agent, as hereinafter provided.
The notice shall be in writing; shall include a statement of
the reasons for its issuance; allow a reasonable time of not less
than thirty (30) days nor more than one year, based upon the nature
and severity of the violation and having due regard for the safety
and protection of the community, for the performance of the act it
requires; be served upon the licensee or the licensee’s agent,
provided that the notice or order shall be deemed to have been properly
served upon the licensee or agent when a copy thereof has been sent
by mail to the licensee’s or agent’s last known address,
or when the licensee or agent has been served with the notice by any
method authorized or required by the laws of this state; and contain
an outline of remedial action when, if taken, will effect compliance
with the provisions of this chapter.
At the end of this period of time granted for correction if
the conditions or practices have not been corrected, the city inspector
may suspend the license and give notice in writing of the suspension
to the licensee or the licensee’s agent at the address provided
in the application. Suspension of the license may be cumulative of
any other penalty. Upon receipt of notice of suspension, the licensee
shall cease operation of the manufactured home park within thirty
(30) days after the notice is issued.
Licensee may appeal the decision of said officer to the city
manager within thirty (30) days of said decision. If no appeal is
filed within thirty (30) days, said decision is final. The licensee
may appeal the decision of the city manager to the city council within
thirty (30) days of the city manager’s decision. The city council,
after hearing, shall issue its decision which shall be final.
(Ordinance adopted 4/3/97, sec.
2)
The following standards shall apply to manufactured homes:
(1)
Manufactured
homes shall be of adequate quality and safe design, as certified by
a label stating that the unit is constructed in conformance with the
Federal Manufactured Housing Construction and Safety Standards in
effect on the date of manufacture.
(2)
Manufactured
homes shall have no outside horizontal dimension less than sixteen
(16) feet, except for original extensions or subsequent additions
(e.g., garages, porches etc.). Extensions or additions must contain
less than fifty (50) percent of the total enclosed floor area.
(3)
Each
manufactured home shall be totally skirted with metal, masonry, pressure
treated wood, or other nondegradable material which is compatible
with the structure’s exterior siding.
(5)
Living
areas additions, carports and garages are permitted, provided they
are constructed of material compatible with the primary structure,
meet the minimum standards of the zoning district, comply with the
structural standards as required of the primary structure, are offset
from the lot line by five (5) feet and are constructed after obtaining
a building permit.
(6)
All manufactured
housing and buildings shall be installed in accordance to locally
adopted building codes.
(a)
The installation
of mobile homes (previously defined as pre-1976 models) in the city
is prohibited.
(b)
The installation
of manufactured homes in the city is prohibited except as provided
in manufactured home parks or manufactured home subdivisions.
(c)
A dependent
mobile home is prohibited in a manufactured home park.
(d)
Any home
occupation, except as permitted in R-1 zones, are prohibited.
(e)
Any use
of outbuildings in a park for a residence is prohibited.
(f)
Any use
of a manufactured home by more than three (3) individuals who are
unrelated by blood, legal adoption, or marriage is prohibited. The
owner and his agent will be held responsible for any such dwelling
unit use.
(g)
Any use
which is in variation with this chapter is prohibited.
(Ordinance adopted 4/3/97, sec.
2)
(a)
Where
any boundary of a park directly abuts property which is a residential
or commercial zone, a six-foot-high fence/wall or landscaped strip
shall be provided along such boundary.
(b)
Where
any boundary of a park directly abuts a public dedicated street, a
landscaped strip shall be provided along such boundary.
(c)
A landscaped
strip shall be continuously maintained and shall be devoted exclusively
to the planting, cultivation, growing and maintenance of site obscuring
trees, shrubs, plant life, as described below: Trees, shrubs, cane,
and/or other vegetation shall be planted, cultivated and maintained
as a sight and noise obscuring buffer that will effectively achieve
sight and noise obstruction within approximately five (5) years. At
least one row of trees with a minimum initial trunk diameter of one
inch and minimum initial height of five (5) feet shall be planted
on twenty-five-foot centers. The buffer strips are intended to provide
a seventy-five (75) percent or more opaque screen when viewed horizontally
between two (2) and ten (10) feet above the natural ground at the
end of the growing period of five (5) years from the date of planting.
(Ordinance adopted 4/3/97, sec.
2)
A manufactured home park shall conform to the following requirements:
(1)
The park
shall be located on a well-drained site, properly graded to ensure
rapid drainage and free from stagnant pools of water.
(2)
Each
park shall provide manufactured home spaces, and each such space shall
be clearly defined or delineated. Each space shall have an area of
not less than five thousand (5,000) square feet gross.
(3)
An electrical
service connection of at least a one hundred twenty/two hundred forty
(120/240) volts single phase, one hundred (100) amperes entrance capacity
shall be provided for each manufactured home space.
(4)
Manufactured
homes shall be so located on each space that there shall be minimum
clearances and setbacks as follows:
a.
Twenty
(20) feet from any interior access road;
b.
Twenty
(20) feet from any manufactured home or building within the park (except
storage buildings and carports constructed of nonflammable material
may be within ten (10) feet);
c.
Ten (10)
feet from any property line of the park which does not abut upon a
public street or highway; and
d.
Thirty
(30) feet from any property line abutting upon a public street or
such other distance as may be established by ordinance or regulation
as a front yard or setback requirement with respect to conventional
buildings in the district in which the manufactured home park is located.
(5)
The park
shall have thirty-one-foot wide paved streets which are lighted.
(6)
Each
manufactured home space shall be provided with two (2) off-street
paved parking spaces and no direct parking access to the public street
shall be provided.
(7)
Each
manufactured home park shall have a recreational area of a minimum
size of fifty feet by fifty feet (50 × 50 ), be separately fenced,
be at least fifty (50) percent not hard surfaced, and be centrally
located within the park.
(8)
No manufactured
home shall be less than seven hundred (700) square feet.
(9)
No manufactured
home and accessory buildings/carport/other impervious surface shall
have a combined coverage exceeding sixty (60) percent of the lot area.
(10)
Said
park shall have a minimum width of two hundred (200) feet. Said park
shall have a minimum depth of three hundred (300) feet.
(11)
Said
park shall be master metered for water and have one connection to
the city water and wastewater facilities; however, all on-site lines
will be the responsibility of the owner and individually metered for
water.
(12)
The
minimum size of any manufactured home park shall be four (4) acres
and located in an area zoned for such use.
(13)
Any
expansion of an existing manufactured home park must meet these standards
for a new manufactured home park; however, existing parks not meeting
this design criteria may continue in operation.
(14)
No
manufactured home shall exceed ten (10) years of age when installed
in the park unless an older home, after inspection, receives approval
by the city manager or his designee.
(15)
No
manufactured home shall have a propane storage tank.
(Ordinance adopted 4/3/97, sec.
2)
An adequate supply of pure water for drinking and domestic purposes
shall be supplied by pipes to all buildings, if provided, and manufactured
home spaces within the park to meet the requirements of the park.
Each manufactured home space shall be provided with an outside cold
water tap at least four (4) inches above the ground.
(Ordinance adopted 4/3/97, sec.
2)
Each manufactured home shall have minimum of twenty-four (24)
square feet of storage space per unit in a separate building(s).
(Ordinance adopted 4/3/97, sec.
2)
Each manufactured home space shall be provided with a sewer
at least four (4) inches in diameter, which shall be connected to
receive the waste from the manufactured home harbored in such space
and having any or all of such facilities. The sewer in each space
shall be connected to discharge the manufactured home waste into the
public sewer system.
(Ordinance adopted 4/3/97, sec.
2)
A dumpster with a minimum capacity of three (3) cubic yards,
a concrete pad at least six (6) inches thick and solid fence screening
on three (3) sides shall be provided. Said dumpster shall be adequate
to permit disposal of all garbage and rubbish. Garbage cans shall
not be used in the manufactured home park. Garbage and rubbish shall
be collected and disposed of as frequently as may be necessary to
ensure that the garbage dumpster shall not overflow.
(Ordinance adopted 4/3/97, sec.
2)
No manufactured home should be greater than five hundred (500)
feet from a fire hydrant.
(Ordinance adopted 4/3/97, sec.
2)
The licensee, or a duly authorized attendant or caretaker, shall
be in charge at all times to keep a manufactured home park, its facilities
and equipment in a clean, orderly and sanitary condition. The attendant
or caretaker shall be answerable, with the licensee, for the violation
of any provision of this chapter to which the licensee is subject.
(Ordinance adopted 4/3/97, sec.
2)
Parking of recreational vehicles, camper buses, motor homes
and camper trailers for use as a residence is prohibited.
(Ordinance adopted 4/3/97, sec.
2)
Mobile homes or manufactured homes heretofore installed in compliance
with the ordinances of the city may remain in place, and continue
to be used or occupied. Exchange, replacement, alteration, relocation
or additions to mobile homes or manufactured homes within the city
is hereby prohibited, unless such move, replacement, relocation or
addition is to or in a licensed manufactured home park.
(Ordinance adopted 4/3/97, sec.
2)
