This article is adopted pursuant to the police powers and authority given general law cities by the constitution, codes and general laws of the state, including, but not limited to, chapter 51 of the Tex. Local Gov’t. Code and chapter 1201 and chapter 1202 of the Texas Occupations Code.
(Ordinance 2015-11-09G, sec. 2, adopted 11/9/15; Ordinance 2018-08-20-03, sec. 2, adopted 8/20/18)
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning ascribed to them in this section:
HUD-code manufactured home.
(1) 
A structure:
(A) 
Constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;
(B) 
Built on a permanent chassis;
(C) 
Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
(D) 
Transportable in one or more sections; and
(E) 
In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on-site, at least 320 square feet;
(2) 
Includes the plumbing, heating, air conditioning, and electrical systems of the home; and
(3) 
Does not include a recreational vehicle as defined by 24 C.F.R. section 3282.8(g).
Industrialized housing.
(1) 
A residential structure that is:
(A) 
Designed for the occupancy of one or more families;
(B) 
Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and
(C) 
Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.
(2) 
Includes the structure’s plumbing, heating, air conditioning, and electrical systems.
(3) 
Does not include:
(A) 
A residential structure that exceeds four stories or 60 feet in height;
(B) 
Housing constructed of a sectional or panelized system that does not use a modular component; or
(C) 
A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.
Manufactured home park.
A unified development for manufactured housing spaces arranged on a tract of land with the individual lots or parcels being held under a common ownership and rented or leased to the occupants.
Manufactured home subdivision.
A unified development for manufactured housing spaces arranged on a tract of land with the individual lots or parcels being developed and sold to occupant owners.
Mobile home.
(1) 
A structure:
(A) 
Constructed before June 15, 1976;
(B) 
Built on a permanent chassis;
(C) 
Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
(D) 
Transportable in one or more sections; and
(E) 
In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on-site, at least 320 square feet; and
(2) 
Includes the plumbing, heating, air conditioning, and electrical systems of the home.
Modular home.
Refers to industrialized housing.
Recreational vehicle or travel trailer.
A self-propelled vehicle or permanently towable similar portable structure built on a single chassis designed for recreational use and travel having no foundation other than wheels, jacks, blocks or skirting, having six hundred (600) square feet or less of enclosed area, and so designed or constructed as to permit occupancy for dwelling or sleeping purposes; provided, however, a mobile home or manufactured home is not considered a recreational vehicle or travel trailer, and, for purposes of determining the distances specified herein, the term “recreational vehicle and travel trailer” includes any portable, prefabricated, temporary room, commonly called a cabana, that is attached to such recreational vehicle.
(Ordinance 2015-11-09G, sec. 3, adopted 11/9/15; Ordinance 2018-08-20-03, sec. 3, adopted 8/20/18)
The provisions of this article shall be enforced by the persons designated by the city, including but not limited to the code enforcement officer. It shall be a violation of this article to interfere with a code enforcement officer, or other person authorized to enforce this article, in the performance of his or her duties.
(Ordinance 2015-11-09G, sec. 10, adopted 11/9/15)
(a) 
If the code enforcement officer charged with the enforcement of this article, or his designee, shall determine that a person has violated any provision of this article, notice of the violation shall be served on the owner of the property, in writing, describing the violation. The owner of the property shall be allowed ten (10) days after the date of delivery of notice to abate the described violations and comply with the terms of this article. If the owner or occupant fails to cure or correct all of the violations described in the notice, the code enforcement officer, or his designee, shall cause a complaint to be filed with the city municipal court and cause a summons to be issued, or a peace officer shall [issue] a citation for the violation of this article.
(1) 
Such written notice as required under this section may be provided by:
(A) 
Personal delivery of notice or by certified mail return receipt requested addressed to the owner as listed in the county appraisal district records. If the notice is mailed and returned as “refused” or “unclaimed,” the notice shall be considered delivered.
(2) 
If personal service cannot be obtained:
(A) 
By publication in the local newspaper at least once in a newspaper of general circulation in the city or the county;
(B) 
By posting notice on or near the front door of a building located on the property; or
(C) 
By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.
(b) 
If the code enforcement officer, or his designee, charged with the enforcement of this article shall determine that a situation exists which immediately affects or threatens the health, safety and well-being of the general public, and that immediate action is necessary, such officer may take such action as shall be necessary, including issuing citations for violations of the terms and provisions hereof to the owner and/or occupant of the property upon which such condition exists, as may be deemed appropriate and necessary.
(Ordinance 2015-11-09G, sec. 11, adopted 11/9/15)
In the event a person who proposes to install and place a HUD-code manufactured home or a modular home pursuant to this article is denied authorization to place and install a HUD-code manufactured home or a modular [home] by the city administrator, or his or her designee, that person may appeal the decision to city council by submitting a written notice of appeal to the city secretary within ten (10) business days after the person’s receipt of notice of the adverse decision.
(Ordinance 2015-11-09G, sec. 12, adopted 11/9/15; Ordinance 2018-08-20-03, sec. 4, adopted 8/20/18)
Any person who shall violate any of the provisions of this article, or shall fail to comply therewith, or with any of the requirements thereof, shall be deemed guilty of an offense and shall be liable for a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(Ordinance 2015-11-09G, sec. 13, adopted 11/9/15; Ordinance adopting 2018 Code)
Mobile homes are prohibited in the city and shall not be installed or placed upon any property or lot located within the city.
(Ordinance 2015-11-09G, sec. 4, adopted 11/9/15)
(a) 
It shall be unlawful for any person to reside, or occupy for the purpose of residing, in any recreational vehicle or travel trailer within the city limits.
(b) 
It shall be unlawful for any person to install, locate or place any recreational vehicle or travel trailer on any lot or parcel of land within the city, with the intent that any person shall reside in or occupy such recreational vehicle or travel trailer; provided that it shall be a defense to this subsection (b) that such recreational vehicle or travel trailer is located on a lot or parcel on which an occupied primary residence exists and such recreational vehicle or travel trailer is located temporarily for use by guests or members of the household of the owner or occupant of the primary residence, and the temporary occupancy does not exceed thirty (30) days in any calendar year.
(Ordinance 2015-11-09G, sec. 5, adopted 11/9/15)
(a) 
The city adopts regulations that shall apply to the placement and installation of HUD-code manufactured homes within the city.
(b) 
No HUD-code manufactured homes shall be installed or placed on any property that abuts Main Street within the city.
(c) 
Prior to the installation or placement of any HUD-code manufactured home upon any lot or property located within the city, the owner(s) of the HUD-code manufactured home must file with the city administrator, or his or her designee, an application for the approval and authorization to place and install a HUD-code manufactured home within the city. The application shall comply with this subsection as follows:
(1) 
The form of the application shall be in a form as approved by the city administrator;
(2) 
If the owner of the HUD-code manufactured home is not the owner of the property upon which the HUD-code manufactured home is proposed to be installed and placed, the record owner(s) of the property, as reflected in the county tax appraisal rolls, must execute the application as a co-applicant;
(3) 
The application will not be considered complete and will not be reviewed by the city administrator, or his or her designee, and considered for approval until the applicant provides the verifications and information as required by subsection (d) of this section; and
(4) 
Once the application is considered complete, the application shall be reviewed for compliance with this article and other ordinances of the city and the applicant will be provided with written notification of approval or disapproval of the application within thirty (30) days of the date the application is declared administratively complete. Verbal or oral approval or disapproval of an application shall not be considered valid or effective.
(d) 
The regulations for the installation and placement of HUD-code manufactured homes within the city shall apply as follows:
(1) 
Verification and information that provides that there are no conventional frame or masonry homes within 300 feet of the property line of the lot proposed to accommodate the HUD-code manufactured homes, unless the owners of such homes provide written consent to the placement of the proposed HUD-code manufactured home on the proposed lot;
(2) 
Verification and information that shows that the HUD-code manufactured home has a value equal to or greater than the median taxable value for each single-family dwelling located within 300 feet of the property line of the lot proposed to accommodate the HUD-code manufactured home as determined by the most recent certified county tax appraisal roll. The burden of proof of proving the value of the HUD-code manufactured home is upon the owner proposing to install and place the HUD-code manufactured home on a particular lot or property within the city;
(3) 
The applicant shall submit the name, address, and phone number of the company that constructed the HUD-code manufactured home, specifications including the size of the HUD-code manufactured home, and the identification number of the HUD-code manufactured home; or
(4) 
A site plan of the lot or property upon which the HUD-code manufactured home is proposed to be placed and installed that shows:
(A) 
The dimensions and proposed placement of the HUD-code manufactured home and that shows that the HUD-code manufactured home complies with minimum property line setback requirements: twenty-five (25) feet in front, fifteen (15) feet in the rear and ten (10) feet on each side, provided that on a corner lot the side yard on the street side of the lot shall be not less than twenty-five (25) feet. Variances may be granted when justified by the city council;
(B) 
That the proposed property upon which the HUD-code manufactured home is to be placed and installed is not subject to flooding and has adequate drainage;
(C) 
That, upon placement and installation, the HUD-code manufactured home will face the street, or if the HUD-code manufactured home is too wide to placed and installed to face the street and still comply with minimum setback requirements, one end of the HUD-code manufactured home may face the street;
(D) 
If the proposed property upon which the HUD-code manufactured home will be placed and installed is a corner lot, that the proposed placement and installation will conform to patterns established in the neighborhood where the proposed HUD-code manufactured home will be placed and installed; and
(E) 
The placement and location of a driveway and minimum of two (2) off-street paved and covered parking spaces upon the property in which the HUD-code manufactured home is proposed to be placed and installed.
(e) 
After the placement and installation of the HUD-code manufactured home as approved and in accordance with this article, the following post-placement and installation rules and regulations apply:
(1) 
The HUD-code manufactured home must be connected to city water and wastewater service;
(2) 
Tires, wheels, and the hitch of the HUD-code manufactured home must be removed after placement and installation of the HUD-code manufactured home;
(3) 
The HUD-code manufactured home must be tied down;
(4) 
HUD-code manufactured homes placed and installed within the city shall have skirting installed around the complete perimeter of the HUD-code manufactured home that is securely attached to the HUD-code manufactured home and the ground or constructed pad upon which the HUD-code manufactured home is placed so that none of the underside of the HUD-code manufactured home is visible from any public street or any adjacent lot or property. The required skirting shall be of a color that is complementary to the color of the HUD-code manufactured home;
(5) 
The correct address of the property shall be placed on the HUD-code manufactured home so that the address is visible from the street on which the HUD-code manufactured home is addressed; and
(6) 
A wood or masonry privacy fence at least six (6) feet in height must be installed if the HUD-code manufactured home is installed and placed upon a property that is adjacent to city-owned property or a business or commercial property.
(f) 
A HUD-code manufactured home placed and installed as permitted by this article shall, within sixty (60) days of the placement and installation of the HUD-code manufactured home, comply with the requirements of subsection (e) of this section. A failure to comply with subsection (e) of this section shall be deemed to be a violation of this article.
(Ordinance 2015-11-09G, sec. 6, adopted 11/9/15; Ordinance 2018-08-20-03, sec. 5, adopted 8/20/18)
(a) 
The city adopts regulations that shall apply to the placement and installation of industrialized housing within the city. All references to industrialized housing in this article shall also mean and refer to modular homes.
(b) 
Prior to the installation or placement of any modular home upon any lot or property located within the city, the owner or person who intends to install or construct a modular home must file with the city administrator, or his or her designee, an application for the approval or authorization to construct a modular home within the city. The application shall comply with this subsection as follows:
(1) 
The form of the application shall be in a form as approved by the city administrator;
(2) 
If the owner who intends to install and construct is not the owner of the property upon which the modular home is proposed to be installed and placed, the record owner(s) of the property, as reflected in the county tax appraisal rolls, must execute the application as a co-applicant;
(3) 
The application will not be considered complete and will not be reviewed by the city administrator, or his or her designee, and considered for approval until the applicant provides the verifications and information as required by subsection (d) of this section; and
(4) 
Once the application is considered complete, the application shall be reviewed for compliance with this article and other ordinances of the city and applicant will be provided with written notification of approval or disapproval of the application within thirty (30) days of the date the application is declared administratively complete. Verbal or oral approval or disapproval of an application shall not be considered valid or effective.
(c) 
The regulations for the installation and placement of a modular home within the city shall apply as follows:
(1) 
Verification and information that provides that there are no conventional frame of masonry homes within 300 feet of the property line of the lot proposed to accommodate the modular home, unless the owners of such homes provide written consent to the placement of the proposed modular home on the proposed lot; or
(2) 
Verification and information that shows that the modular home has a value equal to or greater that the median taxable value for each single-family dwelling located within 500 feet of the property line of the lot proposed to accommodate the modular home as determined by the most recent certified county tax appraisal roll. The burden of proof of proving the value of the modular home is upon the owner proposing to install and place the modular home on a particular lot or property within the city; and
(3) 
Applicant shall submit the name, address, and phone number of the company that constructed the modular home, specifications including the size of the modular home as built or completed, and the identification number of the modular home.
(4) 
A site plan of the lot or property upon which the modular home is proposed to be placed and installed that shows:
(A) 
The dimensions and proposed placement of the modular home and that shows that the modular home complies with minimum property line setback requirements;
(B) 
That the proposed property upon which the modular home is to be placed and installed is not subject to flooding and has adequate drainage;
(C) 
That upon placement and installation, the modular home will face the street, or if the modular home is too wide to be placed and installed to face the street and still comply with minimum setback requirements, one end of the modular home may face the street;
(D) 
If the proposed property upon which the modular home will be placed and installed is a corner lot, that the proposed placement and installation will conform to patterns established in the neighborhood where the proposed modular home will be placed and installed; and
(E) 
The placement and location of a driveway and minimum of two (2) off-street paved and covered parking spaces upon the property in which the modular home is proposed to be placed and installed.
(d) 
After the placement and installation of the modular home as approved and in accordance with this article, the following post-placement and installation rules and regulations apply:
(1) 
The modular home must be connected to city water and wastewater service;
(2) 
Modular homes placed and installed within the city shall have skirting installed around the complete perimeter of the modular home that is securely attached to the modular home and the ground or foundation upon which the modular home is placed. The required skirting shall be of a color that is complementary to the color of the modular home;
(3) 
The correct address of the property shall be placed on the modular home so that the address is visible from the street on which the modular home is addressed; and
(4) 
A wood or masonry privacy fence at least six (6) feet in height must be installed if the modular home is installed and placed upon a property that is adjacent to city owned property or a business or commercial property.
(e) 
A modular home placed and installed as permitted by this article shall, within sixty (60) days of the placement and installation of the modular home, comply with the requirements of subsection (d) of this section. A failure to comply with subsection (d) of this section shall be deemed to be a violation of this article.
(Ordinance 2018-08-20-03, sec. 6, adopted 8/20/18)
(a) 
On-site inspections: The building official, code enforcement officer, or his designee, shall inspect all construction involving industrialized housing to be located in the city to ensure compliance with designs, plans, and specifications, including inspection of:
(1) 
The construction of the foundation system; and
(2) 
The erection and installation of the modules or modular components on the foundation.
(b) 
An inspection under subsection (a) shall be conducted at the permanent site of where the modular homes will be placed.
(c) 
Any modular home placed and installed within the city must meet or exceed the standards and requirements of all fire, plumbing, electrical, building and residential codes adopted under chapter 3, article 3.02 of this code or amended by the city council for the city.
(Ordinance 2018-08-20-03, sec. 7, adopted 8/20/18)
(a) 
HUD-code manufactured homes and modular homes placed and installed within the city must be maintained as required in this section.
(b) 
The HUD-code manufactured home and modular home as well as all of the required skirting must be kept clean so as to prevent the buildup of mildew or staining that affects the appearance and coloring of the HUD-code manufactured home or modular home.
(c) 
Damages incurred to a HUD-Code manufactured home or a modular home that affects the appearance or safety of the HUD code manufactured home or modular home must be repaired by the owner or occupant within 30 days of the damage being incurred. Any damage to a HUD-code manufactured home or modular home affecting the safety of any occupants must be repaired immediately by the owner or occupant.
(d) 
Missing panels or sheeting forming the exterior wall of the HUD-code manufactured home or of a modular home or of the skirting as required by these regulations, must be repaired or replaced by the occupant or owner of the HUD-code manufactured home or modular home within 30 days of the defect or damage.
(Ordinance 2015-11-09G, sec. 7, adopted 11/9/15; Ordinance 2018-08-20-03, sec. 8, adopted 8/20/18)
(a) 
HUD-Code manufactured homes placed and installed on a property within the city for residential use on or before March 11, 2013 and modular homes placed and installed on a property prior to August 20, 2018, will not be subject to the requirements of this article, except to the extent the application of this article is reasonably necessary for the health and safety of an occupant or the health and safety of adjacent property or an occupant of adjacent property.
(b) 
Any discontinued use or abandonment of a HUD-code manufactured home or modular home or damage that results in the loss or degradation of the HUD-code manufactured home or modular home, or otherwise renders the HUD-code manufactured home or modular home an unsuitable or unsafe structure to occupy for residential purposes, shall be deemed a termination of any nonconforming use. Discontinued use or abandonment of the HUD-code manufactured home or modular homes shall be presumed if utilities to the HUD-code manufactured home or modular home are terminated and remain disconnected for a period of at least thirty (30) days, or if the occupants have constructed a permanent residence upon the property in which the HUD-code manufactured home or modular home is located.
(c) 
Upon the determination of the code enforcement officer that a nonconforming use for a HUD-code manufactured home or modular home has discontinued or has been terminated, the owner or occupant shall, within five (5) days of written notification from the code enforcement officer, cease use and occupancy of the HUD-code manufactured home or modular home.
(Ordinance 2015-11-09G, sec. 9, adopted 11/9/15; Ordinance 2018-08-20-03, sec. 10, adopted 8/20/18)