The following words and terms defined in this section shall,
when used in this article, except the manner and use show clear intent
otherwise, have the meanings given in this section:
A private way which affords the principal means of access
into the interior of the park and to the structures or lots therein.
A building designed for single-family occupancy and constructed
on-site as a permanent improvement to a legal lot.
A HUD-code manufactured home as defined in chapter 1201,
Texas Occupations Code, as amended from time to time. Also referred
to herein as “HUD home.”
A written license issued by the city permitting a person
to operate and maintain a manufactured home park under the provisions
of this article and the regulations issued hereunder.
Any person licensed to operate and maintain a manufactured
home park under the provisions of this article.
A mobile home or a HUD-code manufactured home as defined
in chapter 1201, Texas Occupations Code, as amended from time to time.
A unified development for manufactured housing spaces arranged
on a tract of land in compliance with the city’s subdivision
ordinance and this article, with the individual lots or parcels being
held under a common ownership and rented or leased to the occupants.
Unless specifically provided otherwise or the context requires otherwise,
reference to a “manufactured home park” in this article
shall include “manufactured home subdivision.”
A unified development for manufactured housing spaces arranged
on a tract of land in compliance with the city’s subdivision
ordinance and this article, with the individual lots or parcels being
developed and sold to occupant owners.
A structure constructed before June 15, 1976; built on a
permanent chassis; designed for use as a dwelling with or without
a permanent foundation when the structure is connected to the required
utilities; transportable in one or more sections; and, 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. The definition
of mobile home includes the plumbing, heating, air conditioning, and
electrical systems of the home. In the event of a conflict between
the definition of “mobile home” in this article and the
definition set forth in chapter 1201, Texas Occupations Code, as amended
from time to time, chapter 1201, Texas Occupations Code, shall control.
A component of a structure as defined in chapter 1202, Texas
Occupations Code, as amended from time to time.
A HUD-code manufactured home as defined in chapter 1201,
Texas Occupations Code, as amended from time to time, which use shall
be limited solely as a business or commercial office for a lawful
business purpose and shall not be used as a dwelling or for any other
residential purpose.
A component of a structure as defined in chapter 1202, Texas
Occupations Code, as amended from time to time, which use shall be
limited solely as a business or commercial office for a lawful business
purpose and shall not be used as a dwelling or for any other residential
purpose.
An individual or a partnership, company, corporation, association,
or other group, however organized.
(Ordinance 042109, sec. 2, adopted 4/21/09)
The definitions of “mobile home,” “HUD-code
manufactured home” and “manufactured home” set forth
in this article and in the Texas Manufactured Housing Standards Act,
as amended from time to time, are binding on all persons. A mobile
home is not a HUD-code manufactured home and a HUD-code manufactured
home is not a mobile home for any purposes under this article or any
ordinance of the city.
(Ordinance 042109, sec. 2, adopted 4/21/09)
Mobile homes, manufactured homes, modular components, and HUD
homes shall not be placed, installed or located within the city except
in areas designated and approved for such purpose by this article.
(1)
Placement of HUD homes.
HUD-code manufactured homes may, upon the issuance of a permit for a specific lot, in appropriate circumstances, be located, placed and installed in those areas of the city set forth and described in subsection (8)(C) of this section.
(2)
Age regulations for HUD homes.
No HUD home that was
manufactured more than five years earlier than the date that the HUD
home is proposed to be installed, located, or occupied within the
city shall be installed, located or occupied within the city after
the effective date of this article.
(3)
Occupancy of recreational vehicles.
Recreational vehicles
shall not be used as residences, nor connected to city utilities as
permanent dwellings. Use of recreational vehicles at residential properties
within the city limits for transient guests shall be limited to no
more than 10 (ten) consecutive days in any four-month period. Such
vehicles must dispose of waste at licensed dump stations.
(4)
Mobile homes prohibited.
No mobile home shall be installed, placed, located, or occupied within the city limits after the date of adoption of this article, except as provided in section 3.06.006.
(5)
Exception for existing manufactured homes and mobile homes.
Nothing in this article shall affect mobile homes or manufactured homes lawfully located within the city as of the effective date of this article, except as provided in section 3.06.006 (nonconforming uses).
(6)
Lot area, yards and setbacks.
The following shall be
the minimum requirements for any lot, tract or parcel of land to be
eligible for any building permit or specific use permit for a HUD-code
manufactured home:
(A)
Yards and setbacks.
(i)
Front yard.
There shall be a front yard having a depth
of not less than twenty (20) feet. Where lots have a double frontage,
extending through from one street to another, the required front yard
shall be provided on both streets.
(ii)
Side yard.
There shall be a side yard of not less
than ten (10) feet in width on each side of the lot. A side yard adjacent
to a side street shall not be less than fifteen (15) feet. No side
yard for allowable nonresidential uses shall be less than twenty-five
(25) feet.
(iii)
Rear yard.
There shall be a rear yard having a
depth of not less than fifteen (15) feet measured from the rear lot
line.
(iv)
Setback from existing structures.
The minimum
setback from existing structures shall be twenty (20) feet.
(B)
Size of lot.
(i)
Lot area.
Lots served by the city wastewater collection
system shall have a minimum of four thousand nine hundred (4,900)
square feet.
(ii)
Lot width.
Lots shall have a minimum width of
forty (40) feet at the building line and for a distance of at least
forty (40) feet behind the building line.
(iii)
Lot depth.
The average depth of the lot shall
not be less than eighty (80) feet, except a corner lot, having a minimum
width of not less than sixty (60) feet, may have an average depth
of less than eighty (80) feet provided that the minimum depth is no
less than sixty (60) feet and all yard requirements are met.
(iv)
Existing lots.
The location of a manufactured
home is not prohibited on a lot that existed on November 21, 2006,
because, on such date, the lot had less than the required area, width
and/or depth.
(7)
Additional regulations.
(A)
Minimum size of manufactured home.
No manufactured home
with less than six hundred (600) square feet is permitted.
(B)
Skirting.
Manufactured homes must be skirted within
thirty (30) days from the date placed on a lot. Skirting must meet
city guidelines for materials.
(C)
Tie-downs.
Manufactured homes must be tied down securely
and in compliance with applicable state and federal regulations prior
to occupancy.
(D)
Location.
No manufactured home or modular component
may be located in any area of the city that is not set forth and described
in this article or in an approved manufactured home park.
(8)
Building permit; eligible areas.
(A)
Purpose.
The city administrator or designee may grant,
deny or conditionally approve building permits for HUD-code manufactured
homes within certain designated areas of the city, as set forth in
this section. Because of the nature of the use and the possible adverse
impact on neighboring properties of the use, review, evaluation and
exercise of planning judgment relative to the location and site plan
of the proposed use are required.
(B)
Procedure for approval.
The city administrator or designee
may issue a building permit for a HUD home or modular component pursuant
to the procedures and in the areas provided in this section.
(C)
Eligible areas.
The city administrator or designee may
authorize a building permit for HUD-code manufactured homes or modular
components only within the following designated areas of the city.
The areas listed are general geographic areas bounded by the named
streets, as more particularly shown in the map appended to Ordinance
042109 as exhibit A. In the event of a conflict between the descriptions
in this section and the map, the map shall control. Manufactured housing
may only be placed on lots located within the given boundaries.
(i)
West Area, 1.
The area of the city cross-hatched and
marked “Area #1” on exhibit A. Such area is generally
described as follows:
Beginning with the intersection of Hall Street and Fifth Street,
and thence in a northeasterly direction along the south side of Fifth
Street to a point intersecting with Banks Street;
Thence southwest along Banks Street for one block to the intersection
of Banks and Sixth Streets;
Thence along the south side of Sixth Street to a point intersecting
with Front Street;
Thence to the southwest along Front Street to a point intersecting
with Fourteenth Street;
Thence to the southwest along Fourteenth Street to a point intersecting
with the extension of Hall Street, but to include the 7.5 AC Tract
1 of R17493 to the west of the extension of Hall Street and the north
of the centerline of the extension of Fourteenth Street, ending at
the intersection of Hall and Twelfth Streets;
Thence along Hall Street to the northwest to the intersection
of Hall Street and Fifth Street, to the point of beginning.
By Amendment 2, adopted on December 5, 2006, the following territory
is to be eliminated from the areas allowed for use of manufactured
housing in the city: The area bounded by Eighth Street, at the corner
of Temple and Eighth to the corner of Eighth and Front Street; Front
Street from the corner of Eighth to the corner of Front and Twelfth
Streets; Twelfth Street from the corner of Front to the corner of
Temple and Twelfth Streets; and Temple Street from the corner of Twelfth
to the corner of Eighth Street and Temple Street.
(ii)
South Area, 2A.
The area of the city cross-hatched
and marked “Area #2” on exhibit A. Such area is generally
described as follows:
Beginning at the intersection of Harvey Street and the Union
Pacific Railroad right-of-way, running to the southwest along the
right-of-way to the intersection of the Union Pacific Railroad right-of-way
with the BNSF railroad right-of-way (at the corner of the property
identified as R16379);
Thence to the southeast along the curve of the BNSF railroad
right-of-way to the intersection of the railroad right-of-way with
the extension of Pear Street (at the corner of the property identified
as R16315);
Thence along the extension of the centerline of Pear Street
to the intersection of Pear and Oak Streets;
Thence along Oak Street to the northwest to the intersection
of Oak and Freeman Streets;
Thence along Freeman Street to the southwest to the intersection
of Freeman and Harvey Streets;
Thence to the northwest along Harvey Street to the intersection
of Harvey Street and the Union Pacific Railroad right-of-way and to
the point of beginning.
(iii)
South Area, 2B.
The area of the city cross-hatched
and marked “Area #2B” on exhibit A. Such area is generally
described as follows, excluding all properties enclosed or partially
enclosed within the geographical area with frontage on or access directly
from State Highway 36, unless specifically noted otherwise, as modified
herein by Amendment 1, adopted on December 5, 2006:
Beginning at the corner of South Pecan Street and the property
identified as R16402 and heading southwest along South Pecan to the
intersection of South Pecan and Oak Streets;
Thence to the southeast along Oak Street to the intersection
of Oak and Pear Streets;
Thence along Pear Street to the intersection of Pear Street
with the west right-of-way of State Highway 36 South;
Thence along the west and north lines of the properties fronting
on State Highway 36 South to a point at the corner of the property
identified as R16402 and South Pecan Street as shown on exhibit A;
Thence along South Pecan Street to the intersection of South
Pecan with the west right-of-way of State Highway 36, and to the point
of beginning.
(iv)
South Area, 3.
The area of the city cross-hatched
and marked “Area #3” on exhibit A. Such area is generally
described as follows, excluding all properties enclosed or partially
enclosed within the geographical area with frontage on or access directly
from State Highway 36:
Beginning at the intersection of Holly Street with the east
right-of-way of State Highway 36;
Thence in an easterly direction along Holly Street to the intersection
of the east corporate limit line of the city;
Thence along the meanders and jogs of the corporate limit line,
heading generally south and west to the intersection of the corporate
limit line with the east right-of-way of State Highway 36;
Thence in a northerly direction along the meanders of the east
right-of-way of State Highway 36 as shown on exhibit A to the intersection
of Holly Street and to the point of beginning.
(v)
North Area, 4.
The area of the city cross-hatched and
marked “Area #4” on exhibit A. Such area is generally
described as follows and shall not include any properties fronting
on or accessed from State Highway 36 North or State Highway 21:
Beginning with the intersection of Shaw and OSR and heading
southeast along Shaw, to include properties on both sides of the street
with access exclusively on Shaw Street, to a point of the intersection
of Shaw and the property line of the properties identified as R16556,
R16559, and R16560, extending to the north northeast to the intersection
of this line with the centerline of Porter Street;
Thence along Porter Street to the northwest, and including properties
on both sides of the street with access and frontage exclusively on
and from Porter Street, and continuing along that line past the terminus
of Porter Street to the intersection of said line with the extension
of the centerline of OSR;
Thence along OSR to the southwest to the intersection of OSR
and Shaw
Street and the point of beginning.
(vi)
Fairgrounds, 5.
The area of the city cross-hatched
and marked Area #5 on exhibit A. Such area is generally described
as follows:
The area designated for temporary location of recreational vehicles
within the boundaries of the Burleson County Fairgrounds, located
to the east of State Highway 36. Location on the property is subject
to all rules and regulations of the fairground operator and the city.
(D)
Application for permit; site plan.
Any person proposing
to begin to obtain a building permit under this section shall file
an application accompanied by a site plan. The site plan may be a
sketch or drawing on one or more pages, generally to scale, with distances
marked, and is not required to be prepared by an engineer. The site
plan, along with the application, will become a part of the building
permit, if approved. The accompanying site plan shall provide the
following information:
(i)
Data describing the processes and activities proposed and involved
in the proposed use, and the type and date of construction of the
HUD-code manufactured home, modular component, or accessory building,
(ii)
Boundaries of the area covered by the site plan and the address
or legal description of the area.
(iii)
The location of each existing and proposed building and structure
in the area covered by the site plan and the number of stories and
gross floor area.
(iv)
The location of existing drainageways and significant natural
features.
(v)
The location, height, and type of walls and fences.
(E)
Permit fee.
The application shall be accompanied by
fees as set out in the schedule of building permit fees of the city's
adopted fee schedule. The fee for the placement or removal of a nonresidential
manufactured home shall be the same as for any other manufactured
home. Additions to nonresidential manufactured homes shall be subject
to the fees for commercial projects, unless the addition is the placement
of a modular unit with no other alterations to either structure. If
the placement of a nonresidential manufactured home is part of a larger
site improvement project, the fee for the work shall be the larger
of the commercial fee for the project as a whole or the manufactured
home fee.
(F)
Issuance of permit.
The city administrator or designee
shall authorize a building permit for a manufactured home or modular
component in an area designated in subsection (c) of this section
in response to a completed application submitted to the city that
complies with this section, provided that the manufactured home or
modular home complies with this article and all applicable state and
city regulations. An application to install a new HUD home for use
as a dwelling is considered to be granted unless the city administrator
or designee in writing denies the application and states the reason
for the denial no later than the 45th day after the application is
received by the city administrator.
(G)
Appeals.
Any person making application for a building
permit pursuant to the terms and conditions of this section may appeal
to the board of adjustments a decision of the city administrator or
designee to deny such application and building permit.
(Ordinance 042109, sec. 2, adopted 4/21/09; Ordinance adopting Code; Ordinance 09-2022C adopted 9/20/2021)
(a)
Purpose.
This section provides the city council the
opportunity to grant, deny or conditionally approve specific use permits
for manufactured homes, modular components or HUD-code manufactured
homes within the city. Because of the nature of the use and the possible
adverse impact on neighboring properties of the use, review, evaluation
and exercise of planning judgment relative to the location and site
plan of the proposed use are required.
(b)
Procedure.
The city council, after a public hearing
and proper notice to all parties affected, may authorize the issuance
of a specific use permit for a manufactured home, modular component
or HUD-code manufactured home pursuant to the procedures in this section.
(1)
Application.
Application for a specific use permit to locate a manufactured home, modular component or HUD-code manufactured home within any area other than those designated in section 3.06.003(8)(C) shall be made to the city council. Such application shall be filed with the city secretary and shall include the sketch plan and all other information required in section 3.06.003(8).
(2)
Notification and hearing.
The notification and public
hearing process for specific use permits under this section shall
be as follows:
(A)
A public hearing shall be held by the city council prior to the issuance
of any such permit;
(B)
A written notice of the application shall be sent by U.S. mail to
the last known owner or occupant of each property within two hundred
feet (200') of the tract or parcel of land for which the specific
use permit is requested;
(C)
Such written notice shall be mailed at least fifteen (15) days prior
to the date of a public hearing to be held with respect to the application;
and
(D)
Not more than thirty (30) nor less than ten (10) days prior to the
date of the public hearing a notice shall be published in the official
newspaper giving notice of the application and the public hearing
to be held with respect to such application.
(3)
Required findings.
A specific use permit shall be authorized
only if all the following conditions have been found:
(A)
The specific use permit will be compatible with and not injurious
to the use and enjoyment of the property, or neighboring properties,
nor materially diminish or impair property values within the immediate
vicinity;
(B)
The establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
(C)
Adequate utilities, access roads, drainage, and other necessary support
facilities have been or will be provided;
(D)
The location and arrangement of all required driveways and parking
spaces provide for the safe and convenient movement of vehicular and
pedestrian traffic without adversely affecting the general public
or adjacent development;
(E)
There is sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
(F)
The applicant shall establish that the use and occupancy will comply
with all applicable terms of this article; and
(G)
The city council finds it is not in conflict with the public interest
to grant such permit.
(c)
Restrictions.
A building permit or certificate of occupancy will not be issued for any modular home, HUD-code manufactured home, or manufactured home, or any use proposed which requires a special use permit under this article, unless a permit has first been authorized in accordance with the provisions of section 3.06.003(8).
(Ordinance 042109, sec. 2, adopted 4/21/09)
Refer to the city's adopted fee schedule for the manufactured
home specific use permit fee.
(Ordinance 021908, sec. 2, adopted 2/19/08; Ordinance adopting Code; Ordinance 09-2022C adopted 9/20/2021)
(a)
General policy.
The general public and the city council
are directed to take note that nonconformities in the use and development
of land and buildings are to be avoided, or eliminated where now existing,
whenever and wherever possible, except:
(b)
Nonconforming structures.
Where a lawful structure exists
on the effective date of the adoption or amendment of this article
that could not be built under the terms of this article by reason
of restrictions on permitted use, area, lot coverage, height, years,
its location on the lot, or other requirements concerning the structure,
such structure may be continued as long as it remains otherwise lawful,
subject to the following provisions:
(1)
No such nonconforming structure may be enlarged or altered in a way
which increases its structural nonconformity, but any structure or
portion thereof may be altered to decrease its structural nonconformity.
(2)
Should such nonconforming structure or nonconforming portions of
a structure be damaged by any means to an extent of more than fifty
(50) percent of its replacement cost at the time of destruction, it
shall not be reconstructed except in conformity with this article.
(3)
Should such structure be moved for any reason for any distance whatsoever,
it shall thereafter conform fully to the rules and regulations provided
in this article.
(c)
Nonconforming uses.
A nonconforming use may be continued
as long as it remains otherwise lawful, subject to the following provisions:
(1)
No existing structure devoted to a nonconforming use shall be enlarged,
extended, constructed or reconstructed.
(2)
The use of the structure shall only be changed to a use permitted
in the area in which it is located.
(3)
A nonconforming use that has been discontinued may be resumed only
if there has been no other use of the premises or structure since
the nonconforming use was discontinued, and such use was not discontinued
for a period of ninety (90) days or more.
(4)
Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time
of adoption or amendment of this article, but no such use shall be
extended to any land outside such building.
(5)
Removal or destruction of a structure containing a nonconforming
use shall eliminate the nonconforming use status, except to the extent,
if any, otherwise provided by law. Destruction for the purpose of
this subsection is defined as damage equal to more than fifty (50)
percent of the replacement cost of the structure.
(6)
A nonconforming use shall terminate upon any sale or conveyance of
the property, except to the extent, if any, provided otherwise by
law.
(d)
Repairs and maintenance.
(1)
On any nonconforming structure, or nonconforming portion of a structure,
containing a nonconforming use, no work may be done in any period
of twelve (12) consecutive months on ordinary repairs, or on repair
or replacement of non-loadbearing walls, fixtures, wiring or plumbing,
to an extent exceeding twenty-five (25) percent of the current replacement
cost of such structure or nonconforming portion of such structure.
(2)
If fifty (50) percent or more of the nonconforming structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by a duly authorized official to be a dangerous building as defined in chapter 3 of the city’s Code of Ordinances by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations set forth in this article.
(e)
Nonconforming lots.
A lot shall be nonconforming if
it does not meet the requirements of this article.
(f)
Existing structures in designated area.
A HUD-code manufactured home or modular component located within an area listed in section 3.06.003(8)(C) shall be a conforming use; and any such structure that, on the effective date of this article, is located within any area listed in section 3.06.003(8)(C) and within any geographic area of the city listed therein may, upon making application for and receiving a specific use permit, as provided in section 3.06.004, become a conforming structure.
(Ordinance 042109, sec. 2, adopted 4/21/09)
(a)
Standards for structure.
The installation, occupancy,
and maintenance of HUD-code manufactured homes and modular components
(“manufactured home”) within the city limits shall be
subject to the following provisions:
(1)
The manufactured home shall be constructed, installed, maintained,
and altered in compliance with chapter 1201, Texas Occupations Code,
and any applicable state, federal, or local regulations. If the HUD
home does not have a label as defined in chapter 1201, Texas Occupations
Code, as amended from time to time, but meets all other requirements
of state, federal, and local regulations, the manufactured home may
be accepted as safe and quality construction provided that it meets
the following criteria:
(A)
All electrical material, devices, appliances, and equipment are in
sound and safe condition. Aluminum conductors are not acceptable.
(B)
All mechanical systems, including space and water heating, are in
sound and safe condition.
(C)
All plumbing, gas piping, and wastewater systems are in sound and
safe condition.
(D)
The unit is in sound and safe structural condition. Uncompressed
finish floorings greater than 1/8 inch in thickness beneath loadbearing
walls that are fastened to the floor structure are not acceptable.
Any such structure that shows signs of fire damage is not acceptable.
(E)
The determination of the foregoing acceptance of any noncertified
unit shall be made jointly by the city administrator, the fire marshal
or any other city personnel designated by the city administrator.
(2)
The exterior siding material, excluding skirting, shall be nonmetallic.
(3)
No outside horizontal dimension shall be less than 14 feet, except
for original extensions or subsequent additions containing less than
50 percent of the total enclosed floor area.
(b)
Installation.
Manufactured homes shall be installed
in accordance with the following criteria:
(1)
The frame shall be supported by, and tied to, a foundation system
capable of safely supporting the loads imposed as determined from
the character of the soil. The minimum acceptable foundation design
shall be a series of eight-inch grout-filled concrete block piers
spaced no more than eight feet on center and bearing on 12" x 12"
solid concrete footings. A tie-down and anchoring system separate
and apart from the foundation ties shall be provided as recommended
by the manufacturer, if different from the foundation ties.
(2)
Axle and hitch assemblies shall be removed at the time of placement
on the foundation.
(3)
Each manufactured home shall be totally skirted in accordance with
the provisions of this article, subject to inspection and approval.
(4)
Electrical power supply shall be made from a meter installation on
the manufactured home, or from a permanent meter pedestal.
(5)
Garage and carport additions are permitted for residential structures,
provided they cover a paved parking area and are connected to a street
by a paved drive, meet the minimum building setback requirements,
and have roof and siding material compatible with the primary structure.
(6)
Patio and porch covers are permitted for residential structures,
provided they cover an improved patio, deck, or porch, and meet the
minimum building setback requirements.
(7)
Living area additions are permitted, provided they meet the minimum
building setback requirements, have roof and siding material that
is compatible with the primary structure, and comply with the same
structural standards as the primary structure.
(c)
Connection to municipal utilities.
No mobile home, manufactured
home, or other modular component will be connected to any municipal
utility system until such mobile home, manufactured home, or other
modular component complies with all applicable provisions of the city’s
ordinances, including skirting requirements.
(Ordinance 042109, sec. 2, adopted 4/21/09)
(a)
The
city administrator or designee is authorized and directed to make
such inspections as are necessary to enforce the provisions of this
article.
(b)
The
city administrator or designee shall have the power to enter at reasonable
times upon any private or public property to inspect and investigate
conditions relating to this article.
(c)
The
city administrator or designee may, in the performance of his/her
inspection duties, review the register of the residents of the manufactured
home park.
(d)
The
manufactured home park operator shall allow access to the park by
the city administrator or designee at all reasonable times to carry
out required duties.
(Ordinance 042109, sec. 2, adopted 4/21/09)
(a)
Use permitted.
Nonresidential HUD-code manufactured
homes or modular components may be placed, installed or located within
the city.
(b)
Placement, occupancy, construction and installation.
The minimum requirements and regulations set forth in section 3.06.003(2), section 3.06.003(7)(A), (B), and (C), and section 3.06.007, save and except subsections (b)(6) and (b)(7) of section 3.06.007, are applicable to the placement, installation, or location of a nonresidential HUD-code manufactured home or modular component in the city. Setbacks for nonresidential HUD-code manufactured homes or modular components located on property used solely for commercial purposes shall conform to the setbacks for structures with similar use and purpose.
(c)
Building permit.
(1)
Purpose.
The city administrator or designee may grant,
deny, or conditionally approve building permits for nonresidential
HUD-code manufactured homes or modular components within the city
as set forth in this subsection. Because of the nature of the use
and the possible adverse impact on neighboring properties of the use,
review, evaluation and exercise of planning judgment relative to the
location and site plan of the proposed use are required.
(2)
Procedure.
The city administrator or designee may issue
a building permit for a nonresidential HUD home or modular component
pursuant to the procedures provided in this subsection.
(3)
Application.
Any person proposing to begin to obtain
a building permit under this subsection shall file an application
accompanied by a site plan. The site plan may be a sketch or drawing
on one or more pages, generally to scale, with distances marked, and
is not required to be prepared by an engineer. The site plan, along
with the application, will become a part of the building permit, if
approved. The accompanying site plan shall provide the following information:
(A)
Data describing the processes and activities proposed and involved
in the proposed use, and the type and date of construction of the
nonresidential HUD-code manufactured home, modular component, or accessory
building.
(B)
Boundaries of the area covered by the site plan and the address or
legal description of the area.
(C)
The location of each existing and proposed building and structure
in the area covered by the site plan and the number of stories and
gross floor area.
(D)
The location of existing drainageways and significant natural features.
(E)
The location, height, and type of walls and fences.
(4)
Fee.
The application shall be accompanied by the fee
set out in the schedule of permit fees for the location or removal
of a manufactured home in the city's adopted fee schedule.
(5)
Compliance with state and federal requirements.
The
applicant for a permit for the placement, remodel, repair, or removal
of a nonresidential HUD-code manufactured home shall demonstrate that
all state and federal requirements for accessibility and barrier-free
construction and asbestos management as applicable to the occupancy
or type of construction have been met prior to the issuance of a permit.
(6)
Issuance.
The city administrator or designee shall authorize
a building permit for a nonresidential HUD-code manufactured home
or modular component in response to a completed application submitted
to the city that complies with this subsection, provided that the
nonresidential HUD-code manufactured home or modular component complies
with this article and all applicable state and city regulations.
(7)
Appeals.
Any person making application for a building
permit pursuant to the terms and conditions of subsection may appeal
to the board of adjustments a decision of the city administrator or
designee denying such application and building permit.
(Ordinance 042109, sec. 2, adopted 4/21/09; Ordinance
09-2022C adopted 9/20/2021)
(a)
Notice.
Prior to the abandonment of a manufactured home
park or site, proper notice must be given to the city administrator
or designee to facilitate the proper removal of utility connections.
(b)
Securing of abandoned utility connections.
All abandoned
utility connections shall be secured in a manner which will protect
the city’s utility system and the public health, safety, and
welfare. The owner or occupant of the manufactured home site or the
owner or operator of the manufactured home park shall have the secured
abandoned utility connections inspected by the city. Refund of municipal
utility deposits shall be contingent upon passing such inspection,
and subject to any other city ordinances affecting refund of utility
deposits. All costs for securing abandoned utility connections shall
be borne by the owner of the manufactured home park or the home.
(Ordinance 042109, sec. 2, adopted 4/21/09)
Provision is hereby made for the city council to authorize and
approve manufactured home parks within the city.
(Ordinance 042109, sec. 2, adopted 4/21/09)
(a)
Requirements for use of property as manufactured home park.
Property and areas of the city may not be used and occupied
as a manufactured home park, or for the installation and location
of HUD-code manufactured homes, except as provided in this article.
The owner or operator of such park shall be licensed by the city to
operate and maintain such property as required in this division and
in accordance with other ordinances as applicable. Property and areas
shall not be approved as a manufactured home park, or for the installation
and/or occupancy by HUD-code manufactured homes, without a specific
use permit, unless such property and areas are planned, used, approved,
platted and occupied as a manufactured home park. Land and areas of
the city authorized for use as a manufactured home park and having
an approved subdivision plat or site plan for a manufactured home
park may be used for HUD-code manufactured homes as provided in this
division.
(b)
Permitted uses.
(1)
One HUD-code manufactured home on each approved space or lot.
(2)
Approved accessory buildings located on a lot for use by the owner or occupant of a structure that is located on such lot; provided that aggregate square footage of the manufactured home and accessory building is limited to the maximum impermeable cover requirement for each space or lot, and setbacks are to be maintained in compliance with section 3.06.044(b).
(3)
Recreational, civic and/or commercial facilities designed for exclusive
use of the occupants of the manufactured home park.
(4)
Accessory buildings for use by the owner or manager of the manufactured
home park.
(5)
One single-family dwelling unit on a 6,000 square foot or larger
lot for use as the owner’s or manager’s residence.
(6)
Spaces for recreational vehicles must be listed in the application
for permit and must meet city standards for hook-ups and dump sites.
No recreational vehicle shall remain in any manufactured home park
for more than thirty (30) days consecutively, nor more than ninety
(90) days cumulative per calendar year.
(c)
Purpose.
The requirements for manufactured home parks
are established for the protection of the public health, safety and
welfare, and for the following purposes:
(1)
To provide adequate space and site diversification for residential
purposes that are planned to accommodate the design criteria of manufactured
homes.
(2)
To protect against pollution, environmental hazards and other objectionable
influences.
(3)
To make adequate provisions for vehicular and pedestrian circulation.
(4)
To promote housing densities appropriate to and compatible with existing
and proposed public support facilities.
(5)
To promote the most desirable use of land and direction of building
development, to promote stability of development, to protect the character
of neighborhoods, to conserve the value of land and buildings, and
to protect the city’s tax base.
(Ordinance 042109, sec. 2, adopted 4/21/09)
(a)
Required.
It shall be unlawful for any person to construct,
alter or extend any manufactured home park within the city limits
unless this person has applied for and been granted a valid license
by the city for the specific construction, alteration or extension
proposed.
(b)
Application.
All applications for licenses for manufactured
home parks shall be made upon standard forms provided by the city
and should contain the following:
(1)
Name and address of the applicant;
(2)
A site plan containing the following information:
(A)
The area and dimensions of the tract of land to be developed, with
identification of location and boundaries;
(B)
The number, location, and size of all manufactured home spaces;
(C)
Location, width, and specifications of driveways, roadways, and walkways;
(D)
The location and specifications of water lines, sewer lines, and
riser pipes;
(E)
Locations and details of lighting, electrical, and, gas systems;
(F)
Locations and specifications of all buildings to be constructed by
the operator;
(G)
Existing and proposed topography and drainage of the manufactured
home park;
(H)
Location of fire mains, including size and materials, the hydrants
and any other equipment which may be provided; and
(I)
Such other information as city administrator or designee may require.
(c)
Fee.
All applications for construction, renovation,
or expansion of a manufactured home park to the city shall be accompanied
by a fee as set forth in the city's adopted fee schedule.
(d)
Hearing on denial.
Any person affected by the refusal
of the city inspection officials to issue a permit under the provisions
of this division may request and shall be granted a hearing on the
matter before the board of adjustments, provided that such person
shall file a written request for a hearing within ten days after the
date the permit was refused. The filing shall include reasons for
requesting the hearing and show proof why the permit should be granted.
Upon receipt of the request the city secretary shall place this item
on the agenda for the next regularly scheduled board of adjustments
meeting and inform the petitioner of the date of such hearing. At
the specified hearing the petitioner shall be given an opportunity
to be heard and show cause for modification or withdrawal of the refusal.
(e)
Noncompliance with order of board of adjustments.
After
such hearing the board of adjustments shall issue an order in writing
sustaining, modifying or withdrawing the refusal. Upon failure to
comply with an order by the board of adjustments sustaining or modifying
a decision thereof, the manufactured home park, if in operation or
occupied, shall be shut down for any future operations or rental of
spaces and the utilities shall be terminated. In the case of a new
park under construction, occupancy shall not be allowed until the
operator brings the park into compliance with the orders of the board
of adjustments and applicable ordinances.
(Ordinance 042109, sec. 2, adopted 4/21/09; Ordinance
09-2022C adopted 9/20/2021)
(a)
General standards.
(1)
A development designed as a manufactured home park or recreational vehicle park shall meet all requirements of this division, section 3.06.007, and any applicable sections of the city’s subdivision ordinance. Said facility so designed shall be for the explicit purpose of renting or leasing of manufactured home sites and shall not be construed to permit the sale of such spaces as lots.
(2)
A development designed as a manufactured home subdivision shall meet
all requirements of the city’s subdivision ordinance and any
applicable sections of this article. To the extent of a conflict between
this division and the city’s subdivision ordinance, the more
restrictive regulation shall control. Such subdivision shall have
as its major purpose the sale and conveyance of property rights and
ownership of individual lots to consumers.
(3)
At no time may an existing manufactured home park be converted to
a manufactured home subdivision without first meeting all requirements
of the city’s subdivision ordinance and receiving approval by
the city council.
(4)
As of the date of this division, existing manufactured home parks may not issue new leases to any manufactured housing unit not meeting the requirements of this division. This does not prevent the continuance of an existing lease to a unit currently legally installed and occupied in an existing park. Such use shall be allowed to continue subject to the requirements in section 3.06.006 (nonconforming uses).
(b)
Area regulations.
(1)
Yards.
(A)
Front yard.
There shall be a front yard having a depth
of not less than twenty (20) feet.
(B)
Side yard.
There shall be a side yard of not less than
ten (10) feet in width on each side of the lot. A side yard adjacent
to a side street shall not be less than fifteen (15) feet.
(C)
Rear yard.
There shall be a rear yard having a depth
of not less than ten (10) feet measured from the rear lot line.
(2)
Size of lot.
(A)
Lot area.
Lots served by the city wastewater collection
system shall have a minimum of three thousand two hundred (3200) square
feet.
(B)
Lot width.
Lots with a minimum of three thousand two
hundred (3,200) square feet shall have a minimum width of forty (40)
feet at the building line and for a distance of at least forty (40)
feet behind the building line.
(C)
Lot depth.
The average depth of the lot shall not be
less than eighty (80) feet.
(3)
Lot size to be calculated for type of vehicle.
Size of the lots shall be calculated for the type of vehicle to be located on the lot, subject to the lot size regulations set forth in subsection (b)(1) above, and use of the minimum widths, depths, and areas above shall not be construed as a license to place a manufactured home or accessory building within the required setbacks on a given plot or lot.
(c)
Off-street parking.
Adequate off-street parking shall
be provided for each site. The parking shall in no way interfere with
traffic flow or create a hazard. Adequate space must be provided to
insure that fire and emergency vehicles have access to all areas of
the park at all times.
(d)
Additional design standards.
(2)
No through traffic shall be permitted in a manufactured home park.
(3)
A perimeter fence shall be required, unless exempted for good cause
by the city council.
(4)
Curbs and gutters shall be required and shall conform to the requirement
for city streets.
(5)
Utility installations and service must comply with existing city
requirements.
(6)
All construction or additions must comply with city requirements
and no work may be started until a building permit is issued.
(7)
Garbage will be collected by city sanitation crews either at the
home sites or at a central location as preauthorized by the license
for the manufactured home park. All garbage and trash is subject to
the requirements of the sanitation regulations of the city.
(8)
Interior streets, drives and corners must be laid out to provide
the maneuvering and access clearances necessary for sanitation trucks
and city firefighting and emergency equipment.
(Ordinance 042109, sec. 2, adopted 4/21/09)
(a)
The
licensee or his agent shall operate the park in compliance with this
division and all other applicable ordinances and shall provide adequate
supervision to maintain the park and its facilities and equipment
in good repair and in a clean and sanitary condition.
(b)
The
licensee or his agent shall notify all park occupants of all applicable
provisions of this division and inform them of their duties and responsibilities
under this division.
(c)
The
licensee or his agent shall maintain a register of park occupancy
which shall contain the names and addresses of park residents, location
of each manufactured home within the park by space or lot number,
and date of arrival and departure with a forwarding address.
(d)
All
responsibilities set out elsewhere in this division.
(Ordinance 042109, sec. 2, adopted 4/21/09)
(a)
The
manufactured home owner shall be responsible for securing a manufactured
home permit for placement of a manufactured home in a manufactured
home park.
(b)
The
occupant shall be responsible for proper placement of the home in
the assigned space or lot. The occupant shall also be responsible
for proper utility installation to city requirements.
(c)
The
occupant is responsible for the space or lot maintenance and to ensure
all facilities, structures, and equipment therein are maintained in
a clean and sanitary condition.
(Ordinance 042109, sec. 2, adopted 4/21/09)
