14A-4.1.1
This article
outlines the requirements for licensing and operating a Manufactured
Home Park, provides for an exception to these rules for individual
manufactured homes outside of MH Parks before the passage [of] this
ordinance. For further regulation of manufactured homes see the zoning
categories Planned Development (PD), MH District and Manufactured
Home Subdivision (MHS).
14A-4.1.2
Licensing.
A.
A Manufactured
Home Park zoning on a piece of property does not automatically give
permission to operate a MH Park. Operation of MH Park without a license
issued by the City under this Section 4.1 is prohibited.
B.
An applicant
seeking a license under this Section 4.1 shall provide a detailed
scaled drawing of lots, lot sizes, private streets, and utility easements
and other improvements as may be desired by the owner of the manufactured
home park. If a drawing meeting the requirements of this subsection
was submitted as part of the zoning process, no additional drawing
is necessary.
C.
Provided
the drawing is satisfactory, the license will be issued after the
payment is received.
D.
The license
will be renewed each year on the anniversary of the date the license
was rewarded.
E.
If ownership
changes of the manufactured home park during a license period, an
additional fee must be paid to transfer the license.
F.
The license
will be displayed in the designated office of the manufactured home
park owner.
14A-4.1.3
Operations
and Maintenance.
A.
Registration
Information.
1.
Licensee
will keep up-to-date and have available for inspection at the manufactured
home park a register of manufactured home park occupancy that will
have the following information:
2.
A new
register will be initiated on January 1 of each year and the old register
retired but retained on the manufactured home park office premises
for a minimum of three years.
B.
Tax Information.
Licensee will provide a list of all mobile homes in the park
as of January 1 of each year. The information will be provided without
demand by January 15 of each calendar year. The register of manufactured
home park occupancy may be used to supply this information.
C.
General
Cleanliness.
The owner of the manufactured home park
is responsible for the general cleanliness of his property. Grass
must be cut by the owner in common areas and caused to be cut by his
tenants. Accumulations of rubbish in or around individual manufactured
homes or in common areas shall be removed by the owner or cause the
same to be done by his tenants.
D.
Fire Precautions.
No open fires will be permitted in manufactured home parks except
in outdoor cooking containers designed to be used as outdoor cookers.
The owner of the manufactured home park shall inspect periodically
to ensure that the skirting required is intact and functioning so
as to prevent the accumulation of flammable material.
14A-4.1.4
Placement
of manufactured homes outside areas zoned as Planned Development Districts,
Manufactured Home Parks, and Manufactured Home Subdivisions.
A.
If on the
date of adoption of this Zoning Ordinance there exists a HUD Code
Manufactured Home on any lot or in any zoning district of the city,
it may be replaced with a HUD Code Manufactured Home provided that
(1) the new home can be placed on the lot so as to meet the area and
setback requirements for that zoning district; (2) the new home is
newer than the manufactured home that it is replacing; and (3) the
new home is at least as large as the manufactured home that it is
replacing. A time limit of six (6) months shall not lapse from the
time the Manufactured Home is moved off a lot and another new HUD
Manufactured Home is moved onto the lot. If six (6) months elapse,
the Manufactured Home shall not be allowed to be placed on the lot.
B.
Any home
brought into the city under these conditions must be permanently tied
to piers or runners and must be skirted with fire resistant material.
The skirting will have the appropriate number of vents and accesses.
C.
A fee set
by resolution and approved by City Council will be charged for each
home brought into the area under this provision Additionally, the
owner or their contractor must obtain a building permit, electrical
permit and a plumbing permit.
(Ordinance 2018-555 adopted 10/16/18; Ordinance 2020-594 adopted 9/14/20)
14A-4.2.1
A garage
apartment shall share at least one (1) common wall with or be located
above a private garage of a single-family residential dwelling.
14A-4.2.2
A garage
apartment may only be used as a dwelling unit for one (1) family.
14A-4.2.3
Where
garage apartments are permitted, the rental, lease, or receipt of
compensation for the use of a garage apartment is allowed.
14A-4.2.4
Where
garage apartments are permitted, the use of a garage apartment as
a permanent residence is allowed.
14A-4.2.5
Installation
of a separate gas or electrical meter in a garage apartment is not
prohibited.
14A-4.2.6
One additional
off-street parking space shall be required when a property has a garage
apartment.
14A-4.2.7
All property
development regulations applicable to the principal residence shall
be applicable to the garage apartment, including, but not limited
to, setbacks, yards and height limitations.
(Ordinance 2018-555 adopted 10/16/18)
14A-4.3.1
Where
permitted, a guest house shall be located within a detached accessory
building of a residential lot.
14A-4.3.2
Rental,
lease, or receipt of any compensation for the use of a guest house
is prohibited.
14A-4.3.3
Use of
the guest house as a permanent residence is prohibited.
14A-4.3.4
Installation
of a separate gas or electrical meter for the guest house is prohibited.
14A-4.3.5
A guest
house may include one bathroom and a kitchen.
14A-4.3.6
One additional
off-street parking space shall be required when a property has a guest
house.
14A-4.3.7
All property
development regulations applicable to the principal residence shall
be applicable to the guest house, including, but not limited to, setbacks,
yards and height limitations.
(Ordinance 2018-555 adopted 10/16/18)
14A-4.4.1
Health
and Safety Requirements for Boarding House facilities, Bed and Breakfast
facilities, Country Inns, Hotels and Motels: All boarding houses,
bed and breakfasts, country inns, hotels and motels:
A.
Must have
a working smoke detector in each sleeping room.
B.
Must have
a fire evacuation plan posted within the sleeping room.
C.
If sleeping
rooms are located above a first floor, must have an escape route provided
by a fire escape or window rope ladder or similar device from the
second or higher stories.
D.
Must provide
a fire extinguisher on each floor of the dwelling that has sleeping
rooms.
E.
Must have
an approved parking plan to show how parking will not block the public
right-of-way or interfere with parking in the neighborhood. Off street
parking is preferred.
F.
The structure
must conform to city building code for single family residential structures
for electrical and fire requirements.
G.
Provisions
must be made for safe food preparation and handling.
(Ordinance 2018-555 adopted 10/16/18)
14A-4.5.1
License.
A.
Required.
It shall be unlawful for any person to operate any RV Park within
the City limits unless such person holds a valid license issued annually
by the City of Smithville in the name of such person for the specific
park. The applicant shall make all applications for the licenses on
forms furnished by the City of Smithville, which shall issue a license
upon compliance with the provisions of this article.
B.
Application
Fee.
The license fee shall be set by resolution of the
City Council and is on file with the office of the City secretary.
C.
Hearing
on Denial.
Any person whose application for a license
under this article has been denied may request, and shall be granted,
a hearing on this matter before the Planning and Zoning Commission
with recommendation forwarded to City Council for approval or disapproval.
D.
Application
for Renewal.
Application for renewal of an RV Park license
shall be made in writing by the licensee on forms furnished by the
City of Smithville on or before December 31st of each year. Such application
shall contain any changes in the information occurring after the original
license was issued or the latest renewal granted. The renewal license
fee shall be set by resolution of the City Council and is on file
with the office of the City secretary.
E.
Approval
of Transfer.
Every person holding a license shall give
notice in writing to the City of Smithville within ten (10) days after
having sold, transferred, given away, or otherwise disposed of interest
in or control of any RV Park. Application for transfer of a license
shall be made within ten (10) calendar days after notification of
change covered in this subsection. Within thirty (30) calendar days
thereafter, the City of Smithville shall act on the application for
license transfer and it shall be approved if the RV Park is in compliance
with the provisions of this section.
F.
Transfer
Fee.
The license transfer fee shall be set by resolution
of the City Council and is on file with the office of the City secretary.
G.
Suspension.
1.
Whenever,
upon inspection of any RV Park, the City finds that conditions or
practices exist which are in violation of any provisions of this article
applicable to such park, the City shall give notice in writing to
the owner and/or manager of the park, and if such conditions or practices
have not been corrected in the time frame set forth in the notice,
the City will suspend the license and give notice of such suspension.
Upon suspension of the license, the licensee shall cease operation
of such park.
2.
The suspension
of the license may be appealed to the City Council as set forth in
subsection (b) of section 3.2 [sic].
H.
Inspections.
1.
Authorized.
The building official and code official are hereby authorized
to make such inspections as are necessary to determine compliance
with this article.
2.
Entry
on Premises.
The building official and code official
shall have the power to enter at reasonable times upon any private
or public property within the purpose of inspecting and investigating
conditions relating to the enforcement of this article.
I.
Notices,
Hearings and Orders.
1.
Notice
of Violation.
Whenever it is determined that there are
grounds to believe that there has been a violation of any provision
of this article, the City of Smithville shall give notice of such
alleged violation to the licensee or agent, as hereinafter provided.
Such notice shall:
a.
Be in
writing.
b.
Include
a statement of the reasons for its issuance.
c.
Allow
ten (10) days for compliance.
d.
Be served
upon the license or his agent; provided that such notice or order
shall be deemed to have been properly served upon such licensee or
agent when a copy thereof has been served in person or sent by e.certified
mail to his/her last known address.
e.
Contain
an outline of remedial action that, if taken, will affect compliance
with the provisions of this article.
f.
After
all procedures outlined above are exhausted citations may be issued.
If a municipality mails a notice to a property owner in accordance
with Section 3.2(a) [sic] and the United States Postal Service returns
the notice as “refused” or “unclaimed,” the
validity of the notice is not affected, and the notice is considered
as delivered.
2.
(b)
Appeal from Notice.
Any person affected by any
notice that has been issued in connection with the enforcement of
any provision of this article applicable to such park may request
a hearing before the City Council provided that such person shall
file within ten (10) days after the day the notice was served, in
the City secretary’s office, with a copy to the office of the
code official, a written petition requesting such hearing and setting
forth a brief statement of the grounds thereof. The filing request
for a hearing shall operate as a stay of the notice and of the suspension,
except in the case of an order issued under subsection (d) of this
section.
3.
(c)
Issuance of Order.
After such hearing, the City
Council shall issue an order in writing sustaining, modifying, or
withdrawing the notice of violation, which order shall be served by
certified mail upon the petitioner. Any failure to comply with an
order sustaining or modifying the finding of a violation shall constitute
grounds for immediate revocation of the license of the park affected
by the order.
4.
(d)
Order without Notice.
Whenever the City finds
that an emergency exists which requires immediate action to protect
the public health or safety, the designated official may, without
notice or hearing, issue an order reciting the existence of such an
emergency and requiring the action to be taken as deemed necessary
to meet the emergency. Notwithstanding any other provisions of this
section, such order shall be effective immediately, but upon written
petition to the City shall be afforded a hearing as soon as possible.
The provisions of subsection (c) of this section shall be applicable
to such hearing and the order issued thereafter.
J.
Violations
Declared Nuisance; Abatement; Penalty.
1.
Any noncompliance
with this article is hereby deemed a nuisance.
2.
The City
may abate and remove the nuisance and punish the person(s) responsible
for causing or allowing the nuisance condition to exist.
3.
Any person(s) violating this article shall be subject to a fine as set forth in the City Code of Ordinance Chapter One, General Provisions, Article 1.100 Code of Ordinances, Section 1.109 - General Penalty for Violations of Code and Continuing Violations [section 1.01.009].
4.
The code
official shall be the authority of the jurisdiction responsible for
the issuance of citations and any action deemed necessary for the
enforcement of this ordinance.
14A-4.5.2
Site
Development Plan.
A.
Site Development
Plan Submittal.
1.
A site
development plan must be prepared and submitted to City staff and
the Planning and Zoning Commission for approval. The site development
plan must include the requirements for site plans contained herein.
2.
The Planning
and Zoning Commission shall have the power and it shall be its duty
to recommend for adoption the RV Park site development plan to the
City Council as a whole or in parts, for the future development and
redevelopment of the municipality in accordance with Chapter 283,
Acts of the Regular Session of the Legislature, 1927, (Arts. 1011a
to 1011j, V. T. C. S.). The commission shall perform such other duties
as may be prescribed by ordinance or state law.
3.
A nonrefundable
fee will be required with submittal of the site development plan.
The fee shall be set by resolution of the City Council and is on file
with the office of the City secretary. The fee covers the administrative
cost for design review, notification of residents within 200 feet
of the proposed RV Park, and for providing advertising/legal notice
to the public. The fee will also cover any zone change requests required
as part of site development. Note: The Planning and Zoning Commission
serves in an advisory capacity to the City Council. Approval or denial
of the RV Park site development plan rests solely with the City Council.
B.
Location
and Fencing.
1.
RV Parks
may only be located in an area regulated by section 4.2 [sic] of this
article.
2.
In addition,
RV Parks shall be located at least twenty (20) feet from any single-family
residential (SF1), two-family residential (SF2), or multifamily (MF)
zoning district. This requirement does not apply to SF1, SF2, or MF
areas within the 100-year floodplain. Recreational vehicles cannot
be placed closer than twenty (20) feet to the property line separating
the RV Park from adjoining property, measured from the nearest point
of the recreational vehicle.
3.
An opaque
fence at least eight (8) feet in height must be placed on the property
line to buffer the RV Park from view. The fence shall be installed
on both sides and at the rear of the property. The fence must be made
of treated lumber, ornamental metal, brick, stone, and/or combination
thereof. Fences shall be maintained in good condition or deemed a
public nuisance.
D.
Size of
Individual Sites; Pad Requirements; Landscaping.
1.
Each recreational
vehicle site within the RV Park shall have a minimum area of one thousand
nine hundred fifty (1,950) square feet and shall be at least thirty
(30) feet wide and sixty-five (65) feet in depth. The interior pad
sites shall be designed as pull-through for ease of entering and leaving
the site. The exterior pad sites can be designed as back-in spaces.
A roadway is therefore required to the front and rear for the pull-through
spaces. In addition, the space shall be clearly marked identifying
the space number.
2.
The left
1/3 (10 x 65) of the site or driver’s side must be planted with
grass and other landscaping; the middle (10 x 65) must be paved with
cement or asphalt and the remaining 1/3 or passenger side can be paved
with either cement, asphalt, crushed rock or similar material. The
middle portion is to be used for the parking of the recreational vehicle
with the paved area on the right used as a parking or patio area.
E.
Street
Access; Street Lighting.
1.
Each recreational
vehicle site within the RV Park shall have access to an internal private
roadway, which shall have access to a public street. The entrance
of the internal roadway shall have a pavement width of at least thirty
(30) feet with an adequate curb radius. The major thoroughfare shall
have a pavement width (concrete or asphalt) of twenty-four (24) feet
in accordance with City standards. The roadway may be fifteen (15)
feet if the RV Park is designed for one-way roads. Each emergency
access lane shall have a clear unobstructed width of twenty-four (24)
feet; fifteen (15) feet if one-way and shall have a turning area and
radii with a minimum of sixty (60) feet to permit free movement of
emergency vehicles. Dead-end streets are not allowed.
2.
Metal
signs shall be placed along the emergency access lane, by the owner
or agent of the RV Park stating that parking is prohibited. The sign
type, size, height and location shall be approved by the City.
3.
Adequate
street lighting for the RV Park shall be approved by the City.
F.
Required
Facilities.
1.
Each RV
Park must have an office for the manager of the RV Park, and a bathroom
and shower facilities, as well as laundry facilities. All facilities
used by residents must be well lit inside and out during the night
hours. All facilities must meet applicable codes adopted by the City
to include compliance with the Americans with Disability Act (ADA).
2.
All RV
Parks shall have at least one (1) recreation area, located as to be
free of traffic hazards, easily accessible to all park residents and
centrally located where topography permits. Not less than eight (8)
percent of the gross park area shall be devoted to recreational facilities.
Recreation areas include space for community buildings and community
use facilities such as restroom and shower facilities, adult recreation
(basketball court or tennis court) and playgrounds for children, and
swimming pools, but not including vehicle parking, maintenance and
utility areas.
G.
Soil and
Ground Cover.
Exposed ground surfaces in all parts of
the RV Parks shall be paved, covered with stone, rock, or other similar
solid material, or protected with vegetative cover that is capable
of preventing soil erosion and eliminating dust. All pavement shall
be kept in good repair.
14A-4.5.3
Drainage.
The ground surface in all parts of the RV Park shall be graded
and designed to drain all storm water, surface water in a safe, efficient
manner. Drainage analysis shall be performed by a licensed professional
engineer and easements for the conveyance of surface water off-site
shall be obtained, if necessary.
14A-4.5.4
Water
Supply.
A.
Each site
within an RV Park shall be provided with a connection to the City
water supply if available. If City water supply is not available,
then a permit from the Texas Commission on Environmental Quality (TCEQ)
shall be obtained to install a well.
B.
The City
must approve all proposed water facility plans prior to construction.
C.
The water
distribution system shall be installed as follows:
1.
The water
supply system, fixtures and other equipment must be installed in accordance
with applicable codes adopted by the City.
2.
A master
water meter shall be installed to serve the RV Park. Sub-metering
or re-metering of RV sites is not permitted.
3.
A reduced
pressure principal backflow preventer will be required to be placed
at the property line on the discharge side of the master meter. In
addition, one (1) must be placed at each of the connections for each
RV site and located on the left side of the site.
4.
Water
riser service branch lines shall extend at least four (4) inches above
ground elevation. The branch line shall be at least 3/4 inch.
5.
Adequate
provisions shall be made to prevent freezing of service lines, valves
and riser pipes. Surface drainage shall be diverted from the location
of utility connections at each site.
6.
A shut
off valve below the frost line shall be provided near each water riser
pipe.
7.
The owner/operator
shall have complete maintenance responsibility for the water system
within the RV Park.
8.
The City
has no maintenance responsibility for service lines within the RV
Park. The responsibility of the City stops at the property line.
14A-4.5.5
Wastewater
Facilities.
A.
Each site
within the RV Park shall be provided with a connection for wastewater
if available.
B.
If City
wastewater is not available, then a permit from the Texas Commission
on Environmental Quality (TCEQ) shall be obtained prior to placement
of an on-site sewage facility.
C.
All proposed
wastewater service lines shall be connected to the City wastewater
system if available.
D.
On-site
sewage facilities are permitted if City utilities are not available.
E.
The City
must approve all proposed wastewater facility plans prior to construction.
F.
The wastewater
distribution system shall be installed as follows:
1.
The wastewater
system and materials must be installed in accordance with applicable
codes adopted by the City.
2.
Each site
shall be provided with a four-inch diameter wastewater riser and shall
extend above grade four (4) to six (6) inches. The wastewater riser
pipe shall be so located on each stand so that the wastewater connection
to the RV drain outlet will approximate a vertical position. Each
inlet shall be provided with a gastight seal when connected to a recreational
vehicle or have a gastight seal plug when not in service. The plug
shall be that of a spring-loaded device.
3.
The wastewater
connection to each site shall consist of a single four-inch service
line without any branch lines, fittings, or connections. All joints
shall be water tight.
4.
Surface
drainage shall be diverted away from the riser. The rim of the riser
pipe shall extend at least four (4) to six (6) inches above the ground
elevation.
5.
Each collection
wastewater line shall provide a vent extending a minimum of ten (10)
feet in height.
6.
The owner/operator
shall have complete maintenance responsibility for the wastewater
system within the RV Park. The responsibility of the City stops at
the property line.
7.
Each RV
Park shall be required to install at the property line, where connection
to the City sewer is made, a sample well site as defined herein. The
sample well site shall be installed according to City code.
8.
All chemicals
entering the City sewer shall be biodegradable.
14A-4.5.6
Electrical
Service.
A.
Each site
within the RV Park shall be provided with electrical service.
B.
All electrical
service shall be underground and installed in accordance with the
National Electrical Code.
C.
The electrical
service shall be installed as follows:
1.
A master
electric meter shall be installed to serve the RV Park. Sub-metering
or re-metering of RV sites is not permitted.
2.
The City
has no maintenance responsibility for service lines within the RV
Park. The responsibility of the City stops at the property line.
3.
The location
of all underground lines shall be clearly marked by surface signs
at approved intervals.
4.
Power
supply to each site shall be a minimum of one 20-amp and one 50-amp
power supply.
5.
Outlets
(receptacles or pressure connectors) shall be housed in an Underwriters’
Laboratories, Inc., approved weather proof outlet box.
6.
A water
tight seal shall be provided for underground conduit in floodplain
installations and a riser extending a minimum of two (2) feet above
the floodplain elevation shall be provided.
14A-4.5.7
Sanitary
Facilities.
A.
Each RV
Park shall provide the following sanitary facilities as listed below:
1.
One (1)
toilet or stool for the female sex for every twenty (20) sites or
fraction thereof (minimum of one (1) is required) for the first one
hundred and twenty (120) sites, and one (1) per forty (40) sites thereafter.
2.
One (1)
toilet or stool and one (1) urinal stall for the male sex for every
twenty (20) sites or fraction thereof (minimum of one (1) is required)
for the first one hundred and twenty (120) sites, and one (1) per
forty (40) sites thereafter.
3.
One (1)
washbasin shall be provided within the toilet room for every two (2)
toilets or fraction thereof (a minimum of one (1) is required).
4.
One (1)
shower shall be provided for each sex for each twenty (20) sites or
fraction thereof (minimum of one (1) is required for each sex) for
the first one hundred and twenty (120) sites, and one (1) per forty
(40) sites thereafter.
5.
All toilets
and shower facilities shall be placed in properly constructed buildings
and located not more than two hundred (200) feet from any recreational
vehicle site.
6.
Buildings
shall be well lit at all times, day or night, well ventilated with
screened openings, and constructed of moisture proof material to permit
rapid and satisfactory cleaning, scouring and washing.
7.
The floors
shall be of concrete or other impervious material, elevated not less
than four (4) inches above grade, and each room shall be provided
with floor drains.
8.
A slop
sink or basin with water supply shall be in each restroom (male and
female) and at least one (1) in the laundry facility, and shall be
constructed in accordance with design, size and materials approved
by the building official.
B.
Toilet and
bathing facilities shall be in separate rooms or partitioned apart
in any manner as to provide privacy and promote cleanliness. Each
toilet provided in a community toilet house shall be partitioned apart
from any other toilet in the same room. The floor surface around the
commode shall not drain into the shower floor.
C.
Toilet floors
and walls shall be of impervious material, painted white or a light
color, and kept clean at all times. Shower stalls shall be of tile,
plaster, cement or some other impervious material and shall be kept
clean at all times. If a shower stall is of some impervious material
other than tile, cement or plaster, it shall be white or some light
color and kept clean at all times. The floor of any bathroom, other
than the shower stall, shall be of some impervious material, and the
walls of the bathroom, other than the shower stall, shall be papered
with canvas and wallpaper, or an equivalent washable surface kept
clean at all times.
14A-4.5.8
Storage,
Collection and Disposal of Refuse and Garbage.
Each RV
Park shall be provided with safe and adequate facilities for the collection
and removal of waste and garbage. Storage, collection, and handling
shall be conducted so as to create no health hazards, rodent harborage,
insect breeding areas, or fire hazards. Every site shall be located
within two hundred (200) feet of a refuse facility measured along
the RV Park internal roadway. Trash dumpsters shall be screened on
three (3) sides.
14A-4.5.9
Telephone.
A minimum of one (1) emergency telephone shall be provided in
an easily accessible location twenty-four (24) hours a day, seven
(7) days a week for emergency use.
14A-4.5.10
Accessory
Structures.
The individual sites within the RV Park are
not allowed to have accessory structures as defined herein.
14A-4.5.11
Registration
of Guests.
Each person renting a site within a RV Park
shall provide the following information to the owner, manager, operator
or person in charge of the RV Park:
14A-4.5.12
Control
of Insects, Rodents and Other Pests.
A.
Grounds,
buildings and structures in the RV Park shall be maintained free of
the accumulation of high grass and weeds and debris so as to prevent
rodent and snake harborage or the breeding of flies, mosquitoes or
other pests.
B.
The RV
Park owner or manager shall be responsible for maintaining the entire
area of the park free of dry brush, leaves, limbs and weeds.
14A-4.5.14
Change
of Ownership of Grandfathered RV Park.
Upon change of
controlling interest of a grandfathered RV Park the new owner shall
immediately bring the existing RV Park to meet the requirements of
this ordinance.
14A-4.5.15
Existing
Manufactured Mobile Home Parks.
Existing manufactured
mobile home parks that have spaces for recreational vehicles prior
to the adoption of this ordinance shall be permitted to occupy the
space with a recreational vehicle. However, in no instance shall a
new manufactured mobile home park (located within the City limits
of Smithville) be allowed recreational vehicles or spaces for recreational
vehicles. Similarly, no manufactured mobile home shall be permitted
in a recreational vehicle park.
(1987 Code of Ordinances, Chapter 11, Section 2; Ordinance 2018-555 adopted 10/16/18)
(Ordinance 2018-555 adopted 10/16/18)
