The following words and phrases used in this article shall have
the following respective meaning, unless a different meaning clearly
appears from context:
An asphalt or concrete road, alley or driveway.
Any person licensed to operate and maintain a mobile home
park or travel trailer park under the provisions of this article.
Shall have the same definition or meaning assigned to the
term in the Texas Occupations Code.
A natural or artificial fence hedge which limits public view
of a mobile home park or travel trailer park from the outside.
A building, structure or use of land lawfully occupied at
the time of the effective date of this article which does not conform
to the plans and specifications and license requirements of this article
for operating and maintaining a mobile home park or a travel trailer
park.
Either a mobile home park or a travel trailer park, in the
respective context.
Any person to whom a permit is issued to maintain and operate
a mobile home park or travel trailer park as a nonconforming use under
the provisions of this article.
Any natural individual, firm, trust, partnership, association
or corporation.
Any vehicular portable structure designed as a temporary
dwelling for travel, recreational and vacation uses, and includes
folding hardtop campers transported behind a motor vehicle, truck-mounted
campers attached to and transported behind a motor vehicle or pickup,
a camper, converted bus, tent trailer, tent or similar device used
for temporary portable housing, or a similar type of temporary dwelling
intended for short-term occupancy, travel, and/or recreation.
(Ordinance adopted 9/21/21)
It shall be unlawful for a person to install a mobile home,
as that term is defined, for use as a residence inside the city limits.
(Ordinance adopted 9/21/21)
(a)
It
shall be unlawful for any person to locate a manufactured home in
any location that has not been determined by the city council to be
appropriate. Pursuant to the authority granted in section 1201.008
of the Texas Occupations Code, the city determines that the only appropriate
areas for placement of HUD-Code manufactured homes within the city
are:
(b)
For a location deemed appropriate under subsection (a)(2) above:
(1)
The replacement home must be newer and at least as large in living
space as the prior manufactured home;
(2)
Not more than one HUD-Code manufactured home may be located on any
lot at any time; and
(3)
The manufactured home being replaced must be promptly removed to
a location beyond the city limits or another location deemed appropriate
hereunder.
(c)
Not
withstanding the foregoing, no location shall be deemed appropriate
if said location is subject to an otherwise valid deed restriction
restricting the use of a manufactured home or industrialized housing.
(Ordinance adopted 9/21/21)
This article is not intended to abrogate or annul any permit
issued or agreement made by the city council before the date of this
article with respect to the location of a mobile home, travel trailer,
or park.
(Ordinance adopted 9/21/21)
Notwithstanding any other requirement herein, all manufactured homes installed within the city after January 1, 1999, and all manufactured homes located in the city after January 1, 2000, shall have skirting of aluminum, wood or other substantial material capable of shielding the undercarriage from view in place around the entire base of the manufactured home within thirty days after its occupancy. Failure to comply shall be punished in accordance with section 1.01.009 of the Code of Ordinances.
(Ordinance adopted 9/21/21)
Recreational vehicles, camper buses, motor homes and camper
trailers may not be used as a primary residence in the city. So long
as the parking of such vehicles is not prohibited by deed restriction
and the location complies with all other regulations and ordinances,
such vehicles may be stored on the property and may be connected to
city electricity and water.
(Ordinance adopted 9/21/21)
It shall be unlawful for any person to maintain and operate a mobile home park or travel trailer park within the limits of the city unless such person shall first obtain a license therefor. A park in existence and operating on the effective date of this article that is not in conformity with the park plan requirements contained in section 3.03.049 shall obtain a license and a permit for nonconforming use within ninety (90) days of the effective date of this article.
(Ordinance adopted 9/21/21)
(a)
A
written application for an initial license to operate and maintain
a mobile home park or travel trailer park shall be filed with the
city administrator. The application, with appropriate attachments,
shall be signed by the applicant and include the following information:
(1)
The applicant’s name and mailing address;
(2)
The location and legal description of the land area of the proposed
park, with a plat attached showing the size and configuration of the
land area;
(3)
Written notice shall be given to the owners of all the properties
located within two hundred feet (200') of the boundary of the proposed
park. The notification must contain the date of the city council meeting
at which the application will appear on the agenda;
(b)
The
city administrator shall review each application for license submitted
for compliance with all of the provisions of this article. The application
will be presented to the city council for its consideration at a regular
meeting, with the accompanying recommendations of the city administrator.
The city administrator shall issue the license only upon approval
of the initial application by the city council.
(Ordinance adopted 9/21/21)
(a)
Application for license and permit; issuance.
Any person operating and maintaining a mobile home park or travel trailer park in existence on the effective date of this article that is not in conformity with the park plan requirements contained in section 3.03.049 shall submit a written application for an initial license and permit for nonconforming use. The application, signed by the applicant, shall include the basic information required for a license in section 3.03.049, as applicable. The application will specify “Nonconforming Use” where the applicant is unable to comply with the full park plan requirements. The city administrator shall issue the license and permit for nonconforming use immediately upon receipt of the application, permitting a continuance of use of such park without being subject to the provisions of this article, except such of the provisions as are made expressly herein for a nonconforming use, and except for those conditions applicable to the operation and maintenance of a park as contained in section 3.03.050.
(b)
Continuance of use.
Any nonconforming use of land or
structures as a mobile home park or travel trailer park in existence
on the effective date of this article may be continued for definite
periods of time, subject to such regulations as the city council may
require for immediate preservation of the adjoining property and the
ultimate removal of the nonconforming use. If, however, a continuous
operation is not carried on in such nonconforming use during a continuous
twelve (12) months, the building, other structure or tract of land
where the nonconforming use previously existed shall thereafter be
occupied and used only for a conforming use. Intent to resume active
operation shall not affect the foregoing.
(c)
Change of use.
A nonconforming use may be changed to a conforming use, or to another nonconforming use of the same or more restrictive use upon approval of the change by the city council. For the purpose of this section, “a more restrictive use” shall mean the making of a major structural change to a mobile home park or travel trailer park, licensed under a permit for nonconforming use, according to the park plan requirements contained in section 3.03.049.
(d)
Damage or destruction of use.
A nonconforming use shall
not be extended or rebuilt in case of obsolescence or total destruction
by fire or other cause. In case of partial destruction by fire or
other causes not exceeding fifty percent (50%) of its value, and upon
inspection by the city administrator, the city administrator shall
issue a building permit for reconstruction. If greater than fifty
percent (50%) and less than total, the city council may grant approval
of a permit for repair after a public hearing, and having due regard
for the property rights of the persons affected when considered in
the light of public welfare and the character of the areas surrounding
the designated nonconforming use.
(e)
Enlargement of use of land.
A nonconforming use of land
for enlargement of a mobile home park or travel trailer park shall
be prohibited, except on specific authorization of the city council.
(f)
Normal maintenance.
Normal maintenance of a building
or a structure containing a nonconforming use shall be permitted,
including necessary non-structural repairs and incidental alterations
not extending the nonconforming use.
(Ordinance adopted 9/21/21)
The city council, in making its decision to approve or not to
approve an application for a license to operate and maintain a mobile
home park or travel trailer park, shall consider such other factors
as follows:
(1)
The
location of the proposed mobile home park or travel trailer park;
(2)
The
existing type of development and land use in the immediate area;
(3)
Except
in the case of structures built to applicable Housing and Urban Development
Department Code, the quality and type of proposed construction;
(4)
The
utilization of land and air space;
(5)
The
control of traffic and off-street parking;
(6)
The
most appropriate use of land involved in the particular application
so as not to create hardship for the applicant or owner of any property
surrounding the area and to be in the best public interest;
(7)
The
current concepts and standards for mobile home parks and trailer parks
published by reputable and recognized trade associations in the mobile
home and travel trailer industry.
(Ordinance adopted 9/21/21)
Any license issued to operate a mobile home park or travel trailer
park shall be renewed by the city administrator upon payment of the
annual fee by the licensee. A request for transfer of a license shall
be filed in writing with the city administrator. Upon inspection of
the park and a favorable finding by the city administrator, the city
administrator shall issue a transfer of license upon receipt of the
transfer fee.
(Ordinance adopted 9/21/21)
The annual license fee and transfer fee for a mobile home park or travel trailer park shall be as provided for in the fee schedule found in appendix A of this code.
(Ordinance adopted 9/21/21)
The license certificate issued shall be conspicuously posted
by the licensee in the office of or on the premises of the mobile
home park or travel trailer park at all times.
(Ordinance adopted 9/21/21)
The license issued to maintain and operate a mobile home park
or travel trailer park may be revoked when the licensee has been found
guilty by a court of competent jurisdiction of violating any provision
of this article and after a public hearing is held before the city
council according to written notice given to the licensee at least
ten (10) days prior to such hearing. The license may be reissued if
the circumstances leading to the conviction of the licensee have been
remedied to the satisfaction of the city council that the park in
question is being operated and maintained in full compliance with
the law.
(Ordinance adopted 9/21/21)
Park plans shall conform to the following requirements:
(1)
Size of park; consent of property owners.
The minimum
size of a park area shall be one (1) acre.
(2)
Drainage.
The park shall be located on a well-drained
site, with drainage easement right-of-way, properly graded to insure
rapid drainage and absence of stagnant pools of water.
(3)
Spaces and clearance requirements.
The respective park
plans shall provide for mobile home or travel trailer spaces that
conform to recognized standards, except that mobile home spaces shall
be at least three (3) times larger than the mobile home to be located
thereon, but in no event shall any mobile home space be less than
three thousand (3,000) square feet gross. Such spaces shall be clearly
delineated in each park according to the plat plan. The mobile home
or travel trailer shall be so located on each space provided whereby
there shall be at least a twenty foot (20') clearance between the
mobile homes or the travel trailers, with respect to being parked
side-to-side or end-to-end.
(4)
Setback requirements.
No mobile home or travel trailer
shall be located closer than ten feet (10') to any building within
the respective park, or to any property line of the park which does
not abut upon a public street, road or highway; nor shall any mobile
home or travel trailer be located closer than twenty-five feet (25')
to any property line of the respective park abutting upon a public
street, road or highway, or such distance as may be established by
other ordinance or code as a front yard or setback requirement with
respect to conventional buildings or established building lines in
the area contiguous to the mobile home park or travel trailer park.
(5)
Off-street parking and loading spaces.
In the use of
land for construction of a mobile home park, provision shall be made
for the location on said land, concurrently with said construction,
of off-street parking space on the basis of at least one (1) off-street
parking space for each mobile home space, plus at least one (1) additional
off-street parking space for every four (4) mobile home spaces for
guests; and off-street loading space on the basis of at least one
(1) permanently maintained loading space of not less than ten feet
(10') in width, forty-five feet (45') in length, and fourteen feet
(14') in height (if covered), provided that one (1) additional loading
space shall be maintained for every two thousand (2,000) square feet
of the park area, but not more than three (3) such spaces shall be
required.
(6)
Walkways and driveways.
Walkways not less than thirty
inches (30") wide shall be provided from the mobile home or travel
trailer spaces to service buildings within the park. All driveways
and walkways within each park shall be hard surfaced and lighted at
night.
(7)
Sanitation facilities.
Mobile home parks shall not be
required to install sanitation facilities provided that all manufactured
homes permitted in the park shall have completely self-contained sanitation
facilities. All parks in which travel trailers are to be located must
be equipped with sanitation facilities as hereafter set forth. The
buildings shall be well lighted at all times of the day and night,
shall be constructed of such moisture-proof material, which may be
painted woodwork, as shall permit repeated cleaning and washing, and
shall be maintained at a temperature of at least sixty-eight degrees
(68°) Fahrenheit during the period from October 1st to May 1st
of each year. The floors of the service buildings shall be of water-impervious
material. Each travel trailer park shall be provided with toilets,
baths or showers, slop sinks and other sanitation facilities which
shall conform to the following requirements:
(A)
The toilet and other sanitation facilities for males and females
shall be either in separate buildings or shall be separated, if in
the same building, by a soundproof wall.
(B)
The toilet facilities for males shall consist of not less than one
(1) flush toilet for every fifteen (15) travel trailer spaces, one
(1) urinal for every fifteen (15) travel trailer spaces, one (1) shower
or bath, but with individual dressing accommodations for every ten
(10) travel trailer spaces, and one (1) lavatory for every ten (10)
travel trailer spaces.
(C)
Toilet facilities for females shall consist of not less than one
(1) flush toilet for every ten (10) travel trailer spaces, one (1)
shower or bathtub with individual dressing accommodations for every
ten (10) travel trailer spaces, and one (1) lavatory for every ten
(10) travel trailer spaces.
(D)
Anything in the foregoing subsections (B) and (C) to the contrary notwithstanding, each travel trailer park shall provide for each sex not less than two (2) flush toilets, two (2) showers or bathtubs with individual dressing accommodations, and two (2) lavatories, and in addition thereto, for males, not less than two (2) urinals.
(F)
There shall be provided in each toilet facility for each sex not
less than one (1) slop sink or other like facility with an adequate
supply of hot running water.
(8)
Electrical service.
An electrical service connection
of at least a 120/240 volt, single-phase, 100 amperes entrance capacity
shall be provided for each mobile home and travel trailer space.
(9)
Water supply.
An adequate supply of pure water for drinking
and domestic purposes shall be supplied by pipes to all buildings,
and to each mobile home and travel trailer space within the park.
Each mobile home space and travel trailer space shall be provided
with a cold water tap at least four inches (4") above the ground.
(10)
Sewage disposal.
Waste from showers, bathtubs, flush
toilets, urinals, lavatories and slop sinks in service and other buildings
within any park shall be discharged into a public sewer system in
compliance with applicable ordinances.
(A)
Each mobile home space shall be provided with a sewer at least four
inches (4") in diameter, which shall be connected to receive the waste
from the shower, bathtub, flush toilet, lavatory and kitchen sink
of the mobile home harbored in such space and having any or all of
such facilities. The sewer in each space shall be connected to discharge
the mobile home waste into a public sewer system in compliance with
applicable ordinances.
(B)
Each travel trailer park may provide approved sewage disposal dumping
facilities for travel trailers to discharge sewage disposal wastes
into a public sewer system in lieu of providing each travel trailer
space with a sewer at least four inches (4") in diameter.
(11)
Barrier along boundary with residential property.
Where
any boundary of a park directly abuts property which is improved with
a permanent residential building located within two hundred feet (200')
of such boundary, a natural or artificial barrier, a minimum of six
feet (6') in height, shall be provided along such boundary.
(Ordinance adopted 9/21/21; Ordinance 1677 adopted 8/16/2022)
(a)
Responsibility.
The licensee, or authorized attendant
or caretaker, shall be in charge at all times to keep the mobile home
or travel trailer park and its facilities in a clean, orderly and
sanitary condition that will not menace the health of any occupant
or constitute a public nuisance. The attendant or caretaker shall
be answerable, with the licensee, for the violation of any provision
of this article pertaining to the maintenance and operation of the
park.
(b)
Register of occupants.
(1)
(2)
The register shall be kept available at the mobile home or travel
trailer park for inspection at all times by law enforcement officers,
public health officials and other officials whose duties necessitate
acquisition of the information contained in the register. The register
records shall not be destroyed for a period of three (3) years following
the date of registration.
(c)
Control of pets.
No owner or person in charge of any
dog, cat or other pet animal shall permit it to run at large or commit
any nuisance within the limits of any mobile home park or travel trailer
park.
(d)
Garbage receptacles.
Either metal or plastic garbage
cans with tightfitting covers shall be provided in quantities adequate
to permit disposal of all garbage and rubbish within each park. The
garbage cans shall be located at each mobile home space and travel
trailer space, and shall be kept in sanitary condition at all times.
(e)
Fire protection.
Every park shall be equipped at all
times with fire extinguishing equipment of such type, size and number
so as to satisfy applicable and reasonable regulations of the local
fire department. No open fires shall be permitted in the park; however,
this shall not be construed so as to prohibit the use of approved
portable charcoal grills or camper-type stoves.
(f)
Use of bottled gas and fuel oil.
Bottled gas for cooking
purposes shall not be used for individual mobile homes or travel trailers
unless the containers are properly connected by copper or other suitable
metallic tubing. The bottled gas cylinders shall be securely fastened
in place to the outside of the mobile home or travel trailer at a
location not less than five feet (5') of a door thereof. All state
and local regulations applicable to the handling of bottled gas and
fuel oil must be followed. This article shall not be construed so
as to repeal any ordinance of this city, or any part thereof, regulating
the use of liquefied gas.
(g)
Additional structures.
It shall be unlawful for any
person operating a mobile home park or travel trailer park, or occupying
a mobile home or travel trailer, to construct or permit to be constructed
in such park, or in connection with such mobile home or travel trailer,
any additional structure, building or shelter in connection with or
attached to the mobile home or travel trailer; except awnings of canvas,
suitably constructed to acceptable standards, may be attached to either
a mobile home or travel trailer; and except, however, portable, prefabricated,
temporary rooms, commonly called “cabanas,” may be attached
to a mobile home for the express purpose of increasing dwelling space,
which meet the following requirements:
(1)
Of metal only, fire resistive, double wall, mechanical joint panels
(no welded joints between panels permitted).
(2)
Strength of materials and structure to meet minimum standards of
the city building code.
(3)
Capable of being dismantled and removed from the site at the time
the mobile home to which it is accessory is moved.
(4)
Finish and appearance to be as near the same as possible to, or in
harmony with the design of, the mobile home to which it is accessory.
(5)
The length must not exceed the length of the mobile home to which
it is accessory.
(6)
Only one such room per mobile home shall be permitted.
(Ordinance adopted 9/21/21)
