The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Building official.
The mayor, a code enforcement officer approved by the city council of Magnolia, Texas, or their designees.
City.
The City of Magnolia, Texas.
Construction permit.
The permit required for the construction, alteration or extension of any manufactured home park in the city.
“De facto” manufactured home subdivision.
An area not located within a platted manufactured home subdivision but which has been substantially occupied with manufactured housing and which has been designated by the city council as suitable for the installation of additional manufactured homes.
HUD-code manufactured home.
A structure: (i) constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; (ii) built on a permanent chassis; (iii) designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; (iv) transportable in one or more sections; and (v) 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; (v) includes the plumbing, heating, air conditioning, and electrical systems of the home; and (vi) does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g).
Label.
A metal inspection label or plate which has been permanently affixed by the manufacturer or by an approved testing agency to a manufactured home or recreation vehicle or to equipment used in connection therewith, and which contains a serial number if required, the specifications of the vehicle or the equipment to which it is attached, and refers to any standards that have been met in the construction of such vehicle or equipment. TDHCA Applications for a Statement of Ownership and Location (SOL) Units that do not possess this label shall not qualify for placement in a manufactured home park, or anywhere in the corporate limits of the city.
License or permit.
A manufactured home park operator’s license which may be referred to as a permit issued by the city. Said license is not transferable to another person, firm, or corporation without prior approval by the city.
Licensee.
The person to whom a manufactured home park operator’s license has been issued by the city.
Manufactured home or manufactured housing.
A HUD-Code manufactured home or a mobile home.
Manufactured or mobile home park
(the terms are interchangeable). A tract or parcel of land used for rental or lease occupancy by two or more manufactured homes for occupancy as residential dwellings, regardless of whether a charge is made for such accommodation and regardless of whether the plot of ground is the property of the manufactured home owner or is being leased from a manufactured home park owner.
Manufactured home space or lot.
That part of a manufactured home park, which has been improved for the placement of the manufactured home or recreation vehicle, including all required appurtenances and having provision for available utility connections.
Manufactured home subdivision.
A legally platted subdivision of lots which is intended to serve as sites for the installation of manufactured homes for use and occupancy as residential dwellings.
Mobile home.
A structure: (i) constructed before June 15, 1976; (ii) built on a permanent chassis; (iii) designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; (iv) transportable in one or more sections; and (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and (vi) includes the plumbing, heating, air conditioning, and electrical systems of the home.
Owner.
The owner or lessee, whether one or more, of the premises on which a manufactured home park or manufactured home space is operated when such person is not a licensee.
Park.
A manufactured home park.
Person.
A natural person, his/her heirs, executors, administrators or assigns, and shall also include a firm, partnership, joint venture, or corporation, its successors or assigns or the agent of the aforesaid.
(Ordinance O-2013-020, sec. 2(exh. A), adopted 8/13/13)
A person, firm or corporation violating any provision of this article shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500.00 for each act of violation, and each day or violation shall be considered a separate violation punished as provided in section 1-10.
(Ordinance O-2013-020, sec. 2(exh. A), adopted 8/13/13)
The purpose and intent of this article is:
(1) 
To provide certain minimum standards, provision, and requirements for safe, sanitary and suitable methods of construction and operation of present and future manufactured home parks within the city.
(2) 
To assure that manufactured home parks shall not become a menace to public health, safety or welfare, nor a detriment to the property values of the neighborhood.
(3) 
To provide proper locations, sanitary and healthful conditions and facilities for manufactured homes and recreation vehicles within the city.
(4) 
Except for those mobile homes already in the city on or before March 5, 1996, mobile homes as defined in this article are no longer permitted in the city.
(Ordinance O-2013-020, sec. 2(exh. A), adopted 8/13/13)
The provisions of this article shall apply throughout the corporate limits of the city. The provisions of this article applicable to the design, construction and operation of a manufactured home, manufactured home parks and manufactured home subdivisions shall also be applicable to any manufactured home, manufactured home park or manufactured home subdivision located outside the city which is connected to city water or sewer utility service.
(Ordinance O-2013-020, sec. 2(exh. A), adopted 8/13/13)
(a) 
New installation of mobile home prohibited.
(1) 
No mobile home may be installed for use or occupancy as a residential dwelling within the city after the date of March 5, 1996. No manufactured housing other than HUD-Code manufactured homes may be installed for use or occupancy as a residential dwelling within the city and only in a manufactured home park or manufactured home subdivision. (See definitions)
(2) 
The prohibition implemented by this section shall be prospective only and shall not apply to mobile homes previously permitted and used or occupied as residential dwelling within the city before the date March 5, 1996, as provided by City Ordinance 222. Mobile homes lawfully within the city on the date of the ban may be relocated once, but only to a new location within a manufactured home park or manufactured home subdivision.
(3) 
If a mobile home or manufactured home existed outside of a manufactured home park before March 5, 1996, it may be removed from its location and replaced with a HUD-Code manufactured home on the same property, provided it is a newer manufactured home and is at least as large in living space as the prior manufactured home. The owner’s ability to replace the home is limited to a single replacement unless it is replaced because of a fire or natural disaster.
(b) 
Restrictions for manufactured homes.
(1) 
Manufactured homes are not permitted in residential neighborhoods or subdivisions that have deed restrictions that prohibit mobile homes and in any case if there is a conflict between this article and a deed restriction, the most restrictive provisions will control. Unless otherwise provided in this Code, no manufactured home may be used as a commercial building or for business purposes.
(2) 
Manufactured homes shall be installed in approved manufactured home parks or manufactured home subdivisions.
(c) 
Existing manufactured homes.
When the condition of an existing manufactured home located in the city violates city codes, the building official shall require the owner to repair it, move the manufactured home out of the city, or demolish it. Within a period of 90 days, or in the case of a fire or natural disaster, a period of 180 days, the owner may replace the manufactured home with a HUD-Code manufactured home, which passed a “Property Inspection Report”; and the Texas Department of Housing and Community Affairs Habitability Inspection Report submitted by a licensed inspector. The owner must also submit a TDHCA Notice of Installation (FORM T) prepared by the transporting company. If the unit is not in conformance with building standards, it shall be denied an occupancy permit and utilities shall not be connected to it.
(d) 
Any replacement manufactured home shall:
(1) 
Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the replacement manufactured home will be located, as determined by the most recent certified tax appraisal for Montgomery County;
(2) 
Comply with city aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to other single-family dwellings in the neighborhood; and
(3) 
Be securely fixed to a permanent foundation.
(4) 
For purposes of this subsection, “value” means the taxable value of the manufactured home and lot before the installation of the manufactured home on the lot.
(e) 
[Violation.]
If any manufactured home located in a manufactured home park or subdivision violates a city code, it shall be replaced with a manufactured home that has passed inspection by a licensed inspector, and be subject to the provisions of this section and article.
(f) 
Variance.
Any person who seeks an exception or variance to this article may submit his/her request in writing to the director who shall present the request to the city council for its consideration. The city council may grant a variance to this article if it finds that granting the requested variance promotes fairness, does not reward self-created hardships, does not provide special favors, and is clearly in the best interest of the public and the neighborhood in which it may be placed. Each variance request shall be considered on its own merits on a case-by-case basis, and shall not be construed to set a precedent for future requests.
(g) 
[City limits.]
No person may park a manufactured home within the city limits of the city for any period in excess of 24 hours.
(h) 
Exceptions to restrictions.
(1) 
Mobile homes or manufactured homes parked upon a lot where homes are manufactured or sold and where no person occupies such mobile home as a dwelling or sleeping place.
(2) 
Mobile homes or manufactured homes temporarily parked upon a lot as a temporary construction office and where no person occupies such structure as dwelling or sleeping place.
(3) 
Mobile homes or manufactured homes temporarily parked upon a lot or tract of land for sales and display purposes and where no person occupies same as a dwelling or sleeping place.
(Ordinance O-2013-020, sec. 2(exh. A), adopted 8/13/13)
(a) 
It shall be unlawful for any person to reside in or own a manufactured home within the city without permit. A permit is required for any manufactured home that is relocated or replaced as provided in this article. The permit shall be displayed upon the right front corner of the manufactured home at all times it is in effect.
(b) 
It shall be unlawful for any person to maintain or operate within the city limits any mobile home park without first obtaining a permit.
(c) 
No city services shall be provided to any manufactured home or any mobile home park until such time as a permit is obtained, required fees are paid, and every aspect of this article complied with.
(Ordinance O-2013-020, sec. 2(exh. A), adopted 8/13/13)
Fees for manufactured homes, manufactured home parks and occupancy permits shall be as established by ordinance. The city council shall have the right to change the fee schedule from time to time as necessary.
(Ordinance O-2013-020, sec. 2(exh. A), adopted 8/13/13)
(a) 
Each manufactured home in the city shall have two exit doors. Such doors shall be located remote from each other. Screen doors shall be of the hinged type, opening outwardly from the inside.
(b) 
Each manufactured home in the city must meet the definition of a manufactured home as given in [section 54-19] and have a permanent label affixed to it which certifies it as meeting the definition.
(c) 
Each manufactured home in the city shall have a skirt that will conceal from view the undercarriage on all sides of the manufactured home. Acceptable skirting material includes polyvinyl or other material that shall be approved in writing by the building official. Because polyvinyl will deteriorate when exposed to the sun, skirting of this material must be properly maintained and/or replaced if and when it becomes unsightly.
(Ordinance O-2013-020, sec. 2(exh. A), adopted 8/13/13)