(a) 
For purposes of this article, the following terms shall have the respective meanings set forth below:
Department.
The Texas Department of Housing and Community Affairs or any successor agency administering the Texas Manufactured Housing Standards Act (chapter 1201, Texas Occupations Code).
HUD-code manufactured home.
(1) 
A structure:
(A) 
Constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;
(B) 
Built on a permanent chassis;
(C) 
Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
(D) 
Transportable in one or more sections; and
(E) 
In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet;
(2) 
Includes the plumbing, heating, air conditioning, and electrical systems of the home; and
(3) 
Does not include a recreational vehicle as defined by 24 C.F.R. section 3282.8(g).
Mobile home.
(1) 
A structure:
(A) 
Constructed before June 15, 1976;
(B) 
Built on a permanent chassis;
(C) 
Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
(D) 
Transportable in one or more sections; and
(E) 
In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and
(2) 
Includes the plumbing, heating, air conditioning, and electrical systems of the home.
Industrialized building.
A modular structure or building and includes “industrialized housing” and an “industrialized building” as those terms are defined in chapter 1202 of the Texas Occupations Code.
Recreational vehicle.
Shall have the meaning assigned to it by 24 C.F.R. 3282.8(g) and shall mean and refer to a vehicle or trailer which is:
(1) 
Built on a single chassis;
(2) 
400 square feet or less when measured at the largest horizontal projections;
(3) 
Self-propelled or permanently towable by a light duty truck; and
(4) 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Travel trailer.
A “recreational vehicle” as defined above.
(b) 
It is the intention of the city to adopt the definitions of the above terms which are set forth in the applicable statute or regulation dealing with such matters. Accordingly, any amendment or change in the definition of the above terms which are hereinafter enacted in chapters 1201 or 1202 of the Texas Occupations Code or any other applicable law or regulation are hereby adopted and incorporated into these regulations.
(c) 
Any term not specifically defined in these regulations shall have the meaning assigned to it in chapter 1201 or 1202 of the Texas Occupations Code or other applicable law or the City’s Code of Ordinances.
(Ordinance 335 adopted 11/21/17)
(a) 
Requirements.
Each HUD-code manufactured home hereafter located or installed within the city shall:
(1) 
Be manufactured according to the then current standards for a HUD-code manufactured home;
(2) 
Have a statement of ownership and location issued by the department or a manufacturers statement of origin if installed within the period in which a manufactured home dealer may apply for a statement of ownership and location;
(3) 
Be installed in a manner consistent with the Texas Manufactured Housing Standards Act and the then applicable requirements, rules and regulations of the Department issued pursuant to the provisions of the Texas Manufactured Housing Standards Act;
(4) 
Be installed by an installer who has a current, unrevoked license issued by the department;
(5) 
Be installed in such a manner which complies with all use, area, intensity of use, height, yard and parking regulations prescribed by the city’s then existing zoning ordinance, including those in section 11 of the zoning ordinance, which are applicable to the lot or tract on which the HUD-code manufactured home is to be located;
(6) 
Be connected to the city’s water and sewer system, and to available electric, gas or propane supplies, in a manner which complies with all building or technical codes which would be applicable to a site built structure;
(7) 
Be installed in an area in which a HUD-code manufactured home is permitted under the city’s flood damage prevention regulations (article 3.05, of this code) and in a manner consistent with those regulations;
(8) 
Be installed in a manner consistent with the building setback lines applicable to the lot or tract on which the HUD-code manufactured home is to be installed; and
(9) 
Not be installed on any lot or tract with respect to which an applicable deed or subdivision restriction prohibits the installation of a HUD-code manufactured home.
(b) 
Application for siteing permit.
Prior to installing a HUD-code manufactured home within the city the owner of the HUD-code manufactured home shall obtain a siteing permit from the city. The application for a siteing permit:
(1) 
May be on a form prescribed by the city manager;
(2) 
Shall include a site plan or scaled drawing, in a form reasonably acceptable to the city manager, showing the dimensions of the lot or parcel of land on which the owner proposes to install the HUD-code manufactured home as well as the location of the HUD-code manufactured home on that lot or tract;
(3) 
Shall be accompanied by the statement of ownership and location, or, if applicable, the manufacturer’s certificate of origin, for the HUD-code manufactured home and a copy of the license of the installer which meets the requirements set forth above; and
(4) 
Shall be accompanied by a nonrefundable administrative fee of $50.00.
(c) 
Action on application for siteing permit.
An application for a siteing permit for a new HUD-code manufactured home for use as a dwelling is considered to be granted unless the municipality in writing denies the application and states the reason for the denial not later than the 45th day after the date the application is received. In all other cases the city shall act on an application within a reasonable time from the point it is able to verify the information in the application and compliance with this article given available staff resources.
(d) 
Other permits.
In addition to the siteing permit required by subsection (b) above, each owner installing a HUD-code manufactured home within the city shall also obtain from the city any permit then required for a site built structure permits from the city for:
(1) 
The connection of the HUD-code manufactured home to the available electric, gas or propane supply and the city’s water and sewer system;
(2) 
The erection or installation of any accessory building or structure; or
(3) 
The installation of heating and/or air conditioning units.
(Ordinance 335 adopted 11/21/17)
(a) 
Compliance with building and technical codes and other requirements.
Any industrialized building hereinafter constructed, or installed, within the city shall comply with all applicable building and technical codes which would apply to a site built structure. In addition, each industrialized building installed within the city shall:
(1) 
Have a complete set of designs, plans, and specifications bearing the stamp of approval of the Texas Industrialized Building Code Council;
(2) 
Be installed or constructed in accordance with the rules of the Texas Commission of Licensing and Regulation;
(3) 
With respect to each module or modular component, bear an approved decal or insignia indicating inspection by the Texas Department of Licensing and Regulation;
(4) 
Be constructed or installed in a manner which complies with all use, area, intensity of use, height, yard and parking regulations prescribed by the city’s then existing zoning ordinance, including those in section 11 of the zoning ordinance, which are applicable to the lot or tract on which the industrialized building is to be located;
(5) 
Be constructed or installed in an area in which an industrialized building is permitted under the city’s flood damage prevention regulations (article 3.05, of this code) and in a manner consistent with those regulations;
(6) 
Be constructed or installed in a manner consist with the building setback lines applicable to the lot or tract on which the industrialized building is to be constructed or installed; and
(7) 
Not be installed on any lot or tract with respect to which an applicable deed or subdivision restriction prohibits the installation of an industrialized building.
(b) 
Permits required.
Prior to the construction or installation of any industrialized building within the city, the owner shall obtain any and all permits that would be required for a site built structure according to the procedures then in effect for obtaining such permits. In addition, the city may require and review, for compliance with mandatory building codes, a complete set of designs, plans, and specifications bearing the stamp of approval of the Texas Industrialized Building Code Council for each installation of industrialized housing or buildings proposed to be installed or constructed and may require, in accordance with the rules of the Texas Commission of Licensing and Regulation, that all modules or modular components bear an approved decal or insignia indicating inspection by the Texas Department of Licensing and Regulation.
(c) 
Inspection by the city.
The city shall have the right to inspect the construction or installation of an industrialized building in the same manner it is permitted to inspect the construction of a site built structure. Further, the city shall have the right to withhold certificates of occupancy and require the correction of any installation or construction which is not in compliance with applicable building or technical codes.
(d) 
Single-family or duplex industrial housing; particular requirements.
Single-family or duplex industrialized housing must have all local permits and licenses that are applicable to other single-family or duplex dwellings. For purposes of this section, single-family or duplex industrialized housing is real property. Single-family or duplex industrialized housing must:
(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 industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for the county; and
(2) 
Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located.
(Ordinance 335 adopted 11/21/17)
From and after the effective date of this article a mobile home, meaning a structure manufactured prior to June 15, 1976 and meeting the definition set forth above, may not be located within the city.
(Ordinance 335 adopted 11/21/17)
(a) 
Proper storage and parking.
Travel trailers and recreational vehicles may be parked or stored anywhere in the city so long as they are stored in a manner which does not violate any zoning or parking regulation, any state statute or any applicable deed or subdivision restrictions.
(b) 
Use as residence or business.
A travel trailer or recreational vehicle may not be used as a residence or for a business except as follows:
(1) 
A travel trailer or recreational vehicle otherwise properly parked or stored within the city may be used as a temporary residence for a period not to exceed 7 days separated by a period of 30 days where it is unoccupied unless an exception is granted by the city manager or his designee.
(2) 
A travel trailer or recreational vehicle located in a trailer camp or trailer coach park may be used as a residence.
(Ordinance 335 adopted 11/21/17)
Any person violating any of the provisions or terms of this article shall be deemed guilty of a misdemeanor and, upon conviction, be punished by a fine not to exceed the sum of $500.00 for each offense, and each and every day such violation shall continue be deemed to constitute a separate offense. Allegation and evidence of a culpable mental state is not required for proof of any offense defined by this article. Further, in addition to said criminal penalty, this article may be enforced by denial of permits, restraining order, injunctive action and/or suit.
(Ordinance 335 adopted 11/21/17)