This article is remedial and essential to public interest, safety, health and welfare. It establishes minimum standards for the continued use and occupancy of all manufactured home communities. This article shall be known as the city’s mobile home park regulations.
(Ordinance 440-2007, sec. 1, adopted 10/18/07)
Accessory building.
A subordinate building, the use of which is incidental to that of the main building on the same lot.
Alteration.
Replacing, adding, modifying, removing, or exchanging manufactured homes or other structures, moving in a new or additional manufactured home or other structure, changing or adding manufactured home community plot or lot lines, and changing manufactured home community property lines.
Back end.
The opposite end from the front end of the unit.
Back side.
The opposite side from the front side of the unit.
Building board of appeals.
The city zoning board of adjustment.
Building code.
The most recently adopted edition of the electrical code, building code, fire code, mechanical code, and plumbing code adopted by ordinance and currently in effect in the city, and the Manufactured Housing Standards Act, chapter 1201 et seq. of the Texas Occupations Code.
Building official.
The person employed by the city to perform building permit review and inspections.
City official.
The city manager, police chief, fire marshal, fire chief, building official/inspector, code compliance officer, and city engineer.
Clubhouse.
A building or rooms accessible to all residents, which is used for meetings or recreational use.
Dangerous manufactured home.
A manufactured home or any other structure in or around which conditions exist as outlined in section 3.04.014 of this article, which could possibly threaten the health, safety or general welfare of any person.
Department.
The city.
Director.
The city manager or his/her designee.
Driveway.
A private accessway leading from a street or other thoroughfare to a building, garage, recreational vehicle or HUD-code manufactured home.
Dwelling.
A structure, including a HUD-code manufactured home or recreational vehicle, occupied for a residential purpose.
Dwelling unit.
Any room or group of rooms occupied, or which is intended or designed to be occupied, as the home or residence of one (1) individual, group of individuals, family, or household for housekeeping purposes.
Essential utility.
Electricity, water, sanitary sewer, storm sewer, and heating fuel.
Family.
One (1) or more persons related by blood, adoption or marriage and who are living together as a single housekeeping unit.
Fire chief.
The fire chief of the city or his or her designated representative.
Front end.
The end of the unit where the tongue would be attached or where the headlights are located.
Front side.
The side of the unit where the front door is located or left side when facing the tongue or headlights.
Garbage.
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
Habitable room.
A room or enclosed floor space used or designed to be used for living, sleeping, cooking or eating purposes, but not including bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets or storage spaces.
HUD.
The United States Department of Housing and Urban Development.
HUD-code manufactured home.
A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems of the home.
Installation.
The construction of the foundation systems, whether temporary or permanent, HUD-code manufactured home, HUD-code manufactured home component, or HUD-code manufactured home accessory, including fuel tanks, on or near the foundation system, and includes supporting, blocking, leveling, securing, anchoring, and properly connecting multiple or expandable sections or components, and minor adjustments.
Law.
Federal, state, or local statute, ordinance, court decision, rule, or regulation.
Litter.
Garbage, refuse, rubbish, and all other waste material deposited on the ground or in any place other than in an approved garbage receptacle.
LPG.
Liquefied petroleum gas.
Manager.
A person who is responsible for the day-to-day operations of a manufactured home community.
Manufactured home community.
Any lot, tract, or parcel of land used in whole or in part for parking two (2) or more HUD-code manufactured homes.
Manufactured home or manufactured housing.
A HUD-code manufactured home or a mobile home (reference definition for HUD-code manufactured home).
Manufactured home unit plot.
A section of the manufactured home community designated for the placement of a single HUD-code manufactured home.
Mobile home.
A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems of the home.
Occupant.
Any person over one (1) year of age living, sleeping, cooking, eating in or having actual possession of a dwelling unit.
Office.
The location on the property where business is conducted for the property.
Owner.
A person claiming, or in whom is vested, the ownership, dominion, or title to real or personal property, including but not limited to the owner of a fee simple title; the holder of a life estate; the holder of a leasehold estate for an initial term of five (5) years or more; the buyer in a contract for deed; a mortgagee, receiver, executor, or trustee in control of real property; the agent of an owner in fee simple, the holder of a leasehold, lessor, sublessor, mortgagee, receiver, executor, or trustee; lessor, or sublessor of a dwelling.
Permit.
An official document or certificate issued by the city authorizing performance of a specified activity.
Person.
An individual, company, corporation, business trust, estate trust, partnership, association, any other group, two or more persons having a joint or common interest, or any legal or commercial entity.
Police chief.
The police chief of the city or his or her designated representative.
Porch or deck.
A structure adjacent to an entry door of a HUD-code manufactured home.
Premises.
A lot, plot or parcel of land, including any structure on it.
Recreational vehicle.
A vehicle which is built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projections, self-propelled or towable and designed primarily not for use as a permanent dwelling unit, but as temporary living quarters for recreational, camping, travel, or seasonal use.
Street.
Any roadway, fire lane, accessway or alley.
Structure.
That which is built or constructed; an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
Swimming pool.
Any structure, basin, chamber, spa, or tank containing an artificial body of water for swimming, diving, physical fitness, or recreational bathing and having a depth of two (2) feet or more at any point. This phrase does not include lakes or creeks.
Tenant.
Any person who occupies a dwelling unit for living or dwelling purposes with the property owner’s or landlord’s consent.
Travel trailer.
A structure, having no foundation other than a permanent chassis with wheels, which is 12 body feet or less in width, and is less than 40 body feet in length, and is designed to be used as a dwelling with or without a permanent foundation. The term “travel trailer” includes folding hardtop campers transported behind a motor vehicle, truck-mounted campers attached to and transported behind a motor vehicle or pickup, recreational vehicles, campers, or similar types of temporary dwellings intended for short-term occupancy, travel, and/or recreation.
Unfit for human habitation.
Uninhabitable or dangerously deteriorated.
Unit.
Any HUD-code manufactured home, washateria, office, clubhouse and athletic facility.
Unit plot.
A piece of ground set aside and designated for occupancy by one (1) HUD-code manufactured home.
Unit plot line.
The imaginary line around any HUD-code manufactured home unit plot.
Washateria.
A self-service laundry room accessible to all residents, which contains two (2) or more pairs of washers and dryers.
(Ordinance 440-2007, sec. 2, adopted 10/18/07)
(a) 
Manufactured homes.
It is unlawful for any person to park a manufactured home within the city for longer than forty-eight (48) hours. Affirmative defenses to the section are:
(1) 
That the manufactured home is in a manufactured home community;
(2) 
That the manufactured home is a recreational vehicle parked in compliance with the city zoning ordinance and all other applicable laws;
(3) 
That the manufactured home is parked on property where manufactured homes are manufactured or sold and where no one occupies a manufactured home as a dwelling or sleeping place; and
(4) 
That the manufactured home is parked on the property as a temporary office or display unit and where no person occupies a manufactured home as dwelling or sleeping place.
(b) 
Occupancy of recreational vehicles and travel trailers.
It is unlawful to use a recreational vehicle or travel trailer as a dwelling unit, except as provided by this subsection. Recreational vehicles and travel trailers are only allowed as dwelling units in existing manufacturing home communities, on the specific lots where they are located as of the effective date of this article.
(Ordinance 440-2007, sec. 3, adopted 10/18/07)
(a) 
The owner, licensee, and manager of each manufactured home community shall keep a roster of all manufactured homes and recreational vehicles located within the manufactured home community. The roster shall contain the following information:
(1) 
The make, model and year of each manufactured home and recreational vehicle;
(2) 
The vehicle identification number and name of the owner of each manufactured home and the license number and name of the owner of each recreational vehicle and the state issuing the license; and
(3) 
Dates of each manufactured home moved into and/or out of the manufactured home community.
(b) 
The owner or manager shall make the roster available for inspection at all times by law enforcement officers, appropriate employees of the city, and fire department personnel.
(Ordinance 440-2007, sec. 9, adopted 10/18/07)
(a) 
It is unlawful for any person to alter or expand any existing manufactured home community unless he or she has a valid permit issued by the city in the name of such person for the specific alteration or expansion. All alterations or expansions of a manufactured home community shall comply with the city subdivision ordinance, the city zoning ordinance and the setback requirements of this article. The regulations in this article will prevail if any other ordinances are in conflict with this article. The fees to alter or expand any existing manufactured home community will be listed in the city fee schedule.
(b) 
It shall be unlawful for any mobile home owner, mobile home park owner, or other person to replace an existing mobile home or add a mobile home without first obtaining a permit from the city.
(c) 
All applications for a permit shall contain the following:
(1) 
Name, address and telephone number of the applicant;
(2) 
Name, address and telephone number of the owner of the property;
(3) 
The address and legal description of the manufactured home community;
(4) 
A plot plan providing:
(A) 
The date of preparation, name of preparer, scale, and north point;
(B) 
Name of the manufactured home community and its owner;
(C) 
Location of property line boundaries and dimensions of the tract;
(D) 
Location and width of all accessways, driveways and parking areas;
(E) 
Proposed placement location of all manufactured homes; and
(F) 
All required front, rear and side setback lines in compliance with this article.
(d) 
The applicable fee of forty dollars ($40.00) shall be charged at the time of permit application for moving a mobile home into a mobile home community.
(e) 
It is unlawful for any person to locate or relocate, alter, expand, or construct a new manufactured home community unless he or she has a valid permit issued by the city in the name of such person for the specific placement, alteration, expansion or construction. All manufactured home, recreational vehicle and accessory building placements, alterations, extensions, or construction shall comply with applicable codes and ordinances of the city.
(Ordinance 440-2007, sec. 10, adopted 10/18/07)
When, upon review of the application and receipt of the required fee, the city is satisfied that the proposed plan meets the requirements of this article and all applicable laws, the appropriate city official may issue a permit.
(Ordinance 440-2007, sec. 11, adopted 10/18/07)
It is unlawful for any person to position, move, or locate, or for a manufactured home community owner or manager to allow, permit, or suffer any person to move, position, or locate, any manufactured home, accessory building, or other structure within or into a manufactured home community so that a violation of this article or other applicable law is created or exacerbated.
(Ordinance 440-2007, sec. 12, adopted 10/18/07)
The owner or manager of each manufactured home community in the city shall provide in the manufactured home community:
(1) 
At least one (1) driveway entrance or private street entering from a public street into the manufactured home community that is at least twenty-four (24) feet wide with a minimum turning radius of thirty (30) feet.
(2) 
A properly marked fire access roadway that abuts each manufactured home plot and that is not less than twenty-four (24) feet wide at any point with a thirty-foot turning radius and vertical clearance of not less than fourteen (14) feet.
(3) 
Service roads, fire lanes, accessways, private streets, and roadways constructed and maintained so that they are weathertight and capable of supporting the imposed load of a 40,000-pound fire department apparatus with two-thirds (2/3) of the weight on the rear axle, capable of allowing free passage of fire department apparatus. The city engineer may require a manufactured home community owner to provide a laboratory testing analysis with a certifying letter that the entire surface as stated in the proceeding sentence is capable of meeting aforementioned conditions.
(4) 
Street name signs at each end of each block of each platted public and private street and unit numbers on each unit.
(5) 
Sidewalks, parking spaces, parking lots, and other pavement maintained in a safe and operable condition.
(6) 
Driveways and parking for at least two (2) vehicles for each manufactured home plot or lot may be constructed of an alternate design material with approval of the city.
(Ordinance 440-2007, sec. 13, adopted 10/18/07)
(a) 
It is unlawful for any person to own or manage a manufactured home community that contains any manufactured home built after 1976 that is not constructed and installed in compliance with the Manufactured Housing Standards Act, chapter 1201 et seq. of the Texas Occupations Code, and with all laws, rules and regulations promulgated by the state department of housing and community affairs pursuant to that act.
(b) 
It is unlawful for any person to own, keep, or occupy a manufactured home built after 1976 in the city limits that is not constructed and installed in compliance with the Texas Manufactured Housing Standards Act and with all laws, rules, and regulations promulgated by the state department of housing and community affairs pursuant to that act.
(Ordinance 440-2007, sec. 14, adopted 10/18/07)
It is unlawful for any person to own or manage a manufactured home community that does not meet the following standards:
(1) 
Drainage.
Each manufactured home community and each unit plot shall be properly graded and equipped to drain all surface water in a safe and efficient manner.
(2) 
Maintenance of accessory structures and community buildings.
All accessory structures and community buildings in the manufactured home community shall be maintained in a structurally sound and clean condition, and kept free of any condition that might be detrimental to the safety or health of any person.
(3) 
Collection and removal of waste.
Each manufactured home community shall be provided with safe, clean, and adequate facilities for the collection and removal of wastes and garbage.
(4) 
Electrical outlets.
Each manufactured home unit plot shall be supplied with a separate electrical outlet supplying at least one hundred ten (110) volts, permanently identified as belonging to the individual plot it serves.
(5) 
Setbacks and separations.
Setbacks and separations shall be maintained for all manufactured homes, accessory buildings and other structures as follows:
(A) 
Porches and accessory buildings must be a minimum of five (5) feet from the edge of an interior street and/or from any adjacent manufactured home.
(B) 
A carport may be attached to the manufactured home it serves but may not be closer than five (5) feet to any adjacent manufactured home.
(C) 
A freestanding accessory structure shall be no closer than five (5) feet to an adjacent manufactured home at any point. It is an affirmative defense to this subsection that the accessory structure is located within eight inches of the manufactured home it serves.
(D) 
Between any end of a manufactured home and [edge of] internal private roadway: five (5) feet; or seventeen (17) feet from the center of the road.
(E) 
Between any side of a manufactured home and edge of internal private roadways: five (5) feet; or seventeen (17) feet from the center of the road.
(F) 
Separations between manufactured homes:
(i) 
Front side to back side: Fifteen (15) feet.
(ii) 
Front side to end: Fifteen (15) feet.
(iii) 
End to end: Ten (10) feet.
(iv) 
End to back side: Ten (10) feet.
(v) 
Front side to front side: Fifteen (15) feet.
(vi) 
Back side to back side: Fifteen (15) feet.
(G) 
Setbacks from property lines of the mobile home park:
(i) 
Between any side of a manufactured home and the property line: Ten feet (10').
(ii) 
Between the end of the manufactured home and the property line: Five feet (5').
(6) 
Exposed ground.
All exposed ground shall be covered with pavement, stone screenings or other solid or semi-porous material, or vegetative growth that is capable of eliminating soil erosion and dust and that is free of holes and depressions that may injure a person or property.
(7) 
Maintenance of drainage devices.
All drainage ditches, culverts, and other drainage devices shall be maintained so that they are free flowing and free of trash, debris, and all other obstacles.
(8) 
Fire hydrants.
Any manufactured home community established after the effective date of this article shall have at least one (1) fire hydrant maintained in compliance with all applicable laws within five hundred (500) feet of each outside wall of each structure in the manufactured home community, measured along a route approved by the fire department. It is an affirmative defense to this section that an alternative design has been approved by the fire chief and/or that the manufactured home community existed before the effective date of this article.
(9) 
Trees, tree limbs and branches.
No trees, tree limbs, or branches may exist that are reasonably capable of damaging a structure or that are reasonably capable of causing injury to a person or which are within fourteen (14) feet of any accessway or fire lane measured vertically from the surface of the street or fire lane to the lowest point of the tree limb or branch.
(10) 
Excavations or other dangerous conditions.
No holes, excavations, sharp protrusions, or any other object or condition may exist on the property which may cause injury to a person.
(11) 
Uncovered wells, cesspools or cisterns.
No wells, cesspools, and cisterns that are not securely covered or securely closed.
(12) 
Storage of pool chemicals.
All pool chemicals must be stored in compliance with all applicable laws.
(13) 
Broken sewer lines.
All broken sewer line(s) must be repaired or replaced and all residue must be removed, and affected areas treated with a suitable disinfectant, within seventy-two (72) hours of notification or discovery that the sewer line is broken.
(14) 
Address numbers and other required signage.
All street address numbers, unit numbers, lot or plot numbers, and any additional signage as required by applicable laws must be provided and maintained on each manufactured home and structure, and on the property.
(15) 
Fences.
All fences on the property must be maintained in compliance with all applicable laws.
(16) 
Swimming pools and spas.
All swimming pools, spas, and pool fences and gates must be installed and maintained in compliance with all applicable laws.
(17) 
Electrical supply lines.
All supply lines for electrical service to each dwelling unit intended for human occupancy must be installed and maintained in safe, operative condition and in compliance with all applicable laws.
(18) 
Water and sewer systems.
All exterior water and sewer systems must be installed and maintained in compliance with all applicable laws.
(19) 
Fire lanes and paved areas.
All fire lanes and required paved areas must be installed and maintained with legible parking and fire lane markings in compliance with all applicable laws.
(20) 
Access control devices.
Any vehicular or pedestrian access control devices must be installed and maintained in compliance with all applicable laws.
(21) 
Fuel supply lines and fuel containers.
All fuel supply lines to each dwelling unit and all fuel containers for each dwelling unit that is heated by natural gas or propane or has a water-heating device or stove fueled by natural gas or propane must be installed and maintained in compliance with all applicable laws.
(22) 
Sidewalks, ramps, bridges, parking lots, stairs and steps.
All sidewalks, ramps, bridges, parking lots, stairs, and steps must be installed and maintained in safe and operative condition and in compliance with all applicable laws.
(23) 
Maintenance of yards.
Yards around and adjacent to manufactured homes or mobile home parks shall be maintained in accordance with applicable city ordinances and state or federal laws.
(24) 
Storage area.
A manufactured home community may provide a storage area for residents’ use for boats, recreational vehicles, campers, and additional vehicles, as well as park maintenance equipment and supplies, as long as it is screened from all adjacent properties or if visible from the public right-of-way by a six-foot minimum blind fence.
(25) 
Exemption from setback and separation requirements.
The standards set forth in subsection (5) of this section shall apply to any manufactured home moved into, onto, or within a manufactured home community after the effective date of this article. It shall be an affirmative defense to prosecution under the provisions of subsection (5) of this section that the manufactured home in question has not moved since the effective date of this article.
(Ordinance 440-2007, sec. 15, adopted 10/18/07)
Each owner or manager of a manufactured home community within the city which may be used for human habitation or residence shall comply with the provisions of this article and all other applicable laws for each manufactured home community over which he or she has control.
(Ordinance 440-2007, sec. 16, adopted 10/18/07)
(a) 
Maintenance of facilities and equipment.
The owner or manager of a manufactured home community shall provide adequate supervision to maintain the community and its facilities and equipment and to keep it in an operable and sanitary condition at all times.
(b) 
Supervision of placement of manufactured homes.
The owner or manager of a manufactured home community shall supervise the placement of each manufactured home on its lot or plot, insuring safe installation and set-up in compliance with all applicable laws.
(c) 
Supervision of installation of LPG containers.
The owner or manager of a manufactured home community within the city shall ensure safe installation of liquid petroleum gas (LPG) containers, including propane gas, in compliance with all applicable laws, and shall ensure that they are securely anchored to the ground directly beneath the container.
(Ordinance 440-2007, sec. 17, adopted 10/18/07)
(a) 
An owner or manager shall disclose to a tenant or to a city staff member acting in an official capacity:
(1) 
The name and street address of the holder of record title of the dwelling rented by another tenant or inquired about by the applicable city official; and
(2) 
If an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company.
(b) 
Disclosure to a tenant under subsection (a) must be made by:
(1) 
Giving the information in writing to the tenant on or before the seventh day after receipt of the tenant’s request for the information;
(2) 
Posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager; or
(3) 
Including the information in a copy of the tenant’s lease or in written rules provided to the tenant.
(c) 
Disclosure of information to a tenant may be made under subsection (b)(2) before the tenant requests the information.
(d) 
Disclosure of information must be made by giving the information in writing to the city staff member on or before the seventh day after the date the owner or manager receives the city’s request.
(e) 
A correction to the information may be made by any of the methods authorized for providing the information.
(f) 
For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk.
(Ordinance 440-2007, sec. 18, adopted 10/18/07)
(a) 
A dangerously damaged or deteriorated manufactured home whose condition, in the building official’s judgment, presents a substantial danger to its occupants or adjoining property or persons and which has some or all of, but not necessarily limited to, the following structural deficiencies:
(1) 
Parts or pieces that may fall and injure a person or property.
(2) 
Damage by fire, explosion, wind, vandalism, or elements of nature so that there may be a danger to life or safety or to the general health and welfare of a person.
(3) 
Absence of the availability of an essential utility for seventy-two (72) hours or more, in an occupied structure.
(4) 
Any leaking sewage and/or exposed wastewater lines.
(5) 
Inaccessibility of any part of the community to fire, police, EMS or other emergency vehicles.
(b) 
Individuals, owners, or tenants who allow their dwelling units to fall into a state of disrepair are in violation of this article and may be cited and fined. Owners or managers of a manufactured home community who allow the community to fall into disrepair may also be cited and fined.
(Ordinance 440-2007, sec. 21, adopted 10/18/07)
In the event that a HUD-code manufactured home occupies a lot in the city, whether located in a manufactured home community or not, the owner of the HUD-code manufactured home may remove the HUD-code manufactured home from its location and place another HUD-code manufactured home on the same property, provided that the replacement is a newer HUD-code manufactured home, and is at least as large in living space as the prior HUD-code manufactured home. Except in the case of a fire or natural disaster, the owner of the HUD-code manufactured home is limited to a single replacement of the HUD-code manufactured home on the same property.
(Ordinance 737-2018 adopted 12/20/18)