(a)
Ordinances not affected by this article.
Nothing in
this article or the ordinance adopting this article shall repeal or
amend any ordinance pertaining to manufactured homes, mobile homes
or modular structures, to the extent that such ordinance is consistent
with state law and is not in conflict with this article. All such
ordinances are hereby recognized as continuing in full force and effect
to the same extent as if set out in the code.
(b)
Recreational vehicles.
A recreational vehicle may be
stored in an enclosed garage, other accessory building on any lot,
in an area which is screened from public view by a six-foot solid
hedge or fence, and provided that no living quarters shall be maintained
nor shall any business be conducted in connection therewith while
such recreational vehicle is so parked or stored.
(Ordinance 2004-022, ex. A, sec.
1, adopted 11/16/04)
For the purpose of this article, certain terms, words and phrases
shall have the meaning hereinafter ascribed thereto.
Any person authorized by the licensee of a trailer and motor
home park to operate or maintain such park under the provisions of
this article.
The legally designated inspection authority of the city,
or his authorized representative.
A certificate issued by the building official for the use
of a building, structure and/or land, when it is determined by him
that the building, structure and/or land complies with the provisions
of all applicable divisions of the city code.
The governing body of the city.
The legally designated head of the county health district
or his authorized representative.
The legally designated head of a city department or his authorized
representative when acting in an official capacity.
A private way which affords the principal means of access
to individual lots or auxiliary buildings.
Maintain documentation of all appeals and variances and report
any variances to FEMA.
The legally designated chief of the fire department of the
city, or his authorized representative.
Obtain and record the actual elevation (in relation to mean
sea level) of the lowest floor of all new or substantially improved
structures, and whether or not the structure contains a basement.
A written license issued by the city council or its authorized
representative, permitting a person to operate and maintain a trailer
and motor home park under the provisions of this article and regulations
issued hereunder.
Any person licensed to operate and maintain a trailer and
motor home park under the provisions of this article.
A manufactured home as defined in V.T.C.A., Occupations Code,
chapter 1201.
A unified development of home lots arranged on a tract of
land for permanent or semi-permanent location of homes which has been
subdivided and is under ownership of one or more persons meeting all
requirements of the city subdivision regulations.
A movable or portable dwelling constructed to be towed by
a motor vehicle on its own wheels and chassis over state roads and
highways under special permit. A mobile home is designed without a
permanent foundation for permanent or semi-permanent living quarters.
A mobile home, for the purposes of these regulations, shall also include
any HUD-code manufactured home.
A home that is built off site in modular components that
are then transported to a residential site and erected on a permanent
foundation as defined in V.T.C.A., Occupations Code, chapter 1201.
A written permit or certification issued by the building
official permitting the construction, alteration, or extension of
a trailer or motor home park, under the provisions of this article
and regulations issued hereunder.
Review all development permits to determine that the permit
requirements of this article have been satisfied.
Any natural individual, firm, trust, partnership, association
or corporation.
Graphic representation, drawn to scale, in a horizontal plane,
delineating the outlines of the land included in the plan and all
proposed use locations, accurately dimensioned; the dimensions also
including the relation of each use to that adjoining and to the boundary
of the property.
The legally authorized police representatives of the city.
A large motor vehicle equipped as living quarters.
The act of moving one trailer or motor home from an existing
stand and replacing it with another trailer or motor home.
A structure housing toilets, lavatory, and such other facilities
as may be required by this article.
The connection consisting of all pipes, fittings and appurtenances
from the drain outlet of a trailer or motor home to the inlet of the
corresponding service riser pipe of the sewage system serving the
park.
That portion of a sewer service which extends vertically
to the ground elevation and terminates at a space.
A plot of ground without a park designated for the accommodation
of one unit, together with such open space as required by this article.
This term also shall include the terms "lot," "stand" and "site."
A parcel of land authorized by the city council which is
owned by an individual, a firm, trust, partnership, public or private
association or corporation, and has been developed for rental or sale
of lots to persons with HUD-code manufactured homes and not prohibited
for such use by deed restrictions.
Is a vehicle which stands on wheels and is built to be towed
by a motor driven vehicle. A motor home (recreational vehicle) is
a self-propelled vehicle which stands on wheels. Both are built to
federal and state specifications to be licensed for operation on public
roads and highways, and are not considered mobile homes.
The unified development code of the city.
When base flood elevation data has not been provided, the
floodplain administrator, or designee shall obtain, review, and reasonably
utilize any base flood elevation data available from a federal, state,
or other source.
The connection consisting of all pipes, fittings, and appurtenances
from the water riser pipe to the water inlet pipe of the distribution
system within a trailer or motor home.
That portion of the private water service system serving
a park, which extends vertically to the ground elevation and terminates
at a designated point at a trailer or motor home space.
(Ordinance 2004-022, ex. A, sec.
2, adopted 11/16/04; Ordinance
adopting Code; Ordinance
2024-0702-04 adopted 7/2/2024)
(a)
No
permits shall be issued for the placement of manufactured, modular
or mobile homes until a complete certification of square footage has
been submitted to the building official.
(b)
A
plat map of the land that the manufactured, modular or [mobile] home
is to be placed upon must be furnished. The home must be located on
the land in compliance with all side yard, setback and use requirements
provided for in this and other city ordinances.
(c)
Permit
fees shall be determined in the same manner as for any other single-family
or duplex residence, apartment or commercial building, as applicable.
(Ordinance 2004-022, ex. A, sec.
3, adopted 11/16/04)
No manufactured or modular homes shall be permitted in residential
use districts and manufactured or modular type structures shall not
be permitted in nonresidential use districts. Manufactured or modular
structures shall be permitted in approved zoned areas only.
(Ordinance 2004-022, ex. A, sec.
4, adopted 11/16/04)
(a)
A
perimeter curtain wall is required, which shall be one of the following
types:
(1)
Four-inch wide cement beam from the footing up to the bottom of the
structure frame, with six-inch by six-inch by ten-inch gauge wire
mesh within the beam; shall have anchor bolts at least ten feet on
center (o.c.), to anchor the structure to the beam.
(2)
Brick, rock or cement footing from the ground to the bottom of the
structure frame, with anchor bolts ten feet o.c., to anchor the structure
to the beam.
(3)
Three-quarters-inch lath and plaster with support piers ten feet
o.c. around the perimeter of the structure; each pier to have anchor
bolts to anchor the pier to the structure frame.
(4)
Siding that corresponds with that of the structure, and support piers
ten feet o.c. around the perimeter of the structure, with anchor bolts.
(Ordinance 2004-022, ex. A, sec.
5, adopted 11/16/04)
Manufactured, modular and mobile home design and construction
shall conform to generally accepted standards of the mobile home industry
and the Texas Manufactured Housing Standards Code.
(1)
Placement and underpinning requirements.
(A)
Placement of mobile home on mobile home stand by jacks or supports
shall be such as to insure the retention of the mobile home in a fixed
position.
(B)
All mobile homes must be leveled and its foundation must be single-blocked
up to thirty inches (30") in height from the ground level and double-blocked
or [if] between thirty inches (30") to forty-eight inches (48"), and
forty-eight inches (48") is maximum, except for any gap, opening,
or space between the frame and ground level which exceeds forty-eight
inches (48") must have a foundation designed by a certified engineer.
The design must be signed and sealed by the engineer and be approved
by the building official.
(C)
A fire resistive skirting, or underpinning, shall be installed around
the bottom of the perimeter of any mobile home to the ground within
thirty (30) days from the placement of the mobile home and which shall
be finished with not less than two (2) coats of paint or be constructed
of such materials not requiring painting (galvanized metal not included).
(2)
Space requirements and maximum occupancy.
The minimum
square footage of heated area for any mobile home shall be 600 square
feet. The maximum number of occupants of a mobile home shall be limited
to the number determined on the basis of the square feet of floor
area of habitable space, exclusive of habitable space used for cooking
purposes, in accordance with the following:
(3)
Ceiling height requirements.
Habitable space shall have
a minimum ceiling height of seven feet (7') over fifty percent (50%)
of the floor area; and the floor area where the ceiling height is
less than five feet (5') shall not be considered in computing gross
floor area.
(4)
Bathrooms and toilets.
Bathrooms and toilets shall have
provisions for privacy and shall be provided with floors of moisture
resistant material.
(5)
Bathrooms and kitchens prohibited for sleeping purposes.
Bathrooms, toilet rooms, kitchens and kitchenettes shall not be used
for sleeping purposes.
(6)
Exits.
A mobile home shall have a safe and unobstructed
primary exit and an emergency exit located remote from the primary
exit.
(7)
Light and ventilation.
(A)
Habitable space.
A mobile home shall be provided with
natural light and ventilation adequate for the intended use of each
habitable space in accordance with the following:
(i)
Window area shall equal at least ten percent (10%) of the floor area
of each habitable space; and
(ii)
Operable area of windows and other openings used for natural
ventilation of each habitable space shall equal at least forty-five
percent (45%) of the required window area, or mechanical ventilation
shall be provided as set forth in this section.
(B)
Nonhabitable space.
A mobile home shall be provided
with light and ventilation adequate for the intended use of nonhabitable
space in accordance with the following:
(i)
Kitchenettes, bathrooms and toilet rooms shall be provided with light
of sufficient intensity and so distributed as to permit the maintenance
of sanitary conditions and the safe use of the space and the appliances,
equipment and fixtures; and
(ii)
Kitchenettes, bathrooms and toilet rooms shall be provided with
natural ventilation consisting of openable areas of not less than
one and one-half (1-1/2) square feet for bathrooms and toilet rooms,
and not less than three (3) square feet for kitchenettes; or mechanical
ventilation shall be provided as set forth in this section.
(8)
Plumbing standards.
The following standards shall apply
to the plumbing in a mobile home:
(B)
Hot and cold water supply shall be provided at kitchen sink, bathtub
or shower and lavatory. Cold water shall be supplied to water closets
and urinals.
(C)
Plumbing system shall be designed and arranged so as to facilitate
connecting to approved exterior water supply and sewerage disposal
systems, provide adequate water supply to all plumbing fixtures and
dispose of all liquid wastes therefrom.
(9)
Heating standards.
The following standards shall apply
to heating units in a mobile home.
(B)
Areas allowed for installation of space heating and water-heating
equipment shall provide adequate clearance so that the surface of
adjacent combustible materials will not exceed a safe temperature.
Curtains and draperies shall not be used in such areas.
(C)
Space and water heating units shall be of an approved type for installation
in a mobile home. Fuel burning water heaters and furnaces other than
those having a sealed combustion space, shall not be located in sleeping
rooms, bathrooms and toilet rooms.
(D)
Space heating units shall have sufficient capacity to maintain a
minimum inside temperature of 70°F, based on the average of the
recorded annual minimum outside temperatures for the locality and
shall be provided with a manual or automatic temperature control devices.
(E)
Water heater units shall have sufficient capacity to deliver at each
hot water outlet an ample supply of water at a minimum temperature
range of 130° to 140°F, and such units shall be provided with
safety devices arranged to relieve hazardous pressures and excessive
temperatures.
(F)
Electrical space and water heating equipment shall be an approved
type and shall have adequate circuit protection devices.
(G)
Gas and liquid fuel-burning equipment shall be specifically designed
for the type of fuel used. Flues and vents shall be suitable for the
type of fuel used and shall be installed so that the surface of adjacent
combustible material will not exceed a safe temperature.
(H)
Automatically operated heat-producing equipment using utility gas
shall have a valve that will automatically shut off the flow of gas
to the main burner when the pilot flame is extinguished.
(I)
Automatically operated heat-producing equipment using liquefied petroleum
gas shall have a valve that will automatically shut off the flow of
gas to the pilot light and main burner when the flame is extinguished.
(10)
Heating ventilation standards.
The following standards
shall apply to heating ventilation of mobile homes:
(A)
Fuel-burning space and water heating units shall be vented. Other
fuel-burning equipment shall be vented where the discharge of products
of combustion into the space where the equipment is installed would
be unsafe.
(B)
Liquid fuel-burning equipment shall be vented and shall be provided
with means to prevent spilling of fuel.
(C)
Fuel storage containers and gas cylinders shall be mounted outside
the mobile homes, or in a space that is vented to the outside and
is vapor-tight to the inside.
(D)
Warm air supply ducts and fittings shall be of noncombustible material.
(E)
Return air ducts shall be of noncombustible material where exposed
to temperatures which are unsafe for combustible materials.
(F)
Return air grills in doors and partitions shall be of a permanent
nonclosable type. Openings for return air shall not be located in
bathrooms, toilet rooms or kitchenettes.
(11)
Air conditioning.
Air conditioning for habitable space
provided in lieu of mechanical ventilation shall supply an amount
of air not less than that set forth in this section with at least
twenty-five percent (25%) of the required quantity taken from the
outside.
(12)
Electrical standards.
The following standards shall
apply to the electrical in mobile homes:
(A)
A mobile home shall contain an electrical wiring system and service
equipment.
(B)
Electrical wiring shall [have] adequate capacity for designed lighting
and appliance equipment. Individual circuits shall contain overload
protection devices.
(C)
At least one receptacle outlet shall be provided for each multiple
of twelve (12) linear feet of wall space or major fraction thereof
in each habitable space and kitchenette. Bathrooms and toilet rooms
shall have permanently installed lighting fixtures and switches located
so as not to be an electrical hazard.
(D)
Exterior equipment shall be weatherproofed to insure protection of
equipment from the elements. Service equipment shall have means of
quick disconnection from the source of supply.
(E)
Provision shall be made for grounding non-current-carrying metallic
parts of the electrical system.
(13)
Cooking and refrigeration standards.
The following standard
shall apply to cooking and refrigeration units in a mobile home:
(A)
A mobile home shall contain cooking equipment and refrigeration equipment.
(B)
Electrical cooking and refrigeration equipment shall be of an approved
type for installation in a mobile home and shall have adequate circuit
protection devices.
(C)
Gas burning cooking and refrigeration equipment shall be of an approved
type for mobile home installation and connections to rigid pipe shall
be made with approved flexible metal gas appliance connectors.
(D)
Fuel storage shall conform to the requirements of fuel storage for
heating.
(14)
Interior maintenance required.
Floors, walls, ceilings,
furnishing and fixtures shall be maintained in a clean and sanitary
condition. Exits shall be maintained free of obstructions.
(15)
Garbage and refuse containers required.
Suitable containers
shall be provided for the temporary storage of garbage and refuse
within the mobile home.
(16)
Screening requirements.
From May 1 to October 1, entrances
to the mobile home shall be provided with self-closing type devices
or screens, and windows and other openings used for ventilation shall
be appropriately screened.
(17)
Mobile homes to be pest free; extermination.
Mobile
homes shall be maintained free of insects, vermin and rodents. Extermination
shall be effected in conformance with generally accepted practices.
(18)
Storage of flammable materials.
Flammable cleaning liquids
and other flammable materials shall be stored in a safe, approved
manner.
(Ordinance 2004-022, ex. A, sec.
6, adopted 11/16/04)
(a)
Any
manufactured, modular or mobile home shall be subject to condemnation
procedures when found to have any of the following defects:
(1)
One which is so damaged, decayed, dilapidated, unsanitary, unsafe,
or vermin-infested that it creates a serious hazard to the health
or safety of the occupants or of the public.
(2)
One which lacks illumination, ventilation, or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public.
(b)
Maximum age; permit required; inspection.
No mobile home that was manufactured more than five years prior to proposed date of installation shall be installed, located or occupied within the city after the date of this article. Save and except for a new manufactured home delivered and installed by the dealer, no mobile home or manufactured home may be located, installed or occupied within the city without a permit being issued by the city. The fee for such permit and required inspection shall be as set forth in the fee schedule under article 9.04 fees and charges of this code, and no such mobile home or manufactured home shall be located, installed or occupied within the city that is not inspected and found to be in compliance with all the applicable codes and ordinances of the city.
(Ordinance 2004-022, ex. A, sec.
7, adopted 11/16/04; Ordinance
2017-7-25 adopted 7/25/17)
Whenever the building official has determined that a manufactured,
modular or mobile home displays defects as described in this article,
he shall give written notice to the owner of such and shall placard
the home as unfit for human habitation in accordance with the following:
(1)
Such
written notice shall include a description of the real estate sufficient
for identification.
(2)
The
placard shall be placed on the main entrance of the mobile home and
read:
“THIS MANUFACTURED, MODULAR OR MOBILE HOME IS UNFIT FOR
HUMAN HABITATION; THE USE OF THIS HOME FOR HUMAN HABITATION IS PROHIBITED
AND UNLAWFUL.”
(3)
Service
of notice shall be one of the following three (3) methods:
(A)
By delivery to the owner personally or by leaving the written notice
at the usual place of abode of the owner with a person of suitable
age and discretion;
(B)
By depositing the written notice in the United States Post Office
address to the owner at the last known address with postage prepaid
thereon; or
(C)
By posting and keeping posted for seventy-two (72) hours a copy of
the written notice in a conspicuous place on the premises.
(Ordinance 2004-022, ex. A, sec.
8, adopted 11/16/04)
The owner of the manufactured, modular or mobile home shall
have ten (10) days from the date of service of the notice to comply
with the provisions of this article.
(Ordinance 2004-022, ex. A, sec.
9, adopted 11/16/04)
(a)
Condemnation.
The city council shall hold a public hearing
on all condemnation proceedings resulting from noncompliance with
the provisions of this article.
(b)
Notice of public hearing.
Written notice of such public
hearing shall be sent to owners of real property lying within two
hundred feet (200') of the property on which the appeal is made not
less than ten (10) days from the date set for the hearing. Such notice
may be served by depositing the same properly addressed and postage
paid in the United States Post Office. Notice shall also be given
by publishing the same prior to the date set for the hearing which
notice shall state the time and place of such hearings.
(c)
Notice of condemnation.
Following the public hearing
determining the mobile home to be unfit for human habitation, the
city council shall immediately adopt a resolution condemning the mobile
home and requiring the occupants to vacate the premises.
(d)
Vacating manufactured, modular or mobile home.
One of
the following procedures is to be used when required to vacate the
manufactured, modular or mobile home:
(1)
Any occupant of a manufactured, modular or mobile home condemned
as unfit for human habitation under the provisions of this article
shall vacate said mobile home within thirty (30) days after adoption
of said resolution by city council.
(2)
The owner or occupant of a manufactured, modular or mobile home which
has been condemned under the provisions of this article may move said
mobile home outside the city limits. Such action shall be deemed in
compliance with this article.
(e)
Further occupancy restricted.
Once the occupant or occupants
of a mobile home which has been condemned and placarded as unfit for
human habitation vacate said premises, no person shall again use said
premises for human habitation until approval is secured from and such
placard is removed by the building official. The building official
shall remove such placard whenever the defect or defects upon which
the condemnation and placarding action were based have been eliminated.
Property owner is responsible for meeting city fee requirements.
(Ordinance 2004-022, ex. A, sec.
10, adopted 11/16/04)
(a)
Nothing
in this article shall affect manufactured, modular or mobile homes
lawfully located within the city as of the effective date of this
article.
(b)
Nothing
in this article shall be construed to prohibit the placement of mobile
homes within an approved mobile home park within the city.
(Ordinance 2004-022, ex. A, sec.
10, adopted 11/16/04)
A manufactured or modular home may not be installed or located
on any lot, tract or parcel of land within the city that is not within
an approved housing park, except as specifically authorized by city
ordinance. “Mobile home” means a “manufactured home”
as defined by state law. Provision is hereby made for the planning
and zoning commission to authorize and approve mobile home parks within
the city:
(1)
Use regulations.
(A)
Manufactured or modular home park.
Property and areas
of the city may not be used and occupied as a manufactured or modular
home park, or for the installation and location of mobile homes, manufactured
homes or modular components except as provided in this article. Property
and areas shall not be approved as a manufactured or modular home
park or for the installation and/or occupancy by manufactured or modular
homes without a specific use permit, unless such property and areas
are planned, used, approved, platted and occupied as a manufactured
or modular home park. Land and areas of the city authorized for use
as a manufactured or modular home park and having an approved subdivision
plat or site plan for a manufactured or modular home park may be used
for manufactured homes and modular components as provided in this
article.
(B)
Permitted uses.
(i)
One manufactured home or modular home on each approved space or lot.
(ii)
Accessory buildings located on a lot for use by the owner or
occupant of a structure that is located on such lot.
(iii)
Recreational, civic and/or commercial facilities designed for
exclusive use of the occupants of the manufactured or modular home
park.
(iv)
Accessory buildings for use by the owner or manager of the manufactured
or modular home park.
(C)
Purpose.
The requirements for manufactured or modular
home parks are established for the protection of the public health,
safety and welfare, and for the following purposes:
(i)
To provide adequate space and site diversification for residential
purposes that are planned to accommodate the design criteria of manufactured
homes.
(ii)
To protect against pollution, environmental hazards and other
objectionable influences.
(iii)
To make adequate provisions for vehicular and pedestrian circulation.
(iv)
To promote housing densities appropriate to and compatible with
existing and proposed public support facilities.
(v)
To promote the most desirable use of land and direction of building
development; to promote stability of development; to protect the character
of neighborhoods; to conserve the value of land and buildings; and
to protect the city’s tax base.
(D)
Standards.
The installation, occupancy and maintenance
of manufactured homes and modular homes in manufactured home parks
shall be subject to the following provision:
(i)
No outside horizontal dimension shall be less than 12 feet, except
for original extensions or subsequent additions containing less than
50 percent of the total enclosed floor area.
(ii)
The exterior siding material, excluding skirting, shall be nonmetallic.
(iii)
The structures shall be of adequate quality and safe design,
as certified by a label stating that the unit is constructed in conformance
with the federal Mobile Home Construction and Safety Standards in
effect on the date of manufacture; or other such applicable standards.
Any such structure without such certification, but meeting all other
requirements, may be accepted as a safe and quality construction provided
it meets the following criteria:
a.
All electrical material, devices, appliances and equipment are
in sound and safe condition. Aluminum conductors are not acceptable.
b.
All mechanical systems including space and water heating are
in sound and safe condition.
c.
All plumbing, gas piping and wastewater systems are in sound
and safe condition.
d.
The unit is in sound and safe structural condition. Uncompressed
finish floorings greater than 1/8 inch in thickness beneath load-bearing
walls that are fastened to the floor structure are not acceptable.
Any such structure that shows signs of fire damage, are not acceptable.
e.
The determination of the foregoing acceptance of any noncertified
unit shall be made jointly by the building official or the fire marshal.
(E)
Installation.
Manufactured homes shall be installed
in accordance with the following criteria:
(i)
The frame shall be supported by, and tied to, a foundation system
capable of safely supporting the loads imposed as determined from
the character of the soil. The minimum acceptable foundation design
shall be a series of eight-inch (8") grout-filled concrete block piers
spaced no more than eight feet (8') on center and bearing on 12" x
12" solid concrete footings, or equivalent. A tie-down and anchoring
system separate and apart from the foundation ties shall be provided
as recommended by the manufacturer, if different from the foundation
ties.
(ii)
Axle and hitch assemblies shall be removed at the time of placement
on the foundation.
(iii)
Each mobile home shall be totally skirted with metal, masonry,
pressure-treated wood or other nondegradable material which is compatible
with the design and exterior materials of the primary structure.
(iv)
Electrical power supply shall be made from a meter installation
on the mobile home, or from a permanent meter pedestal.
(v)
A driveway or off-street parking shall be provided for each lot.
(vi)
Garage and carport additions are permitted, provided they cover
a paved parking area and are connected to a street by a paved drive,
meet the minimum building setback requirement, and have roof and siding
material compatible with the primary structure.
(vii)
Patio and port covers are permitted, provided they cover an
improved patio, deck or porch, and meet the minimum building setback
requirements.
(viii)
Living area additions are permitted, provided they meet the
minimum building setback requirements, have roof and siding material
that is compatible with the primary structure, and comply with the
same structural standards as the primary structure. A building permit
shall be required.
(F)
Required conditions.
(i)
A development designed as a manufactured, modular or mobile home
park shall meet all requirements of the ordinances of the city. The
park so designed shall be for the explicit purpose of renting or leasing
of mobile home and shall not be construed to permit the sale of any
such spaces as lots. A subdivision plat showing each lot and the dimensions,
the streets, easements and common areas must be submitted to and approved
by the city council, and filed of record in the real property records
of the county. The minimum street right-of-way and construction standards
shall be as established by the city; provided that if not established
by the city such right-of-way and construction standards shall be
as required in the county subdivision regulations.
(ii)
A development designed as a mobile home subdivision shall meet
all requirements of city ordinances, and if presented and approved
as a mobile home subdivision for sale of the lots to individual owners,
shall establish a property owners association and fees for the maintenance
of the common areas and amenities within the subdivision.
(iii)
At no time may an existing mobile home park be converted to
a mobile home subdivision without first meeting all requirements of
the city ordinances and receiving approval by the city council. For
the purpose of this article, a “mobile home park” is restricted
and the lots or spaces therein may only be rented or leased out for
occupancy. A mobile home subdivision is a development designed for
mobile homes and the sale and private individual ownership of each
separate lot.
(2)
Area regulations.
(A)
Size of yards.
(i)
Front yard.
There shall be a front yard having a depth
of not less than twenty-five (25) feet.
(ii)
Side yard.
There shall be a side yard of not less
than seven (7) feet in width on each side of the lot. A side yard
adjacent to the side of the street shall not be less than fifteen
(15) feet. No side yard for nonresidential uses shall be less than
twenty-five (25) feet.
(iii)
Rear yard.
There shall be a rear yard having a
depth of not less than twenty-five (25) feet measured from the rear
lot line.
(B)
Size of lot; lot area.
Area, width and depth are determined
by the county health district until such time as the city has a wastewater
collection facility. All lots shall have a minimum area of not less
than twenty thousand (20,000) square feet, and shall be of a square
footage necessary to comply with all applicable state and local rules
and regulations for septic tanks.
(3)
Parking regulations.
Not less than three off-street
parking spaces for each lot or home pad site.
(4)
Other regulations.
(B)
Notice requirements and hearing.
Manufactured home parks
shall not be permitted within any area of the city except upon authorization
and permit by the city council given after notice and public hearing
held in compliance with this subsection. The notification and public
hearing process for the approval of a manufactured home park under
this section shall be as follows: (i) a public hearing shall be held
by the city council prior to the issuance of any such authorization
or permit; (ii) a written notice of the application shall be sent
by U.S. mail to the last-known owner and/or occupant of each property
within two hundred feet (200') of the tract or parcel of land for
which the specific use permit is requested; (iii) such written notice
shall be mailed at least fifteen (15) days or to the date of a public
hearing to be held with respect to the application; and (iv) not more
than thirty (30) nor less than ten (10) days prior to the date of
the public hearing a notice shall be published in the official newspaper
giving notice of the application and the public hearing to be held
with respect to such application.
(Ordinance 2004-022, ex. A, sec.
11, adopted 11/16/04)
Any person in violation of the provisions of this article shall
be given written notice thereof. Such notice shall request that corrective
action be immediately taken to remedy the alleged violation. Any person,
who fails to correct violations after ten days of receipt of written
notice thereof, shall be fined for each violation.
(Ordinance 2004-022, ex. A, sec.
12, adopted 11/16/04)
If any provision of this article or the application of any provision
to any person or circumstance is held invalid, the invalidity shall
not affect other provisions or applications hereof which can be given
effect without the invalid provision or application, and to this end
the provisions of this article are declared to be severable. Further,
no provision or term of this article shall be interpreted as adding
any additional requirement to any federal or state standard for the
quality, construction and/or requirements for any manufactured home,
but shall, with respect to manufactured homes, be applied to those
homes that do not at any time meet any such applicable standards,
or that because of damage, deterioration or a failure to clean and
maintain do not comply with such laws and this article.
(Ordinance 2004-022, ex. A, sec.
13, adopted 11/16/04)
