This article shall be commonly cited as the “manufactured homes ordinance.”
(Ordinance 04092012-1 adopted 4/9/12)
This article provides standards for the use, placement, abandonment, and removal of mobile homes and manufactured homes, as defined below, within the city.
(Ordinance 04092012-1 adopted 4/9/12)
This article applies to all property within the incorporated municipal boundaries (i.e., “city limits”) and the extraterritorial jurisdiction (“ETJ”). This article applies to all manufactured homes or mobile homes installed and/or put into use after the effective date of this article.
(Ordinance 2020-03-2 adopted 3/9/20)
(a)
Rules of interpretation.
Words and phrases used in this article shall have the meanings set forth in this section. Terms that are not defined below, but are defined elsewhere in this code, shall be given the meanings set forth in this code. Words and phrases not defined in this code shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). The word “shall” is always mandatory, while the word “may” is merely directory. Headings and captions are for reference purposes only.
(b) City. City limits. HUD-code manufactured home. Lot or space. Manufactured housing community. Mobile home. Mobile home park also trailer park. Recreational vehicle. RV park (also mobile home park, trailer park, or RV park).
Specific definitions.
The City of Troy, an incorporated municipality located in Bell County, Texas.
The municipal boundaries of the City of Troy.
A structure, constructed on or after June 15, 1976, according to the rules of the U.S. Department of Housing and Urban Development, transportable in one (1) or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (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.
A plot of ground designed for the placement of one (1) manufactured home, mobile home, or recreational vehicle.
A lot or parcel of land containing spaces with improvements and utilities that are sold or leased for the long-term occupancy and placement of HUD-code manufactured homes, and that includes services and facilities for the residents. Also, formerly known in the city as a land lease community.
A structure that was constructed before June 15, 1976, transportable in one (1) or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (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.
A parcel of land not less than three (3) acres nor greater than thirty-five (35) acres which is designed, improved, or intended to be used for short- or long-term occupancy by mobile homes/trailers in designated spaces. The facility may include a residence for the owner or administrator of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.
Any motor home, mobile trailer, camper, recreational unit or any similar vehicle principally designated for temporary habitation, regardless of size.
A parcel of land which is designed, improved, or intended to be used for short-term occupancy by mobile homes, trailers, or recreational vehicles, including travel trailers, in designated spaces. The facility may include a residence for the owner or manager of the premises, limited utility hookups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.
(Ordinance 04092012-1 adopted 4/9/12; Ordinance 2020-03-2 adopted 3/9/20)
All HUD-code manufactured homes either constructed within or moved into the city limits or ETJ must comply with the National Manufactured Home Construction and Safety Standards Act, state law, and the standards set forth in this article.
(Ordinance 2020-03-2 adopted 3/9/20)
(a)
All structures permitted under this article shall be connected to city water and sewer services and must subscribe to city solid waste disposal services.
(b)
No city utilities shall be connected to property containing a manufactured home or mobile home which has not received a permit pursuant to the provisions of this article.
(Ordinance 2020-03-2 adopted 3/9/20)
(a)
HUD-code manufactured homes shall not be permitted to be located within the limits of the city on any space, lot, or tract of land other than in a platted and approved manufactured housing community (MH), nor shall any private or public utilities be connected or extended, except in any one or more of the following circumstances:
(1)
The HUD-code manufactured home or mobile home was legally in existence at such location as of the effective date of this article, in which case the home shall be considered to be grandfathered and shall be permitted to be used at such place and in such manner. If a grandfathered HUD-code manufactured home or mobile home is abandoned, removed, or replaced for any reason, a variance as prescribed in this article must be obtained before another HUD-code manufactured home may be used on the site.
(2)
An application for a variance is granted.
(b)
Nothing provided in this section pertaining to manufactured housing shall in any way abrogate the enforceability by private parties of deed restrictions pertaining to manufactured housing.
(Ordinance 2020-03-2 adopted 3/9/20)
(a)
Applicability.
All HUD-code manufactured homes and mobile homes (including those with grandfathered status) must comply with the standards in this section.
(b)
Tie-downs.
All HUD-code manufactured homes and mobile homes shall have adequate tie-downs as required by state insurance regulations.
(c)
Skirting.
All HUD-code manufactured homes and mobile homes shall have permanent masonry skirting around the base of the home. The skirting shall be maintained intact to prevent the accumulation of flammable materials beneath the home. The skirting must be affixed to the home, and it must be made out of one of the following:
(Ordinance 2020-03-2 adopted 3/9/20)
It shall be unlawful for any person to park any HUD-code manufactured home, mobile home or recreational vehicle on any public street, alley, highway or other public place within the limits of the city for any of the following purposes:
(1)
Human occupancy at any time;
(2)
Storage for more than twenty-four (24) hours; or
(3)
Any other purpose for more than forty-eight (48) hours.
(Ordinance 04092012-1 adopted 4/9/12; Ordinance 2020-03-2 adopted 3/9/20)
It shall hereafter be unlawful to reside on a permanent or long-term basis in a recreational vehicle, as herein defined, in a location in the city not designated as an RV park. A rebuttable presumption is created that a person is unlawfully residing in a recreational vehicle if:
(1)
The recreational vehicle has been in use on the same property for more than forty-five (45) consecutive days; or
(2)
The recreational vehicle has been connected to a utility, whether public or private, that includes either water, electricity, or access to a septic/wastewater system.
(Ordinance 2020-03-2 adopted 3/9/20)
Mobile homes are not permitted to be installed or replaced with another mobile home for use as a residence within the city. A mobile home may only be replaced with a HUD-code manufactured home and must be within if it is within a district that is zoned MH, or if a variance is granted.
(Ordinance 04092012-1 adopted 4/9/12)
It shall be unlawful for any person to park any vehicle that either has more than two axles or weighs over 5,000 pounds on any public street, alley, or other public right-of-way within a district that is zoned MH.
(Ordinance 04092012-1 adopted 4/9/12)
(a)
Application.
An application for a variance shall be submitted to the city secretary and shall require the granting of a variance as prescribed by this article. The application shall state:
(1)
The name and address of the applicant.
(2)
Size, model, year of manufacture, original cost, and photograph of the HUD-code manufactured home.
(3)
Legal description of the property upon which it is proposed to place the HUD-code manufactured home and name and address of the property owner. The HUD-code manufactured home must be located on a separately platted or replatted lot of at least four thousand (4,000) square feet, such plat or replat having been properly approved by the city secretary. The person who intends to occupy such HUD-code manufactured home must submit a copy of a duly recorded deed or lease in a form acceptable to the city secretary showing that the intended occupant owns or is leasing the lot upon which the HUD-code manufactured home is to be located. No other structure designed or to be used for human occupancy shall be located on such lot, and the lot shall meet all applicable codes and ordinances for the intended use.
(4)
Drawing showing size of lot, location of lot, and how the HUD-code manufactured home is to be placed on the lot in order to conform to this code.
(5)
Form signed by the applicant stating that he or she understands the requirements of the zoning ordinances for the area in which the HUD-code manufactured home will be placed.
(6)
Form signed by the applicant stating the HUD-code manufactured home will have tie-downs and will be skirted with fire-resistant skirting and shall be maintained intact to prevent accumulations of flammable materials beneath the manufactured home.
(b)
Hearing required.
(1)
A variance to the provisions of this article shall only be granted pursuant to a public hearing before the city council.
(2)
The property owner must submit adequate proof to the city secretary that the aforementioned and other ordinance requirements have been met before a hearing will be scheduled.
(3)
All property owners within five hundred (500) feet of any portion of the property on which the variance is sought shall be notified by regular mail of such hearing.
(4)
The public hearing and property owner notification calendar utilized by the city shall be based on the statutory provisions of the municipal zoning laws of the state.
(5)
All advertising and notification costs shall be borne by the applicant for the variance.
(c)
Granting.
If a mobile home is being replaced by a HUD-code manufactured home, the variance is required to be granted. After the public hearing, the city council shall deny, approve, or approve with conditions. In exercising its power to grant a variance in accordance with this article, the city council shall make findings and show in its minutes that:
(1)
There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area and the same zoning district and that justify the use of the property for HUD-code manufactured home purposes.
(2)
A variance is necessary to permit the applicant the same rights in the use of this property that are presently enjoyed, under this article, by other properties in the vicinity and zoning district, but which rights are denied to the property on which the application is made.
(3)
The granting of the variance on the specific property will not adversely affect the land use pattern as outlined by a comprehensive plan or any area plan and will not adversely affect any other feature of a comprehensive plan or any area plan of the city.
(4)
The variance, if granted, will be of no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity.
(5)
The variance does not violate the intent of this article or its amendments.
(Ordinance 04092012-1 adopted 4/9/12)
Any landowner who wishes to maintain a lot for the purpose of created a manufactured housing community (formerly called a land lease community) must apply for a permit from the city. The term of an initial permit or renewal permit is one year.
(Ordinance 04092012-1 adopted 4/9/12)
Applications for a manufactured housing community permit can be obtained from and shall be filed with the city secretary. The applicant will be charged a nonrefundable $100.00 fee in order to submit an application for a permit. Applications shall be in writing, and signed by the applicant, and shall be accompanied by the following:
(1)
The name and address of the applicant.
(2)
The location and legal description of the manufactured housing community.
(3)
The required fee.
(4)
A manufactured housing community plan as required by this article.
(5)
Plans and specifications of all buildings and other improvements to be constructed within the manufactured housing community in accordance with all existing applicable state laws and city ordinances.
(6)
Such further information as may be requested by the city to determine if the manufactured housing community will comply with the legal requirements.
(Ordinance 04092012-1 adopted 4/9/12)
The manufactured housing community shall be constructed in accordance with a community plan that conforms to the following requirements:
(1)
The community shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water, that is zoned for HUD-code manufactured homes.
(2)
Spaces for HUD-code manufactured homes shall be provided consisting of a minimum of one thousand (1,000) square feet for each space, which shall be at least twenty-five feet (25') wide and clearly defined. HUD-code manufactured homes shall be placed on each space so that there shall be at least twenty feet (20') clearance between homes; provided, however, that in respect to HUD-code manufactured homes parked end to end, clearance between homes may be less than twenty feet (20') but shall not be less than fifteen feet (15') from any building within the community or from any property line bounding the community.
(3)
The community plan must be submitted to the city prior to the installation of any HUD-code manufactured homes and shall comply with the city’s subdivision ordinance, where applicable. The community plan shall provide a legal description and map clearly setting out the following information:
(A)
Identification of areas to be used for all residents of the community;
(B)
Identification of driveways at entrances, exits, roadways, and walkways;
(C)
Location of sites for HUD-code manufactured homes;
(D)
Location and number of proposed sanitary conveniences, including proposed toilets, washrooms, laundries, laundry drying space and utility rooms;
(E)
Method and plan of sewage disposal;
(F)
Method and plan of garbage removal;
(G)
Plan of water supply;
(H)
Plan of electric lighting, and electric service to HUD-code manufactured home sites;
(I)
Plan of parking requirements; and
(J)
Such further information as may be requested by the city secretary.
(4)
Every manufactured housing community shall have city water connections furnishing an ample and adequate supply of water, shall have connection to electricity, and shall either be connected with the sanitary sewer or to a septic system in accordance with the community plan required above.
(Ordinance 04092012-1 adopted 4/9/12)
If the applicant and the application are in compliance with all provisions of this article and all other applicable ordinances or statutes, the city secretary shall issue the permit after the application has been approved by the city council. The permit can be made contingent upon completion of the community according to the plans and specifications submitted with the application.
(Ordinance 04092012-1 adopted 4/9/12)
The city may revoke a permit to construct a manufactured housing community, and may issue a stop-work order, for any violation of this article. After such revocation and order, the permit may be reissued if the city council determines that the circumstances leading to the revocation have been remedied and the community is being constructed in full compliance with the law and the provisions of this article.
(Ordinance 04092012-1 adopted 4/9/12)
(a)
Civil and criminal penalties.
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
(b)
Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding five hundred dollars ($500.00). Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(c)
Civil remedies.
Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including, but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article;
(2)
A civil penalty up to five hundred dollars ($500.00) a day to be deposited in the landscaping fund, when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and other available relief; and
(3)
Stop-work order.
In the event work is not being performed in accordance with this article, the city shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect.
(Ordinance 04092012-1 adopted 4/9/12)