A structure, constructed on or after June 15, 1976, meeting
the National Manufactured Home Construction and Safety Standards Act
as administered by 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 forty 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. The term does not include mobile homes or
recreational vehicles as defined in this section.
A HUD-code manufactured home.
A tract of land not less than five acres in size under single
ownership, which is designed and improved to contain two or more spaces
available for long-term lease or rent to the public for the placement
of manufactured homes, and which may include private streets, buildings,
and other facilities and services for common use by the residents,
in conformance with the applicable provisions of this code.
A division of land not less than five acres in size for the purpose of sale of two or more lots intended to be developed with residential units including manufactured homes, and having all necessary public utilities, streets, and other facilities as required by chapter 10 of this code.
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 forty 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. The term does not include recreational vehicles as defined
in this article.
A prefabricated home assembled on a permanent foundation
that is not a manufactured home, and that has been constructed and
inspected so that it complies with the building code as currently
adopted by the city.
Any river, pond, canal, railroad, levee, embankment, fence
or hedge or road or alley.
A mobile home or HUD-code manufactured home that is occupied
by the lawful owner of the mobile home and the lot or land upon which
it is placed.
A vehicular-type portable structure without a permanent foundation
that can be towed, hauled, or driven which is designed as a temporary
living accommodation for recreational, camping, and travel use, and
which includes but is not limited to travel trailers, truck campers,
camping trailers, and self-propelled motor homes.
A device for the concealment of the undercarriage of a HUD-code
manufactured home or mobile home from view, which shall be constructed
of either prefabricated metal or wood siding.
The placement or maintenance of a vacant HUD-code manufactured
home or mobile home within the city, whether in a manufactured home
park or not, without lawfully connecting or subscribing to city electric,
water, sewer or garbage services.
Metal bands or other sufficient material, attached to the
HUD-code manufactured home or mobile home and to the ground, for the
purpose of holding the structure down, which must be in compliance
with state and federal laws and regulations.
(2001 Code, sec. 3.701)
Any person, firm, or corporation violating this article or any portion thereof shall upon conviction be guilty of a misdemeanor and shall be fined as provided for in section 1.01.009 of this code. Each day that such violation continues shall be considered a separate offense and punished accordingly.
(2001 Code, sec. 3.710)
It shall be unlawful for any person to store a HUD-code manufactured
home or mobile home within the city limits. HUD-code manufactured
homes and mobile homes existing prior to the adoption of this article
are not exempt from this article.
(2001 Code, sec. 3.702)
It shall be unlawful for any person to occupy a recreational
vehicle outside a manufactured home park for more than 72 hours unless
said occupancy is in conjunction with a related city-sponsored event.
(2001 Code, sec. 3.703(a))
It shall be unlawful for any person to place, occupy, or connect
to city utilities a HUD-code manufactured home or a mobile home outside
a manufactured home park without conforming with the following provisions:
(1)
Application requirements.
An application must be submitted
to the city manager containing the following information:
(A)
The name and address of the applicant.
(B)
The location and legal description of the property on which the HUD-code
manufactured home or mobile home will be located.
(C)
An affidavit by the applicant regarding the type of dwelling (whether
HUD-code manufactured home or mobile home) applied for and averring
that the structure will be owner occupied.
(D)
The requisite information to insure that the installation and maintenance
of the HUD-code manufactured home or mobile home will be in accordance
with the rules and regulations required by this chapter.
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The application shall be accompanied by the application fee
provided for in appendix A of this code.
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(2)
Installation requirements.
The installation of HUD-code
manufactured homes or mobile homes on individual residential lots
not within a manufactured home park shall comply with the following
standards:
(A)
Prior to placement, the structure shall be inspected by the building
official or his designee to ensure the structure is habitable and
complies with title 24, Code of Federal Regulations, part 3280, Manufactured
Home Construction and Safety Standards.
(B)
The minimum horizontal dimension of the main structure after installation
on the site shall not be less than 24 feet.
(C)
Except where limited by the width of the lot and the lot dimensions,
the widest horizontal dimension of the structure must face the street.
(D)
The frame shall be supported by and tied to a permanent concrete
foundation and anchoring system meeting the current requirements of
the Texas Manufactured Housing Standards Act administered by the state
department of housing and community affairs, manufactured housing
division, or successor agency, and must otherwise comply with all
federal and state laws concerning manufactured housing.
(E)
Axle and hitch assemblies shall be removed at the time of placement
on the foundation.
(F)
The floor of the manufactured home shall be no more than 18 inches
above the average adjacent ground level at the foundation on all sides
visible from an abutting street or from a lot containing a site-built
single-family dwelling.
(G)
A stoop, porch, patio, or deck must be provided at each entrance
to the structure.
(H)
The space between the ground level and the floor level of the structure
shall be skirted with non-degradable materials compatible in color,
style, and texture with the exterior of the home if the concrete foundation
does not already enclose that space.
(I)
The roof of the main structure shall have a pitch equal to or greater
than 2:12, and shall overhang the exterior walls at least six inches.
(J)
Site-built attached additions, and detached structures in the front
or side yards, must be compatible in color, style, and materials with
the exterior of the manufactured structure. Detached structures that
are not compatible in color, style, and materials must be located
in the rear yard.
(K)
Electrical power service shall be obtained through a city-approved
meter installed on the exterior of the manufactured home, if the meter
base was preinstalled by the home manufacturer.
(L)
The owner shall cancel the personal property title on the manufactured
home so that it can be rendered as real property for the purpose of
ownership, taxes, insurance, and financing.
(M)
The land and structure shall be under the same ownership.
(N)
All of the lot area requirements and building setback requirements
for residential housing within the city shall be complied with.
(O)
All rules and regulations of the city regarding the water and sewer
service and the installation and maintenance thereof shall be complied
with.
(P)
The owner/occupier shall also subscribe to the city garbage collection
service.
(3)
Review of application; issuance of license.
The city manager or his designee shall review the application to insure that all city regulations are complied with, including, but not limited to, chapter 10, Subdivisions, of the city Code of Ordinances. The city manager or his designee shall also insure that all utilities are readily available. In the event that the application does not comply with the provisions of this code, the city manager or his designee shall cause a written notice to issue to the applicant indicating the deficiencies and requirements for curing same. The applicant shall have a period of thirty days in which to cure the deficiencies noted. Otherwise, a new application and application fee will be required. If the application does meet all city regulations, the license shall be issued to allow placement of the manufactured home.
(4)
Issuance of certificate of occupancy.
No person shall
occupy a manufactured home and no utility services shall be provided
to a manufactured home until the building official issues a certificate
of occupancy. No certificate of occupancy shall be issued until the
manufactured home complies with all placement requirements contained
in this section and with all other applicable requirements in the
city code.
(5)
Transfer of license.
A mobile home license may be transferred
by its owner along with a conveyance of the lot upon which it is situated
by the owner. A copy of the document transferring the license shall
be filed with the city manager.
(6)
Occupancy.
Although no application for the establishment
of a mobile home or manufactured home to be located outside of a mobile
home park shall be granted if the intent is to rent or lease the mobile
home or manufactured home, a moratorium shall exist for presently
existing mobile homes or manufactured homes for rental purposes, which
shall begin upon the passage of the ordinance amending this article
to so provide and shall end sixty (60) days from such date. Within
such 60-day period, the owner of a mobile home or manufactured home
which is presently located within the city which is intended to be
used for rental purposes shall be entitled to apply for a license
for such mobile home or manufactured home. After the expiration of
such 60-day period, no applications shall be considered for mobile
homes or manufactured homes that are intended to be rented or leased.
It shall also be unlawful for any mobile home or manufactured home
to be occupied by more than a single family, and all mobile homes
or manufactured homes located inside or outside of mobile home parks
shall be limited to single-family occupancy. Except for those mobile
homes or manufactured homes that are rented or leased and have obtained
licenses pursuant to the moratorium set forth herein, it shall also
be unlawful for any mobile home or manufactured home to be occupied
by anyone other than its owner or members of the owner’s immediate
family. In the event that any existing licensed mobile home or manufactured
home changes occupancy in a manner that makes the occupancy of same
a violation of the terms of this Code of Ordinances, such occupancy
shall constitute grounds for the cancellation of the license previously
issued and, after a written notice of ten days to cease the violation,
the city manager shall have the authority to cancel the license and
order the mobile home or manufactured home to be vacated.
(7)
Rental.
The importation of manufactured homes for placement
within the city for rental purposes is prohibited. Manufactured homes
which are already in existence within the city as of January 1, 2003,
which have obtained a certificate of occupancy pursuant to the provisions
of this code, may be rented by the owner thereof only in accordance
with the terms of this section. The owner of a manufactured home shall
be required to file an application for a license for rental of the
manufactured home. The license shall be renewable annually. In order
to obtain such license or renewal, the applicant must pay an application
and inspection fee, as provided for in the fee schedule in appendix
A of this code, and provide such information as the city manager may
require in the application, but at a minimum the application must
furnish such information as will enable the building official to inspect
the manufactured home to certify that all code requirements, including
the building code, the property code and any other provisions in this
Code of Ordinances for the maintenance of such manufactured home within
the city, have been met. The rental of manufactured homes shall be
limited to rentals to single families. It shall be unlawful to rent
mobile homes.
(2001 Code, sec. 3.703(n))
HUD-code manufactured homes and mobile homes that are presently being occupied in compliance with previous regulations of the city shall not be required to comply with the provisions of section 3.06.005, but if an existing structure is moved or substantially rebuilt or if its occupancy or ownership or the ownership of the land upon which it is situated is changed, the license procedure must be followed prior to its occupancy.
(2001 Code, sec. 3.704)
All structures licensed under this article shall be connected
to city electric, water and sewer and subscribe to city garbage services.
(2001 Code, sec. 3.708)
Bottled gas for cooking purposes shall not be used at individual
manufactured homes or recreational vehicle lots unless the containers
are properly connected by copper or suitable metallic tubing. Bottled
gas cylinders shall be securely fastened in place. No cylinder containing
bottled gas shall be located in a manufactured home or recreational
vehicle within five feet (5) of a door thereof. State and local regulations
applicable to the handling of bottled gas and fuel oil must be followed.
The maximum number of gallons of bottled gas per manufactured home
or recreational vehicle shall be no more than one five (5) gallon
and one fifteen (15) gallon container. The maximum amount of fuel
oil per manufactured home or recreational vehicle shall not be more
than fifty-five (55) gallons.
(2001 Code, sec. 3.709)
No city utilities shall be connected to property containing
a manufactured home or mobile home which has not received a license
pursuant to the provisions of this code. If any utility connections
have been made to property containing a manufactured home or mobile
home which has not received a license, then the owner of such property
shall have a period of sixty days from the date such owner receives
written notice from the city in which to fully comply with the Code
of Ordinances of the city and obtain an appropriate license for the
manufactured home or mobile home. If such owner has not complied with
the Code of Ordinances and obtained a license within such period of
time, then all utilities to the property shall be disconnected and
shall remain disconnected until a license has been acquired in conformance
with this code. The notice to be given hereunder shall be given in
writing by the building official or city manager and shall be personally
delivered to the property address or delivered by certified mail,
return receipt requested, addressed to the owner of the property at
the address of the owner as shown by the city records.
(2001 Code, sec. 3.711)
It shall be unlawful to import any additional mobile homes for
placement within the city. It shall be unlawful to remove any mobile
home from a manufactured home park for the purpose of placing it on
property within the city that is not within a manufactured home park.
(2001 Code, sec. 3.712)
It shall be unlawful for any person to construct, occupy, or
connect to city utilities a manufactured home park without conforming
with the following standards and provisions:
(1)
Application requirements; fee.
An application must be
submitted to the city manager containing the following information:
(A)
The name and address of the applicant.
(B)
The location and legal description of the property on which the park
is to be located.
(D)
The application must be accompanied by copies of plans and specifications
of all buildings and other improvements to be constructed, including
water, sewer, gas, electricity, telephone, garbage disposal and other
such facilities.
(E)
The requisite information to ensure that the establishment of the
park shall comply with all rules and regulations applicable to such
parks.
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The application must be accompanied by an application fee as
provided in appendix A of this code.
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(2)
Review of application.
The city manager shall review
the application to insure that all city regulations are complied with.
The city manager shall also insure that all utilities are readily
available.
(3)
Public hearing and issuance of license.
After review
of the application, if the application otherwise complies with the
rules and regulations for establishment of a manufactured home park,
then the city manager shall notify in writing the applicant and all
property owners owning property, according to the most recent city
tax rolls, within two hundred (200) feet of the land for which an
application has been submitted, of a public hearing to be held on
the application. A public hearing shall be held by the city council
not less than ten days nor more than thirty days after such notification,
at which time the city council shall determine whether the provisions
of this code have been complied with. In cases of unavoidable necessity,
the city council shall have the right to grant a variance to the applicant.
The city council may also refuse to issue a license to the applicant
if the city council reasonably determines that the effect on the surrounding
property and the appearance of the neighborhood will be adversely
affected because of the size, appearance, relative placement or expected
use of the structure. In the event of such refusal, the city council
shall authorize the city manager to state in writing to the applicant
the reasons for such refusal, in terms containing such specifics as
will allow the applicant to correct any deficiencies, where possible.
The city shall issue a license for the placement of the structure
only after a favorable vote by the city council. The city council
may also establish reasonable conditions of approval, such as:
(A)
Requirements for special yards, lot sizes, open spaces, buffers,
fences, walls, or screening;
(B)
Requirements for installation and maintenance of landscaping or erosion
control measures;
(C)
Requirements for street improvements and dedications;
(D)
Control of vehicular access, parking, and traffic circulation;
(E)
Limits on signage;
(F)
Limits on hours or other characteristics of operation;
(G)
Establishment of development schedules or time limits for completion
or for the duration of the permit; and
(H)
Any other conditions the council may deem necessary to ensure compatibility
with surrounding uses and to preserve the public health, safety, and
general welfare.
(4)
Transfer of license.
A mobile home license may be transferred
by its owner along with a conveyance of the park upon which it is
situated by the owner. A copy of the document transferring the license
shall be filed with the city manager.
(2001 Code, sec. 3.705)
(a)
General standards.
Manufactured home parks shall conform
to the following requirements:
(1)
The park shall be located on a well-drained site, properly graded
to insure rapid drainage and freedom from stagnant pools of water.
(2)
Manufactured home lots shall be at least four thousand (4,000) square
feet in area and shall not be less than thirty-five feet (35') wide
and shall be clearly defined. Manufactured homes or recreational vehicles
shall be so harbored on each lot that there shall be at least twenty-five
feet (25') clearance between manufactured homes or recreational vehicles.
No manufactured home or recreational vehicle shall be closer than
twenty-five feet (25') from any building within the park or twenty-five
feet (25') from any property line bounding the park.
(3)
All manufactured home lots shall either abut upon a city street or
shall abut upon a driveway of not less than twenty feet (20') in width
which shall have unobstructed access to a public street or highway.
All driveways shall be constructed with, at a minimum, a limestone
base to a depth of three inches (3") or equivalent.
(4)
Walkways not less than two feet (2') wide shall be provided from
the manufactured home lots to the service buildings. The walkway shall
be hard-surfaced, as that term is defined in the preceding subsection,
well-marked in the daytime and lighted at night.
(5)
For each manufactured home lot there shall be two off-street parking
spaces provided.
(6)
All dependent manufactured home parks and/or subdivisions shall provide
restroom and shower facilities in a central location.
(7)
The structure of each HUD-code manufactured home or mobile home in
a park shall be supported by and tied to a foundation and anchoring
system meeting the current requirements of the Texas Manufactured
Housing Standards Act as administered by the state department of housing
and community affairs, manufactured housing division, or successor
agency, and the installation and maintenance of the structure shall
otherwise be in accordance with federal and state laws and regulations.
(8)
A stoop, porch, patio or deck must be provided at each entrance to
the manufactured home.
(9)
The space between ground level and the manufactured home's floor
level shall be skirted with non-degradable materials compatible in
color, style and texture with the exterior of the home if the concrete
foundation does not already enclose that space.
(10)
All spaces for recreational vehicles shall be of hard surface construction
of an adequate width and length to provide adequate space for the
location of the recreational vehicle.
(b)
Location.
Manufactured home parks may be located only
in conformity with the regulations of the city, and in addition to
the requirements contained therein, each boundary of the park must
be at least two hundred (200) feet from any permanent residential
building located outside the park, unless separated therefrom by a
natural or artificial barrier, or unless a majority of the property
owners according to area within said two hundred (200) feet consent
in writing to the establishment of the park.
(c)
Maintenance.
Every person owning or operating a manufactured
home park shall maintain such park, and any facilities, fixtures,
and permanent equipment in connection therewith, in a clean and sanitary
condition and shall maintain said equipment in a state of good repair.
(d)
Additional construction.
It shall be unlawful for any
person operating a manufactured home park or occupying a manufactured
home or recreational vehicle to construct or permit to be constructed
in such park, or in connection with such manufactured home or recreational
vehicle, any additional structure, building or shelter in connection
with or attached to a manufactured home or recreational vehicle, except,
however, awnings of canvass or metal, suitably constructed, may be
attached to said manufactured home or recreational vehicle, as well
as portable, prefabricated, temporary rooms, for the express purpose
of increasing manufactured home or recreational vehicle living area,
commonly called "cabanas," which meet the following requirements:
(1)
Of metal only, fire-resistive, double-wall mechanical joint panels
(no welded points between panels permitted);
(2)
Strength of materials and structure to meet minimum standards of
the city building code;
(3)
Capable of being dismantled when moved;
(4)
Such rooms shall be completely dismantled and removed from the site
at the time the manufactured home or recreational vehicle to which
it is accessory is moved;
(5)
Finish and appearance to be as near the same as possible to the manufactured
home or recreational vehicle to which it is accessory;
(6)
The length must not exceed the length of the manufactured home or
recreational vehicle to which it is accessory; and
(7)
Only one (1) such room per manufactured home and recreational vehicle
shall be permitted.
(e)
Office building.
Each manufactured home park shall be
provided with a building to be known and clearly designated as the
office, in which shall be kept copies of all records pertaining to
the management and supervision of the park, as well as all rules and
regulations of the park, and such records, rules and regulations shall
be available for inspection by law enforcement officers, public health
officials, and other officials whose duties necessitate acquisition
of the information contained therein.
(2001 Code, sec. 3.706)
It shall be the duty of the owner and his or her agent, representative,
or manager to prescribe rules and regulations for the management of
the park, to make adequate provisions for the enforcement of such
rules, and to publish any such rules and regulations to the residents
of such park. Copies of all such rules and regulations shall be furnished
to the city council. In addition thereto, it shall be the duty of
the owner, his agent, representative or manager to comply strictly
with the following:
(1)
Provide
for regular inspection of the water and sanitary conveniences;
(2)
Provide
for the collection and removal or garbage and other waste material;
(3)
Prohibit
the placing or storage of unsightly material or vehicles of any kind;
(4)
Provide
or demand that all manufactured homes or recreational vehicles have
skirts and tie-downs within sixty (60) days of placement;
(5)
Tie-downs
shall comply with all applicable laws and regulations of the state
and the United States.
(2001 Code, sec. 3.707)
