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 designated 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 a recreational vehicle as that term is defined by C.F.R. section 3282.8(g).
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 with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.
Other terms herein shall have the meanings defined in other ordinances of the city, except where the context clearly requires otherwise.
(Ordinance adopted 6/30/08, sec. 2)
No mobile home shall be permitted within the city limits. Any mobile home located in the city legally prior to the enactment of this division and used and occupied as a residential dwelling shall be allowed to remain, but shall not be replaced with another mobile home under any circumstance.
(Ordinance adopted 6/30/08, sec. 3)
(a) 
Minimum lot area; exception.
From and after the effective date of this division, it shall be unlawful for any person, firm or corporation to park, locate or permit the parking or location of any HUD-code manufactured home upon any lot, street or tract of land which has less than 4,500 square feet of space whenever such lot or tract of land is unoccupied by any other HUD-code manufactured home or any other dwelling within the city limits. The square feet lot or tract minimum size requirement and the setback requirements specified herein shall not apply to a HUD-code manufactured home which is parked or located on a lot or tract of land upon which the owner of such lot or tract resides and is providing a manufactured home parking space for the residence of a relative related by consanguinity or affinity without charge, provided such manufactured home meets all the other requirements of this division.
(b) 
Historical district.
From and after the effective date of this division, it shall be unlawful for any person, firm or corporation to park, locate or permit the parking or location of any HUD-code manufactured home upon any lot, street, or tract of land, regardless of square feet of space, whenever such lot or tract of land is located within the boundary of Hickory Street to the north, Kezee Street to the east, Cedar Street to the south and Logan Street to the west. Such area is marked in yellow on the map attached to an ordinance adopted June 30, 2008 and incorporated herein for all purposes.
(Ordinance adopted 6/30/08, sec. 4)
(a) 
Requirements.
A HUD-code manufactured home may be parked or located or permitted to be parked or located upon any lot or tract of land which has 4,500 square feet of land or more and outside the area where a HUD-code manufactured home is prohibited, whenever such lot or tract is unoccupied by any other HUD-code manufactured home or any other dwelling within the city limits, as long as such HUD-code manufactured home complies with the terms and provisions of this division and the provisions of state law. Any person, firm or corporation who desires to park or locate a HUD-code manufactured home as permitted in this division shall make application for a use and occupancy permit with the city council. The fee for the use and occupancy permit shall be as provided in the fee schedule in appendix A of this code. Before granting such permit, the city council shall insure that the following requirements are met:
(1) 
Setbacks.
No HUD-code manufactured home may be placed on any lot or tract within the city in such manner that any part of the manufactured home or any extension thereto is situated within 10 feet of any side lot or tract line whenever the lot or tract is bordered by a lot or tract of land on either side of such lot or tract of land so occupied, and is set back less than 25 feet from the front line. The front line is deemed to be the line of the tract or lot which adjoins a street or roadway upon which there is situated either street numbered houses or businesses or a combination of both. Whenever the lot or tract of land is situated at an intersection of two different streets or roadways, the manufactured home or any extension thereof shall not be parked nearer than 10 feet from the inside lot or tract line and not nearer than 10 feet from the side lot line adjacent to the street intersecting the street upon which are situated homes or businesses which have street addresses and not nearer than 25 feet to the front property line.
(2) 
Anchoring.
Prior to connecting any HUD-code manufactured home to the water, sewer and/or gas service of the city in accordance with the plumbing code of the city, said manufactured home shall be anchored in accordance with the manufacturer’s installation instructions and anchored, as well as supported and blocked, in accordance with those standards for manufactured housing found in the administrative rules of the state department of housing and community affairs, 10 Texas Administrative Code, chapter 80, adopted pursuant to the authority of V.T.C.A., Occupations Code, chapter 1201, and administered by the state department of housing and community affairs.
(3) 
Skirting.
In addition to the anchoring and blocking requirements specified above, any HUD-code manufactured home shall be properly skirted prior to being allowed to connect to the water, sewer and/or gas service of the city. Skirting shall be required around the complete perimeter of said mobile home in accordance with the following minimum specifications:
(A) 
The following material (or its equivalent as approved by the appropriate city officials) is approved to be used for skirting:
(i) 
Manufactured skirting with vent panels;
(ii) 
Corrugated steel sheets;
(iii) 
Galvanized steel sheets;
(iv) 
Aluminum sheets;
(v) 
Brick or concrete blocks.
(B) 
Screened vents are required to be used with all skirting to allow for air circulation under the mobile home.
(b) 
Authority of city to do work; lien for costs.
After the city council has caused the city to perform the work necessary to bring the property within compliance of this section or has caused the work to be done or improvements to be made, the mayor of the city or the city health officer shall cause a statement to be made of the cost and expense necessary and incident to the bringing of the real property into compliance with the provisions of this section and the city shall thereupon have a privileged lien upon the real property, second only to tax liens and liens for street improvements, to secure the expenditure so made and shall have and be entitled to recover 10% per annum interest on the amount so expended from the date of the payment. The statement shall be immediately filed with the county clerk.
(Ordinance adopted 6/30/08, sec. 5; Ordinance adopting Code)
The city council shall make a prompt investigation of any application for a use and occupancy permit as specified in this division, and shall grant the application for permit if the HUD-code manufactured home meets the requirements specified herein. Failure of the applicant for a permit to meet all the requirements of this division shall be grounds for refusal to allow the applicant to connect to the water, sewer, and/or gas service of the city, and shall further be grounds for denial of the permit. Any such application shall be deemed approved and granted unless the city council denies the application in writing within 45 days from receipt of the application, setting forth the reason for such denial.
(Ordinance adopted 6/30/08, sec. 6)
It shall be unlawful for any person, firm or corporation to park, keep or permit the parking of more than one HUD-code manufactured home upon any lot or tract of land within the city, regardless of the size of the lot or tract, unless said manufactured home is located within a duly licensed manufactured home park.
(Ordinance adopted 6/30/08, sec. 7)
(a) 
It shall be unlawful for any person, firm or corporation to park or permit the parking of a recreational vehicle and/or a travel trailer on any lot or tract of land within the city whenever such recreational vehicle or travel trailer is being used or occupied as a residence. This prohibition shall not apply to a recreational vehicle or travel trailer which is located in a duly licensed manufactured home park, as long as the recreational vehicle or travel trailer complies with the requirements of this division for a use and occupancy permit.
(b) 
The provisions of this section shall not apply to a recreational vehicle or travel trailer which is being occupied temporarily by a person or persons visiting in the city. Any such recreational vehicle or travel trailer shall not be permitted to connect into the water and sewer system of the city during the period of the temporary occupancy.
(Ordinance adopted 6/30/08, sec. 8)
This division does not make unlawful any mobile home or manufactured home already in place and complying with all laws when this division becomes effective. However, after the effective date of this division, if any nonconforming mobile home or manufactured home is removed from its location, the following shall apply:
(1) 
If it is a mobile home, it shall not be allowed to relocate within the city limits; and
(2) 
If it is a HUD-code manufactured home, all provisions of this division shall apply.
(Ordinance adopted 6/30/08, sec. 9)
(a) 
Required; application.
It shall be unlawful for any person, firm or corporation, or their agents, servants or employees, to operate or provide parking space for two or more HUD-code manufactured homes upon any lot or tract of land within the city limits unless such owner, operator, or their agents, servants or employees have first made application for and secured a valid license to operate a manufactured home park issued by the city only upon compliance with this division. Any person, firm or corporation desiring to operate a licensed manufactured home park shall file an application for a license, which shall contain the following:
(1) 
The name and address of the applicant;
(2) 
A description of the property upon which the manufactured home park is to be constructed. No manufactured home park may be located or licensed by the city in an area described as follows: Any lot, lots or tract of land within an area bordered by Hickory Street to the north, Townsend Street to the east, Mesquite Street to the south and Browning Street to the west. The area is marked in pink on the map attached to an ordinance adopted June 30, 2008 and incorporated herein for all purposes. All manufactured home parks shall be located outside the above-described area;
(3) 
Plans and specifications for the manufactured home park, which must conform to the requirements of previous ordinances, which describe the requirements for platting manufactured home park subdivisions, the plumbing code of the city, and any other applicable ordinance of the city;
(4) 
Agreement to reimburse the city for the cost of the city’s engineer to inspect the work in progress and evaluate the plans and specifications with respect to the proposed manufactured home park;
(5) 
Telephone numbers where the applicant may be contacted;
(6) 
An affirmative statement that the applicant fully understands that no permit shall be issued until all the construction work has been completed in accordance with the requirements of previous ordinances, the plumbing code and all other ordinances of the city applicable thereto, certified by the engineer of the city;
(7) 
The application shall be accompanied by a fee as provided in the fee schedule in appendix A of this code, plus the engineering fee, payable to the general fund of the city.
(b) 
Issuance; expiration and renewal.
Any license issued hereunder shall be valid for one year, and the owner or operator of such manufactured home park shall be required to apply annually for a renewal of the license from the city. The city council is hereby designated as the official with the power to administer the licensing program described herein and to grant and deny all license applications.
(Ordinance adopted 6/30/08, sec. 10; Ordinance adopting Code)
This division does not make unlawful any manufactured home park or any mobile home park which is already in place and conforming with all laws at the date this division becomes effective, provided such manufactured home park or mobile home park shall make annual application for license to the city as required herein. It is further provided that, in the situation where the manufactured home park or mobile home park in existence at the time of the passage of this division does not conform to the minimum spacing requirements of this division or the requirements of previous ordinances, should a vacancy occur in a manufactured home space, such space may not again be occupied unless and until such vacant space conforms to the minimum spacing requirements of this division and previous ordinances. It is the intent of this division to cause existing manufactured home parks or mobile home parks to be brought up to the minimum spacing standards of this division and previous ordinances, as an existing space becomes vacant.
(Ordinance adopted 6/30/08, sec. 11)
Officials of the city may enter the premises of any proposed or existing place where any manufactured home is located, in order to inspect for compliance with this division.
(Ordinance adopted 6/30/08, sec. 12)
All other ordinances of the city and all other laws shall apply according to their terms to the subject matter of this division, except as this division expressly and specifically contradicts said ordinances or laws. The fact that this division specifically invokes some other laws and ordinances shall not mean that still other laws and ordinances not specifically invoked do not apply.
(Ordinance adopted 6/30/08, sec. 14)
(a) 
Any person, firm or corporation who commits any of the following shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars ($500.00):
(1) 
Any violation of this division; or
(2) 
Providing false information to a city official concerning licensing or permitting under this division or compliance with this division.
(b) 
Each day or portion of a day during which any violation occurs or continues shall be a separate offense.
(Ordinance adopted 6/30/08, sec. 15)
This division shall control over any conflicting terms of any other ordinance, except as may be otherwise stated herein.
(Ordinance adopted 6/30/08, sec. 16)