The city council finds that properly planned and operated recreational
vehicle communities, i.e., recreational vehicle parks (RV parks):
(i) promote the safety and health of the residents of such communities
and of other nearby communities; and (ii) encourage economical and
orderly development of such communities and of other nearby communities.
It is, therefore, declared to be the policy of the city to eliminate
and prevent health and safety hazards and to promote the economical
and orderly development and utilization of land by providing for planned
and supervised recreational vehicle communities by providing for the
standards and regulations necessary to accomplish these purposes.
This article is enacted in order to achieve orderly development of
recreational vehicle parks (RV parks), to promote and develop the
use of land to minimize possible impacts, and to promote the health,
safety and general welfare of the public.
(Ordinance O-09022019-1, sec. 2,
adopted 9/3/19)
This article shall apply to any recreational vehicle park(s)
and to any recreational vehicle located on a lot, tract or parcel
within the city limits.
(Ordinance O-09022019-1, sec. 2.1,
adopted 9/3/19)
Accessory structure.
Any structural improvement and/or accessory building to a
recreational vehicle or site, including awnings, cabanas, carports,
garages, porches, storage cabinets, storage sheds, and similar appurtenant
structures.
Biodegradable.
Capable of being decomposed by biological agents, especially
bacteria.
Building official.
The official of the city responsible for the inspection of
building, electrical, mechanical and plumbing associated with a property.
Dry hydrant.
An unpressurized, permanently installed pipe that has one
end below the water level of a lake, pond or container.
Licensee or agent.
A person who may or may not own the RV park but is the person
responsible for the day-to-day management and operations including
the records and license of the park.
Majority ownership.
A firm or entity, person or developer who controls at least
fifty-one percent (51%) of ownership.
Opaque fence.
A fence made of solid materials designed to shield the RV
park from public view.
Public phone.
A phone provided for use by registrants of the RV park for
emergency purposes.
Recreational vehicle.
A vehicular, portable structure designed to be transported
over the highways, and containing living or sleeping accommodations,
such structure being designed and actually used as a temporary dwelling
during travel for recreation and pleasure purposes, and not exceeding
twelve feet in width, less side pull-outs.
Recreational vehicle park or RV park.
Any lot, tract, or parcel of land upon which accommodation
is provided for two or more recreational vehicles used as living or
sleeping quarters by the day, week, or month, whether a charge is
or is not made. A recreational vehicle park is a unified development
of recreational vehicle spaces provided for recreational vehicle use
with community facilities and permitted permanent buildings.
Recreational vehicle site or RV site.
That part of a lot or area in a recreational vehicle park
or RV park that has been reserved for the placement of one (1) recreational
vehicle or RV.
Sample well site.
The connection at the property line where the customer’s
line and city line connect, shall be installed a vertical riser of
four (4) inches in circumference, shall extend four (4) to six (6)
inches above grade, for the detection of non-biodegradable materials.
(Ordinance O-09022019-1, sec. 3,
adopted 9/3/19)
(a) Required.
It shall be unlawful for any person to operate
any RV park within the city limits unless he/she holds a valid license
issued annually by the city in the name of such person for the specific
RV park. The applicant shall make all applications for the licenses
on forms furnished by the city, which shall issue a license upon compliance
with the provisions of this article. It shall further be unlawful
for any person to place or have placed an individual RV on any lot,
parcel or tract of land within the city.
(b) Hearing on denial.
Any person whose application for
a license under this article has been denied may request, and shall
be granted, a hearing on this matter before the city council for approval
or disapproval, taking into consideration the recommendations of code
enforcement.
(c) Application for renewal.
All RV park licenses expire
December 31st of every year. Application for renewal of a license
shall be made in writing by the licensee on forms furnished by the
city on or before December 15th of each year. Such application shall
contain any changes in the information occurring after the original
license was issued or the latest renewal granted.
(d) Fee.
All applications shall be accompanied by a fee
as provided for in the fee schedule found in appendix A of this code.
(e) Approval of transfer.
Every person holding a license
shall give notice in writing to the city within ten (10) days after
having sold, transferred, given away, of otherwise disposed of interest
in or control of any RV park. Application for transfer of a license
shall be made within ten (10) calendar days after the notification
of change covered in this subsection. Within thirty (30) calendar
days thereafter, the city shall act on the application for license
transfer and it shall be approved if the RV park is in compliance
with the provisions of this section.
(f) Suspension.
(1) Whenever, upon inspection of any RV park, the city finds that conditions
or practices exist which are in violation of any provisions of this
article applicable to such park, the city shall provide notice in
writing to the owner and/or manager of the park, and if such conditions
or practices have not been corrected in the time frame set forth in
the notice, the city will suspend the license and give notice of such
suspension. Upon suspension of the license, the licensee shall cease
operation of such park.
(2) The suspension of the license may be appealed to the city council as set forth in subsection
(b) of section
4.08.006.
(Ordinance O-09022019-1, sec. 4,
adopted 9/3/19)
(a) Authorized.
The city building official or designee shall
make at least two annual inspections, at six (6) month intervals,
per RV park, and additional inspections as are necessary, without
prior notice, to determine compliance with this article.
(b) Entry on premises.
The city building official and/or
code enforcement officer shall have the power to enter, during normal
operating hours, upon any private or public property with the purpose
of inspecting and investigating conditions relating to the enforcement
of this article.
(Ordinance O-09022019-1, sec. 3.1,
adopted 9/3/19)
(a) Notice of violation.
(1) Whenever it is determined there are grounds to believe there has
been a violation of any provision of this article or any city ordinance,
the city shall give notice of such alleged violation to the licensee
or agent, as hereinafter provided. Such notice shall:
(B) Include a statement of the reasons for its issuance.
(C) Allow ten (10) business days for compliance. The code enforcement
officer is authorized to grant extensions for work that may require
more than 10 business days. The extension shall be in writing and
justifiable cause demonstrated.
(D) Be served upon the licensee or his agent; provided that such notice
or order shall be deemed to have been properly served upon such licensee
or agent when a copy thereof has been served in person or sent by
certified mail to his/her last known address.
Citations may be issued after all procedures outlined above
have been exhausted.
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(2) If a municipality mails a notice to a property owner in accordance with subsection
(a) of this section and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered.
(b) Appeals.
(1) Appeals to the city council can be taken by any person aggrieved
affected by any decision of the administrative official. Such appeal
shall be taken within 15 days after the decision has been rendered
by the administrative official filing with the officer from whom the
appeal is taken and with the council a notice of appeal specifying
the grounds thereof. The officer from whom the appeal is taken shall
forthwith transmit to the council all the papers constituting the
record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action
appealed from unless the officer from whom the appeal is taken certifies
to the council, after the notice or appeal shall have been filed with
the officer, that, by reasons of facts stated in the certificate,
a stay would, in his opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed otherwise than by a
restraining order, which may be granted by the judge or a court of
record on application or notice to the officer from whom the appeal
is taken and on whom due cause shown [sic].
(3) No appeal for the same or related variance on the same piece of property
shall be allowed prior to the expiration of six months from a previous
ruling of the council on any appeal to such body unless other property
in the immediate vicinity has, within the said six-month period, been
changed or acted on by the city council so as to alter the facts and
conditions on which the previous council action was based. Such change
of circumstances shall permit the re-hearing of an appeal prior to
the expiration of six-month period, but such conditions shall in no
wise have any force in law to compel the council, after a hearing,
to grant a subsequent appeal. Such subsequent appeal shall be considered
entirely on its merits and the peculiar and specific conditions related
to the property on which the appeal is brought.
(4) At a public hearing relative to any appeal, any interested party
may appear in person, or by agent, or by attorney. The burden of proof
shall be on the applicant to establish the necessary facts to warrant
favorable action of the council on any appeal. Any special exception
or variance granted or authorized by the council, under the provisions
of this article, shall authorize the issuance of a building permit
or a certificate of occupancy, as the case may be, for a period of
90 days from the date of the favorable action of the council, unless
said council shall have, in its action, approved a longer period of
time and has so shown such specific longer period in the minutes of
its action. If the building permit and/or certificate of occupancy
shall not have been applied for within said 90-day period, or such
extended period as the council may have specifically granted, then
the special exception or variance shall be deemed to have been waived
and all right hereunder terminated. Such termination and waiver shall
be without prejudice to a subsequent appeal, and such subsequent appeal
shall be subject to the same regulations and requirement for hearing
as herein specified for the original appeal.
(Ordinance O-09022019-1, sec. 3.2,
adopted 9/3/19)
Any noncompliance with this article is hereby deemed a nuisance. The city may abate and remove the nuisance and hold the RV park owner responsible for causing or allowing the nuisance condition to exist. Any person(s) violating this article shall be subject to a fine in accordance with the general penalty provided in section
1.01.009 of this code for each provision violated, and each day that there is a failure to comply with the terms of any provision of this article is declared to be a separate offense. For violations of the provisions of this article that govern fire safety, zoning, public health and sanitation, and dumping of refuse, the fine may not exceed the amount in accordance with the general penalty provided in section
1.01.009 of this code per day, per violation. The code official shall be the authority of the jurisdiction responsible for the issuance of citations and any action deemed necessary for the enforcement of this article.
(Ordinance O-09022019-1, sec. 3.3,
adopted 9/3/19; Ordinance adopting
2023 Code)
A comprehensive site development plan, including all proposed
on-site utilities, ROW and drainage, RV site(s) layout, building improvements,
landscaping, driveway locations and specifications, interior access
road location and materials, fencing, lighting and signage, must be
prepared and submitted to the city and must address and include all
requirements contained herein.
(Ordinance O-09022019-1, sec. 4.0,
adopted 9/3/19)
(a) Each
RV park must have a minimum size of one (1) acre, with a maximum of
ten (10) acres.
(b) The
maximum site density for RV parks shall be twenty (20) sites per acre.
Only one (1) recreational vehicle is permitted per recreational vehicle
site.
(Ordinance O-09022019-1, sec. 4.1,
adopted 9/3/19)
(a) RV parks shall be located in an area regulated by section
4.08.009 of this article.
(b) An
opaque fence at least six (6) feet in height must be placed on the
rear and side property lines in order to screen the RV park from direct
viewing from adjacent properties. Along the front property line and
any property line abutting a street, a combination of fencing and
landscaping may be allowed to provide an adequate buffer/screening
to traffic and adjacent properties. Final approval of the fencing
plan will be issued by the city building official and/or code enforcement
during the review of the proposed site development plan. RV park site
plans will be provided to the city council upon commencement of a
project and appropriate notices will be mailed out to neighboring
property owners.
(Ordinance O-09022019-1, sec. 4.2,
adopted 9/3/19)
(a) Each
recreational vehicle site within the RV park shall have a minimum
area of one thousand seven hundred fifty (1,750) square feet and shall
be at least twenty-five (25) feet in width. Each RV site shall have
a permanent site marker or sign clearly identifying the site number.
Each site marker or sign shall be easily visible from the adjacent
RV park roadway during both daytime and nighttime.
(b) Each RV park site shall include a RV parking pad consisting of concrete, gravel, asphalt, crushed rock or similar material of a minimum size of ten (10) feet wide and twenty-four (24) feet in depth. Each recreational vehicle shall be parked on the provided parking pad of each RV site. The remaining ground area of the RV site must comply with section
4.08.014 of this article.
(c) RV
site parking pads shall be situated on the RV park sites such that
all recreational vehicles shall be separated by a minimum of ten (10)
feet.
(Ordinance O-09022019-1, sec. 4.3,
adopted 9/3/19)
Each recreational vehicle site within the RV park shall have
access to an internal private roadway, which shall have access to
a public street. The entrance of the internal roadway shall have a
pavement width of at least thirty (30) feet with an adequate curve
radius. The major thoroughfare shall have a pavement width (concrete,
asphalt or crushed limestone) of twenty-four (24) feet in accordance
with city standards. The roadway may be fifteen (15) feet if the RV
park is designed for one-way roads. Each emergency access lane shall
have a clear unobstructed width of twenty-four (24) feet, fifteen
(15) feet if one-way, and shall have a turning area and radii with
a minimum of sixty (60) feet to permit free movement of emergency
vehicles. Dead-end streets are not allowed. The internal streets off
the major thoroughfare may be constructed with concrete, gravel, asphalt
or crushed limestone material or similar material with the objective
to control and reduce dust. Final approval of the street access plan
will be issued by the city building official or designee during the
review of the proposed site development plan. All RV parks must have
a minimum of two access points to the public street system.
(Ordinance O-09022019-1, sec. 4.4,
adopted 9/3/19)
Each RV park must have an office for the manager of the RV park
and a community or commons building which shall include laundry facilities
and one (1) bathroom and one (1) shower facility for each sex, per
forty (40) recreational vehicle sites or portion thereof. All building
improvements and facilities must meet all applicable federal, state
and local codes and shall be well lit inside and out during the night
hours.
(Ordinance O-09022019-1, sec. 4.5,
adopted 9/3/19)
Exposed ground surfaces in all parts of the RV parks shall be
paved, covered with stone, rock, or other similar solid material,
or protected with vegetative cover that is capable of preventing soil
erosion and eliminating dust.
(Ordinance O-09022019-1, sec. 4.6,
adopted 9/3/19)
(a) Each
recreational vehicle site within the RV park shall have a minimum
of one (1) off-street parking space provided.
(b) Each
RV park shall provide one (1) common guest parking space for every
five (5) recreational vehicle sites.
(Ordinance O-09022019-1, sec. 4.7,
adopted 9/3/19)
The ground surface in all parts of the RV park shall be graded
and designed to drain all stormwater and surface water in a safe,
efficient manner. Drainage analysis shall be performed by a licensed
professional engineer and easements for the conveyance of surface
water off-site shall be obtained, if necessary.
(Ordinance O-09022019-1, sec. 5,
adopted 9/3/19)
Each site within an RV park shall be provided with a separate
metered connection to the city water supply if available. If city
water supply is not available, then a permit from the state commission
on environmental quality (TCEQ) shall be obtained to install a well.
The city must approve all proposed water facility plans prior to construction.
The water distribution system shall be installed as follows:
(1) The
water supply system, fixtures and other equipment must be installed
in accordance with applicable codes adopted by the city.
(2) A
master water meter shall be installed to serve the RV park. Sub-metering
or re-metering for private purposes by the owner/operator of the RV
park is permitted, however, sub-metering or re-metering of individual
RV sites for public purposes, as determined by the city, such as meter
reading and utility billing of individual RV sites, is not permitted.
(3) A
reduced pressure principle backflow preventer will be required to
be placed at the property line on the discharge side of the master
meter. In addition, one (1) must be placed at each of the connections
for each RV site and located on the right side of the site.
(4) Water
riser service branch lines shall extend at least four (4) inches above
ground elevation. The branch line shall be at least 3/4 inch.
(5) Adequate
provisions shall be made to prevent freezing of service lines, valves
and riser pipes. Surface drainage shall be diverted from the location
of utility connections at each site.
(6) A
shut-off valve below the frost line shall be provided on each branch
line.
(7) The
owner/operator shall have complete maintenance responsibility for
the water system within the RV park.
(8) The
city has no maintenance responsibility for service lines within the
RV park. The responsibility of the city stops at the property line.
(9) All
water connections shall be pursuant to city permit.
(Ordinance O-09022019-1, sec. 6,
adopted 9/3/19)
Each site within the RV park shall be provided with a connection
for wastewater if available. If city wastewater is not available,
then a permit from the state commission on environmental quality (TCEQ)
shall be obtained prior to placement of an on-site sewage facility.
All proposed wastewater service lines shall be connected to the city
wastewater system if available. On-site sewage facilities are permitted
if city utilities are not available. The city must approve all proposed
wastewater facility plans prior to construction. The wastewater distribution
system shall be installed as follows:
(1) The
wastewater system and materials must be installed in accordance with
applicable codes adopted by the city.
(2) Each
site shall be provided with a four-inch diameter wastewater riser
and shall extend above grade four (4) to six (6) inches. The wastewater
riser pipe shall be so located on each stand so that the wastewater
connection to the RV drain outlet will approximate a vertical position.
Each inlet shall be provided with a gas-tight seal when connected
to a recreational vehicle or have a gas-tight seal plug when not in
service.
(3) The
wastewater connection to each site shall consist of a single four-inch
service line without any branch lines, fillings [fittings], or connections.
All joints shall be watertight.
(4) Surface
drainage shall be diverted away for least four (4) to six (6) inches
above the ground elevation.
(5) Each
collection wastewater line shall provide a vent extending a minimum
of ten (10) feet in height.
(6) The
owner/operator shall have complete maintenance responsibility for
the wastewater system within the RV park. The responsibility of the
city stops at the property line.
(7) Each
RV park shall be required to install at the property line, where connection
to the city sewer is made, a sample well site as defined herein. The
sample well site shall be installed according to city code.
(8) All
wastewater connections shall be pursuant to city permit.
(Ordinance O-09022019-1, sec. 7,
adopted 9/3/19)
(a) Each
RV park shall provide the following facilities as listed below:
(1) One (1) toilet for the female sex.
(2) One (1) toilet for the male sex.
(3) One (1) washbasin shall be provided within the bathroom.
(4) One (1) shower shall be provided for each sex.
(5) All toilets and shower facilities shall be placed in properly constructed
buildings.
(6) Buildings shall be well lit at all times, day or night, well ventilated
with screened openings, and constructed of moisture-proof material
to permit rapid and satisfactory cleaning, scouring and washing.
(7) The floors shall be of concrete or other impervious material, elevated
not less than four (4) inches above grade, and each room shall be
provided with floor drains.
(b) Toilet
and bathing facilities shall be in separate rooms. Each toilet provided
in a community toilet house shall be partitioned apart from any other
toilet in the same room. The floor surface around the commode shall
not drain into the shower floor.
(c) Toilet
floors and walls shall be of impervious material, painted white or
a light color, and be kept clean at all times. Shower stalls shall
be made of tile, plaster, cement or some other impervious material
and shall be kept clean at all times. Shower stalls shall be partitioned
in any manner as to provide privacy and promote cleanliness. If a
shower stall is of some impervious material other than tile, cement
or plaster, it shall be white or some light color and kept clean at
all times.
(Ordinance O-09022019-1, sec. 9,
adopted 9/3/19)
Each RV park shall be provided with adequate facilities for
the collection and removal of waste and garbage. Storage, collection,
and handling shall be conducted so as to not create any health hazards,
rodent harborage, insect breeding areas, or fire hazards. The city
staff shall determine the amount of weekly pickups and appropriate
number of refuse/containers to be placed within the RV park. All refuse
containers/dumpsters shall be screened by a minimum six-foot opaque
fence on three (3) sides.
(Ordinance O-09022019-1, sec. 10,
adopted 9/3/19)
A minimum of one (1) telephone shall be provided in an accessible
location twenty-four (24) hours a day, seven (7) days a week, for
emergency use.
(Ordinance O-09022019-1, sec. 10.1,
adopted 9/3/19)
The individual RV sites within the RV park are not allowed to
have accessory structures as defined herein.
(Ordinance O-09022019-1, sec. 10.2,
adopted 9/3/19)
Each person renting a site within a RV park shall provide the
following information to the owner, manager, operator or person in
charge of the RV park:
(2) Full
address of permanent residence;
(3) Automobile
and recreational vehicle license plate number and the state in which
each is registered;
(4) Photocopy
of driver’s license of the primary tenant;
(5) The
number or letter of the designated site being rented;
(6) Date
of arrival and departure.
(Ordinance O-09022019-1, sec. 10.3,
adopted 9/3/19)
Grounds, buildings and structures in the RV park shall be maintained
free of the accumulation of high grass and weeds and debris so as
to prevent rodent and snake harborage or the breeding of flies, mosquitoes
or other pests.
(Ordinance O-09022019-1, sec. 10.4,
adopted 9/3/19)
(a) Open
fires shall be allowed only in a manner and within a container approved
by the fire chief.
(b) A
fire hydrant(s) must be placed such that each recreational vehicle
site is not more than six hundred (600) feet.
(c) If
a RV park is to be placed in an area where city water is not available,
the water [sic] RV park owner must have a pond located on the property,
filled at all times, with a minimum capacity of twenty thousand (20,000)
gallons, with a dry hydrant installed. A container capable of holding
a minimum of twenty thousand (20,000) gallons with a dry hydrant installed
shall also be allowed and/or substituted for a pond. The dry hydrant
outlet shall be of standard size or a minimum of four (4) inches.
(Ordinance O-09022019-1, sec. 10.5,
adopted 9/3/19)
Unless as otherwise provided herein, this article shall not
be applicable to any nonconforming recreational vehicle park (RV park)
existing on the effective date of adoption of this article (grandfathered
RV park) until 180 days after adoption of this article. Further, if
a recreational vehicle park (RV park) is under actual construction
and same has been lawfully and diligently begun prior to the effective
date of the adoption or amendment of this article, then this article
shall not apply for 180 days. Actual construction shall be defined
as including the approval of the RV park site development plan by
the city and commencement of construction of permanent utility services.
Final determination of actual construction shall be determined by
the city’s building official or designee.
(Ordinance O-09022019-1, sec. 11,
adopted 9/3/19)
Upon a change of ownership of a grandfathered RV park, as referenced
above, the new owner shall be issued a temporary license and given
90 days to bring the existing recreational vehicle park (RV park)
into compliance with the requirements of this article. The building
official is authorized to grant extensions for work that may require
more than 90 days. The extension shall be in writing and justifiable
cause demonstrated. Change of ownership shall include a change from
ownership of any person, firm or entity to any other person, firm
or entity. Change of ownership shall not include an assignment to
an entity formed by the original grandfathered owner.
(Ordinance O-09022019-1, sec. 11.1,
adopted 9/3/19)
Existing manufactured home parks that have spaces for recreational
vehicles existing prior to the adoption of this article shall be permitted
to occupy the space with a recreational vehicle, pursuant to this
article. However, in no instance shall a new manufactured home park
to be located within the city be allowed recreational vehicles or
spaces for recreational vehicles unless authorized under this article.
Same shall apply to a recreational vehicle park to be located within
the city. Only recreational vehicles shall be allowed in a recreational
vehicle park.
(Ordinance O-09022019-1, sec. 11.2,
adopted 9/3/19)