The purpose and intent of this article is to provide a uniform and comprehensive set of standards for the development of cabin parks within the city limits.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)
The following words, terms, and phrases, when used in this article, shall have the meaning ascribed to them in this section except where the context clearly indicates a different meaning:
A designated inspection authority of the city, or its authorized representative.
A small simple dwelling; hut. A small, simple house providing temporary accommodation and occupancy as a temporary living quarters. A cabin/lodge shall mean any small site-built or portable style building designed and deemed to include any portable contrivance used or intended to be used generally for a temporary living and sleeping quarters. Structures shall include kitchen and bath/toilet equipment installed and shall meet all adopted building codes. (The term "cabin" will include guest cabin, vacation cabin, guest cottage, and lodge.)
A location or tract containing or consisting of more than one (1) cabin used for short-term and/or long-term rental.
The City of Onalaska, Texas.
A private drive allowing principal means of access to individual cabins, office, auxiliary buildings or recreation area.
Any area that is directly accessible to the public or all tenants of the cabin park.
A minor entrance way off the common access route within the park, into an off-street parking area serving one or more cabins.
Any person who legally resides in cabin.
The person who owns or has charge, care or control of the cabin park.
Streets or drives within the cabin park.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)
The installation of two or more structures on a single lot or tract of land less than 4,500 square feet for use or occupancy as residential dwellings in the city is prohibited other than as provided in this article. This provision is prospective and shall not apply to any cabins or buildings used and occupied as a residential dwelling in the city on the effective date of this article or if located within a licensed and permitted cabin park or a combination RV/cabin park.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)
(a)
The construction of new cabin parks within the city limits is prohibited. Existing cabin parks shall be allowed to expand if the current property has the proper amount of space to accommodate the expansion, A site plan must be presented and approved by the city council and all required permits must be obtained by the developer from the city building official before any construction begins.
(b)
The following regulations apply to cabin parks as permitted by a permit granted by the building official:
(1)
All cabin parks shall contain a contiguous area of 2 acres or more. A minimum of ten percent (10%) of the total area shall be maintained as common area. Cabin parks shall be used for short-term or long-term rental and not for individual cabin sale. Permit fees shall be as set from time to time by the city council and listed in the fee schedule maintained in the city offices.
(2)
The maximum density for a cabin park is 10 cabins per acre.
(3)
Access to all cabins shall be from private streets within the cabin park.
(4)
Setbacks for all cabin parks shall be as follows: Front 20 feet; sides 5 feet; rear 10 feet.
(5)
All cabin parks shall have an on-site office with staff on duty at least 8 hours per day.
(6)
All cabin parks may have but are not required to have a common recreational building, both men's and women's communal showers and restrooms, a permanent laundry facility or a store selling sundries.
(7)
The owner of a cabin park or his/her designee shall maintain a register of all occupants of the park showing the full name, permanent address, vehicle license plate number and description, and date of arrival and departure of every occupant. This register shall be made available to the building official during normal working hours and to all law enforcement [officers] upon request.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023; Ordinance adopting 2026 Code)
(a)
All cabins shall be constructed or set on a pad elevated so the ground floor of the cabin has an elevation of greater than 135 feet above sea level or higher so as not to be in the floodplain.
(b)
All cabins and buildings shall be constructed in compliance with the current International Building and Residential Codes as adopted by the city.
(c)
All cabins within a cabin park shall be permanently marked and numbered.
(d)
All cabin spaces must contain a minimum of 850 square feet per space.
(e)
All cabins must have 20 feet of frontage on a private drive.
(f)
All cabins must have a minimum of one off-street parking space of a hard-surface, all-weather material.
(g)
Cabins must have minimum of 15 feet open space between exterior walls.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)
(a)
Private streets/drives shall be required and shall extend continuously from the city street so as to provide suitable access to all cabins and other facilities or uses allowed within the cabin park and must be accessible at all times for emergency purposes by law enforcement, fire department, and emergency medical services.
(b)
All private streets/drives shall be constructed of hard-surface, all-weather material and shall be properly drained to prevent pooling of water.
(c)
All cabins shall have access to private street/drives constructed above floodplain which is 134 feet elevation.
(d)
All streets/drives widths within the cabin park must be a minimum of twelve (12) feet on driveway easements of 40 feet in width.
(e)
Private drive intersections shall generally be at right angles.
(f)
Private drives should be designed to minimize dead-ends.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)
(a)
The water and sewer systems within the cabin park shall be built to the standards of the city's current International Plumbing Code. The water shall be connected to and meet requirement of the city's water supply. The sewer shall be connected to and meet requirement of the county fresh water district.
(b)
The electrical system within the cabin park shall be built to the standards of the city's current NFPA 70 National Electrical Code, (NEC) and shall be connected to and meet requirements of Sam Houston Electric Coop.
(c)
Fire hydrants may be required by the city fire marshal and if required shall be installed by the developer of the cabin park.
(d)
Refuse containers sufficient to contain all refuse created within the park shall be provided at a central location readily accessible. Containers must be fenced and gated.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)
(a)
The parking lots, walks and service areas shall be kept adequately lighted at all times so the park shall be safe for occupants and visitors and the entrances and exits shall also be adequately lighted.
(b)
Private drives shall have a light at each intersection and a light every 300 feet between intersections.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)
If the park will be used as a combination park containing both cabins and recreational vehicles, then the park must comply to this article and the recreational vehicle park regulations of the city.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)
(a)
An application for a permit for construction of a cabin park shall be submitted to the building official and shall include the following information.
(1)
Site plan.
The site plan shall be filed and shall show the following:
(A)
The name, address, fee owner and record owner of the proposed cabin park to be constructed or of the existing cabin park to be altered, extended or expanded.
(B)
The legal description of the land where the park is to be located.
(C)
The names of adjacent public streets and roads.
(D)
Contour lines at two foot (2') intervals including labeling floodplain boundaries.
(E)
Locations and dimensions of all cabin spaces, utility easements, drives, recreation areas, streets and sidewalks. Each recreational vehicle space shall be numbered.
(F)
Scale of plan (no smaller than 1" = 100') and complete dimensions.
(G)
Density in units per gross acre.
(H)
Area and dimensions of each space.
(I)
Areas defined for waste containers and method of disposal of garbage and refuse.
(2)
Paving and drainage plans.
Paving and drainage plans must show the directions and calculated quantities of runoff and the proposed specifications for streets.
(3)
Lighting.
Plans must indicate provision for street lighting along internal streets of the park.
(4)
Recreation area.
A contiguous area of not less than five percent (5%) of the total park area shall be designated as a recreational area for the park's residents. Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located.
(b)
The complete site plan must be presented to and approved by city council. The building official shall notify the applicant in writing as to whether the site plan was approved or disapproved, stating the reasons for disapproval and the modifications or conditions that must be made or met before approval can be obtained upon subsequent submission. Other entities that shall be included in the planning process will be the water company that services the area of the proposed park and the Polk County Freshwater District #2 for sewer planning.
(c)
Once the plan is approved, it will then be issued a permit by the building official. No person shall alter a cabin park to the point of changing or significantly adding to that which is shown on the site plan without prior approval from the city council and obtaining the appropriate permits from the building official.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)
(a)
Upon issuance of the building permit the developer of the cabin park can commence construction, with each individual cabin requiring a permit at the current rate as set from time to time by the city council and listed in the fee schedule maintained in the city offices. All stages of construction shall be inspected by the building official or code enforcement.
(b)
Upon completion of construction and a final inspection is done, a certificate of occupancy will be issued.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023; Ordinance adopting 2026 Code)
(a)
Upon issuance of the certificate of occupancy an operating license shall be issued.
(b)
The cost of the operating license shall be as set from time to time by the city council and listed in the fee schedule maintained in the city offices. The license shall be renewed each year on or before January 5th.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023; Ordinance adopting 2026 Code)
The licensee shall be responsible for all requirements of cabin park operators set out elsewhere in this article and shall be responsible for:
(1)
Ensuring that the cabin park is operated and maintained in a safe and sanitary manner.
(2)
Maintaining all streets, parking, storage areas, and recreational areas within the cabin park.
(3)
Maintaining the water distribution system, storm drainage and sewer system within the park.
(4)
Ensuring that all requirements of this article are met and maintained. Any cabin park issued an initial license after adoption of this article that is found to be in violation of any provisions of this article shall be notified in writing by the building official and upon failure to comply said license shall be revoked and in violation subject to fine (see section 3.10.016, violations).
(5)
All responsibilities set out elsewhere in this article, and the licensee or his agent shall operate the park in compliance with this and other applicable ordinances and shall provide adequate supervision to maintain the park and all facilities in good repair, and in clean and sanitary condition. The licensee or agent shall notify park occupants of all applicable provisions of this article and inform them of their duties and responsibilities under this article.
(6)
Allowing any duly authorized inspector of the city to make reasonable inspections of the park to determine compliance with this article.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)
Park occupants shall be responsible for all responsibilities of occupants set out elsewhere in this article and shall be responsible for:
(1)
Keeping the area under and around the cabin clear of flammable and combustible items and not using the space for storage;
(2)
Maintaining those portions of the interior of a cabin under his or her control to be free from rubbish, garbage, and other substances that may encourage infestation by insects, rodents, or vermin and from all unsanitary conditions;
(3)
Keeping all occupied areas and all plumbing equipment and facilities in a clean, sanitary condition at all times;
(4)
Connecting plumbing fixtures and heating equipment that the occupant supplies and maintaining the connections in accordance with applicable codes of the city;
(5)
Maintaining said cabin and its facilities without alteration creating nonconformity with this chapter or any other applicable law;
(6)
Maintaining said cabin, plot, its facilities, equipment and accessory structures in good repair and in a clean and sanitary condition.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)
Whenever it is brought to the attention of the city council that there has been a violation of any provision of this article, the city council shall give notice of such alleged violation to the permittee or licensee or his agent, as hereinafter provided. Such notice shall (1) be in writing; (2) include a statement of the reasons for its issuance; (3) allow a reasonable time of not less than thirty (30) days nor more than one year, based upon the nature and severity of the violation and having due regard for the safety and protection of the community, for the performance of the act it requires; (4) 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 his agent when a copy thereof has been sent by mail to his last known address, or when he has been served with such notice by any method authorized or required by the laws of this state; and (5) contain an outline of remedial action when if taken, will effect compliance with the provisions of this article. If the violation is not remedied in accordance with the notice, and a breach of this article continues, then the council may revoke any permits or licenses issued in addition to any punishment provided in this article.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)
A person violating a provision of this article shall, upon conviction, be punished by a fine of not more than $200.00 for a first conviction, and not more than $500.00 for each additional conviction. Each and every day's violation shall constitute a separate and distinct offense. Any cabin, building, structure or other facility not in compliance with this article shall not be provided city utility services directly from the city or indirectly from an established city utility customer.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023; Ordinance adopting 2026 Code)
All regulations provided in this article are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the city council or any city official or employee charged with the enforcement of this article, acting for the city in the discharge of his or her duties, shall not thereby render himself or herself personally liable, and he or she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of said duties.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)