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.
Building official.
A designated inspection authority of the city, or its authorized
representative.
Cabin.
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.)
Cabin park.
A location or tract containing or consisting of more than
one (1) cabin used for short-term and/or long-term rental.
City.
The City of Onalaska, Texas.
Common area.
Any area that is directly accessible to the public or all
tenants of the cabin park.
Driveway.
A minor entrance way off the common access route within the
park, into an off-street parking area serving one or more cabins.
Occupant.
Any person who legally resides in cabin.
Park management.
The person who owns or has charge, care or control of 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 sq. ft. 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 a 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 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 1–10
spaces at $500.00, 11–20 additional spaces at $500.00 and 21–30
spaces at $500.00.
(2)
The maximum density for a cabin park is 10 cabins per acre.
(3)
Access to all cabins shall be from private streets within 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 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 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 upon request.
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)
(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 foot in width.
(e)
Private drive intersections shall generally be at right angles.
(f)
Private drive 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 container 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.
(J)
Water and sewer plans. Water and sewer plans must be submitted
showing:
(i)
Sewer line locations, grades and sizes; and
(ii)
Water line locations and sizes and source of water supply.
(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 (5%) percent 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 permit fee rate (see fee schedule). 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)
(a)
Upon issuance of the certificate of occupancy an operating license
shall be issued.
(b)
The cost of the operating license shall be renewed each year
on or before January 5th (see fee schedule).
(Ordinance 363 adopted 8/9/2016; Ordinance 440 adopted 7/11/2023)
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) shall 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; 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 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 the 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 less than $50.00 and not more than $200.00
for a first conviction, and by not less than $200.00 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)
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)