This chapter shall be known and may be cited as the "City of Harlingen Mobile Home Ordinance."
(Code 1973, § 19-1; Code 1997, § 153.01; Ordinance 85-68, adopted 9/18/1985)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Those words not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning and engineering practices, in particular, as defined in applicable codes.
means lying adjacent, whether contiguous or not, along a common border.
means visual compatibility in outside appearance of a structure with those structures that prevail in the district where located. Such appearance to be acceptable, and to the discretion, of the city's chief building officer.
means subordinate to and incidental to the primary use of the premises.
means a minor public right-of-way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access, and other secondary uses, to the back or sides of properties.
means any device which is attached to the manufactured home, properly installed and designed, to resist horizontal and vertical forces imposed on the manufactured home as a result of wind loading.
See Lot area.
See Streets.
means the most current plan or collection of plans promulgated by the city commission or administration, including, but not limited to, the arterial street plans or combination thereof.
See Streets.
See Streets.
See Recreational vehicle.
means a generic term referring to both parks and subdivisions.
means a minor entrance way, curb cut, off the common access route within a development, into an off-street parking space serving one prefabricated home lot. The term "driveway" shall be construed to also include the parking space itself.
means a vested or acquired right to use land, other than as a tenant, for a specific purpose; such right being held by someone other than the owner who holds title to the land.
See Streets.
relates to permitted temporary use of manufactured homes on construction sites for management headquarters.
See Setbacks.
means the vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to the highest point of the roof's surface; the deck line of mansard roofs; or the mean height level between eaves and ridges for hip and gable roofs; and, in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level.
The term "HUD-code manufactured home" means a structure:
Constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;
Built on a permanent chassis;
Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
Transportable in one or more sections; and
In the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet.
The term "HUD-code manufactured home" includes the plumbing, heating, air conditioning, and electrical systems of the home.
The term "HUD-code manufactured home" does not include a recreational vehicle as defined by 24 CFR 3282.8(g).
means a dwelling that is constructed in one or more modules at a location other than the home site, or is constructed utilizing one or more modular components, and which is designed to be used as a permanent residence or structure when the modular components or modules are transported to the home site and are joined together, or are erected and installed on a permanent foundation system. The term "industrialized home" includes the plumbing, heating, electrical, and air conditioning systems. Industrialized units shall be further designated as either of the following two types:
Class 1: An industrialized unit which meets or exceeds the prescribed standards for on-site built structures and other requirements as herein provided.
Class 2: An industrialized unit which fails to meet or exceeds the prescribed standards for on-site built structures and other requirements as herein provided.
See Streets.
means the land occupied or to be occupied by a building and its accessory structures, and including such open spaces as required under this chapter, and having its principal frontage upon a public or private street.
The area of the lot shall be the net area of the lot and shall not include portions of the streets and alleys.
means the mean horizontal distance between the front and rear lot lines.
means a line bounding the lot as shown on the accepted plot plan.
means the width of a lot at the front building line from side yard lot line to side yard lot line.
See Streets.
means a HUD-code manufactured home or a mobile home and shall collectively refer to both.
means a unified arrangement of two or more manufactured home spaces/lots on a tract of land owned by an individual or single business entity for the purposes of renting or leasing spaces where manufactured homes occupied for dwelling or sleeping purposes are, or are to be, located, such accommodations being of a nontransient nature.
means a subdivision designed and intended for sale of lots for residential occupancy by manufactured homes.
means 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.
means a building, structure, or use of land lawfully occupied at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto, and which does not conform to the use regulations of the district in which it is situated, but allowed under section 107-68.
means any individual, association, firm, corporation, or other business entity, or agent thereof, holding legal title and possession to a development.
is a generic term collectively referring to owner and/or subdivider.
means a parking lot providing multiple off-street parking spaces for common use.
means a space, on a parking lot or on an individual lot, sufficient in size to store a vehicle, but in any event not less than nine feet wide and 20 feet long. On a parking lot, such space shall be so arranged as to permit ingress and egress of the vehicle at all times without moving any other vehicle. On an individual lot, such space may be arranged so as to allow for tandem parking; however, the space shall be connected to a public street or alley by a driveway no less than ten feet wide.
means an accessory structure that does not have a concrete slab, or does not have a perimeter beam with footings, and is readily portable, is not habitable, and was built at some location other than at the lot where it is to be located.
means industrialized housing, manufactured housing, or recreational vehicle units, and shall collectively refer to all three.
See Yard.
See Setback.
The term "recreational vehicle" means any vehicle or similar portable structure which, in the traveling mode, is eight body feet in width or less and 40 body feet in length or less, designed to be used as a transient dwelling to be used for travel, recreation, and vacation purposes. The following shall be considered a recreational vehicle (RV):
Camping trailer (tent trailer, canvass top)
shall be construed to be a travel trailer.
Converted bus
shall be construed to be a motor home.
Motor home
means a vehicular, portable structure constructed as an integral part of a self-propelled vehicle.
Pickup coach
means a portable structure built without wheels and designed to be mounted on a truck chassis.
Trailer house (park-model R.V.)
shall be construed to be a travel trailer.
Travel trailer
means a vehicular, portable structure built on a chassis and with wheels, but not self-propelled.
Recreational vehicles shall further be designated as either of the following types:
Dependent trailer
means a recreational vehicle which is dependent upon a service building for toilet and lavatory facilities.
Self-contained trailer
means a recreational vehicle which can operate independent of connections to sewer, water, and electrical systems. It contains a water-flushed toilet, lavatory, shower and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the recreational vehicle.
means a unified arrangement of two or more recreational vehicles spaces/lots on a tract of land owned by an individual or single business entity for the purposes of renting or leasing spaces/lots where recreational vehicles occupied for dwelling or sleeping purposes are, or are to be, located, such accommodations being of a transient nature.
means a subdivision designed and intended for the sale of lots for residential occupancy by recreational vehicles.
means the area, either public or private, over which the right of passage exists.
means a structure made of two or more modules transported to the building site, put on a foundation, and joined to make a single structure.
means a building housing toilet, lavatory, and such other facilities as may be required by this chapter.
means the line within a property defining the minimum horizontal distance between a building and the adjacent street right-of-way line.
Front-yard setback
means the required spacing distance measured horizontally between the front lot line and the front yard as herein defined.
Rear yard setback
means the required spacing distance measured horizontally between the rear lot line and the rear yard as herein defined.
Side yard setback
means the required spacing distance measured horizontally between the side lot line and the side yard as herein defined.
means a public or private right-of-way, however designated, which provides vehicular access, and provides a common access route, to adjacent land.
Collector street
means a street which carries vehicular traffic from the interior of a neighborhood or development to adjoining major streets. Their primary role is land access but with a higher level of traffic movement.
Cul-de-sac
means a street having but one outlet, other than an alley or easement, to another street, and terminated on the opposite end by a vehicular turnaround.
Dead-end
means a street, other than a cul-de-sac, with only one outlet, other than an alley or easement.
Entrance street
means a collector street which serves as the principal entrance and/or exit to a development.
Internal street
refers, in a collective sense, to those streets which are the development's own interior street system, whether or not any of the streets are dedicated to the city.
Local street
means a minor street used primarily for vehicular access to abutting properties.
Major street
means a street which provides direct access between various sectors of the city and connects residential areas with commercial and industrial land uses. Since traffic movement is their key function, land access from major streets may be legitimately restricted.
means any person, or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as the term is herein defined. In any event, the term "subdivider" shall be restricted to include only the owner, equitable owners, or authorized agent/operator of such owner or equitable owner.
means a division of any tract of land situated within the corporate limits of the city or within the extraterritorial jurisdiction, or within the five-mile limit of control referred to in Texas Local Government Code ch. 212, into one or more parts for the purpose of laying out suburban lots or building lots, or any lots and streets, alleys, or parts or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. The term "subdivision" includes resubdivision, but it does not include the division of land for agricultural purposes into parcels or tracts of five acres or more and not involving any new street, alley, or easement of access.
See Recreational vehicle.
See Acceptable similarity.
means any open space, other than a court, on a lot in which a building is situated and which is not obstructed from a point 30 inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features.
Front yard
means an open, unoccupied space on a lot facing a street, other than an alley, extending across the front of the lot between the side lot lines and from the main building to the front lot or street line and the main building as specified for the district in which it is located.
Rear yard
means an open, unoccupied space, except for accessory structures as herein permitted, extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and rear line as specified in the district in which the lot is situated.
Side yard
means an open, unoccupied space, except for accessory structures as herein permitted, on one or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front lot line to the rear lot line.
(Code 1973, §§ 19-10, 19-11; Code 1997, § 153.08; Ordinance 85-68, adopted 9/18/1985; Ordinance 86-62, adopted 8/20/1986)
This chapter is adopted under the authority of the Constitution and laws of the State of Texas, Texas Local Government Code ch. 253, and the provisions of Texas Local Government Code § 212.003. This chapter is adopted pursuant to the provisions of article V, section 3, of the Charter of the City of Harlingen.
(Code 1973, § 19-2; Code 1997, § 153.02; Ordinance 85-68, adopted 9/18/1985)
(a)
The scope of this chapter shall be to govern the establishment and operation of all prefabricated home developments, as well as the location, standards, uses, classifications, and other requirements of all prefabricated housing (as herein defined) within the corporate limits and extraterritorial jurisdiction (as defined in Texas Local Government Code ch. 43) of the city.
(b)
The purpose of this chapter is to provide for the orderly, safe, and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, morals and general welfare of the community.
(Code 1973, § 19-3; Code 1997, § 153.03; Ordinance 85-68, adopted 9/18/1985; Ordinance 86-62, adopted 8/20/1986)
Any prefabricated home now existing and being located and situated upon any parcel of land within the city shall immediately, upon being moved, become subject to the terms and conditions of this chapter. No other prefabricated home shall be placed on such lot, park, plat, or parcel of real property unless the terms and conditions of this chapter relating to prefabricated homes are fully complied with. In any event, if applicable, the provisions of this chapter relating to nonconforming uses shall apply.
(Code 1973, § 19-4; Code 1997, § 153.04; Ordinance 85-68, adopted 9/18/1985; Ordinance 86-62, adopted 8/20/1986)
Whenever the applicable standards and specifications in this chapter conflict with those contained in another ordinance, the most stringent or restrictive provision shall govern, unless otherwise expressly provided.
(Code 1973, § 19-5; Code 1997, § 153.05; Ordinance 85-68, adopted 9/18/1985)
It is the intent of the city that this chapter shall be consistent with the city's comprehensive plan, zoning code, subdivision regulations, and any supplemental land use and community development policies that may be adopted or amended by the city commission. No prefabricated home, except those construed to be recreational vehicle, as herein defined, shall be placed in a prefabricated home development unless a permit is issued by the chief building official or his authorized agent. No industrialized unit, as herein defined and classified, shall be placed in a single-family residential zone or otherwise allowable zone until and unless a permit is issued by the chief building official, as provided in section 107-43.
(Code 1973, § 19-6; Code 1997, § 153.06; Ordinance 85-68, adopted 9/18/1985; Ordinance 86-62, adopted 8/20/1986)
It is the intent of this chapter that the provisions contained herein shall be carried out simultaneously with the review of the city's subdivision regulations (chapter 109).
(Code 1973, § 19-7; Code 1997, § 153.07; Ordinance 85-68, adopted 9/18/1985)
The city is hereby authorized to promulgate, or to have promulgated, and to file for public record and use, rules, regulations, standards and specifications for the construction, installation, design, location and arrangement of streets, curbs, street lights, signs, alleys, utility easements, sidewalks, water supply and water distribution systems, fire hydrants, sewage disposal systems, septic tanks, water wells, monuments, criteria for drainage easement requirements, drainage facilities and crosswalk ways, but all such rules, regulations, standards and specifications shall be subject to the approval of the planning and zoning commission. The city may amend the same from time to time, provided that an amendment must be appropriately approved by the city commission. No such rules, regulations, standards and specifications shall conflict with this chapter or any other ordinance of the city. All such improvements shall be constructed, installed, designed, located and arranged by the park owner or operator in accordance with such rules, regulations, standards and specifications.
(Code 1973, § 19-80; Code 1997, § 153.09; Ordinance 85-68, adopted 9/18/1985)
It shall be unlawful for any person to establish, maintain, and operate a prefabricated home development or a prefabricated home in the city unless the same be in accordance and compliance with this chapter, chapter 111 of the city and all other ordinances of the city, or unless the provisions for nonconforming uses, structures, or developments are applicable. Any and each violation of any of the required provisions of this Code in the establishment, maintenance, and operation of a prefabricated home development or prefabricated home of whatever type as classified herein shall each constitute a separate offense and, upon conviction thereof, shall be punishable as provided in section 1-7. The enforcement of the provisions of this Code in the construction, maintenance, and operation of a prefabricated home development or any type of prefabricated home may, at the election of the city, be by injunction and/or mandamus issued by a court or appropriate jurisdiction.
(Code 1973, § 19-81; Code 1997, § 153.10; Ordinance 85-68, adopted 9/18/1985; Ordinance 86-62, adopted 8/20/1986)