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Glenn Heights City Zoning Code

CHAPTER 60

MANUFACTURED HOMES

Sec. 60-1. - Definitions.

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:

Building official means a designated inspection authority of the city, or its authorized representative.

Common access route/internal street means a private drive allowing principal means of access to individual HUD-code manufactured home or mobile home lots or auxiliary buildings.

Driveway means a minor entranceway off the common access route within the park, into an off-street parking area serving one or more HUD-code manufactured home or mobile homes.

Existing park or existing community means all mobile home, travel trailer, recreational vehicle or manufactured home parks that are in existence as of the effective date of the ordinance from which this article is derived.

Existing park operator means all existing park management operators or owners.

Existing structure means all mobile homes, travel trailers, recreational vehicles or manufactured homes that are located in an existing park as of the effective date of the ordinance from which this article is derived.

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, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width, 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 plumbing, heating, air conditioning, and electrical systems. The term "HUD-code manufactured home" does not include a recreational vehicle as that term is defined by 24 CFR 3282.8(9).

IRD code means International Residential Code 2003 with Appendix E.

License means a written license issued by the city, permitting a person to operate and maintain a HUD-code manufactured home park under the provisions of this article.

Manufactured home means a HUD-code manufactured home as defined in this section.

Manufactured home stand means that part of a manufactured home park which has been improved for the placement of the manufactured home, including all required appurtenances and having provision for available utility connections.

Mobile home 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 feet or more square feet, and which is built on a permanent chassis designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes plumbing, heating, air conditioning, and electrical systems.

Mobile home park or manufactured home park means any lot, block, tract, or parcel of contiguous lots, blocks, tracts or parcels of land, under common ownership, which contains two or more mobile homes or HUD-code manufactured homes or mobile homes or manufactured home lots available for lease or rent to the public and for the placement of mobile homes or manufactured homes for occupancy.

Occupant means any person who legally resides in the home, travel trailer or motor home.

Park management means the person who owns or has charge, care or control of the manufactured home or mobile home park.

Parking street space, off-street, means a parking space a minimum of nine feet in width by 18 feet in length, located within the boundary of a mobile home or manufactured home space, or in common parking and storage area having unobstructed access to an internal street.

Permit means written permit/certification issued by the city permitting the construction, alteration or extension of a manufactured home park under the provisions of this article and regulations issued hereunder.

Plot plan or site plan means a graphic presentation, drawn to scale in a horizontal plane, delineating the outlines of the land included in the plan and all proposed use location accurately dimensioned, the dimensions also indicating the relation of each use to that adjoining and to the boundary of the property.

Sewer connection means a connection consisting of pipes, frames and appurtenances from the drain outlet of a mobile home or manufactured home to the inlet of the corresponding sewer service riser pipe of the sewage system serving the manufactured home park.

Skirt means concealment from view of the undercarriage on all sides of a mobile home or manufactured home.

Space means a plot of ground within a manufactured home park designated for accommodation of one manufactured home, together with such open space as required by this article. The term "space" shall also include "lot" and "site."

Travel trailer or motor home means a portable vehicle built on a chassis and designed as a temporary dwelling for travel, recreation and vacation use and which has been permanently identified and equipped and identified by the manufacturer for use on public streets and highways. The term "travel trailer" shall also be deemed to include any other portable contrivance used or intended to be used generally for living and sleeping quarters and which may be moved under its own power, towed or transported by another vehicle.

(Code 1996, § 14.04.001; Ord. No. 833-06, § 1, 12-4-2006)

Sec. 60-2. - Mobile home prohibition.

(a)

The installation of mobile homes for use or occupancy as residential dwellings in the city is prohibited.

(b)

This section is prospective and shall not apply to any mobile home used and occupied as a residential dwelling in the city on the effective date of the ordinance from which this article is derived.

(c)

An existing mobile home located in the city, as of the date of the ordinance from which this article is derived, will be allowed to remain on its existing site until it is removed from city, or until the condition of the mobile home violates this Code. When the condition of the mobile home violates this Code, the building official shall require the owner to repair the home, move the home out of the city, or demolish the home.

(d)

All structural repair or remodeling of a mobile home shall require a building permit. All work shall be done by a state-certified licensed contractor or home-occupied owner.

(e)

An existing, but temporarily vacant, mobile home located in the city, as of the date of the ordinance from which this article is derived, will be considered occupied for purposes of this section if it has been in actual residential use within 30 days prior to enactment of the ordinance from which this article is derived, is vacant for purposes of refurbishment for future residential use at the time of enactment of the ordinance from which this article is derived or subsequently becomes vacant for purposes of refurbishment for future residential use after enactment of the ordinance from which this article is derived, and such vacancy is terminated by actual residential use of the mobile home within 60 days of enactment of the ordinance from which this article is derived.

(Code 1996, § 14.04.002; Ord. No. 833-06, § 2, 12-4-2006)

Sec. 60-3. - Installation requirements.

All manufactured homes placed in the corporate limits of the city after the effective date of the ordinance from which this article is derived must be installed in accordance with all state and federal laws and the standards, rules, regulations and administrative orders and requirements of the state department of housing and community affairs, or its successor agency.

(Code 1996, § 14.04.003; Ord. No. 833-06, § 3, 12-4-2006)

Sec. 60-4. - Siting requirements.

All manufactured homes, travel trailers, or motor homes placed in the corporate limits of the city after the effective date of the ordinance from which this article is derived must be installed and located in a manufactured home park, except for the following:

(1)

A mobile home or manufactured home that was installed on a site within the city prior to the effective date of the ordinance from which this article is derived, subject to the restrictions of section 60-2;

(2)

A manufactured home installed on any parcel or tract of land that has no other residential or commercial structure on it and placed within a solid fascia or perimeter enclosure (whether load-bearing or not) prior to having water, sewer or electrical service installed;

(3)

A mobile home or manufactured home provided by any governmental agency as temporary housing following any public disaster or public calamity, or a mobile home temporarily moved from any mobile home park or subdivision by reason of any public disaster or public calamity;

(4)

A mobile home or manufactured home that is located upon a site prior to annexation of the site by the city except as provided in section 60-6;

(5)

The storage parking of a vacant and unoccupied travel trailer, motor home, or recreational vehicle at any residence or commercial site;

(6)

The temporary parking of a mobile home or manufactured home, travel trailer, recreational vehicle or motor home for purposes of security at a temporary commercial facility for a period approved by the city manager or designee;

(7)

Mobile homes or manufactured homes parked for purposes of sale to the public within a mobile home or manufactured home sales lot;

(8)

A manufactured home, mobile home, or travel trailer that is used for an official city purpose, as may be determined and approved by the city manager or designee, and that is located on any parcel or tract of land owned or leased by the city;

(9)

The temporary parking of an occupied, nonvacant travel trailer, recreational vehicle or motor home at any residence or commercial site is prohibited.

(Code 1996, § 14.04.004; Ord. No. 833-06, § 4, 12-4-2006; Ord. No. O-19-18, 11-20-2018)

Sec. 60-5. - Skirting requirements.

(a)

All manufactured homes shall have skirting within 90 days after being placed. The skirt shall be:

(1)

Completely around the structure from the base of the manufactured home to the ground level beneath;

(2)

Of material with similar appearance to the manufactured home or masonry material;

(3)

Of weather-resistant material for skirting and shall not be scrap metal or polyurethane scrap material;

(4)

Skirted in such a way as not to allow access to the underside of the manufactured home for storage or trash accumulation but access only for repair purposes to the manufactured home;

(5)

Approved at the time of placement.

(b)

Manufactured HUD-code sales lots shall comply with this section.

(Code 1996, § 14.04.005; Ord. No. 833-06, § 5, 12-4-2006)

Sec. 60-6. - On-site parking.

Each manufactured home site shall provide a minimum of two off-street parking spaces which shall be constructed of engineered asphalt or 3,000 psi concrete per city specifications.

(Code 1996, § 14.04.006; Ord. No. 833-06, § 6, 12-4-2006)

Sec. 60-182. - Unlawful acts; permit requirement.

(a)

It is unlawful for any person to park, place, or locate or allow to be parked, placed or located a recreational vehicle or HUD-code manufactured home within the city except in an approved HUD-code manufactured home park or recreational vehicle park, unless a temporary use permit has been issued by city council or as otherwise excepted and provided herein.

(b)

Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.

(c)

It shall be a rebuttable presumption that the registered owner of the recreational vehicle parked the vehicle.

(Code 1996, § 3.10.002; Ord. No. 705-01, 5-21-2001)

Sec. 60-183. - Exceptions.

The provisions of section 60-182 shall not apply to the following:

(1)

A recreational vehicle parked upon a lot where recreational vehicles are sold and where no person occupies such a recreational vehicle as a dwelling or sleeping place;

(2)

A recreational vehicle temporarily parked upon a lot as an office or display unit and where no person occupies such recreational vehicle as a dwelling or sleeping place;

(3)

A recreational vehicle temporarily parked upon a lot or tract of land and used to provide shelter or temporary living quarters for a guard, watchperson, supervisor or construction worker of a public or private construction project, upon issuance of a temporary use permit by the city council;

(4)

A recreational vehicle parked upon privately owned residential property in accordance with any applicable zoning, subdivision or parking regulations; provided, however, in no event shall such recreational vehicle be utilized as a temporary dwelling unit, or connected to public or private utilities, such as water, wells, sanitary sewer, wastewater, septic or electricity.

(Code 1996, § 3.10.003; Ord. No. 705-01, 5-21-2001)

Sec. 60-184. - Application, issuance, and duration standards of permit.

(a)

Contents; transferability. The permit shall be specific to the person named in the application for the permit and shall not be transferred without the prior written consent of the city through the issuance of a new permit.

(b)

Application requirements. All applications for permits shall be made upon standard forms provided by the city secretary and shall contain the following:

(1)

The name and address of the applicant;

(2)

The location and legal description of the property where the recreational vehicle or HUD-code manufactured home will be located;

(3)

The number of recreational vehicles or HUD-code manufactured home to be located on property with license plate numbers, names and addresses of registered owners;

(4)

The number of persons to be temporarily housed per vehicle;

(5)

The requested duration of temporary use permit with a stated rationale.

(c)

Permit fee. All applications to the city secretary shall be accompanied by a fee in the amount provided in the city fee schedule.

(d)

Issuance of permit. In considering the application, the city manager may take into account the proposed location of the temporary use in relation to the present and anticipated land use and development surrounding the property. After review of the application and, upon determining that the application complies with this article and other applicable laws, codes and regulations, the permit shall be issued. The temporary use permit shall in no event be issued for more than one year. The permit shall be issued for the number of and specific vehicles listed in the application; provided, however, the vehicles may be exchanged with other vehicles, provided the number of vehicles covered by the permit shall not be increased. If the vehicles are exchanged, the license plates, names and addresses of the registered owners shall be submitted to the city secretary, prior to the parking of the vehicles.

(e)

Duration of permit. Such temporary use permit may only be valid for the duration of the temporary purpose and must be removed within 24 hours of the completion of the temporary purpose, such as a construction project. The city manager shall determine the duration of the temporary use permit based upon information provided by the applicant and independent investigation. The duration of the temporary use permit shall be reasonable.

(Code 1996, § 3.10.004; Ord. No. 705-01, 5-21-2001)

Sec. 60-185. - Denial/revocation of permit.

(a)

The city manager, in the city manager's discretion, may deny the issuance of the temporary use permit. In the event the city receives complaints from its citizens relative to a nuisance that might be or is created due to the use of such recreational vehicles or HUD-code manufactured home as temporary dwellings, the city manager may revoke the temporary use permit, upon seven days' written notice. Appeal of such decision may be made to city council upon submission of a notice of appeal to the city secretary within ten days of receipt of the notification; otherwise, the decision of revocation is final and binding.

(b)

Notwithstanding the notice of appeal, the permit shall remain revoked, and the vehicles removed, until such time as a hearing is held before city council.

(c)

Upon revocation, the vehicles may be moved to a location designated as a recreational vehicle park or HUD-code manufactured home park. No new application for a permit shall be accepted within one year of the denial or revocation of a permit unless the denial is without prejudice to the refiling of same, or the revocation is conditional; provided, however, that the stated conditions for reapplication have been satisfied.

(Code 1996, § 3.10.005; Ord. No. 705-01, 5-21-2001)

Sec. 60-186. - Penalty.

(a)

Any person violating or failing to comply with any provision or requirement of this article, who continues to violate or fail to comply with same after seven days' written notice is given, shall also be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with the general penalty provision found in section 1-9, such offenses being violations of the health, safety and zoning ordinances of the city. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur.

(b)

In addition to any other remedies or penalties contained herein, the city may enforce the provisions of this article pursuant to the applicable provisions of V.T.C.A., Local Government Code ch. 54, which chapter provides for the enforcement of city ordinances.

(Code 1996, § 3.10.006; Ord. No. 705-01, 5-21-2001)