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Grey Forest City Zoning Code

ARTICLE II

MOBILE HOMES

[1]
Editor’s note–Ord. 27, adopted 3/13/80, amended the zoning ordinance by adopting provisions relating to mobile homes, but did not specify the manner of inclusion. Such provisions have been included as article II at the discretion of the editor, and the original zoning ordinance, Ord. 45, as amended, has been designated as article I.

§ 1 ENACTING CLAUSE.

That the Zoning Ordinance of the City of Grey Forest, Bexar County, Texas, as passed and approved on the 17th day of March, 1971, together with all subsequent amendments and changes thereto are hereby amended and there is enacted [as] an amendment thereof a Zoning Ordinance to read as follows, to wit:
(Ordinance 27 adopted 3/13/80; Ordinance 27A, sec. 3, adopted 7/23/96)

§ 2 PURPOSE.

Zoning Regulations as herein established have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and for the protection and preservation of places and areas of historical and cultural importance and significance, or for the general welfare of the city. They have been designed to limit and restrict ingress, egress and parking of mobile homes in the City of Grey Forest.
(Ordinance 27 adopted 3/13/80; Ordinance 27A, sec. 3, adopted 7/23/96)

§ 3 MOBILE HOMES.

(A) 
Parking:
It shall be unlawful for any individual[,] person, firm, corporation or association to park a mobile home in the City of Grey Forest other than as herein provided.
(B) 
Temporary Parking.
A mobile home may be parked in a public street, alley or highway during an emergency for minor repairs for a period not exceed three (3) hours subject to any other and further prohibitions; regulations, or limitations imposed by the traffic and parking regulations or ordinances pertaining to the particular street, alley or highway.
(Ordinance 27 adopted 3/13/80; Ordinance 27A, sec. 3, adopted 7/23/96)

§ 4 NONCONFORMING USAGE.

Any mobile home parked lawfully within the city limits on the effective date of this ordinance may be continued subject to the limitations, restrictions, and regulations set forth below, to wit:
(a) 
Abandonment:
Any person, firm or corporation or association who abandons or allows a mobile home to remain unoccupied for six (6) consecutive months shall forfeit on the last day of such six (6) months the right to be classified as a nonconforming use under this ordinance.
(b) 
The following standards must be met by the nonconforming mobile homes by Jan. 1, 1997:
(1) 
All mobile homes must be tied down and properly anchored.
(2) 
All mobile homes must rest on reinforced concrete foundations.
(3) 
All mobile homes must meet the electrical and plumbing standards as set forth in the adopted Building Codes.
(4) 
Skirting is mandatory for all mobile homes and must be done with masonry. Masonry construction shall be defined as that form of construction composed of stone, brick, concrete, hollow clay tile, tile, stucco, or other similar building units or materials or combinations of these materials laid up unit by unit and set in mortar. Brick veneer construction is included in this definition of masonry.
(5) 
All mobile home siding must be of natural material (wood or masonry) or be a natural looking material similar to wood or stone.
Editor’s note–Ord. 27A, sec. 3, amended Ord. 27 but did not specify a section number. Inclusion of such provisions as replacing subsection (b) of section 4 was at the discretion of the editor.
(c) 
Damage or destruction:
(i) 
In the event 40% or more of the current value of a mobile home is damaged or destroyed by fire, the elements, or other cause, it shall not be replaced by a mobile home or any such nonconforming structure.
(ii) 
In the event of partial destruction of a mobile home by fire, the elements, or other cause, where the damage does not exceed 40% of the current value thereof, and the destruction and repair occur prior to December 31, 1985, reconstruction will be permitted but the function of the nonconforming use cannot be expanded and the repaired structure shall meet the requirements of paragraph (b) above.
(iii) 
In the event of partial destruction of a mobile home by fire, the elements, or other cause where the damage does not exceed 40% of the current value thereof and the destruction occurs after December 31, 1985, the nonconforming structure shall not be replaced by a mobile home or any such nonconforming use.
(d) 
Sale:
In the event of a sale of a nonconforming mobile home prior to 1985, the requirements of paragraph (b) above shall become effective for such mobile home at the time of sale.
(Ordinance 27 adopted 3/13/80; Ordinance 27A, sec. 3, adopted 7/23/96)

§ 5 NUISANCE.

Any mobile home parked in violation of the terms and provisions of this ordinance is hereby declared to be a public nuisance, and the appropriate officers of the city are hereby authorized to initiate any action which may be necessary to restrain or abate such violation. Unless otherwise specified by the Director of Public Health, owners of mobile homes lawfully parked at the time of the passage of this ordinance shall during the period of time specified above bring the mobile home and the real estate upon which it is placed to a conforming status with respect to the rule[s] and regulations which may be passed by the City Council of Grey Forest.
(Ordinance 27 adopted 3/13/80)

§ 6 VIOLATIONS.

Violations of this ordinance shall hereafter be punished by a penalty of a fine of not less than Twenty-five Dollars ($25.00) or more than Two Hundred Dollars ($200.00) and the caption of this ordinance shall be published in the city’s official newspaper for the period of time prescribed by law. Each day such violation continues may be punished as a separate offense.
Editor’s note–Ord. 27A, sec. 2, amended Ord. 27 but did not specify a section number. Inclusion of such provisions as replacing section 6 was at the discretion of the editor.
(Ordinance 27A, sec. 2, adopted 7/23/96)

§ 7 VARIANCES FOR NONCONFORMING MOBILE HOMES.

1. 
Ordinance Number 27a passed and approved July 23, 1996 is hereby amended in part as set below to provide for variances by the City Council to the standards which must be met by the nonconforming mobile homes by February 1, 1997 and prescribing the procedure therefor.
2. 
The following procedure for the variances prescribed above shall be as follows:
(a) 
The City Council is hereby given sole authority to grant variances to the standards which must be met by nonconforming mobile homes by February 1, 1997 as set out in the original Ordinance Number 27 passed and approved March 13, 1980 as amended by Ordinance Number 27a passed and approved July 23, 1996.
(b) 
The City Council in deciding whether to grant or refuse such variance shall consider each case on a separate basis and than make such determination as to whether to grant a variance and the kind of variance to grant based on the facts of each particular case.
(c) 
Those owners of nonconforming mobile homes in the city who wish a variance from the standards of Ordinance No. 27 (which must be met by February 1, 1997) must file a written application for such variance on or before January 14, 1997, and earlier if possible, and such application shall be in writing and addressed to the City Council of the City of Grey Forest, Texas, and be filed with the City Secretary. It shall in every case have attached to it at least two photographs of the site in question from at least two different angles showing the existing mobile home and also have attached to said application a site plan or drawing if there is to be any relocation of said mobile [home].
(d) 
Said application shall not only ask for a variance but shall specify expressly and with great particularity such variance or variances from the standards of the ordinance desired by the applicant and set forth in detail what the applicant proposes to do to improve the sightliness, safety, and durability and usefulness of such nonconforming mobile home.
(e) 
As received, the City Council will schedule a hearing on such variance application or applications for its first regular monthly council meeting thereafter provided that the application is filed no later than two (2) weeks prior to said meeting; otherwise the application will be heard at the next regular monthly council meeting. A public hearing will be held when the council by majority vote of any quorum present shall either grant or deny the application, and if such variance is granted, it shall plainly state the conditions thereof. Within five (5) days after said council meeting, if the variance is granted, the City Secretary shall write to the applicant stating the action of the council and setting out in detail conditions of the variance granted, if any. If not granted, the City Secretary within the same time frame shall write to the applicant and state officially in writing that the same has been denied and remind the applicant that it must conform by February 1, 1997.
3. 
The action taken by the City Council on any given application shall not be considered in any way, shape or form to constitute a precedent binding on the council in its decision making process as to any other application.
4. 
This ordinance shall take effect immediately upon its passage and approval as provided by law. Upon such approval a copy of this ordinance shall be mailed by the City Secretary to each and every owner of a nonconforming mobile home within the city limits.
Editor’s note–Ord. 27B amended Ord. 27A by adopting provisions relating to variances for nonconforming mobile homes, but did not specify the manner of inclusion. Designation of such provisions as section 7 was at the discretion of the editor.
(Ordinance 27B adopted 9/24/96)