(a)   Manufactured housing land lease communities created on or after December 1, 2006, shall be required to be licensed in accordance with the standards in this chapter. It shall be unlawful for any person to connect utilities to or to occupy a manufactured home in a new manufactured home land lease community within the city limits unless the community is duly licensed under the terms of this article.

   (b)   Licenses shall be issued and renewed annually by the city manager. Application for a license shall be made in writing, signed by the applicant, and accompanied by an affidavit of the applicant as to the truth of the application. Applications shall include the name and address of the applicant, the location and legal description of the community, and a master plan of the community. Additionally, a deposit fee, based on the proposed number of lease lots within the community, will be required at time of application.

   (c)   The chief building official, or his designee, shall renew licenses annually following a satisfactory inspection of the property for compliance with this article. Whenever, upon inspection of the property, the chief building official finds conditions or practices which are in violation of this article, written notice shall be given to the license holder. The notification shall state that such conditions or practices must be corrected within a specified period of time, based on the nature and severity of the violation. At the end of the specified time, the chief building official shall re-inspect the property for compliance. Failure to correct the conditions or practices within the specified time shall result in a suspension of the license. The license holder will be issued written notice of the suspension. Upon receipt of the notice of suspension, such person shall cease operation of the manufactured housing land lease community.

   (d)   A manufactured housing land lease community which does not conform to the regulations of the zoning district in which it is located shall be deemed a nonconforming use and subject to article XXX of this chapter. A lapse of a current license shall be considered as an abandonment of the nonconforming status.

(Code 2014, § 46-798; Ord. No. 629, § 01.26.001, 12-1-2006)

The chief building official, or his designee, is hereby authorized to make such inspections as are necessary to determine satisfactory compliance with this article. The chief building official, or his designee, shall have the authority to enter upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter. It shall be the duty of the land lease community management to give access to the inspector to all lots during normal business hours.

(Code 2014, § 46-799; Ord. No. 629, § 01.26.002, 12-1-2006)

New development of a manufactured housing land lease community shall require a conditional use permit (CUP) from the planning and zoning commission. The planning and zoning commission may place additional conditions on the site where it deems necessary to do so to protect the health, safety and general welfare of the public and where such conditions will promote and uphold the city's comprehensive plan. The planning and zoning commission may also take into consideration the proposed location of the manufactured housing land lease community in relation to present and anticipated future land use. The criterion in article XXIII of this chapter will govern the issuance of conditional use permits in the following zoning districts:

 

 

(Code 2014, § 46-800; Ord. No. 629, § 01.26.003, 12-1-2006)

   (a)   Housing type standards. To ensure the protection of the health, safety, and general welfare of the public, only HUD-Code manufactured homes, as defined by this chapter, shall be permitted to locate within manufactured housing land lease communities. Mobile homes and recreational vehicles, as defined by this chapter, shall not be permitted within a manufactured housing land lease community.

   (b)   Skirting requirements. To ensure the protection of the health, safety, and general welfare of the public, all manufactured homes shall have skirting permanently installed and extending to the ground. Skirting material is to be a durable, exterior material consistent with the exterior cladding of the home. All tow bars, wheels and axles shall be removed when the manufactured home is installed.

   (c)   Foundation requirements. To ensure the protection of the health, safety, and general welfare of the public, all manufactured homes within manufactured housing land lease communities shall be installed on a properly engineered foundation system which meets the manufacturer's installation requirements and the Texas Manufactured Housing Standards Act (V.T.C.A., Occupations Code ch. 1201).

   (d)   Maximum density standards. To provide adequate privacy and to ensure the protection of the health, safety, and general welfare of the public, the density of any manufactured housing land lease community shall be no greater than eight units per acre.

   (e)   Front setback requirements. A setback area facing and abutting a street and/or sidewalk and extending across the front of a lot between the side lot lines and having a minimum horizontal depth of ten feet is required. The setback shall be measured from the inside edge of the adjacent pavement, to the face of the manufactured home.

   (f)   Rear setback requirements. A setback area located on a lot extending across the rear of the lot between the side lot lines and having a minimum horizontal depth of ten feet is required. The setback is measured from the rear lot line to the face of the manufactured home.

   (g)   Building separation requirements. To provide adequate privacy and to ensure the protection of the health, safety, and general welfare of the public, separation between manufactured homes shall be a minimum of 20 feet. Separation between manufactured homes shall be measured from the face of each structure. Separation between manufactured homes and accessory structures or between accessory structures (i.e., storage buildings, detached carports or garages) shall be a minimum of ten feet, and shall be measured from the structure's eaves.

   (h)   Common open area requirements. To provide adequate recreational area for the residents of a manufactured housing land lease community, the following standards shall apply:

      (1)   For communities with fewer than 20 lease lots, no minimum open recreational area will be required; and

      (2)   For communities with greater than 20 lease lots, a minimum of 250 square feet per lease lot will be required to be dedicated, improved and maintained for the recreational use of the residents of the community. The area dedicated for common open areas shall not include the yard space of individual lease lots, street rights-of-way, required buffer areas or parking areas. The common open areas required shall be disbursed throughout the community to provide safe and easy access to all residents. No common open area shall be further than 500 feet from any dwelling unit within the community.

   (i)   Screening requirements. To conserve and protect the privacy and value of adjacent properties, a screening fence is required for all manufactured housing land lease communities. The criterion in article XXII of this chapter, will govern the location, materials and maintenance of the screening fence.

   (j)   Buffer area requirements. To conserve and protect the privacy and value of adjacent properties, buffer areas shall be required for all manufactured housing land lease communities. The criterion in article XXI of this chapter, will govern the depth of side and rear buffer setbacks. In addition, a minimum 50-foot landscaped buffer area shall be provided along main entrances to the community from public rights-of-way. These buffer areas shall be landscaped in accordance with all other applicable sections and/or ordinances.

   (k)   Landscaping requirements. Landscaping requirements for entry areas, common recreational areas, and buffer areas shall be the same as required for commercial developments in the city. The criteria set forth in all other applicable sections and/or ordinances will govern the standards for landscaping. In addition to these requirements, the land lease community shall be required to provide and maintain a minimum of one canopy tree (at minimum two-inch-caliper size), either existing or new, for each individual lease lot.

   (l)   Public street requirements. Standard accepted construction practices will govern the standards for public streets within manufactured housing land lease communities.

   (m)   Private street requirements. Private streets within a manufactured housing land lease community shall have a minimum width of 20 feet and be constructed of concrete or asphalt. Design of private streets shall be reviewed and approved by the city. Block length between intersections of through streets shall not exceed 1,200 feet. Private streets shall be named and numbered in accordance with addressing standards for emergency vehicle access.

   (n)   Public walkway requirements. Public walkways shall be installed by the developer to provide access from each lease lot to all public amenities within the manufactured housing land lease communities, including, but not limited to, visitor parking, community buildings, common open areas, etc. Public walkways shall be constructed of all-weather materials and meet all applicable handicap accessibility guidelines. Public walkways must be physically separated from streets.

   (o)   Parking requirements. The following standards apply to parking required for individual lease lots as well as separate spaces designated for visitor parking. No on-street parking shall be allowed within manufactured housing land lease communities.

      (1)   Residential parking. To provide adequate residential parking, each lease lot shall accommodate the following:

         a.   Single wide lots. A minimum of two vehicles on a paved surface by providing one of the following options:

            1.   A two car carport or garage;

            2.   A driveway measuring 12 feet wide by 37 feet deep; or

            3.   A driveway measuring 18 feet wide by 18 feet and six inches deep. Driveway dimensions shall be measured from the interior edge of paving or sidewalk.

         b.   Double wide lots. A minimum of three vehicles on a paved surface by providing one of the following options:

            1.   A three car carport or garage;

            2.   A driveway measuring 12 feet wide by 55 feet and six inches deep; or

            3.   A driveway measuring 27 feet wide by 18 feet and six inches deep. Driveway dimensions shall be measured from the interior edge of paving or sidewalk.

      (2)   Visitor parking requirements. To provide adequate visitor parking, a minimum of one parking space per four lease lots shall be provided in common parking areas. The parking and circulation criterion in article XIX of this chapter will govern the design and standards for common parking areas.

   (p)   Storage requirements. To provide adequate and safe storage of personal items, a storage building providing a minimum of 80 square feet of storage shall be provided on each lease lot. Storage buildings shall be of uniform and consistent design among all lease lots, and are to be placed on the lot in such a manner to ensure adequate separation between structures. No storage is to be permitted underneath the manufactured home.

   (q)   Floodplain requirements. To provide adequate protection against flooding, all manufactured land lease communities shall be in compliance with FEMA requirements.

   (r)   Fire protection. The manufactured housing land lease communities shall be subject to the rules and ordinances of the city fire prevention authority and codes.

   (s)   Water supply. Individual water riser pipes shall be so located on each lease lot so that the water connection to the manufactured home will approximate a vertical position. Water connections shall include a cut-off valve before the line enters the home.

   (t)   Sanitary sewer requirements. All sewer lines shall be located in trenches of sufficient depth to be free of breakage and be separated from the water supply system by a safe distance. Sewers shall be at a grade that will ensure a velocity of two feet per second when flowing full. All sewer lines shall be constructed of materials in accordance with the accepted construction standards, have watertight joints, and shall be adequately vented. Each manufactured home shall be provided with at least a four-inch-diameter sewer riser pipe. The sewer riser pipe shall be so located on each lease lot so that the sewer connection to the manufactured home drain outlet will approximate a vertical position. The sewer connection shall have a nominal inside diameter of at least three inches, and the slope of any portion thereof shall be at least one-quarter inch per foot. The sewer connections shall consist of one pipeline only without any branch fittings. All materials used for sewer connections shall be semi-rigid, corrosive resistant, nonabsorbent and durable. Provisions shall be made for plugging the sewer riser pipe when a manufactured home does not occupy the lease lot. Surface drainage shall be diverted away from riser. The rim of the riser pipe shall extend at least two inches above the ground elevation.

   (u)   Electrical requirements. The power supply to a manufactured housing land lease community shall be installed and maintained in accordance with the adopted electrical code. All manufactured housing land lease communities and every manufactured home within shall contain an electrical wiring system consisting of wiring, fixtures, equipment, and appurtenances which shall be installed and maintained in accordance with the current edition of the National Electrical Code governing such systems. The city shall make inspection of the service connections to the manufactured home.

(Code 2014, § 46-801; Ord. No. 629, § 01.26.004, 12-1-2006)