Mercedes City Zoning Code
ARTICLE 34
MANUFACTURED HOME PARKS AND SUBDIVISIONS; RECREATIONAL VEHICLE PARKS
§ 1 Definitions.
Section 1.01 Park
means Manufactured Homes and/or Recreational Vehicle (RV) park.
Section 1.02 Person
means any natural individual, firm, trust, partnership, association or corporation.
Section 1.03 Manufactured Home or Recreational Vehicle
means any vehicle or similar portable structure having no foundation other than wheels, jacks, blocks, or skirtings, and so designed or constructed as to permit occupancy for dwelling or sleeping purposes.
Section 1.04 Independent Manufactured Home or Recreational Vehicle
means a manufactured home or Recreational Vehicle which has a flush toilet and a [bath] or shower.
Section 1.05 Dependent Manufactured Home or Recreational Vehicle
means a manufactured home or recreational vehicle which does not have a flush toilet and a [bath] or shower.
Section 1.06 Manufactured Home and/or Recreational Vehicle Park
means any plot of ground upon which one or more homes or recreational vehicles, occupied for [dwelling] or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.
Section 1.07 Manufactured Home and/or Recreational Vehicle Lot
means a plot of ground within a manufactured home and/or recreational vehicle park designed for the accommodations of one manufactured home or recreational vehicle.
Section 1.08 Manufactured Home or Recreational Vehicle Subdivision
means a subdivision designed and intended for residential use, where residence is permitted in manufactured homes or recreational vehicles, each manufactured home being located on a separate lot. Such subdivision could retain a central management and could be operated as a condominium, retaining ownership of streets and common open spaces.
Section 1.09 Manufactured Home
means a permanent residence that is built in a factory and then installed on a lot.
Section 1.10 Recreational Vehicles (RV)
means a vehicle or trailer that's designed for temporary living while camping, traveling, or for seasonal use. RV's can have their own motor power or be towed or mounted on another vehicle. They are not intended for permanent or residential living.
(Ordinance 2025-12 adopted 5/27/2025)
§ 2 Licenses.
Section 2.01
License Required.
It shall be unlawful for any person to maintain or operate, within the limits of the City of Mercedes, any manufactured home and/or recreational vehicle park unless such person shall first obtain a license therefor.
Section 2.02
License Fees.
The annual license fee for each manufactured home and/or recreational vehicle park shall be $250.00 per year or fraction thereof. Such license cannot be transferred. Any new owner of the park or subdivision must apply for their own license and the annual license fee shall apply.
Section 2.03
Application for License.
Applications for a manufactured home and/or recreational vehicle park license shall be filed with the City Commission and upon approval by the City Commission, the Planning Department shall issue the license. Applications shall be in writing, signed by the applicant, and shall contain the following:
a.
The name and address of the applicant.
b.
The location and legal description of the manufactured home and/or recreational vehicle park.
d.
Plans and specifications of all buildings and other improvements constructed, or to be constructed with the manufactured home and/or recreational vehicle park.
e.
Such further information may be requested by the City Commission to enable it to determine if the manufactured home and/or recreational vehicle park will comply with the legal requirements.
The application and all accompanying plans and specifications shall be filed in duplicate and electronic format. The Planning Director, City Health Officer, and City Planning and Zoning Commission shall investigate the applicant, and inspect the proposed plans and specifications. Each of them shall then make a report to the City Commission concerning such applicants and include therein their recommendations relative to the issuance of license. If the manufactured home and/or recreational vehicle park will be in compliance with all provisions of this ordinance[1] and all other applicable ordinances or statutes, the City Commission may approve the application, and, in the case of proposed parks, make such approval contingent upon the completion of the park according to the plans and specifications submitted with the application. The City Secretary, at the direction of the City Commission, shall inform the Planning department to issue the license.
The building official, the city health director, the fire chief, the police chief and the tax assessor-collector shall have the power, after notification within 48 hours to the park owner or manager, to enter during regular business hours upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter. The building official, the city health director, the fire chief, the police chief and the tax assessor-collector are hereby authorized and directed to make such inspections as are necessary to determine compliance with this chapter.
Section 2.04
Manufactured Home and/or Recreational Vehicle Outside Licensed Parks.
It shall be unlawful for any person to locate or maintain any such manufactured home and/or recreational vehicle in any place in the City of Mercedes other than a duly licensed and lawful manufactured home and/or recreational vehicle park or manufactured home subdivision, except those manufactured homes and/or recreational vehicles already located prior to enactment of this ordinance.
Section 2.05
Revocation of License.
The City Commission may revoke any license issued under this ordinance in case any of the provisions hereof are violated. However, before said license may be revoked, the City Commission must give ten (10) [days'] notice to the holder of said license and hold a hearing thereon. After said license has been revoked, the license may be re-issued if the reasons for said revocation have been duly corrected.
Section 2.06
Transfer and Duration.
Upon application for a transfer of the license, the new owner is required to fill out an application as a new applicant. The annual fee will apply. Such license may be granted at any time during the year and shall expire at the end of the fiscal year of the City of Mercedes, unless previously revoked or terminated. Applications turned in mid-year should be pro-rated.
Section 2.07
Posting of License.
The license certificate shall be conspicuously posted in the office of or on the premises of the manufactured home and/or recreational vehicle park office at all times.
(Ordinance 2025-12 adopted 5/27/2025)
§ 3 Physical requirements of manufactured home and/or recreational vehicle parks.
Section 3.01
Manufactured Home and/or Recreational Vehicle Park Plan.
The manufactured home and/or recreational vehicle park shall conform to the following requirements:
a.
The park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.
b.
One Manufactured home or vehicle per lot, whether residential or recreational; or one site-built, single-family home per lot, provided that single-family, site-built homes are permitted under any applicable deed restrictions that are in full force and effect at the time of adoption of this amendatory ordinance.[1] Site-built, single-family homes shall meet all restrictions of the (R-1) single-family residential district.
c.
Area Requirements:
(a)
Total Area: Minimum of 4 acres, including half the width of bordering streets.
(b)
Manufactured Home/Trailer Park Lot Size: Minimum of 6,000 square feet per lot.
(c)
Dwelling Units: Only one single-family dwelling unit permitted per lot.
(f)
Separation Between Structures (on same lot/parcel): Minimum 10 feet.
(g)
Parking Setback: Minimum 18 feet from the public right-of-way to any required parking area (open, covered, or enclosed), unless otherwise specified by the Planning and Zoning Commission.
(h)
Structure Height: Maximum 25 feet.
(i)
Parking: Minimum of 2 paved off-street parking spaces per lot.
d.
All Manufactured home and/or Recreational Vehicle lots shall abut upon a driveway of not less than thirty (30) feet in width which shall have unobstructed access to public street, alley or highway. All driveways shall be hard surfaced, well-marked in the daytime, and lighted at night. The minimum quality of such driveway surfacing shall be a two-course hot top surface.
e.
Walkways not less than four (4) feet wide shall be provided from the Manufactured home and/or Recreational Vehicle lots to the service buildings. The walkway shall be hard surfaced, as that term is defined in the preceding paragraph, well-marked in the daytime and lighted at night. Walkways, when clearly designated, may be contiguous with access drives.
f.
Additional requirements may be imposed following the Fire Department's review of the proposed project.
Section 3.02
Location.
a.
Manufactured home parks, recreational vehicle parks and/or manufactured home subdivisions shall not be located in districts "R-1," "R-2," or "B1."
b.
Manufactured home parks, Recreational Vehicle parks and/or Manufactured home subdivisions must comply with the current zoning requirements and regulations.
Section 3.03
Manufactured Home Subdivision.
The minimum lot area in a Manufactured home subdivision shall be 6,000 square feet. All corners of each Manufactured home lot in a subdivision shall be visibly marked by a permanent marker. Side yard variance shall be five feet all sides.
Section 3.04
Access and Exit.
a.
Access to the manufactured home or trailer park shall be from an arterial highway or secondary thoroughfare. The number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, and no Manufactured home or trailer space shall be designated for direct access to a street outside the boundaries of the Manufactured home or trailer park, and the interior access drives shall be at least twenty-five (25) feet in width. In a Manufactured home subdivision, the street shall meet all City requirements as to width, curbs, and gutters as set forth in the Platting Ordinance.
b.
The Manufactured home park shall be surrounded by a landscaped strip of open space ten (10) feet wide along the street frontage with an arterial highway and ten (10) feet wide along all other lot lines or street frontage.
c.
Off-street parking spaces in Manufactured homes or trailer parks shall be paved in concrete or two course asphalt and shall be provided in the ration of two (2) spaces per trailer in locations convenient to individual trailers or groups of trailers. In manufactured home subdivisions there shall be at least two (2) parking spaces per lot.
d.
Proper provision shall be made for public water supply, sanitary sewers, fire protection, refuse collection, laundry, toilet and bathing facilities; and all such provisions shall be in full compliance with the Department of Public Works and the City-County Health Department.
e.
A manufactured home park may be converted to a manufactured home subdivision provided it is re-platted and that all conditions pertaining to manufactured home subdivisions are met.
f.
Single-Family detached dwellings shall not be permitted on lots within a manufactured home subdivision.
g.
Outside lighting shall be erected in such a manner that it not be detrimental to or project onto adjacent properties.
h.
Internet connectivity shall be provided to all residents in the manufactured home park, Recreational Vehicle park and/or manufactured home subdivision.
i.
Outdoor advertising shall be restricted by the zoning district in which the park or subdivision is situated.
j.
The provisions of this section shall not apply to manufactured home or trailer parks in existence and operation in compliance with existing ordinances and laws at the time of the passage of this amendment; they shall be treated as nonconforming uses insofar as the requirements of this section are concerned.
k.
All new owners of [a] new or already established manufactured home park, Recreational Vehicle park, and/or manufactured home subdivision must comply with the current zoning regulations and requirements.
Section 3.06
Maintenance.
Every person owning or operating a manufactured home and/or Recreational Vehicle park shall maintain such park, and any facilities, fixtures, and permanent equipment in connection therewith, in a clean and sanitary condition and shall maintain said equipment in a state of good repair. Any repairs to the manufactured home and/or Recreational Vehicle must meet wind requirements and original manufacturers standards set by the US Department of Housing and Urban Development (HUD).
Section 3.07
Additional Construction.
It shall be unlawful for any person operating a Manufactured home and/or Recreational Vehicle park shall maintain [sic] or occupying a Manufactured home or Recreational Vehicle to construct or permit to be constructed in such park, or in connection with such Manufactured home or Recreational Vehicle any addition, structure, building or shelter in connection with or attached to a Manufactured home or Recreational Vehicle, except, however, awnings of canvas or metal, suitably constructed, may be attached to said Manufactured homes or Recreational Vehicles, as well as [a] portable, prefabricated, temporary room, for the express purpose of increasing Manufactured home or Recreational Vehicle living area, commonly called "Cabana," which meet the following requirements:
a.
Of metal only, fire resistive, double wall, mechanical joint panels (no welded joints between panels permitted);
b.
Strength of material and structure to meet minimum standards of the City Building Code;
c.
Capable of being dismantled when moved;
d.
Such rooms shall be completely dismantled and removed from the site at the time the Manufactured home or Recreational Vehicle to which it is accessory is moved;
e.
Finish and appearance to be as near the same as possible to the Manufactured home or Recreational Vehicle to which it is accessory;
f.
The length must not exceed the length of the Manufactured home or Recreational Vehicle to which it is accessory; and
g.
Only one such room per Manufactured home or Recreational Vehicle shall be permitted;
h.
Owner must erect a structure of fencing around the perimeter of the Manufactured home, Recreational Vehicle or Manufactured subdivision park. The fence should be maintained in great condition.
Section 3.08
Office Building.
Each Manufactured home and/or Recreational Vehicle park shall be provided with a building to be known as the office in which shall [be kept] copies of all records pertaining to the management and supervision of the park, as well as all rules and regulations of the park, and such records, rules and regulations to be available for inspection by law enforcement officers, public health officials, and other officials whose duties necessitate acquisition of the information contained therein. The office must be a separate building and separate lot and must be a permanent structure, independent from the living quarters.
§ 4 Operating of manufactured home and/or recreational vehicle parks.
Section 4.01
Rules and Regulations for Park.
It shall be the duty of the owner, his agent, representative or manager to prescribe rules and regulations for the management of the park; to make adequate provisions for the enforcement of such rules; and to subscribe to any and all subsequent rules and regulations which may be adopted for the management of such park. Copies of all such rules and regulations shall be furnished to the City Commission. In addition, thereto, it shall be the duty of the owner, his agent, representative or manager to comply strictly with the following:
§ 5 Facilities and services.
Section 5.01
Water Supply and Sanitary Sewer.
All Manufactured homes to be properly connected to an approved water, sewer, electrical and internet system. Each Manufactured home lot must have their own water meter.
Section 5.02
Fuel-Manufactured Home and Trailer Park.
Bottled gas for cooking purposes shall not be used at individual Manufactured home or Recreational Vehicle lots unless the containers are properly connected by copper or other suitable metallic tubing. Bottled gas cylinders shall be securely fastened in place. No cylinder containing bottled gas shall be located in a Manufactured home or Recreational Vehicle or within five (5) feet of a door thereof. State and local regulations applicable to the handling of bottled gas and fuel oil must be followed.
Bottled gas cannot be used in a Manufactured home subdivision. Bottles to be removed from trailer if natural gas is available.
(Ordinance 2025-12 adopted 5/27/2025)
§ 6 Penalty provisions.
Section 6.01
Penalty.
Any person, firm, or corporation violating this ordinance[1] or any portion thereof shall upon conviction be guilty of a misdemeanor and shall be fined not less than $250.00 nor more than $500.00 and each day that such violation continues shall be considered a separate offense and punishable accordingly.