Pittsburg City Zoning Code
SECTION XII
MHP - HUD-CODE MANUFACTURED HOME PARK DISTRICT
§ 1 DEFINITIONS.
For the purposes of this chapter [section], the following terms shall have the meanings respectively ascribed to them:
A six-foot fence that serves to block direct pedestrian access or visibility[.]
The City of Pittsburg Chief Building Official and Inspector or their designee[.]
Texas Department of Housing and Community Affairs operating its manufactured housing division.
The executive director of the manufactured housing division of the Texas Department of Housing and Community Affairs.
A building designed for exclusive occupancy by one family and occupied exclusively by one family[.]
As per Section 1201.453 of the Texas Occupations Code, means manufactured housing is habitable only if:
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 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 one-family dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems that are required by the Texas Occupations Code Title 7 and the City of Pittsburg adopted building codes. The term does not include a recreational vehicle.
means a person, including a retailer or manufacturer, who contracts to perform or performs, an installation function on manufactured housing.
means a device or insignia that is:
Issued by the director to indicate compliance with the standards, rules, and regulations established by the United States Department of Housing and Urban Development; and
Permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer[.]
Any person licensed to operate and maintain a HUD-code manufactured home park under the provisions of this chapter.
A unified development of HUD-Code manufactured home spaces arranged on a tract of land under one (1) ownership, meeting all requirements of the zoning ordinance and this chapter [section].
A plot of ground within a manufactured home park designed for the accommodation of one (1) mobile home.
The person in charge of operating any HUD-code manufactured home park, either under written or verbal lease, or any other arrangement whereby such person exercises control over the premises.
The person in whose name the title to the lot, block, tract or parcel of land is shown to be.
A HUD-Code Manufactured Home Moving and Compliance Permit, as described in Article 1 Section 7 [Section XII, Article 1, Section 7] of this ordinance.
Any person to whom has applied for, on an official form, and been issued a HUD-code Manufactured Home Moving and Compliance Permit giving them authorization to move a HUD-code manufactured home within a designated area of the city.
A manufactured home determined to be salvaged under Section 1201.461 of the Texas Occupation Code Title 7.
means a manufactured material intended for skirting a manufactured home to conceal the foundation system. The skirt shall be constructed of manufactured skirting material intended for skirting a manufactured home, a vinyl siding material with a rigid backing, a material matching and equivalent to the manufactured home siding, pressure-treated wood or a commercial masonry facing system which shall be adequately framed on all 4 sides of the structure.
means a statement issued by the “department” and setting forth:
The ownership of a manufactured home in the state of Texas as provided by Section 1201.205 of the Texas Occupation Code; and
Issued by the Texas Department of Housing and Community Affairs; and
Includes other information required by section 1201.205 of the Texas Occupation Code, such as HUD label and serial numbers, previous and current owners, physical location, manufactured date.
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 2 PURPOSE.
The purpose of this chapter [section] is to provide for the orderly, safe and healthful regulations of the currently zoned and established manufactured home parks within the city and the city’s extraterritorial jurisdiction, and to establish appropriate regulations pertaining to HUD-code Manufactured Homes placed in an established HUD-code Manufactured Home Park Zoning District.
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 3 COMPLIANCE IN MANUFACTURED HOME PARKS.
No person shall create a HUD-code manufactured home park within the city or within the extraterritorial jurisdiction. Manufactured homes shall only be permitted within the established HUD-code Manufactured Home Park District (MHP) within the city. All HUD-code manufactured homes and parks shall conform to the rules and regulations as set forth herein and in such other city ordinances as may be applicable.
Permits for HUD-Code manufactured homes to be placed in an existing HUD-code manufactured home park shall not be issued if the regulations set forth in Article II of this ordinance [section] are not maintained and/or violated even if the manufactured home meets the regulations set forth in Article III of this ordinance [section].
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 4 VIOLATIONS.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance or continues to operate a manufactured home or park under an expired or revoked license or permit shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not more than $500.00 for each offense. Each day for which the violation continues shall constitute a separate offense. Such punishment shall be in addition to any license/permit revocation and disconnection of utilities. See Section XXXV for violation and penalties and enforcement.
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 5 LOCATION OF MANUFACTURED HOME IN PROPER ZONING DISTRICT.
HUD-code manufactured homes may be located only in areas duly zoned “MHP” (HUD-CODE MANUFACTURED HOME PARK DISTRICT) and then only when it is shown that the owner, operator, licensee or permittee intends to operate the area as a manufactured home park as set forth in this ordinance and the manufactured home meets the regulations set forth in this ordinance and the city’s building codes; and it shall be unlawful for any person to locate, maintain or live in any mobile home or manufactured home otherwise than as so authorized in this ordinance.
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 6 EXISTING NONCONFORMITY.
Any mobile or manufactured home in place in an area other than one (1) zoned “MHP” on the effective date of the ordinance from which this section is derived may remain in place until removed, and it may not be replaced.
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 7 PERMITS.
b.
Any owner, operator, licensee shall be required to obtain a permit from the city prior to moving a HUD-code manufactured home within the city. The city Building Official will, upon receipt of completed application, on a form provided by the City of Pittsburg, will conduct all proper inspections prior to moving a HUD-code manufactured home. The city Building Official has the authorization to require and ensure the structure meets the city building codes and all regulations set forth in this ordinance, to require that the HUD-code manufactured home was constructed according to the rules of the United States Department of Housing and Urban Development and is Habitable as defined in the Texas Occupation Code and in this ordinance. A permit will not be issued if the manufactured home does not meet the regulations of this ordinance, wasn’t constructed according to the rules of the United States Department of Housing and Urban Development, doesn’t meet city building codes, and is not Habitable as defined in this ordinance and the Texas Occupation Code. A current statement of ownership, as defined in Section 1201.205 in the Texas Occupation Code, issued by TDHCA will be required as part of the application and permit requirements. Failure to provide a current Statement of Ownership will result in a denied permit. A non-refundable application fee of $125.00 will be required for each application.
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 8 HABITABILITY OF HUD-CODE MANUFACTURED HOME.
Notice will be issued by the city Building Official to any operator, owner, licensee, occupant of any HUD-code manufactured home determined not habitable by the city Building Official as defined by Section 1201.453 of the Texas Occupation Code Title 7 and as set forth in this ordinance or determined to be substandard by city code Chapter 3 Article 3.03 Dangerous or Substandard [Buildings]. Notice will identify the reason for not being habitable and the required repairs needed to become habitable. The notice will determine the amount of time to repair before the Building Official sends notice of violation and disconnects utilities and the operator, owner, licensee, occupant is subject penalties of this ordinance. The building official or fire inspector or their designee has the all authorization given to them in this ordinance and as described in the Renovation Permit[.]
If the Building Official allows for a manufactured home to be repaired, the operator, owner, licensee, occupant shall be subject to a renovation permit from the city Building Official.
a)
The renovation permit will require the manufactured home to conform to the regulations set forth in this ordinance and the Texas Occupation Code.
b)
The renovation permit applicant will be subject the regulations, fees, and procedures of the city’s building application.
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 9 SALVAGED HUD-CODE MANUFACTURED HOME.
Notice will be issued by the city Building Official to any operator, owner, licensee, occupant of any HUD-Code manufactured home determined to be salvaged by the city Building Official as defined by Section 1201.461 of the Texas Occupation Code Title 7. The notice will include the legal description of the manufactured home that is salvaged and that city utilities will be disconnected.
Any appeal by the operator, owner, licensee, occupant of a salvaged manufactured home must submit a letter from the Director or a licensed HUD-Code Inspector stating that the manufactured home passes inspection and complies with the rules of the Director.
A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer’s license and complies with the rule of the director relating to rebuilding a salvaged manufactured home. The operator, owner, licensee, occupant will be required to move the salvaged manufactured home from the city.
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 10 CERTIFICATE OF OCCUPANCY.
Any owner, operator, licensee, and occupant shall be required to obtain a certificate of occupancy from the city prior to turning on utilities and occupying the structure. The city Building Official and Fire Inspector has the authorization to conduct inspections as per the regulations set forth in this ordinance, the city building codes, state fire codes and the Texas Occupation Code. Any time a change of occupants, owners, or water service the structure will be required to receive a new certificate of occupancy from the city upon the completion of a customer service inspection from the building and fire inspectors. If a certificate of occupancy is not issued, utilities will not be connected, and the owner, operator, licensee, and occupant is subject to the violations and penalties of this ordinance. All provisions of this ordinance must be met, and the passing of both the building and fire inspections will be required to receive a certificate of occupancy.
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 11 HABITABILITY OF HUD-CODE MANUFACTURED HOME.
Notice will be issued by the city Building Official to any operator, owner, licensee, occupant of any HUD-code manufactured home determined not habitable by the city Building Official as defined by Section 1201.453 of the Texas Occupation Code Title 7 and as set forth in this ordinance or determined to be substandard by city code Chapter 3 Article 3.03 Dangerous or Substandard [Buildings]. Notice will identify the reason for not being habitable and the required repairs needed to become habitable. The notice will determine the amount of time to repair before the Building Official sends notice of violation and disconnects utilities and the operator, owner, licensee, occupant is subject penalties of this ordinance. The building official or fire inspector or their designee has the all authorization given to them in this ordinance and as described in the [sic]
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 12 RENOVATION PERMIT.
If the Building Official allows for a manufactured home to be repaired, the operator, owner, licensee, occupant shall be subject to a renovation permit from the city Building Official.
a.
The renovation permit will require the manufactured home to conform to the regulations set forth in this ordinance and the Texas Occupation Code.
b.
The renovation permit applicant will be subject the regulations, fees, and procedures of the city’s building application.
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 13 SALVAGED HUD-CODE MANUFACTURED HOME.
a.
Notice will be issued by the city Building Official to any operator, owner, licensee, occupant of any HUD-Code manufactured home determined to be salvaged by the city Building Official as defined by Section 1201.461 of the Texas Occupation Code Title 7. The notice will include the legal description of the manufactured home that is salvaged and that city utilities will be disconnected.
b.
Any appeal by the operator, owner, licensee, occupant of a salvaged manufactured home must submit a letter from the Director or a licensed HUD-Code Inspector stating that the manufactured home passes inspection and complies with the rules of the Director.
c.
A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license and complies with the rule of the director relating to rebuilding a salvaged manufactured home. The operator, owner, licensee, occupant will be required to move the salvaged manufactured home from the city.
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 14 DESIGNED AND INTENDED USE OF HUD-CODE MANUFACTURED HOME.
If the city Building Official determines that the manufactured home is being used other than for the intended and designed purpose as a one-family dwelling, the operator, owner, licensee, and occupant will be subject to the rules and regulations of this ordinance and the city zoning ordinances including the disconnection of utilities and penalties.
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 15 ENFORCEMENT.
a.
Authority of building official.
The building official is authorized to enforce the provisions of this article. The building official shall have the power to render interpretations of this article and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this article.
b.
Inspections.
The building official and the fire marshal or their designees are authorized to make such inspections and take such actions as may be required to enforce the provisions of this article.
c.
Right of entry.
When it is necessary to make an inspection to enforce the provisions of this article, or when the building official or his designee has a reasonable cause to believe that there exists in a building or upon premises a condition which is contrary to or in violation of this article which makes the building or premises unsafe, dangerous or hazardous, the building official or his designee may enter the building or premises at reasonable times to inspect or perform the duties imposed by this article; provided that, if such building or premises be occupied, credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official or his designee shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 16 PENALTY.
See section XXXV for violations and penalty
§ 1 DRAINAGE OF SITE.
Each HUD-code manufactured home park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from standing pools of water.
(Ordinance 550 adopted –/–/–; Ordinance 551C adopted 11/15/99; Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 2 MINIMUM DIMENSIONS OF SPACES.
Manufactured home spaces shall be provided consisting of a minimum of two thousand (2,000) square feet for each space, which shall be at least thirty (30) feet wide and clearly defined; provided, however, HUD-Code manufactured home parks in existence on the effective date of the ordinance from which this section is derived, which provide manufactured home spaces having a width or area less than that hereinabove prescribed may continue to operate with spaces of the existing width and area, but in no event shall any mobile home space be less than twenty-five (25) feet wide and have an area of less than one thousand two hundred and fifty (1,250) square feet.
(Ordinance 550 adopted –/–/–; Ordinance 551C adopted 11/15/99; Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 3 CLEARANCE BETWEEN MOBILE HOMES AND SETBACKS.
Every HUD-Code manufactured home shall be separated from every other HUD-Code manufactured home, building or structure by at least fifteen (15) feet. Every HUD-Code manufactured homes shall be located at least twenty-five (25) feet from the property lines of the HUD-Code manufactured home park. The minimum distance between HUD-Code manufactured homes and the pavement of a HUD-Code manufactured home park street, common parking area, or other common area at any point shall be fifteen (15) feet.
(Ordinance 550 adopted –/–/–; Ordinance 551C adopted 11/15/99; Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 4 OFF-STREET PARKING.
Off-street parking facilities in the ratio of two (2) space[s] for each manufactured home space shall be provided in each mobile home park. Off-street parking, loading spaces and driveway standards shall be provided in accordance with the provisions of Section XXIII
(Ordinance 550 adopted –/–/–; Ordinance 551C adopted 11/15/99; Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 5 INTERNAL STREET.
An internal street constructed of a permanent surface shall be provided to each HUD-code manufactured home space. Each internal street shall be paved to a width of not less than twenty-eight (28) feet. The internal streets shall be continuous and connect with other internal streets or with public streets or shall be provided with a paved cul-de-sac having a diameter of eight (80) [sic] feet. No internal street ending in a cul-de-sac shall exceed four hundred (400) feet in length.
(Ordinance 550 adopted –/–/–; Ordinance 551C adopted 11/15/99; Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 6 MATERIALS, ILLUMINATION OF INTERNAL STREET.
The owner, operator, licensee of a HUD-Code manufactured home park shall provide security lighting on internal streets.
(Ordinance 550 adopted –/–/–; Ordinance 551C adopted 11/15/99; Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 7 HUD-CODE MANUFACTURED HOME PARK.
Subject to the following conditions:
a.
The maximum number of HUD-code manufactured homes spaces contained in any HUD-code manufactured home park shall be twenty (20) units.
b.
The average density of HUD-code manufactured homes in the HUD-code manufactured home park shall not exceed nine (9) units per gross acre excluding floodplains and other unused acreage.
(Ordinance 550 adopted –/–/–; Ordinance 551C adopted 11/15/99; Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 8 APPURTENANCES TO MOBILE HOMES.
It shall be unlawful for any person operating a HUD-code manufactured home park or occupying a manufactured home to construct or permit to be constructed in such park or in connection with such manufactured home any additional structure, building or shelter in connection with or attached to a manufactured home, except, however, awnings of canvas or metal, suitably constructed, may be attached to a manufactured home after receiving a required building permit from the city building official.
(Ordinance 550 adopted –/–/–; Ordinance 551C adopted 11/15/99; Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 9 BARRIER REQUIRED.
A solid wall or fence at least six (6) feet high shall be erected and thereafter properly maintained along all boundaries of the HUD-code manufactured home park.
(Ordinance 550 adopted –/–/–; Ordinance 551C adopted 11/15/99; Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 10 FIRE PROTECTION; OPEN FIRES.
HUD-Code manufactured home park shall follow the City of Pittsburg Bum [Burn] Ordinance. No fires shall be left unattended at any time. |
HUD-code manufactured homes are subject to a fire inspection prior to a Certificate of Occupancy being issued. |
(Ordinance 550 adopted –/–/–; Ordinance 551C adopted 11/15/99; Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 11 SUPERVISION OF PARK.
The owner, operator, or licensee or a duly authorized attendant or caretaker, shall be always in charge, and shall keep the manufactured home park, its facilities and equipment in a clean, orderly and sanitary condition. The owner, operator, licensee, or caretaker shall be answerable for the violation of any provision of this chapter [section].
(Ordinance 550 adopted –/–/–; Ordinance 551C adopted 11/15/99; Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 1 GENERALLY.
All HUD-code manufactured homes in the City of Pittsburg shall comply with the following regulations: A permit and/or certificate of occupancy shall not be issued or will be revoked if any of the following regulations or other regulations set forth in this ordinance or city building codes or state fire codes are not met.
1.
A permit issued by the city Building Official is required prior to moving a HUD-code manufactured home into the City of Pittsburg. The city Building Official will conduct an inspection of the structure to ensure compliance with the city building codes, the regulations of this ordinance, and is Habitable as defined in the Texas Occupation and this ordinance.
2.
A permit will not be issued to the operator, owner, licensee, or occupant if the HUD-Code manufactured home fails the city inspection.
3.
A certificate of occupancy is required to connect city utilities and to occupy the manufactured home. A certificate of occupancy will be required for each new water service or occupant. A certificate of occupancy will not be issued by the city Building Official if the structure is not habitable or fails to meet the regulations set forth in this ordinance or the city’s building codes and state fire codes upon the inspection by the fire and building inspector.
4.
The manufactured home shall be constructed according to the rules of the United States Department of Housing and Urban Development.
5.
The manufactured home shall have a “label” issued by the “director” to indicate compliance with the standards, rules, and regulations established by the United States Department of Housing and Urban Development; and the “label” is permanently attached to each transportable section of each HUD-code manufactured home.
6.
The manufactured home shall be built on a permanent chassis.
7.
The manufactured home shall be designed for use as a one-family dwelling with or without a permanent foundation when the structure is connected to the required utilities. The use of the manufactured home is limited to one-family dwelling. Commercial use of the structure is prohibited.
8.
The manufactured home shall include the plumbing, heating, air-conditioning, and electrical systems required by the City of Pittsburg Building Codes.
9.
The manufactured home shall be installed by a professional “installer” of manufactured homes.
10.
The manufactured home shall be installed on a temporary or permanent foundation system and the home shall be properly connected to the foundation by an anchoring system.
11.
Installation of the manufactured home shall include “skirting” at the bottom of the home to conceal the foundation system. The skirting shall conform to the definition referenced in this ordinance.
12.
The height of the HUD-code manufactured home’s chassis above the ground elevation, measured at ninety (90) degrees to the frame, shall not exceed three (3) feet at the low end. All HUD-code manufactured homes shall be completely skirted.
(Ordinance 868-19 adopted 9/9/19; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)