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Winnsboro City Zoning Code

§ 15-A

“MH-1” -Mobile Homes; Mobile Home; Park Regulations.

15.A.1 
General Purpose and Description:
The MH-1 District is established in order to provide zoning areas, regulations, and enforcement procedures for Mobile Homes and Mobile Home Parks within the City Limits of Winnsboro, Texas.
15.A.2 
Definitions:
1. 
Mobile Home -
as defined in The Texas Manufactured Housing Standards Act, 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 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 including the plumbing, heating, air-conditioning, and electrical systems.
2. 
Mobile Home Park -
mean[s] a unified development of mobile home spaces arranged on a tract of land under sole ownership, where lots or spaces are rented or leased for installation of a mobile home to be occupied as a semipermanent place of residence, as well as accessory structures or buildings.
15.A.3 
Prohibition.
Mobile homes, as defined above, shall not be allowed for use or occupancy as residential dwellings within the corporate city limits of Winnsboro, Texas. Any such prohibition is prospective and shall not apply to a mobile home previously legally permitted and used or occupied as a residential dwelling within the city. Permits for use or occupancy as a residential dwelling shall be granted for the replacement of an existing mobile home with a HUD Code Manufactured Home, whether located within a mobile home park or on privately-owned property within the incorporated city limits.
15.A.4 
Construction, Alteration, or Extension of Existing Mobile Home Parks.
1. 
No permit shall be issued for the construction or occupancy of any permanent residential structure in any mobile home park.
2. 
It shall be unlawful for any person to construct, alter or extend any mobile home park within the limits of the City of Winnsboro.
3. 
A “Mobile Home” located in an existing Mobile Home Park may be replaced with a “HUD Code Manufactured Home” if the size of the home permits setbacks and/or yard space consistent with the existing criteria of the park.
15.A.5 
Inspections.
1. 
Inspection Required.
The Building Official, the City Health Officer, the Fire Chief, and the Police Chief are hereby authorized and directed to make such inspections as are necessary to determine compliance with this section.
2. 
Entry on Premises.
The Building Official, the City Health Officer, the Fire Chief and the Police Chief shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this section.
3. 
Inspection of Register.
The owner of any mobile home park shall be obligated to keep a register containing a record of all residents of the mobile home park. The Building Official, the City Health Officer, the Fire Chief, and the Police Chief shall have the power and authority to inspect such register at any time in discharging their official duties.
4. 
Duty of Occupants.
It shall be the duty of every occupant of a mobile home park to give the owner of the park, his agent, or authorized employee access to any part of such park at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this section.
15.A.6 
Notices, Hearings, and Orders:
1. 
Notice of Violations; Requirements of Notice.
Whenever it is determined that there are grounds to believe there has been a violation of any provision of this section, any ordinance of the City of Winnsboro, any Health Code violation, or any federal or state law, the Building Official shall give notice of such alleged violation to the owner of the mobile home park. Such notice shall:
a) 
Be in writing;
b) 
Include a statement of the reasons for its issuance;
c) 
Allow a reasonable time for the performance of the act it requires;
d) 
Be served upon the owner of the mobile home park; provided that such notice or order shall be deemed to have been properly served upon such owner when a copy thereof has been sent by mail to his last known address, or when he has been served with such notice by any method authorized or required by the laws of this state; and
e) 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section.
2. 
Appeal from Notice Issued by the Building Official.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section applicable to such park, may request and shall be granted a hearing on the matter before the City Council; provided that such person shall, within five (5) days after the notice was served, file a written petition in the office of the Building Official requesting such hearing and setting forth a brief statement of the grounds therefor. Upon receipt of such petition, the Building Official shall forward such petition to the City Secretary who shall request the City Council to set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
3. 
Hearing; Order.
After such hearing, the City Council shall issue an order in writing sustaining, modifying, withdrawing the notice. Any person aggrieved by the decision of the Building Official may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this state.
(Ordinance 773-2003 adopted 5/13/03; Ordinance 951-2016 adopted 1/12/16)