Winnsboro City Zoning Code
§ 15-C “MH-3
HUD Code Manufactured Home Park Regulations.
15.C.1
General Purpose and Description:
This section provides a zoning area and regulations for HUD Code Manufactured Home Parks.
15.C.2
Definition:
A “HUD Code Manufactured Home Park” means an area designated, arranged or used for the installation of two or more HUD Code Manufactured Homes which are occupied or intended for occupancy as semipermanent living quarters by individuals or families, and accessory structures. Under no circumstances shall a Mobile Home, as hereinabove defined, be permitted within a HUD Code Manufactured Home Park. For the purpose of this ordinance, certain additional terms, words and phrases shall have the meaning ascribed thereto in Section 32 of the Zoning Ordinance for the City of Winnsboro, Texas.
15.C.3
Permits.
1.
Permit Required -
It shall be unlawful for any person to construct, alter, extend or expand any HUD Code Manufactured Home Park within the limits of the City of Winnsboro without a valid permit issued by its Building Official in the name of such person for the specified construction, alteration or extension proposed. All permits require the final approval of the City Council prior to issuance.
2.
Application Requirements -
All applications for permits shall be made upon standard forms provided by the City and shall contain the following:
3.
Permit Fee -
All applications (MH-3 HUD Code Manufactured Home Park) to the Building Official shall be accompanied by a fee of $100.00, plus $5.00 for each manufactured home space.
4.
Issuance of Permit -
In considering the application, the City Council may take into account the proposed location of the HUD Code Manufactured Home Park in relation to the present and anticipated land use and development. After review of the application and determining the application and the proposed Park complies with this ordinance and other applicable laws, codes and regulations, the permit shall be issued.
5.
Denial of Permit/Hearing -
Any person whose application for a permit under this ordinance has been denied, may request in writing a rehearing on the matter and offer additional evidence if desired.
15.C.4
Licenses.
1.
License Required -
It shall be unlawful for any person to establish, operate or maintain or permit to be established, operated or maintained within the City of Winnsboro any HUD Code Manufactured Home Park unless such person holds a valid license issued annually by the City. All applications for licenses shall be made in writing to the Building Official, who shall issue a license upon compliance by the applicant with provisions of this ordinance.
2.
Application for Original License -
Application for original license shall be in writing signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of the license fee hereinafter provided, and shall contain:
3.
Application for License Renewal -
Application for renewal of a license shall be made in writing by the licensee on forms furnished by the City on or before December 1 of each year. The application shall contain any change in the information occurring after the original license was issued or the latest renewal granted and be accompanied by the HUD Code 3 Manufactured Home Park Register as hereinafter provided.
4.
License Fee -
All original license applications or renewals thereof shall be accompanied by a fee of $100.00. All renewal fees shall be due on the issuance of the license.
5.
Hearing Granted Applicants -
Any person whose application for an original license or license renewal under this ordinance has been denied may request a hearing within ten (10) days before the City Council.
6.
Annual Inspection Fee -
An annual inspection fee in the amount of $25.00 per space is payable by the licensee or his agent due on or before the 10th day of January each year.
7.
Transfer of License -
Every person holding a license shall give notice in writing to the Building Official 30 days prior to selling, transferring, giving away or otherwise disposing of any part or interest in or control of the park. Such notice shall include the name and address of the person succeeding to the ownership control of such park. Upon application in writing for transfer of the license, the license shall be transferred if the park is in compliance with all applicable provisions of this ordinance on the date of title or interest transfer.
15.C.5
Inspections.
1.
Inspections Required -
The Building Official is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this ordinance and as authorized by The Manufactured Housing Standards Act.
2.
Entry on Premises -
The Building Official 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 ordinance. It shall be the duty of the licensee or his agent to give the Building Official free access to all lots at reasonable times for the purpose of inspection. The Building Official shall enter and inspect annually, and report to the City Administrator his findings.
3.
Inspection of Register -
The Building Official shall have the power to inspect the register containing a record of all residents of the HUD Manufactured Home Park. The Building Official shall make a quarterly inspection of the register for tax reporting purposes.
4.
Duty of Occupants -
It shall be the duty of every occupant of a HUD Manufactured Home Park to give the licensee, his agent or authorized employee, access to any part of such park at reasonable times for the purpose of making such repairs or alternations [alterations] as are necessary to effect compliance with this ordinance.
5.
Notice to Occupants -
It shall be the duty of each licensee, his agent or authorized employee to inform each registered resident or potential resident of the inspection requirements of this ordinance of the City of Winnsboro, Texas.
15.C.6
Notices, Hearings and Orders.
1.
Notice of Violation; Requirements of Notice -
If the Building Official determines there are grounds to believe there [that] a violation of this ordinance has occurred, notice of such alleged violation shall be given to the licensee or agent, as hereinafter provided. 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 any act it requires;
d)
be served upon the owner or his agent. Such notice or order shall be deemed to have been properly served upon such licensee or agent when a copy has been sent by registered or certified mail to his last known address, or when he has been served with 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 ordinance.
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 Building Official shall make findings as to compliance with the provisions of this ordinance and shall issue an order in writing sustaining, modifying or withdrawing the notice, which order shall be served as provided in Section 5.1(iv) [15.C.6.1(d)]. Upon failure to comply with any order sustaining or modifying the order, the license of the park affected by the order shall be revoked.
4.
Hearing Records; Judicial Review
The proceedings at such a hearing including the findings and decision of the Building Official, together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the office of the City Secretary, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section. 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.
5.
Order Without Notice -
Whenever the Building Official finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency (including the suspension of the permit or license). Notwithstanding any other provisions of this ordinance, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Building Official shall be afforded a hearing as soon as possible. The provisions of Section 5.2 [15.C.6.2] and 5.3 [15.C.6.3] shall be applicable to such hearing and the order issued thereafter.
6.
Further Appeal -
In the event any infraction[s] continue or go unresolved, the matter shall be submitted to the City Council for determination of further action.
15.C.7
Site Requirements.
1.
Site Plan -
The site plan shall be filed as required by Section 2.2 [15.C.3] of this ordinance and shall show the following:
a)
The name, address, fee owner and record owner of the proposed HUD Code Manufactured Home Park
b)
Name of subdivision where the park is located
c)
Names of adjacent public streets and roads
d)
Contour lines at two foot (2') intervals
e)
Locations and dimensions of all HUD Code Manufactured Home spaces, utility easements, drives, recreation areas, streets and sidewalks. Each home space shall be numbered.
f)
Scale of plan - minimum scale of 1" = 200 ft. for sites of 30 acres or more, and at a minimum scale of 1" = 100' for sites less than 30 acres.
g)
Density in units per gross acre
h)
Area and dimensions of site
i)
Areas defined for waste containers and method of disposal of garbage and refuse.
k)
Paving and drainage plans must show the following:
i)
Directions and calculated quantities of runoff
ii)
The proposed specifications for streets.
The City shall notify the applicant in writing as to whether the plan was approved or disapproved, stating the reasons for disapproval and the modifications or conditions that must be made or met before approval can be obtained upon subsequent submission. |
2.
Density -
Each HUD Code Manufactured Home Park shall be planned for and shall provide a minimum of five (5) acres in area.
3.
Basic Minimum Site Requirements:
a)
Height Requirements:
i)
The height limit for any structure intended for occupancy in the HUD Code Manufactured Home Park shall be twenty (20') feet.
ii)
The average height of the HUD Code Manufactured Home frame above ground elevation, measured at 90° to the frame, shall not exceed four (4') feet from the top of the pad.
b)
Spacing Regulations -
HUD Code Manufactured Homes shall be located no closer than twenty (20') feet from any exterior wall to the closest exterior wall of the nearest HUD Code Manufactured Home.
c)
HUD Code Manufactured Home Space Standards -
Each and every HUD Code Manufactured Home shall be located on separate space which shall conform to the following standards:
i)
Be served with sanitary sewer, water, electrical power, and telephone service.
ii)
Provide a minimum average width of forty (40') feet and a minimum average depth of eighty (80') feet.
iii)
Abut and/or have access to a private street for a minimum distance of twelve (12') feet.
iv)
Provide a minimum area of two thousand, two hundred (2,200) square feet, said area to be determined by the boundary lines of the space.
v)
Provide a HUD Code Manufactured Home pad which shall provide an adequate foundation for the placement and tie-down of one single-family HUD Code Manufactured Home, thereby securing the superstructure against uplift, sliding rotation, and overturning. The pad shall:
Be constructed of material which shall adequately support the weight of the HUD Code Manufactured Home placed thereon and be durable and well drained under normal use and weather conditions.
Provide anchors and tie-downs such as cast-in-place concrete “dead men”, eyelets embedded in concrete foundations or runway screw augers, arrowhead anchors or other devices which secure the stability of the HUD Code Manufactured Home, and shall be placed at least at each corner of the HUD Code Manufactured Home.
Cover an area of at least two hundred forty (240) square feet or at least one-third (1/3) the area of the largest HUD Code Manufactured Home which is to be place[d] on the space, whichever is greater. No surface provided for a purpose other than the foundation of HUD Code Manufactured Home shall be considered a part of such HUD Code Manufactured Home pad.
Provide a minimum of two (2) off-street parking spaces which shall be constructed of concrete.
Double street frontage of HUD Code Manufactured Home spaces shall be avoided.
No vehicular access to a HUD Code Manufactured Home space is permitted from a public dedicated street.
The ground surface in all parts of every HUD Code Manufactured Home Park, and especially beneath the HUD Code Manufactured Homes and other structures shall be graded and equipped to drain all surface water in a safe, efficient manner so as not to permit water to stand or become stagnant.
4.
Design and Location of Storage Facilities -
Storage facilities with a minimum capacity of 200 cubic feet per HUD Code Manufactured Home space, may be provided on the space, or in compounds located within 200 feet of the space. Where provided, storage facilities shall be faced with a durable, fire resistant material. Storage outside the perimeter walls of the HUD Code Manufactured Home shall be permitted only if in such facilities. No storage shall be permitted under a HUD Code Manufactured Home. Storage facilities shall not be located within ten (10') feet of the boundary line of any HUD Code Manufactured Home space boundary line.
5.
Location of HUD Manufactured Homes and Accessory Structures -
No HUD Code Manufactured Home or accessory structure such as a refuse container, carport cabana, awning, fence or storage locker shall be permitted within ten (10') feet of a private street or the boundary line of a HUD Code Manufactured Home space boundary line. Provided further that two (2) HUD Code Manufactured Homes shall not be placed less than twenty (20') feet apart.
6.
Setbacks and Screening.
a)
No HUD Code Manufactured Home or structure in a HUD Code Manufactured Home Park shall be located within the yard setback area. The minimum setback area for each space is:
Front yard | 25 feet |
Rear yard | 15 feet |
Side yard | 10 feet |
b)
The following screening requirements shall be applicable:
i)
A landscaped strip, not less than ten (10') feet in width or a screening device as defined herein shall be located along all HUD Code Manufactured Home Park boundary lines abutting upon a public dedicated street or abutting residential property.
ii)
The landscaped strip shall be continuously maintained and shall be devoted exclusively to the planting, cultivation, growing, and maintenance of site obscuring trees, shrubs, plant life, as described below. Trees, shrubs, cane and/or other vegetation shall be planted, cultivated and maintained as a sight and noise obscuring buffer that will effectively achieve sight and noise obstruction within approximately five (5) years.
iii)
At least one row of trees with a minimum initial trunk diameter of one inch and minimum initial height of five (5') feet shall be planted on twenty-five (25') foot centers.
iv)
Also, two (2) rows of cane, nondeciduous shrubs and/or other suitable screening plants shall be planted on ten (10') foot centers.
v)
The buffer strips are intended to provide a seventy five (75%) percent or more opaque screen when viewed horizontally between two (2') feet and ten (10') feet above the natural ground at the end of the growing period of five (5) years from the date of planting.
vi)
Additional planting, cultivation and maintenance may be required by the City officials during the use period of the buffer strip to achieve and maintain this effect.
7.
Access; Traffic Circulation; Parking:
a)
Internal streets shall be privately owned, built and maintained. Streets shall be designed for safe and convenient access to all spaces and facilities for common use of park residents.
b)
All internal streets shall be constructed to specifications set by the City Council and shall be maintained by the owner.
c)
All private streets shall be constructed with concrete and/or asphalt, and shall be durable and well drained under normal use and weather conditions.
d)
Common Access Route/Internal Street Dimensions; Parking
i)
Common Access Routes or Internal streets shall be minimum pavement width of twenty (20') feet. Parking shall not be allowed on the minimum street width. An additional lane of nine (9') feet minimum width may be added to one or both sides for off-street parking.
ii)
Internal streets shall permit unobstructed access to within at least two hundred (200') feet of any portion of each HUD Code Manufactured Home.
iii)
Within each HUD Code Manufactured Home Park, streets shall be named and HUD Code Manufactured Homes numbered. Park signs and numbers shall be of standard size and placement to facilitate location by emergency vehicles.
iv)
Private streets which may connect two (2) public street right-of-way(s) shall, by the use of curves, offsets, location and/or the use of two (2) or more streets, be located so as to discourage through traffic.
v)
Private street intersections shall generally be at right angle, offsets at intersections of less than 125' (centerline to centerline) shall be avoided, and intersection of more than two streets at one point shall be avoided.
vi)
Dead-end private streets shall be limited to a maximum length of one thousand (1,000') feet and shall be provided with a vehicular turning space, with a turning circle of eighty (80') feet in diameter.
vii)
Streets shall be laid out to provide a minimum distance of two hundred forty (240') feet (center to center) of parallel streets, between intersections.
viii)
The private streets, parking lots, walks and service areas shall be lighted at all times so the HUD Code Manufactured Home Park shall be safe for occupants and visitors, provided further all entrances and exits shall be lighted.
8.
Fire Safety Standards:
a)
The storage, handling and use of liquefied petroleum gases and flammable liquids shall be done in compliance with applicable City ordinances and state statutes.
b)
Approaches/Access to all HUD Code Manufactured Homes shall be kept clear for fire fighting and other emergency vehicles.
c)
Water lines and fire hydrants shall be provided and suitably located for adequate fire protection as determined by the Fire Chief or City Council, but in no case shall the park provide less than a system of standard hydrants located not more than five hundred (500') feet from each HUD Code Manufactured Home space and served by water lines not less than six (6") inches in diameter installed in a looped system.
d)
The HUD Code Manufactured Home Park licensee or agent shall provide an adequate system of collection and safe disposal of rubbish.
10.
Sewage Disposal -
From and after the effective date of this ordinance, the following shall apply:
a)
Waste from all toilets, lavatories, sinks and showers in a HUD Code Manufactured Home Parks shall be discharged into a public sewer or a private disposal system approved by the City Council.
b)
All plumbing shall comply with applicable plumbing codes.
c)
Each HUD Code Manufactured Home pad shall have a sewer riser pipe of at least four (4") inches, which shall be capped when not in use.
11.
Electrical Distribution Systems -
From and after the effective date of this ordinance, the electrical distribution system shall comply with applicable electrical codes and other applicable laws of the state.
12.
Skirting; Porches. -
Each HUD Code Manufactured Home shall be skirted with materials consistent with the home and provided by the manufacturer or its equivalent. Each home shall have a minimum 8' X 10' front porch which shall be skirted with like material.
13.
Refuse and Garbage -
Solid waste shall be stored in fly-proof, waterproof containers, which shall be emptied regularly and maintained in a usable, sanitary condition and the collection and disposal of said refuse and garbage shall be so conducted as to create no health hazard.
14.
Maintenance of Park -
The owner of the park shall be responsible to insure that it is maintained in a manner which will not attract or aid the propagation of insects or rodents or create a hazard. Growth of plant material such as weeds and grass, especially beneath HUD Code Manufactured Homes and other structures shall be continuously controlled. All streets, parking and storage areas shall be maintained to provide a fully paved surface.
15.
Conform to Code -
All HUD Code Manufactured Home Park facilities and HUD Code Manufactured Homes contained therein shall conform without limitation to the codes and ordinances of the City of Winnsboro, including the Building, Plumbing, Electrical and Fire Codes, and all applicable laws of the State of Texas.
16.
Office -
Every HUD Code Manufactured Home Park shall have an office in which a copy of the park permit or license shall be posted and the park register shall be in such office. It shall be the duty of the licensee to keep a register of park occupancy which shall contain the following information:
a)
Name and address of owner and occupant
b)
The make, model, serial number, year and dimensions of all HUD Code Manufactured Homes
c)
The date of arrival and departure of each HUD Code Manufactured Home.
The park operator shall submit the park register to the City Council each year upon requesting license renewal and shall make said register available to any authorized City official upon reasonable request. Upon gaining knowledge of a departure of any HUD Code Manufactured Home, the park operator shall notify the City tax assessor. Failure to do so shall place the operator in violation of this ordinance. |
17.
Ordinance Compliance -
It shall be the responsibility of the licensee to insure that all requirements of this ordinance are met and maintained. Any HUD Code Manufactured Home Park issued an initial license after adoption of this ordinance that is found to be in violation of any provisions of this ordinance shall be notified in writing by the Building Official in accordance with Section 5 [15.C.6], and upon failure to comply, said license shall be revoked.
18.
Miscellaneous Requirements:
a)
Responsibilities of Park Management:
i)
All responsibilities set out elsewhere is this ordinance shall apply.
ii)
The licensee or licensee’s agent shall operate the park in compliance with this and other applicable ordinances and shall provide adequate supervision to maintain the park and all facilities in good repair, and in clean and sanitary condition.
iii)
The licensee or agent shall notify park occupants of all applicable provisions of this ordinance and inform them of their duties and responsibilities under this ordinance.
b)
Responsibilities of Park Occupants:
i)
All responsibilities of occupants set out elsewhere is this ordinance shall apply.
ii)
This [the] park occupants shall comply with all requirements of this ordinance.
iii)
The park occupant shall be responsible for proper placement of his HUD Code Manufactured Home in its space and pad, and for proper installation of all utility connections in accordance with the instructions of the park management, and in compliance with The Texas Manufacturing Standards Act.
iv)
Skirting, porches, awnings and other additions, when installed, shall be maintained in good repair. Skirting materials will be consistent with the home and provided by the manufacturer or its equivalent and be judged aesthetically pleasing.
c)
Mobile homes shall not be permitted in a HUD Code Manufactured Home Park.
d)
Only HUD Code Manufactured Homes shall be permitted in a HUD Code Manufactured Home Park.
(Ordinance 773-2003 adopted 5/13/03; Ordinance 951-2016 adopted 1/12/16)