HomeMy WebLinkAboutOrd 1985-107 Mobile Homes outside of Park.pdfa
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CITY OF ANNA, TEXAS
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"REGULATION OF MOBILE HOMES$
OUTSIDE. MOBILE HOME PARRS"
d ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
JNA, TEXAS, REQUIRING MOBILE HOMES OUTSIDE DULY
:CENSED MOBILE HOME: PARKS TO OBTAIN A SPECIFIC USE
'RMIT; PROVIDING APPLICATION PROCEDURES AND
'PLICATION FEE; REQUIRING EXISTING MOBILE HOMES
) OBTAIN A CITY PERMIT; ESTABLISHING PERMIT
INDITIONS; ALLOWING EXCEPTIONS; RELEASING CITY
:OM LIABILITY; REPEALING CONFLICTING ORDINANCES;
TABL'ISHING A PENALTY FOR VIOLATIONS NOT TO EXCEED
IE THOUSAND DOLLARS ($.1,000.00); PROVIDING A
VERABILITY CLAUSE; AND PROVIDING FOR AN
FECTIVE DATE.
ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
THAT:
SEJTI�N 1: DEFINITIONS
T�e following words, when use in this Ordinance, shall
h ve the meaning respectively ascribed:
Certificate of Occu ancy. means a certificate issued
by the Building Official for the use of•a building,
structure and/or land, when it is determined by him
that the building, structure, and/or 'land complies
with the provisions of all applicable city codes,
ordinances and regulations.
Code Enforcement Officer mean a person authorized
by the city council to perform the duties described
in this Ordinance.
Mobile Home shall mean a structure; constructed
according to the rules of the U. S.II'Department of
Housing and Urban Development, tr��sportable in
one (1) or more sections, which in,:the traveling
mode, is eight (8) body feet or mo 0 in width or
forty (40) body feet or more in l dngth or, when
erected on
site, ,is 320 or more squOre feet, and
which is built on a permanent chassis and designed
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to be used as a dwelling with or without a per-
manent foundation when connected to the required
utilities, and includes the plumbing, heating, air
conditioning and electrical systems.
4) Mobile Home Park means a lot or tract of land under
single ownership, upon which two (2) or more mobile
homes occupied as dwellings are located and which
the city has licensed for use as a location for
mobile homes.
5) Permittee shall mean a person for whom a permit has
been issued to place or use a mobile home outside a
licensed mobile home park.
6) Person shall mean any individual, corporation, or
legal entity.
7) Plot Plan or Site Plan means a graphic represen-
taoion, drawn to scale, in a horizontal plan, deli-
neating the outlines of the land included in the
plan, all proposed use locations accurately dimen-
sioned, the dimensions also indicating the relation
of each use to that adjoining and to the boundary
of the property.
8) City means the City of Anna, Texas.
ON 2: EXISTING MOBILE HOMES
obile homes not located in mobil
ffective date of this Ordinance
onconformi.ng uses. Mobile homes
orming areas shall be subject to
ions of this Ordinance.
3: SPECIFIC USE PERMIT
home parks at the
shall be, defined as
located in noncon-
the relevant provi-
shall hereafter be unlawful for any person to locate
maintain any mobile home in any place in the City of
na other than in a duly licensed and lawful mobile
me park or mobile home zoned district unless such per -
n shall first secure a specific use permit from the
ty council upon written application therefor filed
th the city secretary. Any specific use permit ero-
ding for the location of a mobile home in a noncon-
rming area shall be valid only for the period of time
ecified by the city council or until the mobile home
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s removed from the site, whichever is sooner. A mobile
ome cannot be replaced by another mobile home in the
bsence of another specific use permit. The transfer of
itle of a mobile home from one person to another person
hall invalidate the specific use permit and the cer-
ificate of occupancy. Any person who transfers title
f a mobile home in a nonconforming area shall inform
he city secretary of such transfer within seven (7)
ays of the exchange.
LICATION FOR PERMIT
,n application for a specific use permit to locate a
tobile home outside a licensed mobile home park shall be
ubmitted to the city secretary. All applications for
pecific use permits shall be made upon standard forms
provided by the building official and shall contain the
ollowing:
1) Name and address of the applicant.
2) Location and description of the
proposed mobile home site.
:TE PLAN REQUIRED
11 applications for specific use permits shall include
hree (3) copies of a site plan at a minimum scale of
ne (1) inch equals 100 feet (1" - 100'). The site plan
hall include the following information, at a minimum:
1) The area and dimensions of the tract of land, with
identification of location and boundaries;
2) The location, width, and specifications of drive-
ways, roadways, and walkways;
3) The location and specifications of water and sewer
lines and riser pipes;
4) The location and details of lighting, electrical
and gas systems;
5) Such other information as the building official and
Planning and Zoning Commission may reasonably
require.
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bile homes located outside mobile home parks shall
norm to all area and setback requirements of the R-1
ngle Family Residential District.
1 specific use permit applications shall be accom-
nied by a fee of ten ($10.00) dollars.
P rmit applications shall be reviewed by the Planning
aid Zoning Commission which shall then make a recommen-
d tion to the city council. The city building official
s all be responsible for enforcing the decision of the
c'ty council relating to the provisions of this
O dinance.
TIpN 4: PERMIT REQUIRED FOR EXISTING MOBILE HOMES
A. E ery person maintaining a mobile home in the City of
A na outside a duly licensed mobile home park shall,
w'thin sixty (60) days after the effective date of this
0 dinance, submit a written application for a permit.
Tie Code Enforcement Officer will review each applica-
t'on and make recommendations thereon to the city coun-
c'1. In considering the disposal of, any such
a plication, the city council may take into account the
c aracter of the neighborhood, with respect to present
a d anticipated land use and development, wherein the
m bile home is located. On approval of an application
b the city council, the city secretary will issue a
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rmit.
B,' I the city council denies a permit to any applicant
w ase mobile home was in place on the effective date of
t is Ordinance, the city secretary will issue to such
a plicant a nonconforming use permit that specifies the
n nconformities with provisions of this section respon-
s'ble for denial of the permit and authorizes continued
Li 3e of the mobile home, subject to permittee's
c mpliance with all provisions of. the nonconforming use
P rmit. However, the permit does not make lawful the
e tension or enlargement of a specified nonconformity.
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After the remedy or suspension of a nonconforming use,
such use shall not be restored or resumed. The fee for
issuance of a nonconforming use permit shall also be
fifteen ($15.00) dollars.
For validity, such permits shall be renewed each year.
Upon inspection by the Code Enforcement Officer and with
his approval and payment of an annual fee of five
($5.00) dollars by permittee, renewal will be effected
by the city secretary.
dowever, an annual permit
required if such mobile home
type foundation.
revewal fee shall not be
is mounted upon a permanent
To transfer a permit, a written request to do so shall
le submitted to the city secretary. Upon inspection of
the mobile home by the Code Enforcement Officer and with
his approval., the city secretary will issue a transfer,
he fee therefor being five ($5.00) dollars. The city
ecretary shall refuse to issue a renewal or transfer if
the mobile home is in violation of any condition con-
tained in the original permit or any regulation con-
tained herein applicable to use or maintenance of the
obile home. In the event of denial by the city secre-
t ry, the applicant may appeal such denial to the city
council by written notice to the mayor within ten (10)
d Ys of such denial.
N 5: PERMIT CONDITIONS
T e following use and maintenance regulations shall be
a plicable to mobile homes located within the City of
A na:
(CL) All mobile homes shall be installed and anchored in
accordance with Texas Department of Labor and
Standards rules and regulations.
( ) All mobile homes occupied as living quarters shall
contain operable smoke detectors.
No mobile home manufactured prior to June 15, 1976,
shall be occupied as living quarters within the
city.
All mobile homes ,occupied as living quarters shall
be located and placed on separate lots with the
front door facing the street in the same manner as
other residential structures in the block in order
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to conform as closely as possible. All building
setback requirements shall be followed when placing
a mobile home for permanent occupancy as provided
for in the zoning regulations.
(5) The temporary parking of only one (1) mobile home
belonging to the owner or tenant of the dwelling
upon the lot on which the mobile home is placed may
be permitted behind the front building setback line
of the lot provided no living quarter shall be
maintained in such mobile home while such mobile
home is parked or stored. The mobile home so
stored shall not be closer than twenty feet (20' )
to an occupied residential structure. Removal of
wheels and skirting requirements shall not be
applicable to to such temporarily stored, unoc-
cupied mobile homes.
(6) All mobile homes shall have the wheels removed and
be mounted upon a permanent type foundation and
have fire resistant skirting installed around the
bottom of the mobile home.
(7) All permits shall be issued subject to compliance
with all other applicable codes and ordinances of
the City of Anna, and with all applicable deed
restrictions.
(8) No driveway shall be permitted in the front yard of
any mobile home lot being occupied as living quar-
ters except along either side of the lot at a right
angle to the street or as a circular driveway.
(9) Fire resistant skirting with the necessary vents,
screens and/or openings shall be required on all
mobile homes and shall be installed within thirty
(30) days after emplacement of the mobile home.
Skirting materials should be aluminum, vinyl, or
masonite materials.
10) skirting, porches, awnings, and other additions,
when installed, shall be maintained in good repair.
The use of space immediately underneath a mobile
home storage shall be permitted only if the storage
area shall have a base of impervious material and
stored items shall not interfere with the under-
neath inspection of the inobile home.
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ION 6: CERTIFICATE OF OCCUPANCY
Upon compliance with the relevant provisions of this
Ordinance a Certificate of Occupancy shall be issued to
the mobile home owner.
ION 7: INSPECTION
A.II INSPECTIONS REQUIRED
The building official is hereby authorized and directed
to make such inspections as are necessary to determine
compliance with this Ordinance.
B.II 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.
SEgrION 8:
A.
NOTICES, HEARINGS AND ORDERS
NOTICE OF VIOLATIONS; REQUIREMENTS OF NOTICE
Whenever it is determined that there are grounds to
believe that there has been a violation of, any provi-
sion of this Ordinance, the building official shall give
notice of such alleged violation to the licensee or
agent, as hereinafter provided. Such notice shall
(1) be in writing; (2) include a statement of the
reasons for its issuance; (3) allow a reasonable time
for the performance of the act it requires; (4) be
served upon the licensee or his agent, provided that
such notice or order shall be deemed to have properly
served upon such licensee or agent 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
(5) contain an outline of -remedial action which is
taken, will effect compliance with .the provisions of
this Ordinance.
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D.
APPEAL FROM DENIAL OF PERMIT BY THE BUILDING OFFICIAL
Any person affected by the refusal of the building offi-
cial to issue a permit under the provisions of this
Ordinance may request and shall be granted a hearing on
the matter before the city council provided that such
person shall file within fifteen (15) days after the day
the permit was refused in the office of the building
lofficial a written petition requesting such hearing and
setting forth a brief statement of the grounds therefor.
Upon receipt of such petition, the building official
shall forward it to the city secretary who shall set a
time and place for such hearing and shall give the peti-
tioner written notice thereof. At such hearing the
petitioner shall be given the opportunity to be heard
and to show why such refusal should be modified or
withdrawn.
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 Ordinance may request and shall be granted a
hearing on the applicable matter before the city coun-
cil, provided that such person shall file within fifteen
(15) days after the day the notice was served, in the
office of the city secretary, a written petition
requesting such hearing and setting forth a brief state-
ment of the grounds therefor. The filing of the request
for a hearing shall operate as a stay of the notice and
of the suspension.
Upon receipt of such petition, the building official
shall forward such petition to the city secretary who
shall request the mayor to set a time and place for such
hearing and shall give the petitioner written notice
the At such hearing, the petitioner shall be given
an opportunity to be heard and to show why such notice
should be modified or withdrawn.
HEARING ORDER
After such hearing, the building official shall issue an
order in writing sustaining, modifying or withdrawing
the refusal, which order shall be served as provided in
Section 8, A.(d) hereof. Upon failure to comply with an
order by the building official sustaining or modifying a
decision thereof, the,00pupancy permit affected by the
order shall be revoked.
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Whenever the building official finds that an emergency
exists which requires immediate action to protect the
public health or safety, he may without notice or
hearing issue an order reciting the existence of such an
emergency and requiring that action be taken as he may
deem necessary to meet the emergency. 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 written petition to the mayor, shall be
afforded a hearing as soon as possible. The provisions
of Section B.D. of this Ordinance shall be applicable to
such hearing and the order issued thereafter.
ION 9: EXCEPTIONS
No permit shall be required and the provisions of this
Ordinance shall not be applicable to unoccupied mobile
homes displayed for sale on mobile home sales lots and
mobile homes in storage on mobile home manufacturing
plant premises.
SFC' IFION 10: LIABILITY OF CITY UNDER THIS ORDINANCE
Neither the city nor any authorized agent acting under
the terms of this Ordinance shall be liable or have any
liability by reason of orders issued or work done in
compliance with the terms of this Ordinance.
ION 11: CONFLICTING ORDINANCES REPEALED
All Ordinances or parts of ordinances in conflict
herewith are to the extent of such conflict hereby
repealed.
ION 12: PENAL,rY
Any person violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor, and
upon conviction, shall be subject to a fine of not more
than one thousand dollars ($1,000.00). Furthermore,
each and every day any such violation of this Ordinance
shall continue, following properly served notice, shall
constitute a separate an&, punishable offense.
OSE TION 13: SEVERABILITY
It is hereby declared to be the intention of the city
council that the sections, paragraphs, sentences,
clauses and phrases of the Code of Ordinances hereby
adopted are severable and, if any phrase, clause, sen-
tence, paragraph, or section shall be declared unconsti-
tutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sen-
tences, paragraphs and sections, since the same would
have been enacted by the city council without the incor-
poration of any unconstitutional phrase, clause, sen-
tence, paragraph, or section.
ION 14: EFFECTIVE DATE
This ordinance will take effect immediately from and
after its passage and the publication of the caption as
the law in such cases provides.
Secretary
APPROVED:
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P
SED
AND
APPROVED this
10th
day
of
December ,
19
5 by
the
City Council
of the
City
of
Anna, Texas.
Secretary
APPROVED:
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