HomeMy WebLinkAboutOrd 1995-11 Mobile Home Park license.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 95-11
REGULATION OF MOBILE HOME PARKS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, REQUIRING PROPOSED AND EXISTING
MOBILE HOME PARKS TO OBTAIN CITY LICENSE; PROVIDING
FOR THE RENEWAL OR TRANSFER OF MOBILE HOME PARK
LICENSES; PROVIDING FOR THE REVOCATION OF MOBILE
HOME PARK LICENSES; ESTABLISHING MOBILE HOME PARK
DESIGN AND CONSTRUCTION STANDARDS; ESTABLISHING
MOBILE HOME PARK OPERATION AND MAINTENANCE
STANDARDS; PROVIDING REGULATIONS FOR MOBILE HOME
PARKS WITHIN THE CITY+S EXTRATERRITORIAL JURISDICTION;
RELEASING THE CITY FROM LIABILITY; REPEALING
CONFLICTING ORDINANCES; ESTABLISHING A PENALTY FEE
FOR VIOLATIONS NOT TO EXCEED THE MAXIMUM AS
PRESCRIBED BY LAW; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE; VOIDING ORDINANCE
NO. 106-85.
91 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THATo
ARTICLE I
A. Pff- . 111-9 9
The following words, when used in this ordinance, shall
have the meaning respectively ascribede
- _. _ ..._.f shall mean a person
(1 ) C,n.c�g.. F)1fG.r^conic�rit, Of...x.('�Kr
authorized by the city council to perform the
duties prescribed in this ordinance.
e shall. mean a person to whom a license for,
construction and/or operation and maintenance of a
park Inas been issued.
(3) Mop-j.,l_a, Homo„ shall mean a structure, constructed
according to the rules of the U.S. Department of
Housing and Urban Development, transportable in one
(1) or more sections, which in the traveling mode,
is eight (H) body feet or mors? in width or forty
(40) body feet or more in length or, when erected
on side, 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 includes plumbing, heating, air
conditioning and electrical systems.
(4) ft217.1_.9 faun. @Aiaga shall mean the ground area
allocated for occupancy by one (1) mobile home in
the layout of a park.
(5) Qf"- 11 RAft. EsU•:jaa 4 r- shall mean an unobstructed
area of minimum nine feet (91) by eighteen feet
(181) dimensions, allocated for parking a vehicle
in the layout of a park.
MobiIx bapm Eiil"k 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.
(7) E?D14lj�i,�,.t. shall mean a person to whom a
nonconforming use permit for operation and
maintenance of a park has been issued.
t8> EiLr_%sIl shall mean any individual, corporation, or
legal entity.
(9) City shall mean -the City of Anna, Collin County,
Texas.
B. LICENSE REQUIRED FOR PROPOSED MOBILE HOME PARKS
It shall be unlawful for any person to construct,
maintain or operate a mobile home park within the city
limits without a license therefore. An initial fee of
two hundred fifty dollars (0250.00), plus ten dollars
(010.00) for each mobile home lot, shall be required for
the first annual mobile home park license. Thereafter, a
renewal fee of twenty—five dollars (025.00), plus one
dollar (01.00) for each mobile home lot will be charged
for each annual license 'Por each successive year. All
licenses shall be approved by the city council subject
to compliance with the terms and provisions of this
ordinance. No utility service shall be provided until
the license herein provided for shall have been issued.
Written application -for a license, signed by the
applicant and accompanied by the exhibit* listed below
shall be submitted to the city secretary. The
application shall state the applicant's address and
legal description of the land wherein construction of a
mobile home park is proposed and shall be accompanied by
the following exhibitso
(1) A plot plan drawn to a scale of 1"®100+ showing the
• location and configuration of the proposed park,
including the layout of its mobile home spaces,
streets, parking spares, walkways, and utility
service lines. This plot plan does not replace or
supersede the subdivision plat of the property
required by state law to be recorded in the county
records of the county in which the property is
located, after review and approval of the City of
Annan
(2) plans and specifications for all building and
service facilities.
Upon approval by the city council, the city secretary will
issue a license.
( 1) D 1 1 c _P.11 far 4..ia.R1Lm
Every person operating a mobile home park within
the city limits on the effective date of this
ordinance shall, within sixty (60) days after that
date, submit a written application for a license,
accompanied by exhibits B(1) and B(2) above. The
city council will review each license application
and make recommendations thereon. In considering
the disposal of any such application, the city
council may take into account the character of the
neighborhood, with respect to present and
anticipated land use and development, wherein the
park is located or is in operation. Upon approval
of an application by the city council, the city
secretary will issue a license.
(2) Nonconf4CPi F1Fi Uft FRIMIt
It the city council denies a license to any
applicant whose park was in operation on the
effective date of this ordinance, the city
secretary will issue to such applicant a
nonconforming use permit that specifies the
nonconformities with provisions of this ordinance
responsible for denial of the license and authorize
continued operation of the park, subject to
permitteers compliance with all provisions of this
ordinance pertaining to park operation and
maintenance. However, the permit does not make
lawful the extension or enlargement of a specified
nonconformity, either within the present confines
of a park or by expanding its boundaries. 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 be
•\ the same as the renewal -fee for mobile home parks
as provided in section B above.
0-
1=or, validity, a license or, nonconforming use permit
shall be renewed each year. Upon inspection by the
code enforcement officer and with his approval and
payment of an annual 'Fee of twenty—five dollars
($25.00) plus one dollar ($1.00) for each mobile home
lot, by licensee or, permittee, renewal will be
effected by the city secretary. To transfer a
license or permit, a written request to do so shall
be submitted to the city secretary. Upon inspection
of the park by the code enforcement officer, and with
his approval, the city secretary will issue a
transfer, the fee therefor being twenty—five dollars
($25.00). The city secretary shall refuse to issue a
renewal or, transfer if the mobile home park 1s in
violation of any condition contained in the original
license or any regulation contained herein applicable
to operation and maintenance of the mobile home park.
In the event of denial, the applicant may appeal such
denial to the city council by written notice to the
mayor, within ten (10) days of such denial.
A license or permit may be revoked by the city
council when the licensee or permittee is found to be
in violation of any provision of this ordinance, or
the terms of a nonconforming use permit after a
hearing is held before the city council according to
written notice given to licensee or permittee at
least ten (10) days prior to such hearing.
After the effective date of this ordinance, all
mobile home parks shall at least meet the following
design and construction standardse
of P r'k..L 9PAr li slI1J. t(�r�nA� �Y C1B��38.
ilam 3.
The minimum size of a park shall be two (2)
acres. All setback requirements of the city's
subdivision and zoning ordinances shall apply to
mobile homes as to single—family residences.
When a park boundary abuts upon a public street,
no mobile home shall be closer thereto than
twenty—five feet (251).
(2 ) 9 f f=%Y:1_q_t. RA_dU a 9"gi>6
91 At least two (2) off—street parking spaces shall
be provided for each mobile home space to reduce
traffic hazards and improve the appearance of
the mobile home park. Where individual parking
spaces are used, parking may be in tandem. All
parking areas shall be hard surfaced with all—
weather material and located to eliminate
interference with access to parking areas
provided for other mobile homes and common
Parking areas within the park. Each parking
space shall be maintained by the owner or agent
free of cracks, holes, or other hazards.
(3) gjrrgSt9, grl.oiia1Et.W.sy§,
(p) Watex.. 5•u0L)Iy
Internal streets, no—parking area signs, and
street name signs shall be privately owned,
built, and maintained, unless dedicated to and
accepted by the city. Streets shall be designed
for safe and convenient access to all mobile
home spaces and to facilities for common use of
park residents. Internal streets shall be kept
open and free of obstruction in order that law
enforcement and fire vehicles may be access to
any .areas of the mobile home park. All internal
streets shall be paved and constructed to the
general coil str,ic:tion standards established by
the city and shall be maintained by the owner or
agent free of cracks, holes, and other hazards.
Every mobile home park shall have direct access
from a public street and each mobile home space
shall have direct access to a public street or
to an internal street. Where an internal street
provides access, the same shall be dedicated to
the public as an emergency access easement to
allow for the rapid and safe movement of
vehicles used for the purpose of providing
emergency health or public safety purposes.
Each emergency access easement shall have a
clear unobstructed width of at least thirty feet
(301) and shall connect at each end of a
dedicated public street, or shall have a turn --
around of minimum sixty feet (601) diameter.
Internal streets shall be named, and mobile home
spaces numbered. Street signs shall be of a
color and size contrasting with those on public
streets so that there is no confusion regarding
which are private and which are public streets.
These signs and numbers shall be of standard
size and placement to facilitate location by
emergency vehicles. All parks shall provide
concrete walkways of minimum thirty inches (3011)
in width for pedestrian access to each mobile
home from a street constructed to specifications
approved by the city.
(p) Watex.. 5•u0L)Iy
0--1
All adequate supply of potable water shall be
supplied through a water supply system to each
mobile home space through piping conforming with
the city's plumbing regulations, and an outdoor
hydrant shall be installed at each mobile home
space, at least four inches (411) above the
ground.
(5 ) PXt.9%gjL p.."ROLAI.
Each mobile home in a park space shall be served
by a wastewater treatment facility which meets
county and state health department regulations.
The park shall be located and graded as to drain
away all surface water in a safe and efficient
manner. Accumulations of stagnant water will
not be permitted. Culverts and drainage ditches
shall be maintained free of dirt and debris by
the owner, or agent.
(7) fir€ p_rRIAst Lalz
.` Service buildings (office, laundry facilities,
repair shops, etc.) shall be provided with
emergency fire extinguishing apparatus of such
types and sixes as may be prescribed by the
city's fire prevention regulations. Fire
resistant skirting with the necessary vents,
screens, and/or openings shall be installed on
each mobile home within thirty (30) days after
its emplacement in the park. Each mobile home
shall be equipped with an operable smoke
detector. To insure compliance by the mobile
home owner with these requirements, licensee
shall make such compliance and conformation
thereof a condition in the agreement for rental
of a mobile home space.
(8) F—Lal a418.nv
Gas piping systems shall be installed
underground in accordance with the r.ity's
plumbing regulations. Gas outlets shall be
capped when the mobile home spaces they serve
are vacant. Natural gas shall be supplied
except that a liquified petroleum gas system may
be installed if the nearest available natural
gas supply is more than one thousand feet
from the park and is approved by the
city council. LPG systems shall conform with
applicable codes and regulations by the Texas
r-1
Railroad Commission pertaining thereto.
No structural extension shall be attached to a
mobile home in violation of the spacing and
clearance requirements of this ordinance.
An extension that does not violate those
requirements may be installed if it insets the
-Following requirementse
(a) Constructed of metal, fire resistive,
double --wall panels with mechanically
connected joints;
(b) Length no greater than that of mobile home
to which it is necessaryq
(c.,) To be dismantled an removal from the park
Of the mobile home to which it is
accessory.
G. OegffilM MR E"RO MIG9 OE MMU9 HOME PARKS
All mobile home parks shall comply with the following
Operation and maintenance regulationsa
(1) Licensee or permittee shall keep up—to—date and
have available fat, inspection at the park a
register of park occupancy that shall contain the
following information:
(a) Name and address of park residentsi
(b) Mobile home registration data, including make,
length, width, year of manufacture, and
identification number;
(c) Location of each mobile home by park street
name and number.
A new register shall be initiated on January 1st
each year and the old register retired but retained
on the park premises for at least three (3) years
thereafter.
(2) The licensee or permittee shall be responsible for
keeping the park in a clean, safe and sanitary
condition free of accumulations of rubbish and of
rank growth of grass or weeds that might constitute
a fire hazard or give harborage to noxious insects.
Walks, streets and parking spaces shall be
maintained in a serviceable all—weather condition.
W
(3) No open fire or burning shall be permitted within
the park except for outdoor cooking or camper type
stoves Or charcoal grills. No •Flammable liquid%
shall be stored beneath mobile homes. The fire
resistant skirting shall be maintained intact to
prevent accumulations of flammable materials
beneath mobile homes. Emergency fire extinguishing
apparatus, if required, shall be inspected and
tested at intervals of time suggested by the
manufacturer.
(4) The storage, collection, and disposal of refuse and
garbage shall be so conducted as to create no
health hazards, rodent harborage, insect breeding
grounds, fire hazards, litter of air pollution.
Each mobile home space must utilize the city's
refuse collection services.
(5) Licensee or• permittee shall provide that all mobile
homes located in the park be installed and anchored
in accordance with Texas Department of Labor and
Standards rules and regulations.
A
No person shall subdivide land within the
extraterritorial jurisdiction of the city for the
purpose of creating a mobile home park until a plat of
the proposed park has been approved by the city council.
All plats shall be submitted in accordance with the
procedures as outlined in the city's subdivision
regulations. Such plats shall be accompanied by the
information outlined in subsection B(i) and (2) hereof.
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.
All ordinances or parts of ordinances in conflict herewith
are, to the extent of such conflict, hereby repealed.
Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction
thereof, shall be subject to a fine not to exceed the maximum
as prescribed by law. Furthermore, each and every day any
such violation of this ordinance shall continue, following
Properly served notice, shall constitute a separate and
punishable offense.
ORTIME T.k.
It is hereby declared to be the intention: of the city council
that the sections, paragraph's, sentencer, clauses and phrases
of this ordinance hereby adopted are severable ,and, if any
phrase, clause, sentence, paragraph, or section shall be
declared unconstitutional by the valid .judgement or decree of
any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections, since the same would have
been enacted by the city council without the incorporation of
any unconstitutional phrase, clause, 'sentence, paragraph, or
section.
BRIAL9 g
This ordinance will take effect immediately from and after
its passage and take publication of the caption as the law :in
such cases provides.
PASSED AND APPROVED on final reading 'this the (Dyh day of
------ 1993, by the City Council of the City of
Anna, Texas.
ATTEST:
�1'ty Secretary (J
0