HomeMy WebLinkAboutOrd 1995-13 Mobile Homes Outside of Parks.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 95-13
REGULATION OF MOBILE HOMES OUTSIDE MOBILE HOME PARKS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, REQUIRING MOBILE HOMES OUTSIDE DULY LICENSED
MOBILE HOME PARKS TO OBTAIN A SPECIFIC USE PERMIT;
PROVIDING APPLICATION PROCEDURES AND APPLICATION FEE;
REQUIRING EXISTING MOBILE HOMES TO OBTAIN A CITY PERMIT;
ESTABLISHING PERMIT CONDITIONS; ALLOWING EXCEPTIONS;
RELEASING CITY FROM LIABILITY; REPEALING CONFLICTING
ORDINANCES; ESTABLISHING A PENALTY FOR VIOLATIONS NOT TC
EXCEED THE MAXIMUM AS PRESCRIBED BY LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE; ALSO VOIDING ORDINANCE NO. 107-85.
BE T'l ORDAINf.D BY THE (:FTY COUNCII... OF THE CTYY OF ANNA,
TEXn,S, THAT:
The foiiot-jinq wm*ds, whei. timed in this Di-dinance., shall
Clave the meaninp r,esf3ec,:ti.vol,., asvrihods
of (."1Qc'AFJW1C.-V lfleZAT)ii 4% (::ertif:ivate iimiuvd
C)f i fur r,
by the Buildino f c I the use of a bijildirm,
io t r t,k r? b 'A t' o ,:A n tj / C) 1" 1. kA I I d Wh e TI It i ii d e t e v, at i it ed by him
that the buildinp, stv,uoture, kind/or, land complies
with the rw,ovisions of all applicable city codes,
ordinances and Y,equlations.
B. Godo [-.nf'm,reatvnt Officer- means as person authm-izt.d
by the C:LtY COI.AnCii to perform the duties, descv,ibed
in this Ordinance.
Nut.)ile Home shall mean a contitr,ucted
acuor'dinq to the v,i,tles of the U, S. Deoar,taient of
Housinij and (J)"ban Development. tr,anspor-table in one
( :1 ) or' more s ect i on s , which i, Ii t h e t V'4% y el i n 13 made.
is eight (6) body feet or, mor,e in width or, forty
(40) body feet or more in length or, when erected
$.in site, is or, more feel;. and which is
built on a ner-atanent chassis and designed to be
used as a dwellmirl with or, without a permanent
foundation when connected to the reqUired
utilities, and i1)CIIACJC?S th(I PlAtIftbinEl, h e 41 L i 1) [.1 , a :I. I'
c o n d i t i o n i n p and e I e ct r i v a .1. s v s t e at s .
D. Moloile Home. Pki.r,k, means ;..% lut ov" tract of land undf-1-
sintple ownership, upon which two (2) or, mot,e mobile
hOINGS OCCUPied as dwellings are located and whic.:Ji
the city has licensed for, use as as location for
mobile homes.
E. (•'ergra,.t to >hal.l moan a pervon for whom as permit hal.
been issued 'tu place or use a mobile home outside a
licensed mubile home park.
F. Ar[i„o I1 shall mean any individual, corporation, or
legal entity.
(:3. Plot Plan or Site Plan means a graphic
renresentation,r drawn to scale. in a horizontal
clan. delineating the outlines of the land included
in the plan., all pr"upoSed use locations accurately
dimensioned, the dimen'sio'ns also indicating the
relation of each use to that adjoining and to the
boundary of the Property.
H. r'l,j,ty, means the City of Anna. Tomas.,
Section 2. li:r;iUM hlubA ko HoMRs
Mobile homes not .located in mobile home (:.;:arks, at the
effective date of this Ordinance shall be defined as
nonconforming Uses. Mobile homes located in
nonconforminp areas shall be subject to the relevant
provisions of t'hzs (:lyd3nanre.
Section 3. Specific Use: Permit
n. WOW iy, We Permit. h3.i'_pwireacl
It shall hereafter be unlawful to any person to
locate or maintain any mobile home in any place in
the City of Anna other than in a duly licensed and
lawful mobile home park or mobile home zoned
district unless such person shall 'first secure al
suscific use permit from the city council upon
written application therefor filed with the city
secretary. Any s:pecificuse permit providing for
the location of a mobile home in a nonconforming;
area sha'f't be valid only for the period of time
Specified by the city council at uptil the mobile
home is removed from the site, whichever is sooner.
A mobile home cannot be replaced by another mobilo
home in the absence of another specific use permit„
The transfer of title of a mobile home from one
person to another person shall invalidate the
specific use permit- and the certificate of
occupanvy. Any Berson who transfers title of a
mobile home in a nonconforming area shall inform
the city secretary of such transfer within seven
(/) days of the emah ange.
l3.
SPIAROWn for Ponolt. and I°pc
=1n application for a specific use permit to locate
a mobile hums outside a licensed mobile home park
shall be submitted to the city secretary. All
applications ior sp*Qxfic use permits shall be
made upon standard forms provided by the building
official and shall contain the following:
(1) Name and address of the applicant.
(2) Location and description of the proposed
mobile home site.
C. SiQ Plan RpQ4irpd
All applications for specific use Permits shall
include three (3) copies of a site plan at a
minimum scale of one (1) inch equals 100 feet
(1^-1001>. The site plan shall include the
following infnrmation, 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
driveways, 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) Guch other information as the building
Official and Planning and Zoning Commission
may reasonably require.
D° S�te H�4�irempnts
Mobile homes located outside mobile home marks
shall conform to all area and setback requirements
of the R-1 Single Family Residential District.
All specific use permit applications shall be
accompanied by a fee of ten ($t0.0(D> dollars"
Permit applications shall be reviewed by the
Planning and Zoning Commission which shall then
make a recommendation to the city council. The
city building official shall be responsible for
enforcing the decision of the city council rolatin8
0
to the provisions of this Ordi.nance,.
Section 4. Permit Required. Pur EnjuLinq Mobil, Homces>
A. Fvery peruan maintaining ar mobile homrv, in the City
of Anna outside a duly licensed mobile home park
shall., within sixty (60) days rafter the effective
date of this Ordinance, submit a written
application for a permit. The Code Enforcement
Officer will review each application and make
recommendations thereon to the city council. 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 mobile home is located. On approval of
an application by the city council, the city
secretary will issue a permit.
B. if the city council denies a permit to ;any
applicant whose mobile home was in place on the
effective date of this Ordinance, the city
secretary will issue to such af.: of scant F?d
nonconforming ..use permit that specifies the
nunc::onformities with provisions of this section
responsible for denial of the permit and authorizes
continued use of the mobile home, subject to
permittee+s compliance with all provisions of the
noncoforming use permit. However, the permit does
not make lawful the extension or enlargement of a
!specified nonconformity. 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
t31 .00) dollars.
C„
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 permittees
renewal will be effected by the city secretary.
However. an annual permit: renewal fee shall not be
required if such mobile home is mounted upon a
permanent foundation,
To transfer a permit, a written request to do so
shall be 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, the fee therefor
being five ($5.00) dollars. The city secretary
shall refuse to issue a renewal or transfer if the
mobile home is in violation of any condition
A
contained in the original permit or any regulation
uontaained herein applicable to use or maintenance
of the mobile home. In the event of denial by the
city secretary, the applicant may appeal such
deniial to the city council by written notice to the
mayor within ten (10) days of such denial..
Section 5. r'crmi.l_
The following Use and maintenance regulations shall be
anplivahle to mobile homes located within the City ofi
Anna.-
A.
nna:
A. All. mobile homes shall be installed and anchored in
accordance with Texas Department of Labor and
Standards rules and regulations.
B. All mobile homes occupied as living quarters shall
contain ooerable smoke detectors.
C. No mobile home manufactured prior- to Jane 15, 1976,
shall be occupied as living quarters within the
city.
is D.. A11 mobile homes occupied as living quarters shall,
be located and placed on separate .Lots with the
front decor facing the street in the same manner as
other residential structures in the block in order
to conform as closely as possible. All building
setback requirements shall be followed when planing
as mobile home for permanent occupancy as provided
for in the zoning regulations.
E. The temporary parking of only one (1) mobile home
belonging to the owner or tenant of the dwelli.nr.1
upon the lot on which the mobile home is placed may
be permitted behind the front building setback line
of the lot orovided no living quarter shall be
maintained in such mobile home while such mobile
home is parked or 6tored. The mobile home so
stored shall not be closer than twenty feet (201)
to an occupied residential structure. Removal of
wheels and skirting requirements., shall not be
applicable to such temporarily stored, unoccupied
mobile homes.
F. 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.
0. 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.
H, No driveway shall be Permitted in the front rear of
any mobile home lot being occupied as living
quarters except along either side of the lot at a
right angle tv the street or as a circular
driveway..
1. Firm resistant shirting 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,
J" 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
underneath inspection of the mobile home"
Section 6. Certi�,icuty uf OppM1gSngY.
It Upon compliance with the relevant provisions of this
Ordinance a Certificate of Occupancy shall be issued to
the mobile home owner.
Section 7" IDpF!nUQn
A. IMIMioDs Required
The building official is hereby authorized and
directed to make such inspections as are necessary
to determine compliance with this Ordinance"
B. E0t!v, on, Promigos
The building official shall have the oower 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.
Section B. NPlicX§,. H���iI�and. O!�dg1,,A.
A° NAW of Vialstyygst ReguiromeltA of 1401icP,
Whenever it is determined that there are grounds to
bVieve that there has been a violation of any
' provision of this Ordinance, the building officjal
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 agentv provided that such notice or order shall
be deemed to have been properly served upon such
licensee or agent when a copy thereof has been nent
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
if taken, will effect compliance with the
provisions of this Ordinance`
B. APDpak From Deniol of Pkr8Litby theBvildiDg
Offix i#1
Any person affected by the refusal of the building
Official 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 official 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
4ive the Petitioner written notice thereof. At
such hearing the petitioner shall be given the
opportunity tu be heard and to show why such
refusal should be modified or withdrawn"
C. RPUMMI F�Com NOM X§IMMd. by the ByildiDg, OfficiMl
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 council, provided that such person
shall file within fifteen (15) days after the day
the notice was servedv in the office of the city
secretary, a written petition requesting such
heari:m and setting forth a brief statement of the
prounds therefor. The Filing of the request for a
hearing shall operate as a stay of thq 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 thereof. At such
0
hearing, the petitioner ,hall be ,given am
ol. portunity to be heaa,d and to show why such notice
should bw modified or withdrawn.
D. I..iaor.om i:lrcley-
Aft:e+r 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 Sec:t!un 8, AM) hereof.
Upon failure to comply with an order by the
building official sustaining or modifying ca
decision thereon, the occupancy permit affected by
the order shall be revoked,
E. Ord,Nr Wit:hu i Nuh,:re_,!�
Whenever the: building official finds that; an
emergency exists which requires immediate action to
Protect the public health or safety, he Irl<•ay without
notice or hearing issue an order reciting the
exi.stenc:o of such an emergency and requiring that
action bo 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 S.D. of this
Ordinance shall be applicable to such hearing and
the order issued thereafter.
Section 9. Exc;.c'.X?a; pps,
No permit shall be required and the provisions of
this Ordinance shall not be applicable to
e. noccupimd mobile Mob ob disp1myed for sale ul.,
mobile home sales late and mobile homes in storrape
on mobile home manufacturing plant premises.
Section 10. L.,, . h r ].;i.,l;,y or'. Q y. Urrtl,i+r I I l„i. h (h it i nah e.
Neither, .the city nor any authorized agent acting
order the terms of this Ordinance shall be liable
or have any liability by reason of orders issued ar•
work done in compliance with the terms of this
Ordinance.
Section 11.. Qunf1 ie LAP hl,Yanalu^el;, Rr.pe ajc.,ci
•All Ordinances or parts of Ordinances in conflict
herewith are to the extent of swan Qonflict t.ereby
repealed.
6
Section .12., 6'PuW1.v
Any pers)n violating any of the Provisions of this
Ordinance shall be deemed guilty of a misdemeanor,
and upon conviction, shall be subject to a fine not
to exceed the maximum as prescribed by law..
Furthermore, each and every dilly any such violation
of this Ordinance shall continue, following
properly served notice, shall constitute a separate
and punishable offense.
section 13. ,Gy,prob i,,;l„;it,y.
It is hereby declared to be the intention of the
city council that the suctions, paragraphs,
sentencea, clauses and phrases of the Code of
Ordinances hereby adopted are severable and, if any
phrase, clause, sentence, Pa-ap-aph, or section
shall be declared unconstitutional by the val'tel
judgement or decree of any court of competent
J'..: Wi.ction, such unconstitutionality shall not
affect any of the remaining phrabes, clauses,
sentences, paragraphs and sec:tionL•, since the dame
would have been enacted by the city council without
the incorporation of any unconsti.t.,tional phrase,,
clause, sentence, paragraph, or section.,
Section W offeM,y,e_ pop R.
This Ordinance will take effect immediately from
and after its massage and the p.abl.icat.iop of the
caption on the law in such caves provides.
PASSED
AND
APPROVED
this
a' 4;
day of-....
.... ... .... ......
1.99,x_„
by 'the
City
Council
of the
City of
Puna,
Texas.
9T:
retar