Loading...
§ 152.03 PERMITS.
   (A)   It shall be unlawful for any person to place, construct, alter or extend any mobile home within the city unless a plan for the mobile home park or independently sited mobile home has been approved by the city Planning and Zoning Commission and the City Council and unless the person holds a valid building permit issued by the city Building Official in the name of the person for the specific construction, alteration or extension proposed, except that the placement of a permanent mobile home within a licensed mobile home park, shall not require approval by the Planning and Zoning Commission but shall be accompanied by the regular fee for a building permit.
   (B)   All applications for permits for independently sited permanent mobile homes shall conform to the standards which are required for the issuance of a building permit by the city.
   (C)   All applications for permit for licensed mobile home parks shall contain the following:
      (1)   A formal written request by the applicant containing the name and address of the applicant;
      (2)   Location and legal description of the mobile home park;
      (3)   Plans and specifications of the water supply and refuse and sewage disposal facilities;
      (4)   Plans and specifications of all buildings constructed or to be constructed within the mobile home park;
      (5)   Plans and specifications of roadways, walkways, driveways and parking areas; and
      (6)   A complete plat of the mobile home park drawn legibly and conforming to the requirements for plats set forth by the County Clerk of Johnson County, Texas, but not be limited to the following:
         (a)   Names and addresses of the record owner, engineer and/or surveyor;
         (b)   Proposed name of the park, which shall not have the same spelling as or be pronounced similar to the name of any other mobile home park located within the city, or within five miles of the city, unless the park is contiguous to a recorded park and the plat represents an additional installment or increment of the original park. Neither shall any street within the park duplicate or cause confusion with the name of any existing city street;
         (c)   The area and dimensions of the tract of land;
         (d)   The park boundary lines indicated by heavy lines;
         (e)   The number, location and size of all mobile home lots with a number or letter to identify each lot or site;
         (f)   The locations and width of roadways, walkways, driveways and parking areas;
         (g)   The location of water and sewer lines and riser pipes;
         (h)   Date of preparation, scale of plat and north point;
         (i)   Location of city limits line, the outer border of the city’s extraterritorial jurisdiction, and boundaries, if they traverse the park, form part of the boundary of the park, or are contiguous to that boundary;
         (j)   Vicinity sketch or key map on the plat at a smaller scale approved by the Director of Planning;
         (k)   The location, dimensions, description and flow line of existing watercourses and drainage structures within the park or on contiguous tracts;
         (l)   The location and details of lighting and electrical systems; and
         (m)   The setback lines on all lots and sites with respect to property lines and roadways.
   (D)    All applications shall be accompanied by a nonrefundable fee in the amount as set by the City Council and maintained in the master fee schedule.
   (E)   When, upon review of the application, the Building Official is satisfied that the proposed plan meets the requirements of this chapter, a permit shall be issued.
   (F)   Any person whose application for a permit under this chapter had been denied may request and shall be granted a hearing on the matter before the City Council under the procedure provided by § 152.07 below.
(Ord. 6-86, passed 10-1-1986; Ord. 05-19-2020-MASTER, passed 5-19-2020) Penalty, see § 152.99
§ 152.04 CERTIFICATE OF OCCUPANCY FOR PERMANENT MOBILE HOME.
   (A)   No permanent mobile home shall be occupied within the scope of this chapter, nor shall any city utility be connected to any permanent mobile home unless or until a certificate of occupancy for the permanent mobile home has been issued by the City Building Inspector. The Building Inspector shall, after an application therefor has been filed by the owner or his or her agent, issue a certificate of occupancy if, after inspection of the premises, it is found that same complies with the provisions of this chapter and any other applicable codes and ordinances relative to location, construction, arrangement, safety and sanitary facilities of mobile homes.
   (B)   Each mobile home that meets the definition of a permanent mobile home shall be anchored according to the following:
      (1)   Length up to 30, two per side including one on each corner;
      (2)   Length up to 30 to 50 feet, three per side including one on each corner;
      (3)   Length up to 50 to 70 feet, four per side including one on each corner; and
      (4)   Length over 70 feet, five per side including one on each corner.
   (C)   Each mobile home shall be skirted to ground level with a uniform material such as that used on the mobile home or by a brick or concrete or stone masonry curtain wall flush with the exterior wall of the mobile home.
   (D)   It shall be unlawful to occupy a mobile home other than as a private dwelling; provided, however, a mobile home may be parked at a construction site for use as a field office for a period not exceeding the period of construction, provided that not more than one mobile home may be used for demonstrations and office at a mobile home sale lot or licensed mobile home park.
   (E)   No mobile home is to be occupied as a permanent dwelling whose exterior dimensions are less than 12 feet by 50 feet.
(Ord. 6-86, passed 10-1-1986) Penalty, see § 152.99
§ 152.05 LICENSES; MOBILE HOME PARKS.
   (A)   It shall be unlawful for any person to operate any mobile home park within the city unless he or she holds a valid license issued annually by the Building Official in the name of the person for the specific mobile home park. In the case of licenses held by partnerships, corporations or associations, all owners of more than 5% beneficial interest shall be listed by name and address. All applications for licenses shall be made to the Building Official, who shall issue a license upon compliance by the applicant with provisions of this chapter.
   (B)    Every person holding a license shall give notice in writing to the Building Official within 24 hours after having sold, transferred, given away or otherwise disposed of interest in any mobile home park greater than 5%. The notice shall include the name and address of the person succeeding to the ownership or control of the mobile home park. Upon application in writing for transfer of the license, or a controlling interest in the entity holding such a license, and deposit of a fee in the amount as set by the City Council and maintained in the master fee schedule and plus a fee in the amount as set by the City Council and maintained in the master fee schedule for each mobile home site, the license shall be transferred if the mobile home park is in compliance with all applicable provisions of this chapter.
   (C)   Applications for original licenses shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the applications and by the non-refundable deposit of $100 plus $10 per mobile home lot, and shall contain the name and address of the applicant and all owners of more than 5% of beneficial interest in the applicant if the applicant is not a natural person; the location and legal description of the mobile home park; and a site plan of the mobile home park showing all mobile home lots, structures, roads, walkways and other service facilities.
   (D)   Applications for annual renewals of licenses shall be made in writing by the holders of the licenses, shall be accompanied by the fee in the amount as set by the City Council and maintained in the master fee schedule plus a fee in the amount as set by the City Council and maintained in the master fee schedule for each lot and shall set forth any change in the information submitted since the original license was issued or the latest renewal granted. Licenses shall be for 12 months and renewed annually.
   (E)   Any person whose application for a license under this chapter has been denied may request and shall be granted a hearing on the matter before the City Council under the procedure provided by § 152.07.
   (F)   Whenever, upon inspection of any mobile home park, the Building Official finds that conditions or practices exist which are in violation of any provision of this chapter, the Building Inspector shall give notice in writing in accordance with § 152.07(A) to the person to whom the license was issued that unless the conditions or practices are corrected within a reasonable period of time specified in the notice by the Building Official, the license shall be suspended. At the end of that period, the Building Official shall reinspect the mobile home park and, if the conditions or practices have not been corrected, he or she shall suspend the license and give notice in writing of the suspension to the person to whom the license is issued. Upon receipt of notice of the suspension, the person shall cease operation of the mobile home park except as provided in § 152.07(B).
(Ord. 6-86, passed 10-1-1986; Ord. 05-19-2020-MASTER, passed 5-19-2020) Penalty, see § 152.99
§ 152.06 INSPECTION OF MOBILE HOME PARKS.
   (A)   The Building Official is authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this chapter.
   (B)   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 chapter.
   (C)   The Building Official shall have the power to inspect the register containing a record of all residents of the mobile home park.
   (D)   It shall be the duty of the park management to give the Building Official free access to all lots at reasonable times for the purpose of inspection.
   (E)   It shall be the duty of every occupant of a mobile home park to give the owner thereof or his or her agent or employee access to any part of the mobile home park at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this chapter.
(Ord. 6-86, passed 10-1-1986)
§ 152.07 NOTICES, HEARINGS AND ORDERS.
   (A)   Whenever the Building Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, the Building Inspector shall give notice of the alleged violation to the person to whom the permit or license was issued, as hereinafter provided. The 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 any act it requires;
      (4)   Be served upon the owner or his or her agent as the case may require; provided, the notice or order shall be deemed to have been properly served upon the owner or agent when a copy thereof has been sent by certified mail to his or her last known address, or when he or she has been served with the 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 affect compliance with the provisions of this chapter.
   (B)   Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the City Council; provided, that the person shall file in the office of the Building Official a written request for a hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of any order issued under division (E) below. Upon receipt of the request, the City Secretary shall set a time and place for the hearing and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the request was filed; provided, that upon application of the petitioner the City Secretary may postpone the date of the hearing for a reasonable time beyond the ten-day period when in his or her judgment the petitioner has submitted good and sufficient reasons for the postponement.
   (C)   After the hearing the City Council shall make findings as to compliance with the provisions of this chapter and shall issue an order in writing sustaining, modifying or withdrawing the notice, which shall be served as provided in division (A) above. Upon failure to comply with any order sustaining or modifying a notice, the license of the mobile home park affected by the order shall be revoked.
   (D)   The proceedings at such a hearing, including the findings and decision of the City Council, and together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the records of the city. Any person aggrieved by the decision of the City Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
   (E)   Whenever the Building Official finds that any emergency exists which requires immediate action to protect the public health, he or she may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she may deem necessary to meet the emergency including the suspension of the permit or license. Notwithstanding any other provisions of this chapter, the order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the City Council shall be afforded a hearing as soon as possible. The provisions of divisions (C) and (D) above shall be applicable to the hearing and the order issued thereafter.
(Ord. 6-86, passed 10-1-1986)
§ 152.08 MOBILE HOMES LOCATED OUTSIDE MOBILE HOME PARKS.
   (A)   It shall be unlawful, within the city, for any person to park any mobile home on any street, alley or highway, or other public place, or on any tract of land owned by any person, occupied or unoccupied, within the city, except as provided in this chapter, or in §§ 154.001 through 154.025.
   (B)   Temporary stopping or parking is permitted on any street, alley or highway for not longer than two hours subject to any other and further prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for that street, alley or highway.
   (C)   No person shall park or occupy any mobile home that meets the definition of a mobile home on the premises of any occupied dwelling which is situated outside an approved mobile home residence park, or as provided in §§ 154.001 through 154.025, except, the parking of one unoccupied trailer or trailers on the premises is permitted provided no living quarters are maintained or any business practiced in said trailer while the trailer is so parked or stored. (This provision is not intended to apply to campers or travel trailers in which living quarters are maintained for a period of not more than ten days.)
   (D)   It shall be unlawful to occupy a mobile home other than as a private dwelling, provided, however, a mobile home may be parked at a construction site for use as a field office for a period not exceeding the period of construction, provided that not more than one mobile home may be used for demonstration and office at a mobile home sale lot or licensed mobile home park.
(Ord. 6-86, passed 10-1-1986) Penalty, see § 152.99
§ 152.09 NONCONFORMING MOBILE HOME PARKS AND MOBILE HOMES CONSTITUTE PUBLIC NUISANCES.
   (A)   Any mobile home park or mobile home in violation of the terms and provisions of this chapter is hereby declared to be a public nuisance, and the appropriate officers of the city are hereby authorized to institute any action necessary to restrain or abate the violation.
   (B)   Owners of mobile home residence parks or trailer courts existing as of the effective date of this chapter shall file with the City Secretary a plat showing all the mobile home park property they own and the improvements existing on the property, and shall file a schedule of changes to be made during a period of time not longer than five years necessary to bring the mobile home park to a conforming status with the provisions of the ordinance.
   (C)   Mobile home parks existing on the date of enactment of this ordinance shall have one year from the date of this chapter to file the five-year plan required above to bring the park into conformity with all aspects of this chapter.
(Ord. 6-86, passed 10-1-1986)
§ 152.10 REVISION OF PLAN AFTER APPROVAL.
   (A)   Where the Building Official or City Council finds that compliance with provisions of this chapter would result in undue hardship, an exemption may be granted by the City Council without impairing the intent and purpose of this chapter. Deviations from design, constructions and installation provisions shall be brought into compliance with this chapter within a reasonable period of time based on economic feasibility of improvement, nature, significance and extent of deviation, depreciation of material, improvement and layout in use and other similar factors, within a period not exceeding five years.
   (B)   Gradual improvements to a higher degree of conformity shall be permitted; provided that there shall be complete conformity at the end of the period prescribed above.
(Ord. 6-86, passed 10-1-1986)
§ 152.11 ENVIRONMENTAL, OPEN SPACE AND ACCESS REQUIREMENTS.
   (A)   General requirements. Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants of the mobile home park. The mobile home park site shall not be exposed to objectionable smoke, noise, odors or other adverse influence, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.
   (B)   Area requirement. No mobile home park shall be less than five acres in size.
   (C)   Site drainage requirements. The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner.
   (D)   Park areas for nonresident uses.
      (1)   No part of any park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.
      (2)   Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home stand or individually sited according to §§ 154.001 through 154.025, and connected to the pertinent utilities.
   (E)   Required separation between mobile home. Mobile homes within mobile home parks shall be separated from each other by 45 feet and from other buildings and structures by at least ten feet; provided that mobile homes placed end-to-end may have a clearance of ten feet where opposing rear walls are staggered. Permanent independently sited mobile homes shall conform to the requirement of Chapter 154 of this code.
   (F)   Required recreation areas.
      (1)   In all parks accommodating or designed to accommodate 25 or more mobile homes there shall be one or more recreation areas which shall be easily accessible to all park residents:
      (2)   The size of the park recreation areas shall be based upon a minimum of 100 square feet for each lot. No outdoor recreation area shall contain less than 2,500 square feet.
      (3)   Park recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located.
   (G)   Required setbacks, buffer strips and screening for mobile home parks.
      (1)   All mobile homes shall be located at least 30 feet from any park property boundary line abutting upon a public street or highway and at least 30 feet from other park property boundary lines.
      (2)   There shall be a minimum distance of 30 feet between the mobile home and abutting park street.
      (3)   All mobile home parks located adjacent to industrial or commercial land uses shall be provided with screening such as fences or natural growth along the property boundary line separating the park and such adjacent nonresidential use.
   (H)   Park street system and car parking.
      (1)   General requirements. All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. The access shall be provided by streets, driveways or other means.
      (2)   Park entrance. Entrances to mobile home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be permitted on the park entrance street for a distance of 100 feet from its point of beginning, unless the park entrance is at least 34 feet wide.
      (3)   Internal streets. Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements:
         (a)   All streets, except minor streets: 25 feet (from back of curb to back of curb if provided);
         (b)   Minor streets: 25 feet (acceptable only if less than 500 feet long and serving less than 25 mobile homes or of any length if mobile home lots abut on one side only); and
         (c)   There shall be no dead-end streets or cul-de-sacs in mobile home parks within the city.
      (4)   Car parking. Off-street parking areas or on-street parking lanes shall be provided for the use of park occupants and guests. Those areas shall:
         (a)   Be furnished with at least two car spaces for each mobile home lot; and
         (b)   Be located within a distance of 50 feet from the mobile home to be served, unless other vehicular access is provided. The minimum street width requirement under division (H)(3) above shall be increased by ten feet if on-street parking is the only type of car parking provided in a mobile home park.
      (5)   Required illumination of park street systems. All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night:
         (a)   All parts of the park street systems: Six-tenths footcandle with a minimum of one-tenth footcandle; and
         (b)   Potentially hazardous locations, such as major streets intersections and steps or stepped ramps: Individually illuminated with a minimum of six-tenths footcandle.
      (6)   Park street construction and design standards.
         (a)   Pavements. All streets shall be provided with a smooth, hard and dense surface or continuous, well-drained gravel over compacted base, which shall be durable and well drained under normal use and weather conditions. A suggested minimum construction detail shall be furnished by the Director of Public Works. Street surfaces shall be maintained free of pot holes and other hazards by the mobile home park owner.
         (b)   Grades. Grades of all streets shall be sufficient to insure adequate surface drainage, but shall be not more than 8%. Short runs with a maximum grade of 12% may be permitted, provided traffic safety is assured by appropriate paving, adequate leveling areas and avoidance of lateral curves.
         (c)   Intersections. Within 100 feet of an intersection, streets shall be at approximately right angles. A distance of at least 150 feet shall be maintained between centerlines of offset intersecting streets. Intersections of more than two streets at one point shall be avoided.
   (I)   Walks.
      (1)   General requirements. All parks shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual mobile homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.
      (2)   Common walk system. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. The common walks shall have a minimum width of four feet.
      (3)   Individual walks. All mobile home stands shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. The individual walks shall have a minimum width of two feet.
   (J)   Mobile home stands. The area of the mobile home stand shall be improved to provide adequate support for the placement and tie-down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation and overturning. The mobile home stand shall not heave, shift or settle unevenly under the weight of the mobile home due to inadequate drainage or other forces acting on the structure.
(Ord. 6-86, passed 10-1-1986)
Loading...