For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HARD SURFACE ROADS, ALLEYS OR DRIVEWAYS. An asphalt or concrete road, alley or driveway.
HOUSE or BUILDING. Any permanent, single-family dwelling unit or building previously constructed and located at another site and, in this chapter, approved and permitted for relocation within the corporate limits of the town, as approved by Town Council, as well as all new construction.
MOBILE HOME. Any vehicle or similar portable structure having been originally constructed with wheels designed for use as a conveyance upon highways, and having no original foundation other than its own chassis, wheels, jacks or skirting, and so designed or constructed as to permit long-term occupancy for dwelling and sleeping purposes. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity or of two or more units, separately towable, but designed to be joined into one integral dwelling unit. As used in this chapter, the mobile home shall be interpreted to include HUD Code, Zone 2 manufactured homes not to exceed five years age at the time of the permit application, or a special exception permit must be obtained upon Town Council approval.
MODULAR HOME. Any permanent, single-family dwelling unit which has been fabricated or factory constructed as a single unit, or in sections or modules, without wheels or a chassis of its own, and assembled at the factory or construction site, and moved on a flatbed or other trailer to a permanent location as a unit or in sections or modules as a permanent single-family dwelling unit placed on a permanent foundation at such site and connected with all utility services.
NATURAL OR ARTIFICIAL BARRIER. Any river, pond, creek, canal, railroad, fence, tree or hedge that prohibits public view of and ease of access.
NONCONFORMING USE. A building, structure or use of land lawfully occupied at the time of the effective date of this chapter which does not conform to the plans, specifications and licensing requirements.
PERMITTEE. Any person to whom a permit is issued under the provisions of this chapter.
PERSON. Any natural individual, firm, trust, partnership, association or corporation.
SEPTIC SYSTEM. Either an aerobic system or a standard system with tanks and lateral lines.
TOWN. The Town of Holiday Lakes, Brazoria County, Texas.
TRAVEL TRAILER/RECREATIONAL VEHICLE. Any vehicular, portable structure designed as a temporary dwelling for travel, recreational and vacation uses, and includes folding, hardtop campers transported behind a motor vehicle; camper, converted bus, tent trailer, tent or similar device used for temporary, short-term occupancy, not to exceed six months unless a special exception permit is granted by Council, all of the above must maintain a current inspection and registration.
(Ord. 2009-01, passed 2-17-2009)
It shall be unlawful for any person to locate within the corporate limits of the town any mobile home, travel trailer, modular home, house or building, for dwelling purposes or other specified uses, unless application is made and approved by Town Council to locate same on private or commercial property as hereinafter provided.
(A) Application for special use permit. Any person desiring to place any of the aforementioned structures, for occupancy or business purposes, on a private lot, whether or not said lot or lots are vacant or have improvements thereon, shall file a written application for a special use permit with the Town Secretary. The application shall contain the name and address of the applicant; the size of the structure; the year (not to exceed five years old) and model and original cost of the unit, and a legal description of the property upon which said unit is to be located. In addition, the application shall give assurance of ability to comply with requirements for connecting the unit to all utilities; and show, by plot, the location of the unit on the proposed site so as to conform to existing building lines of adjacent conventional or residential properties. Placement must be at least 25 feet from the front property line and least five feet from side property lines. The completed application shall then be submitted to the Town Council for consideration or final approval.
(B) Other factors to be considered for approval of special use permit. The Town Council, in its final decision to approve an application for special use permit to locate any unit on a private lot, shall consider such other factors as follows:
(1) The location of the proposed mobile unit;
(2) The existing type of development and land use in the immediate area;
(3) The quality and type of proposed mobile home unit;
(4) The utilization of land and air space;
(5) The control of traffic and off-street parking;
(6) The most appropriate use of land involved in the particular application so as not to create hardship for the applicant or owner of any property surrounding the area and to be in the best public interest;
(7) The current concepts and standards for mobile homes and other aforementioned units;
(8) The fee for each permit shall not be construed as a bar to prosecution for or enforcement of any applicable law, or as any type of waiver by the town;
(9) A permit shall not be issued for any property with no septic system, unless the permit application is accompanied by an approved septic system permit issued by the State Commission on Environmental Quality;
(10) A permit may be issued for property with a pre-existing septic system if there is no other house, mobile home or manufactured home occupying the same premises; and
(11) Access to water service from the town will be denied if any unit was moved without an approved permit.
(C) Conditions for issuance of special use permit. As a condition for the issuance of a special use permit, Town Council may:
(1) Grant the permit for a limited time so long as the period of time is reasonable and not arbitrary or capricious;
(2) Grant the use of property under the permit be limited to the applicant, immediate family or guests and that any successor in interest must reapply for another special use permit;
(3) May direct the converting of mobile home to a permanent structure. removal of wheel or axles and tongue from a mobile home shall be construed to automatically convert the mobile home into a permanent structure, subject to the requirements of the Building Code, housing laws and all other laws applicable to dwellings according to the foundation plan prescribed herein and on file in the office of the Town Secretary; and/or
(4) Any combination of divisions (C)(1), (C)(2) or (C)(3) above.
(Ord. 2009-01, passed 2-17-2009) Penalty, see § 152.99
This chapter is not intended to abrogate or annul any permit issued or agreement made by the Town Council prior to the date of this chapter, with respect to the location of a mobile home, travel trailer, house or modular home.
(A) House moving; permit required.
(1) No person, firm, association or entity, incorporated or otherwise, shall hereinafter transport upon any of the streets or alleys within the corporate limits of the town, any house, barn or other building, whether the point of origin of said structures should already be within the corporate limits of the town or out of the town limits, without first having obtained a written permit from the town so authorizing. Said permit shall state the route to be taken over and across said streets and alleys. in the event said building is to be located within the corporate limits of the town, an application shall be filed for a permit to locate within the corporate limits.
(2) This section shall not apply to any structure of modular construction that is 12 feet wide or less, 24 feet or less long, and that meets any one of the following requirements: the building will be placed on a lot or parcel of land on which there is an existing residential structure and the building will be used solely for storage by the occupant of the residence; or the building will be placed on property that does not have an existing residential structure and will be used solely as an office or for other commercial, nonresidential use.
(3) Notwithstanding the above, this provision shall not apply to any house, trailer or mobile home transported under an oversize permit issued by the State Department of Transportation so long as the route traveled by the vehicle is entirely over highways maintained by the state.
(B) Permit to locate inside of corporate limits.
(1) The application shall contain the name and address of the applicant and a legal description of the property upon which the home is to be located, in addition, the application shall show by plot the location of the building or home on the proposed site so as to conform to all building and setback requirements; provided, that all requirements of this chapter have been met, the town shall have the authority to issue the permit.
(2) Prior to being used or occupied, any building moved into the town shall be brought into compliance with the Southern Standard Building Code currently effective. The applicant shall submit a plan of renovations or repairs contemplated to Town Council for approval. All repairs and renovations shall be completed within six months of the date the house is located inside the corporate limits, unless the time is extended by Town Council approval.
(C) Conditions under which house may be moved.
(1) All structures must be moved on pneumatic tires;
(2) All structures must be moved during daylight hours;
(3) An escort vehicle shall be provided by permittee for both the front and rear of the structure while in transit; and
(4) The applicant shall travel only at the times and the routes specified in the permit.
(D) Size requirement of houses. All residential structures, which includes new construction, that are moved into the corporate limits of town must contain at least 1,000 square feet of living area.
(E) Bonds required. No permit to move any house or other building for location inside the corporate limits of the town shall be issued until the applicant shall have deposited a bond in the sum of $2,000, which bond shall be signed by the applicant and two or more good and sufficient sureties or by the applicant and a surety company authorized to make surety bonds in this state. Such bond shall be conditioned so as to indemnify any and all persons and the town for any damage or loss to property or person or reasonable and necessary expenses caused to or incurred by any person as a result of the moving of any house or other building. The damage and loss covered by the bond shall be limited to incidents of physical damage or destruction of property and shall not include diminution of value caused solely by the fact that the structure was placed on the adjacent property. In the event the applicant is in the house moving business and contemplates moving more than one house or other buildings within a one-year period, he or she may make a blanket bond in the sum of $2,000, conditioned as stated above, but covering all building and houses for which he or she may obtain such permits during the year, and such buildings that may be moved by the applicant during such year. All such bonds shall be approved by the Town Council and shall be filed in the office of the Town Secretary.
(F) Site requirements. All defined structures referenced in section one shall comply with all requirements of all other laws and ordinances. All defined structures referenced in § 152.01 shall be elevated to or above the base flood elevation and be securely anchored to comply with the requirements of the designated FEMA flood zones and all other FEMA requirements. The average height of the bottom of a manufactured home or mobile home frame, above the ground elevation, shall not exceed three feet.
(G) Permitting fees. These fees shall be governed by the “mobile home 6c housing regulations”. These regulations may change from time to time as deemed appropriate and necessary by vote of Town Council.
(Ord. 2009-01, passed 2-17-2009) Penalty, see § 152.99
(A) Every person, firm, association, corporation or entity, incorporated or otherwise, convicted of a violation of a provision of this chapter shall be punishable by a fine not to exceed $500 per day per violation.
(B) Absent a showing of good cause, failure to complete renovations within the stipulated time in § 152.03 shall subject the owner of the structure to a fine not to exceed $500 for each day the owner is in violation of this chapter.
(Ord. 2009-01, passed 2-17-2009)