§ 151.03 OCCUPANCY REQUIREMENTS.
   (A)   It shall be unlawful for any person to occupy a recreational vehicle outside a manufactured home park for more than 72 hours unless said occupancy is in conjunction with a related city sponsored event.
   (B)   It shall be unlawful for any person to place, occupy or connect to city utilities, a HUD-Code manufactured home or a mobile home outside a manufactured home park without conforming with the following provisions.
      (1)   Application.
         (a)   An application must be submitted to the City Secretary containing the following information:
            1.   The name and address of the applicant;
            2.   The location and legal description of the property on which the HUD-Code manufactured home or mobile home will be located;
            3.   An affidavit by the applicant regarding the type of dwelling (whether HUD-Code manufactured home or mobile home) applied for and averring that the structure will be owner occupied; and
            4.   The requisite information to ensure that the installation and maintenance of the HUD-Code manufactured home or mobile home will be in accordance with the rules and regulations required by this chapter.
         (b)   The application shall be accompanied by the application fee in the amount of $100.
      (2)   Requirements for installation of HUD-Code manufactured homes or mobile homes on individual lots. The installation of HUD-Code manufactured homes or mobile homes on individual residential lots not within a manufactured home park shall comply with the following standards.
         (a)   Prior to placement, the structure shall be inspected by the Building Official or his or her designee to ensure the structure is habitable and complies with 24 C.F.R. part 3280b Manufactured Home Construction and Safety Standards.
         (b)   The minimum horizontal dimension of the main structure after installation on the site shall not be less than 24 feet.
         (c)   Except where limited by the width of the lot and the lot dimensions, the widest horizontal dimension of the structure must face the street.
         (d)   The frame shall be supported by and tied to a permanent concrete foundation and anchoring system meeting the current requirements of the Texas Manufactured Housing Standards Act, Tex. Occupations Code, Chapter 1201, as ministered by the Texas Department of Housing and Community Affairs, Manufacturing Housing Division, or successor agency, and must otherwise comply with all federal and state laws concerning manufactured housing.
         (e)   Axle and hitch assemblies shall be removed at the time of placement on the foundation.
         (f)   The floor of the manufactured home shall be no more than 18 inches above the average adjacent ground level at the foundation on all sides visible from an abutting street or from a lot containing a site built single-family dwelling.
         (g)   A stoop, porch, patio or deck must be provided at each entrance to the structure.
         (h)   The space between the ground level and the floor level of the structure shall be skirted with non-degradable materials compatible in color, style and texture with the exterior of the home if the concrete foundation does not already enclose that space.
         (i)   The roof of the main structure shall have a pitch equal to or greater than 2:12, and shall overhang the exterior walls at least six inches.
         (j)   1.   Site-built attached additions, and detached structures in the front or side yards, must be compatible in color, style and materials with the exterior of the manufactured structure.
            2.   Detached structures that are not compatible in color, style and materials must be located in the rear yard.
         (k)   Electrical power service shall be obtained through a city approved meter installed on the exterior of the manufactured home, if the meter base was preinstalled by the home manufacturer.
         (l)   The owner shall cancel the personal property title on the manufactured home so that it can be rendered as real property for the purpose of ownership, taxes, insurance and financing.
         (m)   The land and structure shall be under the same ownership.
         (n)   All of the lot area requirements and building setback requirements for residential housing within the city shall be complied with.
         (o)   All rules and regulations of the city regarding the water and sewer service and the installation and maintenance thereof shall be complied with.
         (p)   The owner/occupier shall also subscribe to the city garbage collection service.
      (3)   Review of application by Mayor. The Mayor or his or her designee shall review the application to ensure that all city regulations are complied with, including, but not limited to, Ord. 1105-2, Subdivisions, of the city ordinances. The Mayor or his or her designee shall also ensure that all utilities are readily available. In the event that the application does not comply with the provisions of this code, the City Manager or his or her designee shall cause a written notice to be issued to the applicant indicating the deficiencies and requirements for curing the same. The applicant shall have a period of 30 days in which to cure the deficiencies noted. Otherwise, a new application and application fee will be required. If the application does meet all city regulations, the license shall be issued to allow placement of the manufactured home.
      (4)   Issuance of certificate of occupancy. No person shall occupy a manufactured home and no utility services shall be provided to a manufactured home until the Building Official issues a certificate of occupancy. No certificate of occupancy shall be issued until the manufactured home complies with all placement requirements contained in this section and with all other applicable requirements in the city ordinances.
      (5)   Transfers of title. A mobile home license may be transferred by its owner along with a conveyance of the lot upon which it is situated by the owner. A copy of the document transferring the license shall be filed with the City Manager.
      (6)   Changes in occupancy. Although no application for the establishment of a mobile home or manufactured home to be located outside of a mobile home park shall be granted if the intent is to rent or lease the mobile home or manufactured home, a moratorium shall exist for presently existing mobile homes or manufactured homes for rental purposes, which shall begin upon the passage of the ordinance amending this chapter to so provide and shall end 60 days from such date. Within such 60-day period, the owner of a mobile home or manufactured home which is presently located within the city which is intended to be used for rental purposes shall be entitled to apply for a license for such mobile home or manufactured home. After the expiration of such 60-day period, no applications shall be considered for mobile homes or manufactured homes that are intended to be rented or leased. It shall also be unlawful for any mobile home or manufactured home to be occupied by more than a single family and all mobile homes or manufactured homes located inside or outside of mobile home parks shall be limited to single-family occupancy. Except for those mobile homes or manufactured homes that are rented or leased and have obtained licenses pursuant to the moratorium set forth herein, it shall also be unlawful for any mobile home or manufactured home to be occupied by anyone other than its owner or members of the owner’s immediate family. In the event that any existing licensed mobile home or manufactured home changes occupancy in a manner that makes the occupancy of the same a violation of the terms of the ordinances of the city, such occupancy shall constitute grounds for the cancellation of the license previous issued and, after a written notice of ten days to cease the violation, the City Manager shall have the authority to cancel the license and order the mobile home or manufactured home to be vacated.
(Ord. 0408-3, passed 4-14-2008) Penalty, see § 151.99