(A) Purpose, intent, applicability and scope. The purpose and intent of this section is to provide certain minimum standards, provisions and requirements for safe, sanitary and suitable methods for construction and operation of mobile home parks within the city, and to provide guidelines for the placement of mobile homes in areas of the city other than in mobile home parks. The provisions of this section shall apply to all mobile home parks established after the effective date of this section, and to all substantial additions to existing mobile home parks.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LICENSE. A written license issued by the City of Pleasanton authorizing and permitting a person to construct, alter or operate a mobile home park under the provisions of this section and regulations issued hereunder.
MOBILE HOME. A transportable, single-family dwelling unit which is mounted or maybe mounted on wheels and is suitable for year-round occupancy, and containing the same water supply, waste disposal, sanitary and electrical conveniences as immobile housing. The vehicles shall be eligible for registration by the State of Texas for operation in the public streets and highways. The term includes both mobile homes and manufactured housing as those terms are defined in state law.
MOBILE HOME PARK. Any lot, tract or parcel of land, used in whole or in part, for the accommodation of mobile homes by the day, week or a longer period of time, either for or without compensation.
OWNER or MANAGER. Any person who has the control, direction, maintenance or supervision of a mobile home park, whether as owner or otherwise.
PERSON. Includes both singular and plural and shall mean and embrace any individual, firm, partnership, association, corporation or society and their heirs, administrators, executors or assigns, agents, servants and employees.
PERMIT. A written permit or certification issued by the city authorizing the placement or removal of any mobile home on any tract of ground in the city.
PLOT PLAN. Graphic representation, drawn to scale, in a horizontal plane, delineating the outlines of the land included in the plan and all proposed use locations, accurately dimensioned, the dimensions also indicating the relation of each use to that adjoining and to the boundary of the property.
RECREATIONAL VEHICLE. This means any of the following while in use as a residence:
DEPENDENT TRAILER. A trailer which is dependent upon a service building for toilet and lavatory facilities;
MOTOR HOME. A portable, temporary dwelling to be used for travel, recreation and vacation;
TRAVEL TRAILER. Vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified travel trailer by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding eight feet and a body length not exceeding state maximum; or
SELF-CONTAINED TRAILER. A trailer which can operate independent of connections to sewer, water and electric systems. It contains a water-flushed toilet, lavatory, shower and kitchen sink, all of which are connected to water storage and sewage-holding tanks located within the trailer.
(C) Mobile home park license.
(1) Required duration.
(a) It shall be unlawful for any person to establish, maintain, conduct or operate any present or future mobile home park within the limits of the city without first having obtained a license therefore from the building official of the city.
(b) The license shall be for the calendar year or any part thereof, ending the December 31 of each year with the right to renew license yearly, if a mobile home park is in compliance with the mobile home park section.
(2) License fee. The annual license fee for each license or renewal thereof to operate a mobile home park shall be determined by the following fee schedule:
Up to 20 mobile home stands | $100 |
21 through 40 | $125 |
41 through 60 | $150 |
61 through 80 | $200 |
Each stand in excess of 80, an additional | $1 |
(3) Parking fee. The owner or manager of each mobile home park shall, before the tenth of each month, collect and send to the tax assessor-collector parking fee for all mobile homes parked in the mobile home park. This fee shall be $3 per month per mobile home whether occupied or not, and shall be paid on all mobile homes in the mobile home park on the first day of each month.
(D) Application procedure.
(1) Application for a license to operate a mobile home park, or renewal thereof, shall be made to the Building Official on the forms provided for that purpose. Application for the original license or to open a new mobile home park shall also include a plot plan on the proposed site showing all streets, utilities, mobile home locations, accessory buildings, fences and the like, to scale. Included with the application shall be the license fee as set out in division (C)(2) above, one-half of which shall be returned if the application is rejected, and the other half retained by the city to cover the cost of inspection and study.
(2) Upon receipt of the properly completed application, plot plan, if required, and license fee, the Building Official shall review the plans with the appropriate city departments to determine conformance with the standards set out herein, and any amendments thereto.
(3) After review, the Building Official shall notify the applicant of any revisions required, in writing.
(4) Upon approval of the application by the Building Official and other appropriate city departments, a license for the operation of a mobile home park shall be issued to the applicant, which shall be valid until December 31 of that year, at which time, application for renewal shall be made for the next calendar year as described above.
(E) Standards of development.
(1) Private streets. Private streets shall be provided and shall extend continuously from the public right-of-way so as to provide suitable access to all mobile home lots and other facilities or uses permitted in mobile home parks; as well as provide adequate connection to future streets at the boundaries of the mobile home park property line. Private streets shall meet the following standards:
(a) Minimum driving surface shall be as follows:
1. Class 1: private streets which provide direct access to 25 or more mobile home lots; 24 feet wide;
2. Class 2: private streets which provide direct access to five or more mobile home lots; 20 feet wide; and
3. Class 3: private streets which provide direct access to less than five mobile home lots; 14 feet wide.
(b) Private street intersections shall generally be at right angles; off-sets at intersection of less than 125 feet (centerline to centerline) should be avoided; intersection of more than two streets at one point should be avoided;
(c) Dead-end private streets shall be limited to a maximum length of 600 feet and shall be provided with a vehicular turning space, with turning circle of 80 feet in diameter;
(d) All private streets shall be constructed of all-weather materials which shall be durable and well drained under normal use and weather conditions; and
(e) Private streets which may connect two public street rights-of-way shall, by the use of curves, off-sets, location and/or the use of two or more streets, be located so as to discourage through traffic.
(2) Mobile home space. Each mobile home space shall conform to the following standards:
(a) Have available sanitary sewer, water, electrical power, telephone and natural gas if required. Those services shall be installed under the appropriate City of Pleasanton codes to the point of service;
(b) Abut and have access to a private street within the mobile home park;
(c) Provide a mobile home stand which shall provide an adequate foundation for the placement and tie-down of the single-family mobile homes anticipated, thereby securing the superstructure against uplift, sliding, rotation and overturning. The mobile home stands shall be:
1. Impervious to plant material such as weeds, grass and shrubs; and
2. Provide the anchors and tie-downs such as: cast-in-place concrete "dead mean," eyelets embedded in concrete foundations or runways, screw auger, arrowhead anchors or other devices which secure the stability of the mobile home, and shall be placed at least at each corner of the mobile home stand.
(d) Double frontage of mobile homes should be avoided;
(e) No vehicular access to a mobile home lot is permitted from a dedicated public street; and
(f) Each mobile home space shall consist of an area of at least 2,700 square feet and shall not be less than 30 feet in width.
(3) Setbacks. All mobile homes shall be located not closer than the following:
(a) The sides of mobile homes shall be no closer than ten feet to any other mobile home;
(b) The rear of the mobile homes shall be no closer than ten feet to any other mobile home;
(c) No part of the front of mobile homes shall be closer than ten feet to the paved surface of the private street;
(d) No part of any mobile home shall be located closer than 25 feet from any dedicated public street; and
(e) No part of any mobile home shall be located closer than 15 feet from mobile home park perimeter property line.
(4) Permanent structure. All permanent structures shall conform to all applicable building setbacks. Setbacks on private streets shall be a minimum of ten feet.
(5) Drainage. 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, so as not to permit water to stand or become stagnant.
(6) Lighting. The private streets, parking lots, walks and service areas shall be kept properly and adequately lighted at all times, so the mobile home park shall be safe for occupants and visitors; provided further, all entrances and exits shall be lighted.
(7) Refuse disposal. Facilities shall be provided for the storage, collection and disposal of refuse of the occupants of the mobile home park. If these facilities are so located as to require the entrances of city vehicles on private property a suitable release, as required by the city, shall be executed.
(8) Screening. Screening is required when any nonresidential use lies adjacent to a mobile home park. All screening shall be afforded through the use of natural barriers such as trees or shrubs where possible, either naturally in place, or planted specifically for screening. Where natural barriers are not feasible, a wooden "privacy" type fence shall be constructed. In either case, the barrier must be a minimum of eight feet tall, measured from ground level. No screening barrier or accessory building shall be allowed to obstruct a driver's line of vision for a reasonable distance from any street intersection inside or at an entrance or exit from the mobile home park.
(9) Off-street parking. Each mobile home space shall provide at least one off-street parking space. Additional parking places shall be provided at the rate of one-half parking space per mobile home unit. In common areas which are accessible to those units being served, the space shall:
(a) Have a permanent all-weather surface;
(b) Have dimensions of not less than nine feet by 20 inches;
(c) Be appropriately defined and marked;
(d) Be accessible to an all-weather surface private street;
(e) Be so located and regulated that no parking or maneuvering incidental to parking shall be on any public street or walk;
(f) Provide adequate barriers to keep any parked vehicle from extending into or overhanging any public dedicated street or private street; and
(g) Be so designed that any vehicle may be parked and unparked without requiring the moving of any other vehicle.
(F) Guest registration.
(1) It shall be the duty of the owner, his or her manager, representative or agent, to keep an up-to-date record of all guests and occupants of a mobile home park, noting thereon the following:
(a) Name and former address or home address of each occupant;
(b) Number of occupants in each mobile coach and cottage;
(c) Date of commencement and termination of occupancy; and
(d) License number and description of all mobile coaches, mobile homes, automobiles or other vehicles, together with the name of the state issuing the license.
(2) The above records shall be open for inspection at all times by the Police Department and tax assessor-collector of the city, or any of their duly authorized representatives.
(G) Swimming pools. Any mobile home park having a swimming pool or wading pool shall operate it in a sanitary manner and provide for the safety of swimmers and the public in accordance with methods approved by the Director of Public Health. Any mobile home park constructing a swimming pool or wading pool shall submit complete plans and specifications to the Director of Public Health and to the Building Official for approval. A building permit for the construction of the pools shall be obtained and same shall be constructed according to the approved design.
(H) Fire protection. The owner and manager of a mobile home park shall, at all times, see that all ordinances of the city relating to prevention of fires shall be fully complied with. Fire hydrants shall be provided, if none exist, so that no mobile home within the park shall be more than 500 feet from a fire hydrant.
(I) Securing in annexed areas. The owner of mobile home parks, which may become subject to the provisions of this section through annexation, shall be permitted 60 days in which to apply for a mobile home park license; provided, however, in the event the license application is denied, the owner shall be permitted to operate the mobile home park if he or she appeals the refusal of the building official to the City Council, but upon final refusal by the City Council to issue him or her a license, the right to operate the mobile home park shall terminate.
(J) Building permit, standards to be met. No person shall erect or construct, or proceed with the erection or construction of any trailer site, building or structure or to add to or enlarge, improve, alter, repair, convert, extend or demolish any mobile home site, building or structure or cause the same to be done without first obtaining the necessary permits therefor from the inspection department. All the work shall be constructed in accordance with the applicable City of Pleasanton codes.
(K) Mobile home license; issuance not a bar to city's powers. No license granted hereunder shall ever be held to bar prosecution for violation of any other provisions of this section or any other section or code of this city, or to prevent the enforcement of any such provision or ordinance or inhibit the exercise powers and duties of any officer under the terms of any such provision or ordinance.
(L) Revocation; suspension. The tax assessor-collector, Building Official or any other duly authorized employee of the city, such as Police Chief, Fire Chief or Fire Marshal shall have the right and authority to enter upon the mobile home parks at all reasonable times for the purpose of inspecting same, and to see that no legal violations are being made. The Building Official shall have the authority at any period of time, to suspend or revoke licenses, or to order utility disconnections for any of the following reasons:
(1) That the licensee, or any of his or her agents or representatives or employees are violating or have violated any provisions of this section, or any other ordinance of the city or the laws of the state;
(2) For refusal to allow the Building Official or any other duly authorized person to enter upon and inspect the mobile home park; or
(3) Upon notification by the tax assessor-collector of the licensee's failure to pay either license fee or parking fee by the stated time.
(M) Parking mobile homes and recreational vehicles outside mobile home parks.
(1) It shall be unlawful for any person to park or occupy any mobile home or recreational vehicle on any street, alley, highway, sidewalk or other public place in the city for a longer period than 24 hours.
(2) No mobile home or recreational vehicle shall be parked, used or occupied on any tract of ground within the city limits of Pleasanton except in a duly licensed mobile home park; provided, however:
(a) That placement of a mobile home when the standards for placement contained herein are complied with in every respect is permissible;
(b) That any mobile home now parked upon a tract of ground outside a duly licensed mobile home park may be continued to be used and occupied from the tract even though the use does not comply with the minimum space and area requirements contained in division (N) below, provided that a permit for the mobile home is obtained as specified in division (O) below; and
(c) That the building official may permit the parking, use and occupancy of a mobile home or recreational vehicle outside a duly licensed mobile home park for a period of time not exceeding ten days, when the mobile home or recreational vehicle is occupied by persons employed in the operation of a temporary recreational, amusement or civic activity. The temporary parking, use and occupancy of a mobile home or recreational vehicle shall be permitted only when the home or recreational vehicle is parked on the same premises on which the activity is located and only when adequate sanitary facilities are available upon the premises for the use of the occupants of the mobile home.
(N) Standards for placement outside mobile home park.
(1) Each site or tract of ground upon which a mobile home is proposed to be placed shall be a minimum of 4,500 square feet in size with a minimum width of 45 feet. Furthermore, the following setbacks shall apply:
(a) A mobile home shall be located not closer than ten feet from the rear of any structure if it is to be used as a secondary dwelling in conjunction with another dwelling located on the same lot;
(b) No part of any mobile home shall be located closer than 25 feet from any dedicated public street; and
(c) No part of any mobile home shall be located closer than ten feet to any property line.
(2) Any addition to a mobile home shall conform in all substantial respects to the electrical, plumbing and building codes of the city. The above set back requirements are equally applicable to mobile home additions.
(3) A mobile home may be occupied for business or residential use outside a licensed mobile home park provided that its wheels are removed and when mounted upon a permanent type foundation and as such shall conform to all applicable requirements of the Building, Electrical and Plumbing Codes and all other applicable codes and ordinances of the city. Mobile homes used as field offices during construction or mobile homes displayed for sale on mobile home sales lots and mobile home manufacturing plants are permitted.
(4) Placement of mobile home on mobile home stand by jacks or supports shall be such as to insure the retention of the mobile home in a fixed position.
(O) Permits for parking mobile homes outside a licensed mobile home park.
(1) A permit shall be required for all mobile homes now parked outside mobile home parks, and hereafter any person proposing to move or remove a mobile home outside a licensed mobile home park shall be required first to make an application for and obtain a permit for the same.
(a) The application for parking of mobile homes shall contain the following:
1. The street address, the subdivision name, lot and block number of the tract where placement is proposed;
2. A graphic representation of the location of any existing dwellings or structures on the tract and the proposed placement of mobile home in relation thereto including all pertinent dimensions; and
3. A statement as to location of water and sewer facilities and other utilities.
(b) The permit required herein above does not effect in any way the requirement for obtaining any and all permits for construction, installation, alteration or repair.
(c) An original permit fee of $10 is hereby established.
(d) Application procedure shall be as follows:
1. Application for a permit to place a mobile home on a tract of ground outside a licensed mobile home park shall be made on standard forms provided for that purpose by the City of Pleasanton. The application shall contain all information as specified in this division;
2. Upon receipt of the properly completed application, graphic representation and permit fee, the Building Official or other responsible official shall review the application with appropriate city departments to determine conformance with the requirements contained herein;
3. After review, the building official shall notify the applicant of any necessary revisions, in writing;
4. A permit shall be required for all mobile homes now parked outside mobile home parks; the permit shall be obtained from the tax assessor-collector prior to June 1, 1977, which shall cover the period until December 31, 1977, after which the annual permit renewal fee shall be $2 for each mobile home and shall be paid to the tax assessor-collector, the fees shall be for the calendar year ending December 31 each year; and
5. No permit shall be issued for the placement of a recreational vehicle outside a licensed mobile home park except as provided in division (M) above.
(2) Whenever the holder of a permit for a mobile home parked outside a duly licensed mobile home park that does not conform to the minimum standards contained in division (N) herein above fails to obtain a permit for same or upon damage to the mobile home by fire, explosion or any act of God to the extent of 25% of the market value of the mobile home, the permit shall terminate and become void and of no effect. Thereafter only when the placement of the mobile home shall conform in every respect to the standards for placement shall a permit be reissued or renewed.
(P) Appeal from decision of Building Official. Appeal of any decision of the Building Official regarding mobile homes or mobile home parks shall be made in writing to the City Secretary within ten days after being notified of the decision. Thereafter, a hearing shall be scheduled before the City Council on the matter. 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 determination by the City Council sustaining or withdrawing or modifying the decision shall be final.
(Q) Prohibition of installation depending on built date. All mobile homes built prior to June 15, 1976 are specifically prohibited from being installed for use or occupancy as a residential dwelling within mobile home parks or other areas within the city's corporate limits. This prohibition is prospective from its adoption and shall not apply to a mobile home previously legally permitted and used or occupied as a residential dwelling within mobile home parks or other areas inside the city's corporate limits.
(1989 Code, Ch. 3, § 3) (Ord. 1151, passed 5-4-1998) Penalty, see § 10.99
Statutory reference:
Manufactured Housing Standards Act, see Tex. Occupational Code, § 1201.055