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(A) New installation of mobile homes prohibited.
(1) No mobile home may be installed for use or occupancy as a residential dwelling within the city after 1-29-2006. No manufactured housing other than HUD-code manufactured homes maybe installed for use or occupancy as a residential dwellings within the city after 1-29-2006.
(2) The prohibition implemented by this section shall be prospective only and shall not apply to mobile homes previously permitted and used or occupied as residential dwelling within the city before the date of the ban. Mobile homes lawfully within the city on the date of the ban may be relocated, but only to a new location within a manufactured home park or manufactured home subdivision.
(B) Restrictions for manufactured homes. Unless otherwise provided in this chapter, no manufactured home may be used as a commercial building or for business purposes.
(C) Existing manufactured homes. An existing manufactured home located outside of a manufactured home park or manufactured home subdivision and occupied as a residence as of the date of this chapter will be allowed to remain on its existing site until the condition of the manufactured home violates the city codes. When the condition of the manufactured home violates city codes, the Building Official shall require the owner to repair it, move the manufactured home out of the city, or demolish it. Within a period of 90 days, or in the case of a fire or natural disaster, a period of 180 days, the owner may replace the manufactured home with another manufactured home one time only, which passed a property inspection report submitted by a licensed inspector and complies with division (D) below. If the unit is not in conformance with building standards, it shall be denied an occupancy permit, and utilities shall not be connected to it.
(D) Replacement manufactured home.
(1) Any replacement manufactured home shall:
(a) Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the replacement manufactured home will be located, as determined by the most recent certified tax appraisal for Montgomery County;
(b) Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the manufactured home will be located;
(c) Comply with city aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to other single-family dwellings in the neighborhood; and
(d) Be securely fixed to a permanent foundation.
(2) For purposes of this subsection, VALUE means the taxable value of the manufactured home and lot before the installation of the manufactured home on the lot.
(3) If any manufactured home located in a. manufactured home park or subdivision violates a city code, it shall be replaced with a manufactured home that has passed inspection by a licensed inspector, and be subject to the provisions of division (D)(1)(a) above.
(E) Manufactured home use and occupancy permit.
(1) No manufactured homes may be used or occupied as a residential dwelling within the city unless a permit for such use and occupancy has first been issued by the Building Official. All pre-owned manufactured homes must pass a property inspection report prepared by a licensed inspector before an occupancy permit will be issued. The completed property inspection report, a copy of which is attached as Exhibit "B" to the ordinance and is on file in the city offices, must be submitted at the time the application for occupancy permit is submitted.
(2) If the Director denies an application to install a new HUD-code manufactured home for use and occupancy as a residential dwelling, is deemed approved and granted unless the Building Official denies the application in writing within 45 days from the receipt of the application, the Building Official shall send the applicant a written denial of the application with the reasons for the denial.
(3) It shall be a condition of each manufactured homes use and occupancy permit that the home be installed in accordance with all applicable federal and state regulations, specifically including regulations adopted under the Texas Manufactured Housing Standards Act.
(4) Outside of manufactured home parks, it shall be an additional condition of each manufactured home's use and occupancy permit that:
(a) Each manufactured home be skirted to conceal view of the undercarriage from all sides; and
(b) Each manufactured home be accompanied by an accessory building providing not less than 200 cubic feet of storage space.
(5) A manufactured home's use and occupancy permit shall be of indefinite duration and shall remain in effect for so long as the manufactured home is not relocated and is maintained in accordance with the applicable requirements of this chapter.
(6) A manufactured home use and occupancy permit may be revoked if:
(a) The manufactured home fails to connect, or is disconnected from water, sewer, or electrical supply;
(b) The manufactured homes becomes unsafe or uninhabitable; or
(c) The certificate of occupancy of the manufactured home park within which the home is located is revoked.
(d) Each application for issuance of manufactured homes use and occupancy permit must be on the form prescribed by the Building Official and must be accompanied by an application fee in the amount as set out in Exhibit "A", which is attached to the ordinance and is on file in the city offices.
(7) The application must include:
(a) The applicant's name, address and telephone number;
(b) The make, model and year of manufacture of the manufactured home;
(c) The number of each label attached to all separate transportable sections of the manufactured home attesting that the section has been manufactured and inspected in accordance with the applicable requirements of the Department of Housing and Urban Development; and
(8) The location at which the manufactured home is to be installed, including as appropriate:
(a) The name and address of the licensed manufactured home park and the space in which the home will be installed; or
(b) The street address and lot and block location within a manufactured home subdivision where the home will be installed, as well as the name and address of the lot owner if different from the applicant.
(F) Administration of permits, revocation.
(a) The Building Official or a designated official acting under the supervision of the Building Official shall be responsible for administration of the provisions of this chapter, including those relating to the issuance and revocation of permits.
(2) Whenever any manufactured home or manufactured home park is operated or maintained in a manner in violation of the conditions of a permit or certificate of occupancy issued under this chapter, the Building Official shall give written notice to the interested part of the nature of the violation and of any required remedial action. The notice shall direct the person to remedy the violation within 30 days from the date of issuance. The notice shall be deemed sufficient if mailed to the address of the person as indicated upon the face of the permit application.
(3) The Building Official, following additional notice and opportunity for hearing, may revoke the permit or certificate of occupancy of nay person who shall fail to remedy a violation after the notice provided by division (F)(2) above.
(G) Appeals from decision of Building Official.
(1) Any person whose application for a license or permit has been denied by the Building Official shall have the right to appeal such decision to the City Council by filing a written appeal to the City Secretary within five business days of receiving written notice.
(2) Any license revocation or suspension, or any order for a utility disconnection, or any decision, order or action taken by the Building Official, may be appealed to the City Council by any person affected by the decision by filing a written appeal to the City Secretary within five business days of receiving written notice.
(3) Any such appeal shall be heard and determined by the City Council within 30 days of the filing of the notice of appeal to the City Secretary.
(H) Miscellaneous manufactured home and recreation vehicle requirements.
(1) Each manufactured home in the city shall have two exit doors. Such doors shall be located remote from each other. Screen doors shall be of the hinged type, opening outwardly from the inside.
(2) Each manufactured home in the city must meet the definition of a manufactured home as given in the definitions section of this chapter and have a permanent label affixed to it which certifies it as meeting the definition.
(3) Existing manufactured homes in the city as of the date of this chapter are exempt from this requirement.
(4) Each recreation vehicle in a manufactured home park must meet the definition of a recreation vehicle as given in the definitions section of this chapter and have a permanent label affixed to it which certifies it as meeting the definition. All recreation vehicles must maintain applicable current state registration. Existing recreation vehicles as of the date of this chapter and recreation vehicles not located in a manufactured home park, and not occupied as a full-time residence, are exempt from this requirement.
(5) Each manufactured home in the city shall have a skirt that will conceal from view the undercarriage on all sides of the manufactured home.
(6) Acceptable skirting material includes polyvinyl or other material that shall be approved in writing by the Building Official. Because polyvinyl will deteriorate when exposed to the sun, skirting of this material must be properly maintained and or replaced if and when it becomes unsightly.
(7) Existing manufactured homes in the city as of the date of this chapter will have one year to comply with this requirement.
(I) Mobile office units.
(1) Temporary construction facilities. A mobile office unit may be used as temporary facilities for any construction project in the city, provided that a valid building permit has been issued for such project by the Building Official
(2) Temporary offices. A mobile office unit may be used to house temporary offices, provided that the following conditions are met:
(a) The proposed office use and location conforms to the city regulations.
(b) Any such mobile office unit has documentation certifying that it has been manufactured in accordance with nationally recognized standards.
(3) Installation standards. All installation standards of this chapter are met and an installation permit as specified in this chapter is obtained for any such mobile office unit.
(4) Grounding. Any such unit is anchored to be ground as specified in this chapter.
(5) Utility connections. All utility connections are inspected as provided in this chapter, and comply with requirements of this chapter.
(6) Mobile office unit to comply with city building codes. Any such mobile office unit complies with the city building codes regarding exits and handicapped accessibility.
(7) Inspection and certification. Any such unit is inspected and a certificate of inspection issued therefore as prescribed in this chapter prior to occupancy.
(8) Time limit; temporary office or commercial space. Any such unit shall be limited to use as a temporary office or commercial space for a period of one year from the date of the certificate of inspection. Manufactured units may be used to allow a new commercial business to get started; however, within a period not to exceed 365 calendar days, a permanent structure must be in place for long term use, with all the applicable permits issued and fees paid.
(9) Fire protection water supply, fire hydrants and the like. Any such unit shall be provided with fire protection water supply, fire hydrants and fire department access as specified in the city fire code.
(10) Right-of-way encroachment. No mobile office shall be placed on or encroach into the public right-of-way without specific written permission for such encroachment from the Building Official.
(Ord. 09-0721, passed 7-21-2009) Penalty, see § 155.999