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HomeMy WebLinkAboutO-2021-3840 Amending Chapter 98 "Mobile Homes and Mobile Home parks" of the Code of Ordinances by Authorizing the Placement of recreational vehicles at mobile home parksORDINANCE NO.2021-3840 AN ORDINANCE AMENDING CHAPTER 98 "MOBILE HOMES AND MOBILE HOME PARKS" OF THE CODE OF ORDINANCES BY AUTHORIZING THE PLACMENT OF RECREATIONAL VEHICLES AT MOBILE HOME PARKS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 98, "Mobile Homes and Mobile Home Parks", of the La Porte, Texas, Code of Ordinances is hereby amended in its entirety and shall hereinafter read as follows: "Chapter 98 - MOBILE HOMES AND MOBILE HOME PARKS ARTICLE I. - IN GENERAL Sec. 98-1. - Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings herein ascribed to them: Camper means any enclosed structure intended for human habitation mounted on any manufactured pickup truck or flatbed vehicle. HUD -code mamufactured home means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24. C.F.R. Section 3282.15. Manufactured housing; or manufactured home means a HUD -code manufactured home or a mobile home and collectively means and refers to both. Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. Mobile home park or Manufactured housing park means any area, lot or tract of land upon which two or more mobile homes, manufactured homes, or recreational vehicles occupied for dwelling or sleeping purposes are located. Such term shall be deemed to include mobile home parks existing and in operation in the city on January 13, 1969, or which may hereafter be created under the terms of this chapter. Mobile home park excludes sales areas or lots used exclusively for the sale of mobile homes. Recreational vehicle is: (1) A vehicle or vehicular structure not certified as a manufactured home; (2) Designed only for recreational use and not as a primary residence or for permanent occupancy; and is either: (i) Built and certified in accordance with either NFPA 1192 (incorporated by reference, see 3282.16) or ANSI A 119.5 (incorporated by reference, see S 3282.16) as provided by paragraph (c) of this section; or (ii) Any vehicle which is self-propelled. Sec. 98-2. - Parking mobile homes outside authorized mobile home parks. 1t shall be unlawful for any person to park, place or locate any mobile home, manufactured home, or recreational vehicle being used for human habitation for living and sleeping quarters on any lot, tract or parcel of land in the city for a longer period than four hours, except in a licensed mobile home park. Sec. 98-3. - Application of chapter to campers or mobile home parks not used for human habitation. Nothing contained in this chapter shall be construed to prohibit parking or storing a camper or a mobile home on any tract or parcel of land within the city, so long as the same is parked or stored on such property in conformity with the requirements of the zoning ordinance, and, provided further, so long as the same is not used on such property for human habitation. Sec. 98-4. - Conflict of chapter provisions with zoning chapter. Wherever the zoning chapter requires higher standards than are required in this chapter, the provisions of the zoning chapter shall govern, and wherever the provisions of this chapter require a higher standard than is required by the zoning chapter, the provisions of this chapter shall govern. Without limitation of the foregoing, nothing contained in this chapter shall be deemed to waive the requirement for appropriate zoning or rezoning of any tract or parcel of land for mobile home park purposes, before issuance of any mobile home park permit. Secs. 98-5-98-30. - Reserved. ARTICLE II. - MOBILE HOME PARKS DIVISION 1. - GENERALLY Sec. 98-31. - Office and resident manager required. Each manufactured housing or mobile home park or subdivision shall maintain an office within the park with a resident manager or owner in charge. Secs. 98-32-98-50. - Reserved. DIVISION 2. - PERMIT Sec. 98-51. - Required. No mobile home park shall be constructed, or opened and operated, within the city limits, unless the owner shall first obtain a mobile home park permit. Sec. 98-52. - Issuance. When the mobile home park plans required by section 98-91 have been approved in writing by the planning and zoning commission, the building official shall be authorized to issue the permit required by this division. Secs. 98-53-98-70. - Reserved. DIVISION 3. - LICENSE AND OTHER FEES Sec. 98-71. - Annual license. (a) When the permit provided for in this section shall have been obtained, an annual license for the maintenance and operation of the mobile home park shall be issued to the owner thereof by the inspection services division, on payment of a fee in the amount established by the city council and listed in appendix A. Such license shall be valid until December 31 of the calendar year when issued, unless sooner suspended, revoked or surrendered. Such license shall be renewed annually thereafter, upon the payment of fee in the amount established by the city council and listed in appendix A. (b) All licenses issued under this section shall be nontransferable and nonrefundable and no vested, irrevocable right is conferred upon issuance thereof by virtue of such issuance only. Sec. 98-72. - Suspension or revocation. Any mobile home park license may be suspended or revoked by the city for the violation by the holder of such license of any of the provisions of this article or any other applicable city ordinance. An appeal may be taken to the city from any order revoking or suspending such license. Sec. 98-73. - Resident service fee. Each mobile home park owner, in addition to any other fees provided in this article, shall pay a resident service fee in the amount established by the city council and listed in appendix A per month for each unit in actual occupancy at the park as of the first day of each month, and no later than the tenth of each month, each owner shall pay the total fees and furnish the city a signed sworn statement showing the number of occupied units in the park as of the first day of that month. Such amount shall be subject to a penalty of ten percent if paid later than the tenth of the month. Secs. 98-74-98-90. - Reserved. DIVISION 4. - STANDARDS Sec. 98-91. - Construction or expansion plans --Generally. (a) Prior to any construction or installation of any building or utilities in a new or proposed mobile home park, and prior to any expansion of any existing mobile home park, the owner or operator thereof shall file with the planning and zoning commission four copies of complete and detailed plans of the mobile home park complying with the requirements of this article. In the event that an owner is not capable of developing plans and drawings acceptable to the building official, then all plans pertaining to sewer disposal, water supply systems, street paving and drainage, electrical systems, parking areas and recreational facilities, shall be prepared by a licensed professional engineer familiar with the design of such systems and facilities. (b) Two sets of the plans required by this section shall be provided by the planning and zoning commission to the building official for his review and approval. All such plans shall be drawn to scale and completely dimensioned. The building official shall refuse to examine any incomplete, unintelligible or indefinite drawings. (c) When the mobile home park plans required by this section show compliance with this article and all other applicable ordinances of the city, such plans shall be approved by the planning and zoning commission. All such construction and installation shall comply with such plans as approved. Sec. 98-92. - Same —Contents. (a) Plans required by section 98-91 for the design of any mobile home park shall meet the standards and requirements of the zoning chapter and shall clearly set forth the following information: (1) Name and address of the owner and operator. (2) Address, location and legal description of the property on which the mobile home park is to be located. (3) Extent of the area and dimensions of the mobile home park. (4) Size, location and number of mobile home sites segregated as to areas for dependent and independent mobile homes, if both are to be accommodated. (5) Entrances, exits, driveways, walkways and roadways. (6) Number, size and location of automobile parking accommodations. (7) Plan of storage facilities for use of the occupants of the mobile home park, if any. (8) Plans showing the number, size, location and equipment of all service buildings and other proposed structures, if any. (9) Location, size and design of recreation areas, if any. (b) Plans for any mobile home park shall be accompanied by additional plans meeting the requirements in the zoning chapter. Sec. 98-93. - Drainage and general maintenance requirements. (a) Mobile home park areas shall be well drained, free from trash and maintained in a clean and sanitary condition. The park operator shall maintain the entire area of the park free of rubbish, brush, leaves, weeds, rodents and vermin. (b) Occupants of mobile homes shall keep the site which they occupy in the mobile home park in a clean and sanitary condition. Sec. 98-94. - Access by fire apparatus. All mobile home parks shall have access to a public street by directly abutting thereon or by means of a private road for access by firefighting apparatus. The physical layout of any such park will be such that will permit fire department apparatus to approach within at least 100 feet of any part of any mobile home therein. Sec. 98-95. - Minimum area requirements generally. The area of a mobile home park shall be as required in the zoning chapter. Sec. 98-96. - Minimum area of mobile home sites. Each mobile home site in a mobile home park shall comply to the zoning chapter. Sec. 98-97. - Roadways for mobile home sites. All mobile home sites in a mobile home park shall abut a hard surfaced roadway having a minimum width as provided in the development ordinance. Sec. 98-98. - Vehicular parking facilities. Vehicular parking for mobile home sites shall be provided within a mobile home park in an amount which is required in the zoning chapter. Such area shall be in addition to the minimum area required for each mobile home site. Sec. 98-99. - Location of mobile homes with respect to property lines and public streets. No mobile home shall be parked within a mobile home park closer than 30 feet to any property line abutting a residential district, nor closer than 25 feet to any public street, or any street facing a residential district. Sec. 98-100. - Minimum spacing between mobile homes or campers. The minimum spacing between mobile homes or campers in a mobile home park shall be 18 feet, whether parked side by side or end to end. Sec. 98-101. - Water connections. Water connections for individual mobile homes in a mobile home park shall be provided and located on the same side of the site as the sewer lateral and shall consist of a riser at least four inches above the ground surface, with two one -half -inch valved outlets threaded for screw -on connections. Sec. 98-102. - Lighting for driveways, roadways and walkways. Adequate lighting shall be provided for all common driveways, roadways and walkways and shall deflect the light from adjoining properties. Sec. 98-103. - Direct -service utilities to be underground. All utilities on the site, for direct service to the user in a mobile home park, shall be installed underground." Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it; shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the ''clay ofOC"f"C713ER 2021. CITY OF LA PORTE, TEXAS y: �Wc is R. Rig y ayor ATTEST: -V LA n ee Woodward, City Secretary APPROVED AS TO FORM: Clark Askins, Assistant City Attorney