Ordinance 2016-21 - Ord. 2016-21 - Code of Ordinance updates for MHs & RVs, signed 5-3-16 ORDINANCE NO. 2016-21
AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF
ORDINANCES, SPECIFICALLY CHAPTER 30 "MANUFACTURED HOMES AND
RECREATIONAL VEHICLES; PROVIDING FOR A PENALTY; MAKING OTHER
PROVISIONS AND FINDINGS THERETO; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the Huntsville Code of Ordinances, Chapter 30 "MANUFACTURED HOMES AND
RECREATIONAL VEHICLES" provides for regulations to ensure clean, safe, sanitary living
environments for the protection of the public health, safety and public welfare of the City's residents:
WHEREAS, the City of Huntsville, as a home rule city may regulate this activity pursuant to its broad
powers of self-government; and
WHEREAS, City Council finds it necessary to amend its existing regulations of these activities to protect
the health and public safety; now therefore
WHEREAS, the City Council of the City of Huntsville, Texas now wishes to amend Chapter 30 to help
promote the health, safety and welfare of its residents;
WHEREAS,notice of the agenda for this meeting,was given in accordance with law by posting the same
at the place reserved and designated for notices of public meetings and public activities and prior to the
adoption of this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and
correct and are hereby adopted,ratified, and confirmed.
SECTION 2: Huntsville Code of Ordinances Chapter 30 "MANUFACTURED HOMES AND
RECREATIONAL VEHICLES" is hereby amended in its entirety and replaced with a revised Chapter 30
as shown on the attached Exhibit"A".
SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the
provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the
City not in conflict with the provisions of this Ordinance shall remain in full force and effect.
SECTION 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged
or held to be unconstitutional, illegal or invalid,the same shall not affect the validity of this Ordinance as
a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or
unconstitutional.
SECTION 5: This Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of
passage by the City Council,as provided by Article 4.14 of the Charter of the City of Huntsville,Texas.
PASSED AND APPROVED on this the 3--A day of 2016.
T F HUNTSVILLE
uni ger, Mayor
ATT T: AP R VED AS TO FORM:
Lee oodward, City ecret L and-Schneider, City Attorney
i
EXHIBIT "A"
CHAPTER 30 — MANUFACTURED HOMES AND RECREATIONAL VEHICLES
ARTICLE I. - IN GENERAL
Sec. 30-1. -Purpose and Intent.
The purpose of these regulations is to ensure clean, safe, and sanitary living
environments for the protection of the public health, safety, and welfare of the citizens of
the city.
Sec. 30-2. -Applicability.
This chapter governs:
The maintenance and operation of manufactured home parks and manufactured
homes outside of parks existing prior to August 31, 2015.
Appropriate areas for installation of manufactured housing
Sec. 30-3. -Definitions.
The following terms and phrases shall have the following meanings when used in
this chapter:
All-weather surface - a dust free surface raenstruGted Of GGRGFete OF asphalt
consisting of a minimum of six (6) inches of approved crushed rock base material on
compacted or undisturbed subgrade.
Approved — when used with reference to a material or method of installation or
construction, means an approval by the building official. Approval shall be granted if the
building official finds that the item is suitable for its intended purpose and is not
dangerous or detrimental to life, safety or welfare of people or property except as
otherwise provided in this chapter. Such finding shall be based on the results of
investigation or tests conducted by the building official, accepted principles of safety, or
the results of tests by reliable national or state authorities or technical or scientific
organizations.
Building Official- the building official of the City of Huntsville or his designee.
HUD-code manufactured 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; built on a permanent chassis; designed for use as a dwelling with or
without a permanent foundation when the structure is connected to the required utilities;
transportable in one or more sections; and in the traveling mode, at least eight body feet
= in width or at least 40 body feet in length or, when erected on site, at least 320 square
feet; includes the plumbing, heating, air conditioning, and electrical systems of the
9
home; and does not include a recreational vehicle as defined by 24 C.F.R. Section
3282.8(8).
Installation - the construction of the foundation system and the placement of a
manufactured home on that foundation. The term includes supporting, blocking,
leveling, securing, anchoring, and connecting multiple sections or components and
making minor adjustments.
Manager- the person responsible for the control, direction, maintenance and
supervision of a manufactured home park, whether an owner or otherwise. Executors,
guardians, receivers or trustees may be regarded as owners/managers.
Manufactured home or Manufactured housing means a HUD-code manufactured
home or a mobile home. - ,
aGGOr-daRG9 With the Fuler, of the United States DepaFtment of Housing and Urban
Development, tr sort one nr more c tient+ whish in the tri+\/ li n FnGde in
�iiVf.7TTTVTIlj CrRTfD}7VTCRV7✓—fTl�l'7�01—T VT�i tri GTVIT�7, G7�Ti7Tr��TJ
eight (8) body feet or mere in width and forhi (40) body feet or mere in length er when
t
eFeGted on-site is thFee hundFed twenty (320) OF Fnere square
and whiGh *6 built an
,�} feet,
a- permaReYtt-6ha sir,. and de6i`gRed to he used a dwelling without t a
peImRn euRta' en when V0nnecAedto the reqUn7red utilities, and iRetlQdes the
plumbing, t
reGFeatmenal vebisle-as that err�Qefaned-by 24G- r-Toertion 32.820
Manufactured home space - a space within a manufactured home park upon
which a single manufactured home is or may be placed. This term shall also include a
"lot" or"site" on which a manufactured home is placed.
Manufactured home park- a contiguous development of land that, on the
effective date of this chapter, contains more than six (6) manufactured home spaces
that are offerer) for rent
t t
tFaRspeFtable an one
t t
length,On the traveling Fnede 06 eight (8) body feet ar rnere on Wod—t-h ()f
fefty (40) feet. er More an
when eFeGted on site Or, three hundFed twenty (320)
t
feet,
utilities,used ar, a dwelling with aF without a peF.m.-ament foundation when GORneGted to the
Fequ Fed and inGludes
t heating,
systems.
Mobile home: - means a structure constructed before June 15, 1976; built on a
permanent chassis; designed for use as a dwelling with or without a permanent
foundation when the structure is connected to the required utilities; transportable in
one or more sections; and in the traveling mode, at least eight body feet in width or at
least 40 body feet in length or, when erected on site, at least 320 square feet; and
includes the plumbing, heating, air conditioning, and electrical systems of the home.
Non-conforming- a building or other structure that was legal when constructed or
placed into operation but that is in violation of subsequently adopted regulations.
Parcel- a tract or plot of land of any size that may or may not be subdivided or
improved.
s
Person - includes both the singular and plural tense and means any individual,
firm, partnership, association, company, corporation, society or other group, however
organized.
Replaced- the relocation of a manufactured home whether upon the same lot or
tract of land or from one lot or tract of land to another.
Street- any street, alley, avenue, lane, boulevard or drive within the boundaries
of the manufactured home park.
Sec. 30-4. -Authority, enforcement and inspection.
(a) Authority. The building official shall be the issuing officer for all permits and
licenses under this chapter. The building official is authorized to establish
administrative rules and regulations relating to the performance of his or her
duties under this chapter.
(b) Enforcement. The building official will direct enforcement actions against an
owner or licensee, manufactured home installer and/or retailer, and/or a
manufactured home park owner or manager for violations of this chapter.
(c) Inspection. The building official is authorized to conduct inspections to
determine compliance with this chapter and all other laws.
Sec. 30-5. -Penalty.
Any person who shall violate any of the provisions of this chapter, upon
conviction, shall be fined as prescribed by section 1-11 of the Huntsville, Texas, Code of
Ordinances.
Sec. 30-6. -Fees.
The fees set forth in the City of Huntsville fee schedule shall apply to this
chapter.
Secs. 30-7---30-20.-Reserved.
Article II. Manufactured Homes Outside of Parks
Sec. 30-21. -Purpose and Intent.
It is the purpose and intent of the city by this article to ensure that all residents in
manufactured homes have clean, safe, and sanitary living conditions.
Sec. 30-22. -Requirements.
(a) The owners and occupants of manufactured homes lawfully in place on the
effective date of this chapter shall have ninety (90) days following notice to
the owner to install the required skirting. No notices shall be given by the City
until one year after the passage of this ordinance.
(b) The replacement of non-conforming or lawfully placed manufactured homes
on the effective date of this ordinance shall be required to comply with the
placement requirements of the City of Huntsville Development Code.
Sec. 30-23. -Submittal requirements.
All applications must be forms provided by the city and contain the following:
1-The name and address of the person having title to the manufactured
home;
2-A description of the manufactured home including exterior dimensions when
fully assembled, total square footage, name of the manufacturer, date of
manufacture, and the serial or identification number;
3-The proposed location for placement of the manufactured home by a plat or
metes and bounds legal description and a plot plan, diagram, or other means
adequate to advise the building official of the exact location contemplated and its
compliance with applicable codes and ordinances.
4-Any additional information the building official requires to aid in the
enforcement of this chapter or other laws applicable to the manufactured home.
5-Authorized signature. The application shall be signed by the owner of the
manufactured home and the owner of the land on which the manufactured home is
proposed to be replaced.
6-Finalization of replacement permit and issuance of a certificate of
occupancy. Upon meeting the following criteria, the building official shall issue a
certificate of occupancy for a replacement manufactured home:
7-The applicant has obtained all applicable permits and inspections; and
8-The building official has inspected the replacement of the manufactured
home and found that the manufactured home and its placement meet all applicable
requirements of this chapter and other applicable city ordinances, as well as any
state laws which may be enforced by the city.
Secs. 30-24---30-37.- Reserved.
ARTICLE III. MANUFACTURED HOME PARKS
Sec. 30-38. -Purpose and intent.
(a) It is the purpose and intent of the city by this article to ensure that all
residents in manufactured home parks have clean, safe, and sanitary
living conditions. This article will:
1-Establish minimum standards with which all existing parks must
be in compliance within one (1) year from the effective date of this
chapter; and
2- Establish standards for which all existing parks must be in
compliance within We {a} three (3) years from the effective date
of this chapter.
(b) Parks may be expanded provided that all other applicable codes, including
the requirements of the City of Huntsville Development Code, and
ordinances are met for the entire park.
Sec. 30-39. -One-year standards for manufactured home parks.
All parks must comply with the following standards within one year from the
adoption of this ordinance:
(a) All streets shall have standard street signs erected at appropriate
locations.
(b) All lots or spaces shall be sequentially numbered and the numbers
shall be displayed in a manner that is clearly visible from the adjacent street.
(c) Adequate security lighting shall be provided to illuminate streets
and park exits.
(d) All electrical distributions and connections must comply with
applicable city and state codes.
(e) All water and sewer lines and connections must comply with city
and state codes.
(f) All manufactured homes must comply with the tie-down,plasement,
and skirting requirement set forth in A#asle-I1 this article.
(g) Consistent with the adopted fire code for fire safety during
construction, approved vehicle access capable of supporting vehicle loading under all
weather conditions shall be provided to all lots or spaces.
Garbage dumpster(s) shall be provided by the park in the size and
numbers appropriate for the number of lots. The pad IocationLf for the
dum ster areas shall meet the current City of Huntsville Solid Waste Department
standards. �enG�
(i) A scaled site plan showing the la�iout of the park including allJ
streets, spaces, public areas, and amenities within the park unless one has already
been approved and is on file with the City.
Sec. 30-40. -Three-year standards for manufactured home parks.
All parks must comply with the following standards this c^^ti^^ within three (3)
years from the adoption of this ordinance:
(a)RaFks musthave as+n�dr.�in`."'`drainage system appFov `J hca--by the vnT
M nn File with the City
(b) The following street requirements must be provided:
(1) Be constructed of an all-weather surface. Such all-weather
surface shall consist, at a minimum of six (6) inches of approved crushed rock base
material on compacted or undisturbed sub, rc� ade.
(2) Be at least twenty (20) feet in width with no street parking
allowed.
(3) Dreyide de6iigg nate.d fire lane de6igRatieR on aGh hide.
(GjdtFeetlights shall be pFevided aIGRg allintemal streets at .. minim ,m
f three hundFed (300) feet betweeR lights and at all stFeet
(d)Q feAGe—shaflh�stallled around the nUter peFimeteFof the park to
high,visually sGFeen the park #em etheF PFOpeFtiee, eF publiG rights ef way. The feRGe shall
a minimum of six (6) feet
and Fnu6t be maintained On geed r-epaiF as leng as the
paFk Fem i iFatien. The fenGe must be GeRS#Ueted ef wood, bFiGk, split fare
blGG(, or WOR of these of imilar mateFial6 that GFeate .ten
effen4iye vis gel coreen
of aRY manufaGtured home 6p � thaR five hURdFed (600) feet fFem the Rea
Sewer line must he *F;stalled and maiRtain in annnrdanne with the
(g) Wirier line must he inc.4.alled- and m.nintain
/h\ Garbage rlehall he provided by the perk in the size
dumpster area(s) shall meet the r--urrent. Gity of Huntsville Selid Waste DepaFtment.
stRt'tdaMs.
Natural gas piping 6y6t s shall he IR6talled and maintained 4n
Sec. 30-41. -Operation of manufactured home parks.
All grounds and improvements shall be maintained in accordance with this
ordinance. Electrical systems, water systems, sanitary sewer systems, streets, parking
areas, buildings and structures shall comply with applicable codes and be maintained in
safe and sanitary conditions. Refuse collection sites shall be kept clean and sanitary;
grass and shrubbery shall be mowed and trimmed; fences, skirting and screening shall
be kept in a sound state of repair; grading and drainage shall be well maintained;
common facilities shall be operated in compliance with applicable ordinances; and the
park shall be maintained reasonably free of litter and debris.
The owner or operator of the manufactured home park shall be responsible for
the operation and maintenance of the park, including:
(a) Keeping the park in good repair and in a clean and sanitary
condition.
(b) Maintaining an as-built site plan showing space locations, space
and numbers, and utility line locations.
(c) Requiring that licensed installers be used in the placement of units.
(e) Notifying occupants of their responsibilities to:
(1) Maintain their homes, lots, facilities, and equipment in good
repair and in clean and sanitary conditions;
(2) Ensure proper placement of the manufactured home and the
installation of all utility connections; and
(3) Install proper skirting and manufactured home stands and
tie-downs.
(f) Abide by all other regulations, requirements, and laws of the city
and state.
Sec. 30-42. -Placement standards.
(a) Tie-downs and placement standards. Each manufactured home space shall
be provided with an adequate foundation for placement and tie-down of manufactured
homes to secure them against uplift, sliding, rotation, and overturning, in compliance
with the regulations of the state department of housing and community affairs.
(b) Skirting. Within thirty (30) days of nlanemen4f units mite• shall have r+i.r.v..�..entl .
J v rr
The owners and occupants of manufactured homes alFead lawfully in place on the
effective date of this chapter shall be rens Direr) +n nmmply with this requirement within
have ninety (90) days following notice to the owner to
install the required skirting. No notices shall be given by the City until one year after the
passage of this ordinance.
(c) The replacement of non-conforming or lawfully placed manufactured homes
on the effective date of this ordinance shall be required to comply with the placement
requirements of the City of Huntsville Development Code.
Sec. 30-43. -Inspection of manufactured home parks.
The building official is hereby authorized to make inspections as necessary or
desirable to determine satisfactory compliance with this chapter and all other applicable
ordinances and laws. The park owner or the owner's representative shall be responsible
for ensuring that all manufactured home utility connections, tie-downs, skirting, and all
park common facilities and grounds comply with this chapter.
Sec. 30-44. -Appeals.
(a) Whenever, owing to exceptional and extraordinary conditions, the literal
enforcement of the provisions of this article will result in a legal hardship or the inability
to reasonably amortize improvements within a manufactured home park, a park owner
may request a hearing to address such hardship or schedule for compliance with this
article.
(b) A request for such hearing must be made in writing and received by the
building official at least thirty (30) days prior to the applicable deadline for compliance
with this article. If a park owner timely requests a hearing, the Gity GOURsit Planning
Commission shall conduct such hearing within thirty (30) days from the date the request
is received. The park owner shall have the burden of showing that a legal hardship
exists or that the standards set forth in this article do not allow for the reasonable
amortization of specific improvements located within the manufactured home park.
(c) If the Planning Commission finds that compliance with this article would
prevent a park owner from reasonably amortizing his investment in specific
improvements located in such park, then the Planning Commission shall extend the
deadline for compliance with this article as necessary to allow full amortization of the
investment.
(d) An applicant for legal hardship who is dissatisfied with the action of the
Planning Commission relating to the granting or denial of legal hardship, has the right to
appeal to the City Council within 30 days after receipt of notification of such action. The
City Council must hold a public hearing and make its decision on the matter within 45
days of receiving the appeal notice.
Secs. 30-45---30-60.- Reserved.