09 -Ordinance amending Ch. 22 Mobile Homes & MObile Home Parks, replacing Articles I & III of Ch. 22 Code of OrdinancesCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
02/17/10
Engineering, Planning &
Shawn Napier, P.E.
Council Date:
Development
Director of Engineering, Planning
9.
02/22/10
& Development
RECOMMENDED MOTION:
[IF THE SUPERMAJORITY RULE IS INVOKED] Move to approve an Ordinance amending Chapter 22 Mobile
Homes and Mobile Home Parks to read HUD Code Manufactured Homes and HUD Code
Manufactured Home Parks and repealing Articles I and III of Chapter 22 and replacing same with a new
Article I and Article III of Chapter 22 of the City of Paris Code of Ordinances; amending Section 8-101,
Primary Residential Uses, of the City Zoning Ordinance No. 1710 to designate appropriate zoning
districts for HUD Code Manufactured Homes and HUD Code Manufactured Home Parks in the City of
Paris, Texas and amending Section 12-100 of the City Zoning Ordinance No. 1710, as previously
amended, to provide for a specific use permit requirement for a HUD Code Manufactured Home use in a
One-Family Dwelling (SF-3) zoning district in the City of Paris, Texas.
POLICY ISSUE(S):
Zoning
BACKGROUND:
The accompanying draft ardinance has been revised (with the revisions highlighted in yellow) and
includes four major changes. First, the current process for permitting a HUD Code Manufactured Home
remains in place. Second, all existing parks will not have to come into compliance with the proposed
ordinance within a 10-year period but will be permitted as an existing use subject to compliance only
with Section 22-3 - Permits. Third, a section on skirting requirements has been added. Lastly, sections
of the Zoning Ordinance have been revised to remove all references to mobile homes. An
accompanying memo lists all of the other changes to the draft ordinance.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission recommended two changes listed in the memo on votes of 6-0.
EXHIBITS:
Ordinance and memo
ACTION:
BUDGET INFO:
N/A
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ~ Ordinance
Y7'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration E City Cletk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris ~ Revised 2/04/08
w f~0(.F07 i
MEMORANDUM
TO: Mayor and City Council
FROM: Shawn Napier, P.E.
City Engineer / Director of Engineering, Planning & Development
DATE: February 17, 2010
SUBJECT: HUD Code Manufactured Home Ordinance
Below is a list of the proposed changes to the HUD Code Manufactured Home ordinance and a
list of the changes City Council wanted at the special meeting to discuss this topic.
Amend Section 8-1Ol "Primary Residential Uses" of the Zoning Ordinance by replacing
Mobile Home with HUD Code Manufactured Home, removing the "Mobile Home
Subdivision" use and change the approved use for "Mobile Home Park" to be allowed in
SF-3 Zoning. (Shawn Napier- SN)
2. Amend Section 12-100 of the Zoning Ordinance Specific Use Permits (39) by replacing
Mobile Home (two locations) with HUD Code Manufactured Home and removing
"single-wide". (Shawn Napier- SN)
3. The document has been changed to gender neutraL (City Council - CC)
4. The existing HUD-Code Manufactured Homes and Parks will be grandfathered in as a
non-conforming use and will not be reyuired to conform within a specific period of time.
(CC)
5. Add a definition for Modular Home from the current ordinance in Section 22-1
Definitions. Modular izome means a structure or building module that is manufactured at
a location other than the location where it is installed and used as a residence by a
consumer, transportable in one (1) ar more sections on a temporary chassis or other
conveyance device, and is designed to be used as a permanent dwelling when installed
and placed upon a permanent foundation system. The term includes the plumbing,
heating, air conditioning, and electrical systems contained in the structure. The tenn does
not include a mobile home as defined herein, nor does it include building modules
incorporating concrete or masonry as the primary structural component. For purposes in
these regulations, the term includes only those structures manufactured after May 1,
1980, and bearing a modular decal of the Manufactured Housing Division, Texas
Department of Labor and Standards. (SN)
6. Alter the definition of "Site Plan/Plat" to require both a site plan, plat and reference the
platting in the Subdivision Regulations of the Code of Ordinances. (SN)
Page 1 of 3
fit
7. Revise Section 22-2 Parking manufactured homes outside manufactured home parks
paragraph two to allow HUD Code Manufactured Homes in One Family Dwelling
District No. 3(SF-3) with a specific use permit (39) and add this language to section 22-7
Mobile homes and HUD code manufactured home prohibited in the City of Paris. (CC)
8. Revise Section 22-3 Permits (b) 3. to change Section 8 to Section 22-41. (SN)
9. Delete (b) 4 of Section 22-3 notifications are sent to property owners within 200-feet of
any property applying for a zoning change witch includes specific use permits. (CC and
SN)
10. Revise Section 22-3 Permits (c) to reduce the proposed fees from $500 and $1,000 to
$100 and $500 respectively for permit fees in tracts of land under or over 30 acres in size.
(SN)
11. Revise Section 22-41 Site Plan to reference section 22-3 (b) instead of section 3(B). (SN)
12. Revise Section 22-42 HUD-Code Manufactured Home Park Standards 1. To change the
density from 8 to 10 spaces per acre. (SN)
13. Revise Section 22-42 HUD-Code Manufactured Home Park Standards 2. B. to change the
distance from 10-feet to 20-feet for distance between HUD-Code Manufactured Homes.
(SN)
14. Revise Section 22-43 HUD-Code Manufactured Home Space a minimum average width
of forty feet (40') feet, a minimum average depth of eighty feet (80') feet and a minimum
area of 3,200 square feet. (SN)
15. Revise Section 22-43 HUD-Code Manufactured Home Space by removing item #6.
(Planning and Zoning on a 6-0 vote)
16. Revise Section 22-44 by adding Skirting to the title and adding the following:
(c) Skirting is required for all HUD-Code Manufactured Homes within Sixty (60) days
of the date of placement of a HUD-Code Manufactured Home; the skirting must
extend around the entire perimeter. It must be installed per the manufacture's
installation instructions or if the manufacturer is not specific, to the standards in this
section.
1) Skirting installed on a HUD-Code Manufactured Home shall be adequately
secured at the top and bottom to resist wind pressure of fifteen pounds per square
foot, with metal fasteners made out of galvanized or stainless steel or other
corrosion-resistant material.
2) Skirting shall be provided with removable or hinged access panels sufficient to
provide easy access to all utility connection points of the HUD-Code
Page 2 of 3
Manufactured Home and its subsequent connection to the utility risers if they are
located within the skirted area.
3) The skirted area shall be ventilated by no less than two openings in the skirting,
each providing a minimum ventilating area of not less than fifty square inches,
installed so as to provide adequate cross-ventilation. Such openings shall be
covered with corrosion-resistant wire mesh not less than one fourth inch or more
than one-half inch in any dimension or a corrosion-resistant louver.
4) The skirting must be uniform in color and appearance to the HUD-Code
Manufactured Home and made of materials suitable for ground contact.
(Per Planning and Zoning by a vote of 6-0, language by SN)
17. Revise Section 22-50 Refuse and Garbage to remove the last paragraph that references
requiring a refuse pickup easement. The City only collects residential waste froin
individual houses. (SN)
18. Revise Section 22-52 Conform to Codes to add Manufactured Housing Rules
(Administrative Rules of the Texas Department of Housing and Community Affairs 10
Texas Administrative Code, Chapter 80). (SN)
cc: Kevin Carruth, City Manager
Page 3 of 3
~O
DRAFT #6
02-ZZ-l0
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING THE TITLE OF CHAPTER 22 OF THE CITY CODE OF
ORDINANCES TO "HUD-CODE MANUFACTURED HOMES/PARKS AND
SPECIAL VEHICLES;" REPEALIIVG A1VD REPLACING ARTICLES I AND III OF
CHAPTER 22 OF THE CODE OF ORDINANCES; AMENDING DEFINITIONS
AND ADDING NEW REGULATIOIVS REQUIRING PERMITS FOR
CONSTRUCTING, TRAIVSPORTING OR IIVSTALLING HUD-CODE
MANUFACTURED HOMES AND REQUIRING SITE PLAN APPROVAL AND A
LICENSE FROM THE BUILDING OFFICIAL TO DEVELOP A HUD-CODE
MANUFACTURED HOME PARK IN THE CITY OF PARIS, TEXAS;
RECOGNIZING NON-CONFORMING USE STATUS OF EXISTING MOBILE
HOME PARKS IN THE CITY OF PARIS; AMENDING SECTION 8 OF ZOIVING
ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS PREVIOUSLY
AMENDED, TO CHANGE THE TERMS MOBILE HOME AND MOBILE HOME
PARK TO HUD-CODE MANUFACTURED HOME AND HUD-CODE
MANUFACTURED HOME PARK; AMENDING SECTIOIV 8-101 AND
SECTION 12-100(39) OF THE CITY ZONING ORDINANCE TO ALLOW A
HUD-CODE MANUFACTURED HOME IN ONE-FAMILY DWELLING
DISTRICT N0. 3(SF-3) BY SPECIFIC USE PERMIT ONLY; MAKING OTHER
FINDIIVGS AND PROVISIOIVS RELATED TO THE SUBJECT; PROVIDIIVG A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PEIVALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in August, 2007, the City Council of the City of Paris created the Code
Enforcement Task Force to review and study proposed ordinances and regulations of the
City of Paris addressing health, safety and beautification issues within the City of Paris; and,
WHEREAS, In December 2007, the City Council requested the City Planning &
Zoning Commission to Review, study and update the City's rules and regulations applicable
to Mobile Homes and Mobile Home Parks as set forth in the City's Zoning Ordinance and in
Chapter 22 of the City Code of Ordinances; and, ^ra;„^^^° ;^^'„d;~rt ~°^"'a*;^^s ^^';^^b'°
te Tho Tasl- L`Vrce haV now~r~l~tr~rl _tc r~F tl~e !`i*c~'c m.til~ile l~ow~o r+~7
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WHEREAS, the Planning & Zoning Commission created a subcommittee to review
the City's current ordinances and zoning requirements applicable to Mobil Homes and
Mobile Home Parks and to propose updated regulations applicable to HUD-Code
Manufactured Homes and HUD-Code Manufactured Home Parks; and,
WHEREAS, the Subcommittee has worked with City Staff to develop new proposed
zoning, licensing and permitting requirements for HUD-Code Manufactured Homes and
Parks which the Planning and Zoning Commission has approved and recommends for City
Council consideration.
Page 1 of 20
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS THAT:
Section 1. The findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. Article I, Sections 22-1 through 22-4 and Article III,
Sections 22-41 through 22-78 of Chapter 22 Mobile Homes and Mobile Home Parks, of the
City of Paris Code of Ordinances is hereby repealed in its entirety.
Section 3. The title for Chapter 22 of the City's Code of Ordinances is hereby
amended to read "HUD-Code Manufactured Homes/Parks and Special Vehicles."
Section 4. A new Article I, In General, of Chapter 22 of the City of Paris' Code of
Ordinances is hereby enacted to read in its entirety as follows:
"ARTICLE I. IN GENERAL
"Sec.22-1. Definitions.
Unless otherwise indicated to the contrary, the following definitions shall
apply to the interpretation of this chapter.
Building official means the designated inspection authority of the City, or its
authorized representative.
Common Access Route/Internal Street means private drive allowing
principal means of access to individual HUD-Code manufactured home lots or
auxiliary buildings.
Drive Way means minor entranceway off the common access route within
the park, into an off-street parking area serving one or more HUD-Code
Manufactured homes.
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 system of the home; and does not include
a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g). *rans^^~ab'°
~ or mor GGCIVlIJ1RZit2't',-I'rrlH'L C!'RTeling"ml~Fnl ic ten bodc> foot arme»+e in
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Page 2 of 20
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License means written license issued by the City Council, permitting a
person to operate and maintain a HUD-Code Manufactured Home Park under the
provisions of this Ordinance.
Mobile Home means a structure that was constructed before June 15, 1976,
transportable in one or more sections, which, in the traveling mode, is at least
eight (8) ten body feet or- faer-e in width or at least forth (40) 98 body feet ef
mor-e in length, or, when erected on site, is at least 320 [nn square feet,
and which is built on a permanent chassis 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
homes shall not be allowed in a HUD-Code Manufactured Home Park.
Modular home means a structure or building module that is manufactured at a
location other than the location where it is installed and used as a residence by a
consumer, transportable in one (1) or more sections on a temporary chassis or other
conveyance device, and is designed to be used as a permanent dwelling when installed
and placed upon a permanent foundation system. The term includes the plumbing,
heating, air conditioning, and electrical systems contained in the structure. The term
does not include a mobile home as defined herein, nor does it include building
modules incorporating concrete or masonry as the primary structural component. For
purposes in these regulations, the term includes only those structures manufactured
after May 1, 1980, and bearing a modulaz decal of the Manufactured Housing
Division, Texas Department of Labor and Standards.
HUD-Code Manufactured Home Park & ^a"ea "''^W° H^'"e °^"L;
means a parcel of land under single entity ownership, which has been placed and
improved for the placement of HUD-Code Manufactured Homes, accessory uses,
and service facilities, meeting all requirements of this Ordinance and any
applicable deed restrictions and state laws.
Parking Street, Off-Street means a minimum of two spaces nine feet (9') in
width by 20 feet in length, located within the boundary of a HUD-Code
Manufactured Home space, or in common parking and storage area having
unobstructed access to an internal street.
Permit means written permit/certification issued by the City of Paris
Building Official permitting the construction, alteration, or extension of a HUD-
Code Manufactured Home Park, under the provisions of this Ordinance and
regulations issued hereunder.
Person means any natural person indMdual, firm, trust, partnership,
association or corporation or other legal entity.
Page 3 of 20
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Site PlanfRl" means graphic presentation, 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.
Sewer Connection means a connection consisting of pipes, fittings, and
appurtenances from the drain outlet of a HUD-Code manufactured home to the
inlet of the corresponding sewer service riser pipe of the sewage system serving
the HUD-Code Manufactured Home Park.
Sewer Service Riser Pipe means that portion of sewer service, which extends
vertically to the ground elevation and terminates at a HUD-Code Manufactured
Home space.
Space means plot of ground within a HUD-Code Manufactured Home Park
designated for accommodation of one HUD-Code Manufactured Home, together
with such open space as required by this Ordinance. Term includes "lot" and
"site".
Sec. 22-2. Parking HUD-Code Manufactured Homes outside HUD-
Code Manufactured Home Parks.
It shall be unlawful for any person to park any HUD-Code Manufactured
Home on any street, alley, highway, sidewalk or other public place in the city for
a longer period than three (3) hours.
No HUD-Code Manufactured Home shall be parked, used, or occupied on
any tract of ground within the city limits of Paris, except in a duly licensed HUD-
Code Manufactured Home Park or One-Family Dwelling District No. 3(SF-3)
with a specific use permit (39); provided, however that:
(a) Any occupied HUD-Code Manufactured Home now parked upon a tract
of ground outside of a duly licensed HUD-Code Manufactured Home Park or One-
Family Dwelling District No. 3(SF-3) with a specific use permit (39) may be
continued to be used and occupied from such tract of ground as a nonconforming
use; provided, however e;zen though su^" u°° ^ ^eneen€er-ming use~if-the
occupancy and use of said nonconforming should cease or discontinue any such
„^r^^^f^rm;^rt „se ^f la„a ^e^°°a for any reason for a period of more than thirty
(30) days then use must be brought into compliance with this Chapter. confor-m
*h; s or-dinance.
(b) The City Building Official may permit the parking, use, and occupancy
of a HUD-Code Manufactured Home outside of a duly licensed HUD-Code
Manufactured Home Park or One-Family Dwelling District No. 3(SF-3) with a
specific use permit (39) for a period of time not exceeding ten (10) days, when
such home is occupied by persons employed in the operation of a temporary
recreational, amusement, or civic activity. Such temporary parking, use and
Page 4 of 20
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occupancy of a manufactured home shall be permitted only when the home is
parked on the same premises on which the activiry is located and only when
adequate sanitary facilities are available upon the premises for the use of the
occupants of the manufactured home.
Sec.22-3. Permits.
(a) Permit Required - It shall be unlawful for any person to do any of the
following unless they hold a valid permit issued by the Building Official in the
name of such person for the specific transportation, installation, construction,
alteration or extension proposed:
1. transport or install a HUD-Code Manufactured Home;
2. construct a HUD-Code Manufactured Home Park;
3. alter, expand or enlarge a HUD-Code Manufactured Home RaA;
4. alter, enlarge or extend ar- expand any HUD-Code Manufactured
Home Park within the city limits of the City of Paris, Texas;
5. remove or cause to be removed a mobile home (pre-1976 dated
mobile home) or a HUD-Code Manufactured Home from any piece of
property or HUD-Code Manufactured Home Park within the City of
Paris.
(b) Annlication Requirements - All applications for permits shall be
made upon standard forms provided by the Building Official and shall contain
the following:
1. Name and address of the applicant.
2. Location and legal description of the HUD-Code Manufactured Home
Park
3. To this application shall be attached three (3) copies of a site plan, at a
minimum scale of 1" = 100' for sites of 30 acres or more, and at a
minimum scale of 1" - 20' for sites under 30 acres. The site plan shall
include all data required under Section 22-41.
Page 5 of 20
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ManufaGCCI3'C'tl' Home. opeAy Q%TICr- GCTTI'iiQl, m.~G'GCiCCRor
identified, the--C"-C9uri••,crsl,•,ini--i ave th@--9pti9n +c^v--'.'.'-c^aive ^thsx+c-^vr"ic
speEif ed pieee-ef-pr-eper-ty. SQeh~:'r-en--pe.s~n^'e
pr-es ented--at t#e tifne the -F;* c-atien--is ~-~ented-fe.r-
,.,,ns;a,,,..,,-;,,,, t,., *t,o r;+.,
(c) Permit Fee - All applications to the Building Official shall be
accompanied by a fee of one five hundred dollars ($100.00 $500.09) for less
than thirty acres and five hundred ^ne-*h^u°a^a dollars ($500.00 $1;090:99)
for more than thirty acres.
(d) Issuance of Permit - When upon review of the application, the
Building Official is satisfied that the proposed plan meets the requirements of
law this Chapter, the City Zoning Ordinance and other applicable City, State
and Federal regulations, a permit, shall be issued.
(e) Denial of Permit/Hearing - Any person whose application for a permit
under the Ordinance has been denied may request in writing a rehearing
before on the matter and offer additional evidence if desired.
Sec.22-4. Licenses.
(a) License Required - It shall be unlawful for any person to establish,
operate, or maintain or permit to be established, operated or maintained upon
any property owned or controlled them any HUD-Code Manufactured Home
Park within the limits of the City of Paris unless they hold a valid license issued
annually by the Building Official. All applications for licenses shall be made in
writing on forms furnished to them by the Building Official, who shall issue a
license upon compliance by the applicant with provisions of this Ordinance.
Building Official shall not issue a license unless the applicant is in compliance
with all applicable ordinances and laws. Said license shall expire on the 31St
day of December each year.
(b) Annlication for Original License - Application for original license
shall be in writing signed by the applicant, accompanied by an affidavit of the
applicant as to the truth of the application and by the deposit of the license fee
hereinafter provided, and shall contain:
1. The name and address of the applicant.
2. The location and legal description of the park.
3. A site plan of the park prepared in accordance with Section 9 22-41
of this Chapter heree€.
Page 6 of 20
~~~~p P~ 5
(c) Hearing Granted Applicants - Any person whose application for a
license under this Ordinance has been denied may request in writing and
within ten (10) days a rehearing, which shall be granted by the Building
Official.
(d) Application for License Renewal - Application for renewal of a license
shall be made in writing by the licensee on forms furnished by the Building
Official on or before December 1 of each year. Such application shall contain
any change in the information occurring after the original license was issued or
the latest renewal granted and be accompanied by the HUD-Code
Manufactured Home Park register as hereafter provided.
(e) License Fee - All original license applications or renewals hereof
shall be accompanied by a fee of One Hundred Dollars ($100.00). All renewal
fees shall be due on the issuance of the license.
(o Transfer of License - Every person holding a license shall give notice
in writing to the Building Official within fifteen (15) days after having sold,
transferred, given away, or otherwise disposed of interest in or control of any
HUD-Code Manufactured Home Park. Application for transfer of license shall
be made not later than fifteen (15) days after the date of the sale, transfer, or
gift, or other disposition of interest in or control of HUD-Code Manufactured
Home Park.
(g) Transfer of License Fee - All application for license transfer shall be
accompanied by a fee of One Hundred Dollars ($100.00).
(h) Violations. Notice. Suspension of License - Whenever, the Building
Official finds that conditions or practices exist which are in violation of any
provisions of this Ordinance it shall give notice in writing in accordance with
Section 6A-22-6 of this Ordinance, to the Permittee or licensee or their agent
that unless such conditions or practices are corrected within a reasonable
period of time of not less than thirty (30) days ^^r m^r° *h^^ r" y°^r as
specified in such notice, the license or permit shall be suspended. At the end of
said period of time and if such conditions or practices have not been corrected,
the Building Official may suspend the license and give notice in writing of such
suspension to the licensee or their agent at the address provided in the
application. Upon receipt of notice of suspension, licensee shall cease
operation of such park within ten (10) days after the notice is issued.
Page 7 of 20
a, 000"l /
Sec. 22-5. Inspection.
Any duly authorized inspector of the City shall be permitted to make
reasonable inspections of any HUD-Code Manufactured Home Park to determine
compliance with this Ordinance.
Sec. 22-6. Notices, hearings, and orders.
Notice of Violations: Requirements of IVotice - Whenever it is brought to the
attention of the Building Official that there has been a violation of any provisions
of this Ordinance, the Building Official shall give notice of such alleged violation
to the Permittee or Licensee or their agent, as hereinafter provided. Such notice
shall
(a) be in writing;
(b) shall include a statement of the reasons for its issuance;
(c) allow a reasonable time of not less than thirty (30) days ner- r-e
, based upon the nature and severity of the violation and having
due regard for the safety and protection of the community, for the performance
of the act it requires;
(d) be served upon the Permittee, Licensee or their agent; provided that
such notice or order shall be deemed to have been properly served upon such
licensee or agent; p,.^.,:a„a ,-h.,* s,,,h ,,,,+;,,o ,,,.a,,,, ,;h.,n bo aoow,oa *A
when a copy thereof has been
sent by mail to the last known address provided by Permittee or Licensee or to
the main office at the Manufactured Home Park; and ^r- wh^ii *h°•, "^•,^b°
,
(e) Contain an outline of remedial action when if taken, will effect
compliance with the provisions of this Ordinance. If the violation is not remedied
in accordance with the Notice, and a breach of the ordinance continues, then the
Building Official6eunc-ii may revoke any permits or licenses issued in addition to
any punishment fines or criminal penalties that may be assessed pursuant to
Section 1-6 of the City Code of Ordinances. ^rded in SeEtion " °h°r°^f
Sec. 22-7. Mobile homes and HUD code manufactured home prohibited
outside designated areas.' .
The installation or location of mobile homes or HUD Code manufactured
homes for use or occupancy as a residential dwelling in the City of Paris, Texas }s
Page 8 of 20
~
are prohibited in areas outside of a licensed exter-ior- to HUD-Code Manufactured
Home Park or One-Family Dwelling District IVo. 3(SF-3) with a specific use
permit (39) issued under Sec. 12-100 of the City Zoning Ordinance. HUD-Code
Manufactured Homes are permitted only within HUD-Code Manufactured Home
Parks and One-Family Dwelling No. 3 districts with a specific use permit. This
provision is prospective and shall not apply to any mobile homes or HUD-Code
Manufactured Homes in use and occupied as residential dwellings in the City on
the effective date of this ordinance."
* * * *
Section S. A new Article III entitled, HUD-Code Manufactured Home Parks, of
Chapter 22 of the City Code of Ordinances is hereby established to read in its entirety as
follows:
"ARTICLE III. HUD-CODE MANUFACTURED HOME PARKS.
Sec. 22-41. Site Plan.
AT#e site plan for each new HUD-Coded Manufactured Home Park and for
each expansion or addition to an existing Manufactured Home Park shall be filed
as required by Section 22-3(b) 3{9-} of this Chapter Orce and shall show the
following:
1. The name, address, fee owner and record owner of the proposed or
existing HUD-Code Manufactured Home Park
2. IVame of subdivision where the park is located.
3. Names of adjacent public streets and roads.
4. Contour lines at two foot (2') intervals.
5. Locations and dimensions of all HUD-Code manufactured home
spaces, utility easements, drives, recreation areas, streets and
sidewalks. Each HUD-Code manufactured home space shall be
numbered.
6. Scale of plan (no smaller than 1" = 20') and complete dimensions.
7. Density in units per gross acre.
8. Area and dimensions of site.
Page 9 of 20
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9. Areas defined for waste containers and method of disposal of garbage
and refuse.
10. Water and Sewer Plans: Water and sewer plans must be submitted
showing the following:
A. Sewer line locations, grades and sizes.
B. Water line locations and sizes and source of water supply.
11. Paving and Drainage Plans: Paving and drainage plans must show the
directions and calculated quantities of runoff and the proposed
specifications for streets. The responsible city employee shall notify
the applicant in writing as to whether the plan was approved or
disapproved, stating the reasons for disapproval and the
modifications or conditions that must be made or met before approval
can be obtained upon subsequent submission.
Sec. 22-42. HUD-Code Manufactured Home Park Standards.
Any HUD-Code Manufactured Home Park constructed after the effective date
adeptie~ of this ordinance, and any extension expansion or addition to an existing
HUD-Code Manufactured Home Park in the City shall be done in compliance with
the following site requirements:
1. Density - A HUD-Code Manufactured Home Park shall have no more
than 10 8 spaces per acre.
Park Area. Each HUD-Code Manufactured Home Park shall be planned
for and shall provide a minimum of five (5) acres in ar-ea of open space
or recreation area.
2. Basic HUD-Code manufactured home Minimum Site Requirements:
A. Height Regulations:
1) The maximum height limit for any HUD-Code Manufactured
Home to be located in a HUD-Code Manufactured Home Park
or in an SF-3 zoning district °*FU^*••r° i~*^~a°a f^~ ^
*h,, urrD r,,,ae M..,,,,F.,,.+,,,.oa u,,...,,, n.,,.v shall be 20 feet.
2) The average height of the HUD-Code manufactured home
frame above ground elevation, measured at 90 degrees to the
frame, shall not exceed four feet from the top of the pad.
Page 10 of 20
B. Spacing Regulations - HUD-Code Manufactured Homes shall be
located no closer than twenty feet (20') from any exterior wall to the
closest exterior wall of the nearest HUD-Code Manufactured Home.
Sec. 22-43. HUD-Code Manufactured Home Space.
Each and every HUD-Code Manufactured Home shall be located on a
separate space or lot which shall conform to the following standards:
1. Be served with sanitary sewer, water, electrical power, telephone
service, and/or natural gas.
2. Provide a minimum lot width of forty feet (40') and a minimum lot
depth of eighty feet (80') and a minimum total lot area of 3,200 square
feet.
3. Abut and/or have access to a private street for a minimum distance of
twelve (12) feet.
4. Provide a HUD-Code Manufactured Home pad that shall provide an
adequate foundation for the placement and tie-down of one single-
family HUD-Code Manufactured Home thereby securing the
superstructure against uplift, sliding rotation, and overturning. Said
pad shall:
A. Be constructed of concrete that shall adequately support the
weight of the HUD-Code Manufactured Home placed thereon and
be durable and well drained under normal use and weather
conditions.
B. Provide anchors and tie-downs such as cast-in-place concrete
with dead men eyelets embedded in concrete foundations or
runway screw augers, arrowhead anchors, or other devices,
which secure the stability of the HUD-Code Manufactured Home,
and shall be placed at least at each corner of the HUD-Code
Manufactured Home.
C. Cover an area of at least two hundred forty (240) square feet or
at least one-third the area of the largest HUD-Code manufactured
home that is to be placed on the HUD-Code Manufactured home
space, whichever is greater. No surface provided for a purpose
other than the foundation of HUD-Code Manufactured Home
shall be considered a part of such HUD-Code Manufactured
Page 11 of 20
Home pad.
5. Provide a minimum of two (2) off-street parking spaces that shall be
constructed of concrete of sufficient thickness and strength to bear
the weight of the motor vehicles being parked there.
6. n,,,,~~~eet f0entage „f urrn_r„ao nanHfaeWr-ed Home spaeeS
sh.,n He ,.;aoa
7. No vehicular access to a HUD-Code Manufactured Home space is
permitted from a public dedicated street.
8. Drainage. The ground surface in all parts of every HUD -Code
Manufactured Home Park and especially beneath HUD-Code
Manufactured Homes and other structures 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.
Sec. 22-44. Setbacks, Skirting and Screening.
(a) No part of HUD-Code Manufactured Home or structure in a HUD-Code
Manufactured Home Park or in a One-Family Dwelling District No. 3(SF-3) zoning
district shall be located within the front, side or rear yard setback area. The
minimum setback area for each space is:
1. No part of the front of manufactured homes shall be closer than
twenty-five feet (25') to the paved surface of the private street.
2. IVo part of any manufactured home shall be located less than
twenty-five feet (25') from any dedicated public street or right-of
way.
3. No part of any manufactured home shall be located less than ten feet
(10') from manufactured home park perimeter property line.
(b) The following screening requirements shall be applicable:
1. A landscaped strip, not less than ten (10) feet in width or a
screening device as defined herein shall be located along all HUD-
Code Manufactured Home Park boundary lines abutting upon a
public dedicated street or abutting residential property.
2. Such landscaped strip shall be continuously maintained and shall be
Page 12 of 20
t ~
devoted exclusively to the planting, cultivation, growing, and
maintenance of site obscuring trees, shrubs, plant life, as described
below. Trees, shrubs, cane, and/or other vegetation shall be
planted, cultivated, and maintained as a sight and noise obscuring
buffer that will effectively achieve sight and noise obstruction within
approximately five (5) years.
3. At least one row of trees with a minimum initial trunk diameter of
one inch and minimum initial height of five (5) feet shall be planted
on twenty-five foot centers. Also, two (2) rows of cane, non-
deciduous shrubs and/or other suitable screening plants shall be
planted on ten-foot centers.
4. The buffer strips are intended to provide a seventy-five (75) percent
or more opaque screen when viewed horizontally between (2) and
ten (10) feet above the natural ground at the end of the growing
period of five (5) years from the date of planting. Additional
planting, cultivation, and maintenance may be required by the City
officials during the use period of the buffer strip to achieve and
maintain this effect.
(c) Skirting is required for all HUD-Code Manufactured Homes within Sixty
(60) days of the date of placement of a HUD-Code Manufactured Home; the
skirting must extend around the entire perimeter. It must be installed per the
manufacturer's installation instructions or if the manufacturer is not specific, to
the standards in this section.
1. Skirting installed on a HUD-Code Manufactured Home shall be
adequately secured at the top and bottom to resist wind pressure of
fifteen pounds per square foot, with metal fasteners made out of
galvanized or stainless steel or other corrosion-resistant material.
2. Skirting shall be provided with removable or hinged access panels
sufficient to provide easy access to all utility connection points of
the HUD-Code Manufactured Home and its subsequent connection
to the utility risers if they are located within the skirted area.
3. The skirted area shall be ventilated by no less than two openings in
the skirting, each providing a minimum ventilating area of not less
than fifty square inches, installed so as to provide adequate cross-
ventilation. Such openings shall be covered with corrosion-resistant
wire mesh not less than one fourth inch or more than one-half inch
in any dimension or a corrosion-resistant louver.
Page 13 of 20
,
, .
4. The skirting must be uniform in color and appearance to the HUD-
Code Manufactured Home and made of materials suitable for ground
contact.
Sec. 22-45. Access; Traffic Circulation; Parking.
1. Internal streets shall be privately owned, built, and maintained.
Streets shall be designed for safe and convenient access to all spaces
and facilities for common use of the HUD-Code Manufactured Park
residents.
2. All internal streets shall be constructed to specifications set by the
City Engineer and shall be maintained by the owner.
3. All private streets shall be constructed with asphalt or concrete and
shall be durable and well drained under normal use and weather
conditions.
4. Internal Street Dimensions; Parking:
A. Internal streets shall be minimum pavement width of 20 feet.
Parking shall not be allowed on the minimum street width. An
additional lane of nine (9) feet minimum width may be added to
one or both sides for off street parking.
B. Internal streets shall permit unobstructed access to within at
least 200 feet of any portion of each HUD-Code Manufactured
Home.
C. Within each HUD-Code Manufactured Home Park, streets shall
be named, and HUD-Code Manufactured Homes numbered. Park
signs and numbers shall be of standard size and placement to
facilitate location by emergency vehicles.
D. Private streets which may connect two (2) public street right-of-
way(s) shall, by the use of curves, off-sets, location, and/or the
use of two (2) or more streets be located so as to discourage
through traffic.
E. Private street intersections shall generally be at right angle,
offsets at intersections of less than 125 feet (centerline to
centerline) shall be avoided; intersection of more than two
streets at one point shall be avoided.
Page 14 of 20
„ 000"4
F. Dead-end private streets shall be limited to a maximum length of
one thousand (1,000) feet and shall be provided with a vehicular
turning space, with a turning circle of eighty (80) feet in
diameter.
G. Layout streets and Blocks. Streets shall be laid out to provide a
minimum distance of two hundred and forty (240) feet, center to
center of parallel streets, between intersections.
H. Lighting. The private streets, parking lots, walks, and service
areas shall be lighted at all times so the HUD -Code
Manufactured Home Park shall be safe for occupants and
visitors, provided further all entrances and exits shall be lighted.
Sec. 22-46. Fire Safety Standards.
1. The storage, handling, and use of liquefied petroleum gases and
flammable liquids shall be done in compliance with applicable city
ordinances and state statutes.
2. Access to HUD-Code Manufactured Home for Fire Fighting - Approaches
to all HUD-Code Manufactured Homes shall be kept clear for emergency
vehicles.
3. Fire Protection. Water lines and fire hydrants shall be provided and
suitably located for adequate fire protection as determined by the Fire
Marshal but in no case shall the park provide less than a system of
standard hydrants located not more than five hundred (500) feet from
each HUD-Code Manufactured Home space and served by water lines not
less than six (6) inches in diameter installed in a looped system.
4. The HUD-Code Manufactured Home Park licensee or agent shall provide
an adequate system of collection and safe disposal of rubbish.
Sec. 22-47. Water Supply.
1. All approved water supply for domestic use and fire protection purposes
shall be supplied to meet the requirements of the HUD-Code
Manufactured Home Park
2. All plumbing shall be in accordance with applicable state statutes and the
ordinances of the City of Paris.
Page 15 of 20
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r;
Sec. 22-48. Sewage Disposal.
From and after the effective date of this Ordinance, the following shall apply:
1. Waste from all toilets, lavatories, sinks and showers in HUD-Code
Manufactured Home Park shall be discharged into a public sewer or a
private disposal system approved by the City of Paris.
2. All plumbing shall comply with applicable plumbing codes.
3. Each HUD-Code Manufactured Home pad shall have a sewer riser pipe of
at least four inches (4") which shall be capped when not in use.
Sec. 22-49. Electrical and Telephone Distribution Systems.
From and after the effective date of this Ordinance, the electrical distribution
system shall comply with applicable electrical codes and other applicable laws of
the State.
Sec. 22-50. Refuse and Garbage.
Enrollment in a valid garbage collection service for a HUD-Code
Manufactured Home Park and its residents shall be the exclusive and sole
responsibility of the HUD-Manufactured Home Park owner. Solid waste shall be
stored in fly proof, water proof containers, which shall be emptied regularly and
maintained in a usable, sanitary condition and the collection and disposal of said
refuse and garbage shall be so conducted as to create no health hazard. A r-e€use
1 er~t a-------- --F l~ 11 l~o rr-.+++tea 1~~~ tl~~ ~~~mor~ ~ tl~n ~iTTll !'~ao 11d.~h~~F..~.t~...er1
..,,.1.,
Llomo DnrIt~ the r'+< D inif tti+one~ ~nni~~tinn nro ~~nntera cn ~r t~ reni~ir~n t~e
~ ~J _ " - - - - -^a--- -
Sec. 22-51. Maintenance of Park.
The owner of the park shall be responsible to insure that it is maintained in a
manner that will not attract or aid the propagation of insects or rodents or create a
hazard. Growth of plant materials such as weeds and grass, especially beneath
HUD-Code Manufactured Homes and other structures shall be continuously
controlled. All streets, parking and storage areas shall be maintained to provide a
fully paved surface.
Sec. 22-52. Conform to Codes.
All HUD-Code Manufactured Home Park facilities and HUD-Code
Manufactured Homes contained therein shall conform without limitation to the
Page 16 of 20
~ ~
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codes and ordinances of the City of Paris, including the Building, Plumbing,
Electrical, a*d Fire Codes, Manufactured Housing Rules (Administrative Rules of
the Texas Department of Housing and Community Affairs 10 Texas Administrative
Code, Chapter 80) and all applicable laws of the State of Texas.
Sec. 22-53. Office.
Every HUD-Code Manufactured Home Park shall have an office in which a
copy of the park permit or license shall be posted and the park register shall be in
such office. It shall be the duty of the licensee to keep a register of park occupancy
which shall contain the following information:
1. Name, address and telephone number of every owner and occupant.
2. The make, model, serial number, year, and dimensions of all HUD-Code
Manufactured Homes.
3. The date of arrival and departure of each HUD-Code Manufactured
Home.
4. The park operator shall submit the park register to the Building Official
each year upon requesting license renewal and shall make said register
available to any authorized city official upon reasonable request. Upon
gaining knowledge of a departure of any HUD-Code Manufactured
Home, the park operator shall notify the city tax assessor. Failure to do
so shall place the operator in violation of this ordinance.
Sec. 22-54. Ordinance Compliance.
It shall be the responsibility of the licensee to insure that all requirements of
this ordinance are met and maintained. Any HUD-Code Manufactured Home Park
issued an initial license after adoption of this ordinance that is found to be in
violation of any provisions of this ordinance shall be notified in writing by the
Building Official in accordance with Section 6-22-6 of this Chapter and upon failure
to eemply cure said violations will face license revocation and or criminal citation
and find. s.,;a l;,.e„s„ sh.,n be ,.o.,,,>>ea.
Sec. 22-55. Nonconforming HUD-Code Manufactured Home Park.
Any HUD-Code manufactured home park occupied and er--spaee in use
^„a /^r ex;s+e^^° on the effective date of this Ordinance, and not
complying with all applicable provisions of this Article shall be
considered a "non-conforming" park.
Page 17 of 20
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2. Any land area added to a nonconforming HUD-Code Manufactured
Home Park shall conform to all requirements of this ordinance.
Sec. 22-56. Miscellaneous Requirements.
1. Responsibilities of the Park Management:
A. All responsibilities set out elsewhere in this Ordinance shall apply.
B. The licensee or agent shall operate the park in compliance with this
and other applicable ordinances and shall provide adequate
supervision to maintain the park and all facilities in good repair,
and in clean and sanitary condition.
C. The licensee or agent shall notify park occupants of all applicable
provisions of this ordinance and inform them of their duties and
responsibilities under this Ordinance.
D. Responsibilities of Park Occupants:
(a) All responsibilities of occupants set out elsewhere in this
Ordinance shall apply.
(b) The park occupant shall comply with all requirements of this
Ordinance.
(c) The park occupant shall be responsible for proper placement
of the HUD-Code Manufactured Home in its HUD-Code
Manufactured Home pad and proper installation of all utility
connections in accordance with the instructions of the park
management.
(d) The use of space immediately beneath a HUD-Code
Manufactured Home for storage shall not be permitted.
(e) Mobile Homes are s#a not be permitted in a HUD-Code
Manufactured Home Park.
Only HUD-Code Manufactured Homes shall be permitted in a
HUD-Code Manufactured Home Park."
Section 6. That Section 8, Use of Land and Buildings of Zoning Ordinance No. 1710
of the City of Paris, Texas, be, and the same is hereby, amended as follows:
Page 18 of 20
"Sec. 8-101. Primary Residential Uses.
Amend the Zoning Use Chart by replacing the term "Mobile Home" with
"HUD-Code Manufactured Home"; replacing the term "Mobile Home Park"
use with "HUD-Code Manufactured Home Park"; deleting the term "Mobile
Home Subdivision;" to allow a HUD-Code Manufactured Home Park in Light
Industrial (LI) Zoning and t-e allowing a HUD-Code Manufactured Home in
SF-3 Zoning by Specific Use Permit."
Section 7. That Section 12-100(39) of Zoning Ordinance No. 1710 of the City of
Paris, Texas, be, and the same is hereby, amended to read as follows:
"Sec.12-100 Specific Use Permits
(39) HUD-Code Manufactured Home in the SF-3 district with the further
restriction that HUD-Code Manufactured Homes may only receive a specific
use permit for a period not to exceed five (5) years with the option for
renewals of the Specific Use Permit upon City Council approval."
Section 8. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain
in full force and effect.
Section 9. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending under
or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty
accruing or to accrue, or as affecting any rights of the municipality under any section or
provisions of any ordinance at the time of passage of this ordinance.
Section 10. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial
invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any
other portion of this ordinance.
Section 11. That any person violating any provision of this ordinance shall be guilty of a
Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of
Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above-enumerated sections shall constitute and be deemed a
separate offense.
Section 12. Introduced and read on first reading on . 2010, at a regular
Page 19 of 20
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meeting of the City Council of the City of Paris and read and passed on second reading on
. 2010, at a regular meeting of the City Council of the City of Paris; the same
being two (2) separate regular meetings of the City Council of the City of Paris.
Section 13. That this ordinance shall become effective from and after its passage of
the second reading and publication as required by law.
2010.
PASSED AND ADOPTED on second and final reading this day of
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
Page 20 of 20
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