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12-Deliberate and possibly act on an Ordinance amending Chapter 22 Mobile Homes and Mobile Home ParksCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 03/05/10 Engineering, Planning & Shawn Napier, P.E. Council Date: Development Director of Engineering, Planning 12. 03/08/10 & Development RECOMMENDED MOTION: Second reading, deliberate, and possibly act on 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 Oxdinances; amending Section 8-101, Primary Residenrial 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): HUD-Code Manufactured Housing BACKGROUND: Following the February 22, 2010 public hearing and discussion of the proposed HUD-Code Manufactured Housing ordinance, staff has incorporated the following additional changes requested by City Council. A markup version of the ordinance is attached with the first-round changes hi-lighted in gray and the second round changes hi-lighted in yellow. A summary of the substantive changes requested at the last meeting are set out below: • Permit Fee for single-space manufactured homes on SF-3 residential lot with specific use permit will be $100 (Sec. 22-3(c)). • Any person who is denied a permit to install a HUD-Code Manufactured Home or a License for a HUD-Code Manufactured Home Park may appeal this decision to the City Manager within ten (10) days of the Building Official's decision (Sec. 22-3(e) and 22-4(c)). [CONTINUED] 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 y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: E Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris 0 O n 1~~ - Revised 2/04/08 U ~ ~ [BACKGROUND CONTINUED] • Skirting around existing mobile homes and manufactured homes must be maintained in compliance with minimum standards (Sec. 22-44(c)(5)). • All internal private streets of a mobile home or manufactured home park shall be constructed of asphalt or concrete and shall be durable and well drained under normal use and weather conditions. (Sec. 22-45(3)). • Lighting - private streets, entrances and exits and parking areas shall be lighted at night for the safety of residents and visitors. (Sec. 22-45(4)(H)). • Water Supply - the Manufactured Home Park shall establish one meter for the Park to be connected to the City's treated water supply (Sec. 22-47(2)). • Sanitation - The owner/operator of the Manufactured Home Park shall contract with a licensed and approved solid waste collection service to collect and dispose of all trash from the Park (Sec. 22-50). • Maintenance & Upkeep - The owner/operator of the Manufactured Home Park shall ensure that the Park is maintained and kept up in compliance with all public health, safety and welfare standards set out in the City's Code of Ordinances including keeping the buildings and structures in the Park repaired and painted, mowing of all grass and weeds and the maintenance of the internal streets, driveways and parking areas (Sec. 22-51). • Registration - All Mobile Home Park and Manufactured Home Park Owner/Operators in the City of Paris shall provide a register to the City Building Official containing names and addresses for all Park Residents and the make, model, year and number of all mobile homes or manufactured homes residing in the Park. The Register shall be filed with the Building Official no later than July 1, 2010 (Sec. 22-55(2)). • Annual update of Park Register - The owner/operators of the mobile home and manufactured home parks located in the City of Paris shall file an updated register with the City Building Official no later than December 15t" of each year. The owner/operator of the Park shall also notify the Building Official and the Lamar County Appraisal District within 30 days following the arrival or departure of a manufactured home in the Park (Sec. 22-53(4)). City of Paris Revised 2/04/08 w uO()lqj [LATEST CHANGES] ORDIIVANCE NO. DRAFT03-0$-10 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;" REPEALING AND REPLACING ARTICLES I AND III OF CHAPTER 22 OF THE CODE OF ORDIIVAIVCES; AMENDING DEFIIVITIONS A1VD ADDING NEW REGULATIOIVS REQUIRIIVG PERMITS FOR CONSTRUCTING, TRANSPORTING OR INSTALLING HUD-CODE MANUFACTURED HOMES AND REQUIRING SITE PLAN APPROVAL AND A LICEIVSE 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 N0. 1710 OF THE CITY OF PARIS, TEXAS, AS PREVIOUSLY AMENDED, TO CHANGE THE TERMS MOBILE HOME A1VD MOBILE HOME PARK TO HUD-CODE MANUFACTURED HOME AND HUD-CODE MAIVUFACTURED HOME PARK; AMENDING SECTIOIV 8-101 AND SECTIOIV 12-100(39) OF THE CITY ZONIIVG ORDINANCE TO ALLOW A HUD-CODE MANUFACTURED HOME IN ONE-FAMILY DWELLING DISTRICT NO. 3(SF-3) BY SPECIFIC USE PERMIT ONLY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY 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 Ci#y Council requested the City Planning & Zoning Cammission to Review, stucly and update the Cirtys xules and regulations applicable to Mobile Homes and Mobile Home Parks as set forth in the City's Zoning Ordinance and in ~M[4)i1 11AA lr Iff~1HR ARfI IAM C~f11HitA ~1~IA Chapter 22of the City Code of (~rdina~ces, and, o=,~a~~~~ ~~a~===~s~'~=o YY WH:EREAS, thePlanning & Zgning Commission created a subcommittee to review the City's current ordinances and: zonitzg requirements applicable to Mobil Homes and Mobile Home Parks ;and to propose updated regulations applicable to HUD-Code Manufactured Homes and HUD-Code Manufaetured Hvrne Parks; and, WHEREAS, the Subcommittee has warked wifih City Staff to develop new proposed zoning, licensing and germitting requirernents far HUL?-£ade Manufactured Homes and Parks which the Planning and Zoning Cammission has approved and recommends for City Council consideration. Page 1 of 21 6~P, I q ! 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. D°r.«' ef *h- _*i_±==..gArt~cle I, SectiQns 22-1 through 22-4 and Article III, Sections 22-41 through 22-78 of Chapter 22 Mnhile Hrrrnes and Mobile Home Parks, of the City of Paris Code o€ 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 HamesjParks and Special Vehicles." Section 4. A new Article I, In Gertera1, of Chapter 22 of the City of Paris' Code of Ordinances is hereby enaeted to read in its enfiirety as faliows: "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 permanent chassis; designed for use as a dwelling with ar vrrithout a permanent founIatipn when the structure is connected to the required utilities, transportab~e In Qne or mnre sections; and in the traveling made, at least eight bvdy feet in vvidth or at least 40 body feet in length or, when ereeted on site, atteast 320 square feet; includes the plumbing, heating, air conditioning, and eleetrical systern of the hame; and does not include a recreational vehicle as defined by 24 C.F.R. Section 3282,8(g)• tmiispeftable-kn . . • . . . ...Y. 1 + 7__-.]__..L`__ • n t~ 0 i 1_ F IS License means written license issued by the Building Official, 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 -e in width or at least forth (40) 58 body feet ef mor-e in length, or, when erected on site, is at least 320 [^a^r m^r° 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. Modulan come means astructure or building module that; is manufactured at a location other than the tocation where it is insWle.d and uused as a residence by a consumer, transpartable in one (1 )4r mare sections on a temporary chassis or other conveyance device, and is designed to be used as a;permanent dwelling when installed and placed upon apermanent fc~undation system. The term includes the plumbing, heating, air cQndifiioninp, and eleetical systems contained in the structure. The term does ' not include a mQbile home as defined herein, nor does it include building modules incorporating concrete ar rnasonry as the primary structural component. For purposes in these regulatiQns, the term includes only thase structures manufactured after May l, 1980, and learing a rnodular decal of the' Manufactured Housing Division, Texas Department af Labor and Standards. HUD-Code Manufactured Home Park &t+iM/9M4y cRI1Ad 11Anki/Q_ Llew+n a,,,.►>> 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 ifAAdual, firm, trust, partnership, association or corporation or other legal entity. Site Plan{Wat means graphic presentation, drawn to scale, in a horizontal Page 3 of 21 ~ 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 Mobile Homes and HUD-Code Manufactured Homes outside HUD- Code Manufactured Home Parks. (a) It shall be unlawful for any person to park a Mobile Home or a a*y 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. (b) 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 4r Qne-Family Dwelling District No. 3(SF-3) with a speeific use permit issued pursuant to Sec. 12-100 (39) of the City's Zoning Ordinance.. ; p Ta°a,h^°, r *h^*: (c) Any oecttpied Mobile Home or HtIU-Code Manufactured Home now parked on property located outside of a duly licensed HUD- Code Manufactured Home Park or One-Family Dweliing Distriet No. 3(SF-3) with a specific use permit {39} may be continued to be used and occupied from such tract e€~d-as a nonconforming use; provided, ho-wever e:,e~ «"e„o °,,R" :r a if the occupancy and use ofsaid nonconforming use shouid cease or diseontinue °^~-~~~~~~g w~n 41a^'' ^°'°°d for any reason for a period of more than thirty (30) days then the use mustbe brought into compliance with the requirements of this Chapter'and the City Zoning Ordinance. ~^^~fffffl to this-ea--difianfe: (d) The Gity Building Official may permit the parking, use, and occupancy of a Mobile Home or a HUU-Code Manufactured Home outside of a duly licensed HUD- Code Manufactured Home Park or E}ne-Family Dwelling District Na. 3(SF-3) with-a specific use permit{34} 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 21 " vOC~?5 b l! occupancy of a manufactured home shall be permitted only when the home is parked on the same premises on which the activity is located and only when adequate sanitary facilities are available upon the premises for the use of the occupants of the 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, expanti or enlarge a HUD-Code Manufactured Home Par-k; 4. aIter, enlarge or extend ff eWa,PA any HUD-Code Manufactured Home Park within the eity 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) Apnlication 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 or lot. 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 21 ~ i UQf~~t (c) Permit Fee - All Permit applications « the B••i'ai^R ^ffl^i^' for a HUD-Code Manufactured Home Park shall be accompanied by a fee of one fwe hundred dollars ($140.00 ~900400) for less than thirty acres and five hundred e dollars ($500.04 $1,-0004)0) for more than thirty acres. An application for a permit for a HUD-Code Manufactured Home single space or lot shall be accompanied by a fee of one hundred dollars ($100.00). (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 tJrdinance -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 *h^ ^„ai^^^^^ this Chapter has been denied may appeal said decision by filing their appeal in writing to the City Manager, or his authorized designee within ten (10) days from the date of the Building Official's decision. r-ec}ues~ n ir~--a rr ti+n~~ - - -re i+r~ t~ -o mn1-to+~ nr~d off r ndeaitiav~r~nl e;ride~r~no if c i writ---a i `r n roj+--- - - - - - - - d2SiFed. 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 by them any HUD-Code Manufactured Home Park within the limits of the City of Paris unless they hold a valid license issued annual! 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 and shall be renewal annually. (b) Apnlication 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 o€ this Chapter #er-ee€. Page 6 of 21 0 0 0 2 1 "IL (c) Hearing Granted A1212licants - Any person whose application for a license under this Ordinance has been denied may w";,, *e„ r10a.,ys ,.oho.,,.;,,& appeal said decision by filing their appeal in writing to the Ciry Manager, or his authorized designee within ten (10) days from the date of the Building Official's decision. Building l. (d) Annlication 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 H^° ne„°''ha~ y°^" 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 21 - 0 101 0 ~xJ, 1 3 . 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 Notice - 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 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, n^or-z *h^„ y^^M, 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; hand delivered or sent or Licensee or to -the n n nunh Iecaasnn nt+ .,ge.,+ when a copy thereof has been mail to the last known address pravided by' Permittee k office at. the Manubcturect Home Fark; and ^r ` (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 Qf~'icial Couneil may revoke any permits or licenses issued pursuant to this Chapter in addition to any punishment fines or cr[minal penalties that may be assessecl pursuant to Section 1-6 uf tfie City' Code of (kdinances.-pFe-Aded-in Secti6„ 22 n i.,,,.eAt Sec. 22-7. Mobile homes and HUD code manufactured home prohibited outside designated areas. in the Cky ef4PaFis. Page 8 of 21 - Htff" Y The installation or lec-ation of mobile homes or HUD Code manufactured homes for use or occupancy as a residential dwelling in the City of Paris, Texas }s,afe is prohibited in at'eaS otitside of a liCen5ed` °~''°~-to HUD- Code Manufactured Home Park or One-Farr* Dwelling District No. 3 (SF-3) with a specifrc use permit" {4~issueti` under See. ` 12-100 of `the City Zoning Ordinance. HUD-Code Manufactured Homes are permitted only within HUD- Code Manufactured Home Parks and One-Family DweIling 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 5. A: new Article III entritied, H ~Code Manufactured Harne Parks, of Chapter 22 of the City Code of Ordinances is hereby esEabtished to read in its entirety as follows: "ARTICLE III. HUD-CODE MANUFACTURED HOME PARKS. Sec. 22-41. Site Plan. AT4e site plan fQr -each new HUD-Coded Manu€actured Home Park and for each expansion ar ad+~ition to ar~ existing `Mobile Home or HUD-Code Manufactured Hame Fark shall be filed with the City as required by Section 22- 3(b) 3R of this Chapter Or-dinanEe 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. Page 9 of 21 8. Area and dimensions of site. 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 adepti~ of this ordinance, and any w4easion exaansion or addition to an existing Mobile Home or 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 1!0 9 spaces per acre. 2. 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. 3. Basic HUD-Code manufactured home Minimum Site Requirements: A. Height Regulations: 2) The average height of the HUD-Code manufactured home Page 10 of 21 n nno frame above ground elevation, measured at 90 degrees to the frame, shall not exceed four feet from the top of the pad. B. Spacing Regulations - HUD-Code Manufactured Homes shall be located no closer than twenty. feet (2d')' 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 orlat which shall conform to the following standards: 1. Be served with sanitary sewer, water, electrical power, telephone service, and/or natural gas. 2. Pravide a minimum lnt moNth : of 16ttyleet (40') and a minimum lot depth of eighty feef (W)and aminimum total tvt area flf 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 Page 11 of 21 ~oQ0;,P ~ ; shall be considered a part of such HUD-Code Manufactured Home pad. 5. Provide a minimum of two (2) off-street parking spaces that shall be constructed of concrete of suffideat ~ckness and strength to bear the weight of the motor ~eNdes bdngparked there. 6. No vehicular access to a HUD-Code Manufactured Home space is permitted from a public dedicated street. 7. 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) IVo part af HUD-Code Manufactured Home or structure in a HUD-Code Manufactured Home Park or in a flne-Tan* £1~elling District Na. 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. No 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 (1'0') 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. Page 12 of 21 2. Such landscaped strip shall be continuously maintained and shall be 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) Skirtir~~ ~br *RVAtCOleMawf4ctured Homes within Sixv (60) days Qf the date. of plac~~~~ ~~a- HUD-Code- Manufacfiured Home; the skirting must extend a-round ~ntfre It must be instalied per the manufacturer's installation instructions or if the manufacturer is not specific, to the standards in this seefiion. 1, , Skirtmg insWled oa ;a Ii_)D-Code Manufactured Home shall be adequately secured at lop an~+~m to resist wind pressixre of fifteen pttttnds per ~~t, -~t~i ~efial fasteners rnade out vf Lyalvanized or stainles& steel or other corr4sian-resistant material. E~~(?~.;,' ; ~ , 4. contact. arance to the HUD- suitable for ground 5. Skirting on all non-conforming Mobile Homes and HUD-Code Manufactured Homes shall be maintained in compliance with these standards or applicable standards set out in the City Code of Ordinances, International Building Code and/or Manufactured Housing Rules. Sec. 22-45. Access; Traffic Circulation; Parking. 1. Internal streets shall be privately owned, built, and maintained by the Park owner/operator. 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 out in the approved plat or site plan and in accordance with the City's Ordinances and technical specifications. The internal private streets by-the E^^i^°°r °ra shall be maintained by the park owner/operator. 3. All internal pr-ivate 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. Page 14 of 21 - 0DU?ii~ D. Internal Pr-ivate 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. Internal PFivate 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. 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 internal pr-ivate streets, parking lots, entrances/exits, walks, and service areas shall be lighted at night ^'me-s so the HUD-Code Manufactured Home Park shall be safe for occupants and visitors. , „a ex;*s st,.,n be i;Rh+o,t 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 Homes 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 r-ubbis# trash and Page 15 of 21 Nn r . , ~ rubbish for all park residents. 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. The Park shall establish one master meter for the Park to be connected to the City's potable water system. 3. All plumbing shall be in accordance with applicable state statutes and the ordinances of the City of Paris. 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. The owner or operator of the Mobile Home Park or HUD-Code Manufactured Home Park shall contract with one a licensed and approved solid waste collection service to collect all trash from the residents of the HUD-Code Manufactured Home Park at least once per week. E + i^ ^ "^"''^g° ^^"°^}'^n f"" " s,,,,, ,.os„„„s;b;l;+y „f *ho iITTTI_M-,n,.fn.-*,wrea u9..,o Dar* ,.%,,,o.. 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 Page 16 of 21 Sec. 22-51. Maintenance of Park. The owner or operator of the Mobile Home or HUD-Code Manufactured Home Park shall maintain such park, and any facilities, fixtures or buildings thereon a clean and sanitary condition and in a state of good repair. The owner/operator shall keep the Park mowed and shall provide for the regular cleaning, painting and repair of all buildings and or structures in the Park. Internal Streets, driveways and parking areas shall be properly maintained and potholes shall be timely filled and repaired. r+h^* YT" ^ara^+ ^~i-d the p„-"„ gatrvxa--vi -rrrs@'~ci$--vi rva°1cs--v'~~C~eat°c-a--iir'cuid. r,• •••+l, .,F r,l.,,,t , . , r~ ld rt nnd ctornren nronc chnll be mnintainnd ++r+ to /'iFy ctnndnr-dc Sec. 22-52. Conform to Codes. All Mobile Homes and Mobile Home Parks and HUD-Code Manufactured Homes HUD-Code Manufactured Homes and HUD-Code Manufactured Home Parks tctttc faeilities •a L7UD-!` .a M F ctuH"°ct'~-a--rurl3zxrvs--lvecrced (l,,o_F.,.+,;1.. Dwell•-ng Distr-i^tNo. -3 (cF_3).,,,,,;.,g ,.,,,.r.,;,,o,: t-beFein shall conform vAthou l;-^;*^*;^^ +h^ with all codes and ordinances of the City of Paris, including the Building, Plumbing, Electrical, a*d Fire Codes adopted by City, Manufactured Housing Rules (Adrninistrative Rules uf the Texas Department of Housing and Community Affairs 10 Texas Adminisfirative Cade, 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 maintained in °u^h ^fg^°. 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 and Mobile Homes. 3. The date of arrival and departure of each HUD-Code Manufactured Page 17 of 21 Home and/or Mobile Home. 4. The park operator shall submit the park register to the Building Official each year upon requesting license renewal (on or before December 15th) and shall make said register available to any authorized ciry official and to the Lamar County Appraisal District upon reasonable request. The Licensee or owner/operator of the HUD-Code Manufactured Home Park or Mobile Home Park shall notify the City Building Official and the Lamar County Appraisal District within thirty (30) days of the arrival or departure of a HUD-Code Manufactured Home or Mobile Home. a~~r r~f n y LIiTTI _!'rle */~nr~i~fne~~~ Lli+mc~, tho r~nr~v or~ernter j. ch..ll ;Ret;Fy tl... (';hy anrl Ta y. !'o„r+y Appr.a;sa1 il;otr;i.t •v;th;n thiFty {3"'~T,. tax asJesJer Failure to do so shall place the owner/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 aan initi^~' 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 Eempi cure said violations will face license revocation and or criminal citation and fine. d. ~.,;a l;,.o..so sh.,~l be „ov,,vod. Sec. 22-55. Nonconforming HUD-Code Manufactured Home Park. 1. Any HUD-Gode Mantifactured; ~ome Fark or Mobile Home Park 2. All Mobile Home Parks or HUD-Code Manufactured Home Parks located within the city limits of the City of Paris, Texas as of the effective date of this ordinance shall provide a register of all mobile homes and/or HUD- Code Manufactured Homes located within their park to the Building Official of the City of Paris no later than July 1, 2010. The registers shall include the information required by Section 22-53 contained herein. 3. Any additions or extensions to a nonconforming HUD- Code Manufactured Home Park or Mobile Home Park after the effective date of this ordinance shall conform to all requirements of this Page 18 of 21 p k^ " 'r 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 shaR 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." Sectian 6, That Section 8, Il,~e o~`~cr~~ ~&Buffdings cf- Zaning 4rdinance Nd. 1710 of the City of Paris, Texas, be, and fihe same is bereby, amended as follows: "Sec. 8-101. Primary Residential Uses. Page 19 of 21 ~ . wse with "HUD-Code~ Home Subdivision;" tc Industrial (LI) Zoning SF-3 Zoning by Specifii Section 7. That Section Paris, art rq*~~ term "Mobile Home" with tem "Mobile Home Fark" ac~~~d&ilome #4HO, deleting the term "Mobile t a HUD-Code Manufactured Home Park in Light ;G allbWinrg a HUD-Code Manufactured Horne in ) 4fZonirkg €}rdinance No. 1710 of the City of ,•Sec.12-100 ` Sipecifx+c Use Pernit.s (39) HIJU-Code Manufactured =:Home in the~SF-3 d~ttrict with the further restriction that HUD~Code: Man~~tured ~~es may only receiue a specific use permit for a periaRd not to -exceed five M , years with : the option for renewais of the SpecificAJse Pe~n-ut upon City Cauncil approval.•• Section B. 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 February 22, 2010, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on March 8, 2010, at a regular meeting of the City Council of the City of Paris; the same being Page 20 of 21 ^~n~~ ~ 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. PASSED AND ADOPTED on second and final reading this 8th day of March, 2010. Jesse James Freelen, Mayor Page 21 of 21 a1LR -Pe