HomeMy WebLinkAboutOrdinance - 2011-O0064 - Amendment To Chap 32 Mobile Homes And Travel Trailers - 07/27/2011First Reading
July 27, 2011
Item No. 5.22
ORDINANCE NO. 2011-0 0064 -------
Second Reading
September 8, 2011
Item No. 5.24
AN ORDINANCE AMENDING CHAPTER 32 (MOBILE HOMES AND
TRAVEL TRAILERS) OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, WITH REGARD TO REPEALING OUTDATED AND
UNNECESSARY PROVISIONS, AMENDING PROVISIONS TO ENCOMPASS
CURRENT PRACTICES, AND CONFORMING THE ORDINANCE TO THE
STANDARDS AND CONVENTIONS OF THE REST OF THE CODE OF
ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas finds and determines that it
is in the best interest of the citizens of the City of Lubbock to make the following
amendments to Chapter 32 (Mobile Homes and Travel Trailers) of the Code of
Ordinances of the City of Lubbock; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT, Chapter 32 (Mobile Homes and Travel Trailers) of the
Code of Ordinances, City of Lubbock, Texas, is hereby renamed as Chapter 32
(Manufactured Homes and Recreational Vehicles).
SECTION 2. THAT, Chapter 32 (Manufactured Homes and Recreational
Vehicles) of the Code of Ordinances, City of Lubbock, Texas, is hereby repealed and the
following provisions are enacted in its place and stead:
ARTICLE 32.01 GENERAL PROVISIONS
Sec. 32.01.001 Definitions
The following definitions shall apply in the interpretation and enforcement of this
chapter:
Department -the Texas Department of Housing and Community Affairs operating
through its manufactured housing division.
Hard surface -a surface that will not soften when exposed to moisture and which
is of sufficient thickness to withstand usual wheel loads. The use of asphalt,
concrete, soil-cement, also gravel or crushed rock when used in compliance
herewith will meet this requirement. Caliche may be used as a base for asphalt,
crushed rock, or gravel. In the event gravel or crushed rock is used, such material
must be applied six (6) to eight (8) inches thick with a soil binder, or, in the
alternative, applied two (2) to three (3) inches thick over a minimum six-inch-
thick caliche base. Caliche, used by itself, will not be acceptable as a hard surface.
The use ofprecast concrete slabs is acceptable if such slabs are at least two (2)
feet square and are adequately reinforceJ. Such slabs must be clearly specified in
construction plans approved by the building official.
HUD-code mww(actured home -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 pennanent chassis; designed for use as a dwelling with or
without a pennanent foundation when the structure is connected to the required
utilities; transportable in one or more sections; and in the traveling mode,
measures at least eight body feet in width or at least 40 body feet in length or.
when erected on site, includes at least 320 square feet; an<l includes the plumbing.
heating, air conditioning, and electrical systems of the home. The term HUD-code
111a1111fact11red home does not include a recreational vehicle as defined by 24
C.F.R. Section 3282.8(g).
/11stallatio11 -the temporary or permanent construction of the foundation system
and the placement or a manufactured home or manufactured home component on
the foundation, including supporting, blocking, leveling. securing, anchoring, an<l
properly connecting multiple or expandable sections or components and making
minor adjustments.
111staller -a person, including a retailer or manufacturer, who contracts to perform
or perfonm an installation function on manufactured housing.
Lease-purchase -a lease contract for a manufactured home, in which the lessor
retains title, containing a provision or, in another agreement. conferring on the
I essee an option to purchase a manu foe tu red home
License holder or Licensee -a person who holds a department-issued license as a
manufacturer, retai !er, broker, rebui Ider. salesperson, or installer.
Ma1111(act11red home or 111a11u{acwred housing~ a HUD-code manufactured home
or a mobile home.
lv/amr(actured home park -any tract of land under single ownership. eight (8)
acres or more, where accommodation is provided for nontrnnsient manufaciured
home use.
Manu(acwred !tome space or Recremional vehicle space -a plot of land within a
manufactured home or recreational vehicle park designated for the
accommodation of a single manufactured home or recreational vehicle.
Ma1111fhctured home stand or Recreational vehicle stand -a hard-surfaced area or
a manufactured home or recreational vehicle space that is reserved for the
placement of a manufactured home or recreational vehicle. Each manufactured
home stand shall be provided wit.h adequate "tie downs'' to secure the
2
superstructures against uplift, sliding, rotation and overturning. See 32.02.003 for
"tie-down" requirements.
Manufacturer -a person who constructs or assembles manufactured housing for
sale, exchange, or lease-purchase in this state.
Mobile home -a structure: constructed before June 15, 1976; built on a permanent
chassis; designed for use as a dwelling with or without a permanent foundation
when the structure is connected to the required utilities; transportable in one or
more sections; and in the traveling mode, measures at least eight body feet in
width or at least 40 body feet in length or, when erected on site, at least 320
square feet; and includes the plumbing, heating, air conditioning, and electrical
systems of the home.
Recreational vehicle -a vehicle which is built on a single chassis; measures 400
Square feet or less when measured at the largest horizontal projections; is self-
propelled or permanently towable by a light duty truck; and is designed primarily
as temporary living quarters for recreational, camping, travel, or seasonal use and
not for use as a permanent dwelling. The term shall include any travel trailer,
camp trailer, pop-up or tent campers, house trailer, motor home or house car, and
any pickup camper, on or off the pickup (excluding recreational dual purpose
vehicles), except a simple shell, on the pickup, having no cooking or bath
facilities. As used in this Code, the term recreational vehicle is synonymous with
vacation travel trailer.
Recreational vehicle park -any tract of land under single ownership, of two (2)
acres or more, where accommodation is provided for transient recreational vehicle
use.
Retailer -a person engaged in the business of buying for resale, selling, or
exchanging manufactured homes or offering manufactured homes for sale,
exchange, or lease-purchase to consumers, including a person who maintains a
location for the display of manufactured homes; and a person who sells,
exchanges, or lease-purchases at least two manufactured homes to consumers in a
12-month period.
Space width -the horizontal distance between the side lot lines, measured at right
angles to the lot depth at a point midway between the front and rear lot lines.
ARTICLE 32.02 MOBILE HOME SUBDIVISIONS
Sec. 32.02.001 Establishment and scope of code
There is hereby established a "Manufactured Home Code" which shall apply to
manufactured homes placed, assembled, erected or any additions made thereto
3
within a manufactured home subdivision within the city. Such subdivisions are
subject to platting as described in Chapter 38 of the Lubbock Code of Ordinances.
Sec. 32.02.002 Standards
All manufactured homes placed within a manufactured home subdivision shall
conform with the standards established for manufactured homes by the National
Mobile Housing Construction and Safety Standards Act of 1974 (42 U.S.C.
Section 5401 et seq.), and any subsequent modification or amendments to such
standards. Except as otherwise allowed by Section 28.09.131, manufactured
homes may not be installed within the corporate limits. All other structures, on
site, shall comply with all city codes and ordinances. In addition, compliance shall
be made with the appropriate sections of this Code of Ordinances concerning
foundations, supports and utility connections.
Sec. 32.02.003 Restrictions on Placement of Manufactured Housing
(1) Except as otherwise permitted by the zoning ordinances of the city, the
installation of a mobile home for use as a dwelling within the city is hereby
prohibited. This prohibition is prospective and does not apply to a mobile home
previously legally permitted by and used as a dwelling in the city. If a lawfully-
placed mobile home is replaced by a HUD-code manufactured home in the city,
the city shall grant a permit for use of the manufactured home as a dwelling in the
city.
(2) On application, the city shall permit the installation of a HUD-code
manufactured home for use as a dwelling in any area determined appropriate by
the zoning ordinances of the city, including a subdivision, planned unit
development, single lot, and rental community or park. An application to install a
new HUD-code manufactured home for use as a dwelling is considered to be
granted unless the city, in writing, denies the application and states the reason for
the denial not later than the 45th day after the date the application is received.
(3) Subsections (1) and (2), above, do not affect the validity of an otherwise
valid deed restriction.
(4) A permit, fee, bond, or policy of insurance is not required for the
transportation and installation of manufactured housing by a licensed retailer or
installer, except as approved by the Texas Department of Housing and
Community Affairs, operating through its manufactured housing division. This
subsection does not prohibit the collection by the City of the actual costs which
result from the transportation of a manufactured home.
(5) Notwithstanding any zoning or other law, in the event that a manufactured
home occupies a lot, the owner of the manufactured home may remove the
manufactured home from its location and place another manufactured home on
4
the same property, provided that the replacement is a newer manufactured home
and is at least as large in living space as the prior manufactured home.
(6) An owner's ability to replace a manufactured home as a result of a fire or
natural disaster is not restricted; however, other than in the case of a fire or natural
disaster, the ability of an owner to replace a manufactured home is limited to a
single replacement.
Sec. 32.02.004 Inspection and permit
( 1) Inspection shall be made of manufactured homes and manufactured home
sites by the building official or his appropriate inspectors, in accordance with the
inspections required in Sections 28.05.231 and 32.02.002, and the inspection fees
authorized therein shall be paid.
(2) A permit shall be secured from the building official by any person desiring
to place a manufactured home or make an addition to a manufactured home
within a manufactured home subdivision following the procedures in Articles
28.05 and/or 28.07 of this code, as applicable. Such permit shall be secured before
any preparation of the lot is started prior to moving in a manufactured home or
making an addition to a manufactured home in accordance with the building code.
(3) Permits required for the placement or installation of manufactured homes
include those necessary for movement and placement of the home, as well as, to
accommodate the connection of electrical, plumbing, and fuel gas systems,
including all necessary inspections associated therewith. Any addition to a
manufactured home shall require permits in accordance with the building code,
the electrical code, the plumbing code, and the mechanical code in accordance
with Article 28.05 of this code.
ARTICLE 32.03 MANUFACTURED HOME AND RECREATIONAL
VEHICLE PARKS
Division 1. Generally
Sec. 32.03.001 Location
It shall be unlawful for any person to locate a manufactured home park or
recreational vehicle park within the city limits except as provided in the zoning
ordinance of the city.
Sec. 32.03.002 Building permits and code compliance
(1) All new construction permitted by this article shall comply with the
requirements and standards set out in all relevant sections of this Code of
Ordinances, including but not limited to subdivision regulations, building code,
5
plumbing code, electrical code, sidewalk ordinance and zoning ordinance.
(2) Manufactured home parks and recreational vehicle parks in existence upon
the effective date of this article shall comply with this section and sections
32.03.003-32.03.006, 32.03.045-32.03.050, and 32.03.057 when updating their
existing facilities.
(3) Updating shall mean major remodeling or replacement of existing
facilities, but shall not include normal maintenance.
Sec. 32.03.003 Supervision
A responsible attendant or supervisor, owner or operator shall be in charge at all
times to keep the manufactured home and recreational vehicle park, its facilities
and equipment in a clean, orderly and sanitary condition and he shall be
answerable, with the licensee, for any violation of the provisions of this article.
Sec. 32.03.004 Sanitation facilities in recreational vehicle parks
Recreational vehicle parks shall provide toilets, bath or showers, and other
sanitation facilities which shall conform to the following requirements:
(1) The toilet and other sanitation facilities for males and females shall be
either in separate buildings or shall be separated, if in the same
building, by a soundproof wall. Such service buildings shall be well
lighted and ventilated at all times with screened openings. These
service buildings shall be maintained in clean and sightly condition
and kept free of any condition that could menace the health of any
occupant. Service buildings shall be located not closer than five (5)
feet or farther than two hundred (200) feet from any recreational
vehicle space.
(2) An adequate supply of hot water shall be provided at all times in any
required service buildings, and for all bathing, washing, cleansing and
laundry facilities.
(3) Toilet facilities:
(a) Males. Toilet facilities for males shall consist of not less than one
flush toilet for every fifteen (15) recreational vehicles, one urinal
for every fifteen (15) recreational vehicles and one shower with
individual dressing accommodations for every ten ( 10)
recreational vehicles.
(b) Females. Toilet facilities for females shall consist of not less than
one flush toilet for every ten (10) recreational vehicles and one
6
shower with individual dressing accommodations for every ten
( 10) recreational vehicles.
Sec. 32.03.005 Disposal of garbage and rubbish
Manufactured home parks and recreational vehicle parks shall provide a sufficient
number of dumpsters to handle the refuse generated by their occupants. Such
dumpsters shall be located in designated areas where pickup will be made by the
city.
Sec. 32.03.006 Fire protection
( 1) Fire lanes. No manufactured home or recreational vehicle space, not
including driveway or access, shall be located more than one hundred (100) feet
from a street without a fire lane being provided. Such fire lane shall be a
minimum of twelve (12) feet in width, shall be hard surfaced and shall be kept
open and unobstructed at all times. The required driveway or access, as specified
in section 32.03.054, may serve as such fire lane provided it meets the standards
as set forth in this subsection.
(2) Manufactured homes.
(a) Each manufactured home shall contain a five-pound CO2 fire
extinguisher at all times.
(b) Fire hydrants shall be installed so that no manufactured home
space will be over three hundred (300) feet from a hydrant sitting
on an eight-inch water main.
(c) There shall not be any storage under the manufactured home.
(d) Fences around manufactured homes shall not be over thirty-four
(34) inches high across the front of the space.
(3) Recreational vehicles.
(a) Each recreational vehicle shall contain a five-pound CO2 fire
extinguisher at all times.
(b) Fire hydrants shall be installed so that no recreational vehicle space
will be over two hundred (200) feet from a hydrant sitting on an
eight-inch water main.
(c) There shall not be any storage under the recreational vehicle.
(4) The manufactured home park and vacation travel park licensee shall be
7
responsible for maintaining the conditions of this section. The city fire marshal
shall make periodic inspections of these parks to insure the above conditions are
maintained.
Secs. 32.03.007-32.03.040 Reserved
Division 2. Construction Standards for New Parks
Sec. 32.03.041 Requirements generally
All manufactured home parks and recreational vehicle parks constructed in whole
or in part after August 14, 1969, shall conform to the requirements of sections
32.03.047-32.03.058.
Sec. 32.03.042 Zoning district
A specific use permit zone change shall be secured for manufactured home parks
and vacation travel trailer parks that are located in any zoning district and
conform to the guidelines contained in Section 40.03.3103 (p) and ( q).
Sec. 32.03.043 Density
The following maximum densities shall apply to manufactured home parks and
recreational vehicle parks:
( 1) Manufactured homes: 7 per acre.
(2) Recreational vehicles: 12 per acre.
Sec. 32.03.044 Setbacks; spacing
Manufactured home and recreational vehicle minimum setback and spacing
requirements shall be as follows:
Spacing:
Between manufactured structures
End to end parking
Setbacks:
From permanent structures (excluding individual
storage structures, patio roofs and carports)
From patio roof or carport of one manufactured
8
Manufactured Recreational
Home vehicle
(feet) (feet)
15
10
10
3
10
6
5
3
structure to adjacent manufactured structures
Rear and side park property lines
Front park property lines
From interior streets
From cul-de-sac streets
Space width:
Sec. 32.03.045 Patio roofs and carports
10
25
15
25
35
5
15
10
10
25
Manufactured home and recreational vehicle spaces may have open unenclosed
patio roofs and carports of metal, fiberglass or other incombustible materials.
Sec. 32.03.046 Water supply
An adequate supply of potable water for domestic and fire protection purposes
shall be supplied to meet the requirements of the park. Manufactured home and
recreational vehicle spaces shall be provided with a water hookup at least four (4)
inches above the ground and hose connection for lawn maintenance.
Sec. 32.03.047 Sewage disposal
Waste from showers, bathtubs, toilets, lavatories in manufactured homes,
recreational vehicles and service or other buildings within the park shall be
discharged into a public sewer system in compliance with applicable ordinances.
In the event public services are not available such waste shall be discharged into a
private disposal system approved by the health and environmental inspector of
Lubbock County, Texas.
Sec. 32.03.048 Natural gas
Manufactured home and recreational vehicle space shall be provided with a
natural gas hookup at least four ( 4) inches above the ground.
Sec. 32.03.049 Electrical service
Underground service shall be provided throughout manufactured home parks and
recreational vehicle parks and service to individual manufactured homes and
recreational vehicles shall meet the requirements as set forth in Chapter 22 of this
code. All electric meters shall be permanently installed in a location accessible
from an interior street, alley or all-weather walkway.
Sec. 32.03.050 Lighting
(1) Entrances and exits to manufactured home parks and recreational vehicle
9
parks shall be lighted with one or more luminaires (or fixtures) totaling seven
thousand seven hundred (7,700) lumens.
(2) The interior area of the manufactured home park or recreational vehicle
park shall be lighted to five-tenths candle average maintained. All luminaires shall
be mounted fifteen (15) feet to twenty-five (25) feet above ground level.
Sec. 32.03.051 Walks
All interior walks of manufactured home parks and recreational vehicle parks
shall be all-weather and not less than four (4) feet in width. Walks provided
adjacent to interior streets shall be three (3) feet concrete gutter-walks. Walks
provided adjacent to public streets shall comply with chapter 36 of this code.
Sec. 32.03.052 Interior streets
Interior asphalt streets shall be provided to service each manufactured home and
recreational vehicle space. All spaces shall abut upon such paved interior street
which shall connect with a public street. Interior streets where on-street parking is
permitted shall not be less than thirty-five (35) feet in width. In manufactured
home parks and recreational vehicle parks where no on-street parking is
permitted, the interior streets shall not be less than twenty (20) feet in width. All
streets shall have standard curb and gutter except where three (3) feet gutter-walks
or drives are stipulated. No cul-de-sac streets shall be over two hundred fifty
(250) feet from center of the turnaround to the nearest curbline of the street it
abuts. Turnarounds shall have a minimum forty-foot radius at the edge of the
paved surface or to the face of the curb.
Sec. 32.03.053 Ingress and egress
All manufactured home parks and recreational vehicle parks shall have a double
drive entrance separated by a thirty-foot median and a secondary access street at
least three hundred (300) feet from this double entrance. Such streets shall have
standard curb and gutter and shall not be less than twenty (20) feet in width.
Secondary access street can be chained for control as long as a breakaway lock is
used. Entrances and exits must comply with the provisions of chapter 36 of this
Code.
Sec. 32.03.054 Driveway or accessway
A driveway or accessway shall be reserved from the street to the manufactured
home or recreational vehicle stand.
10
Sec. 32.03.055 Parking
Two (2) off-street paved parking spaces shall be provided for each manufactured
home space and two (2) additional guest paved parking spaces shall be provided
in a common area for each three (3) manufactured homes in the park. Such
parking spaces shall not be over three hundred (300) feet from the manufactured
homes they serve. Recreational vehicle parks shall provide one automobile
parking space for each recreational vehicle space and one additional guest parking
space shall be provided in a common area for each four ( 4) recreational vehicle
spaces in the park. Such parking spaces shall not be over two hundred (200) feet
from the travel trailers they serve.
Sec. 32.03.056 Mnnufocturcd home parks-Arca
Initial development of any manufactured home park shall not be less than eight
(8) acres fully improved with serviced spaces. All site plans shall define the initial
development area within the required zone case.
Sec. 32.03.057 Same-Tenant storage
Manufactured home parks shall provide storage facilities of one hundred twenty
( 120) cubic feet minimum on each manufactured home space.
Sec. 32.03.058 Same-Rccrcat.ion area
A lan<lscapec.l recreation area or areas totaling not less than eight (8) percent or the
total manufactured or vacation home park site shall be provided. Such recreation
area shall be provided in a central location where possible and may be divided so
as not to exceed one such recreation area per five (5) acres of gross manufactured
home park area. Regardless of location each rec re at ion area's smallest dim ension
shall be not less than fifty (50) feet. Community buildings and community use
facilities, adult recreation and child play areas and swimming pools may be
included in these recreation areas. This area shall he protected from traffic
hazards.
SECTION 3. THAT. unless otherwise provided herein, a violation of any
provision of this Ordinance shall be deemed a misdemeanor punishable as provided by
Section 1.01.004 of the Code of Ordinances of the City of Lubbock.
SECTION 4. THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
11
SECTION 5. THAT the City Secretary of the City of Lubbock is hereby
authorizc:d and directed to cause publication of the descriptive caption of this Ordinance
as an alternative method provided by law.
SECTION 6. THAT this Ordinance shall become effective, except as may
otherwise be provided herein, from and af1er its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 27th day of July, 2011
Passed by the City Council on second reading this 8th day of September. 2011.
TOM MTIN, Mayor
ATTEST:
D~, ~ ~a Garza. City Secretat
YEO AS TO ONTENT:
----~S6/\-
Randy J--lenso1 Director of Planning
APPROVED~ T~Q~."' / ~
/.,,,, 1/ / I ,....,..-, /,/ /
John C(Grac;.c: Assistant City Attorney /✓//
& I
A m:nding I.CO Cha"· 32
07.12.11
Mohilc Homes
12