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Ord 081-87 9/1/1987 ORDINANCE NO. 81-87 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS ESTABLISHING MINIMUM REQUIREMENTS FOR NEW MOBILE HOME PARKS, AND ESTABLISHING MINIMUM REQUIREMENTS FOR EXISTING MOBILE HOME PARKS. WHEREAS, there is a need to update certain sections and to chance certain definitions in the existing mobile home park ordinance relating to the creation of new mobile home parks, and to update and clarify requirements for existing mobile home parks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The title of Chapter 30 of the Code of Ordinances is hereby changed to read as follows: "MOBILE HOMES, MOBILE HOME PARKS, AND MOBILE HOME SUBDIVISIONS." SECTION 2. Section 30-1 is hereby amended to read as follows: "Section 30-1. Definitions. For the purpose of this chapter the following words shall have the meaning herein ascribed to them: (a) Mobile Home - a transportable, factory-built home, designed to be used as a year-round residential dwelling unit and constructed prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act, made effective June 15, 1976. (b) Manufactured Home - a dwelling unit fabricated in an off site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is constructed in compliance with the Federal Manufactured Housing Construction Standards Act. (c) Travel Trailer - a transportable, factory built structure, which in the traveling mode is less than eight ( 8) body feet in width and less than forty ( 40) body feet in length and designed as a temporary use dwelling unit. (d) Recreational Vehicle - a transportable or self propelled factory built structure, other than a travel trailer, mobile home, or manufactured home, designed as a temporary use dwelling unit. 2 , (e) Mobile Home Park - a parcel of land, under single ownership, on which two or more manufactured homes or mobile homes in the aggregate are located and occupied as permanent dwelling units. (f) Temporary Use - for purposes of this ordinance, a period of time not exceeding one hundred eighty ( 180) days. (g) Mobile Home Lot - a plot of ground within a mobile home park and so indicated on the site plan for the placement of one (1) mobile home, manufactured home, travel trailer, or recreational vehicle. (h) Awning - a roof-like cover extending over an area to provide shade and/or shelter. The awning shall be entirely P r supported orted b the exterior wall of the building with no independent means of support. (i) Structure - any building, shed, room, cover, ramp, patio, mobile home, manufactured home, travel trailer, recreational vehicle, tent trailer or any other building constructed on or off site. ( j ) Mobile Home Subdivision - an area of not less than four ( 4) acres so designated for the purpose of subdividing land into residential lots to be sold for the exclusive use of mobile or manufactured homes. " SECTION 3 . Section 30-2 is hereby amended to read as follows: "Section 30-2. Location of mobile homes, manufactured homes, travel trailers and recreational vehicles outside of mobile home parks or subdivisions. (a) Location, parking, or placement of manufactured homes, mobile homes, travel trailers or recreational vehicles outside of a mobile home park or mobile home subdivision shall be regulated by the City Building Code, Zoning regulations, and all other applicable City and State regulations. " SECTION 4. Section 30-3 is hereby amended to read as follows: "Section 30-3. Mobile Home Park License. (a) No person, firm, or corporation shall operate or maintain a mobile home park within the limits of the City of Wichita Falls without first having secured a mobile home park license from the Building Inspection Divisions of the Planning Department. 3 (b) The application for license shall be made on forms provided by the Planning Department and licenses shall be granted only after inspection and approval of the park by the Building Inspection Division. (c) The application for license shall be accompanied by a fee of fifty dollars ( $50. 00) for each mobile home park. (d) No license may be issued for a mobile home park unless the plans for such park have been approved according to the requirements of this chapter. (e) No license may be issued for a mobile home park if the park is delinquent in payment of city taxes. (f) No license may be issued to a mobile home park unless a park plan has been submitted to the Building Inspection Division. Such park plan shall contain the following information; 1. Name, address and owner of park 2. Address of Park 3. Names of adjacent public streets and roads 4. Locations and dimensions of all lots, utility easements, drives, recreational areas, streets and sidewalks 5. Number of each lot 6. Property lines of park property. " SECTION 5. Section 30-4 is hereby amended by adding the following after ( 1) . " (m) No mobile home or manufactured home shall be installed in a mobile home park until a permit has been issued by the Building Inspection Division. The mobile home owner shall make application to the Inspection Division for such permit. (n) All electrical installations in the park must be done by city licensed electrical contractors. Placement and tie down of the mobile home must be done by State licensed installers in accordance with the Rules and Regulations of the Texas Department of Labor and Standards. Plumbing installation from the park supplied connections to the mobile home may be done by the mobile home owner/occupant or by a licensed plumber. In any case the names of each person or licensee making the installations must be provided to the Inspection Division upon application for the Installation Permit. Inspections for electrical and plumbing installations must be called for by the person or licensee installing such service. 4 (o) No electrical clearance will be given to a mobile home until the unit has been installed in accordance with the applicable requirements of this ordinance. (p) An inspection fee of twenty-five dollars ( $25.00) shall be charged for each mobile home installation permit. An inspection fee of fifteen dollars ($15.00) may be charged for re- inspection of any rejected installation. (q) Temporary use travel trailers or recreational vehicles are not required to have an installation permit, however the installation must comply with the applicable requirements of this ordinance." SECTION 6. Section 30-10 is hereby repealed. SECTION 7. Any mobile home legally parked, used or occupied outside a mobile home park on January 1, 1970 shall be considered a nonconforming mobile home. Such a nonconforming mobile home which is moved from its location shall be required to conform to Chapter 30 of the Code of Ordinances. Any lot vacated by a nonconforming mobile home may not be reoccupied by mobile homes in violation of Chapter 30. SECTION 8. Any mobile home park in use and/or existence on the effective date of this ordinance and not complying with all applicable provisions of Chapter 30 shall be considered a noncomplying mobile home park and shall conform to the following requirements: Subsection I. Definitions (A) Mobile Home - a transportable, factory-built home, designed to be used as a year-round residential dwelling unit and constructed prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act, made effective June 15, 1976. (B) Manufactured Home - a dwelling unit fabricated in an off site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is constructed in compliance with the Federal Manufactured Housing Construction Standards Act. (C) Travel Trailer - a transportable, factory built structure, which in the traveling mode is less than eight ( 8) body feet in width and less than forty (40) body feet in length and designed as a temporary use dwelling unit. (D) Recreational Vehicle - a transportable or self propelled factory built structure, other than a travel trailer, mobile home, or manufactured home, designed as a temporary use dwelling unit. • • 5 (E) Mobile Home Park - a parcel of land, under single ownership, on which two or more manufactured homes or mobile homes in the aggregate are located and occupied as permanent dwelling units. (F) Temporary Use - for purposes of this ordinance, a period of time not exceeding one hundred eighty ( 180) days. (G) Mobile Home Lot - a plot of ground within a mobile home park and so indicated on the site plan for the placement of one (1) mobile home, manufactured home, travel trailer, or recreational vehicle. (H) Awning - A roof-like cover extending over an area to provide shade and/or shelter. The awning shall be entirely supported by the exterior wall of the building with no independent means of support. (I) Structure - Any building, shed, room, cover, ramp, patio, mobile home, manufactured home, travel trailer, recreational vehicle, tent trailer or any other building constructed on or off site. Subsection II . Mobile Home Park License (A) No person, firm, or corporation shall operate or maintain a mobile home park within the limits of the City of Wichita Falls without first having secured a mobile home park license from the Building Inspection Division of the Planning Department. (B) The application for license shall be made on forms provided by the Planning Department and licenses shall be granted only after inspection and approval of the park by the Building Inspection Division. (C) The application for license shall be accompanied by a fee of fifty dollars ( $50.00) for each mobile home park. A mobile home park that has paid a license fee for the current year under requirements of the mobile home park ordinance in effect prior to the date of this ordinance shall be refunded the amount previously paid. (D) A mobile home park license so issued shall convey with it the right to operate a mobile home park and shall remain in effect until such license is revoked or until such park ceases to operate as a mobile home park. 6 (E) A license will not be issued to a mobile home park if the park is delinquent in payment of city taxes. (F) No license may be issued to a mobile home park unless a park plan has been submitted to the Building Inspection Division. Such park plan shall contain the following information; 1. Name, address and owner of park 2. Address of Park 3 . Names of adjacent public streets and roads 4. Locations and dimensions of all lots, utility easements, drives, recreational areas, streets and sidewalks 5. Number of each lot 6. Property lines of park property Subsection III . Revocation of License (A) It shall be the responsibility of the licensee to insure that all requirements of this ordinance are met and maintained. Any mobile home park issued an initial license after adoption of this ordinance that is found to be in violation of any provision of this ordinance shall be notified in writing by the Building Official to cease such violation within thirty ( 30) days thirty ( 30) days the violation has not If after thi ( ) Y of notification. Y ceased the Building Official shall forward a notice of license revocation to the owner of the mobile home park. Revocation of the license shall mean that no future licenses or permits may be issued to the mobile home park until said violation ceases and the license has been reinstated. Subsection IV. Location of Mobile Homes and Other Buildings Within a Mobile Home Park (A) Mobile homes, manufactured homes and other structures shall be installed in accordance with the following minimum separation and setback requirements: 15 ( 1) Side Fiftee n ( 15) feet between units ( 2) Rear - Ten (10) feet between units ( 3) Front - Behind the front lot line, behind the curb or behind the street pavement if no curb exist. (4) Abutting Private Property Line - Five ( 5) feet from a property line 7 • ( 5) Storage Buildings or Out Building up to and including 150 square feet - Three ( 3) feet from any other structure. Five ( 5) feet from a property line. (6) Storage Buildings or Out Buildings more than 150 square feet - Ten ( 10) feet from any other structure. Five ( 5) feet from a property line. (7) Uncovered porches, patio decks, steps, landings, or ramps - Five ( 5) feet from any other structure or property line. ( 8) Covered, unenclosed porches, patio decks, steps, landings, or ramps (other than awnings) Ten ( 10) feet from any other structure (other than awnings) . Five ( 5) feet from property line. (9) Awnings - Three ( 3) feet from any other structure or property line. ( 10) For purposes of separation or setback requirements, any structure that is en- closed or covered by construction on any side (other than the primary building side) , shall be considered as part of the mobile home, manufactured home or building. (B) Mobile homes, manufactured homes and other structures hereinafter installed in mobile home park that were in existence on September 1, 1967 shall be installed in accordance with the separation and setback requirements as hereinafter set out; such mobile home parks shall comply with paragraph (A) of this subsection by September 1, 1997. Such minimum separation and setback requirements are as follows: ( 1) Side - Ten ( 10) feet between units g ( 2) Rear - Eight ( 8) feet between units (3) Front - Behind the front lot line, behind the curb or behind the street pavement if no curb exists. ( 4) Abutting Private Property Line - Three ( 3) feet from a property line • • 8 ( 5) Storage Buildings or Out Building up to and including 150 sq. ft. - Three ( 3) feet from any other than the owner' s mobile home. Five ( 5) feet from a property line. (6) Storage Buildings or Out Buildings more than 150 sq. ft. - Ten (10) feet from any other structure other than the owner' s mobile home. Five ( 5) feet from a property line. (7) Covered or uncovered porches, patio decks, steps, landings, or ramps - Five ( 5) feet from any other structure or property line. ( 8) Awnings - Three ( 3) feet from any other structure or property line. (9) For purposes of separation or setback require- ments, any structure except those set forth in this Subsection IV that are enclosed or covered by construction on ay side (other than the primary building side) , shall be considered as part of the mobile home, manufactured home or building. (C) A statement from the owner of the mobile home park governed by paragraph (B) of this Subsection, acknowledged before a notary public, shall be provided to the Inspection Division indicating that such owner is fully knowledgeable that the mobile home park will be required to comply with paragraph (A) of this Subsection by September 1, 1997. Such statement shall be provided to any subsequent owner. Subsection V. Streets, Roadways and Lot Identification (A) Access roadways shall be provided to each lot. Street surfaces shall be constructed with a minimum of two-course penetration asphalt. (B) Streets and roadways shall be maintained free of obstruction and potholes and shall provide a minimum clear access width of twenty ( 20) feet. (C) Streets and lots shall be marked by clearly visible signs and numbers. Lot numbers shall be a minimum of two ( 2) inches in width and three ( 3) inches in height. Lot numbers may be placed upon the mobile home if located so as to be visible from each direction of street approach. 9 • Subsection VI . Electrical and Plumbing Installations (A) Installation and maintenance of electrical wiring and service equipment in the park shall be in accordance with the City Electrical Code except as follows: The installation of electrical service from the service disconnect to the mobile home shall not require a separate electrical permit other than the mobile home installation permit. A service disconnect of the proper amperage for each mobile home, travel trailer, or recreational vehicle must be furnished. (B) Installation and maintenance of plumbing service in the park shall be in accordance with the City Plumbing Code except as follows: The installation of plumbing service from the park supplied connections to the mobile home shall not require a separate plumbing permit other than the mobile home installation permit. Subsection VII. Mobile Home Installation Permit Required (A) No mobile home or manufactured home shall be installed in a mobile home park until a permit has been issued by the Building Inspection Division. (B) The mobile home owner shall make application to the Inspection Division for such permit. (C) All electrical installations in the park must be done by city licensed electrical contractors. Placement and tie down of the mobile home must be done by State licensed installers in accordance with the Rules and Regulations of the Texas Department of Labor and Standards. Plumbing installation from the park supplied connections to the mobile home may be done by the mobile home owner/occupant or by a licensed plumber. In any case the names of each person or licensee making the installation must be provided to the Inspection Division upon application for the Installation Permit. Inspections for electrical and plumbing installations must be called for by the person or licensee installing such service. (D) No electrical clearance will be given to a mobile home until the unit has been installed in accordance with the applicable requirements of this ordinance. (E) An inspection fee of twenty-five dollars ( $25.00) shall be charged for each mobile home installation permit. An inspection fee of fifteen dollars ( $15.00) may be charged for re- inspection of any rejected installation. • 10 (F) Temporary use travel trailers or recreational vehicles are not required to have an installation permit, however the installation must comply with the applicable requirements of this ordinance. Subsection VIII . Travel Trailers and Recreational Vehicles (A) Travel trailers, recreational vehicles, tent trailers, and other like vehicles shall be considered as temporary use dwellings only. No such temporary use vehicle shall be placed on a designated lot for a period exceeding 180 consecutive days. Subsection IX. Health, Fire and Sanitation (A) In addition to the requirements contained in this ordinance, the mobile home park and all lots contained therein shall be subject to all other applicable city codes and ordinances. (B) Unit installation, foundation, blocking and tie down requirements shall be consistent with the rules and regulations of the Manufactured Housing Division of the Texas Department of Labor and Standards. (C) Installations and use of Liquefied Petroleum Gas shall be consistent with the rules and regulations of the Liquefied Petroleum Gas Division of the Texas State Railroad Commission and the City Fire Prevention Code. (D) Construction of buildings or other structures in the mobile home park must conform to the Building Code and must be separately permitted by the Inspection Division. (E) Existing conditions not in strict compliance with this Code may be permitted to continue, if in the opinion of the Building & Code Administrator, these conditions do not constitute a distinct hazard to life or property, however any installation of a mobile or manufactured home, travel trailer, or recreational vehicle or any construction after the effective date of this ordinance must comply with the applicable provisions of this ordinance. Subsection X. Penalties for Violation (A) Any mobile home park operator or owner who fails to comply with a notice of violation from the Building Official or who operates a mobile home park without a license as required herein shall be in violation of this ordinance and upon conviction of such violation shall be punished by a fine not exceeding two hundred dollars ( $200.00) . Each violation or non-compliance shall constitute a separate offense and each day that the violation continues shall constitute a separate offense. 1 . 11 Subsection XI . Variances and Administrative Appeals. (A) Whenever the owner or operator of a mobile home park disagrees with the interpretation of the Building and Code Administrator or is unable to m eet the requirements is of this ordinance owing to conditions peculiar to the property and not the result of actions of the applicant or where a literal enforcement of this ordinance would result in unnecessary or undue hardship, an appeal or request for variance may be submitted to the Building Board of Adjustments and Appeals. (B) The application for variance or appeal shall be reviewed and evaluated using the following criteria: ( 1) The granting of the variance or appeal will not be contrary to the public interest. ( 2) Special conditions exist, other than financial hardship alone, whereby a literal enforcement of the terms of this Ordinance will result in unnecessary hardship to the owner of the land. ( 3) The granting of the variance or appeal is consistent with the intent of this Ordinance, is in harmony herewith, and will not be injurious to the neighborhood or other wise detrimental to the public health, safety and welfare. SECTION 9 . Any land area added to a nonconforming mobile home park shall conform to all requirements of Chapter 30. PASSED AND APPROVED THIS THE 1 •a of Septembe • , 1987 . 1 / V MAYOR ATTEST: CITY CLE Ad 227863 ORDINANCE NO.78-87 f i i i d a y - of Publication ORDINANCE WAIVING THE PENALTY AND INTEREST PROVISIONS OF ORDINANCES THE STATE OF TEXAS 48-83 FOR DELIQUENT TAXES DUE TO CITY ON TAX COUNTY OF WICHITA AC- COUNT NUMBER 0386-012-0000 ORDINANCE NO.79-87 {rata ORDINANCE WAIVING THE e) PENALTY AND INTEREST PROVISIONS OF ORDINANCE On this 18th day of September 48-83 FOR DELIQUENT TAXES DUE TO CITY ON TAX AC- COUNT NUMBER 1130-019-000 ORDINANCE NO.80-87 A.D.. •19 7 personally appeared before me, the undersigned authority ORDINANCE WAIVING SEC- TIONS 22-1(1) 5, 6, 8 AND 8, Darice Ming SECTION 22-3 OF THE g bookkeeper CODE OF ORDINANCES TO ALLOW THE VEHICLES ON PARK PR ING OF EH K for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls ROADS, THE SALE OF GOODS, AND THE POSTING OF Times/Record News, a newspaper published at Wichita Falls in Wichita County, ADVERTISING DEVICES IN JAYCEE PARK ON SEPTEMBER Texas, and upon being duly sworn by me, on oath states that the attached 12 AND 13, 1987.FOR THE 5TH ANNUAL MUSCULAR DYS- advertisement is a true and correct copy of advertising published TROPHY ASSOCIATION FUN FLY, AND EMERGENCY DECLARING AN in one ( 1 ) issues thereof on the following dates: ORDINANCE NO.81-87 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF September 1 8 , 1987 ORDINANCES OF THE CITY OF WICHITA FALLS ESTABLISHING MINIMUM REQUIREMENT FOR NEW MOBILE HOME PARKS AND ESTABLISHING MINIMUM RE- QUIREMENTS FOR EXISTING MOBILE HOME PARKS Bookkeeper for Times Publishing Cornpcny ORDINANCE NO.82-87 AN ORDINANCE AMENDING of Wichita Falls CHAPTER 18, SECTION 48 OF THE CODE OF ORDINANCES TO PROVIDE FOR AN INCREASE IN THE ADMINISTRATIVE FEES t ) Subscribed and sworn to before me this the day and year first above written. ORDINANCE NO.88-87 ORDINANCE AMENDING ORDI- NANCE 3305 TO RAISE THE FRANCHISE FEE FOR VISTA CABLEVISION, INC., FROM 3% � (� ly4d�1 S _x 5% OF GROSS ANNUAL ANNUAL REV- LE LEWIS ENUES `uhl c, Texas ORDINANCE NO.83-87 r— ORDINANCE ADDING SECTION ission Expires 12-11 TO THE CODE OF ORDI- NANCES TO PROVIDE ASSESSMENT OF ADMINIS- TRATIVE FEE FOR PERSONS TAK- ING A DRIVING SAFETY COURSE TO DISMISS A TRAFFIC CITATION ORDINANCE NO.84-87 ORDINANCE AMENDING SEC- TION SECTION 32-121 OF THE CODE OF ORDINANCES TO PROVIDE FOR AN INCRESE IN INDUSTRIAL WASTE FEES ORDINANCE NQ.85-87 AN ORDINANCE ESTABLISHING A DEVELOPMENT FEE SCHEDULE AND REPEALING ALL FEES IN CONFLICT HEREWITH ORDINANCE NO,86-87 AN ORDINANCE TO ESTABLISH ADMINISTRATIVE,FEES TO BE CHARGED FOR AIDS SCREEN- ING SERVICES AND PROVIDING THAT SERVICE WILL NOT BE RE- FUSED TO ANYONE BECAUSE OF INABILITY TO PAY ORDINANCE NO.87-87 ORDINANCE AMENDING SEC- TION 24-22 OF THE CODE OF ORDINANCES AND ORDINANCE NO. 17-85, TO INCREASE THE FEE FOR POLICE REPORTS AND THE STORAGE FEE FOR MOTOR VEHICLES IN THE CITY IM- POUND AREA