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Ord 2554 11/18/1969 • a ORDINANCE NO. .0;5� AN ORDINANCE AMENDING SECTIONS 30-1 THROUGH AND INCLUDING SECTION 30-16 OF CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS , TEXAS , PROVIDING FOR AND REGULATING THE PARKING AND LOCATIONS OF TRAILERS AND/OR MOBILE HOMES AND REGULATING THE LICENSING, LOCATION, ERECTION, MAINTENANCE AND CONDUCT OF TRAILER PARKS AND/OR MOBILE HOME PARKS AND PROVIDING A PENALTY IN VIOLATION THEREOF AND DECLARING AN EMERGENCY. SECTION 1. Sections 30-1 through and including Sec- tion 30-16 of Chapter 30 of the Code of Ordinances of the City of Wichita Falls, Texas is hereby amended so that it shall read as follows: Section 30-1 Definitions. For the purpose of this chapter the following terms or words shall have the meaning herein as- cribed to them, unless a different meaning appears from the context: (a) Mobile home: Any vehicle or structure so designed and constructed to permit occupancy thereof as sleeping and for living quarters for one or more persons or the conduct of any business or profession, occupation or trade (or use as a selling or advertising device) , and so designed that it is or may be mounted on wheels and used as a convey- ance on highways or city streets, propelled or drawn by its own or other motive power, excepting a device used exclusively upon stationary rails or tracks . Mobile home may include one or more units which may be telescoped or joined into one (1) unit. (b) Dependent mobile home: A mobile home which does not have a flush toilet and a bath or shower. (c) Mobile home park: A platted tract of land under one (1) ownership, of at least four (4) acres, and licensed as a mobile home park as required in Section 30-3 of this chapter. (d) Mobile home space: A plot of ground within a mobile home park designated for the ac- commodation of one (1) mobile home. Section 30-2 Location of Mobile Homes Outside of Mobile Home Parks. (a) No person shall park or occupy any mobile home outside an approved mobile home park; except, the parking of only one (1) mobile - 2 - home behind the building setback lines of a platted lot is permitted providing no living quarters shall be maintained in such mobile home while such mobile home is so parked or stored. A mobile home may be occupied for business or residential use outside a licensed mobile home park when its wheels are removed and when mounted upon a permanent type foundation and as such shall conform to all applicable re- quirements of the building, electrical and plumbing codes and all other applicable codes and ordinances of the City. Mobile homes used as field offices during construc- tion or mobile homes displayed for sale on mobile home sales lots and mobile home manu- facturing plants are permitted. (b) Emergency or temporary stopping or parking is permitted on any street, alley or high- way for not longer than eight (8) hours subject to any other and further prohibitions , regulations or limitations imposed by the traffic and parking regulations or ordinances for that street, alley or highway. Section 30-3 License required for Mobile Home Park --Application and Issuance. (a) It shall be unlawful for any person to es- tablish, operate or maintain or permit to be established, operated or maintained upon any property owned or controlled by him, a mobile home park within the limits of the City without having first secured a license from the Building Inspector, granted and existing in compliance with the terms of this chapter. Such license shall expire on December 31st of the year in which it is issued. Application for renewal of permits shall be made within thirty (30) days prior to expiration and a renewal fee shall be paid for a full twelve (12) month period. (b) The application for such license or the re- newal thereof shall be filed with the Build- ing Inspector and shall be accompanied by a fee of fifty dollars ($50 .00) for the first twenty (20) mobile home spaces or fraction thereof and two dollars and fifty cents ($2 . 50) for each additional mobile home space in the existing or proposed park. The cost of any permit secured having less than ten (10) months to run before the expiration date, as herein provided, shall be prorated. The application for a license or a renewal thereof shall be made on forms furnished by the Building Inspector and shall include • - 3 - I the name and address of the owner in fee of the tract (if the fee is vested in some person other than the applicant and is authorized by him to construct or maintain the mobile home park and make the applica- tion) and such legal description of the premises upon which the mobile home park is or will be located as will readily iden- tify and definitely locate the premises . (c) No license may be issued for a mobile home park unless the plans for such a park have been approved according to the requirements of this chapter. (d) No license may be issued for a mobile home park unless all taxes on the park have been paid. Section 30-4 Mobile Home Park Standards. Two (2) "types" of parks are allowed: Type A and Type B. The following standards shall apply to both types unless otherwise stated; however, stand- ards specified by "type" may only be used in a park designated for that standard. (a) Site area - 4 acre minimum (b) Density - 8. 5 units/gross acre maximum (c) Setbacks "Type A" Park "Type B" Park Front: Three foot (3 ' ) minimum Ten feet (10 ' ) from back from street ROW line, of curb, measured to out- measured from outside side wall. wall to the ROW. Side: Fifteen feet (15 ' ) be- Fifteen feet (15 ' ) be- tween units . tween units . Rear: Ten foot (10 ' ) minimum, Ten foot (10 ' ) minimum, measured from an outside measured from an outside wall to the rear lot line. wall to the rear lot line. From Service Buildings : Fifteen foot (15 ' ) mini- Fifteen foot (15 ' ) mini- mum. mum. From Exterior Public Streets: Twenty-five foot (25 ' ) Twenty-five foot (25 ' ) minimum. minimum. (d) Interior Streets aft - 4 - "Type A" Park "Type B" Park Street Width: Thirty foot (30 ' ) mini- Thirty foot (30 ' ) mini- mum. mum. Street Paving: Standard residential Hard-surface, equivalent street requirements. to 2-coarse penetration pavement with curb and gutter. Street ROW: Fifty foot (50 ' ) mini- None (private) . mum (public) . Street Mainte- nance: By City. By Owner. Street Name: Accepted by dedication. Not accepted by City. (e) Off-Street Parking Required Two (2) paved off-street parking spaces shall be provided for each designated lot, and shall meet the following requirements : Curb Length Minimum Bay Parking Angle Per Car Depth 90° 9' 19 ' 60° 10.4' 21' 45° 12 .7 ' 20 ' (f) The interior street system shall connect to a dedicated exterior public street. (g) Sidewalks Required "Type A" Park "Type B" Park Six foot (6' ) wide abut- Four foot (4' ) wide mini- ting curb or four foot mum. Sidewalk may abut (4' ) wide and one foot the curb. (1' ) from the property line within the street right of way. Off-street parking or fences shall not ob- struct sidewalks . (h) Utilities Utility line locations and methods of . metering must be approved by appropriate utility departments or companies. 1. Water supply -- An approved public water supply for domestic use and fire protec- tion purposes shall be supplied to meet the requirements of the mobile home park. - 5 - 2 . Sewage disposal -- Waste from all toilets, lavatories and showers in mobile home parks shall be discharged into a public sewer or into a private disposal system approved by the Director of Public Utili- ties . All plumbing shall comply with applicable plumbing codes . 3. Electric service -- The electrical dis- tribution system shall comply with ap- plicable electrical codes. Individual electric meters may be used; however, a fire clearance inspection must be made by the Building Inspection Depart- ment before power connections are re- sumed after power has been disconnected to remove a mobile home. (i) No dependent mobile home shall be allowed in a licensed mobile home park within the city limits of Wichita Falls, unless sepa- rate shower and toilet facilities for men and women are available and are within two hundred feet (200 ' ) of any such depen- dent mobile home. (j) Solid Waste Disposal "Type A" Park "Type B" Park Individual Pickup Fixed containers on re- inforced concrete slabs approved by the Public Works Department. (k) No building permits will be issued to in- crease the floor area of a mobile home with- in a mobile home park; except however, an additional mobile room may be added if the finish and appearance are the same as the mobile home and the construction is equal to or better than that in the mobile home. (1) Fire protection -- Each mobile home must be within five hundred feet (500 ' ) of a fire plug. Section 30-5 Mobile Home Park Plans . The following plans must be submitted and approved by the Planning Board prior to issuance of a mobile home park license. (a) A site plan showing the following: 1. Name, address, fee owner and record owner of mobile home park - 6 - 2 . Name of subdivision where the park is located 3. Names of adjacent public streets and roads 4. Contour lines at two foot (2 ' ) inter- vals 5. Locations and dimensions of all mobile home spaces, utility easements, drives, recreation areas, streets and sidewalks 6. Building setback lines from public streets and adjacent property 7 . Scale of plan (no smaller than 1" = 200 ' ) and complete dimensions 8. Number each individual mobile home space 9. Density in units per gross acre 10. Area of site 11. Areas defined for fixed waste containers , if required 12 . Location of shower and toilet facilities, if required 13. "Type" of park design (b) Water and Sewer Plans Water and sewer plans must be submitted showing the following: 1. Sewer line locations, grades and sizes 2 . Water line locations and sizes (c) Paving and Drainage Plans Paving and drainage plans must show the directions and calculated quantities of runoff. For Type A parks, permits must be obtained for street and drainage construc- tion and grade will be set by the Engineer- ing Department. Drainage improvements must be sufficient to restrict drainage flow to gutter depth. Section 30-6 Submission of Mobile Home Park Plans . Nine (9) copies plus one (1) sepia of the site plan must be submitted to the City Planner at least nine (9) days prior to a regular Planning Board Meeting. - 7 - Section 30-7 Final Approval and Submittal of Mobile Home Park Plans . (a) After approval by the Planning Board, two (2) copies of the approved site plan and one (1) copy of all approved construction and utility plans showing all required changes shall be submitted to the Planning Department. Both copies of the site plan shall be signed by the Chairman of the Planning Board, the Secretary of the Plan- ning Board and the Director of Public Works . (b) All covenants and easement dedications must be recorded by the County Clerk before final approval of the mobile home park plans . (c) One (1) copy of all plans shall be filed with the Building Inspection Department and one (1) copy of the site in the Planning Department. (d) The Building Inspection Department may issue a license after final approval; however, no mobile home may be placed on an individual mobile home space which does not front on a paved street or have all improvements com- pleted for that mobile home space as required by this chapter. Section 30-8 Office and Register Required. Every mobile home park shall have an office in which a copy of the park permit shall be posted and the park register shall be in such office. It shall be the duty of the licensee to keep a register of park occupancy which shall contain the following in- formation: (a) Name, address and indication if the head of the family occupying the mobile home is in the military (b) The make, model, serial number, year and di- mensions of all mobile homes (c) The date of arrival and departure of each mobile home The park operator shall submit the park register to the Building Inspection Department each year upon requesting license renewal. Upon gaining knowledge of an intended departure of any mobile home, the park operator shall notify the City Tax Assessor on the nearest scheduled working day of the departure. Failure to do so shall place the operator in viola- tion of this Chapter. • - 8 - Section 30-9 Revocation and Suspension. It shall be the responsibility of the licensee to insure that all requirements of this Chapter are met and maintained. Any mobile home park issued an initial license after adoption of this Chapter that is found to be in violation of any provision of this Chapter shall be notified in writing by the Building Inspector to cease such violation within thirty (30) days of notification. If after thirty (30) days the violation has not ceased the Building Inspector 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 per- mits may be issued to the mobile home park until said violation ceases . Section 30-10 Nonconforming Mobile Homes and Mobile Home Parks. (a) Any mobile home legally parked, used or oc- cupied outside a mobile home park as speci- fied in Section 30-2 hereof on January 1, 1970, shall be considered a nonconforming mobile home. A nonconforming mobile home which is moved from its location after pas- sage of this Chapter shall be required to conform to all regulations of this Chapter. Any lot vacated by a nonconforming mobile home may not be reoccupied by mobile homes in violation of this Chapter. (b) Any mobile home park in use and/or existence on January 1, 1970, and not complying with all applicable provisions of this Chapter shall be considered a nonconforming mobile home park. Such nonconforming mobile home park shall conform to the requirements of Chapter 30 as it existed prior to January 1, 1970 as a condition of annual license renew- als . Nonconforming parks shall, however, comply with the requirement of Section 30-8 of this Chapter. (c) Any land area added to a nonconforming mobile home park shall conform to all re- quirements of this Chapter. Section 30-11 Duties of Building Inspector and Health Officer Under Chapter Generally. It is hereby made the duty of the Building In- spector and City Health Officer to enforce all pro- visions of this Chapter as prescribed herein or such provisions as may hereafter be enacted, and for the purpose of securing such enforcement, the Building Inspector and City Health Officer, or their duly authorized representatives, shall have the right and - 9 - are hereby empowered to enter any premises on which any mobile homes are located, or are about to be lo- cated, and inspect the same and all accommodations connected therewith at any reasonable time. Section 30-12 Variance Clause. Whenever the requirements of this ordinance are at variance with the requirements of any other law- fully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive of the higher standard shall govern. Section 30-13 Penalties. That any person who shall violate any provision of this ordinance and/or any person continuing to operate a mobile home park under an expired or re- voked license shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed two hundred dollars ($200.00) and each of- fense shall be deemed to be a separate violation and punishable as a separate offense. Each day for which the violation continues shall constitute a separate offense. Section 30-14 Severability and Conflict. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any rea- son held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate and distinct independent division and such holding shall not affect the validity of the remaining portions thereof. Section 30-15 Repealing Clause. Any ordinance or portion of an ordinance in conflict herewith is hereby repealed. SECTION 2 . The fact that the existing rules and regu- lations governing trailers and/or mobile homes and trailer parks and/or mobile home parks are inadequate and effective rules are needed for the preservation of the public health, safety and welfare of the City of Wichita Falls and its citi- zens creates an emergency that requires that this ordinance become effective January 1, 1970 . PASSED AND APPROVED this the ZrUeolay of 1969. M A Y O R• ATTEST: "fir 4 '.r.1 CITY CLERK • � r • APPROVED BY PLANNING BOARD OCTOBER 22, 1969 • Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA (Poste Clipping Here) ORDINANCE No. 4554 On U is , First day of December ORDINANCE NO.1554 AN,ORDINANCE AMENDING'SECTIONS 30-1 THROUGH AND INCLUDING SEC- TION 30-16 OF CHAPTER 30 OF THE CO A.D. 1969 personally appeared a ared before me, the undersigned authority CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, PROVID- ING FOR AND REGULATING THE PARKING AND LOCATIONS 0 F Katherine Parrish , bookkeeper TRAILERS AND-OAR MOBILE HOMES AND REGULATING THE LICENSING, LOCATION, ERECTION,MAINTENANCE AND CONDUCT 0,F TRAILER PARKS AND-OR MOBILE HOME PARKS AND for the Times Publishin g Company p Com an of Wichita Falls, publishers of the • PROVIDING A PENALTY IN VIOLA- TION EMERGENCY. AND DECLARING AN Wichita Falls Record News, a newspaper published at Wichita Falls in EMERGENCY. Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached,advertisement is a true and correct copy of advertising published in__ On ( 1 ) issues thereof on the following dates: November 26, 1969 • Bookkeeper for Times Publishing Company of Wichita Falls Subscribed and sworn to before me this the day and year first above (SEAL) written. •