2003-165S:\Our Documents\Ordinances\03\SI03-0002.doc
ORDINANCE NO. ~-~t967J-/~ ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDlNG PORTIONS OF
SUBCHAPTER 9 (MANUFACTURED HOMES) OF THE DENTON DEVELOPMENT CODE,
PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SI03-0002)
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting a public hearing as required by law
on April 23, 2003, the Planning and Zoning Commission recommended approval of certain changes
to Subchapter 9; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the subject changes to the Development Code are consistent with the
Comprehensive Plan and are in the public interest; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS:
SECTION 1. Subchapter 9 of the Development Code is hereby amended in part as
particularly described in Exhibit "A" attached hereto and made part hereof by reference. All other
provisions of subchapter 9 not inconsistent with the amendment shall remain in full force and effect.
SECTION 2. Anyperson violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 3. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not effect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such
remaining portions despite any such invalidity.
SECTION 4. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~fl~day of (~Oe/,~ ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
PAGE 2
Exhibit A
Subchapter 9 - Manufactured Homes
Sections:
35.9.1 Definitions
35.9.2 General
35.9.3 Inspections
35.9.4 Permit Required
35.9.5 License Required.
35.9.6 Technical Requirements.
35.9.7 Fire Safety.
35.9.g ?,fanagcrx:::t and Rc3iHan:' Rr:pan!;ibilit7.
35. 9.1 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Agent. Any person authorized by the licensee of a manufactured home park or recreational vehicle park to
operate or maintain such park.
Common Access Route. A private way which affords principal means of access to individual manufactured
home stands or auxiliary buildings.
Driveway. A minor entranceway off the common access route within the park into an off street parking area
serving one (1) or more mobile homes.
Electrical Connection. The connection consisting of all wiring, fittings and appurtenances from the
disconnect box to the distribution system within a manufactured home or recreational vehicle.
Front. That part of the manufactured home space which abuts the common access or private drive, if double.
The owner shall elect which one is the front, and such an election shall be stated and shown on the final plat.
HUD-Code Manufactured Home. A structure constructed on or after June 15, 1976, according to the roles
of the United States Denartment of Housing, and Urban Develonmen ................. ~-~-: ..... ~ ~ ~ az m~z: acc'.an:, wk!ch,
::ac3 aa a d',;'cl!i::g, ',-;'it!: c'z ':.Sth:m,~ a p'erm:ncat fa'cn~Intkx: '::h',:n 'ca::acctc3 x: th'c :'c:[u['z',zd :::!!hi'c'a, 'and iaclmtes die
Internal Street. The same as common access route.
License. A xvritten hcense issued by the Building Official permitting a person to operate and maintain a
manufactured home park or recreational vehicle park under the provisions of this chapter.
Licensee. A person licensed to operate and maintain a manufactured home park or recreational vehicle park
under the provisions of this chapter.
Manufactured Housing or Manufactured Home. A HUD-code manufactured home~ ar a
Mobile Home. A structure that was constructed before June 15, 1976, transportable in one (1) or more
sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length
or, when erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis
and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities
and includes the plumbing, heating, ak conditioning and electrical systems.
Manufactured Home Lot. A parcel or tract of land for the placement ora single manufactured home and the
exclusive use of its occupants and which is located in a mobile home subdivision approved by the planning and zoning
commission of the City.
Subchapter 9
Development Code
Manufactured Home Park. A unified development of manufactured home spaces or stands arranged on a
tract of land under private ownership meeting all requirements of this chapter.
Manufactured Home Subdivision. A unified development of manufactured home sites or lots which have
been divided for the purpose of individual ownership ,and which is governed by the provisions of the subdivision
regalations of the City.
Natural or Artificial Barrier. Any creek, ravine, pond, railroad, fence, hedge or similar physical separation
which prohibits a direct view from outside the mobile home park.
Park Occupant. One who occupies a manufactured home or recreational vehide within a licensed park.
Permit. A written permit or certification issued by the Building Official permitting the construction, alteration
or extension of a mobile home park or recreational vehicle park under the provisions of this chapter and regulations
issued under this chapter.
Playground. A tract or parcel of land one (1) to four (4) acres in size whiclx is reserved and designed primarily
for a children's play area and equipped with conventional playground facilities such as swings, slides, etc., in addition to
larger facilities such as ballfields or adult recreation areas.
Plot Plan. A graphic representation, drawn to scale, in a horizontal plane, delineating the outlines of the land
included in the plan and all proposed use locations, accurately dimensioned, and indicating the relation of each use to
that adjoining and to the boundary of the property.
Recreational Vehicle. A vehicular, portable structure built on a chassis, designed to be used as a temporary
dwelling, self-propelled or to be towed behind a motor vehicle, without special permit being needed, of a gross weight of
not more than fora thousand five hundred (4,500) pounds and having an overall length of not more than twenty-eight
(28) feet.
Recreational Vehicle Park. A development under private ownership designed primarily for transient service
on which recreational vehicles, pickup coaches and self-propelled motorized vehicles are parked or situated and used for
the purpose of supplying to the public a parking space for such vehicles meeting all the requirements of this chapter.
Recreational Vehicle Stand. A parcel or area of land for the placement of a single recreational vehicle and
the exclusive use of its occupants and which is located in a recreational vehicle park approved by the planning and
zouing commission of the City.
Register. A well-bound book, kept legibly, covering all pertinent information required by this chapter.
Replacement. The act of moving one (1) manufactured home from its existing stand and replacing it with
another manufactured home.
Screening Device. A solid masonry or wooden wall or fence, a woven wire or cbainlink fence with metal
strips woven through the mesh to form a solid screen, a woven wh:e or chainlink fence with evergreen shrubs forming a
sight screen.
Sen, ice building. A structure housing toilet, lavatory and such other facilities as may be required by this
chapter.
Sewer Connection. The connection consisting of all pipes, fittings and appurtenances from the drain outlet
of a manufactured home or recreational vehicle to the inlet of the corresponding sewer service riser pipe of the sewage
system sen4ng the manufactured home park or recreational vehicle park.
Sewer Service Riser Pipe. That portion of a sewer service which extends vertically to the ground elevation
and terminates at a manufactured home or recreational vehicle stall.
Site. The same as stand, unless otherwise stated in the section.
Site Plan. The same as plot plan.
Stall. That lhnited pordon of the manufactured home stand which has been readied for the placement and use
of a manufactured home in accordance with this chapter.
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Stand. An area within the park which has been improved for a single manufactured home or recreational
vehicle as provided in this chapter.
Water Connection. The connection consisting of all pipes, fittings and appurtenances fi:om the water riser
pipe to the water inlet pipe of the distribution system within a manufactured home or recreational vehicle.
Water Riser Pipe. That portion of the private water service system serving a manufactured home or
recreational vehicle park, which extends vertically to the ground elevation and terminates at a designated point at a
manufactured home or recreational vehicle space.
35.9,2. General,
The adoption of these regulations ~ convey to all existing Manufactured Home Parks a Specific Use
Permit, thereby making them legal, conforming uses under this Chapter.
· "~-";'~ Si:
Chr. Ftcr~May expansion of an exisfin~ Manufactured Home Parks Specific Use Permit will require a new
Specific Use Permit trader fltis Chapter unless the expansion of the exisina~ Manuhctured Home Park
occurs on an adioiding tract of land under common ownership as of the effective date of this Code. The
expansion of the existhxg Manufactured Home Park shall comply with the technical st¢,n&~rds of this
subchapter.
35,9.3. Inspections.
....... ~ .............................................. hereby authorized and directed to make such inspections as are
necessary to determine compliance with this Subchapter as Ihey relate to site improvcmems.
35.9.3.1. Entry on premises.
The Building Official, the Fire Chief, the Fire IMarshal, the Police Chief, the City Engineer, the Assistant City
Manager of Utilities and the Tax Assessor or other City official shall have die power to enter at reasonable
times upon any private or public property for the purpose of inspecting and investigating conditions relating to
the enforcement of this chapter and for the maintenance of the utilities.
35.9.3.2. Inspection of register.
The Building Offidal, the Fire Chief, the Fire Marshal, the Police Chief and the tax assessor-collectur shall have
the power and authority in discharg/ng their official duties to inspect the xegister contain/rig a record of all
residents of the manufactuxed home .~;r r~::z::atk;a::~ ;'dtz!c park.
A. 'llm licensee or his agent sh:dl malnt~tin a register of park occupancy wliich shM1 conttfin the followh~l~
information:
1. Name and stand number of all park rcsidentsi
2. Mohile home registration data, including make, length, width, year of manul;,mture :md identification
humbert
3. Dates of arrivM and departure of cach mobile home;
4. Name and address of business or individual who installed each mobile home or recreational vehicle;
A new repister shall be inifiared on Jammry 1 of each ?ear. and the old re~ister may thereafter be relired
but. hail be retained on tlie premises for at least ti~ree (_~} },ears tk)lloMnp its retirement. 1/_egisters sball
available for inspection at all reasonable dines by any official of the ti;in, xvhose duties may necessitate
access to die inff~nnation contained dicrein.
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Development Code
35.9.3.4t. Violations - Notice of suspension of license.
Whenever, upon inspection of any manufactured home or recreational vehicle park, the Building Official finds
that conditions or practices exist which are in violation of any provision of this ~;_hapter, he shall give notice in
writing in accordance with section 35.9.332 7 to the licensee that, unless such conditions or practices are
corrected within a reasonable period of time specified in such notice, the license shall be suspended. At the end
of such period of time, the Building Official shall re-inspect such park, requesting assistance from other City
departments as may be required, and if such conditions or practices have not been corrected he ma~akaE
in:ma:Et:iaiF suspend the license and give notice in writing of such suspension to the licensee. Upon receipt of
notice of such suspension, the licensee shall cease operation of such park, except as provided in section
35.9.332 S.
35.9.3.25. Violation - Requirements of notice.
Whenever it is determined that there are grounds to believe that there has been a violation of any provision of
this e(_;hapter, the Building Official shall give notice of such ,alleged violation to the licensee or agent. Such
notice shall:
A. Be in writing;
B. Include a statement of the reasons for its issuance;
C. Allow a reasonable time for the performance of the act it requires;
D. Be served upon the licensee or his agent, provided that such notice or order shall be deemed to have been
properly se~ed upon such licensee or his agent xvhen a copy thereof has been sent by mail to his last
known address or when he has been served with such notice by any method authorized or required by die
laws of this state; and
E. Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this
chapter.
35.9.3.3_6. Violation - Appeal from notice issued by the Building Official.
Any person affected by any notice which has been issued hi connection with the enforcement of any provision
of this Subchapter by the Building Official may request and shall be granted a hearing on the matter before the
Construction :\dvisorv ..... and AT)Deals Boardboard cf x~juata;c:;:', provided that the ao~ea[ be tfleth
:;k. al! ~li: within ten (10) days after the date the notice was served., in ~'" ..c~:......c ~u. r':,. e ............... a ':.'fittca
request for a heating shall operate as a stay of the notice and of the n ' ~ * ..........
35.9.4 Permit
35.9.4.1. Required.
It shall be unlawful for any person to construct, alter or extend any manufactured home park or recreational
vehicle park within the limits of the City unless he holds a valid permit issued by the Building Official in the
name of such person for the specific construction, alteration or extension proposed.
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35.9.4.2_4.
^.
Fees.
Building permit. Each application to the Building Official for a permit required under this article shall be
accompanied by a fee of one hundred dollars ($100.00) for up to the first ten (10) stands and two dollars
($2.00) per stand thereafter.
Plumbing permit. The phunbthg pemUt fee shall be txvo dollars ($2.00) per stand.
Electrical permit. The electrical permit fee shall be two dollars ($2.00) per stand.
35.9.5
License
35.9.5.1 License Required.
It shall be unlawful for any person to operate any manufactured home or recreational vehicle park within the
limits of the City unless he holds a valid license issued for the current year by the Building Official in the name
of such person for the specific park. All apphcations for licenses shall be made in writing on forms furnished
by the Building Official, who shall issue a license.
35.9.5.2. Application for License.
A. Application for a license required under this article shall be in writing and contain:
1. The name, address and phone number of the applicant;
2. The name, address and phone number of the manager;
3. The name and address of the park;
B. I~menses issued shall not be transferred. A new license will be issued to any new owner upon application.
35.9.5.3. Fee.
Each original application or renewal for the license required under t}fis Subchapter~rtic!~: shall be accompanied
by a fee as determined by the City Council and ,c~: ~q]c ~:: t~c ~.ffica :;f t~a C~t7 ~'ccrcta~,, plus an additional fee
for each manufactured home stand or travel trailer stand in the manufactured home or recreational vehicle
park. All renewal fees shall be due on October 1 of each year.
35.9.6. Technical Standards.
35.9.6.1, General Requirements.
Any development, redevelopment, alteration or expansion of a manufactured home park or recreational vehicle
park within the City limits shall be done in compliance with the following requirements:
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Subchapter 9
Development Code
A. Location. A manufactured home or recreational vehicle park shall be located only in designated zoning
areas and with a specific use permit for that purpose, ' ' ' ' . ........ .:a...~ ~_ ~ .:_c._ ..~ :_
as indicated m Subchapte~ 5~ ................... ~
B. Basic minimum requkements.
1. Area requirements. There is no mimmum area which may be developed or used for manufactured
home park purposes.
2. Stand requkements. Each stand shill provide a minimum area of five thousand (5,000) square feet;
however, no such stand shall be less than forty (40) feet in width nor less than one hundred (100) feet
in depth.
3. Screening. There shall be constructed and maintained a permanent screening device not less than six
(6) feet in height on all sides of the park, except where natuxal barriers exist to form all or part of such
a screen or where roadways exist to create a traffic hazard.
C. Open space requirements.
~$¢,l. The minimm front yard setback shall be fifteen (15) feet from the nearest comer of the
manufactured home or recreational vehicle to the front line of the stand.
,~2. No manufactured home or travel trailer shall be closer than fifteen (15) feet to any adjoining public
right-of-way.
t~..3. For other structures, the mmLmum front yard setback shall be at least fifteen (15) feet.
Gh4. The minimum distance between manufacture homes and recreational vehicles shall be twenty (20) feet
on the side and sixteen (16) feet on the front and rear.
_~.D. Manufactured home stalls. The area of the manufactured home stall shall be concrete to provide adequate
support for the placement of the mobile home.
t4-J~.Parking. Evei3r manufactured home stand shall have two (2) off-street parking spaces; recreational vehicle
stands shall have one (1).
35.9.6.2.
A.
Access and Traffic Circulation.
Generally. Internal streets in manufactured home parks or recreational vehicle parks shall be privately
owned, built and maintained and shall be designed for safe and convenient access to all stands and parking
spaces and to facilities for common use of park residents.
Internal streets or common access routes.
(&.An internal street or common access route shall be provided to each stand. All internal streets or
common access routes shall be a minimum of thirty fvx::' (304) feet in width from back of curb to back of
curb. The internal streets shall be continuous and connect with either outer streets in the park, public
streets or, in the alternative, shall be provided with a cul-de-sac having a rain/mum radius of forty (40) feet.
All other streets shall have a minimum radius at intersections of thirty (30) feet. No internal street ending
in a cul-de-sac shall exceed one thousand (1,000) feet in length.
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Development Code
~2=C.All streets shall be constructed of at least two (2) inches of asphalt, six (6) inches of lime subgrade and
with standard or surmountable curbs. Alternative materials for street construction may be approved by the
City Engineer as long as the alternative exceeds the standards in this section.
kD. Surfacing, location of off-street parking. Off-street parking for at least two (2) vehicles per stand shall
be concrete, and all other parking areas shall be constructed of all-weather materials and located to
eliminate interference with access to parking areas provided for other mobile homes, recreational vehicles
and for public parldng within the park.
~:~P:. Minimum parking area for vehicle storage. A mira. mum parking area of one hundred sixty (160) square feet
per manufactured home space shall be provided for storage of boats or vehicles in excess of two (2) per
manufactured home unit to minimize on-street parking and to facilitate the movement of emergency
vehicles into and thrnugh the park.
G~F.Maintenance of internal streets. Internal streets shall be maintained free of excessive cracks, I/~holes and
other hazards at the expense of the hcensee. Inspection of the streets shall occur at least yearly in
conjunction with other City inspections of the manufactured home park ur recreational vehicle park. The
inspections shall be made by the City Engineer and shall cover fl~e hazards listed in fids subsection.
~X.]. Numbering, naming of streets. All streets within each park shall be numbered or named in an
approved manner.
bH. Intersecting of interior streets adjoining public streets. Interior streets shall intersect adjoining public
streets at ninety (90) degrees and at locations which will eliminate or minimize interference with the traffic
on those public streets. Design of the interior streets shall be approved by the traffic engineer with respect
to horizontal and vertical alignment, access points to City streets, parking locations and internal access for
emergency vehicles.
SI. Posting of signs. At each entrance to the park, an eighteen-inch by twenty-four-inch sign should be posted,
stating: "Private Drive, No Thru Traffic." The hcensee may also post a speed lkult sign on this same post.
35.9.6.3. Installation of Utility Linest=!ephcne
All ufility~!vi:!:.~::c lines m:'.::~x:g
manufactured home parks or recreational vehicle parks.
35.9.6.4.
A.
Recreation area.
All manufactured home parks or recreational vehicle parks shall have at least one (1) recreation area,
located as to be free of traffic hazards, easily accessible to ali park residents and centrally located where
topography permits.
B. Extent. Recreation areas and facilities, such as playgrounds, sxvimmmg pools and community buildings,
shall be provided xvhich will meet the anticipated needs of the clientele the park is designed to serve.
C. Size. Not less than eight (8) percent of the gross park area shall be devoted to recreational facilities,
generally in a central location. In large parks this may be decentralized. Recreation areas include space for
community buildings and commumty use facilities such as adult recreation and child play areas and
swmammg pools, but not includin~ vehicle parking, commercial, maintenance and utilities areas.
D. Playground location. When playground space is provided, it shall be so designated and shall be protected
from traffic, thoroughfares and parking areas. S'~:z.
35.9.6.5.
A.
B.
Water Supply.
Connection shall be made to the public supply of water in accordance with Subchapter 215 cf t!:~: Cc-a=
Water distribution system.
Page 7
Subchapter 9
Development Code
All water piping, fLxmres and other equipment shall be constructed and maintained in accordance with
state and City regulations and requirements.
tc~2. A ma::tc': :'~:ctc: -M!! kc Flaccd ::t tko Fzc. pcz:7 Eno t:: :;c:-.~c .... ~J.-.., c. zl ilndividual water meters
s ~all~ig bep_rovided for each manufactured home uni-**.o....~a ....... ~c ;-.~;.~.~_...~. watcz mctcrc azc ::gad, tScn
!:ackfi:;;v i:zrvcntcz v,'/~ !;c rcquircd ~" t.~ ..~......~ at ~u ................ u ......... ~.. ~ ........ s~
....................... v..q...t2 ........................ . .......................... , n..._.. Cky k::s r.a
F.!'x'JJv/?.ua! ',;'.:tcz alt:cz Fi7.:; ::nd
:?.utv.££ wJvc bclow :!:c Ezo:,1' ]~nc ::kal! !:c pzv. viac:! ::'c;:r ct:ok -vatcr ri3c:
35.9.6.6. Sewage Disposal.
Connection shall be made to the public sarfitmT sewer systmn m accordance with Subchapter 21
c::ccpt d:at tko u:;c a[ :x:intk: tax]r:; ,.,.,c'" .i.... ...... .~: ....... ~-'-~-~ ..... ..c ........... '~""a~ ..~"n ..... .., .~.u" ::pi}r~va& Effiuc;:t; ~rom
~3.[ndividu,d ac'c:cz coaacctiom;.
.................... r~ .........................
...... :a....:~... :...,... Euildk:g Official':: office.
Page 8
Subchapter 9
Development Code
35.9.6.7_.9. Refuse and Garbage Handling.
All manufactn.lred home parks or recrc'afional vehicle parks s a I coml)lv, xhth the ('ltv's,. residentiM, solid w:tste
regmladons.
CitT c~uncil and {;
Page 9 I
Subchapter 9
Development Code
B.Pnrh:: ':ha'2 '.:c ~:'J=*";-"'~ lc'ca c,f a',:c'c.;r, ul=fi;:: 'cf d',:l;z!:: ';'~2::h n::)' Fz~:vidc rc, dcnt k=:!:-.~::gc c,z 5rccdL.ng
35.9.7. Fire Safety Standards.
A. Storage and handling of hquefied petroleum gases. In manufactured home and recreational vehicle packs
where liquefied petroleum gases are stored or dispensed, their hand~_g and storage shall comply with
requNements of the [kc code, plumbing code and the Texas R::tat: railroad Ceommission regulations.
B. Storage and handling of flammable liquids. In parks in which gasoline, fuel oil or other flammable liquids
are stored and/or dispensed, then handling and storage shall comply with the Ffnee Cc-ode adz. Fred h:
c!:aptcz 29 cf fi:c Ci~' Ccdc cf Ozdi::anzca.
C. Access for firefighling. Approaches to all recreational vehicles and manufactured homes shall be kept clear
for firefighling.
D. Water supply facilities for rite department operations. Water supply facililies for fire department
operations shall be connected to the City water supply. Water mains for fire protection pm'poses xte to be
sized six (6) ID or larger with standard City hydrants located within three hundred (300) feet of all
manufactured home sites, measured along driveways or streets, and such water supply systems shall meet
the minimum standards for fitefighfing purposes as required by the state board 9f insurance. Fire hydzants
will be subject to periodic inspections by the fire department. It shall be the responsibility of the park
licensee to ensure that the fire hydrants in need of immediate repair shall be repaired in a satisfactory
manner within twenty-four (24) hours. Non-emergency repaNs shall be made within fourteen (14) days
Page 10
Subchapter 9
Development Code
upon receipt of notification. "Non-emergency," for purposes of this subsection, shall mean of a nature not
impairing the actual use intended.
Collection, disposal of rubbish. The park licensee or agent shall provide an adequate system of collection
and safe disposal of rubbish approved by the Fire Marshal and the City/county health director.
Dry brash, limbs, leaves and weeds. The park licensee or agent shall be responsible for maintaining the
entire area of the park free of ~ brash, leaves, limbs and weeds.
Page 11 I
Subchapter 9
Development Code
Page 12