WHEREAS, it is deemed in the best interest of the City of Bronte for the health, safety and welfare of its citizens that an ordinance be established to regulate manufacture homes within the City of Bronte, Texas, and that mobile homes be prohibited; and
WHEREAS, this ordinance shall ne known and cited as the "Manufactured Home Ordinance" of the City Bronte, Texas.
WHEREAS, the City is in the process of developing a comprehensive plan to guide the City's development and to promote the health, safety, and welfare of its citizens; and
WHEREAS, the Texas Manufactured Housing Standards Act, Chapter 1201 of the Texas Occupation Code, allows a municipality to regulate the location of manufactured housing, and to prohibit the installation of mobiles; and
BE IT ORDAINED BY THE CITY COUNCIL OF BRONTE, TEXAS:
SECTION 1 - DEFINITIONS
A. Building Official - Designated inspection authority of the City or its authorized representative.
B. Certificate of Occupancy - Certificate issued by the City for the use of a building, structure, and/or land, when it is determined by the City that the building, structure, and or land complies with the provisions of applicable City Codes, Ordinances, and regulations.
C. City Council- City Council of the City of Bronte, Texas.
D. HUD-Code Manufactured Home - A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight feet or more in width or 40 body feet or more in length, or when erected on site is 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 plumbing, heating, air conditioning and electrical system. Manufactured home or manufactured housing means a HUD-Code manufactured home or mobile home.
E. Mobile Home- A structure constructed before June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight feet or more in width or 40 body feet or more in length. or when erected on site is 320 or more square feet, and which is built on a permanent chassis and when connected to the required utilities and includes plumbing, heating, air conditioning and electrical systems.
F. Permit - Written permit/certification issued by the City permitting the construction, alteration, or use and occupancy of a HUD-Code Manufactured Home under the provision of this Ordinance and regulations issued hereunder.
G. Manufactured Housing District - All HUD-Code manufactured homes older than ten (10) years of age at the time of application and all mobile homes in the City of Bronte shall be located within the Manufactured Housing District.
SECTION 2 - MANUFACTURED HOMES, MOBILE HOME RESTRICTION
Manufactured homes, HUD-Code manufactured homes, and mobile homes shall not be placed, installed or located on any property that fronts on any State or U.S. highway. Manufactured, HUD-Code manufactured or mobile homes being greater than ten years of age at the time of installation is sought shall also be prohibited from locating the City unless they are located in the established Manufactured Home District.
SECTION 3 - MANUFACTURED HOUSING DISTRICT ESTABLISHED
For the purpose of this ordinance, Block 9, Block 10, and Block 11, OT, Bronte, Texas are hereby designated as the Manufactured Housing District.
SECTION 4 - RESPONSIBILITY OF CITY OFFICIALS
A. Building Official - The Director of Public Works is designated as building Official. This person is responsible for conducting inspections and certifying requirements for use and occupancy.
B. Permit Clerk- The City Secretary is designated as Permit Clerk. This person will issue permits authorized by following the guidance of the this Ordinance.
C. City Council - The City Council shall be the final authority on all matters relating to this Ordinance. The City Council shall be the sole authority for waivers of this Ordinance.
SECTION 5 - MOBILE HOMES PROHIBITED
No mobile homes shall be permitted within the City limits of the City of Bronte, Texas unless located in the Manufactured Housing District. Any mobile home located in the City legally, prior to the enactment of this ordinance and used and occupied as a residential dwelling shall be allowed to remain. the mobile home may be replaced with a newer mobile home only one time.
SECTION 6 - UNLAWFUL PARKING, USE OR LOCATED OF HUD CODE MANUFACTURED HOME
From and after the effective date of this ordinance, it shall be unlawful for any person, firm or corporation to park, located or permit the parking or location of any HUD Code Manufactured Home upon any lot, street or tract of land which is less than 9750 square feet of space whenever such land or tract of land is unoccupied by any HUD Code Manufactured Home or any other dwelling within the city limits of the City of Bronte, Texas.
It shall be unlawful for any person to store a manufactured home or mobile home within the city limits of the City of Bronte, Texas.
SECTION 7 - EXISTING MANUFACTURED HOMES
This ordinance does not make unlawful any mobile home or manufactured home already in place and complying with all laws when this ordinance becomes effective. However, after the effective date of this ordinance, if any nonconforming mobile home or manufactured home is removed from its location the following shall apply:
A. If it is a mobile home, it shall not be allowed to relocate within the city limits of the City of Bronte, Texas; and
B. If it is a HUD code Manufactured Home, all provisions of this ordinance shall apply.
SECTION 8 - STANDARDS OF TRANSPORTATION AND INSTALLATION
A. A mobile home mover must be permitted by the Texas Department of Transportation in accordance with the laws of the State of Texas.
B. Only an installer who is licensed by the Texas Department of Housing and Community Affairs may install a mobile home in accordance with the laws of the State of Texas.
SECTION 9 - PERMITS AND CONDITIONS
A. Permit Procedure- Permit seekers must apply for a permit with the Permit Clerk at the City Hall. The permit Clerk will assist with information regarding regulations, prohibitions, requirements, paperwork and inspections.
B. Permit Time Limits- The City will make every effort to approve permit requests in a timely manner. If the City takes no action on a permit request within 45 days, the permit is assumes to be approved.
C. Authorized and Required Permits/Fees-
A. Installation Permit- No charge- The City will issue installation permits only to installers who hold a current State of Texas Department of Housing & Community Affairs permit to install HUD-Code Manufactured Homes. The City requires a copy of the license to be on file with the permit clerk. Home owners may request the permit with written permission from the installer. Written permission must include the license number of the installer. Permit seekers, when signing the permit request, acknowledge the requirements for passing inspection under this permit request before utilities are connected.
(A) Permit Conditions- Installation permits will be issued only when these conditions are met:
(1) Single Structure on lot- The HUD-Code Manufactured Home being issued a permit under this Ordinance shall be the only habitable structure on the lot names in the permit per the plat on file at the County Clerk's office. Two HUD-Code homes, or one HUD-Code home sharing a lot with a permanent habitable structures are prohibited and a HUD-Code Manufactured home Installation Permit shall not be issued that violates the rule.
(2) Simultaneous Requests and Payments- Installation permits will be issued only after utility tap fees, utility deposits, and drainage culverts (if required) have been paid or arrangements made with the City Secretary.
B. Use and Occupancy permit- $35.00- this permit is the prerequisite for a Use and Occupancy Certificate and includes the cost of the initial Use and Occupancy inspection.
C. Re-Inspection Request- $25.00- This fee must be paid before the Building Official will conduct a Use and Occupancy re-inspection after a failed inspection. This fee will be paid after each subsequent failure before another inspection is made.
SECTION 10 - REQUIREMENTS AND INSPECTIONS
A. Initial Inspection to obtain Use and Occupancy Certification- No utilities will be connected until a Use and Occupancy Certificate permit has been issued by the Permit Clerk and a Use and Occupancy Certificate issued after inspection by the Building Official. A use and Occupancy Certificate will be issued after the Building official verifies, in writing, that the HUD-Code Manufactured Home passed inspection as to site preparation and the connection of utilities. the building Official and Permit Clerk will work closely with franchised utility companies to adhere to this requirements.
A. Setback Requirements- HUD-Code Manufactured Homes on single lots must have a minimum setback from the property line of 10 feet on each side and 20 feet front and rear.
B. Address- Address must be posted and visible from the street in front of the home.
C. Plumbing- General- All plumbing must meet building Official's requirements.
D. Sewer Connection-
(a) A 4 inch line with a 4 inch trap.
(b) A 4 inch two-way cleanout downstream of trap.
(c) Connection to trap shall be air tight and made by mechanical means.
(d) Cleanout and trap shall be no more than 4 feet from the mobile home.**
(e) If the drain line from the home to the trap is exposed above grade, it shall be protected from sunlight and physical damage.
(f) Sewer connection must be capped when disconnected from the home to prevent damage to the public sewer system.
**Trap and Cleanout may be under mobile home only if there is a minimum 18 inches vertical and 30 inches horizontal clearance
E. Water Connection-
(a) Shall not be less than 3/4 inch nominal size.
(b) Shall have an accessible shut-off valve, within four feet of the mobile home.
(c) Connection shall be made with pvc, Copper, Pex, or Quest, or equivalent.
(d) Above grade connecting line from valve to home hook-up must be insulated.
6. Gas Connection (all sources of gas) -
(a) Gas piping shall be rigid black pipe, and shall be the same size as the mobile home inlet.
(b) No gas lines may be buried under mobile home.
(c) Each mobile home equipped for gas shall have a gas valve and electrically insulated union upstream of said valve.
(d) The riser shall be so located so that the horizontal piping from the riser to the mobile home does not exceed 4 feet.
(e ) LP gas Connections (specific rules):
(1) In general, LP Tanks shall be placed in accordance with LP-Gas Safety rules on file with the Texas Secretary of State's Office.
(2) Specifically, LP Gas Tanks shall not be placed closer than:
(A) 10 feet from adjoining property lines.
(B) 10 feet from roadway, highways, pipelines, or utility right of ways including drainage easements.
(C) 10 feet from HUD-Code Manufactured Home.**
(D) 10 feet from any source of ignition.
**Note: If the 10 foot distance from HUD-Code Manufactured Home cannot be obtained, the Director of Public Works may, in accordance with state law, may reduce the minimum to a little as three (3) feet.
7. Electrical Requirement-
(a) Power Supply- Must be permanent installation or of cord assembly type.
(b) Power Cord Assembly- Must not be more than one 50 amperes, factory molded cord cap. Length of such assembly shall not exceed 36.5 feet in total length nor should be shorter than 21 feet. Cord assembly must be marked "for use with Mobile home-40 amperes."
(c) Meter Loop- Point of attachment from utility company shall be a minimum of 10 feet above finished grade.
(d) Disconnect- Shall be a minimum of 100 amperes for gas homes and weather-proof. Shall be a minimum of 200 amperes of all-electric homes and weather-proof.
(e) Underground Feeders- Wires or cables shall be protected by metallic conduit where exposed to physical damage.
(f) Ditches- Underground installation shall be a minimum of 18 inches deep.
(g) Wire Sized- Minimum fused service shall be 100 amperes, three each #4 THHN/THWN with one #8 AWG for ground to service the mobile home facility. An 8 foot ground rod must be driven and bonded to service disconnect, meter base, and HUD-Code Manufactured Home with continuous continuity.
(h) Central Air outside the home shall be connected by separate 100 amp service.
8. HVAC Requirements- Condensing units shall be installed prior to a use and occupancy inspection if electrical power for condensing units and/or disconnect are provided by outside disconnect and whip.
9. Skirting- In addition to anchoring and blocking requirements, any HUD Code Manufactured Home shall be properly skirted prior to being allowed to connect to the water and sewer in the city of Bronte, Texas. Such skirting shall be in place sixty (60) days after installation. Skirting shall be required around the complete perimeter of said mobile home in accordance with the following minimum specifications:
(a) The following material 9or its equivalent as approved by the Building Official) is approved to be used for skirting:
(1) manufactured skirting with vent panels;
(2) corrugated steel sheets;
(3) galvanized steel sheets;
(4) aluminum sheets;
(5) plywood sheets, with a 3/8 inch minimum thickness, rated for exterior use by the manufacturer;
(6) oriented strand board, with a minimum 3/8 inch thickness, rated for exterior use by the manufacturer;
(7) brick or concrete blocks
(8) the area enclosed by skirting may not be used for storage and must be kept free of debris at all times.
(b) Screened vents are required to be used with all skirting to allow for air circulation under the HUD Code Manufactured Home.
10. Anchoring- Prior to connecting any HUD Code Manufactured home to water or sewer of the City of Bronte, Texas in according with the Plumbing Code of the City, said manufactured home shall be anchored in accordance with the manufacture's installation instruction and anchored, as well as supported and blocked, in accordance with those standards for manufactured housing found in the Administrative Rules of the Texas Department of Licensing and Regulation,16 Texas Administrative Code, Chapter 69, adopted pursuant to the authority of Article 5221f, Texas Civil Statutes, and administered by the Texas Department of Housing and Community Affairs.
11. Texas Department of Housing and Community Affairs Inspection- This inspection maybe done by the City of Bronte building official should the City enter into an agreement with the TDHCA. Such inspection shall be in accordance with TDHCA rules and regulation.
SECTION 11- NSPECTION
Officials of the City may enter the premises of any proposed or existing place where any manufactured home is located, in order to inspect for compliance with this ordinance.
SECTION 12- NONLIBILITY
The City and its officers, agents and employees shall have no liability of any nature for any actions, omissions, or other matters in any way concerning the subject matter of this ordinance.
SECTION 13- NOTICES, HEARING, WAIVERS, AND ORDERS
A. General- Any person, firm, or corporation contesting any issue and/or interpretation and/or application of any rule, standard, regulation, determination, requirement, or necessity set forth in the Ordinance directly or by authority shall have the right, after filing a written request with the City Secretary to have a hearing thereon before the City Council at the next regularly scheduled City Council Meeting. The City Council shall be the final judge in all such cases.
B. Requests for Waivers- Waivers requested to the City Council must show clear reason why a waiver should be granted or must demonstrate extreme personal hardship. Waiver granted by the City Council for one issue, rule, standard, regulation, requirement, or necessity does not imply a waiver of the remaining requirements of this Ordinance.
SECTION 14- EXCEPTIONS
This ordinance is prospective and does not apply to HUD-Code Manufactured Homes and Mobile Homes currently used and occupied as residential dwelling in the City on the Effective date of this Ordinance. HUD-Code manufactured Homes and Mobile Homes currently used and occupied as residential dwelling are exempted as long as the current mobile home or HUD-Code Manufactured home exists on that particular lot. A mobile Home (non HUD-Code manufactured) subject to this section may be replaced only one time with newer mobile home. Otherwise, no exception to this Ordinance shall be made for any condition which existed at the time of its passage.
SECTION 15- PENALITY FOR NON-COMPLIANCE
Any person, firm, or corporation violating this Ordinance or any part of this Ordinance or providing false information to a City official concerning licensing or permitting under this Ordinance and found guilty by the Judge of the Municipal Court, will be guilty of a Class "C" Misdemeanor, and be fined not more than $500.00 ( Five hundred Dollars) except for health violation which may be fined not more than $2000.00 (Two Thousand Dollars). Each day such violation continues, or be permitted to continue, shall be a separate Ordinance.
SECTION 16- SEVERABILITY
If any section or part of any section or paragraph of this Ordinance is declared invalid or unconstitutional for any reason, it shall not be held to invalidate or impair the validity, force, or effect of any other section or sections or part of a section or paragraph of this Ordinance.
SECTION 17- APPEAL
Any person making application for a building permit pursuant to the terms of this ordinance may appeal to the City Council a decision of the Building Official to deny such application and building permit.