TOWN OF ANDERSON
ORDINANCE NO. 113-16
ORDINANCE PERTAINING TO MOBILE HOME, MANUFACTURED HOME AND MOBILE HOME PARKS
WHEREAS: The Board of Aldermen, Town of Anderson, Texas find that the installation of Mobile Homes shall be prohibited inside of the Town limits.
WHEREAS: The Town of Anderson, Texas has the authority to pass, approve and adopt this Ordinance in accordance with the Transportation Code Chapter 683 and Local Government Code Chapter 54.044.
This Ordinance shall be cited as “Ordinance Pertaining to Mobile Home, Manufactured Homes, and Manufactured Home Parks”.
Mobile Home (built before June 15, 1976): Mobile Home shall be defined as a building which has a primary use as a residence and is based on one or more axles regardless of skirting or any other covering that may be used to prevent exposure of said axles to the elements of nature or for beautification. It shall also be defined as a structure which is built on a permanent chassis and designed to be used as a dwelling without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
Manufactured Home: Manufactured Home shall be defined as a 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 body 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 a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. This term does not include a recreational vehicle as that term is defined by 24 C.F.R. section 3282.8(g).
Manufactured Home Park: means any land upon which two or more for rental occupied Manufactured Homes used for habitation are parked, whether free of charge or for income producing purposes, including any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. This definition does not apply where all Manufactured Homes are occupied by the owner of the land and his immediate family. This definition does not apply to recreational areas or to overnight parking by agencies of local, state and federal governments, where posted restrictions for use of such areas are provided.
Manufactured Home Space: means the land upon which not more than one Mobile Home is located.
Permanent Foundation: Permanent Foundation shall be defined as a foundation based upon concrete slab, a pier and beam or as state law requires.
Town of Anderson: Town of Anderson shall be defined as the incorporated area in the Town of Anderson, Texas and shall include any future annexed areas.
Manufactured Home Park must be not less than two contiguous acres.
1. A Manufactured Home Park must have 3,000 sq. ft. surface area for each unit with additional parking space for two vehicles.
2. A Manufactured Home Park must provide 21 ft. clearance between units and a 10 ft. clearance if placed end to end.
3. Each unit within a Manufactured Home Park must be at least 14 ft. wide.
4. A Manufactured Home Park must provide landscaping within a 15 ft. buffer zone with shrubs and or trees with a minimum height of 6ft. along each adjacent properties.
5. All units within a Manufactured Home Park must be properly skirted around the entire unit.
6. Platted lots in town may not have more than one unit per lot.
After the date of adoption of this Ordinance, the installation of mobile homes for use or occupancy as a residential dwelling in the town is prohibited.
This provision is prospective and shall not apply to any mobile homes used and occupied as residential dwellings in the town on the effective date of this article. Mobile homes used and occupied as residential dwellings on the effective date of this article shall be deemed to be a lawful nonconforming use, and such use may continue until discontinued, abandoned, or terminated as provided herein.
If the nonconforming mobile home use is abandoned or discontinued for a period of ninety (90) or more days, any future use of the structure and land or portion thereof shall conform with the provisions of this article. If a nonconforming mobile home is not occupied for a period of ninety (90) or more days, said use is deemed to be abandoned by operation of law. If a nonconforming mobile home is destroyed or damaged to an extent greater than fifty (50) percent of its fair market value by fire, explosion, act of God, or other cause, then any future use of the structure and land on which the mobile home was situated shall conform to the provisions of this article.
A mobile home that is nonconforming and has not been served with utilities (water, electric, etc.) for a period of ninety (90) days shall be deemed abandoned and a nuisance and may not be used for habitation and shall be removed from the Town of Anderson. Penalties will begin after proper notification.
Rental units that are nonconforming in a separate category and are deemed to be uninhabitable when vacancy occurs. It will be a requirement of the Town of Anderson all property owners to register their property as a rental if they do not use it was their primary residence and have it rented out to tenants.
A nonconforming mobile home use shall not be enlarged, extended or expanded into any other portion of the land on which the nonconforming mobile home is situated. Nothing in this section is intended to prohibit normal repairs and maintenance of a nonconforming mobile home.
If a nonconforming mobile home is removed from the parcel of land on which it is situated, any future use of the structure and land on which the mobile home was situated shall conform to the provisions of this article.
Residential Use of Recreational Vehicles
Where the Town Council finds that the use of Recreational Vehicles for the purpose of residing jurisdictional boundaries of the Town of Anderson, Texas in is not in the public interest. As such, use of Recreational Vehicles to reside shall not be permitted within the jurisdictional boundaries of the Town of Anderson, Texas. Furthermore, temporary use of a Recreational Vehicle for the purpose of residing or sleeping shall not be permitted within the jurisdictional boundaries of the Town of Anderson, Texas.
Upon notice, the owner of the property in which the Recreational Vehicle is stored shall remove such Recreational Vehicle within ten (10) days after receipt of notice. If such removal does not occur in the required period of time, the Town of Anderson, Texas shall be empowered to remove the Recreational Vehicle and the owner of the real property in which said Recreational Vehicle is located shall be billed for the costs attributed to the removal of said Recreational Vehicle.
Temporary use may be granted by request of a variance.
Storage of Recreational Vehicles Where the Town Council finds that the storage of Recreational Vehicles that are in disrepair or have become in a state of disrepair within the jurisdictional boundaries of the Town of Anderson, Texas in is not in the public interest.
Temporary storage permission for the purpose of repair may be granted by request of a variance.
Notice to Remove
1. Upon determination of the designee of the Town of Anderson that new installation, abandonment, discontinued use, destruction via natural or acts of God as prescribed in Section C exists in the Town of Anderson, the Town or its designee shall give or cause to be given to the person maintaining of suspected installation, abandonment, discontinued use, destruction via natural or acts of God as prescribed in Section C a written notice requesting abatement in twenty (20) days. The notice shall state the nature of the ordinance violation and that it must be abated and removed within said twenty (20) day period. Such notice shall be mailed by certified or registered mail to:
a. The last known registered owner of the mobile home,
b. Each lienholder of record of the mobile home, and
c. The owner or occupant of: the property on which the mobile home is located.
d. If the post office address of the last known registered owner of the mobile home is unknown, notice may be placed on the mobile home itself, or if the owner is located, hand-delivered.
2. The notice must state that the mobile home installation must be abated and removed not later than the twentieth (20th) day after the date on which the notice was mailed. Any request for hearing must be made before the twenty (20)) day period expires.
3. If the notice returns undeliverable, action to abate the ordinance violation shall be continued to a date not earlier than the twenty-first (21th) day after the date of the return.
1. If a hearing is requested by a person for whom notice is required pursuant to this Ordinance, the hearing shall be held not earlier than the twenty-first (21th) day after the date of service of the notice.
2. At the hearing the building is presumed to be a mobile home, unless demonstrated to the contrary by the owner.
3. A request for hearing shall by in writing and shall be addressed to the Town of Anderson, Board of Alderman, to P.O. Box 592, Anderson, Texas 77830
Order by Board of Aldermen
If the Board of Alderman holds a required hearing and finds that a mobile home has been installed in violation of this ordinance, the owner or occupant of the premises shall be ordered to remove the mobile home within twenty (20) days after the owner or occupant is given notice of the Order by the Board of Alderman to Abate Mobile Home Installation.
If the owner or occupant of the premises fails to attend the public hearing, the order shall cause to be delivered to the last known address of the owner or occupant of the premises. It shall be a violation of the Ordinance Prohibiting Installation of Mobile Homes for the owner or occupant to fail to comply within the 10 days.
The Order shall state the information required, if available, pursuant to Section E above.
Persons Authorized to Inspect and Abate and Remove
The Board of Alderman has designated the Board of Inspectors in Condemnation Ordinance No. 73A-09 for inspection of an ordinance violation. The Board of Inspectors are authorized to administer procedures stated herein; enter a private property to examine an ordinance violation, obtain information to identify the ordinance violation, and to remove or direct another authorized by the Board of Alderman to remove the mobile home. The Board of Alderman may designate any other appropriate person to inspect, abate, or direct the abatement of the mobile home on private property.
Where the Ordinance Does Not Apply
Installation of Manufactured Homes as defined by this Ordinance shall be lawful under the provisions of this ordinance.
Penalty and Remedy
The Town of Anderson shall have the power to administer and enforce the provisions of this Ordinance as may be required by governing law. The Board of Alderman shall have the authority to issue orders as necessary to enforce and implement provisions of this Ordinance within the Town of Anderson.
The Town of Anderson has the right to impose a civil penalty of up to one thousand dollars ($1,000.00) per day when it is shown that the defendant was actually notified of the provisions of this Ordinance or after received notice failed to take action necessary for compliance with the Ordinance.
An Order of the Board of Alderman pursuant to this Ordinance is final and binding and constitutes prima facie evidence of the civil penalty in any court of competent jurisdiction in a civil suit brought by the Town of Anderson for final judgment in accordance with the established penalty.
To enforce any civil penalty under this Ordinance by district court judgment, the Town of Anderson secretary must file with the district clerk of Grime County a certified copy of the Order establishing the amount and duration of the penalty. No other proof is required for the district court to enter a final judgment on the penalty.
In addition to any other remedies contained herein, the Town of Anderson may enforce the provisions of this article pursuant to the applicable provisions of Chapter 54 of the Texas Local Government Code, which chapter provides for the enforcement of municipal ordinances.
Resort to the Courts
Nothing in this Ordinance shall be construed as abridging the right of the Town of Anderson, Texas to resort to the courts of this State for the enforcement of this Ordinance, or of the rights of any owner to resort to the courts of this State in an attempt to enjoin the enforcement of this Ordinance.
1. Generally: Where the Town Council finds that an unnecessary and extraordinary hardship would result from strict adherence to this Ordinance and the purposes of this Ordinance may be served to a greater extent by an alternative proposal, the Planning Commission may recommend the approval of variances to this Ordinance to the Town Council. Variances may be granted so that substantial justice may be done and the public interest secured, provided that such variances shall not have the effect of violating the intent and purpose of this Ordinance. Furthermore, variances issued by Town Council shall based upon the evidence presented to it in each specific case that:
A. The granting of the variance will not be detrimental to the public safety, health, or welfare, be injurious to surrounding property, or violate the intent and purpose of the regulation;
B. The granting of the variance is not based on a hardship which is self-imposed by the applicant;
C. The hardship is not based solely on the cost of complying with the regulation; and
D. The hardship is based on circumstances which are unique to the property for which the variance is sought, and not circumstances common to other properties.
2. Conditions: In recommending approval of variances to the Town Council, may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this Ordinance.
A. Application: An application for any variance shall be submitted in writing to the Town Secretary on forms provided by the Town. The variance application shall include the following:
1. A completed variance application form;
2. The appropriate fee, as specified in the Permit Schedule.
3. A copy of the deed to the subject property;
4. A letter describing the reasons and/or hardship for the request, stating fully the grounds for the variance and all of the facts relied upon by the petitioner; and,
5. A plot plan of the subject property.
B. Public Hearings and Notices: Each variance request shall be considered at a public hearing before the Planning Commission. Notice of such public hearing shall be required as follows:
1. Website: Due notice, in the form provided by the Town Secretary of a variance public hearing shall be published on the town website, andersontx.gov, at least fifteen (15) days prior to the public hearing date.
2. Mail: Due notice, in the form provided by the Town Secretary, of a variance public hearing shall also be given by mail to all Property Owners and Residents in a radius of one town block surrounding the Property for which variance is requested shall be notified by mail no less fifteen (15) days prior to the public hearing date.
3. Cost: The preparation of the notice of public hearing and required mailing list shall be the responsibility of the Town. The cost of publication and mailing of the required notice of public hearing shall be borne directly by the applicant.
4. Notice to Surrounding Property Owners and Residents: and a sign posted on the for which variance is requested no less than 45 days prior to the Council’s hearing of the variance request and any subsequent vote.
5. Council Agenda Item: An agenda item shall be placed upon the Council Agenda concerning the requested variance and shall constitute the public hearing. Further, all concerned members of the community (businesses, organizations, and individuals) shall be allotted all time necessary to them in order to convey their message to council. Thusly, no time limitations shall be allotted to said members.
C. Town Council Action: The Town Council shall render a vote of approval or denial of the variance. The Town Council ‘s action shall be entered into the minutes of the Town Council meeting, specifying the reason(s) which justified the recommendation of approval or denial of the variance. In the event of a denial by the Town Council, the applicant shall have seven (7) days in which to notify the Town Secretary in writing that the applicant desires to appeal the denial to the a Court of Competent Jurisdiction; otherwise, the denial shall become final.
Any and all portions of this Ordinance are subject to amendment by the Board of Alderman upon notice.
If any article, paragraph, or part of a paragraph of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the same shall not invalidate or impair the validity, force or effect of any other article, paragraph or part or a paragraph of this Ordinance, which shall remain in full force and effect.
PASSED, APPROVED AND ADOPTED ON THE THIRD READING this 14th day of July, 2016.
Revised and approved January 10, 2019
Revised and approved March 14, 2019.