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52

Chapter 62 - MANUFACTURED HOMES AND TRAILERS

Part of the Code of Ordinances of Burnet, TX.

Local law · 1,620 sections

The text

Footnotes:

--- (1) --- Cross reference— Buildings and building regulations, ch. 22; businesses, ch. 26; fire prevention and protection, ch. 46; floods, ch. 50; health and sanitation, ch. 54; streets, sidewalks and other public places, ch. 94; subdivisions, ch. 98; traffic and vehicles, ch. 106; utilities, ch. 110; zoning, ch. 118.

State Law reference— Manufactured Housing Standards Act, Vernon's Ann. Civ. St. art. 5221f; size and weight of vehicles, Vernon's Ann. Civ. St. art. 6701d-11; sanitation and health protection, V.T.C.A., Health and Safety Code § 341.001 et seq.; determination of situs of mobile homes for tax purposes, V.T.C.A., Tax Code § 21.21 et seq.

ARTICLE I. - IN GENERAL#

Sec. 62-1. - Ordinances not affected by Code.#

Nothing in this Code or the ordinance adopting this Code shall affect any ordinance pertaining to manufactured homes or mobile homes, to the extent that it is consistent with the Uniform Zoning Code, and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

Sec. 62-2. - Recreation vehicles.#

(a)

Recreational vehicles, boats, and major recreational equipment shall only be stored:

(1)

Inside an enclosed garage or other accessory building on any lot;

(2)

In the side or rear yard of a residential lot, only when parked on a durably improved surface as described in section 118-20(m); or

(3)

On [a] commercial lot, only if located in a duly permitted recreational vehicle or boat sales or storage facility, or in a duly permitted recreational vehicle park, as provided for in chapter 118.

(4)

On a driveway of a residential lot for no more than 72 consecutive hours.

(b)

Except as otherwise provided for herein, no recreational vehicle, boat, or major recreational equipment shall be parked or stored within the front yard setback or in front of the front building plane of the primary residential building in any residential district.

(c)

No vehicle, trailer, boat, recreational vehicle, or major recreational equipment shall be used for living, sleeping, office space, or operation of a business when parked or stored on a lot in a residential district, or in any location not approved for such use, either permanently or temporarily.

(d)

It shall be unlawful for any person to park, or cause to be parked, any recreational vehicle, boat, or major recreational equipment on a public street within the corporate limits of the city for longer than 72 consecutive hours.

(e)

The city manager may temporarily suspend the requirements of this section during times of emergency.

(Ord. No. 2019-16, § 2, 5-28-19)

Secs. 62-3—62-25. - Reserved.#

ARTICLE II. - MODULAR STRUCTURES#

Sec. 62-26. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Decal means a device or insignia issued by the Department of Housing and Urban Development that is permanently affixed to each transportable section of each modular home to indicate compliance with the standards, rules, and regulations established by this department.

Manufactured housing or manufactured home means a mobile home or a modular home, or both.

Mobile home means a structure, 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 or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.

Modular home means a dwelling that is manufactured in two or more modules at a location other than the homesite and which is designed to be used as a residence when the modules are transported to the homesite, and the modules are joined together and installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. It is expressly provided, however, that the term "modular home" shall not mean nor apply to, and that the following items are expressly excluded from, the purview of this chapter: (1)

Sectional or panelized housing in which the basic components assembled at the homesite are not at least three dimensional modules;

(2)

A ready built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location; and

(3)

A home constructed in modules incorporating concrete or masonry as the primary structural component.

(Ord. No. 83-18, ch. 3, § 8(A), 12-13-83)

Cross reference— Definitions generally, § 1-2.

Sec. 62-27. - Issuance of permit; conditions.#

(a)

No permits shall be issued for the placement of a modular home until a complete set of plans and specifications of the modular home has been submitted to the building official.

(b)

A plat map of the land that the modular home is to be placed upon must be furnished. The home must be located on the land in compliance with all side yard and setback requirements provided for in this Code.

(c)

Permit fees shall be determined by the cost of the modular home the same as a single-family, duplex residence and apartments as stated in section 22-55.

(Ord. No. 83-18, ch. 3, § 8(B), 12-13-83)

Sec. 62-28. - Permitted uses of modular structures.#

(a)

Modular homes shall be permitted in all use districts, the same as conventional residential structures as set forth in chapter 118 of this Code.

(b)

Modular type structures shall be permitted in nonresidential use districts, the same as conventional nonresidential structures as set forth in chapter 118 of this Code.

(Ord. No. 83-18, ch. 3, § 8(C), 12-13-83)

Sec. 62-29. - Modular structures to have permanent foundations.#

(a)

A perimeter curtain wall is required, which shall be one of the following types:

(1)

Four-inch wide cement beam from the footing up to the bottom of the structure frame, with six-inch by six-inch by ten-inch gauge wire mesh within the beam; shall have anchor bolts at least ten feet on center (o.c.), to anchor the structure to the beam.

(2)

Brick, rock or cement footing from the ground to the bottom of the structure frame, with anchor bolts ten feet o.c., to anchor the structure to the beam.

(3)

Three-quarters-inch lath and plaster with support piers ten feet o.c. around the perimeter of the structure; each pier to have anchor bolts to anchor the pier to the structure frame.

(4)

Siding that corresponds with that of the structure, and support piers ten feet o.c. around the perimeter of the structure, with anchor bolts.

(b)

Center support piers are required, which shall be one of the following:

(1)

Cement pier with cement footing and an anchor strap.

(2)

Cement footing with approved steel piers that are bolted to the footing and welded to the frame.

(Ord. No. 83-18, ch. 3, § 8(D), 12-13-83)

Sec. 62-30. - Other requirements.#

All modular homes or structures shall comply with the building regulations set forth in chapter 22 of this Code.

(Code 1979, ch. 3, § 8; Ord. No. 83-18, ch. 3, § 8(E)(1), 12-13-83)

Secs. 62-31—62-55. - Reserved.#

ARTICLE III. - INSTALLATION OF MOBILE HOMES#

Sec. 62-56. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Manufactured housing and HUD-Code manufactured home means a structure, constructed on or, after June 15, 1976, according to 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 body 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 foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. These terms do not include a recreational vehicle as that term is defined by 24 CFR 3282.8(g).

Mobile home means a structure that was constructed before June 15, 1976, 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 foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.

(Ord. No. 95-15, § 2, 6-27-95)

Cross reference— Definitions generally, § 1-2.

Sec. 62-57. - Exceptions.#

(a)

Nothing in this article shall affect mobile homes already located within the city as of the effective date of Ordinance No. 95-15.

(b)

Nothing in this article shall be construed to prohibit the placement of mobile homes within an approved mobile home park within the city.

(Ord. No. 95-15, § 4, 6-27-95)

Sec. 62-58. - Mobile homes prohibited.#

(a)

The city council seeks to prohibit the installation of mobile homes as defined in this article within the city to protect the public welfare and safety of its residents, and to preserve property values within the city.

(b)

After the effective date of Ordinance No. 95-15, no persons, corporations, associations or other entities shall install within the corporate limits of the city any mobile home to be used as a dwelling for living or sleeping purposes.

(Ord. No. 95-15, § 3, 6-27-95)

Sec. 62-59. - Enforcement.#

Any person in violation of the provisions of this article shall be given written notice thereof. Such notice shall request that corrective action be immediately taken to remedy the alleged violation. Any person who fails to correct violations after ten days of receipt of written notice thereof, shall be fined for each violation as provided in section 1-6.

(Ord. No. 95-15, § 5, 6-27-95)