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Ordinance No. 8,151Published in the Baytown Sun Tuesday, December 23 Wednesday, December 24 ORDINANCE NO. 8151 971216 -5 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 17' /2 "MOBILE HOMES AND MOBILE HOME PARKS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, IN ITS ENTIRETY AND REPLACING THE SAME WITH CHAPTER 17%2 "MANUFACTURED HOMES, MOBILE HOMES AND PARKS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; AMENDING CHAPTER 7 "BUILDINGS," ARTICLE I "IN GENERAL," SECTION 7 -4.1 "SAME— AMENDMENTS," SUBSECTION 103 "PERMITS" AND SECTION 7 -10 "CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS," SUBSECTION (B) "APPEALS "; CHAPTER 14 "GARBAGE," ARTICLE I "IN GENERAL," SECTION 14 -3 "COMMERCIAL REFUSE," SUBSECTION (A); CHAPTER 14 "GARBAGE," ARTICLE V "COMMERCIAL WASTE DISPOSAL "; SECTION 14 -20 "DEFINITIONS," SUBSECTION (A), IN PART, TO REVISE THE DEFINITION OF "COMMERCIAL WASTE "; CHAPTER 25 "SEWER AND WATER LINE EXTENSIONS," ARTICLE I "IN GENERAL," SECTION 25 -2 "DEFINITIONS," SUBSECTION (6); CHAPTER 27 "SUBDIVISIONS," ARTICLE IV "GENERAL STANDARDS," SECTION 27- 43 "LOTS," SUBSECTION (F) "MINIMUM LOT SIZES," SUBSECTION (11); AND CHAPTER - 31 "UTILITIES," ARTICLE IV "WATER SERVICE"" SECTION 31 -56 "WATER RATES," SUBSECTION (C); AND CHAPTER 31 "UTILITIES," ARTICLE V "SEWER SERVICE," SECTION 31 -65 "SEWER SERVICE CHARGE," SUBSECTION (D) OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 17%2 " Mobile Homes and Mobile Home Parks," of the Code of Ordinances of the City of Baytown, Texas, is hereby repealed in its entirety. Section 2: That the Code of Ordinances, of the City of Baytown, Texas is hereby amended by adding Chapter 17'/2 "Manufactured Homes, Mobile Homes, and Parks" which chapter reads as follows: CHAPTER 17'/2 MANUFACTURED HOMES, MOBILE HOMES, AND PARKS ARTICLE I. IN GENERAL See. 17'/2 -1. Chapter deemed remedial. • This chapter is hereby declared to be-remedial and shall be construed to secure the beneficial interest and purposes thereof, which are the health, sanitation, general public safety and welfare of 971216 -5a the citizens of Baytown, by prohibiting mobile homes and regulating the installation and maintenance of manufactured homes together with the use of recreational vehicles. See. 17'/2 -2. 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: (a) Board means the construction board of adjustments and appeals created in section 7 -10. (b) Manufactured home means 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 or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air - conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. § 3282.8(g). (c) 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 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. (d) Manufactured home lot means a parcel or tract of land for the placement of a single mobile home or manufactured home. This is to be distinguished from a manufactured home stand and site located within a manufactured home park. (e) Manufactured home park means a tract or parcel of land used for rental occupancy by five (5) or more mobile homes, manufactured homes, or recreational vehicles. (f) Manufactured home sales lot means a parcel or tract of land which is used by a manufactured home dealer for the sale, lease or renting of manufactured homes. (g) Manufactured home stand means that part of a manufactured home park which has been improved for the placement of the mobile home, manufactured home or recreational vehicle, including all required appurtenant structures and having provisions for available utility connections. (h) Occupy means a presumption that a mobile home, recreational vehicle, or manufactured home is occupied will exist if it is connected to two or more utilities. 971216 -5b {i) Recreational vehicle means a portable vehicle built on a chassis and designed as a temporary dwelling for travel, recreation, and vacation use, which does not exceed eight feet in width and 40 feet in length, exclusive of tongue. The term recreational vehicle shall also include all portable structures which may be moved under their own power, towed, or transported by another vehicle, and for purposes of this chapter, shall also include other types of vehicles such as, but not limited to, trucks, vans and buses that have been converted to temporary dwellings for travel, recreation, and vacation use, regardless of size. (j) Recreational vehicle park means a tract or parcel of land used for rental occupancy by five (5) or more recreational vehicles. (g) Recreational vehicle stand means that part of a recreational vehicle park which has been improved for the placement of the recreational vehicle, including all required appurtenant structures and having provisions for available utility connections. (k) Service building means a structure housing toilet facilities, lavatories, bathing facilities; and such other facilities as may be required or permitted under the provisions of this chapter and which is used in connection with the operation of a mobile home, manufactured home or recreational vehicle park. (1) Sewer connection means the connection consisting of the pipes, fittings and appurtenances from the drain outlet of the mobile home, manufactured home or recreational vehicle to the inlet of the corresponding sewer riser pipe or the sewerage system serving the manufactured home park or the recreational vehicle park. (m) Sewer riser means that portion of the pipe of the sewer lateral which extends vertically to the ground elevation and terminates at each manufactured home stand or recreational vehicle stand. (n) Utilities means the water, sewage, gas or electrical distribution systems, which are available for connection to mobile homes, recreational vehicles, or manufactured homes in manufactured home parks, or recreational vehicles in recreational vehicle parks. (o) Utility connection means the connection of available utilities in a manufactured home park to a mobile home, manufactured home, or recreational vehicle placed on a manufactured home stand in a manufactured home park or to a recreational vehicle in a recreational vehicle park. (p) Water connection means the connection of the pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe for the water distribution system of a mobile home, manufactured home or recreational vehicle. (q) Smooth, hard, and dense surface means a smooth, hard, and dense surface shall mean hot is mix asphaltic concrete (hot or cold laid) or reinforced concrete (5.0 sack mix). 3 971216 -5c is Sec. 1T /2-3. Penalty for violation of chapter provisions. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this chapter is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars ($500.00). Sec. 17%2 -4. Permissible uses of mobile homes and manufactured homes. It shall be unlawful to occupy a mobile home or a manufactured home for any type of occupancy other than as a private dwelling; provided, however, a manufactured home may be parked at a construction site for use as a field office for a period not exceeding the period of construction, and not more than one manufactured home may be used for demonstration and office at a manufactured home sales park. Sec. 17'/2 -5. - Mobile homes prohibited; exceptions; removal. (a) From and after December 26, 1997, no mobile homes shall be permitted within the incorporated limits of the city, as such limits may be hereinafter extended. However, mobile homes used as residential dwelling units and meeting all of the applicable requirements of this code on December 26, 1997, may be used and maintained, subject to the standards and limitations of this article and article I1. (b) A mobile home within the city whose use is discontinued or remains vacant for a continuous period of one year shall be presumed to be abandoned and shall not thereafter be used but shall be removed by the owner of the mobile home in accordance with subsection (e) of this section. (c) A mobile home may not be moved, enlarged or altered after December 26, 1997, except for normal maintenance and incidental repairs. Nothing in this subsection, however, shall prevent the chief building official from ordering repairs to or removal of a mobile home, which he determines to be an unsafe condition. (d) Whenever the chief building official concludes that a mobile home has been abandoned, moved, enlarged or altered in violation of this section, the burden to prove otherwise shall lie with the owner of the mobile home. If the owner of the mobile home wishes to appeal the chief building official's decision to the Board, such appeal must be in writing and filed with the chief building official within ten days from the date the chief building official rendered his decision in a form acceptable to the chief building official. Thereafter, the Board will hear the appeal and render its decision which shall be final and binding. 4 • 971216 -5d (e) Whenever the chief building official concludes that a mobile home has been abandoned, moved, enlarged or altered in violation of this section and the owner fails to file an appeal or to satisfy his burden of proof in an appeal before the Board, the chief building official shall order the mobile home removed from the incorporated limits of the city or otherwise destroyed and discarded. This removal and destruction shall be at the mobile home owner's expense and shall be completed within 30 days of the ,chief building official's notice to remove or destroy the mobile home. If the owner fails to timely remove or destroy and discard the mobile home, the city shall remove or destroy the mobile home at the mobile home owner's expense. ARTICLE II. EXISTING MOBILE HOMES AND MANUFACTURED HOMES Sec. 17' / -6. Application of article. This article II shall apply only to manufactured home parks which were operating in compliance with this article on December 26, 1997, and to mobile homes, manufactured homes, and recreational vehicles were used as residential dwelling units meeting all of the applicable requirements of this article and the Code on December 26, 1997. Therefore, references to "manufactured home parks," "manufactured homes," "mobile homes," and recreational vehicles in this article shall mean and include only those manufactured home parks, manufactured homes, mobile homes, and recreational vehicles which were in existence and compliance on December 26, 1997. Sec. 17'/2 -7. Effect of abandonment. A manufactured home park within the city whose use as the same is discontinued for a continuous period of one year shall be presumed to be abandoned. Once abandoned, no manufactured home park operator's license shall be issued for the site under the provisions of this article; rather article III shall apply. DIVISION 1. OUTSIDE MANUFACTURED HOME PARKS. Sec. 17 1/2 -8. Established locations. Where a person owned a mobile home or a manufactured home prior to the August 24, 1978, and such mobile home or manufactured home has not been moved to a new stand or location since that date, then that person shall not be subject to the requirements of this division. However, if the mobile home or manufactured home is replaced or otherwise moved after December 26, 1997, the mobile home or manufactured home will be subject to the requirements contained in Article III of this chapter. 5 971216 -5e isSec. 17'/2 -9. Violation of deed restrictions No mobile home or manufactured home shall be parked in violation of any enforceable deed restriction or covenant. Sec. 17'/2 -10. Area requirements. (a) A mobile home or manufactured home may be parked on a vacant lot or plot outside a manufactured home park, as defined in section 17%2 -2 (manufactured home lot), provided the lot or plot has 4,000 square feet of land. The mobile home or manufactured home shall be set back from the front property line no closer than established building lines; no mobile home or manufactured home, however, shall be set within 15 feet of the front property line or within five feet of any side or back lot line. (b) If a lot is adjacent to two or more streets, the owner may designate any one side adjacent to a street to be the lot front; that portion of the lot opposite the designated front shall be considered the back lot line. (c) Not more than four mobile homes and/or manufactured homes may be parked on a lot or plot without first obtaining a manufactured home park license. Such lot or plot shall contain a minimum of 4,000 square feet per home and shall meet the minimum standards for plumbing, heating, electrical systems, and spacing outlined or referred to in this article. (d) A mobile home or manufactured home may be parked adjacent to a residence, or place of business, provided a spacing of ten feet from the nearest building, on the same property, is maintained, and five feet from any interior property lines, or not less than 15 feet set back from a street. Not more than one mobile home and/or manufactured home shall be parked on the same lot or plot with a residence or commercial building without a manufactured home park license regardless of the number of mobile homes or manufactured homes to be placed on the lot. No mobile home or manufactured home shall be parked adjacent to a residence or place of business where such placement creates or may create a hazard to life, safety or health. Sec. 17'/2 -11. Utility connections and permits required. (a) All mobile homes and manufactured homes located outside a manufactured home park or manufactured home sales park for more than 48 hours shall be connected to all required utilities, and permits shall be obtained from the building official for a foundation, driveway, plumbing and electricity. (b) Mobile homes and/or manufactured home located outside manufactured home parks will be connected by separate and individual water and sewer taps to the city services where 6 971216 -5f such services are available. When one mobile home or manufactured home stands in the rear of an existing residential structure, and the mobile home or manufactured home and residence are on one parcel of land under one owner such requirement shall not apply and the building sewer and water service may be extended to serve the mobile home. (c) The building official may permit the temporary parking of a manufactured home in a location outside an approved and licensed manufactured home park for a period in excess of 48 hours, provided such location shall not create a health, traffic, or other hazard, and provided such manufactured home shall not be occupied. (d) All mobile homes and manufactured homes and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this chapter and other regulations, pamphlets, or data made a part hereof, when installed, repaired, or altered, shall be maintained in good working order. The owner or occupant shall be responsible for the maintenance of the mobile home or manufactured home. (e) No mobile home or manufactured home located outside a manufactured home park shall be parked in a flood hazard area as defined at section 12' /2 -1(b), except as permitted in chapter 12'/2 of the Code. I n4 �- Sec. 17'/2 -12. Streets and driveways. (a) All mobile homes and manufactured homes shall be provided with streets or driveways for safe and convenient vehicular access from abutting public streets or roads to the parking area for the mobile home or manufactured home. (b) All driveways shall comply with residential driveway standards. Sec. 17 Y2-13. Off-street parking. Off - street parking areas shall be provided for all mobile homes and manufactured homes for the use of occupants and guests. Such areas shall be furnished at the rate of not less than two spaces for each mobile home or manufactured home. DIVISION 2. WITHIN MANUFACTURED HOME PARKS SUBDIVISION A. PERMITS AND LICENSES Sec. 17'/2 -14. Manufactured home park operator's license required. (a) It shall be unlawful to establish, maintain or operate a manufactured home park without having secured a manufactured home park license. 971216 -5g jo (b) A license issued pursuant to section 17%2 -17 shall be valid for a period of one year beginning on July 1 of each year and shall be renewable annually during the month of June. A nonrefundable license application investigation fee of $25.00 shall accompany each application for a license, provided such investigation fee will be allowed as a credit upon the license if it is granted. The license fee shall be determined by the following fee schedule: Under 16 manufactured home stands ........................... ..............................$ 50.00 16 through 40 manufactured home stands ...........$100.00 41 through 60 manufactured home stands ....$150.00 61 through 80 manufactured home stands ....$200.00 Each stand in excess of 80 ........................................... ..............................$ 2.00 (c) The annual renewal license fee shall be determined by the following fee schedule: Under 16 manufactured home stands .............................. ..............................$ 20.00 16 through 40 manufactured home stands ................... ..............................$ 30.00 41 through 60 manufactured home stands ................... ..............................$ 40.00 61 through 80 manufactured home stands ........... $ 50.00 Over 80 manufactured home stands ............................. ............................... $ 60.00 (d) Prior to the issuance of any manufactured home park license issued pursuant to section 17'/2 -17, and each renewal of any manufactured home park license under this article, the owner or operator must file with the city a list of the owners and occupants of all mobile homes, manufactured homes, and recreational vehicles in the manufactured home park as of the prior January 1. Sec. 17'/: -15. Inspection of manufactured home park. (a) The chief building official shall make such inspections as are necessary to ensure compliance with the provisions of this article. (b) By the acceptance of the license, the licensee shall be deemed to authorize the inspection of a manufactured home park at all reasonable hours. Such hours shall usually be during normal working hours, and failure to permit such inspection shall be a ground for suspension or revocation of the license. Where there is reason to believe a violation may 8 971216 -5h exist before or after the hours of normal inspection, the chief building official may authorize special inspections at any time. (c) Failure or refusal of a manufactured home park occupant to permit inspection by the inspecting authority, or to permit the licensee to make necessary repairs or alterations in compliance with the requirements of the inspecting authority shall constitute a ground for disconnection of the utilities serving such mobile home, manufactured home, or recreational vehicle. (d) Failure to comply with any of the requirements of this section shall be sufficient reason to deny the renewal of a manufactured home park license. Sec. 17'h -16. Enforcement of manufactured home park operator's license; authority of chief building official to revoke or suspend. The chief building official shall have authority to suspend or revoke manufactured home park operators' licenses or to order utility disconnections for the following violations of the provisions of this chapter: (a) A license may be suspended for any period of time up to six (6) months for a violation affecting the health, safety or welfare of occupants of a mobile home, recreational vehicle, or manufactured home or of other persons or property; (b) A license may be revoked for a violation which is dangerous to life; (c) A license may be revoked if the owner or operator intentionally or knowingly files an incomplete or inaccurate list of owners as required at section 17'/2- 14(c); or (d) For a violation of the provisions of this chapter not deemed to require a license suspension or revocation, the utility connection servicing any stand or stands, or any structure in a manufactured home park, may be disconnected or caused to be disconnected, provided, a utility disconnection may be ordered in connection with a license suspension or revocation as to all or any part of a manufactured home park if necessary to protect life or property. Sec. 17 '/2 -17. Transfer of license. No sale, transfer or assignment of a revoked license or of a license during the period of suspension will be recognized by the city. A person may sell, transfer or assign his interest in a manufactured home park to another person who may then make application for a license to operate the manufactured home park pursuant to the provisions of this article; provided, that the use of the park had not been abandoned as described in section 17'/2 -7 and if the park was being operated under a valid manufactured home park operator's license in compliance with this article. 9 971216 -5i 0 SUBDIVISION B. STANDARDS Sec. 1T /2-18. Responsibilities of the manufactured home park licensee: a. The person to whom a license for a manufactured home park has been issued or renewed under this article shall be responsible for operation of such park in compliance with the applicable provisions of this chapter, and he shall provide adequate supervision to maintain such park, its facilities and equipment in good repair and in a clean and sanitary condition. b. The licensee shall be responsible for notifying park occupants of the applicable sections of this chapter. C. The licensee shall be responsible for supervising the placement of mobile homes, manufactured homes, and recreational vehicles on manufactured home stands within the manufactured home park. The licensee shall be responsible for maintaining a register containing the names of all park occupants. Such register shall be available to any authorized person inspecting theTark for the enforcement of this chapter, or any--other -- city ordinances. A copy of this register shall be filed with the city at least semiannually. Sec. 17'/ -19. Responsibilities of park occupants. a. Manufactured home park occupants shall comply with all applicable sections of this chapter and each occupant shall maintain his mobile home, manufactured home, recreational vehicle, manufactured home stand, site, appurtenances and equipment in good repair and in a clean and sanitary condition. b. The manufactured home park occupant shall be responsible for the proper placement of his mobile home, manufactured home, or recreational vehicle on the manufactured home stand and for proper installation of all utility connections. Sec. 17'/2 -20. Restrictions on occupancy. A mobile home, manufactured home, recreational vehicle shall not be occupied for dwelling purposes unless it is properly placed on a manufactured home stand and connected to water, sewerage, and electrical utilities, and other services where required for the health, welfare, and safety of the occupants. Sec. 17'/2 -21. Density. No more than seven manufactured home stands shall be situated per acre of unimproved land. By "unimproved land" it is meant land upon which no roadways or sidewalks have been 10 971216 -5j constructed as well as other types of improvements. In addition to this requirement, all space and distance requirements as elsewhere herein set out shall be observed and complied with so that in the enforcement of this density requirement the more restrictive of the two standards shall be applied in any situation to determine compliance with this article. Sec. 17'/2 -23. Drainage. (a) Condition of soil, ground water level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards. (b) Exposed ground surfaces in all parts of every manufactured home park shall be paved, or covered with stone screenings, or other solid material, or protected with a vegetable growth that is capable of preventing soil erosion and of eliminating objectionable dust. (c) The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner. Sec. 17%2 -24. Residential use. (a) No part of any park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well -being of park residents and for the management and maintenance of the park. (b) Nothing contained in this section shall be deemed to prohibit the sale of a manufactured home located on a manufactured home stand and connected to the utilities. See. 17'/2-25. Spacing. (a) Mobile homes and/or manufactured homes shall be separated from each other and from other buildings and structures by at least ten feet on the sides and end -to -end clearance of ten feet. (b) An accessory structure which has a horizontal area exceeding twenty -five square feet, is attached to a mobile home or manufactured home, or located within ten (10) feet of its window, and has an opaque top or roof that is higher than the nearest window, shall, for purposes of all separation requirements, be considered to be part of the mobile home or manufactured home. • • Sec. 17'/2 -26. Recreational area. • 9712165k (a) In all parks accommodating or designed to accommodate 25or more mobile homes, manufactured homes, and/or recreational vehicles there shall be not less than one recreation area which shall be easily accessible to all park residents. (b) The size of such recreation areas shall be based upon a minimum of 100 square feet for each manufactured home stand. No outdoor recreation area shall contain less than 2,500square feet. (c) Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located. See. 17'/2 -27. Setbacks, buffers. (a) All mobile homes, manufactured homes, and recreational vehicles shall be located at least ten feet from any property boundary line abutting upon a public street or highway, and at least five feet from interior property boundary lines. (b) There shall be a minimum distance of ten feet between individual mobile homes, manufactured homes and recreational vehicles, and four feet from adjoining pavement of a park street, or common parking area, or other common areas. (c) All manufactured home parks located adjacent to industrial, commercial, or residential land uses shall be provided with screening, such as fences or natural growth along the property boundary lines separating the park and such adjacent nonresidential uses. Sec. 17'/2 -2$. S trects. (a) All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to the internal parking area or manufactured home stand. Alignment and gradient shall be properly adapted to topography. (b) Access to manufactured home parks shall be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent streets. The entrance road connecting the park streets with a public street or road shall have a minimum road pavement width of 34feet where parking is permitted on both sides, or a minimum road pavement width of 27feet where parking is limited to one side. Where the primary entrance road is more than 100feet long and does not provide access to abutting manufactured home lots within such distance, the minimum road pavement width may be 24feet, provided parking is prohibited at both sides. 12 971216 -51 . (c) Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following minimum requirements: All streets, except minor streets, shall be not less than 24feet in width; 2. Minor streets, when parking is prohibited, shall not be less than 20feet in width. Such a street will be acceptable only if it is less than 500 feet long and serves fewer than 25 mobile homes, manufactured homes and recreational vehicles; provided, such street may exceed 500 feet if it is a one -way street and provides access to abutting manufactured home sites on one side only; and 3. Dead -end streets shall not exceed 1,000 feet in length. Such streets shall be provided with a turnaround at the closed end and have an outside roadway diameter of at least 60 feet. (d) All streets shall be provided with a smooth, hard and dense surface which shall be durable and well drained under normal use and weather conditions. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained free of dust, cracks, holes, and other hazards. M- (e) Grades of all streets shall be sufficient to ensure adequate surface drainage, but shall be not more than eight percent. Short runs with a maximum grade of 12 percent may be permitted, provided traffic safety is assured by appropriate paving, adequate leveling areas and avoidance of lateral curves. (f) Within 100 feet of an intersection, streets shall be approximately right angles. A distance of at least 150 feet shall be maintained between centerlines of offset intersecting streets. Intersections of more than two streets at one point shall be avoided. (g) All manufactured home parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night: a. All parts of the park street system shall average six - tenths (0.6) foot - candles and no part shall have less than one -tenth (0.1) foot - candle. b. Potentially hazardous locations, such as major street intersections and steps or stepped ramps shall be individually illuminated and shall have a minimum of three- tenths (0.3) foot- candles. Sec. 17'/2 -29. Off - street parking. (a) Off - street parking areas shall be provided in all manufactured home parks for the use of ® park occupants and guests. Such areas shall be furnished at the rate of not less than two 13 971216 -5m spaces for each manufactured home stand, each space to be accessible without moving another car. (b) Required car parking spaces-shall be so located as to provide convenient access to the mobile home or manufactured home, but shall not exceed a distance of 200 feet from the mobile home or manufactured home that it is intended to serve. See. 17'/2 -30. Sidewalks. (a) All parks shall be provided with safe, convenient all- season pedestrian access walks of adequate width for the intended use constructed of durable material and convenient to maintain, and such walk shall be placed between individual mobile homes, manufactured homes, recreational vehicles, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided. (b) A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of three feet. (c) All manufactured home stands shall be connected by individual walks to a common walk, or paved street, or to a paved driveway or parking space which is connected to a paved street. Such individual walks shall have a minimum width of two feet. Sec. 17V2-31. Water. An accessible, adequate, safe, and potable supply of water shall be provided in each manufactured home park. Where a public supply of water of satisfactory quantity, quality, and pressure is available, connection shall be made thereto and its supply used exclusively. When a satisfactory public water supply is not available, a private water supply system may be developed and used as approved by the health authority. A private water supply system shall comply with the requirements of the plumbing code for the city and the state. Sec. 17'/2 -32. Sewage. (a) An adequate and safe sewage system shall be provided in manufactured home parks. Such system shall be designed, constructed, and maintained in accordance with city ordinances and the city building code. (b) All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the park water supply system at a safe distance as provided by state law and city ordinances. Sewers shall be at a grade which will ensure adequate flow as provided in the building code. All sewer lines shall be 14 971216 -5n constructed of approved materials, shall be adequately vented, and shall have watertight joints. (c) Each manufactured home stand shall be provided with at least one four -inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the mobile home, manufactured home, or recreational vehicle drain outlet will approximate a vertical position. Each manufactured home stand shall be provided with a four -inch P -trap for the mobile home, manufactured home, or recreational vehicle sewer connection and be properly vented. (d) The sewer connection shall have an inside diameter not less than three inches, and the slope of any portion thereof shall be at least one - fourth inch per foot. The sewer connection shall consist of one pipe line only without any branch fittings. All joints shall be watertight. (e) All materials used for sewer connections shall be semi- rigid, corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth. (f) Provision shall be made_ foL capping the sewer riser pipe when neither a mobile home nor w,.e manufactured home occupies the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four inches above ground elevation. (g) Sewer lines laid on city easements or rights -of -way shall conform to all city codes and ordinances. (h) Where the sewer lines of the manufactured home park are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the inspecting authority prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the state except in compliance with the applicable law. Sec. 171/2 -33. Electrical distribution system. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with the building code and section 550 as well as all other applicable sections of the National Electrical Code, governing such systems. Sec. 17'/2 -34. Service buildings. (a) Applicability. The requirements of this section shall apply to service buildings, recreation buildings and other community service facilities when constructed including but not limited to: 0 1. Management offices, repair shops and storage areas; 15 971216 -5o is 2. Sanitary facilities; 3. Laundry facilities; and LJ 4. Indoor recreation areas. (b) .Barbecue pits, fireplaces, stoves and incinerators. Cooking shelters, barbecue pits, fireplaces, woodburning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisance both on the property on which used and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors. (c) Structural requirements for buildings: 1. A permanent type management office shall be constructed at each licensed manufactured home park. Construction standards for this office shall comply with the city building code. All other permanent type structures shall be at the option of the licensee. 2. All portions of a structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and other destructive elements. Exterior exposed portions of such materials shall be constructed and protected as to prevent entrance or penetration of moisture and weather. 3. All rooms containing sanitary or laundry facilities shall have: a. Sound - resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, nonabsorbent, waterproof material or covered with moisture- resistant material. b. At least one window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be not less than ten percent of the floor area served by them. C. At least one window which can be easily opened, or a mechanical device which will adequately ventilate the room. 4. Toilets shall be located in separate compartments equipped with self - closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open. 16 0 971216 -5p See. 17'/2 -35. Refuse handling. The storage, collection and disposal of refuse in the manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. Sec. 17'/2-36. Fuel supply. (a) Natural gas systems. 1. Natural gas- piping systems shall be installed and maintained in accordance with the building code and other regulations governing such systems. 2. Each manufactured home stand provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use. - (b) Liquefied petroleum gas systems. Liquefied petroleum gas systems shall be installed and maintained in accordance with applicable laws, ordinances and regulations governing such systems. Bulk storage and distribution system plans shall be submitted to the fire marshal for approval. (c) Fuel oil supply systems. 1. All fuel oil supply systems shall be installed and maintained in accordance with applicable laws, ordinances and regulations governing such systems. 2. Storage tanks located in areas subject to traffic shall be protected against physical damage. Sec. 17'/2 -37. Fire protection. (a) Manufactured home parks shall be kept free of litter, rubbish and other flammable materials. (b) Portable fire extinguishers of a type approved by the fire marshal shall be kept in service buildings and all other locations designated by the fire marshal or fire inspectors, and such extinguisher shall be maintained in good operating condition. (c) Fires shall be made only in stoves, incinerators and other equipment intended for such purposes. 17 0 Sec. 17'/2 -35. Refuse handling. El 971216 -5q The storage, collection and disposal of refuse in the manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. Sec. 17'/2-36. Fuel supply. (a) Natural gas systems. 1. Natural gas - piping systems shall be installed and maintained in accordance with the building code and other regulations governing such systems. 2. Each manufactured home stand provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use. (b) Liquefied petroleum gas systems. Liquefied petroleum gas systems shall be installed and maintained in accordance with applicable laws, ordinances and regulations governing such systems. Bulk storage and distribution system plans shall be submitted to the fire marshal for approval. (c) Fuel oil supply systems. 1. All fuel oil supply systems shall be installed and maintained in accordance with applicable laws, ordinances and regulations governing such systems. 2. Storage tanks located in areas subject to traffic shall be protected against physical damage. Sec. 17%2 -37. Fire protection. (a) Manufactured home parks shall be kept free of litter, rubbish and other flammable materials. (b) Portable fire extinguishers of a type approved by the fire marshal shall be kept in service buildings and all other locations designated by the fire marshal or fire inspectors, and such extinguisher shall be maintained in good operating condition. (c) Fires shall be made only in stoves, incinerators and other equipment intended for such purposes. 17 LJ 971216 -5r (d) Fire hydrants shall be located within 500 feet of any mobile home, manufactured home, service building or other structure in the park. Fire hydrant locations shall be determined by the fire marshal. ARTICLE III. NEW MANUFACTURED HOMES Sec. 17'/2 -38. Application of article. This article II shall apply only to all manufactured homes and all manufactured home parks, other than those specifically addressed in article II hereof. Manufactured homes shall for purposes of this article be treated as single - family residential structures. DIVISION 1. OUTSIDE MANUFACTURED HOME PARKS. Sec. 17'/2 -39. Established locations. (a) Manufactured homes shall be permitted by right in both the Urban Neighborhood District as well as the Mixed Use District as further defined in chapter 35. (b) Manufactured homes shall be permitted, subject to the residential design manufactured housing standards of section 35 -47, in the Neighborhood Conservation District as further defined in chapter 35. Sec. 17'/2 -40. Violation of deed restrictions No manufactured home shall be parked in violation of any enforceable deed restriction or covenant. Sec. 17%2 -41. Area requirements. (a) A manufactured home may be parked on a vacant lot or plot outside a manufactured home park as defined in section 17'/2 -2 (manufactured home lot), provided that all of the standards enumerated in chapters 26 and 27 and 35 applicable to residential developments and single - family residential dwelling units are satisfied. (b) If a lot is adjacent to two or more streets, the owner may designate any one side adjacent to a street to be the lot front; that portion of the lot opposite the designated front shall be considered the back lot line. 18 971216 —Ss (c) Only one manufactured home may be placed on a lot and no other single family dwelling units shall be allowed thereon. -Further only permitted accessory structures as described in chapter 35 shall be located on a lot with the manufactured home. (d) A manufactured home may be parked adjacent to a place of business, provided a spacing of ten feet from the nearest building, on the same property, is maintained, and five feet from any interior property lines, or not less than 15 feet set back from a street. Not more than one manufactured home shall be parked on the same lot or plot with a commercial building. No manufactured home shall be parked adjacent to a place of business where such placement would create a hazard to life, safety or health. Sec. 17` /Z -42. Utility connections and permits required. (a) All manufactured homes located outside a manufactured home park or manufactured home sales park for more than 48 hours shall be connected to all required utilities, and permits shall be obtained from the building official for a foundation, driveway, plumbing and electricity. (b) Manufactured homes located outside manufactured home parks will be connected by separate and individual water and sewer taps to the city services where such services are available. (c) The chief building official may permit the temporary parking of a manufactured home in a location outside an approved and licensed manufactured home park for a period in excess of forty -eight (48) hours, provided such location shall not create a health, traffic, or other hazard, and provided such manufactured home shall not be occupied. (d) All manufactured homes and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this chapter and other regulations, pamphlets, or data made a part hereof, when installed, repaired, or altered, shall be maintained in good working order. The owner or occupant shall be responsible for the maintenance of the manufactured home. (e) No manufactured home located outside a manufactured home park shall be parked in a flood hazard area, except as provided in chapter 12 %z of this Code. Sec. 17`/2 -43. Streets and driveways. (a) All manufactured homes shall be provided with streets or driveways for safe and convenient vehicular access from abutting public streets or roads to the parking area for the manufactured home. 0 (b) All driveways shall comply with residential driveway standards. 19 971216 -5t 0 Sec. 17'/: -44. Off - street parking. At least two off -street parking areas shall be provided for a manufactured home for the use of occupants and guests. DIVISION 2. WITHIN MANUFACTURED HOME PARKS. SUBDIVISION A. PERMITS AND LICENSES Sec. 17'/: -45. Construction permit required for manufactured home parks. (a) It shall be unlawful for any person to construct, alter or� extend any manufactured home park within the corporate limits of the city unless he first obtains a manufactured home park construction permit therefor from the city. (b) Application for such permit shall be made to the chief building official in triplicate and the following information and items shall be furnished: (1) Name and address of applicant; (2) Interest of the applicant in the manufactured home park; (3) Location and legal description of the manufactured home park; and (4) Complete engineering plans and specifications for the proposed park showing: a. The area and dimensions of the tract of land; b. A plat or map of the proposed manufactured home park showing the number, location and size of all manufactured home sites, widths of roadways and walkways, service buildings and other proposed structures; C. The location of water and sewer lines and riser pipes; d. Plans and specifications for the water supply and refuse and sewage disposal facilities; e. Plans and specifications for all buildings to be constructed within the manufactured home park; and f. The location and details of lighting and electrical systems. (c) A separate permit shall be required for the building, electrical, plumbing and ® driveway- sidewalk and other permits when required. 20 971216 -5u (d) The failure of any of the above items to meet specifications as required elsewhere in this chapter or in this Code shall be sufficient reason to deny the issuance of a construction permit. Sec. 17%2 -46. Manufactured home park operator's license required. (a) It shall be unlawful to establish, maintain or operate a manufactured home park without first securing a manufactured home park license. (b) The license shall be valid for a period of one year beginning on July 1 of each year and shall be renewable annually during the month of June. A nonrefundable license application investigation fee of $25.00 shall accompany each application for a license, provided such investigation fee will be allowed as a credit upon the license if it is granted. The license fee shall be determined by the following fee schedule: Under 16 manufactured home stands ........................... ..............................$ 50.00 16 through 40 manufactured-home stands ........................ ........................$100.00 41 through 60 manufactured home stands ......................... ........................$150.00 61 through 80 manufactured home stands ......................... ........................$200.00 Each stand in excess of 80 ........................................... ..............................$ 2.00 (c) The annual renewal license shall be determined by the following fee schedule: Under 16 manufactured home stands .............................. ..............................$ 20.00 16 through 40 manufactured home stands .................. ............................... $ 30.00 41 through 60 manufactured home stands .................. ............................... $ 40.00 61 through 80 manufactured home stands .................... ............................... $ 50.00 Over 80 manufactured home stands ................................... :........................ $ 60.00 (d) Prior to the issuance of any manufactured home park license, and each renewal thereof, the owner or operator must file with the city a list of the owners and occupants of all manufactured homes in the manufactured home park as of the prior January 1. 21 971216 -5v ® Sec. 171/2 -47. Inspection of manufactured home park. (a) The chief building official shall make such inspections as are necessary to ensure compliance with the provisions of this chapter and chapters 26 and 27 of the Code. (b) By the acceptance of the license, the licensee shall be deemed to authorize the inspection of a manufactured home park at all reasonable hours. Such hours shall usually be during normal working hours, and failure to permit such inspection shall be a ground for suspension or revocation of the license. Where there is reason to believe a violation may exist before or after the hours of normal inspection, the chief building official may authorize special inspections at any time. (c) Failure or refusal of a manufactured home park occupant to permit inspection by the inspecting authority, or to permit the licensee to make necessary repairs or alterations in compliance with the requirements of the inspecting authority shall constitute a ground for disconnection of the utilities serving such manufactured home. (d) Failure to comply with any of the requirements of this section shall be sufficient reason to deny the issuance of a manufactured home park license. Sec. 17%2 -48. Enforcement of manufactured home park operator's license; authority of chief building official to revoke or suspend. The chief building official shall have authority to suspend or revoke manufactured home park operators' licenses or to order utility disconnections as described in Section 17%2 -16. Sec. 17'/2 -49. Transfer of license. No sale, transfer or assignment of a revoked license or of a license during the period of suspension will be recognized by the city. However, a person may sell, transfer or assign his interest in a manufactured home park to another person who may then make application for a license to operate the manufactured home park under the provisions of this article only. SUBDIVISION B. STANDARDS Sec. 17 1/2 -50. Standards adopted by reference. The standards expressed in Subdivision B of Division 2 of Article I1 for manufactured homes as well as the standards concerning lot size, setback, construction of streets, infrastructure, utilities, and sidewalks required of single - family residential developments contained in chapters 26 and 27 are hereby adopted as the standards for manufactured home ® parks. In the event that such sections or provisions contained therein are inconsistent with one another, the more stringent section or provision shall control. 22 • 971216 -5w ARTICLE IV. RECREATIONAL VEHICLES Sec. 17'/2 -51. Application of article. This article V shall apply only to recreational vehicles and recreational vehicle parks. Only recreational vehicles shall be allowed to be placed within a recreational vehicle park. DIVISION 1. OUTSIDE RECREATIONAL VEHICLE PARKS Sec. 17'/2 -52. Recreational vehicles used as residences. No recreational vehicle shall be used as or occupied as a residence except in a licensed manufactured home park. Recreational vehicles so occupied shall comply with American Standard Association Pamphlet A 119.2 -1963, Plumbing, Heating and Electrical Systems in Travel Trailers. DIVISION 2. WITHIN RECREATIONAL VEHICLE PARKS SUBDIVISION A. PERMITS AND LICENSES Sec. 17'% -53. Construction permit required for recreational vehicle parks. (a) It shall be unlawful for any person to construct, alter or extend any recreational vehicle park within the corporate limits of the city unless he first obtains a recreational vehicle park construction permit from the city. (b) Application for such permit shall be made to the chief building official in triplicate and the following information and items shall be furnished: (1) Name and address of applicant; (2) Interest of the applicant in the recreational vehicle park; (3) Location and legal description of the recreational vehicle park; and (4) Complete engineering plans and specifications for the proposed park showing: a. The area and dimensions of the tract of land; b. A plat or map of the proposed recreational vehicle park showing the number, location and size of all recreational vehicle sites, widths of roadways and walkways, service buildings and other proposed structures; 23 971216 -5x C. The location of water and sewer lines and riser pipes; d. Plans and specifications for the water supply and refuse and sewage disposal facilities; C. Plans and specifications for all buildings to be constructed within the recreational vehicle park; and f. The location and details of lighting and electrical systems. (c) A separate permit shall be required for the building, electrical, plumbing and driveway- sidewalk and other permits when required. (d) The failure of any of the above items to meet specifications as required elsewhere in this chapter or in this code shall be sufficient reason to deny the issuance of a construction permit. Sec. 17'/: -54. Recreational vehicle park operator's license required. (a) It shall be unlawful to establish, maintain or operate a recreational vehicle park without first securing a recreational vehicle home park license. (b) The license shall be valid for a period of one year beginning on July I of each year and shall be renewable annually during the month of June. A nonrefundable license application investigation fee of $25.00 shall accompany each application for a license, provided such investigation fee will be allowed as a credit upon the license if it is granted. The license fee shall be determined by the following fee schedule: Under 16 recreational vehicle stands ........................... ..............................$ 50.00 16 through 40 recreational vehicle stands ......................... ........................$100.00 41 through 60 recreational vehicle stands .......................... ........................$150.00 61 through 80 recreational vehicle stands .......................... ........................$200.00 Each stand in excess of 80 ........................................... ..............................$ 2.00 (c) The annual renewal license shall be determined by the following fee schedule: Under 16 recreational vehicle stands .............................. ..............................$ 20.00 16 through 40 recreational vehicle stands ................... ............................... $ 30.00 41 through 60 recreational vehicle stands ................... ............................... $ 40.00 24 971216 -5y 0 61 through 80 recreational vehicle stands ..................... ............................... $ 50.00 • Over 80 recreational vehicle stands ............................. ............................... $ 60.00 (d) Prior to the issuance of any recreational vehicle park license, and each renewal thereof, the owner or operator must file with the city a list of the owners and occupants of all recreational vehicles in the recreational vehicle park as of the prior January 1. Sec. 17%2 -55. Inspection of recreational vehicle park. (a) The chief building inspector shall make such inspections as are necessary to ensure compliance with the provisions of this chapter. (b) By the acceptance of the license, the licensee shall be deemed to authorize the inspection of a recreational vehicle park at all reasonable hours. Such hours shall usually be during normal working hours, and failure to permit such inspection shall be a ground for suspension or revocation of the license. Where there is reason to believe a violation may - exist before or after the hours of normal inspection, the chief building official may authorize special inspections at any time. (c) Failure or refusal of a recreational vehicle park occupant to permit inspection by the inspecting authority, or to permit the licensee to make necessary repairs or alterations in compliance with the requirements of the inspecting authority shall constitute a ground for disconnection of the utilities serving such recreational vehicle. (d) Failure to comply with any of the requirements of this section shall be sufficient reason to deny the issuance of a recreational vehicle park license. Sec. 171/2-56. Enforcement of recreational vehicle park operator's license; authority of chief building official to revoke or suspend. The chief building official shall have authority to suspend or revoke recreational vehicle park operators' licenses or to order utility disconnections as described in Section 17'/2 -16. Sec. 17'/2 -57. Transfer of license. No sale, transfer or assignment of a revoked license or of a license during the period of suspension will be recognized by the city. However, a person may sell, transfer or assign his interest in a recreational vehicle park to another person who may then make application for a license to operate the recreational vehicle park. 25 971216 -5z 0 SUBDIVISION B. STANDARDS Sec. 17 '/2 -58. Standards adopted by reference. The standards expressed in Subdivision B of Division 2 of Article II are hereby adopted as the standards for recreational vehicles and recreational vehicle parks. In the event that such sections or provisions contained therein are inconsistent with one another, the more stringent section or provision shall control. Section 3: That Chapter 7 `Buildings," Article I "In General," Section 7 -4.1 "Same — Amendments," Subsection 103 "Permits" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended, in part, to read as follows: CHAPTER 7 BUILDINGS ARTICLE I. IN GENERAL .. Sec. 7 -4.1. Same — Amendments. . . - Section 103, "Permits," shall be amended by adding the following exception: A portable building not exceeding two hundred forty (240) square feet, used for residential storage and built in one piece on skids, shall not be required to have a moving permit or a building permit Such portable buildings shall be tied down on all four (4) corners by the use of mobile home or manufactured home tie -downs and a placement fee of ten dollars ($10.00) shall be required. Section 4: That Chapter 7 `Buildings," Article I "In General," Section 7 -10 "Construction board of adjustments and appeals," Subsection (b) "Appeals" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 7 BUILDINGS ARTICLE 1. IN GENERAL Sec. 7 -10. Construction board of adjustments and appeals. (b) Appeals. The owner of a mobile home, manufactured home, recreational vehicle, manufactured home park, recreational vehicle park, building or structure or his duly authorized agent may appeal a decision of the chief building official to the construction board of adjustments and appeals when: (1) The chief building official rejects or refuses to approve the placement of mobile homes, manufactured homes, recreational vehicles, or the standards, plans or construction of manufactured home parks or recreational vehicle parks; 26 971216 -5aa ® (2) The chief building official revokes or suspends any license or permit; • (3) The chief building official gives a utility disconnect order; (4) The chief building official rejects or refuses to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building or structure; (5) It is claimed that the provisions of the building code, mechanical code or the plumbing code do not apply, or that any equally good or more desirable form of installation can be employed in any specific case; or (6) It is claimed that the true intent and meaning of the building, mechanical, plumbing, or manufactured home codes or ordinances, or any of the regulations thereunder have been misconstrued or incorrectly interpreted. Notice of appeal shall be in writing addressed to the construction board of adjustments and appeals and filed within ten days after the decision is rendered by the chief building official. Appeals shall be on forms provided by the chief building official. Section 5: That Chapter 14 "Garbage," Article I "In General," Section 14 -3 "Commercial refuse," Subsection (a) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: 14. GARBAGE ARTICLE I. IN GENERAL Sec. 14 -3. Commercial refuse. (a) The city shall not collect garbage, trash, or brush from commercial establishments other than certain small businesses that contract with the city for collection pursuant to article VI of this chapter. Apartment complexes, recreational vehicle parks or manufactured home parks exceeding eight (8) units shall be considered commercial establishments. Section 6: That Chapter 14 "Garbage," Article V "Commercial Waste Disposal," Section 14 -20 "Definitions," Subsection (a) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended, in part, to revise the definition of "commercial waste" to read as follows: 27 971216 -5bb • CHAPTER 14. GARBAGE ARTICLE V. COMMERCIAL WASTE DISPOSAL Sec. 14 -20. Definitions. (a) In this article: Commercial waste means any putrescible or nonputrescible, combustible or noncombustible discarded or used materials including solid, liquid, semisolid, or contained gaseous material such as garbage, trash, brush, leachate, building waste and junk, generated by industrial or manufacturing processes, food preparation or service, agricultural operations, oil and gas recovery, institutional, governmental or religious activities, retail or wholesale stores or shops, apartment complexes, condominium projects or manufactured home or recreational vehicle parks exceeding eight (8) units, tree or lawn services, fishing operations and other commercial activities. Section 7: • That Chapter 25 "Sewer and Water Line Extensions" Article I "In General," Section 25 -2 "Definitions," Subsection (6) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 25. SEWER AND WATER LINE EXTENSIONS ARTICLE I. IN GENERAL Sec. 25 -2. Definitions. (6) Multifamily dwelling property. Property on which structures designed for or to be used for occupancy by more than two (2) families are constructed or on which more than two mobile homes or manufactured homes are placed. Section 8: That Chapter 27 "Subdivisions" Article IV "General Standards," Section 27- 43 "Lots," Subsection (f) "Minimum lot sizes," Subsection (11) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 27. SUBDIVISIONS. ARTICLE IV. GENERAL STANDARDS Sec. 27 -43. Lots. (f) Minimum sizes. In a subdivision, the minimum lot sizes shall be as follows: 28 971216 -5cc ® (11) For lots with an exclusive manufactured home subdivision proposed inside the city limits, the minimum lot size shall be 5,400 square feet per manufactured home. For developments outside the city, county standards shall prevail. All developments not proposed exclusively for mobile homes shall retain the single - family minimum lot size. Two off - street parking spaces shall be required per unit. Section 9: That Chapter 31 "Utilities," Article IV "Water Service," Section 31 -56 "Water rates," Subsection (c) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended by revising the definitions of "mobile home" and "residential- design manufactured housing" to read as follows: CHAPTER 31. UTILITIES ARTICLE N. WATER SERVICE See. 31 -56. Water rates. (c) Manufactured .home parks and recreational vehicle parks. The monthly water service - charge for manufactured home parks and recreational vehicle parks shall be determined as follows: (1) The total water consumption for the project will be divided by the actual number of rented spaces served by the meter at the time the meter is read to determine the per -unit water consumption; (2) The per -unit water consumption will determine the applicable water service charge for each rented space based upon the above rate schedule; and (3) The applicable charge for each rented space will be multiplied by the actual number of rented spaces in the project served by the meter to determine the monthly water service charge for the project. Section 10: That Chapter 31 "Utilities," Article V "Sewer Service," Section 31 -65 "Sewer service charge," Subsection (D) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended by revising the definitions of "mobile home" and "residential- design manufactured housing" to read as follows: CHAPTER 31. UTILITIES ARTICLE V. SEWER SERVICE (D) Manufactured home parks. Manufactured home parks shall be charged for and owe each a sanitary sewer service charge based upon consumption of water attributed to it as . determined by the provisions of this code relating to water charges applied to the 29 971216 -5dd • following usage and the rate schedule for sewer service: --'GALLONS-O --'GALLONS-OF WATER. USEU 0 BE MONTH First 2,000 gallons times the number of occupied Minimum monthly rate times the number of spaces occupied spaces Excess of 2,000 gallons times the number of Standard rate occupied units, per 1,000 gallons Occupied spaces in the project shall be taken to be the total number of spaces in the project, unless the project manager shall report to the city on the form provided in Annex "A" the actual number of occupied spaces. "ANNEX All Utility Billing Supervisor City of Baytown P.O. Box 424 Baytown, Texas 77520 Dear Sir: I hereby certify that I am the owner (or manager) of a multifamily dwelling project located at Street, Baytown, Texas. This project is known as the (indicate the project's name, if applicable). I hereby certify that the aforementioned project has (number) units. I further certify that as of the first day of the current calendar month, there were (number) occupied units in the project, and that there were (number) unoccupied units. I understand that the information hereby given is to be used by the City of Baytown in computing the current month's sewer service charge for this project. I also understand that this information must be received by the City of Baytown no later than the 10th day of each month in order to be considered. I further understand that the information hereby given may be verified at any time upon the request of the Utility Office Manager of the City of Baytown. (Signature) Manager or Owner Section 11: All Ordinances or parts of Ordinances inconsistent with the terms of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. Section 12: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this Ordinance or the application of same to any person or the set of circumstances, • shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the 30 971216 -5ee validity of the remaining provisions of this Ordinance or their application to other persons or sets of circumstances and to this end all provisions of this Ordinance are declared to be severable. Section 13: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 16`h day of December, 1997. ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: =4wwo 4�n�4� ACIO RAMIREZ, S City Attorney • c: klh7I\ CouncihOrdinance\ AmendChapterI7 .5 &D.Clean.0rdinance 31 z� e. AzAvv- PETE C. ALFAR , Mayor