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Ordinance No. 11,437ORDINANCE NO. 11,437 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS. AMENDING CHAPTER 2-ADMINISTRATION." ARTICLE V "FINANCE," DIVISION 1 "GENERALLY. SECTION 2 -595 "FEES FOR VARIOUS CITY SERVICES." SUBSECTION (B) "DEVELOPMENT SERVICES" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY ADDING A NEW SUBSECTION TO BE NUMBERED AND ENTITLED SUBSECTION (12) `RECREATIONAL VEHICLE PARK LICENSE/RENEWAL" TO UPDATE FEES FOR SUCH LICENSES AND RENEWALS; REPEALING ARTICLE IV "RECREATIONAL VEHICLES," CHAPTER 58 "MANUFACTURED HOMES. MOBILE HOMES AND PARKS" OF THE CODE OF ORDINANCES, BAYTOWN. TEXAS, IN ITS ENTIRETY. AMENDING CHAPTER 58 "MANUFACTURED HOMES, MOBILE HOMES AND PARKS" OF THE CODE OF ORDINANCES. BAYTOWN. TEXAS, TO RENAME THE SAME AS CHAPTER 58 "MANUFACTURED HOMES, MOBILE HOMES. RECREATIONAL VEHICLES AND PARKS ": AMENDING CHAPTER 58 "MANUFACTURED HOMES. MOBILE HOMES. RECREATIONAL VEHICLES AND PARKS" BY ADDING A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE IV "RECREATIONAL VEHICLES" OF TIIE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO UPDATE THE REGULATIONS AND LICENSING REQUIREMENTS PERTAINING TO RECREATIONAL VEHICLE PARKS: PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE: AND PROVIDING FOR TI 1E PUBLICA`I "ION AND EFFECTIVE DATE THEREOF. WHEREAS, the City desires to ensure that recreational vehicle parks are located. developed, maintained, and occupied in accordance with standards and regulations which protect the health, safety. and general welfare of the occupants and operators of such parks and the citizens of the city: and WHEREAS, recreational vehicle parks licensed and operating as of the date of the passage of this ordinance by the City Council of the City of Baytown may continue to operate as long as they are maintained in accordance with the standards and as permitted in effect at the time of their construction. which, in part, are incorporated herein; and WHEREAS, such existing recreational vehicle parks seeking a permit to expand the park after the effective date of this ordinance will have to comply with all of the standards set forth herein for such expansion and access thereto: and WI- IEREAS, nothing contained herein shall be construed to exempt any park from being maintained in a manner to ensure a clean and safe environment for recreational park users, operators and the general public; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 2 "Administration," Article V "Finance," Division 1 "Generally, Section 2 -595 "Fees for various city services." Subsection (b) "Development Services" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended by adding a new subsection to be numbered and entitled subsection (12) "Recreational Vehicle Park L,icense/Renewal,' which subsection shall read as follows: CfLAPTER 2. ADMINISTRATION ARTICLE V. FINANCE Division 1. Generally Sec. 2 -595. Fees for various city services. b. Development Services. Any person applying to the city for a permit shall pay to the city, prior to the issuance of the permit, a permit fee for any improvement based upon the following schedules. If work for which a permit is required by this code is commenced prior to obtaining the required permit, the fees specified in this subsection shall be doubled. The payment of this fee shall not relieve any person from any penalties or enforcement action arising from a person's failure to timely obtain the requisite permit. 12. Recreational Vehicle Park License /Renewal. A nonrefundable license application investigation fee of $50.00 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 deternined by the following fee schedule: Under 25 recreational vehicle stands ........... ........................$150.00 25 through 50 recreational vehicle stands ..... .........................250.00 51 through 75 recreational vehicle stands ..... .........................350.00 76 through 100 recreational vehicle stands ... .........................450.00 Each stand in excess of 100 ............................ ...........................5.00 The annual renewal license shall be determined by the following fee schedule: Under 25 recreational vehicle stands ............ .........................$90.00 25 through 50 recreational vehicle stands ..... .........................110.00 51 through 100 recreational vehicle stands ... .........................120.00 101 through 150 recreational vehicle stands .......................... 170.00 Over 150 recreational vehicle stands ............ .........................200.00 2 Section 2: That Chapter 58 "Manufactured Homes, Mobile Homes and Parks," Article IV "Recreational Vehicles" of the Code of Ordinances, Baytown, Texas, is hereby repealed in its entirety. Section 3: That Chapter 58 "Manufactured Homes, Mobile Homes and Parks" of the Code of Ordinances, Baytown, Texas. is hereby renamed to be entitled Chapter 58 "Manufactured Homes, Mobile Homes, Recreational Vehicles and Parks." Section 4: That Chapter 58 "Manufactured Homes, Mobile Homes, Recreational Vehicles and Parks" Article IV "Recreational vehicles" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended by adding a new article to be numbered and entitled Article IV "Recreational Vehicles." which article shall read as follows: CHAPTER 58. MANUFACTURED H01IES, MOBILE HOMES AND RECREATIONAL VEHICLES AND PARKS. ARTICLE IV. RECREATIONAL VEHICLES Division 1. In General. 58- 231. Purpose. The purpose of this article shall be to ensure that recreational vehicle parks are located. developed, maintained, and occupied in accordance with standards and regulations which protect the health, safety, and general welfare of the occupants and operators of such parks and the citizens of the city. 58- 232. Applicability; grandfathering. (a) Neiv recreational vehicle parks. This article shall apply to all new recreational vehicle parks as defined in section 58 -233. (b) Existing recreational vehicle parks. For purposes of this article. existing recreational vehicle parks as defined in section 58 -233 shall be subject only to divisions 1 and 3 of this article and to the following regulations established in this division 2 of this article except as otherwise provided by V.T.C.A.. Local Government Code ch. 245: (1) drainage standards as specified in section 58 -252; (2) tent standards as specified in section 58 -254; (3) lighting standards as specified in section 58 -258: (4) parking standards as specified in section 58 -259 (a), (c), (e), (1), (g), and (h); (5) sidewalk standards as specified in section 58 -260; 3 (6) water standards as specified in section 58 -261; (7) wastewater stauidards as specified in section 58 -262; (8) electrical distribution system standards as specified in section 58 -263; (9) fire protection standards as specified in section 58 -264: (10) maintenance standards as specified in section 58 -265; (11) campground standards as specified in section 58 -266; and (12) cottage and cabin standards as specified in section 58 -267. 58 -233. Definitions. The following words, terms and phrases when used in this article, shall have the meaning ascribed to them in this section, except when the context clearly indicates a different meaning: All- weather staface means an area. which is usable or operative in all kinds of weather over which emergency and the area's typical passenger vehicles can pass at all times and which is constructed of a material. such as brick, pavers, asphalt or concrete over compacted sub -base and base as appropriate, which does not create mud during rainfall. Building codes shall mean those codes adopted and amended in chapter 18 of this code, including, the building code, the electrical code, the plumbing code, the mechanical code. the fuel gas code. the property maintenance code, and the energy conservation code. Cabin means a structure for use by a guest and is greater than 120 square feet in size with or without a kitchen and /or with or without a bathroom for guests of a recreational vehicle park. Campground means an area on which campsites intended for occupancy overnight or longer by persons using a tent or a recreational vehicle not equipped with plumbing are provided inside the recreational vehicle park. Cottage means site -built or manufactured structure. which is (i) deliverable on a single chassis. (ii) greater than 120 square feet. and (ii) equipped bathroom and kitchen facilities, for guests of a recreational vehicle park. Driveway system means a private facility providing access for vehicles and pedestrians to parking spaces, garages, dwellings. or other structures or land uses. Existing recreational vehicle park means a recreational vehicle park that (1) was: (a) existing and licensed on September 19, 2010: (b) existing and licensed on September 19, 2010, and that are in the process of modification or improvement under building licenses and permits granted prior to September 19, 2010: or (c) existing and licensed on September 19, 2010, and that are thereafter modified, expanded or improved within the boundaries of the existing park, as identified on a previously approved (i) plat, which has not expired, (ii) plans permitted by the city, which have not expired, or (iii) license application provided the resulting license is in effect on September 19, 2010: and (2) has been licensed (a) continuously since September 19, 2010, or (b) since September 19, 2010, with no gap in licensure under this article at any one time of more than one year. Land development regulations shall mean regulations contained in this code which arise due to the construction, rehabilitation or expansion of a recreational vehicle park, including, but not limited to, those regulations contained in chapters 18, 126, and 130. New recreational vehicle park means a recreational vehicle park that is not an existing recreational vehicle park. Off street parking means space designed to be occupied by parked vehicles on premises other than along a public street or the designated drive lanes of a driveway system or a private street. Operator means an owner, landlord, and/or manager of a recreational vehicle park. Park model means a recreational vehicle, which does not exceed 400- square feet, sits on a single chassis typically placed on rented, leased or purchased sites in recreational vehicle park and is built to the ANSI 119.5 standard as set forth by the Recreational Park Trailer Industry Association. Public street means a roadway, alley. road, right -of -way, or other public way. including a curb, berm, shoulder and all other paved or unpaved portions of the right -of- way, which is owned or maintained by a governmental entity. Recreation area means an area designed for open space or recreation for exclusive use of the users of a recreational vehicle park and meeting the standards specified in section 58 -255. Recreational vehicle means a motor vehicle primarily designed as living quarters for recreational camping or travel use. The term includes a travel trailer, park model, camping trailer, truck camper. and motor home. Recreational vehicle park means a parcel of land on which at least five (5) 5 recreational vehicle stands are located. Recreational vehicle stand ineans the all weather surface, individual vehicle parking spaces, individual green space and required utility connections (e.g., water, sewer, electricity) and optional utilities (e.g., cable, internet). Tent means a collapsible movable shelter consisting of a tough fabric held up by poles and kept in place by a system of ropes and pegs or a self - supporting frame. Washroom means a public building designed for the use of the guests of the recreational vehicle park that includes separate rest rooms for males and females and separate showers for males and females. Sec. 58 -234. Location of recreational vehicles. Recreational vehicles may only be occupied as a residence in a licensed recreational vehicle park or manufactured home park. unless: (1) permitted pursuant to section 22 -102 of this code: or (2) located in a subdivision for which a plat is recorded in the county real property records on or before April 22, 1999. and in which a majority of the lots are subject to deed restrictions expressly allowing recreational vehicles to be used and occupied as residences. Division 2. Standards. Sec. 58 -251. Applicability of standards. (a) Generally. Except as provided in Section 58.232 (b) or subsection (b) of this section, the standards set forth in this division shall apply to all recreational vehicle parks. (b) Exception. Sections 58 -255 and 58 -259 shall not apply to recreational vehicle parks containing twenty -four (24) or fewer recreational vehicle stands, tents, or a combination thereof Sec. 58 -252. Drainage. The drainage standards that apply to commercial development, to commercial plats, and to property for which a commercial building permit is sought and /or civil site plan is required are applicable to recreational vehicle parks. Sec. 58 -253. Spacing. Recreational vehicles shall be separated from each other and from other buildings, structures, and recreation space by at least ten feet on the sides and end -to -end. 6 Sec. 58 -254. Tents. Tents, except for occasional use at a dwelling unit, shall be located only in licensed recreational vehicle parks, where adequate washrooms are provided. Sec. 58 -255. Recreation area. (a) Recreational vehicle parks shall contain at least one outdoor recreation area that shall be easily accessible to all recreational vehicle park users by sidewalks, walking paths. or other all- weather surfaces. (b) The size of the recreation area shall at a minimum be (i) 2,500 square feet or (ii) 100 square feet for each recreational vehicle stand. whichever is greater. (c) Recreation areas shall be so located as to be free of traffic hazards and shall not be adjacent to an arterial street. a freeway or a collector street as designated in the city's thoroughfare plan, unless a five (5) foot fence separates the recreation area from the arterial street, a freeway or a collector street. (d) If the recreation area includes a swimming pool, it shall be permitted in accordance with article XIII, Chapter 42 of this code and follow all applicable regulations of the city of and the state. (e) Any recreation facilities to be open after dark shall be lit and shall provide lighting that is appropriately designed to not spill onto adjacent properties and to provide appropriate lumens for nighttime foot traffic. Sec. 58 -256. Setbacks, buffers. (a) Recreational vehicle parks shall comply with the setback and buffers for the zoning district in which they are located. (b) The minimum distance between individual recreational vehicles and the pavement of a driveway system shall be four feet (4'). (c) The minimum distance between individual recreational vehicles and common areas such as recreation areas, dumpsters. washrooms and office space shall be ten feet (10') on the sides and end -to -end. (d) All recreational vehicle parks shall be separated from all adjacent residential uses by an opaque screen. which shall consist of at least: (1) a six -foot (6') high berm; (2) a six -foot (6') high fence: (3) a six -foot (6') high wall; (4) evergreen shrubs six foot (6') high at the at the time of installation or to be six feet (6') high at the end of the first growing season with no visible breaks between shrubs; or 7 any combination of the four. Sec. 58 -257. Driveway system. (a) All recreational vehicle parks shall be provided with safe and convenient vehicular access from abutting public streets to the internal parking area, internal driveway system or recreational vehicle stands. (b) All recreational vehicle parks shall comply with driveway standards as specified in section 122 -91 of this code. Interior driveways or roadways in a recreational vehicle park are not required to be built to public or private street standards. (c) Interior circulation in recreational vehicle parks may be on a system of driveways as long as the driveway system at appropriate locations provides for and has appropriately dedicated required fire lanes. (d) Driveway systems within a recreational vehicle park shall meet the following minimum width standards, free from vehicular parking: (1) One -way drive width: minimum twelve feet (12'); and (2) Two -way drive width: minimum twenty -four feet (24') wide. Sec. 58 -258. Lighting All recreational vehicle parks shall be furnished with lighting in order to provide the following average maintained levels (illumination for the safe movement of pedestrians and vehicles at night): (1) All parts of the recreational vehicle park driveway system shall average 0.6 foot - candles and no part shall have less than 0.1 foot - candle: and (2) Potentially hazardous locations, such as major street or driveway intersections and steps or stepped ramps shall be individually illuminated and shall have a minimum of 0.3 foot- candles. Sec. 58 -259. Off - street parking. (a) Parking areas shall be provided in all recreational vehicle parks for the use of recreational vehicle park users and employees. (b) Parking areas shall be furnished at the rate of at least two spaces for each recreational vehicle stand. (c) Recreational vehicle parks shall provide vehicle parking off an internal driveway system rather than off a public street. (d) Spaces associated with a recreational vehicle stand shall be on or immediately adjacent to the recreational vehicle stand for which they are required. (e) Parking spaces may be tandem or side by side. (f) Each parking space shall be (i) at least 9 feet by 18 feet in size. (g) Each space shall be an all - weather surface, and maintained in good condition. (h) Vehicles other than recreational vehicles are allowed to park within the driveway system provided: (1) the parking space is at least 9 feet x 18 feet in size; and (2) the minimum traffic widths contained in section 58 -257 are satisfied even with the parking space: (i) Additional parking is not required for the recreation area in a recreational vehicle park unless the recreation area includes a pool and clubhouse. If the recreation area includes a pool and clubhouse at least five additional parking spaces are required. The office shall have a space for recreational vehicle check -in and office parking. Where a laundry facility or a .vashroorn is provided, each shall have at least two parking spaces. Sec. 58 -260. Sidewalks. An all- weather sidewalk system shall be provided and maintained between locations where pedestrian traffic is concentrated where an alternate all - weather walking surface is not provided. Such sidewalks shall have a minimum width of three feet. Sec. 58 -261. Water. Potable water shall be provided in a recreational vehicle park pursuant to city and state regulations. Building permits shall not be issued in any case where potable water meeting city standards cannot be provided by operator /developer pursuant to code requirements. Sec. 58 -262. Wastewater Wastewater facilities shall be provided pursuant to city and state regulations. Building permits shall not be issued in any case where wastewater collection facilities meeting city standards cannot be provided by operator /developer pursuant to code requirements. Sec. 58 -263. Electrical distribution system. Every recreational vehicle park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with all applicable sections of this code and the codes adopted therein. 9 Sec. 58 -264. Fire protection. The recreational vehicle park shall at all times be maintained in compliance with all applicable fire regulations adopted by the city. Sec. 58 -265. Maintenance. All recreational vehicle parks shall be maintained in accordance with all maintenance and health standards of this code, including, but not limited to, chapters 18, 26 and 42. Sec. 58 -266. Campgrounds. Campgrounds may include a slab for each tent and shall be equipped with electrical and water connections. In cases where the renter of a space in the campgrounds is unable to connect to water and sewer. the recreational vehicle park shall provide a washroom. Sec. 58 -267. Cottages and Cabins. (a) Cottages. (1) When a cottage is a park model, such cottage placed within a recreational vehicle park must be in compliance with the ANSI Recreational Park Trailer Standard ANSI Al 19.5, 2009 Edition. (2) When a cottage is a modular building and subject to the state industrialized housing standards, it must be placed on permanent foundation and when placed in a recreational vehicle park must comply with the building codes of the city. (3) When a cottage is a manufactured home. it must supply ground anchors and tie downs and must be skirted in accordance with all applicable manufactured housing regulations of the city and the state. (4) If a cottage is site - built. it must meet all requirements of the building codes of the city. (5) Cottages must comply with the state architectural barriers act, including the regulations therein concerning parking spaces and building accessibility. (b) Cabins. (1) A site plan for each cabin is required. which plan shall show the placement on the lot. and permanent connections to water and wastewater systems in cases in which bathrooms or kitchens are provided. (2) Each cabin, with the exception of the requirement to provide a bathroom(s) and kitchen, must meet the building codes and the fire code adopted in section 38 -61 of this code. 10 (3) Cabins raised above base elevation shall include ramps and steps meeting all applicable requirements of chapter 18 of this code and the building codes. (4) Cabins that do not supply bathrooms or kitchens may only be located in recreational vehicle parks that supply washrooms in compliance with section 58 -268. (5) Cabins must comply with the state architectural barriers act, including the regulations therein concerning parking spaces and building accessibility. Sec. 58 -268. Washrooms. (a) The number of restrooms and showers shall be commensurate with the number of sites for cabins. vehicles and/or tents without internal restrooin/shower facilities that may park in the recreational vehicle park and shall be determined in accordance with the standards contained in chapter 18. (b) A recreational vehicle park with 25 spaces for cabins vehicles and/or tents without internal restroom /shower facilities shall provide one washroom with one male and one female restroom and one shower for each sex. For each increment of 25 or less spaces for cabins vehicles and/or tents not provided with wastewater connections, an additional toilet and shower for each sex shall be provided. Division 3. License. Sec. 58- 292. Annual Operating Licensing. (a) Prior to establishing, maintaining or operating a recreational vehicle park, the operator of the recreational vehicle park shall obtain recreational vehicle park operating license from the city. (b) "The annual operating license shall be valid for a period of one year beginning upon the date of issuance of the license by the chief building official and must be renewed annually. (c) The chief building official shall have authority to suspend or revoke recreational vehicle park operators' licenses or to order utility disconnections. (d) The chief building official shall revoke any license for which the operator has failed to comply with this article. (e) A recreational vehicle park operating license issued under this division is not transferable, assignable or divisible and it is a violation of these regulations for any person to attempt to do so. (f) If a recreational vehicle park is sold or transferred. the new operator shall make application for a license in order to continue to operate the recreational vehicle park within ten days after such sale or transfer. If such application has been filed within the ten -day period, the new operator will have sixty days from the sale or transfer to secure a new recreational vehicle license. Sec. 58- 293. Application. No recreational vehicle park operating license shall be issued under this division until the operator makes application in writing on a form to be furnished by the chief building official. Such application shall be verified under oath and shall at a minimum contain the following information: (a) A description of the park, including its address and legal description; (b) A site plan to scale depicting the location of recreational vehicle stands, cabins, cottages, recreational areas, parking, the driveway system, washrooms, and campgrounds. (c) The names, addresses, and telephone numbers of all owners with a right of control over the property; (d) The name, address, and telephone number of the property manager or agent, and whether the property manager or agent has the authority to independently act on the owner's behalf to repair or maintain the recreational vehicle park; (e) The name, address, and telephone number of a person, who will respond in case of emergency; (f) Number of recreational vehicle stands. cottages, and cabins; and (g) Any reasonably related additional information required by the chief building official. Sec. 58 -294. Inspection. (a) The chief building official may conduct: (1) Inspections for issuance of certificate of occupancy for offices, washrooms, and other structures for which a building permit is required in the recreational vehicle park pursuant to chapter 18 of this code. (2) Periodic inspections: and (3) Follow -up inspections. 12 (b) The following areas of a recreational vehicle park shall be subject to periodic inspection by the chief building official: (1) all building exteriors and (2) all exterior and interior common areas. (c) The chief building official may inspect portions of a recreational vehicle park as frequently as the chief building official deems necessary. The chief building official shall schedule periodic inspections no less frequently than once every year. (d) The operator of a recreational vehicle park shall make all exteriors, all exterior and interior common areas, available to the chief building official for inspections at all reasonable times. (e) The operator of a recreational vehicle park that fails a periodic inspection shall correct all violations identified by the periodic inspection report within 30 days after receipt of the periodic inspection report or within a reasonable time after receipt of the periodic inspection report in accordance with industry standards as specified by the chief building official. (f) If the recreational vehicle park fails the first follow -up inspection, the city shall assess the operator a subsequent follow -up inspection fee of $50.00 for the recreational vehicle park I'm which a violation persists. The follow -up inspection fee shall be paid in advance of the required follow -up inspections. Section 5: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction. shall be punished by a fine not exceeding FIVE HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 6: 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 7: 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 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. 13 Section 8: 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 affi ati e vote t e Cit City of Baytown, this the 91h day of September, ?010. 1 A DAVID MCCARTNEY, Makor Rro Tem -� NACIO RAMIREZ, SR., Ci Attorney R:'Xaren \Piles \City Council \0rdinances\20IOLSeptetnber 9\Proposed Recreational vehicle Park Regulations with Cottages and CahinsClean 9- 2- 201O.doc 14