§ 28-3. Special permits for manufactured homes and recreational vehicles for placement within city limits, but outside HUD code manufactured parks and subdivisions.

(a)

The city council after hearing and recommendation by the planning and zoning commission may grant a special permit for the location of a HUD-code manufactured home or recreational vehicle outside a manufactured home park, if it is to be used for one family dwelling within the city limits.

(b)

A public hearing shall be held by the planning and zoning commission to determine the special circumstances of applicant seeking such permit and that the granting of the special use permit will not adversely affect the character, use or monetary value of surrounding property; does not modify the intent of the land use plan or zoning plan; and will not adversely affect traffic, safety, health, public utilities and general welfare. Upon recommendation made by planning and zoning commission, the city council shall consider the recommendation and act on the application for the special permit.

(c)

A special use permit may not be issued for a HUD-code manufactured home to be located in any residential zone for any commercial purpose.

(d)

HUD-code manufactured homes may also be placed in ____________ districts (____________) for offices or dwellings by special use permit. No more than one HUD-code manufactured home per business may be so placed.

(e)

HUD-code manufactured homes shall not be placed in residential zones for temporary commercial purposes.

(f)

Procedures.

(1)

All special use permit applications shall be accompanied by an annual fee of $150.00;

(2)

Such person shall first file an application with the code enforcement department, giving the name and address of the applicant, the use of HUD-code manufactured home or recreational vehicle (whether residential or commercial) and if rental, a copy of the lease agreement or if other arrangement, name and address of tenant or person to reside therein;

(3)

The application must contain a legal description of the property upon which said HUD-code manufactured home or recreational vehicle is to be located;

(4)

A description of the HUD-code manufactured home or recreational vehicle, serial number, and photo of the HUD-code manufactured home or recreational vehicle must be attached to the application;

(5)

The code enforcement department, after receipt of the nonrefundable $150.00 permit filing fee, shall proceed with contacting all property owners of record utilizing the most current tax record maintained by the Live Oak Appraisal District within 200 feet of any portion of the property that the permit is being requested by certified mail, return receipt requested (herein "contact letter");

(6)

The contact letter shall contain the complete physical address of the property for which the request for permit is made. The letter shall advise that an objection must be submitted by written letter signed by the property owner of record within 200 feet stating the reason for objection;

(7)

The objection by written letter signed by the property owner of record within 200 feet shall be addressed to the code enforcement department and must be received by the city within ten business days after the date of the mailing of such letter by the city. An objection(s) or lack of objection shall not bind the planning and zoning commission or the city council to deny or approve the permit;

(8)

The applicant must show that there exits adequate water and sanitary wastewater facilities within a reasonable distance of such HUD-code manufactured home or recreational vehicle location, or that upon location upon such premises, the same shall be provided within 30 days of the granting of the permit;

(9)

The applicant must show that there exists electricity provided to the HUD-code manufactured home or recreational vehicle by a retail electric provider as defined by the Texas Utilities Code and in no event shall a permit be issued in the event the applicant seeks to use or uses a generator as the primary source of electricity; and

(10)

The applicant must show that the location of any HUD-code manufactured home or recreational vehicle and all utilities, including, but not limited to, electrical, water and sanitary wastewater utilities are provided to such HUD-code manufactured home or recreational vehicle and conform to this section and all ordinances of the city.

(g)

In the event a permit is granted by the city council after recommendation for approval by the planning and zoning commission, such permit shall be issued to the applicant only; however, such permit shall not be issued until after all the required utilities have been properly permitted, installed, and connected to such HUD-code manufactured home or recreational vehicle as required by the applicable city ordinances (including, but not limited to, the electrical, plumbing, and water tap requirements, water meter deposit paid and meter installed, electrical lines, sewer line and tap requirements, and other requirements of this section and all applicable city ordinances).

(h)

A permit shall be renewed annually, shall be issued for a calendar year, and shall expire in December of every year regardless of date of issuance unless suspended or earlier cancelled.

(i)

A permit issued shall be limited to the applicant only, shall be effective for a single location as identified in the application and shall terminate immediately upon any transfer of the HUD-code manufactured home, recreational vehicle and/or the real property upon which the said HUD-code manufactured home or recreational vehicle is situated. Upon any such transfer, an application for a permit shall be submitted in the manner required herein. A transfer shall be deemed upon change of name of ownership of HUD-code manufactured home or recreational vehicle and/or the real property upon which the HUD-code manufactured home or recreational vehicle is situated, change of usage, change of owner or tenant or person using the HUD-code manufactured home or recreational vehicle.

(j)

The annual fee for the permit is $150.00 and shall be due upon filing of the application, renewal of the permit each year, or upon transfer as provided in subsection (i), above, or upon change of tenant or person using the HUD-code manufactured home or recreational vehicle as provided in subsection (m), below. Permit fees shall not be prorated save and except the first calendar year following the adoption of the ordinance from which this section is derived.

(k)

The applicant must furnish verification that applicant has designated the HUD-code manufactured home or recreational vehicle as the applicant's homestead. The permit shall expire immediately upon change of use as homestead or upon any transfer of the HUD-code manufactured home, or recreational vehicle and/or the real property upon which the said HUD-code manufactured home or recreational vehicle is situated.

(l)

In the event the HUD-code manufactured home or recreational vehicle is replaced with another HUD-code manufactured home or recreational vehicle, notification of the replacement must be provided to the building official.

(m)

In the event the applicant rents the HUD-code manufactured home or recreational vehicle to any person for any length of time, or allows the use of the HUD-code manufactured home or recreational vehicle to any person without charge, the annual permit fee shall be required together with a copy of the rental agreement showing the name of the tenant(s) and mailing address of the tenant or if the applicant intends to allow the use to a person without a rental agreement, then the name of the person using or residing in the HUD-code manufactured home or recreational vehicle must be furnished together with verification of use of the HUD-code manufactured home or recreational vehicle. The permit shall expire immediately upon any change of tenant or change of person using the HUD-code manufactured home or recreational vehicle and in such event a new permit must be obtained upon any such change of tenant or change of person using the HUD-code manufactured home or recreational vehicle.

(n)

This section is prospective and shall not apply to any mobile home, HUD-code manufactured home or recreational vehicle used and occupied as a residential dwelling in the city which was already in place prior to the adoption of the ordinance from which this section is derived; however, all owners, agents in charge or users of such mobile home, HUD-code manufactured home or recreational vehicle shall be registered with the building official to verify and document such use and occupancy prior to the adoption of the ordinance from which this section is derived and such use and occupancy shall adhere to other restrictions and requirements herein.

(o)

An existing mobile home, HUD-code manufactured home or recreational vehicle located in the city, which was already in place prior to the adoption of the ordinance from which this section is derived will be allowed to remain on its existing site until it is removed from or until the condition of the mobile home, HUD-code manufactured home or recreational vehicle violates the ordinances of the city and upon replacement, only a HUD-code manufactured home or recreational vehicle may be placed on the existing site.

(Ord. No. 723, § I(3), 6-20-2011; Ord. No. 723-A, § 1, 8-20-2012)