Sec. 211.018. CONTINUATION OF LAND USE REGARDING MANUFACTURED HOME COMMUNITIES. (a) In this section, "manufactured home," "manufactured home community," and "manufactured home lot" have the meanings assigned by Section 94.001, Property Code.
(b) The governing body of a municipality may not require a change in the nonconforming use of any manufactured home lot within the boundaries of a manufactured home community if:
(1) the nonconforming use of the land constituting the manufactured home community is authorized by law; and
(2) at least 50 percent of the manufactured home lots in the manufactured home community are physically occupied by a manufactured home used as a residence.
(c) For purposes of Subsection (b), requiring a change in the nonconforming use includes:
(1) requiring the number of manufactured home lots designated as a nonconforming use to be decreased; and
(2) declaring that the nonconforming use of the manufactured home lots has been abandoned based on a period of continuous abandonment of use as a manufactured home lot of any lot for less than 12 months.
(d) A manufactured home owner may install a new or used manufactured home, regardless of the size, or any appurtenance on a manufactured home lot located in a manufactured home community for which a nonconforming use is authorized by law, provided that the manufactured home or appurtenance and the installation of the manufactured home or appurtenance comply with:
(1) nonconforming land use standards, including standards relating to separation and setback distances and lot size, applicable on the date the nonconforming use of the land constituting the manufactured home community was authorized by law; and
(2) all applicable state and federal law and standards in effect on the date of the installation of the manufactured home or appurtenance.
(e) A municipality that prohibits the construction of new single-family residences or the construction of additions to existing single-family residences on a site located in a designated floodplain may, notwithstanding Subsection (b), (c), or (d), prohibit the installation of a manufactured home in a manufactured home community on a manufactured home lot that is located in an equivalently designated floodplain.
Added by Acts 2017, 85th Leg., R.S., Ch. 741 (S.B. 1248), Sec. 1, eff. September 1, 2017.
Structure Texas Statutes
Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities
Subtitle A - Municipal Regulatory Authority
Chapter 211 - Municipal Zoning Authority
Subchapter A. General Zoning Regulations
Section 211.002. Adoption of Regulation or Boundary Includes Amendment or Other Change
Section 211.003. Zoning Regulations Generally
Section 211.0035. Zoning Regulations and District Boundaries Applicable to Pawnshops
Section 211.004. Compliance With Comprehensive Plan
Section 211.006. Procedures Governing Adoption of Zoning Regulations and District Boundaries
Section 211.007. Zoning Commission
Section 211.0075. Compliance With Open Meetings Law
Section 211.008. Board of Adjustment
Section 211.009. Authority of Board
Section 211.010. Appeal to Board
Section 211.011. Judicial Review of Board Decision
Section 211.012. Enforcement; Penalty; Remedies
Section 211.013. Conflict With Other Laws; Exceptions
Section 211.014. Panel of Board of Adjustment
Section 211.015. Zoning Referendum in Home-Rule Municipality
Section 211.016. Zoning Regulation Affecting Appearance of Buildings or Open Space
Section 211.0165. Designation of Historic Landmark or District
Section 211.017. Continuation of Land Use in Newly Incorporated Areas
Section 211.018. Continuation of Land Use Regarding Manufactured Home Communities