Cities restrictions on Manufactured Housing

[James Wade]

I'm having a problem in the city of Midlothian, Texas. In order to explain this properly I will have to give a little history.
About 12 years ago I purchased 16 acres outside of the city of Midlothian and put a manufactured home on it and had no problem. About 8 years ago the city annexed my property and began charging me taxes without providing me with any of the services that state law requires after a set period of time. I believe the annexing city has 4 years to provide services. My problem began when my neighbor and friend decided to sell his property next to mine and offered me a good deal on the 2 piece manufactured home that he had. Mine was a single and hadn't held up to well and I thought I might up grade and replace. So I had the larger home moved onto my property and the city took note of this and tried to stop the move before the contractor I had hired got 2nd piece in place. After meeting with city officials I was able to convince them to let me finish the move so that I would not sustain weather damage while the home was in halves. So now I have 2 manufactured homes on my property and the city is requiring that I go before the zoning board and ask for a variance on the non-conformant housing ordinance that they are citing me with. This is despite my complaints that I must be allowed to up grade by replacement and I have grandfather rights. The city has taken the position that I can continue living in the home that needs to be replaced, but I cannot change anything without being within the city's ordinances.
Beside the fact that I believe that the city is in the wrong as far as the grandfather rights go I read an article entitled "Dallas moves to block prefab homes", in the Dallas Morning News dated 11-12-4 by Emily Ramshaw. That indicated that cities in Texas where limited a great deal in what they could do in regaurd to limiting manufactured housing and the city of Dallas found that the only limits it could place on said homes was in the way of deed restrictions on land that the city had sold below fair market value and there was nothing it could do within state law in regaurd to private property.
What are your thought on this and any help you could lend would be greatly appretiated.
James B. Wade
[email protected]

[Mark]

Let me see if I have this right..

You have some property with a home on it, you then move another home on it, without getting the proper building, zoning and planning permits and now don't understand why the city wants to stop you?

I'm sorry, but it doesn't sound like you have a case. You (from what you've written), clearly proceded to place a home on a piece of property without the proper permits. You are lucky the city allowed you to complete the move, they weren't obligated to do so, what's more, you may end up having to move it again, off your property if your zoning variance is denied.

Grandfathering usually only applies to existing structures. Completely replacing one structure with another doesn't count as 'upgrading' or 'remodeling', and would therefore be subject to all the restrictions and codes existing at the time.


The annexing and taxation is another matter, but it does put you under city ordanices, which are usually more restrictive that county ones.

As far as limiting or prohibiting manufactured housing, lots of places do so, especially inside the city limits. Some may only allow ones of a certain size or foundation, other only allow modulars, still others may only allow off frame modulars.

That is why is it SO important that you check with the Zoning and Planning Board, Envirmental Permit Office and the Building Permit Office BEFORE you obligate yourself to a home you may end up with no where to place.

[rmurray]

The other post here is exactly correct...especially about the grandfather rules and the fact that you MUST have a permit prior to doing any work..

All you can do is plead with the planning group and city council for a variance.....Plead with them..do not fight them..fight them and you will lose..try to make them feel sorry for you..

As far as court rulings are concerned..You are right there have been some in TX...but for you to try to take advantage of them ..you will have to be willing to sue the city...VERY costly at the least..they have attorney's that your taxes pay for...sitting around waiting for something to do..

You own the property..you pay taxes on the property..but you must ask permission to use the property..That is just the way it is..

Good Luck

[annaz]

You moved a home from one property to the next. That eliminates any grandfathering rights because you moved the home. You may have well moved a new home on your property. Would be the same thing assuming they would have allowed it.