GENERALLY

Houston Code of Ordinances ch. 10, art. VI, div. 1

in effect

Houston Code of Ordinances § 10-231 Definitions.

Sec. 10-231. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Alteration means the replacement, installation, addition, modification or removal of any structural component or any equipment which may affect the construction, fire safety, occupancy, plumbing, heat-producing or electrical system. It includes any modification made in a modular home which may affect the compliance of the home with the standards, but it does not include the repair or replacement of a component or appliance requiring plug-in to an electrical receptacle where the replaced item is of the same configuration and rating as the one being replaced. It also does not include the addition of an appliance requiring "plug-in" to an electrical receptacle, which appliance was not provided with the modular home by the manufacturer, if the rating of the appliance does not exceed the rating of the circuit to which it is connected. (2) Factory lot means any property on which modular homes are manufactured. No property that is not adjoining property on which modular homes are actually constructed shall be considered a factory lot or part of a factory lot. (3) Manufacturer means a person licensed as a manufacturer by the state pursuant to Article 5221f, Vernon's Texas Civil Statutes. (4) Modular home means a structure or building module that is manufactured at a location other than the location where it is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. The term does not include a manufactured home as defined in Article 5221f, Vernon's Texas Civil Statutes, nor does it include building modules incorporating concrete or masonry as the primary structural component. (5) Owner means the person holding title to the property and any person having control over the property. (6) Retailer means a person licensed as a retailer by the state pursuant to Article 5221f, Vernon's Texas Civil Statutes. (7) Sales lot means any tract of land used by a retailer for showing modular homes to potential customers. (Code 1968, § 10-300; Ord. No. 80-875, § 1, 4-23-80; Ord. No. 94-1268, § 4, 11-22-94)

Houston Code of Ordinances § 10-232 Application and interpretation of other ordinances.

Sec. 10-232. - Application and interpretation of other ordinances. (a) All provisions of the ordinances of the city shall apply to the placement and the use of a modular home on any property within the city on the same basis that such ordinances are applicable to the construction and the use of any other structure except to the extent such ordinances of the city are inconsistent with state law, or are in conflict with the provisions of this article. (b) For purposes of all the ordinances of the city, the placement of a modular home shall be deemed the construction of a structure. (Code 1968, § 10-301; Ord. No. 80-875, § 1, 4-23-80)

Houston Code of Ordinances § 10-233 Compliance with Construction Code.

Sec. 10-233. - Compliance with Construction Code. No structure originally constructed as a modular home shall be used for any purposes other than as a dwelling or a residence, for demonstration purposes at a sales lot, or as an office of a licensed retailer at a sales lot, unless the structure meets all requirements of the Construction Code of the city. (Code 1968, § 10-302; Ord. No. 80-875, § 1, 4-23-80; Ord. No. 02-399, § 33, 5-15-02)

Houston Code of Ordinances § 10-234 Setbacks.

Sec. 10-234. - Setbacks. No portion of any modular home may be less than three feet from any property line and may not be nearer to any property line than that distance specified in the Construction Code for structures of the same type of construction and occupancy. For purposes of this section, the term "property line" shall include an imaginary line midway between a modular home and any other structure on the same property, any easement line, and all lines falling within the usual and customary meaning of the term "property line." (Code 1968, § 10-303; Ord. No. 80-875, § 1, 4-23-80; Ord. No. 02-399, § 33, 5-15-02)

Houston Code of Ordinances § 10-235 Location restrictions.

Sec. 10-235. - Location restrictions. No person shall allow, cause, or suffer any modular home to be on any property owned by him or under his control within Fire Zones One and Two. This section shall not prohibit the transportation of modular homes through Fire Zones One and Two on the public streets when such transportation is accomplished in compliance with all other applicable statutes and ordinances. (Code 1968, § 10-304; Ord. No. 80-875, § 1, 4-23-80)

Houston Code of Ordinances § 10-236 Permit prior to placement on lot—Required.

Sec. 10-236. - Permit prior to placement on lot—Required. No person shall permit, allow, suffer or cause a modular home to be on any property owned by him or under his control unless a permit has been issued by the city pursuant to the provisions of this article; provided that the provisions of this section shall not apply if the property is a factory lot or if such home was permanently installed on the property prior to May 1, 1980. (Code 1968, § 10-305; Ord. No. 80-875, § 1, 4-23-80)

Houston Code of Ordinances § 10-237 Same—Application.

Sec. 10-237. - Same—Application. (a) To obtain a permit to place a modular home on property within the city when it is intended that such modular home shall be used as a residence by the applicant or by another, the owner of such property shall file an application therefor on a form designated by the city. Such application shall include: (1) The name and mailing address of the applicant; (2) The legal description of the property on which such modular home is to be placed; (3) The street address of the property on which the modular home is to be placed; (4) The size of such modular home; (5) The year in which the modular home was constructed; (6) A full description of such modular home, and the name of the manufacturer; (7) The serial number of each modular section of the home; (8) A map or drawing of the property drawn to scale showing the location where the modular home will be placed, the location of all other structures on the property, all driveways on the property, and where off-street parking will be provided. (b) The application shall state thereon: "If the placement or use of the modular home on the property described in this application violates any restriction contained in or incorporated by reference in a duly recorded plan, plat, replat or other instrument affecting the property, the city may file suit or become a party to a suit for the purpose of enjoining or abating the violation of the restriction." (Code 1968, § 10-306; Ord. No. 80-875, § 1, 4-23-80)

Houston Code of Ordinances § 10-238 Same—Conditions for permit issuance.

Sec. 10-238. - Same—Conditions for permit issuance. Upon the filing of a proper application pursuant to section 10-237 and the payment of the permit fee, the building official shall issue a permit for the placement of a modular home on such property unless the building official finds that the placement of the modular home on such property would violate any provision of the ordinances of the city or laws of the state, or finds that adequate utilities are not available for residential use of such modular home at the location set out in the application. (Code 1968, § 10-307; Ord. No. 80-875, § 1, 4-23-80; Ord. No. 90-635, § 34, 5-23-90)

Houston Code of Ordinances § 10-239 Same—Applicability of permit.

Sec. 10-239. - Same—Applicability of permit. A permit granted pursuant to section 10-238 shall be valid only for the placement of the modular home described in the application therefor on the property designated in the application. (Code 1968, § 10-308; Ord. No. 80-875, § 1, 4-23-80)

Houston Code of Ordinances § 10-240 Same—Permit fee.

Sec. 10-240. - Same—Permit fee. The fee for a permit for the placement of a modular home that is intended to be used as a residence is stated for this provision in the city fee schedule. This fee shall be in addition to all other applicable fees. (Code 1968, § 10-309; Ord. No. 80-875, § 1, 4-23-80; Ord. No. 2011-1168, § 13, 12-14-2011)

Houston Code of Ordinances § 10-241 Certificate of compliance—Required prior to habitation and utility connection.

Sec. 10-241. - Certificate of compliance—Required prior to habitation and utility connection. No utility of any kind shall be connected to a modular home and no person shall occupy or allow or permit another to occupy a modular home as a residence unless a certificate of compliance has been issued for such modular home. (Code 1968, § 10-310; Ord. No. 80-875, § 1, 4-23-80)

Houston Code of Ordinances § 10-242 Same—Information required prior to issuance of certificate of compliance.

Sec. 10-242. - Same—Information required prior to issuance of certificate of compliance. To obtain a certificate of compliance for a modular home, the applicant shall give the building official the following information: (1) The number of the permit issued under section 10-238 for placement of the modular home; (2) The date the modular home was placed on the property; and (3) The serial number of each modular section of the home placed on the property. (Code 1968, § 10-311; Ord. No. 80-875, § 1, 4-23-80; Ord. No. 90-635, § 35, 5-23-90)

Houston Code of Ordinances § 10-243 Same—Conditions for issuance of certificate.

Sec. 10-243. - Same—Conditions for issuance of certificate. Upon receipt of a request for a certificate of compliance, inspectors of the city shall inspect the property on which the modular home is located to determine if the modular home meets all applicable requirements of the ordinances of the city. After such inspection a certificate of compliance shall be issued unless it is found that the requirements of this article or of other applicable ordinances have not been met. (Code 1968, § 10-312; Ord. No. 80-875, § 1, 4-23-80)

Houston Code of Ordinances § 10-244 Same—Applicability of certificate of compliance.

Sec. 10-244. - Same—Applicability of certificate of compliance. A certificate of compliance for a modular home shall be valid only for the occupancy of that particular home for the location set out in the application. (Code 1968, § 10-313; Ord. No. 80-875, § 1, 4-23-80)

Houston Code of Ordinances § 10-245 Seal, decal or label to be affixed to home used as residence.

Sec. 10-245. - Seal, decal or label to be affixed to home used as residence. No modular home shall be placed on any property within the city for use as a residence unless there is affixed thereto a seal, decal or label issued by the Texas Department of Labor and Standards pursuant to Article 5221f, Vernon's Texas Civil Statutes. (Code 1968, § 10-314; Ord. No. 80-875, § 1, 4-23-80)

Houston Code of Ordinances § 10-246 Parking spaces required if used as residence.

Sec. 10-246. - Parking spaces required if used as residence. No modular home may be placed on any property for use as a residence unless there are the minimum number of parking spaces for the modular home and for all other residential structures on the same property as required in chapter 26 of this Code. (Code 1968, § 10-315; Ord. No. 80-875, § 1, 4-23-80; Ord. No. 02-399, § 34, 5-15-02)

Houston Code of Ordinances § 10-247 Use as model or sales office—Permit application.

Sec. 10-247. - Use as model or sales office—Permit application. To obtain a permit to place one or more modular homes on a sales lot to be used as models and/or an office, the owner or lessee of the property shall file an application therefor on a form designated by the city. Such application shall include: (1) The name and mailing address of the applicant; (2) The legal description of the property on which such modular homes are to be placed; (3) The street address of the property on which the modular homes are to be placed; (4) The name and state license number of the retailer who will use the sales lot; (5) The maximum number of such modular homes to be placed on such property for use as an office and/or models; (6) The maximum size of the modular homes to be placed on the property for use as an office and/or models; (7) A map or drawing of the property, drawn to scale, showing where each modular home to be used as an office and/or model will be placed; (8) A declaration as provided in section 1-11 of this Code, subscribed by the person making the declaration as true under penalty of perjury, that the use of such property as a sales lot will not violate any restriction contained in or incorporated by reference in a duly recorded plan, plat, replat, or other instrument affecting the property. (Code 1968, § 10-316; Ord. No. 80-875, § 1, 4-23-80; Ord. No. 2015-160, § 5, 2-18-2015)

Houston Code of Ordinances § 10-248 Same—Review of application; issuance of permit.

Sec. 10-248. - Same—Review of application; issuance of permit. Upon the filing of a proper application pursuant to section 10-247 and the payment of the permit fee, the building official shall review the application to determine if the proposed plans for use of the property as a sales lot meet the requirements of all applicable laws. After such review the building official shall issue a permit for the placement of modular homes as an office and/or models on the sales lot as requested in the application unless he finds that the placement of such modular homes on the property would violate any applicable laws or would violate any restriction contained in or incorporated by reference in a duly recorded plan, plat, replat, or other instrument affecting the property. (Code 1968, § 10-317; Ord. No. 80-875, § 1, 4-23-80; Ord. No. 90-635, § 36, 5-23-90)

Houston Code of Ordinances § 10-249 Same—Permit fee.

Sec. 10-249. - Same—Permit fee. The fee to place or allow modular homes on a sales lot for an office and/or models is stated for this provision in the city fee schedule. This fee shall be in addition to all other applicable fees. (Code 1968, § 10-318; Ord. No. 80-875, § 1, 4-23-80; Ord. No. 2011-1168, § 13, 12-14-2011)

Houston Code of Ordinances § 10-250 Same—Term of permit; violation of restrictions.

Sec. 10-250. - Same—Term of permit; violation of restrictions. A permit to place modular homes on a sales lot shall be valid for one year from the date of issuance and may be renewed annually upon payment of the permit fee stated for this provision in the city fee schedule. Provided, however, a permit to place modular homes on a sales lot shall be null, void and of no effect if such use of the property violates any restrictions contained in or incorporated by reference in any plan, plat, replat or other instrument affecting the property. (Code 1968, § 10-319; Ord. No. 80-875, § 1, 4-23-80; Ord. No. 2011-1168, § 13, 12-14-2011)

Houston Code of Ordinances § 10-251 Same—Use as residence or dwelling prohibited.

Sec. 10-251. - Same—Use as residence or dwelling prohibited. No modular home located on a factory lot or a sales lot may be used as a residence or dwelling. (Code 1968, § 10-320; Ord. No. 80-875, § 1, 4-23-80)

Houston Code of Ordinances § 10-252 Same—Number permitted.

Sec. 10-252. - Same—Number permitted. No more than one modular home shall be used on any one sales lot as an office for a retailer of modular homes. If two or more sales lots are on adjoining property and such adjoining lots are used by the same retailer for the sale, exchange, and/or lease-purchase of modular homes, all such lots taken together shall be treated as one sales lot for purposes of this section. (Code 1968, § 10-321; Ord. No. 80-875, § 1, 4-23-80)

Houston Code of Ordinances § 10-253 Penalty.

Sec. 10-253. - Penalty. Any person who violates any provision of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100.00 nor more than $500.00. Each day during which any violation of this article is continued or permitted shall be deemed a separate offense. (Code 1968, § 10-322; Ord. No. 80-875, § 1, 4-23-80; Ord. No. 92-1449, § 23, 11-4-92)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH10BUNEPR_ARTVIMOHO_DIV1GEFetched: 10/26/2026