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2008-028-ORD- IMPOSING A ONE HUNDRED EIGHTY (180) DAY MORATORIUM ON THE ISSUANCE OF PERMITS UNDER THE CITY CODE OF ORDINANCES AND SPECIFIC USE PERMITS UNDER THE CITY ZONING ORDINANCE
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2008-028-ORD- IMPOSING A ONE HUNDRED EIGHTY (180) DAY MORATORIUM ON THE ISSUANCE OF PERMITS UNDER THE CITY CODE OF ORDINANCES AND SPECIFIC USE PERMITS UNDER THE CITY ZONING ORDINANCE
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8/21/2012 12:13:35 PM
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10/7/2008 10:52:28 AM
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CITY CLERK
Doc Name
2008-028-ORD
Doc Type
Ordinance
CITY CLERK - Date
8/25/2008
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Section 5. That this ordinance does not prohibit and shall not be construed to prohibit <br />the granting of any permit for a mobile home or HUD -code manufactured home in any <br />circumstance in which a properly completed, administratively complete application for said <br />permit was submitted in accordance with all applicable City rules and regulations prior to the <br />effective date of this ordinance. <br />Section 6. That the moratorium created by this ordinance shall remain in full force and <br />effect for a period of one hundred eighty (180) days from and after the effective date hereof, <br />unless earlier repealed by an official act of the Paris City Council or extended by an official act of <br />the Paris City Council. <br />Section 7. That any person, association, corporation, partnership, limited liability <br />company, or other legal entity that places a mobile home or HUD -code manufactured home <br />within the city limits of Paris, Texas during the term of this moratorium, except as authorized <br />herein, commits an offense which is punishable by a fine of up to $2,000.00 per violation; each <br />day or portion thereof during which a violation of this ordinance continues shall be deemed a <br />separate violation. <br />Section 8. That there is hereby established a variance and appeal process from the <br />provisions of Section 2 of this ordinance dealing with applications for permits or specific use <br />permits for mobile homes and HUD -code manufactured homes during the moratorium. The <br />City Manager, or his authorized designee, is hereby authorized to receive and consider a variance <br />request from any person or entity desiring to place a mobile home or HUD -code manufactured <br />home in the City of Paris which would be subject to the restrictions of Section 2 of this <br />ordinance. As justification for a variance, the applicant must be able to demonstrate unique <br />circumstances and/or substantial hardship caused by the restrictions of Section 2 of this <br />ordinance. The burden of proof shall be on the applicant. The City Manager or his designee <br />may, at their discretion, conduct an informal hearing or decide whether or not to grant the <br />variance solely on the basis of the application and written material provided by the applicant. <br />The City Manager or his designee may request additional information. Following receipt and <br />review of a complete variance application and/or completion of the informal hearing, the City <br />Manager or his designee shall render a decision on the variance request within five (5) business <br />days and advise the applicant accordingly. The City Manager or his designee may grant, deny, <br />or modify and grant any variance request. Any applicant dissatisfied with the City Manager's or <br />his designee's decision may appeal this decision by appearance on the agenda of the next <br />regularly scheduled City Council meeting for which an appearance may be scheduled in <br />accordance with the notice requirements of the Texas Open Meetings Act and the City's agenda <br />process. The request for appeal must be presented in writing to the City Clerk within three (3) <br />calendar days of the date the applicant is notified of the City Manager's or his designee's <br />decision. Any mobile home or HUD -code manufactured home for which a variance is granted <br />must still comply fully with the City's current mobile home or HUD -code manufactured home <br />regulations and all other applicable ordinances. <br />Section 9. That any person violating any of the provisions of this ordinance shall be <br />guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in an amount not <br />
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