14-HUD-Code Manufactured Housing Subdivision Ordinance

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DRAFT attorney\ordwork\current\Mobile Home Moratorium Ord 7-27-09 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, EXTENDING AN ADDITIONAL NINETY (90) DAY MORATORIUM ON THE ISSUANCE OF PERMITS UNDER THE CITY CODE OF ORDINANCES AND SPECIFIC USE PERMITS UNDER THE CITY ZONING ORDINANCE FOR THE PLACEMENT OF MOBILE HOMES OR HUD-CODE MANUFACTURED HOMES ON ANY PROPERTY LOCATED WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF PARIS, TEXAS; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO WORK WITH THE PLANNING & ZONING COMMISSION TOWARD DEVELOPING NEW REGULATIONS FOR MOBILE HOMES AND HUD-CODE MANUFACTURED HOMES TO BE PRESENTED TO THE CITY COUNCIL; PROVIDING A PENALTY CLAUSE, SAVINGS CLAUSE, REPEALER CLAUSE, SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 1201.003 of the Texas Occupations Code defines a mobile home as a structure constructed before June 15, 1976; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the travelling mode, at least eight body feet in width ar at least 40 body feet in length or, when erected on site, at least 320 square feet in size, and includes the plumbing, heating, air conditioning and electrical systems of the home; and WHEREAS, the City Zoning Ordinance, Ordinance No. 1710, allows mobile homes to locate in a One-Family Dwelling District (SF-3) with a specific use permit approved by the City Council of the City of Paris, WHEREAS, a HUD-code manufactured home is defined by State law as a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode is at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; includes the plumbing, heating, air conditioning and electrical systems of the home; and does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g); and WHEREAS, because the City Zoning Ordinance has not been updated to recognize the distinction found in state law between mobile homes and HUD-code manufactured homes, the City Zoning Ordinance contains no definition or regulations applicable to HUD-code manufactured homes; and WHEREAS, state law allows cities to prohibit the placement of any new mobile homes inside their city limits, but it requires municipalities in Texas to provide at least one zoning district in their city which allows HUD-code manufactured homes to be located. The City of Paris currently has few regulations related to mobile homes. A zoning change with a specific use permit is all that is required, and they are currently located throughout the city. There are no provisions in