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14-Deliberate and act on ordinance extending the moratorium on the issuance of permits under the City Code of Ordinances
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14-Deliberate and act on ordinance extending the moratorium on the issuance of permits under the City Code of Ordinances
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CITY CLERK
Doc Name
14
Doc Type
Agenda
CITY CLERK - Date
11/9/2009
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placement of a mobile home or HUD-code manufactured home upon any property located <br />within the corporate city limits of the City of Paris, Texas. <br />Section 3. That during the term of this moratorium, City staff is hereby directed <br />not to accept any applications for permits for a mobile home or HUD-code manufactured <br />home under the City Code of Ordinances or International Building Code; or application for a <br />specific use permit under the City Zoning Ordinance on any property located in the <br />corporate city limits of the City of Paris, Texas; any documents received purporting to apply <br />for such a permit shall be returned to the applicant along with a copy of this ordinance and <br />any application for a permit declined for processing pursuant to this ordinance shall be <br />considered administratively incomplete. <br />Section 4. That the City Manager, City Attorney, and City staff shall be and are <br />hereby instructed during the term of this moratorium to work with the City Planning <br />Commission to develop regulations for locating, permitting and regulating mobile homes <br />and HUD-code manufactured homes within the City of Paris, Texas and to present said <br />regulations to the City Council for their future consideration and adoption. <br />Section 5. That this ordinance does not prohibit and shall not be construed to <br />prohibit the granting of any permit for a mobile home or HUD-code manufactured home in <br />any circumstance in which a properly completed, administratively complete application for <br />said permit was submitted in accordance with all applicable City rules and regulations <br />prior to the effective date of this ordinance. <br />Section 6. That the moratorium created by this ordinance shall remain in full <br />force and effect for a period of one hundred eighty (180) days from and after the end of the <br />existing moratorium (November 18, 2009) which will extend the moratorium to May 17, <br />2010, unless earlier repealed by an official act of the Paris City Council or extended by an <br />official act of 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 <br />authorized herein, commits an offense which is punishable by a fine of up to $2,000.00 per <br />violation; each day or portion thereof during which a violation of this ordinance continues <br />shall be deemed a separate violation. <br />Section 8. That there is hereby established a variance and appeal process from <br />the provisions of Section 2 of this ordinance dealing with applications for permits or <br />specific use permits for mobile homes and HUD-code manufactured homes during the <br />moratorium. The City Manager, or his authorized designee, is hereby authorized to <br />receive and consider a variance request from any person or entiry desiring to place a <br />mobile home or HUD-code manufactured home in the City of Paris which would be subject <br />to the restrictions of Section 2 of this ordinance. As justification for a variance, the <br />applicant must be able to demonstrate unique circumstances and/or substantial hardship <br />caused by the restrictions of Section 2 of this ordinance. The burden of proof shall be on <br />the applicant. The City Manager or his designee may, at their discretion, conduct an <br />informal hearing or decide whether or not to grant the variance solely on the basis of the <br />application and written material provided by the applicant. The City Manager or his <br />designee may request additional information. Following receipt and review of a complete <br />~ 9 5) <br />
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