Loading...
19 OrdinanceCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 08/18/08 Planning and Zoning Lisa A. Wright, Director of Council Date: Commission Community Development 19. 08/25/08 RECOMMENDED MOTION: Move to approve an ordinance imposing a one hundred eighty (180) day moratorium on the issuance of permits under the Code of Ordinances and Specific Use Permits under the 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. POLICY ISSUE(S): Ordinance BACKGROUND: State law 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 traveling mode, 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. A"HLJD-code manufactured home" is defined the same except they are constructed on or after June 15, 1976. State law allows cities to prohibit the placement of any new mobile homes inside their city limits, but it does require them to permit the placement of HUD-code manufactured homes. It also allows cities to regulate manufactured housing and to require that they only be placed in certain areas. The City of Paris currently has few regulations related to mobile homes. A zoning change with a specific use permit is all is that is required, and they are currently located throughout the city. There are no provisions in the City code regulating manufactured housing, so such housing is currently permitted in any area of the city. The Planning & Zoning Commission has spent the past several months revising the Comprehensive Plan for Land Use and has recently completed the Future Land Use Map (which includes recommended locations for manufactured housing). To allow the Commission ample time to complete the Comprehensive Plan process, the City Council previously adopted a 180 day moratorium on mobile homes inside the city limits; however, that moratorium has expired and it is appropriate that a new moratorium be approved to allow the Planning and Zoning Commission time now to complete a new manufactured housing ordinance and submit the same to the City Council for its approval. City of Paris Revised 2/04/08 - 000140 BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Ordinance ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ~ Ordinance y'I'D Actual $ Public Hearing ❑ Other Acct. Name Acct. Number FisCAL NoTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk 0 Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 ~ 000141 DRAFT ORDINANCE NO. Attomey\ordwork\current\Mobile Home Moratorium Ord 8-25-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, IMPOSING A ONE HLTNDRED EIGHTY (180) 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 COMNIISSION 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 or 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 - (1OQ142 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 the City Zoning Ordinance regulating manufactured housing, so such housing is currently permitted in any area of the City; and, WHEREAS, on May 12, 2008, the Planning and Zoning Commission adopted a new Comprehensive Land use Map for the City of Paris which designated certain areas of the City for possible future development of manufactured housing; and, WHEREAS, the Commission needs additional time to consider and develop appropriate zoning districts and regulations for mobile homes and manufactured housing and to present their recommendations to City Council; and, WHEREAS, the City Council hereby finds and determines that in order to protect the status quo and to prevent the hurried and haphazard construction of mobile homes and HUD-code manufactured homes throughout the city without thoughtful and proper regulation, it is necessary to enact this 180-day moratorium on the issuance of permits or specific use permits for mobile homes and HLTD-code manufactured homes to be located in the corporate city limits of the City of Paris, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That for a period of one hundred eighty (180) days from and after the effective date of this ordinance, no application for a permit under the City Code of Ordinances or International Building Code, nor application for a specific use permit under the City Zoning Ordinance, sha.ll be accepted for the placement of a mobile home or HUD-code manufactured home upon any property located within the corporate city limits of the City of Paris, Texas. Section 3. That during the term of this moratorium, City staff is hereby directed not to accept any applications for permits for a mobile home or HLJD-code manufactured home under the City Code of Ordinances or International Building Code; or application for a specific use permit under the City Zoning Ordinance on any property located in the corporate city limits of the City of Paris, Texas; any documents received purporting to apply for such a permit shall be returned to the applicant along with a copy of this ordinance and any application for a permit declined for processing pursuant to this ordinance shall be considered administratively incomplete. w 000143 Section 4. That the City Manager, City Attorney, and City staff shall be and are hereby instructed during the term of this moratorium to work with the City Planning Commission to develop regulations for locating, permitting and regulating mobile homes and HLJD-code manufactured homes within the City of Paris, Texas and to present said regulations to the City Council for their future consideration and adoption. Section 5. That this ordinance does not prohibit and shall not be construed to prohibit the granting of any permit for a mobile home or HUD-code manufactured home in any circumstance in which a properly completed, administratively complete application for said permit was submitted in accordance with all applicable City rules and regulations prior to the effective date of this ordinance. Section 6. That the moratorium created by this ordinance sha11 remain in full force and effect for a period of one hundred eighty (180) days from and after the effective date hereof, unless earlier repealed by an official act of the Paris City Council or extended by an official act of the Paris City Council. Section 7. That any person, association, corporation, partnership, limited liability company, or other legal entity that places a mobile home or HUD-code manufactured home within the city limits of Paris, Texas during the term of this moratorium, except as authorized herein, commits an offense which is punishable by a fine of up to $2,000.00 per violation; each day or portion thereof during which a violation of this ordinance continues shall be deemed a separate violation. Section 8. That there is hereby established a variance and appeal process from the provisions of Section 2 of this ordinance dealing with applications for permits or specific use permits for mobile homes and HUD-code manufactured homes during the moratorium. The City Manager, or his authorized designee, is hereby authorized to receive and consider a variance request from any person or entity desiring to place a mobile home or HUD-code manufactured home in the City of Paris which would be subject to the restrictions of Section 2 of this ordinance. As justification for a variance, the applicant must be able to demonstrate unique circumstances and/or substantial hazdship caused by the restrictions of Section 2 of this ordinance. The burden of proof shall be on the applicant. The City Manager or his designee may, at their discretion, conduct an informal hearing or decide whether or not to grant the variance solely on the basis of the application and written material provided by the applicant. The City Manager or his designee may request additional information. Following receipt and review of a complete variance application andlor completion of the informal hearing, the City Manager or his designee sha11 render a decision on the variance request within five (5) business days and advise the applicant accordingly. The City Manager or his designee may grant, deny, or modify and grant any variance request. Any applicant dissatisfied with the City Manager's or his designee's decision may appeal this decision by appearance on the agenda of the next regularly scheduled City Council meeting for which an appearance may be scheduled in accordance with the notice requirements of the Texas Open Meetings Act and the City's agenda process. The request for appeal must be presented in writing to the City Clerk within three (3) calendar days of the date the applicant is notified of the City Manager's or his designee's - 009144 decision. Any mobile home or HUD-code manufactured home for which a variance is granted must still comply fully with the City's current mobile home or HUD-code manufactured home regulations and all other applicable ordinances. Section 9. That any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine in an amount not to exceed $2,000.00. Each day or portion thereof during which a violation of this ordinance shall continue shall constitute a separate offense. Section 10. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 11. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 12. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, sha11 be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 13. Introduced, read and passed on first reading on August 25, 2008, at a regular meeting of the City Council of the City of Paris and on second reading on September 8, 2008, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. Section 14. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. PASSED AND ADOPTED on second and final reading this 9th day of September, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney