14-HUD-Code Manufactured Housing Subdivision OrdinanceCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Depanrnent-
Presented By:
Agenda Item No.:
07/21 /09
Planning & Zoning
Shawn Napier, P.E., Director of
Council Date:
Coinrnission
Engineering, Planning and
14.
07/27/09
Develo ment
RECOMMENDED MOTION:
Deliberate and act on an ordinance extending the 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 for a period of ninety (90) days.
PoLicY IssvE(s):
HUD-Code Manufactured Housing Subdivision Ordinance
BACKGROUND:
A subcommittee of the Planning and Zoning Commission has completed its wark in developing a HUD-
Code Manufactured Housing Subdivision Ordinance. The ordinance was presented to the Planning &
Zoning Commission in June and advised that other sections of the Code of Ordinances need to be
revised so the proposed ordinance can be implemented. The proposed ordinance will impact several
sections throughout the Code of Ordinances which, in turn, will also have to be amended. For example,
the ordinance as written will need to be worked into the existing subdivision regulations (Appendix `B')
and the zoning ordinance (Appendix `G') will need to be revised to show that all homes that fall into this
category inust be placed in a HUD-Code Manufactured Housing Subdivision. Additional time is
required to address these other ordinance amendments. The current moratorium expires on August 20,
2009.
BOARD/COMMISSION RECOMMENDATION:
EXHiBiTS:
Ordinance
ACTION:
BUDGET INFO:
❑ Financial Report
❑ Minute Order
Expense
$
❑ Departrnent Report
❑ Resolution
Budgeted Amt
$
❑ Presentation ~ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct Name
Acct Number
FiscAL NoTES:
REVIEWED AND APPROVED BY:
E Administration Z City Clerk E Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
UUUU8.~
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
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, on August 25, 2008, the City Council adopted Ordinance No. 2008-028
enacting a one hundred eighty (180) day moratorium on the issuance of permits or specific use
permits for mobile homes and HUD-code manufactured homes to be located in the corporate city
limits of the City of Paris, Texas; and,
WHEREAS, on January 26, 2009, the City Council adopted Ordinance No. 2009-003
enacting an additional one hundred eighty (180) day moratorium on the issuance of permits or
specific use permits for mobile homes and HUD-code manufactured homes to be located in the
corporate city limits of the City of Paris, Texas; 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
extend the current moratorium (which expires August 20, 2009), an additional 90-days on the
issuance of permits or specific use permits for mobile homes and HUD-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 l. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That for a period of ninety (90) 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, shall 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 HUD-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.
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 HUD-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 shall remain in full force and
effect for a period of ninety (90) days from and after the end of the existing moratorium which will
extend the moratorium to November 18, 2009, 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 far a variance, the applicant must be able to demonstrate unique circumstances and/or
substantial hardship 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 and/or
completion of the informal hearing, the City Manager or his designee shall 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 decision. Any mobile home or HUD-code manufactured home far
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.
m OU0084
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, shall 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. That by a supermajority vote of ayes and nays, the City
Council voted to suspend the rule requiring two readings before adoption of this ordinance.
Section 14. That this ordinance shall become effective from and after its passage of
the first reading and publication as required by law.
PASSED AND ADOPTED on first and final reading this 27th day of July, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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