2009-026-ORD EXTENDING ADDITIONAL 90 DAY MORATORIUM ON ISSUANCE OF PERMITSORDINANCE NO. 2009 -026
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 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 HUEt 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 or about October 6, 2008, the Planning & Zonning Commission created
a Manufactured Housing Study Committee to study the Future Land Use Map and Zoning
Ordinance of the City of Paris and to develop draft regulations for HUD -Code Manufactured
Housing; and,
WHEREAS, on June 1, 2009, the Manufactured Housing Study Committee completed
their work and forwarded recommendations to the City's Planning and Zoning Commission; 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 review and consider the
recommendations received from the Study Committee and to work with City staff to develop an
appropriate ordinance and amendments to the City Zoning and Subdivision ordinances; 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 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 ninety (90) days from and after the expiration date of the
current moratorium (August 20, 2009), 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 (August
20, 2009) 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 for 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 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, 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 this ordinance shall become effective from and after its passage
and publication as required by law.
PASSED AND ADOPTED on this 27th day of July, 2009.
JameX Freelen,
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, Ci Attorney