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HomeMy WebLinkAbout1445 09-26-2000ORDINANCE NO. 1465 AN ORDINANCE AMENDING SECTION 84-7 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF EULESS, TEXAS, ENTITLED `DEF mTIOm AND WORD USAGE" WITH RESPECT TO THE IE DEMNITION OF MANUFACTURED OR NIOB LE HOMES, MANUFACTURING HOPAE RENTAL COMMUHrY AND MANUFACTURED GNOME SUEDIVIS 0N; AMENDING SECTION 84-106 OF THE UklIFIED DEVELOPMENT CODE OF THE CITY OF EULESS, `ERAS, ENTITLED 56MH MOBILES HOME = U RICT ", WHICH AMENDMENTS ARE FOR TH°HE PURPOSE ®F CONFORMING SUCH SEC T IC MS TO RECENT MODIFICATIONS OF TIE TE)VAS MANUFACTURED HOUSING' STANDARDS ACT AND RECENT COURT DECISIONS IINTERPfi;,'ETI fNG SAME, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE, PRROVIDING A PENALTY FOR VIOLsATnjN; AND PROVIDING AN EFFEC T HVE DATE WHEREAS, recent amendments by the Texas Legislature to the Texas Manufactured Housing Standards Act (the "Act ") has changed the statutory definition of manufactured and mobile homes; and WHEREAS, the recent decision of a Texas Appellate Court suggest that a municipality's zoning ordinances should reflect such definitions and distinctions between a manufactured and mobile home, and WHEREAS, the Euless City Council desires to amend its Unified Development Code to conform with such legislative enactments and court decision. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS,TEXAS. SECTION I That, the definition of "Manufactured or mobile home (HUD- Code)" contained in Section 84 -7., entitled "Definitions and word usage." of Chapter 84 Unified Development Code is herewith amended in its entirety to hereafter be and read as follows: "Manufactured home (HUD =Code) means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air - conditioning, and electrical systems." SECTION 2 That, the definition of "Manufacturing home rental community (HUD- Code)" contained in Section 84 -7., entitled "Definitions and word usage." of Chapter 84 Unified Development Code is herewith amended in its entirety to hereafter be and read as follows- "Manufactured or mobile home rental community means a tract of land which is separated into two or more spaces or lots which are rented or leased or offered for rent or lease to persons for the installation of manufactured or mobile homes for use and occupancy as residences; provided that the lease or rental agreement is for a term of less than 60 months and contains no purchase option." SECTI©M 3 That, the definition of "Manufactured home subdivision" contained in Section 84 -7., entitled "Definitions and word usage." of Chapter 84 Unified Development Code is herewith amended in its entirety to hereafter be and read as follows: "Manufactured or mobile home subdivision means a unified development of manufactured or mobile home sites on lots platted for such purposes, which lots may be sold to the owners of manufactured or mobile homes situated thereon, meeting all the requirements of applicable zoning and subdivision ordinances and designed to accommodate such homes on a permanent basis." SECTION 4 That, the definition of "Mobile Home" contained in Section 84 -7., entitled "Definitions and word usage." of Chapter 84 Unified Development Code is herewith amended in its entirety to hereafter be and read as follows: "Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, hearing, air - conditioning, and electrical systems." SECTION 5 That Subsection (a) entitled "Purpose" and paragraph (7) entitled "Perimeter yard" of subsection (c) entitled "District Development Standards" of Section 84 -106 entitled WH Mobile Home District ", of Chapter 84 of the Euless Unified Development Code are herewith amended in their entirety to hereafter be and read as follows: "(a) Purpose. The intent of this district is to provide suitable areas for the locating of single family manufactured and mobile homes at densities of up to eight units per gross acre. Such areas should be characterized by a park -like setting, moderate perimeter Ordinance No. 1445, Page 2 of 4 setbacks, common open space, appropriate accessory uses and allow for ownership of available home sites_" "(7) Perimeter yard -25 feet set back within MH district boundary line for structures, manufactured or mobile homes." SECTION 6 That Table 4 -A entitled "Permitted Primary Uses" of Section 84 -84. of Chapter 84 of the Euless Unified Development Code is herewith amended in the following respects: The Primary Use contained under SIC Code 0000 entitled "Mann ac turedl Homes (subdivision) is herewith amended to hereafter be and read: "ManuWacturad or mobile Homes (subdivision)" The Primary Use contained under SIC Code 0000 entitled "Manufactured homes (rantal parks) is herewith amended to hereafter be and read: "Manufactured or mobile homes (rental parks)" SECTION 7 SEVEERABlLITY CLAUSE. It is hereby declared to be the intention of the City Council of the City of Euless that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase. SEC T IIOi`J 8 SAVINGS CLAUSE. Chapter 84 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 9 PENALTY FOR VIOLA TUW, Any person, firm, or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be Fined in accordance with Chapter "General Provisions," Section 1 -12 "General Penalty," Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 10 EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, as provided by the Euless City Charter and the laws of the State of Texas. Ordinance No. 9445, Page 3 of 4 PRESENTED AND PASSED ON FIRST ,UI FINAL READ ,` G at a regular meeting of the Euless City Council on the 26th day of September, 2000, by a vote of 6 ayes, o nays, and 0 abstentions. APPROVED: W05 Mme! _. _.. mayor ATTEST. Su an Crim W-,­Citi Secretary APPROVED AS TO FORM: Ordinance No. 7445, Page 4 of 4