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480-QQO ,NANCENO. 4 0-O0 OFFICIAL RECORD AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; REVISING CERTAIN SECTIONS REGARDING MANUFACTURED HOUSING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the city council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE C1TY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: PART A Section 4 - Definitions Delete the following definitions under subsection 4.2: DWELLiNG, MOBILE/MODULAR HOME - A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on a flatbed or other trailer and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home. MOBILE/MODULAR HOME - See DWELLiNG, MOBILE/MODULAR HOME. MOBILE OR MODULAR HOME PARK OR SUBDIVISION - A parcel of land upon which two or more mobile or modular homes are placed or located for purposes of occupancy. and add the following definitions under subsection 4.2: MANUFACTURED HOUSiNG OR MANUFACTURED HOME - means a HUD-code manufactured home or a mobile home and collectively means and refers to both (or as amended under Texas Manufactured Housing Standards Act) HUD-CODE MANUFACTURED HOME - is a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development (HUD), transportable in one or more sections, which, in the traveling mode, is eight (8) 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 with the appropriate label. The term does not include a recreational vehicle. (or as amended under Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221 f) LABEL - is a device or insignia issued by the director (of the manufactured housing division of the Texas Department of Housing and Community Affairs) to indicate compliance with the standards, rules, and regulations established by the United Stated Department of Housing and Urban Development (HUD), and is permanently affixed to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. (or as amended under Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221 f) MOBILE HOME - is a structure that was constructed before June 15, 1976, transportable in one or more section, which, in the traveling mode, is eight (8) 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. (or as amended under Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221 f) INDUSTRIALIZED HOUSING OR MODULAR HOUS1NG is a residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or mom modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent msidentiaI structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. 3[~e term shall not mean or apply to (i) housing constructed of sectional or panelized systems not using modular components; or (ii) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location. (or as amended under Texas Industrialized Housing and Building Act, Texas Civil Statutes, Article 5221 f-l). INDUSTRiALIZED BUILDING OR MODULAR BUILDING - is a commercial structure that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include any commercial structure that is in excess of three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. (or as amended under Texas Industrialized Housing and Building Act, Texas Civil Statutes, Article 5221 f-1) MODULAR COMPONENT - is a structural portion of any dwelling or building that is constructed at a location other than the home site in such a manner that its construction cannot be adequately inspected for code compliance at a home site without damage or without removal of a part thereof and reconstruction. SITE-BUILT HOME - is a residential structure or building that is constructed on a permanent foundation and of components assembled entirely at the permanent home site. Site-built homes meet all applicable state and local building codes. MANUFACTURED HOME §UBDIVISION - is a residential development in which a parcel of land divided into individual single-family residential lots, and sold for manufactured home residential structures. MANUFACTURED HOME PARK is a residential development where a parcel of land under single ownership has been planned and improved for the placement of multiple manufactured homes, and leased or rented for residential occupancy. PART B Section 6 - Nonconforming Uses Add the following under section 6.3 Size Nonconformity of lots or record; and section 6.5 Nonconforming Structures. Nothing in the above paragraph shall apply to a mobile home previously legally permitted and used or occupied as a residential dwelling on any tract of land within the city. Permits for use and occupancy for the replacement of such mobile homes with HUD-code manufactured homes is authorized. PART C Sections 29.1, 29.2 and 29.5 b through f and h shall be deleted and replaced with the following: 29.1 PURPOSE AND INTENT ~ This zoning classification is established to provide for diverse types of single-family residential uses, including manufactured homes, industrialized (modular) homes and site built homes. This zoning classification provides appropriate development standards for the placement of manufactured, industrialized and site built housing in the City of Southlake where adequate streets and other community facilities are available for present and future needs. Manufactured housing shall only be permitted in the MH district unless otherwise specifically authorized elsewhere in this ordinance. (as amended by Ord. 480-QQ) 29.2 PERMITTED USES Residential Uses: Single-family detached (one dwelling unit per lot) Home occupation Recreational uses: Parks and open space (for recreational, resource protection, conservation, and health and safety benefits) Public playgrounds, greens, plazas, and squares 29.5 DEVELOPMENT REGULATIONS - In this district, the following development regulations shall be applicable: Front Yard: There shall be a front yard of not less than fifteen feet (15'). Comer lots shall have a minimum side yard often feet (10') feet on the second front yard. Side Yard: There shall be a minimum side yard requirement of not less than ten feet (10') on all lots, except that comer lots may have a minimum side yard of five (5) feet on the side yards adjacent to interior tots. Rear Yard: There shall be a rear yard having a depth of not less than twenty-five (25) feet, except that up to 50% of the principal building envelope width may be as close as fifteen (15) feet from the rear properly line. e. Only one residential structure may be placed upon an approved lot. f. Lot Area: The minimum area of a lot shall be 20,000 square feet. The minimum lot area set forth above shall not apply to any unplatted tract, deeded and filed of record prior to January 1,2000. Subsequent to the enactment of this ordinance, no property in the MH zoning district may be subdivided or re-subdivided to a lot or tract size less than the smaller of 20,000 square feet or the size of the tract as it existed on January 1,2000, with the exception of deviations authorized below: Deviations from deeded tract boundaries may be authorized by the City Council with plat approval. When preparing a plat for the subdivision or re-subdivision ofunplatted tracts in the "MH" - Manufactured Housing district, the subdivider is encouraged to formalize pre-existing tract patterns into lots. In an effort to establish a consistent and cohesive lot pattern, limited deviations from the pre-existing tract area boundaries may be permitted due to irregularity in tract ownership and development. Any such allowance shall not result in an increase in the total number of tracts/lots unless authorized by City Council. Any changes from the pre- existing tract layout shall be firmly based on promoting a regular lot pattern that is in keeping with the characteristics for that particular neighborhood. Maximum Lot Coverage -Lots having an area of ten-thousand (10,000) square feet or less, all buildings or structures shall have a maximum lot coverage not exceeding forty five percent (45%) of the lot area and lots having an area greater than ten-thousand (10,000) square feet shall have a maximum lot coverage not exceeding thirty percent (30%) of the lot area. The sum total of accessory buildings shall not exceed 600 square feet and shall be included in the calculation of lot coverage. PART D The following shall be inserted as Section 29.3 and the remaining Sections renumbered in sequential order: 29.3 TYPE§ OF RESIDENTIAL STRUCTURES PERMITTED: HUD-code manufactured homes Industrialized or Modular housing Site built housing Sections 29.6 and 29.7 shall be deleted PART E PART F Section 34 - Accessory Uses Add the "MH" district as district where accessory uses listed under subsections 34.1 g, i, j, and k are permitted: ACCESSORY USE District Where Permitted g. Lanais, gazebos, greenhouses garden and patio shelters, sun decks, and children's AG, RE, SF-1A, playhouses, provided the privacy enjoyed by adjacent residential dwellings is not SF-1B, SF-30, impaired. SF-20A, SF-20B, MF-1, MF-2, MH i. Home occupation uses, as defined by this ordinance. AG, RE, SF- 1 A, SF-IB, SF-30, SF-20A, SF-20B, MF- 1, MF-2, MH j. Parking and storage of private boats, camper trailers or other recreational vehicles in AG, RE, SF-1A, conformance with Section 35. SF-IB, SF-30, SF-20A, SF-20B, MF-1, MF-2, MH k. Model and/or sample homes for the purpose of promoting sales shall be permitted, AG, RE, SF-1A, providing these structures are located on and within the same tract or subdivision of land SF- 1 B, SF-30, SF-20A, being developed for sale. SF-20B, MF-1, MH PART G Section 43.10 shall be deleted and replaced with the following: 43.10 The following residential adjacency standards shall apply to all non-single family residential buildings or uses located within the Corridor Overlay Zone, the Village Center, and those buildings and/or uses lying within four hundred feet (400') of single family residential property (See Development Regulations in Section 43.13a) and to all non-single family residential buildings and/or uses located within two hundred feet (200') of property being within the "MH" Manufactured Housing District and also having a low or medium density residential land use designation according to the Land Use Plan (See Development Regulations in Section 43.13b). (as amended by Ord. 480-QQ) These standards are in addition to the development regulations applicable to the underlying zoning district and the corridor overlay zone (where applicable). When any requirements in this section are in conflict with any other requirements for the underlying zoning district, the more stringent requirements shall apply. PART H Section 43.13 and its subsections shall be renumbered respectively to Section 43.13a(1) through (11) and the following subsection shall be added: 43.13 b. In addition to the development regulations set forth in the underlying zoning district, the following additional development regulations shall be required for any non-single family residential use or building within two hundred feet (200') of property being within the "MH" Manufactured Housing District and also having a Iow or medium density residential land use designation according to the Land Use Plan. (as amended by Ord. 480-QQ) l) Mechanical Equipment Screening: All buildings must be designed such that no mechanical equipment (HVAC, etc.) or satellite dishes shall be visible from the adjacent MH district. This shall include equipment on the roof, on the ground or otherwise attached to the building or located on the site. Such equipment shall be appropriately screened with fences or by vegetative or other means. 2) Loading and Service Areas: Loading and service areas shall be located at the side or rear of buildings. Where visible from the adjoining MH district, a minimm= 8-foot screen (either masonry or vegetative) shall be required to screen views of loading docks and loading spaces intended for tractor/semi- trailer delivery. This 8-foot wall must screen at least 80% of the loading dock or space. The accommodation of adequate access for service delivery trucks may be evaluated to determine the extent of screening required. 3) Trash Receptacles and Recycling Receptacles: No trash receptacles or recycling receptacles shall be located within twenty-five feet (25') of MH district property. They shall be screened by a minimum six-foot (6') masonry or vegetative screen. 4) Setbacks / Yards: No nonresidential building may encroach in the area above a line having a slope of 2:1 from any MH district property. However, a structure may be built up to within twenty-five feet (25') of the MH district property line, provided that the structure is no greater than one story or twenty feet (20') in height. §pill-over Lighting: No use or operation shall produce direct or indirect illumination across a residential property line except in compliance with the current lighting ordinance, as amended. 6) Noise: Noise levels shall comply with the requirements of the current noise ordinance, as amended. 7) Variances: Variances to the development regulations in this Section shall be limited to those set forth in Section 43.9 b of this ordinance. PART l Section 44- Board of Adjustment Add the "MH" district as district where the special exception uses listed under subsections 44.12 (3), (4), (5) and (6) are permitted: 44.12 SPECIAL EXCEPTIONS USE POWERS - The following special exceptions may be permitted by the Board of Adjustment in the district specified, subject to full and complete compliance with any and all conditions required in this section, together with such other conditions as the Board may impose (as amended by Ordinance No. 480-D): SPECIAL EXCEPTION USE District Where Permitted 3. The construction of accessory buildings or structures of a size or aggregate AG, MF- I, MF-2, SF- 1 A, SF- size greater than that permitted under the accessory building requirements 1 B, SF-30, SF-20A, SF-20B, of the zoning district in which the properly lies. MH PLOT PLAN REQUIRED 5. In-home day care per state regulations. RE,SF4A, SF-IB, SF-30, SF- 20A, SF-20B, MH PLOT PLAN REQUIRED 6. In-home swimming lessons. RE,SF-1A, SF-1B, SF-30, SF- 20A, and SF-20B, MH PLOT PLAN REQUIRED PART J Section 45 - Specific Use Permits Add the "MH" district as district where the Specific Use Permit listed under subsection 45.1 (8) is permitted: SECTION 45 SPECIFIC USE PERMITS SPECIFIC USE DISTRICT WHERE PERMITTED 8. Community centers and service clubs dedicated to social or recreational activities serving AG, RE, SF-1 A, SF- the City or neighborhood thereof. Such buildings and facilities shall be set back at least 1 B, SF-30, SF-20A, thirty (30) feet from all side and rear property lines and forty (40) feet from any street SF-20B, MF-1 and line. The total ground floor area of all such buildings and structures shall not cover ruore MF-2, MH than twenty-five (25) percent of the site area devoted to such facilities and activities. PART K This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. PART L It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections 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 and 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, clause, sentence, paragraph or section. PART M Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. PART N All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. PART O The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. PART P The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. PART Q This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the /~' day of ~ ,2002. .,,,~,~'~ B 1.~',,,, ATTEST: ,,, ~.. ........ .% -,. PASSED AND APPROVED on the 1nd reading the ~ day of ~pJ ,2002. ... ~o~ ......... ~: ......... .6/ '",,,,,,,~ ~,~,'"' CITY SEC~TAR~ APPROVED AS TO FORM AND LEG~ITY: CiTY t~/r-T,ORNEY - DATE: /4/I..5,/05 ADOPTED: /h'[5 02 EFFECTIVE: INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 219616811 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 10/4/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 10/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21961681 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Attn: Publication Date: 10/4/02 ° , : ". .ia Col Deitili litAge,.. D NOTICE OF PUBLIC HEARING Notic I3580 1 79 79 LINE $6.63 $523.77 NOTICE OF PUB Sales Discount Notice is hereby IN given ($459.78) by the City Council of the City of Southlake, Texas, that a public hearing. will be held on October 15, 2002, at 6:00 p.m. or im- mediately following $63.99 the Work Session, Net Amount: during the Regular City Council Meeting to be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider the second reading of the following ordi- nance:ORD [`t�//n ORDINANCE V 'L��' NO. 480-00 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS u AMENDED, THE rT COMPREHENSIVE OV I I ( �oOrt ZONING ORDI- NANCE OF THE CITY • TTEXAS;SOUT REV HLA ISINEG .. THE STATE Of CERTAIN SECTIONS REGARDING MAN- County of Tarra HOUSING; UPROVID- D ING THAT THIS ORDINANCE SHALL Before me,a Nc 4LL ORDINAINCESF Id County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the Star-Tele PROVIDING A SEv-Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say ERABILITY CLAUSE; that the attaches PROVIDING FOR A.ment was published in the above named paper on the listed dates: BIDS 8L LEGALS DEPT. STAR TELEGRAM (817) 390-718 LATIONS PENALTY FOR O; 1 rrt /A,�`�/' PROVIDING A SAV- (/�/`'V INGS CLAUSE PROVIDING FOF# L& PUBLICATION IN Signed PROVIDING FORM;FO SUBSCRIBED A PUBLICATION IN THE OFFICIAL RE ME, THIS Tuesday,October 82002. NEWSPAPER ANDL)L(J4.. gl PART I Notary Public Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to comply with or who VICKI L, WASON resists the enforce- A ment of any of the ' MY / COMMISSION EXPIRES Thank You provisions of this or-lent ; —— —-- — —— dinance shall be fined not more than Two `.t„„„,,,,,.�•' At+GUST 28,2004 -- -- —— Thousand Dollars———— -- ($2,000.00) for each �r ... offense.Each day,that a violation is permitted to exist shall consti- tute a separate of- fense. Remit To: 1City Cltwr Fa whe Secretary ake Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH,TX 76101-2051 Invoice Number: 219616811 Invoice Amount: $63.99 PO Number: Amount Enclosed: $ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 220100851 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 10/18/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 10/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 22010085 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 10/18/02 ese a . ., , . 1T„'Location '' ' Col Depth Linage MU Rater oun CITY OF cn1TTUT A V P TEXAS ORDIN I3580 1 69 69 LINE $6.63 $457.47 CITY OF SOUTHLAKE TEXAS ORDI[JAI�iCaF Sales I AN NO OR INANQE ($401.58) AMENDING QRuD! NANCE NO.480 AS AMENDED, ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, Net Amount: $55.89 TEXAS; REVISING CERTAIN SECTIONS REGARDING MAN- U F A C T U R E D HOUSING; PROVED- ^ 0 , ING THAT THIS I ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A LATIONS HEREOF; " L., PROVIDING CA SAV- i__________________ , INGS AUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM OFFICE OF CITY SECRETARY F� PROVIDING FO PUBLICATIOOF N FICI NEWSPAPER AND • PROVIDING AN EF- THE. FECTIPVAERTDAN E• Count An p kone wo vio lales,disobeys,omits, neglects or refuses Befort resists the enforce- and for said County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for tht ment of ag of the duly sworn, p say that tF dinance shall be�fied d� by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being did depose and t817) not theooila s I advertisement was published in the above named paper on the listed dates: BIDS 8i LEGALS DEPT. STAR TELEGRAM ($2,000.00) for each offense.Each day that a violation is permitted 1/ J to exist shall constr Signed Vak-Uf -lute a separate of- fense. SUBSC PASSED AND AP O BEFORE ME, THIS Saturday,October 19,2002 PROVED THIS THE 15th DAY OF OC- g TOBER 2002 DUR- f /J — L1 ING THE REGULAR �-/ COUNCIL Notary Public MEETING: MAYOR: Rick Stacy ATTEST: Lori A. Farwell, city Secretary „,„.„„ APPROVED AS TO 1 \ MY Thank E. AllenTaylorCOMMISSONEXE_ Payment � , �; ot&E*". Al IGl1ST28,2004 Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH,TX 76101-2051 Invoice Number: 220100851 Invoice Amount: $55.89 PO Number: Amount Enclosed: $