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0483-JORDINANCE NO. 483-J OFFICIAL RECORD AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE NO. 483, THE SUBDIVISION ORDINANCE; REVISING ARTICLE I, III, VIII AS THEY PERTAIN TO THE REGULATION OF MANUFACTURED HOUSING; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; 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. 483, as the Subdivision 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. 483 as provided herein; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the Subdivision Ordinance as required by law; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: PART A Article 1 - General Provisions Add the following definitions under Section 1.04 (B) Definitions: MANUFACTURED HOUSING OR MANUFACTURED HOME: 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) Itt_ID-CODE MANUFACTURED HOME: A structure constructed on or after June ] 5, 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 permanenl foundation ~vhen connected to the required utilities, and includes thc plmnbing, healing, air-conditioning, and electrical systems with the appropriate labch The term does not include a recreational vehicle. (or as amended under Texas Manufactured Housing Standards Act. Texas Civil Statutes. Article 5221t) LABEL: A device or insignia issued by thc director (of thc manut:actured housing division of the Texas Depm~tmenl of Housing and Community Affairs) to indicate compliance wSth the standards, rules, and regulations established by lhe Un/ted Stated Department of Housing and Urban Development (HUD), and is permanently affixed to each transportable sect ion of each H U D-code man u/hctured home constructed after June 15. 1976. tbr sale to a consnmcr. (or as amended under Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article 522113 MOBILE HOME: A structure that xvas constructed before June 15, 1976, transportable in one or more section, which, m thc traveling mode. is eight (8) body feet or more in width or 40 body feet or more in [eugth. 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 thc required utilities, and includes thc plumbing, heating, air-conditioning, and electrical systems. (or as amended under Texas Manufactnrcd Housing Standards Act, Texas Civil Statutes. Article 52210 MANUFACTURED HOME SUBDIVISION is a residential development in which a parcel of land divided into individual single-family residential lots, and sold for manufactured home residential structnres. MANUFACTURED ttOME PARK is a residential development where a parcel of land under singlc ownership has been planned and improved for the placement of multiple manufactured homes, and leased or rented fbr residential occupancy. PART B ARTICLE II- GENERAL PLATTING Delete Section 2.02(A) and replace with the following: 2.02 (A) Every owner of a single tract of land, within the corporate limits of the City or within its extrateiTitorial jurisdiction, shall be required to submit a "Plat Showing" of said tract and obtain approval of said plat pr/or to the commencement of construction upon said tract, and no building permit shall be issued for the construction of any building, nor shall any construction commence upon said tract prior to the filing of a plat of said property in the County Plat Records. However, nothing herein shall require a plat to be approved and filed as a prerequisite to construction where such construction occurs on land which is within the municipal city limits and is zoned Residential, Manufactured Housing or Agricultural, or is not within the Municipal City Limits and therefore is not zoned, and such construction is for any of the following purposes: 1. Adding to an existing building or structure; 2. Altering an existing building or structure; 3. Adding an accessory building or structure; Restoring any building or structure previously destroyed by fire, explosion, or any other casualty or act of God, where the extent of the destruction is not more than fifty percent (50%) of its reasonable market value. Replacement ora mobile home prex iously legally permitted and used or occupied as a residential dwelliug with a HUD-code manufactured home (as defined by Texas Manufactm'ed l-lousing Act, Article 5221 f). PART C ARTICLE IV - PROCEDURES FOR PLAT APPROVAL Add the following to Section 4.01 (B): 11. When preparing a plat for the snbdivisiou or re-subdivision of unplatted tracts in the "MH" - Manufactured ltousing district, the subdivider is encouraged to formalize pre- cxistiug tract patterns into lots. In an etTort to establish a consistent and cohesive lot pattern, limited deviations fi'om the pre-existing tract area boundaries may be permitted due to irregularity in tract ownership and development. Any such allowance shall generally not result in an increase in the total number of tracts/lots unless authorized by City Council. Any changes fi'om the pre-existing tract layout shall be firmly based on promoting a regular lot pattern that is in keeping with thc characteristics for that particular neighborhood. PART C ARTICLE VIII - MISCELLANEOUS REQUIREMENTS Delete Section 8.01 (E) and replace with the following: 8.o (E). With the exception of lots or tracts in the Manufactured Housing district, At a row or tier of lots having a minimum lot width of 125 feet at the rear property line shall be provided adjacent to the following: any property that is currently zoned or platted residential and contains lost of one acre or larger any property shown on the approved City Land Use Plan to be designated for lots of one acre or larger in size PART D ARTICLE VIII - MISCELLANEOUS REQUIREMENTS Delete Section 8.0I (G) and replace with the following: 8.01 (G) Buffer lots: With the exception of lots or tracts in the Manufactured Housing district, a minimum 30,000 square foot lots shall be required on all lots adjacent to platted property zone SF-1 or RE. PART E 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 F 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 G 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. PART H 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 0f this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. PART I 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 (1 O) 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 J 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 ~he_/' ,2002. MAYOR ,, .,-. ....... % % ATTEST: ... ~0... ... ~-~ ~ o'... ..' ~ -% .. ........ ......- ci,y SECPd~T %,,, * ~ PASSED AND APPROVED on the 2nd reading the l~ day of~.~E._, 2002. APPROVED AS TO FORM AND LEGALITY: ATTEST: CITY SECRETARY CFi~TORNEY DATE: ADOPTED: EFFECTIVE: Ordinance 483-J Manufactured Housing Amendments