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10/11/2004-PZ-Agenda Packet-RegularAGENDA PLANNING AND ZONING COMMISSION MONDAY, OCTOBER 11, 2004 201 BOLIVAR 7: 00 P.M. 1. Call Meeting to Order. 2. Approve Minutes: September 2, 2004 3. Consider and Possible Action on a Preliminary Plat for Brooke Hill Village, being 14.7 acres in the Henry Tierwester Survey. Property is located South of Holt Road between Keaton Road and the Service Road. 4. Consider and Possible Action regarding Possible changes to The City of Sanger Code of Ordinances, Chapter 3, Building Regulations. 5. Adjourn. ,� fF •NG, kosilie Chavez, City Secre r e and Time Posted ,. XAS_0 This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be -made 48 hours prior to this meeting. Please contact the Ci Secretary's office at 940 458-7930 for further information. • • IF YOU ARE UNABLE TO ATTEND, PLEASE CALL SAM OR ROSE AT 458-7930 ! to MINUTES: PLANNING AND ZONING COMMISSION SEPTEMBER 29,2004 PRESENT: Polly Dwyer, Jerry Jenkins, Gail Goodner, Shelley Ruland, Ken Perry, Mike James, Ralph Cain 1. Ken Perry Called Meeting to Order. 2. Mike James made a motion to appoint Jerry Jenkins as Chairperson and Ken Perry as Co -Chairperson. Seconded by Ralph Cain. Motion carried unanimously. 3. Approve Minutes: July 1, 2004 Polly Dwyer made a motion to approve the minutes as presented. Seconded by Ralph Cain. Motion carried unanimously. 4. Conduct Public Haring on Ranger Creek Estates Phase II(Abstract 1241 in the Henry Tierwester'Survey being 17.24 Acres) to Consider Zoning Change Request from "A" (Agricultural District) to SF-6E (Single Family 6E). Property is located on the South Side of McReynolds Road. Declared Public Hearing Opened. No one spoke for or against. Declared Public Hearing Closed. 5. Consider and Possible Action on Zoning Change Request from "A" (Agricultural District) to SF-6E (Single Family 6E) pm Ranger Creek Estates Phase II (Abstract 1241 in the Henry Tierwester Survey being 17.24 Acres). Property is located on the South Side of McReynolds Road. Discussion. Motion was made by Mike James to approve Zoning Change Request from "A" (Agricultural District) to SF-6E (Single Family 6E) on Ranger Creek Estates Phase II (Abstract 1241 in the Henry Tierwester Survey being 17.24 Acres). Seconded by Ken Perry. Motion carried unanimously. 6. Consider and Possible Action on the Final Plat for Ranger Creek Estates, Phase II Being 17.24 Acres in the Henry Tierwester Survey, Abstract 1241. Property is located on the South Side of McReynolds Road. City Secretary indicated that in the letter from Lee Allison, the plat was approved, contingent to the fact that no building permits will be issued in that area. The lots in question are Lots 5 and 6 of Block A in Ranger Creek Estates Phase IL Discussion continued. Roger Otwell addressed the Planning and Zoning Commission in regards to further development in that area. He indicated that the next phases would be a Plan Development. Discussion Continued. Roger Otwell indicated that he would like to use side entry garages with a 10 foot and 6 foot setbacks. This would enhance the neighborhood in the fact that every driveway would be on the side of the house. No two houses would be connected together. This item was discussed and he was advised that this item would have to be considered by council, they would be the ones to grant the request. Motion was made by Polly Dwyer to approve the final plat of Ranger Creek Phase II being 17.24 Acres in the Henry Tierwester Survey to allow a variance of alleys and the exclusions of Lots 5 and 6, Block A, for residential construction as indicated in the general notes of the City Engineer's letter. Seconded by Mike James. Motion carried unanimously. 7. Adjournment. MEMO October 8, 2004 To: Planning &, Zoning Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item 3 - Brooke Hill Village. Attached is the information regarding this request. The Engineer has recommended approval. A FROM : THE A_LISON FAMILY PHONE NO. : 817 380 9431 Oct. 01 2004 07:56PM P2 .Alison Engineering 611 Pecan Creek Road, Denton, Texas 76207 (940) 380-9453 Off/Home (940) 380-9421 Fax Dctober 1, 2004 vlr. Jack Smith -ity Manager 'ity of Sanger :'.0. Box 1729 finger, Texas 76266 Re: Brooke Hill Village .. Preliminary Plat - 2" d Review-� Ile Z Dear Mr. Smith: 4�. ' E "son Engineering -'recommends appro9d of the preliminary plat. All of the comments f om the original review appear to have been addressed satisfactorily. � 1lison Engineering's review of submittals for land development projects is only untended to establish a reasonable level of confidence that the developer is complying v ith applicable rules and regulations. Our review is not intended to provide quality c.)ntrol nor assure anyone that the development is fully compliant. The responsibility for o )mpliance remains solely with the developer throughout the process; from zoning and p atting through construction and the warranty period. The developer is responsible for a ►rrecting all deficiencies, regardless of the time they are discovered We appreciate the opportunity to continue providing professional services for the City of S. mger. Please call if you have any questions or need any additional information or cl arification. R:spectfully Submitted, AWon Engineering C��4�w� - Lee K. Allison, P,E., NSPE Xc : Rose Chavez Fddie Branham John Henderson Mike Prater Allen Bussell Greg Edwards PWi0f] .'N&AW W eAnW t Md W - 9keLreL A AU .CaAWM abort .V#WM'TArm. GREG EDWARDS ENGINEERING SERVICES, INC. 1621 AMANDA COURT PONDER, TX 76259 (940) 482-2907 PH (940) 482-8128 FX www.GEES.us Tuesday, September 21, 2004 Lee Allison City of Sanger P.O. Box 1729 Sanger, TX 76266 RE: Brooke Hill Village = Preliminary Plat Dear Lee: - (,.-- Attached are revised copies of the plans. The following is a summary of the revisions we have made to address your comments dated September 7, 2004. Comment. Lot 01, Block A does not include the side yard setback line. It should be indicated as 20 feet. Also the front yard and rear yard buildings lines should be extended across the PD portion of the lot. Response: The building line extends to the PD limit on Lot 1, Block A, since no commercial buildings are allowed within the P.D. Comment. The vicinity map should indicate that the site extends from Keaton Road to IH- 35. it currently stops about 2/3 the distance. Response: The vicinity map now shows site extends from Keaton Road to IH 35 service road. Comment. Since the existing downstream storm sewer system appears to be designed for the 10 year storm and ,then must demonstrate that the 100 year storm will remain within the right of way of the downstream streets until it reaches Duck Creek. Response: See attached drainage report. We do not intend on increasing flow in Keaton Road between the site and Duck Creek Road. Comment. Recent storm events have resulted in the flooding of a home on Rising Star, adjacent to Duck Creek. Please demonstrate that the additional flows to Duck Creek on the upstream side of the Keaton Road culverts will not further impact the flooding or cause the Z:13ENT RECORDs\1000-10"U039\1039 - LT01 Lee Allison commwtadoc Lee Allison City of Sanger September 21, 2004 Page 2 home to flood more often. The City is communicating with the county regarding improvements to the culverts. Response: See attached drainage report. We do not intend on increasing flow in Keaton Road between the site and Duck Creek Road. Comment. Developer originally proposed making downstream drainage improvements in lieu of detention. These improvements should be identified and resolved prior to approval of the preliminary plat. Response: See attached drainage report. We are proposing on -site storm water management facilities to be maintained by the homeowner's association. - As .an alternate, owner may contribute to the off -site improvement as discussed. With the revised drawings and drainage report, we should meet the City of Sanger requirements and hope that you will be able to recommend approval of the Preliminary Plat. Sincerely, Greg ards, P.E. GEES, Inc. GE/nas Encl. copies revised plans ZASENT RECORDS\1000-1099\1039\1039 - LT01 Lee Allison comments.doc FROM : THE A-LISON FAMILY PHONE NO. : 817 380 9431 Sep. 21 2004 12:01AM P1 e Allison Engineering 611 Pecan Creek Road, C)enton, Texas 76207 (940) 380-9453 Off/Home (940) 380-9421 Fax ; ieptember 7, 2004 1.4r. Jack Smith City Manager City of Sanger VO. Box 1729 anger, Texas 76266 k.e: Brooke IN Village Preliminary Plat. I gar Mr. Smith: Allison Engineering recommends denW of the preliminary plat. The site is located v ithin the City Limits of the City of Sanger. C ur comments include: ➢ Lot 01, Block A does not include the side yard setback line. it should be indicated as 20 feet. Also the front yard and rear yard building lines should be extended across the PD portion of the lot. ➢ The vicinity map should indicate that the site extends from Keaton Road to I14-35. It currently stops about 2/3 the distance. ➢ Since the existing downstream storm sewer system appears to be designed for the 10 year storm, and then must demonstrate that the 100 year storm will remain within the right of way of the downstream streets until it reaches Duck Creek. ➢ Recent storm events have resulted in the flooding of a home on Rising Star, adjacent to Duck Creek Please demonstrate that the additional flows to Duck Creek on the upstream side of the Keaton Road culverts will not further impact the flooding or cause the home to flood more often. The City a communicating with the county regarding improvements to the culverts. ➢ Developer originally proposed making downstream drainage improvements in lieu detention. These improvements should be identified and resolved prior to approval of the preliminary plat. Al Eison Engineering's review of submittals for land development projects is only intended to establish a reasonable level of confidence that the developer is complying wi h applicable rules and regulations. Our review is not intended to provide quality co itrol nor assure anyone that the development is fully compliant. The responsibility for co npliance remains solely with the developer throughout the process; from zoning and ph tting through construction and the warranty period. The developer is responsible for co) recting all deficiencies, regardless of the time they are discovered. Page 1 of 2 .gVAM JM t2AMWINdklA - 0KUM;WA df r Sawtnne AfWd &WW !i Aft FROM : THE A-LISON FAMILY PHONE NO. : 817 380 9431 Sep. 21 2004 12:02AM P2 We appreciate the opportunity to continue providing professional services for the City of ianger. Please call if you have any questions or need any additional information or .:larification. tespectfully Submitted, iWon ,Engineering Lee K. Allison, P.E., NSPE 1:c: Rose Chavez Eddie Branham t John Henderson Mike Piater Allen Bus* sell Par 2 of 2 WAMdM PAMMAaMM and YW&wdew EIS .VMA4-AA& Afaf 50W TAFAa GREG EDWARDS ENGINEERING SERVICES, INC. 1621 AMANDA COURT PONDER, TX 76259 (940) 482-2907 PH (940) 482-8128 FX www.GEES.us Wednesday, August 11, 2004 Lee Allison, P.E. Allison Engineering 611 Pecan Creek Road Denton, TX 76207 Ph: (940) 390-9453 Fx: (940) 380-9431 RE: Brooke Hill Village Dear Lee: As we have discussed, the City of Sanger does not appear to have specific drainage requirements listed in their Subdivision Ordinance. We have prepared the preliminary drainage computations in accordance with the City of Denton, 1990 Drainage Criteria Manual. Our preliminary computations address some of the concerns and some of the development options that might be required on the Brooke Hill Village project as follows. • Keaton Road, in its existing condition, does not have capacity within its curbs and pipe system to convey the 10-year storm. Our estimates show that a 100-year storm will use approximately 94% of the allowable capacity within the right-of-way. Development of Brooke Hill Village will increase the 100-year storm by approximately 15% over existing conditions. This will either overload Keaton Road or cause additional flow to go down Laney and Benjamin Streets. • Based on the preliminary flow estimates, we have estimated that approximately 1 acre-foot of detention storage will be required to mitigate the impact of the proposed development. The attached on -site Detention Pond cost estimate shows the anticipated cost of connecting a proposed detention pond to the proposed on -site storm sewer system. • Our preliminary drainage computations indicate that the Laney Street system does not appear to meet the 1990 City of Denton Drainage Criteria. The attached off -site storm sewer cost estimate assumes that a storm sewer system be constructed from Duck Creek Road along Laney Street to Keaton Road. We have tried to size the Z:WENr REOORDs\1000-1099\1039\1039 preliminary drainage reporl200408-11.doc Lee Allison, P.E. Allison Engineering August 11, 2004 Page 2 system so that it will provide relief to the Keaton Road system and convey up to the 10-year storm underground along Laney Street. From our discussions it appears that there is a home near the intersection of Keaton Road and Duck Creek Road that is already experiencing flooding downstream of Brooke Hill Village. Either a detention pond to mitigate run-off increases or off -site improvements to mitigate damage potential appear to be needed to protect our clients from potential litigation due to the proposed development. From our discussions, it appears that the Council may be more interested in participating in an upgrade to the Laney Street system than allowing an on -site detention pond. After your review of this information we would like to meet with you to discuss your recommendations to the City, and` see if there is additional information that would assist you with your recommendation. Sincerely, Gre wards, P. E. GEES, Inc. GE/nas Encl. Construction Cost Estimate — Off -Site Storm Sewer Construction Cost Estimate — Off -Site Detention Pond Z:\SENT RECORDS\1000-1099\1039\1039 preliminary drainage report2004-08-I l.doc BROOKE HILL VILLAGE, SANGER, TEXAS CONSTRUCTION COST ESTIMATE - AUGUST 10, 2004 ON -SITE DETENTION POND ITEM QUANTITY UNIT PRICE EXTENSION DETENTION POND 18" RCP, CLASS III 200 LF $32.00 $6,400.00 POND EXCAVATION & GRADING 1,000 CY $4.00 $4,000.00 POND OUTLET STRUCTURE 1 EA $5,000.00 $5,000.00 TOTAL DETENTION POND $15,400.00 ESTIMATED CONSTRUCTION CONTINGENCY ENGINEERING TOTAL ESTIMATED CONSTRUCTION - APPROX. $15,400.00 $2,300.00 $2,300.00 $20,000.00 Page 1 BROOKE HILL VILLAGE, SANGER, TEXAS CONSTRUCTION COST ESTIMATE - AUGUST 10, 2004 OFF -SITE STORM SEWER ITEM QUANTITY UNIT PRICE EXTENSION DRAINAGE IMPROVEMENTS 30" RCP CLASS III 1,000 LF $46.00 $46,000.00 36" RCP CLASS III 375 LF $58.00 $21,750.00 42" RCP CLASS III 300 LF $92.00 $27,600.00 48" RCP CLASS III 60 LF $100.00 $6,000.00 HEADWALL 2 EA $5,000.00 $10,000.00 10' CURB INLET 10 EA $2,100.00 $21,000.00 JUNCTION BOX 4 EA $2,500.00 $10,000.00 REMOVE & REPLACE EXISTING PAVEMENT 2,500 LF $20.00 $50,000.00 TRENCH SAFETY 2,185 LF $1.00 $2,185.00 TOTAL DRAINAGE IMPROVEMENTS $208,935.00 ESTIMATED CONSTRUCTION $208,935.00 CONTINGENCY $20,532.50 ENGINEERING $20,532.50 TOTAL ESTIMATED CONSTRUCTION - APPROX. $250,000.00 Page 1 October 8, 2004 To: Planning & Zoning Fr: Rose Chavez, City Secretary/Assistant City Manager Re: Item 4 - Building Regulations Attached are the Building Regulations for review. Sanger Code of Ordinances CHAPTER 3 BUILDING REGULATIONS ARTICLE 3.100 BUILDING INSPECTION DEPARTMENT ESTABLISHED (a) There is hereby established a building inspection department to enforce the building codes adopted by the City of Sanger, Texas, to insure and safeguard life and limb, health, property and public welfare. (b) There is hereby established a position of building official to be head of said division, who shall be solely responsible for all matters relative to construction, inspection and enforcement of these codes. (c) The building official shall be responsible for the issuance of citations to any person, firm or corporation which is found to be in violation of any building codes or city ordinances, after all other attempts to correct the problem has failed. (d) The building official shall receive an annual salary as determined by the city council which will be paid in bi-weekly installments which will commence on or before September 1, 1986. (1992 Code of Ordinances, Chapter 3, Article 3.100) ARTICLE 3.200 BUILDING CODE ADOPTED The Uniform Building Code, 2000 Edition, published by the International Conference of building officials is hereby adopted for the purpose of establishing rules and regulations for the construction, erection, alteration, moving, demolition, repair, use and occupancy of any building or structure within this jurisdiction. One (1) copy of said code shall be kept on file in the office of the city secretary. Those portions of said code pertaining to building and construction fees shall be amended to read as set forth in the fee schedule found in the appendix of this code. (Ordinance 10-27-01 adopted 10/15/01; Ordinance adopting Code) ARTICLE 3.300 PLUMBING CODE ADOPTED*(1) It is hereby adopted for the purpose of providing minimum requirements and standards for the Sanger Code of Ordinances protection of the public's health, safety and welfare, The Uniform Plumbing Code, 2000 Edition, published by the International Conference of building officials, and all new editions as they become available. One copy of said code is to be on file in the office of the city secretary. Fees are as set forth in the fee schedule in the appendix of this code. (Ordinance 10-27-01 adopted 10/15101; Ordinance adopting Code) ARTICLE 3.400 MECHANICAL CODE ADOPTED It is hereby adopted for the purpose of providing minimum requirements and standards to safeguard life or limb, health, property and public welfare, the Uniform Mechanical Code, 2000 Edition, published by the International Conference of building officials, and all new editions as they become available. One (1) copy of said code to be on file in the office of the city secretary. Fees are as set forth in the fee schedule in the appendix of this code. (Ordinance 10-27-01 adopted 10/15101; Ordinance adopting Code) ARTICLE 3.500 ELECTRICAL CODE Sec. 3.501 Compliance With National Electrical Code All electrical construction, alteration, replacement, repair and all material and apparatus used in connection with electrical work and the placement and operation of all electrical apparatus in the city shall be in strict compliance with the standards established by the 2000 Edition of the National Electrical Code as amended, such code being the publication of the National Board of Fire Underwriters for electrical wiring and apparatus as recommended by the National Fire Protection Association. The electrical inspector shall keep a copy of the most current edition of the National Electrical Code in his or her office at all times for public inspection and use. (Ordinance 10-27-01 adopted 10/15101; Ordinance adopting Code) Sec. 3.502 The Office of Electrical Inspectors The office of electrical inspector in and for the City of Sanger shall be filled by appointment by the city manager and electrical superintendent, with consent of the city council. Said electrical inspector shall be a competent electrician, well versed in the rules and regulations of the National Electrical Code. Before assuming any authority conferred by this article, the said electrical inspector shall file with the city secretary of the City of Sanger a good and sufficient surety bond in the penal sum of one thousand dollars ($1,000.00) payable to the City of Sanger, conditioned upon the faithful performance of his or her duties. It shall be the duty of the electrical inspector to enforce the provisions of this article, and to keep a record of all electrical wiring and apparatus inspected by him or her. (1992 Code of Ordinances, Chapter 3, Article 3.500, Section 3.502) Sanger Code of Ordinances Sec. 3.503 Inspections It shall be unlawful for any person, firm or corporation to hinder the electrical inspector while he or she is acting in the line of duty. He or she shall be given free and prompt access to all buildings, whether public or private, or to any other place he or she deems necessary to the proper inspection of any electrical wiring or apparatus within the City of Sanger. No electrical apparatus, device or wire which in the opinion of the electrical inspector might cause a hazard to human life, shall be constructed or maintained, and the electrical inspector shall have the right, through the authority of the city council, to discontinue electric current supplying the building or place in which such hazard exists until such time as said hazard is removed or remedied to the satisfaction of said electrical inspector. Prior to taking such action, notification of the intent to discontinue the power will be provided to the customer. Upon notification by the electrical inspector, the Sanger Electric System is hereby authorized to immediately cut off, or cause to be cut off, any and all electrical power from any room, building, power line or district when public safety so demands, or for any other reason deemed sufficient by said electrical inspector. (1992 Code of Ordinances, Chapter 3, Article 3.500, Section 3.503) Sec.3.504 Licenses (a) Valid License Required. It shall be unlawful for any person to install electric wiring or apparatus or to make any repairs, alterations, additions, or changes to electric wiring or apparatus used in connection with electric lighting, heating or power unless such person shall have previously obtained a master or journeyman electrician's license or homeowner's permit, or unless such person is a bona fide employee working under the direct supervision of a licensed electrician. (b) Application for Licenses or Homeowner's Permit. (1) Applications in General. To obtain a master or journeyman electrician license or homeowner's permit license, an application shall be made in writing through the city secretary of the City of Sanger. The application shall show the applicant's name and such other information as hereinafter prescribed by this section or by the electrical code board. Any person wishing to obtain a master or journeyman's electrician license or a homeowner's permit license shall so indicate to the city secretary of the City of Sanger, whereupon said city secretary shall call together, within the next fourteen (14) days, the electrical code board to examine said applicant as to his or her worthiness for such license or permit. (2) Applications for Master Electrician's License. Applicants for master electrician's license shall show evidence of having had at least five (5) years experience in the Sanger Code of Ordinances installation, alteration, repair and maintenance of electrical equipment, wiring and apparatus and/or experience considered equivalent thereto by the electrical code board. Applicants shall furnish the name and address of former employers, period of time employed and in what capacity, proof of which shall be furnished in a manner satisfactory to the electrical code board. Every applicant shall be required to answer a reasonable number of questions in writing to show sufficient knowledge and technical training to plan, perform and/or supervise the work and the installation, alteration, repair of electrical equipment, wiring and apparatus authorized by permits issued by the electrical inspector's office. (3) Applications for Journeyman Electrician's License. Applicants for a journeyman electrician's license shall show evidence of having had at least three (3) years experience in the installation, alteration and repair of electrical equipment, wiring and apparatus and/or equivalent experience acceptable to the electrical code board. Every applicant shall be required to answer a reasonable number of questions in writing to show that he has sufficient knowledge and technical training to perform the work under the supervision of a master electrician. (4) Annlications for Homeowner's Permit License. Applicants for a homeowner's permit license need not show evidence of any previous experience. Every applicant shall, however, be required to answer a reasonable number of questions in writing to show that he or she has sufficient knowledge to perform the permissible work as hereinafter set out. (c) Issuance of Licenses. (1) Issuance of Master or Journeyman Electrician's License. An examination shall be made available to applicants once each month and an examination fee as set forth in the fee schedule in the appendix of this code. This fee shall apply toward the initial license fee if applicant successfully completes the examination. The examination fee shall be retained by the city if the applicant fails the examination. After having successfully passed the required examination, a master or journeyman electrician shall be issued a certificate of licensing showing that he or she has the necessary qualifications to perform the work so licensed by the requirements of this code. (2) Issuance of Homeowner's Permit License. After having successfully passed the required examination, a homeowner shall be issued a permit license showing that he or she has the necessary qualifications to perform electrical work in the dwelling in which he or she resides. Any person constructing a dwelling for resale purposes shall not be eligible for a homeowner's permit license. Sanger Code of Ordinances (d) Registration and Recognition of Licenses From Other Cities. Electricians holding a current valid license or certificate of registration in another city must receive a certificate of registration in the City of Sanger. The following conditions must be complied with: (1) He or she shall submit evidence satisfactory to a majority of the electrical code board that his or her license or certificate of registration was issued under conditions not less restrictive than required by the Sanger Electrical Code for issuance of a master or journeyman electrician license. (2) He or she shall pay the registration fee as provided for in the fee schedule in the appendix of this code, and comply with all other requirements of the Sanger Electrical Code. (e) License Fees. (1) Initial License Fee. An initial license fee as set forth in the fee schedule in the appendix of this code, shall be paid in advance by each person licensed as a master electrician by the City of Sanger. An initial license fee as set forth in the fee schedule, shall be paid in advance by each person licensed as a journeyman electrician by the City of Sanger. An initial license fee as set forth the fee schedule, shall be paid in advance by any person granted a homeowner's permit license by the City of Sanger. (2) Renewal Fee. A fee as set forth in the fee schedule in the appendix of this code, shall be paid annually by each holder of a master electrician's license for the renewal of the license. A fee as set forth in the fee schedule, shall be paid annually by each holder of a journeyman electrician's license for the renewal of the license. A fee as set forth in the fee schedule, shall be paid annually by each holder of a homeowner's permit license for the renewal of the permit license. (f) Revocation or Refusal of License Registration. Any failure on the part of the holder of a master electrician's license or any of his employees to comply with the provisions of any ordinance of the City of Sanger regulating the installing, repairing, changing or altering any electrical wiring or apparatus shall be deemed sufficient cause for revoking said certificate of registration. (1992 Code of Ordinances, Chapter 3, Article 3.500, Section 3.504) Sec. 3.505 Companies Engaging in Such Electrical Business Any company, firm, corporation, association or co -partnership wishing to engage in the business of installing, repairing, changing or altering any electrical wiring or apparatus, shall first appoint Sanger Code of Ordinances a chief electrician who shall, before such company, firm, corporation, association or co -partnership may engage in such business, obtain a master electrician's license as hereinbefore provided. Said chief electrician shall be fully responsible for the work of all employees of said company, firm, corporation, association or co -partnership and he/she shall be directly liable for all damages, injuries or violations of law arising from the work of such employees. (1992 Code of Ordinances, Chapter 3, Article 3.500, Section 3.505) Sec. 3.506 Electrical Work Permits (a) Work Permit Required. It shall be unlawful for any person to install, change, alter or repair any electric wiring or apparatus (except routine repairs such as the replacement of fuses and lamps, and alleviation of short circuits), until after such person has first obtained a permit in writing to do so from the City of Sanger, and upon the approval of such work said permit shall be returned to said City of Sanger. (b) Electrical Permit Fees. Information and fees as set forth in the fee schedule in the appendix of this code shall be required prior to the issuance of any permit required by this section. (1992 Code of Ordinances, Chapter 3, Article 3.500, Section 3.506) Sec. 3.507 Minimum Standards of Work Certain minimum standards are as follows: (1) Aluminum wire shall be prohibited unless used in conduit. (2) Copper wire smaller than No. 1 THW and aluminum wire smaller than 2/0 THW shall be prohibited for service entrance cables. (3) A mast type service pole shall be required and shall be of such construction and so supported that it will withstand the strain imposed by the service drop. The meter base must be not less than five feet six inches (5'6"), nor more than seven feet (T) above ground. The droop pigtail shall be a minimum of eighteen inches (18") long. The roof jack should be of rigid conduit not less than twenty-four inches (24"), nor more than thirty-six inches (36") above roof. A support service bracket is required. All outside air conditioners will be required to have a weatherproof nonfused disconnect switch within eyesight on or near the unit. (1992 Code of Ordinances, Chapter 3, Article 3.500, Section 3.508) Sec. 3.508 Concealed Wiring Sanger Code of Ordinances No person, firm or corporation shall conceal, or cause to be concealed, any electric wiring or apparatus, except with the express permission of the electrical inspector, and the electrical inspector is hereby authorized to remove, or cause to be removed any material whatsoever which may conceal any electric wiring or apparatus contrary to this section. Upon completion of the inspection of any electric wiring or apparatus designed to be concealed which is found to be in full compliance with the provisions of this section, the electrical inspector shall post a notice of inspection at the distribution panel and the posting of said notice shall constitute permission to conceal said electric wiring or apparatus. (1992 Code of Ordinances, Chapter 3, Article 3.500, Section 3.508) Sec. 3.509 Certificate of Satisfactory Inspection When any work examined by the electrical inspector meets the approval of said electrical inspector, he or she shall issue a "Certificate of Satisfactory Inspection" to the electrician or electrical company doing such work. (1992 Code of Ordinances, Chapter 3, Article 3.500, Section 3.509) Sec.3.510 Liability This article shall not in any way be construed to lessen the liability of any person, firm, corporation or association of persons installing, changing, altering or repairing any electrical wiring or apparatus, or causing the same to be done, for damages to anyone injured thereby; nor shall the City of Sanger be held to assume any liability by reason of the inspection authorized therein, or the certificate issued pursuant to the provisions hereof. (1992 Code of Ordinances, Chapter 3, Article 3.500, Section 3.510) Sec. 3.511 Regulations Concerning Service (a) It is provided that upon completion of inspection by the electrical inspector, in the event he or she determines that any wiring, installing, repair or alteration so done upon the job or work he or she has inspected does not comply in every respect with the provisions of this article, and if the same has not been done by a person holding a master electrician's license, it shall be the duty of the electrical inspector to notify the Sanger Electric System of the City of Sanger, Texas, of the location of said place, the name of the owner of persons in charge thereof and of the fact said work or said job does not meet with the approval of such electrical inspector, and upon said written notice being given it shall be unlawful for any person or employee of said Sanger Electric System, Sanger, Texas, to connect any portion of said wiring, with an electric power line operated or used by the City of Sanger. (b) It shall be unlawful for any person, firm or corporation to break the seal on any electric Sanger Code of Ordinances meter without first notifying the Sanger Electric System. (c) It is provided that all inspections, installations, repairs and alterations as provided for in this article shall be subject to such further rules and regulations that may be promulgated by the city council of the City of Sanger, Texas, and such office of the city secretary of said city and shall be available for inspection and examination, and all penalties herein provided for shall apply to such rules and regulations so promulgated. (1992 Code of Ordinances, Chapter 3, Article 3.500, Section 3.511) ARTICLE 3.600 INTERNATIONAL RESIDENTIAL CODE (a) The purpose of this article is to provide minimum requirements for residential one and two family dwellings to safeguard life, health and public welfare and the protection of property as it relates to these safeguards by regulating and controlling the design, construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition of all buildings or structures and appurtenances thereto. (b) The International Residential Code is dedicated to the development of better building construction and greater safety to the public and uniformity in building laws; to the granting of full justice to all building materials on a fair basis of the true merits of each material; and to development on a sound economic basis or the future growth of our nation through unbiased and equitable dealing with building construction. (c) The International Residential Code as it read on May 1, 2001, is hereby adopted as the building code of the city. (Ordinance adopting Code) ARTICLE 3.700 MOVING HOUSES, BUILDINGS AND OTHER STRUCTURES Sec.3.701 Definitions For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. Buildin g. A structure designed, built, or occupied as a shelter or roofed enclosure for persons, animals, or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes. Buildings not exceeding twelve feet (12') in width, sixty feet (60') in length, and thirteen feet six inches (13'6") in height Sanger Code of Ordinances above the street level are exempted from this definition and terms of this article. Building IWector. The city manager or person hired by the city manager with the consent of the city council. (Ordinance adopting Code) Cam. The City of Sanger, Texas. Person. Any person, firm, partnership, association, corporation, company or organization of any kind. (1992 Code of Ordinances, Chapter 3, Article 3.800, Section 3.801) Sec.3.702 Permits (a) Permit Required. No person shall move any building or portion thereof over, along or across any highway, street or alley in the city without first obtaining a permit from the building inspector. No moving shall be permitted between the hours of 7:00 a.m. and 9:00 a.m. or 4:00 p.m. and 6:00 p.m. No moving will be allowed on weekends or holidays. (b) General Permit Requirements. No application for any permit to move buildings or other oversized loads will be accepted until the applicant shall have the following on file with the building inspector: (1) Bonding Requirements. A bond, approved as to form by the city attorney, executed by a bonding or surety company authorized to do business in the State of Texas in the amount of fifteen thousand dollars ($15,000.00), conditioned upon the assurance that this article and other applicable ordinances and laws will be complied with. Such bond shall run to the city and shall be conditioned on payment for any expense or damage to public property; and payment of any expenses, damages or losses resulting from any malfeasance, misfeasance, nonfeasance or negligence in connection with any of the activities upon which a moving permit applied for is granted. (2) Liability Insurance Requirements. In addition to the foregoing requirement for a bond, a liability insurance policy in full force and effect shall be required in the minimum sum of one hundred thousand dollars ($100,000.00) for injury or death to more than one (1) person from any one (1) accident and the minimum sum of one hundred thousand dollars ($100,000.00) for property damage for any one (1) accident, for an aggregate of two hundred thousand dollars ($200,000.00), and such policy shall contain a provision obligating the insurer to give written notice of cancellation not less than ten (10) days prior to the date of such cancellation to the building inspector. Sanger Code of Ordinances (1992 Code of Ordinances, Chapter 3, Article 3.800, Section 3.802) Sec. 3.703 Application for Permits A person seeking issuance of a permit hereunder shall file an application for such permit with the building inspector. (1) Application Form. The application shall be made in writing upon forms provided by the building inspector and shall be filed in the office of the building inspector. (2) Contents of Application. The application shall set forth a description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms, condition of exterior and interior and maximum height of building above ground level when mounted on moving apparatus; a legal description of the lot from which the building is to be moved, giving the lot, block, tract number and street address, if located in the city; a legal description of the lot to which it is proposed to move such building, giving lot, block, tract number and street address if located in the city or if outside the city, the destination; the portion of the lot to be occupied by the building when moved; the highways, streets and alleys over, along or across which the building is proposed to be moved; proposed moving date and hours; and any additional information which the building inspector shall find necessary to make a fair determination of whether a permit should be issued. (3) Papers to AccompanApplication. Attached to the application shall be the following: (A) Tax Certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any encumbrances and that all taxes and any city charges against the same have been paid in full. (B) Certificate of Ownership or Entitlement. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence that he/she is entitled to the building. (C) Texas Delartment of Highways and Public Transportation. The applicant shall file with the application a Texas Department of Highways and Public Transportation permit for moving oversized load if any part of the proposed route is along a designated U.S. or state numbered highway route. (1992 Code of Ordinances, Chapter 3, Article 3.800, Section 3.803) Sanger Code of Ordinances Sec. 3.704 Permit Fee The application shall be accompanied by a permit fee as set forth in the fee schedule in the appendix of this code. (1992 Code of Ordinances, Chapter 3, Article 3.800, Section 3.804) Sec. 3.705 Expense or Damage Deposits (a) Upon receipt of an application it shall be the duty of the building inspector to procure from the utilities department and other appropriate agencies an estimate of the expense that will be incurred in removing, replacing or altering any electric wires, street lamps or pole lines belonging to the city or any other property of the city, the removal, replacement or alteration of which will be required by reason of the moving of the building, together with the cost of materials necessary to be used in making such removals, replacements and/or alterations. Thereafter, prior to issuance of the permit, the building inspector shall require of the applicant a deposit of a sum of money equal to three (3) times the amount of the estimated expense, or three hundred dollars ($300.00), whichever sum is greater. (b) Additionally, said deposit shall be used as an indemnity for any damage which the city may sustain by reason of damage or injury to any highway, street, alley, sidewalk, fire hydrant, shade tree, traffic control device, utility line or other property of the city which may be caused by or be incidental to the moving of any building over, along or across any street of the city. (1992 Code of Ordinances, Chapter 3, Article 3.800, Section 3.805) Sec. 3.706 Duties of Building Inspector (a) Inspection. Prior to the issuance of the permit, the building inspector shall inspect the building and the applicant's equipment to determine compliance with the standards listed below and refuse to issue a permit if he/she finds that any application requirement or any fee or deposit requirement has not been complied with; that the building is too large to move without endangering persons or property in the city; that the building has deteriorated more than fifty percent (50%) of its original value by fire or other element, or is otherwise so structurally unsafe that it cannot be moved without endangering persons or property in the city; that the building is structurally unsafe or unfit for the purpose for which moved, if the proposed location is in the city; that the applicant's equipment is unsafe, unlicensed or otherwise not in conformity with the law, or that persons or property would be endangered by its use; that any municipal ordinance or other law would be violated by the building in its new location; or that for any other reason persons or property in the city would be endangered by the moving of the building. (b) Fees and Deposits Collected by City Secretary. Sanger Code of Ordinances (1) Deposit. The building inspector shall deposit all fees and deposits with the city secretary. All bonds and insurance policies shall be filed in the office of the city secretary. (2) Return Upon Nonissuance of Permit. Upon his/her refusal to issue a permit, the building inspector shall return to the applicant all deposits. A processing fee as set forth in the fee schedule in the appendix of this code, will be charged to defray expenses of inspection. Any permit fee in excess of fifteen dollars ($15.00) will be returned to the applicant. (3) Return Upon Allowance for Expense. After the building has been moved, the building inspector shall furnish a written statement of all expenses incurred in removing and replacing all property belonging to the city, and of all material used in the moving and replacement, together with a statement of all damages inflicted upon property belonging to the city. Provided however, that if any wires, poles, lamps or other property are not located in conformity with governing ordinances or state law, the permittee shall not be liable for the cost of removing the same. The building inspector shall return to the applicant all deposits after the city secretary deducts the sum sufficient to pay for all costs, expenses and damages to the property of the city by the moving of the building. (c) Secure Route Approval. The building inspector shall secure approval of the proposed route from the utilities department, department of public works and other utility service companies deemed advisable by him/her before issuing the moving permit. (1992 Code of Ordinances, Chapter 3, Article 3.800, Section 3.806) Sec. 3.707 Duties of Permittee Every permittee under this article shall: (1) use designated streets and move the building only over the streets approved for such use in the written permit; (2) notify the building inspector in writing of a desired change in moving date and/or time as proposed in the application at least twenty-four (24) hours before the new moving time; (3) notify the building inspector in writing of any and all damage done to property belonging to the city within twenty-four (24) hours after the damage or injury has occurred; Sanger Code of Ordinances (4) cause red lights to be displayed during the nighttime on every side of the building while standing on a street, in such a manner as to warn the public of the obstruction, and erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by the moving of the building; (5) remove the building from city streets after forty-eight (48) hours of such occupancy, unless an extension is granted by the building inspector; (6) comply with all applicable ordinances and laws upon relocating the building in the city; (7) provide such escort as may be required by the building inspector to accompany the movement of the building to protect the public from injury; (8) remove all concrete slabs, foundation remnants, rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a sanitary condition; and (9) notify all utility service companies to terminate and remove their services and obtain from each utility service organization a release stating that all service connections have been properly removed from the premises terminated. (1992 Code of Ordinances, Chapter 3, Article 3.800, Section 3.807) Sec. 3.708 Enforcement of This Article (a) Enforcing Officers. The building inspector, the police department, the utilities department and the department of public works shall enforce and carry out the requirements of this article. (b) Permittee Liable for Expense Above Deposit. The permittee shall be liable for any expense, damages or costs in excess of deposit amounts or securities, and the city attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such expenses, damages or costs. (c) When Original Premises Left Unsafe. Where permittee does not comply with leaving the original premises in a safe and sanitary condition, the city shall proceed to do the work, and the cost thereof shall be charged against the general deposit. (1992 Code of Ordinances, Chapter 3, Article 3.800, Section 3.808) Sec.3.709 Penalties Sanger Code of Ordinances (a) Any person who shall violate a provision of this article or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be fined in accordance with the general penalty provision found in Section 1.109 of this code. (b) The imposition of the penalties herein prescribed shall not preclude the city attorney from instituting an appropriate action or proceeding to prevent an unlawful movement or relocation of a building within the terms of this article stated above, or to restrain, correct or abate a violation of said article, or prevent an illegal act, conduct, business or use in or about any premises. (1992 Code of Ordinances, Chapter 3, Article 3.800, Section 3.809) ARTICLE 3.800 MOVEMENT OF OLD AND USED BUILDINGS OR STRUCTURES INTENDED FOR HUMAN HABITATION Sec. 3.801 Movement of Old or Used Buildings or Structures for Residential Purposes Into the City Prohibited No old or used house, building or other structure designed for any use, with the exception of an accessory building to be used in a residential zoning district, shall be permitted to be moved from any point outside the city limits of the City of Sanger, Texas, to any lot within the city limits of the City of Sanger, Texas. (Ordinance 10-26-01 adopted 10/1/01) Sec. 3.802 Issuance of Moving Permits, Building Permits, Repair Permits and Utility Connections Prohibited In order to further effectuate the purposes of this article, it is specifically provided that no moving permit, building permit, repair permit, certificate of occupancy or utility connection shall be issued or made by the City of Sanger, Texas, authorizing the movement of any old or previously used house, building or other structure designed or intended to be used for human habitation, from any point outside the incorporated limits of the City of Sanger, Texas, to any lot within the City of Sanger, Texas, or authorizing any type of construction, installation or repair work on any such building or structure moved in violation of this article or authorizing the use or occupancy of any such old house, building or other structure moved in violation of this article for human habitation, and no utility connections shall be made by the City of Sanger, Texas, or any other public utility to any house, building or other structure moved in violation of this article. (1992 Code of Ordinances, Chapter 3, Article 3.900, Section 3.902) Sec. 3.803 Exemptions and Exceptions Sanger Code of Ordinances This article shall not apply to or prevent the following: (1) The in -transit movement of prohibited houses, buildings or other structures through the City of Sanger, Texas; provided that all required permits are obtained for such movement, and such movement through the City of Sanger is made expeditiously, and without stopping in the City of Sanger, except for emergencies of an unforeseen nature. No permit for in -transit movement of prohibited houses, buildings, or other structures shall ever be construed in such a manner as to authorize or permit any such prohibited house, building or other structure to be placed, deposited, installed or left on any lot, or other place within the City of Sanger, Texas. (2) The movement of an old or previously used house, building or other structure now authorized to be used for residential purposes at its present location within the City of Sanger, from such present location to any other lot within the city, where the location of such structure at the new proposed location is authorized by the existing zoning laws and other ordinances of the city and the laws of the State of Texas, which movement shall be subject to and conditioned upon full compliance with the existing building moving ordinance of the city and all applicable building standards and codes. (3) The movement of travel trailers, travel vans and self-contained motor homes. (4) The movement of mobile homes, provided that such movement is in full compliance with the mobile home article and other applicable ordinances of the City of Sanger, Texas, pertaining to the movement, location, installation or use of such mobile home. (1992 Code of Ordinances, Chapter 3, Article 3.900, Section 3.903) ARTICLE 3.900 FLOODPLAIN MANAGEMENT REGULATIONS*(2) Sec. 3.901 Statutory Authorization The Legislature of the State of Texas has in Article 1175 and Water Code Section 16.311 et. seq. delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the city council of the City of Sanger, Texas, does ordain as follows. (1992 Code of Ordinances, Chapter 3, Article 3.1000, Section 3.1001) Sec. 3.902 Findings of Fact (a) The flood hazard areas of the City of Sanger are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and Sanger Code of Ordinances governmental services and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood -proofed or otherwise protected from flood damage. (1992 Code of Ordinances, Chapter 3, Article 3.1000, Section 3.1002) Sec. 3.903 Statement of Purpose It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas; and (7) Ensure that potential buyers are notified that property is in a flood area. (1992 Code of Ordinances, Chapter 3, Article 3.1000, Section 3.1003) Sec. 3.904 Methods of Reducing Flood Losses In order to accomplish its purposes, these regulations use the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; Sanger Code of Ordinances (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels and natural protection barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. (1992 Code of Ordinances, Chapter 3, Article 3.1000, Section 3.1004) Sec.3.905 Definitions Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application. meal. A request for a review of the floodplain administrator's interpretation of any provisions of this article or a request for a variance. Area of Shallow Flooding. A designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one (1) percent or greater chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard. The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FIRM. After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, Al-99, VO, VI-30, VE or V. Base Flood. The flood having a one (1) percent chance of being equaled or exceeded in any given year. Critical Feature. An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. Development. Any man-made change to improved or unimproved real estate, including but not Sanger Code of Ordinances limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Elevated Building. A non -basement building: (1) built, in the case of a building in Zones Al-30, AE, A, A99, AO, AH, B, C, X and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (post and piers), or shear walls parallel to the floor of the water; and (2) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-30, AE, A, A99, AO, AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. Existing Construction. For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. "Existing construction" may also be referred to as "existing structures." Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; (2) The unusual and rapid accumulation of runoff of surface waters from any source. Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the area of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Studv. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, the water surface elevation of the base flood as well as the flood hazard boundary-floodway map. Sanger Code of Ordinances Road plain or Flood -Prone Area. Any land area susceptible to being inundated by water from any source. Flood Protection 3 sy tem. Those physical structural works which funds have been authorized, appropriated and expended and which have been conducted specifically to modify flooding in order to reduce the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (F) . Functionally Dependent Use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Highest Adiacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Levee. A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. Levee System. A flood protection system which consists of a levee or levees and associated structures, such as closure and drainage devices which are constructed and operated in accordance with sound engineering practices. Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. Manufactured Home. A structure transportable in one or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles places on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes, the term Sanger Code of Ordinances "manufactured home" does not include park trailers, travel trailers and other similar vehicles. Mean Sea Level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's flood insurance rate map are referenced. New Construction. For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community. Start of Construction. [For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)], includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred -eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Structure. A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. Substantial Improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local Sanger Code of Ordinances health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places. Variance. A grant of relief to a person from the requirements of this article when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this article. Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(14), (d)(3), (e)(2), (e)(4) or (e)(5) of the National Flood Insurance Program regulations is presumed to be in violation until such time as that documentation is provided. Water Surface Elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (1992 Code of Ordinances, Chapter 3, Article 3.1000, Section 3.1005) Sec. 3.906 General Provisions (a) Lands to Which This Article Applies. This article shall apply to all areas of special flood hazard within the jurisdiction of the City of Sanger (b) Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Sanger" "Date, December 1979" with accompanying flood insurance rate maps and flood hazard boundary floodway maps and any revisions thereto are hereby adopted by reference and declared to be a part of this article. (c) Establishment of Development Permit. A development permit shall be required to ensure conformance with the provisions of this article. Said permit shall be in accordance with the Texas Water Commission permit requirements concerning fill and construction in designated floodplain areas. (d) Compliance. No structure or land shall hereafter be located, altered or have its use changed without full compliance with the terms of this article and other applicable regulations. Sanger Code of Ordinances (e) Abrogation and Greater Restrictions. This article is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (f) Interpretation. In the interpretation and application of this article, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under state statutes. (g) Warning and Disclaimer of Liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on these provisions or any administrative decision lawfully made thereunder. (h) Severability. If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications and to this end the provisions of this article are declared to be severable. (i) Penalties for Noncompliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall be punishable in accordance with the general penalty provision set forth in Section 1.109 of this code. (1992 Code of Ordinances, Chapter 3, Article 3.1000, Section 3.1006) Sec.3.907 Administration (a) Designation of Floodplain Administrator. The mayor is hereby appointed the floodplain administrator to administer and implement the provisions of this article and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. Sanger Code of Ordinances (b) Duties and Responsibilities of the Floodplain Administrator. Duties and responsibilities of the floodplain administrator shall include, but not be limited to: (1) Maintaining and holding open for public inspection all records pertaining to the provisions of this article. (2) Reviewing permit application to determine whether a proposed building site will be reasonably safe from flooding. (3) Reviewing, approving or denying all applications for development permits required by Section 3.906(c) of this article. (4) Reviewing permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 22 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the area of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection (d)(2) of this section. (6) Notifying in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assuring that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Section 3.906(b), the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provision of Section 3.908. (9) When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements or other developments (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrates that the cumulative effect of the Sanger Code of Ordinances proposed development, when combined with all other existing and anticipated developments, will not increase the water surface elevation of the base flood more than one foot (1') at any point within the community. (c) Permit Procedures. (1) Application for a development permit shall be presented to the floodplain administrator on forms furnished by him/her and may include, but not be limited to plans in duplicate drawn to scale showing the locations, dimensions and elevation of proposed landscape alterations, existing and proposed structures and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (A) elevation in relation to mean sea level, of the lowest floor (including basement) of all proposed structures; (B) elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (C) a certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofmg criteria of Section 3.908(b)(2); (D) description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (E) Maintain a record of all such information in accordance with Section 3.907(b)(1). (2) Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this article and the following relevant factors: (A) the danger to life and property due to flooding or erosion damage; (B) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (C) the danger that materials may be swept onto other lands to the injury of others; (D) the compatibility of the proposed use with existing and anticipated development; Sanger Code of Ordinances (E) the safety of access to the property in times of flood for ordinary and emergency vehicles; (F) the costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges and public utilities and facilities such as sewer, gas, electrical and water systems; (G) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; (H) the necessity of the facility of a waterfront location, where applicable; (I) the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (J) the relationship of the proposed use to the comprehensive plan for that area. (d) Variance Procedures. (1) The zoning board of adjustment as established by the community shall hear and render judgment on requests for variances from the requirements of this article. (2) The zoning board of adjustment shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this article. (3) Any person or persons aggrieved by the decision of the zoning board of adjustment may appeal such decision in the courts of competent jurisdiction. (4) The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this article. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1 /2) acre or less in size contiguous to and surrounded by Sanger Code of Ordinances lots with existing structures constructed below the base flood level, providing the relevant factors in subsection (c)(2) of this section have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variances increases. (7) Upon consideration of the factors noted above and the intent of this article, the zoning board of adjustments may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article. (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Prerequisites for granting variances: (i) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (ii) Variances shall only be issued upon: (a) showing a good and sufficient cause; (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (c) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (iii) Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (10) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (i) the criteria outlined in subsection (2)(d) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (1992 Code of Ordinances, Chapter 3, Article 3.1000, Section 3.1007) Sanger Code of Ordinances Sec. 3.908 Provisions for Flood Hazard Reduction (a) General Standards. In all areas of special flood hazards the following provisions are required: (1) All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (4) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (5) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the systems into flood waters; (6) On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and (7) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (8) No construction materials shall be placed at any time within a National Flood Insurance Program designated Special Flood Hazard Area. (b) S cific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in: (i) Section 3.906(b), (ii) Section 3.907(b)(7) or (iii) Section 3.908(d)(3), the following provisions are required: (1) Residential Construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated two (2) Sanger Code of Ordinances feet above the base flood elevation. A registered professional engineer, architect or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection, as proposed in Section 3.907(c)(1), is satisfied. (2) Nonresidential Construction. New construction or substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated two (2) feet above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction, and shall certify that the design and method of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the floodplain administrator. (3) Enclosures. New construction and substantial improvements with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (A) A minimum of two (2) openings, having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. (B) The bottom of all openings shall be no higher than one foot (1') above grade. (C) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes. (A) All manufactured homes to be placed within Zone A shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to use of the over -the -top or frame ties to ground anchors. This Sanger Code of Ordinances requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. (B) All manufactured homes shall be in compliance with Section 3.908(b)(1). (C) All manufactured homes to be places or substantially improved with Zones A 1-30, AH, and AE on the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is two feet (2) above the base flood elevation; and shall be securely anchored to an adequately anchored foundation system in accordance with the provision of Section 3.908(b)(4) of this article. (c) Standards for Subdivision Proposals. (1) All subdivision proposals including manufactured home parks and subdivisions shall be consistent with Sections 3.902, 3.903, and 3.904 of this article. (2) All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet development permit requirements of Sections 3.906(c), 3.907(c), and 3.908 of this article. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions which is greater than thirty (30) lots or three (3) acres, whichever is lesser, if not otherwise provided pursuant to Sections 3.906(b) and 3.907(b)(8) of this article, (4) All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. (d) Standards for Areas of Shallow Flooding (AO Zones). Located within the areas of special flood hazard established in Section 3.906(b), are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: (1) For AO zones, the base flood elevation must be established through an engineering study. Sanger Code of Ordinances (2) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM [at least two feet (T) if no depth number is specified]. (3) All new construction and substantial improvements of nonresidential structures: (A) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet (T) if no depth number is specified); or (B) Together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is water -tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (4) A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this article, as proposed in Section 3.907(c)(1) are satisfied. (5) Require within Zones AH or AO adequate drainage paths around structure on slopes, to guide floodwaters around and away from proposed structures. (e) Floodways located within areas of special flood hazard established in Section 3.906(b) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other developments unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Manufactured housing (mobile homes) may not be located in the floodway under any condition. (2) If Section 3.908(e)(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 3.908. Sanger Code of Ordinances (1992 Code of Ordinances, Chapter 3, Article 3.1000, Section 3.1008) ARTICLE 3.1000 PERMIT SYSTEM FOR CONSTRUCTION IN DESIGNATED FLOODPLAIN AREAS (a) A City of Sanger issued permit for all proposed construction or other development within the City of Sanger, including the placement of manufactured homes within the designated special flood hazard areas as established by the most current Flood Insurance Rate Map as published by the Federal Emergency Management Agency, shall be in compliance with 44 CFR 1.1, Section 60.3 (b)(1) of the National Flood Insurance Program Regulations. (b) A City of Sanger issued permit shall be required for the placement of fill within the special flood hazard area within the city limits of the City of Sanger as established by the most current Flood Insurance Rate Map as published by the Federal Emergency Management Agency, shall be in compliance with 44 CFR 1.1, Section 60.3 (b)(1) of the National Flood Insurance Program Regulations. (c) No construction materials shall be placed at any time within a National Flood Insurance Program designated special flood hazard area. (d) Permittees will be charged a permit fee as provided for in the fee schedule found in the appendix of this code. Such fee shall be separate and apart from any other required permits for construction, transportation, occupancy or fire safety. (1992 Code of Ordinances, Chapter 3, Article 3.1100) ARTICLE 3.1100 DANGEROUS BUILDINGS*(3) Sec.3.1101 Definitions Building Q icial. Shall be the person designated by the city council as the building code enforcement officer of the City of Sanger or his duly authorized representative. Municipal Judge. Shall be the duly appointed municipal judge of the City of Sanger. Sec. 3.1102 Building Official May Stop All Work Where construction, demolition or other work is being done contrary to the provisions of this code or to the building code, or is being done in an unsafe or dangerous manner, the building Sanger Code of Ordinances official may order the work stopped by notice in writing served on the person engaged in doing or causing such work to be done and such person shall forthwith stop the work until authorized to recommence it by the building official. Sec. 3.1103 Dangerous Buildings Defined All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings:" (1) Those which interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base. (2) Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members or fifty percent (50%) of damage or deterioration of the non -supporting enclosing or outside walls or covering. (3) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used. (4) Those which are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety or general welfare of those occupying such building. (5) Those having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein. (6) Those which have inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication. (7) Those which have parts thereof which are so attached that they may fall and injure members of the public or property. (8) Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of the city. (9) Those buildings existing in violation of any provisions of this code, the building code, Sanger Code of Ordinances or other ordinance or code of the City of Sanger. Sec. 3.1104 Standards to be Used When Ordering Repair, Vacation or Demolition The following standards shall be followed by the building official in ordering repair, vacation or demolition: (1) If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered repaired. (2) If the "dangerous building" is in such condition as to make it dangerous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated. (3) In any case where a "dangerous building" is fifty percent (50%) damaged, decayed or deteriorated, it shall be repaired or demolished. In all cases where a building cannot be repaired so that it will no longer exist in violation of the provisions of this section, it shall be demolished. In all cases where a "dangerous building" is a fire hazard, existing or erected in violation of the terms of this section or of this code, or of the building code or any other ordinance or code of the City of Sanger or of any other requirement of law of the State of Texas, it shall be repaired or demolished. Sec. 3.1105 Dangerous Building Declared Public Nuisance All "dangerous buildings" within the terms of Section 3.1103 hereof are hereby declared to be public nuisances, and shall be repaired, vacated and repaired, or vacated and demolished as hereinbefore and hereinafter provided. Sec. 3.1106 Inspections; Notice Requirements The building official shall: (1) Supervise all inspections required by this section and cause the building inspectors to make inspections and perform all the duties required of them by this section. Upon receiving a complaint or report from any source that a "dangerous building" exists in this city, he shall cause an inspection forthwith. If the building official deems it necessary in the performance of his duties and responsibilities imposed herein, he may request an inspection and report to be made to him by the fire department, police department, health department or by any other department of the City of Sanger. (2) Inspect any building, wall or structure about which complaints are made by any person to the effect that a building, wall or structure is or may be existing in violation Sanger Code of Ordinances of these provisions. (3) Inspect any building, wall or structure reported (as hereinafter provided for) by the fire, police or health departments of this city as potentially existing in violation of the terms of these provisions. (4) Inspect buildings in the city to determine whether they are "dangerous buildings" within the terms of Section 3.1103 of this article. (5) Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said buildings as shown reasonable effort to determine identity and addresses of any building found by him to be a "dangerous building" within the standards set forth in Section 3.1103, that: (A) The owner must vacate, vacate and repair, or vacate and demolish said building in accordance with the terms of the notice of these provisions; or (B) The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession; or (C) The mortgagee, agent or other persons having an interest in said building as shown by reasonable effort to determine identity and addresses may at his own risk, repair, vacate or demolish or have such work done; provided that any person notified to repair, vacate and repair, vacate and demolish any building shall be given such reasonable time, not exceeding thirty (30) days, unless, in the judgment of the building official's inspection thereof, it is determined to be necessary to extend such time to do or have done the work or act required by the notice provided for herein. Said building official shall specify in writing, an additional notice of the date to which said extension is made. (6) Set forth in the notice provided for in subsection (5) (7) In cases except emergency cases as set out in Section 3.1113 where the owner, occupant, lessee or mortgagee is absent from the city, all notices or orders provided for herein shall be sent by registered mail or certified mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by reasonable effort to determine identity and addresses, and a copy of such notice shall be posted in a conspicuous place on the "dangerous building" to which it relates. Such posting and mailing shall be deemed adequate service. (8) Report to the municipal judge as required by the provisions of this section. Sanger Code of Ordinances (9) Appear at all hearings conducted by the municipal judge and testify as to the conditions existing in the "dangerous building." (10) If the building official or his duly authorized representative complete inspection of a building and find it to be inherently dangerous and in the opinion of such inspector constitutes a nuisance per se, he shall place a notice on such building forthwith reading as follows: "THIS BUILDING HAS BEEN FOUND TO BE A DANGEROUS BUILDING BY THE BUILDING CODE ENFORCEMENT OFFICER OF THE CITY OF SANGER. THIS NOTICE IS TO REMAIN ON THIS BUILDING UNTIL IT IS REPAIRED, OR VACATED AND DEMOLISHED IN ACCORDANCE WITH THE NOTICE WHICH HAS BEEN GIVEN TO THE OWNER, OCCUPANT, LESSEE, MORTGAGEE, OR AGENT OF THIS BUILDING, AND ALL OTHER PERSONS HAVING AN INTEREST IN SAID BUILDING AS SHOWN BY THE DEED RECORDS OF THE COUNTY CLERK OF DENTON COUNTY, TEXAS. IT IS UNLAWFUL TO REMOVE THIS NOTICE UNTIL SUCH NOTICE IS COMPLIED WITH." Provided, however the posting of said notice shall not be construed to deprive any person or persons entitled thereto by this section to the notice and hearing prescribed herein. Sec. 3.1108 Public Hearing (a) If the building official or his duly authorized representative has failed to obtain compliance with the terms of this article within thirty (30) days, he shall make written request to the municipal judge of the City of Sanger, Texas, for a public hearing to be held for the purpose of taking testimony relative to the "dangerous building." (b) The building official shall, with the assistance of the city attorney, present testimony at such hearing, relative to the condition of the "dangerous building." (c) Upon receipt of a written notice from the building official or his duly authorized representative, the municipal judge of the City of Sanger shall hold a public hearing for the purpose of taking testimony from the building official or his duly authorized representative as well as the owner, occupant, mortgagee, lessee or any other person having an interest in said "dangerous building" as shown by reasonable effort to determine identity and addresses, and said hearing shall be for the purpose of taking testimony relative to "dangerous building." The rules of the public hearing and notice thereof shall be prescribed by the municipal judge. Sanger Code of Ordinances (d) The municipal judge shall make written findings of facts from the testimony offered pursuant to the question of whether or not the building in question is a "dangerous building" within the terms of Section 3.1103 hereof. Sec. 3.1109 Court Order to Abate Dangerous Building Upon finding that the building in question is a "dangerous building" the municipal judge shall issue an order based upon the findings hereinabove commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building to repair, vacate and repair, or vacate and demolish any building found to be a "dangerous building" within the terms of this article and providing that any person so notified shall have the obligation to either repairing or vacating, or repairing such building if such repair will comply with the building code of the City of Sanger, and with other applicable ordinances of the city, or the owner or any person having an interest in said building may vacate and demolish said "dangerous building" at his own risk to prevent the acquiring by the city of a lien against the land where the "dangerous building" stands as provided in this article. Upon application by any person having an interest in such building to the city manager of the City of Sanger and a showing of hardship or necessity, landfill fees for disposal of the demolition material from the "dangerous building" (which material is not otherwise prohibited from disposal in the city landfill), may be waived. Sec. 3.1110 City May Cause Vacation, Repair and Demolition and Assess Lien If the owner, occupant, mortgagee or lessee fails to comply with the order issued by the municipal judge within thirty (30) days of issuance of that order, the building official shall cause such building or structure to be repaired, vacated and repaired, or vacated and demolished as the facts may warrant under the standards hereinabove provided for in Section 3.1104 hereof and the building official shall certify the charge for such repair, vacation or demolition, the necessary landfill fees, court costs and administrative fees incurred to the tax assessor and collector of the city as a charge which will constitute a lien on real property and shall be enforced in the same manner as tax assessments and shall bear interest at the rate of ten percent (10%) per annum until paid. Such lien setting out such charges shall be filed in the deed records of Denton County pursuant to provisions of this section and applicable state laws. Sec. 3.1111 Release of Lien Upon full payment of the full charges assessed against any property pursuant to the procedure set out in these provisions, or in the event the lien is placed on the property through error, the tax assessor and collector shall be and is hereby authorized to execute, for and in behalf of the City of Sanger a written release approved in each case by the legal department. Sanger Code of Ordinances Sec. 3.1112 Failure to Comply With Court Orders Constitutes Misdemeanor (a) The owner of any "dangerous building" who shall fail to comply with any notice or order to repair, vacate or demolish said building by any person authorized by this article to give such notice or order, shall be guilty of a misdemeanor and upon conviction thereof shall be fined for each offense and each day's failure to so comply shall constitute a separate offense. (b) The occupant or lessee in possession who fails to comply with any notice to vacate, and anyone having an interest in said building as shown by the deed records of the county clerk of Denton County, Texas, and under a legal duty to repair, who fails to repair said building in accordance with any notice given as provided for in this section, shall be guilty of a misdemeanor and upon conviction thereof shall be fined for each offense and each day's failure to so comply shall constitute a separate offense. (c) Any person removing the notice provided for in Section 3.1106 hereof shall upon conviction thereof be guilty of a misdemeanor. Sec. 3.1113 City Attorney to Prosecute and Take Other Legal Action as Necessary The city attorney shall: (1) Prosecute all persons failing to comply with the terms of the notices provided for in Section 3.1106(e) and the order provided for in Section 3.1108. (2) Appear at all hearings before the municipal judge in regard to "dangerous buildings." (3) Take all necessary action to collect all municipal charges, liens or costs incurred by the building official in preparing or causing to be vacated or demolished "dangerous buildings." (4) Take such other legal action as is necessary to carry out the terms and provisions of this article. Sec. 3.1114 Emergency Cases In cases where it reasonably appears that there is an immediate danger to health, life or safety of any person unless a "dangerous building," as defined herein, is immediately repaired, vacated and repaired, or vacated and demolished, the building official shall report such facts immediately to the municipal judge who shall determine the facts as presented to him and if warranted, may suspend the notice and hearing provisions of this article and order the building to cause immediate repair, vacation, or demolition of such "dangerous building." The cost of such Sanger Code of Ordinances emergency repair, vacation, or demolition of such "dangerous building" shall be collected in the same manner as provided or in Section 3.1109. Sec. 3.1115 No Personal Liability for Agents of the City No officer, agent, or employee of the City of Sanger shall render himself personally liable for the damage that may accrue to the person or property as a result of any act required or permitted in the discharge of his duties under these provisions. (Ordinance 06-97 adopted 8/18/97) ARTICLE 3.1200 CURB, GUTTER, DRIVEWAY AND CULVERT INSTALLATIONS It shall be unlawful for any person to construct, reconstruct, or repair any driveway, curb, gutter or drainage facility in the streets and alleys of the city without first obtaining a permit. To obtain such permit an application must be filed with the city describing the abutting property to which the proposed work on the public property is to be done either by lot, block or tract and house number, location on the street or similar description which will readily identify and definitely locate the site of proposed work a description of the proposed work to be performed, and any other pertinent information as shall be required by the city. The fee for such permit shall be as set forth in the fee schedule in the appendix of this code and shall expire if the work authorized therein is not commenced within three (3) months of the date of the permit. Plans for such work shall be approved by the director of public works prior to issuance of any permit. (1992 Code of Ordinances, Chapter 3, Article 3.1300) ARTICLE 3.1300 STREET CUT EXCAVATION AND REPAIR*(4) Sec. 3.1301 Permit and Fee Payment Required Prior to the cutting of any streets, the contractor shall file a street cut permit with the city secretary describing the location of the cut, anticipated width and length and stating date work is to begin and finish, and pay a street cut fee in the amount as set forth in the fee schedule in the appendix of this code. (1992 Code of Ordinances, Chapter 3, Article 3.1400, Section 3.1401) Sec. 3.1302 Repairs Made by City Repairs to streets after a street cut shall be made by the city. The contractor responsible for the street cut shall be billed and will be responsible for all labor and materials. (1992 Code of Ordinances, Chapter 3, Article 3.1400, Section 3.1402) Sanger Code of Ordinances ARTICLE 3.1400 SIGN REGULATIONS*(5) Sec. 3.1401 Compliance Required It shall be unlawful to install, erect, change the use of or maintain any sign, or contract for such service within the City of Sanger, except in compliance with the provisions of this article and any other applicable city regulations. (1992 Code of Ordinances, Chapter 3, Article 3.1500, Section 3.1501) Sec.3.1402 Definitions The following definitions shall be applicable to this article: bicultural Sign. An accessory sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon. Apartment Name Sign. An accessory sign for the identification of an apartment building or complex of apartment buildings. Billboard. Posterpanel or Painted Bulletin. Large signs which usually promote and advertise commodities or services not limited to being offered on the premises on which such signs are located. Cit� ofSanger. For the purpose of this article, the City of Sanger shall be defined as the total and complete area of land situated within the corporate city limits of said city including the adjoining extraterritorial jurisdiction of the city. Construction Sign. A temporary accessory sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or financial institution involved in the design, construction, financing or improvement of the premises on which the sign is located. Development Sign. A temporary accessory sign related to the promotion of new developments and located on the premises involved in the development. Garage/Occasional Sale Sign. A temporary sign used to designate the address, time or place of a sale of miscellaneous items on private property. General Business Sinn. An accessory sign or graphic device which advertises the commodities or services offered on the premises where such signs are located and where such sign is not of the Sanger Code of Ordinances billboard, posterpanel or painted bulletin type, but is a sign designed specifically for the location. Institutional Sign. An accessory sign for the identity of a school, church, hospital or similar public or quasipublic institution. Name Plate. An accessory sign showing only the name and address of the owner or occupant of the premises on which it is erected or placed. Noncomplvin� Sion. Any sign that is placed, located or erected on any property or structure in the City of Sanger after the effective date of this article which does not comply with the requirements of this article. Nonconforming Sign. Any sign that is placed, located or erected on any property or structure in the City of Sanger after the effective date of this article which does not comply with the requirements of this article. Other Terms. For the purpose of this article shall have the meaning normally ascribed in the sign business. (Ordinance 016-89, Section B, adopted 6-5-89) Portable Advertising Sign. A sign which is not permanently attached to the ground, a structure or another sign, is designed to permit removal from one location to another for reuse, does not principally refer to the sale, lease or rental of the real property upon which such sign is situated, and whose message can be changed or altered by interchangeable letters, numbers or panels. Real Estate Sign. A temporary accessory sign pertaining to the sale, rental or lease of the property on which the sign is placed. Temporary Political Sign. A sign used exclusively to identify a candidate, place or ballot measure for a designated election. (1992 Code of Ordinances, Chapter 3, Article 3.1500, Section 3.1502) Sec. 3.1403 Schedule of Uses Permitted The classes of zoning use districts in which the various types of signs are permitted are indicated by the following schedule: Type Sign Maximum Area District Spacing Permit (Sq. Ft.) Permitted Standards Required Name Plate 1 All Districts None No Sanger Code of Ordinances Type Sign Maximum Area District Spacing Permit (Sq. Ft.) Permitted Standards Required Name Plate 50 B-1, B-2, B-3, None No I-1,1-2 Institutional 50 All Residential None No Districts Institutional 72 B-1, B-2, B-3, None No I-1,1-2 Apartment 50 All Districts One (1) Per No Street Frontage Business 200 All Districts One (1) Per Yes Business Billboard Type N/A None None N/A Agriculture 100 A One (1) Per Yes Farm Real Estate 18 All Districts One (1) Per No Lot; On Acreage One (1) Per 200' Road Frontage Construction 60 All Districts None No Development 200 All Districts One (1) Per No Project or One (1) for Each 100 Acres in Project Garage/ 3 All Districts One (1) Per No Occasional Lot or Tract Portable 72 B-1, B-2, B-3, One (1) Per No Advertising 1-1,1-2 Lot or Tract (1992 Code of Ordinances, Chapter 3, Article 3.1500, Section 3.1503; Ordinance 06-06-00 adopted 6/5/00) (a) No sign shall be constructed to exceed the maximum building height permitted in the specific class of zoning use district where the sign is located, except as is provided. In no event shall any sign or any supporting structure to which said sign is affixed exceed a height of sixty Sanger Code of Ordinances (60) feet. (b) No sign shall be located or constructed so as to interfere with or confuse the control of traffic on the public streets and no sign shall use a rotating beacon, beam or flashing illumination resembling an emergency signal. (c) Any nonconforming sign which is damaged or is deteriorated to a point where its restoration cost exceeds fifty (50) percent of its replacement value shall be removed by the sign owner. (d) No billboard, posterpanel or painted bulletin structure shall contain more than one (1) sign panel facing in the same direction nor more than two (2) sign panels per structure. (e) Temporary political signs shall not be erected prior to forty-five (45) days of the election date and said signs must be removed within ten (10) days after the completion of the election, including any run-off election. Said signs may not be larger than thirty-two (32) square feet in area and not more than one (1) sign for each candidate or ballot measure may be erected on one (1) lot or tract of land, except in the case of a corner lot on which two 2 signs shall be allowed. No political sign may be placed, erected or allowed to remain upon any portion of the public street right-of-way of the City of Sanger or upon private property if such sign conflicts with the right-of-way or line of vision of a public street. (f) No portable advertising sign shall be located within ten (10) feet of the edge of the traveled portion of any public street of the City of Sanger. (g) In the various districts zoned Business, no sign mounted at ground level shall exceed thirty-six (36) square feet in area, and no pole sign shall exceed sixty (60) square feet in area. (h) No sign shall be erected so as to project into the public right-of-way of any street or alley. (i) No sign shall be located or erected within the required front yard, except one (1) pole sign not exceeding eighty (80) square feet in area may be erected on sites utilized by gasoline service stations, drive-in groceries or similar quick service retail establishments; however, such businesses that are located on corner lots with appropriate zoning on all sides may erect a second general business sign in the side yard, provided the second sign does not exceed sixty-five (65) square feet in area, with no dimension exceeding ten (10) feet, and not exceeding seven (7) feet in height. No portable sign shall be utilized on business lots where a second general business sign is erected: 0) One (1) garage/occasional sale sign not to exceed three (3) square feet in area shall be permitted upon the property where the sale is to take place. Any other signs at any location Sanger Code of Ordinances remote from the site of the sale are prohibited, except two (2) directional signs not to exceed three (3) square feet in area shall be permitted. Such directional signs shall be free-standing, not to exceed three (3) square feet in area and shall not be attached to utility poles or city sign posts; sign to be removed within three (3) days after the sale by person(s) holding the sale. (k) Development signs will be removed by the developer after completion of the development of eighty-five (85) percent of the project advertised. (1) The erection of billboard type signs shall require the issuance of a specific use permit. Existing signs shall not be effected by this however, should an existing sign fail to be maintained as provided for in Article 3.1400, Section 3.1406 or become obsolete as provided for in Section 3.1407, said sign shall be removed and may not be repaired or reconstructed except with a specific use permit. (1992 Code of Ordinances, Chapter 3, Article 3.1500, Section 3.1503) Sec.3.1404 Design All signs shall be designed and constructed to wind pressures as outlined in the Uniform Building Code; the most recent edition as adopted by the City of Sanger. (1992 Code of Ordinances, Chapter 3, Article 3.1500, Section 3.1504) Sec. 3.1405 Obstructing Traffic Visibility at Corners On any corner lot on which front and side yards are required, no obstruction greater than one (1) foot in diameter or width is permitted vertically between three and one-half (3-1/2) feet and ten (10) feet above the curb grade in a triangle formed by legs of forty (40) feet extending horizontally in each direction from the property corner. (1992 Code of Ordinances, Chapter 3, Article 3.1500, Section 3.1505) Sec.3.1406 Maintenance All signs and advertising structures shall be maintained in good and safe structural condition, shall be painted on all exterior parts, unless coated or made of rust resistible material, and shall be maintained in good condition of appearance. If upon inspection by the building official, a sign is not found to conform to the above, written notice shall be given to the owner giving the owner thirty (30) days to either put the sign in acceptable condition or remove the sign. (1992 Code of Ordinances, Chapter 3, Article 3.1500, Section 3.1506) Sec. 3.1407 Removing Obsolete Signs Sanger Code of Ordinances All signs relating to a product no longer available for purchase by the public and all signs relating to a business which is closed or has moved away shall be removed or the advertising copy shall be removed. Painted wall signs shall be painted over with a color that resembles or matches the wall. If the owner of, or person responsible for the sign, or if the tenant closing the business fails to remove or paint over the sign, the owner of the premises shall be responsible and the work shall be done within thirty (30) days following the date of obsolescence. (1992 Code of Ordinances, Chapter 3, Article 3.1500, Section 3.1507) Sec. 3.1408 Permit Required When a permit is required as indicated in Section 3.1403, the permit fee shall be as set forth in the fee schedule in the appendix of this code. Application for a permit shall be submitted to the city secretary on such forms as may be required by the city. The application shall be accompanied by a drawing indicating the size and location of the sign on the property. (1992 Code of Ordinances, Chapter 3, Article 3.1500, Section 3.1508) Sec.3.1409 Variances When it appears that the provisions of this article would work a manifest injustice or an unnecessary hardship, a person may appeal to the city council for a variance from the provisions of this article. Such variance may be granted subject to special restrictions and for a fixed time subject to expiration at the discretion of the city council. (1992 Code of Ordinances, Chapter 3, Article 3.1500, Section 3.1509) Sec. 3.1410 Penalty for Violation (a) Any person, firm or corporation who violates any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof in the municipal court, shall be subject to a fine in accordance with the general penalty provision set forth in Section 1.109 of this code for each offense, and each and every day that the violation of this article shall be permitted to continue shall constitute a separate offense. (b) By passage of this article, no presently illegal use of signs shall be deemed to have been legalized, and no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time existing sign ordinances or regulations were repealed and this article adopted shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted, or causes presently pending proceeded within all respects as if such prior article, or portion of such article had not been repealed. (c) If any portion of this article shall conflict with any portion or all of any existing ordinances Sanger Code of Ordinances of the City of Sanger not specifically repealed herein, the city council hereby declares that this article shall prevail and that it is hereby attempting to repeal any conflicting provisions of any conflicting provisions of any existing ordinance of the city. (1992 Code of Ordinances, Chapter 3, Article 3.1500, Section 3.1510) ARTICLE 3.1500 WOODEN SHINGLES Sec. 3.1501 Use of Wooden Shingles Prohibited In addition to any other restrictions of the city regarding roof covering, the installation of a wood shingle or shake roof on any structure hereafter constructed or on any existing structure being modified or otherwise improved in the city is hereby prohibited. (1992 Code of Ordinances, Chapter 3, Article 3.1600, Section 3.1601) Sec. 3.1502 Penalty for Violations Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this code. (1992 Code of Ordinances, Chapter 3, Article 3.1600, Section 3.1602) ARTICLE 3.1600 SWIMMING POOL ENCLOSURES*(6) Sec.3.1601 Definitions Private Residential Swimming Pool. Means any swimming pool located on private property under the control of the head of the household residing thereon, the use of which is limited to swimming or bathing by members of such household or their invited guests. Swimming. Means any structure, basin, chamber, tank or receptacle containing an artificial body of water for swimming, diving or recreational bathing and having a depth of one foot (F) or more at any point. Sec. 3.1602 Fence and Self -Locking Door Required; Exceptions (a) Every person, whether an owner, purchaser under contract, lessee, tenant, manager or licensee in possession, charge or control of land in the City of Sanger upon which is situated a swimming pool, shall at all times keep and maintain upon the lot or premises upon which the Sanger Code of Ordinances swimming pool is located a fence, wall or other structure completely surrounding and enclosing the swimming pool, lot or premises and designed to prevent or deter people, especially small children, from inadvertently entering into the enclosure where the swimming pool is located. This shall include all existing and future pools. Such fence, wall or other structure shall be not less than forty-eight inches (48") in height, with no opening therein of a width greater than four inches (4"), other than doors or gates. Such fence, wall or other structure shall not have a fixed or detachable stile or ladder. All gates or doors providing a means of entrance into such enclosure shall be equipped with self -closing and self -latching devices capable of automatically closing and latching such gates or doors. The self -latching device shall be fixed to each such gate or door no less than forty inches (40") above the bottom of the gate or door. (b) A single-family dwelling or accessory building may be used as part of the enclosure, whether fence, wall or other solid structure, around a private residential swimming pool. In such event the doors or gates on such dwelling or accessory building need not be equipped with the self -closing, self -latching devices described in subsection (a) of this section. Sec. 3.1603 Setback and Other Requirements All such swimming pools, fences, walls and other structures required or addressed herein shall meet the setback distances and all other applicable provisions of the city's existing codes and ordinances including, but not limited to the city's zoning ordinance and its building, electrical and plumbing codes. Sec. 3.1604 Penalty for Violations Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this code. (Ordinance 10-13-98 adopted 11/2/98) ARTICLE 3.1700 METAL BUILDINGS Sec. 3.1701 Use of Metal Buildings Restricted (a) This article establishes the use of metal building requirements in zoning districts B-1, B-2, B-3, I-1, and I-2, and all specific uses which specify that the requirements of this article be met. (b) The exterior walls of all sides of the building if visible from the designated street, shall be constructed of materials other than metal which includes stone, cast stone, stucco, brick, Sanger Code of Ordinances limestone, granite or native stone. A minimum of fifty (50) percent of all walls visible from any side street and not visible from the designated street must be constructed of materials other than metal, consistent with the appearance of the materials listed above. A maximum of ten (10) percent of the building facade visible from the designated street may be comprised of "split face" concrete block. An alternative building material consistent with the appearance of the materials listed above may be approved upon recommendation of the city manager to the planning and zoning commission and city council. Sec. 3.1702 Penalty for Violations Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this code. (Ordinance 09-21-01 adopted 9/17/01) ARTICLE 3.1800 HUD -CODE MANUFACTURED HOME PARKS*(7) Sec.3.1801 Title This article is hereby referenced as the Sanger HUD -Code Manufactured Home Parks Article. Sec.3.1802 Definitions For the purpose of this article, certain terms, words and phrases shall have the meaning hereinafter ascribed thereto. Building O icial. Designated inspection authority of the city, or its authorized representative. Certificate of Occupancy. Certificate issued by the city council for the use of a building, structure and/or land, when it is determined by it that the building, structure and/or land complies with the provisions of all applicable city codes, ordinances and regulations. Cam. As used herein reference to the city shall mean the City of Sanger, Denton County, Texas, and its extraterritorial jurisdiction. City Council. City council of the City of Sanger, Texas. Sanger Code of Ordinances Common Access Route/Internal Street. Private drive allowing principal means of access to individual HUD -Code Manufactured Mobile Home lots or auxiliary buildings. Drive Way. Minor entrance way off the common access route within the park, into an off-street parking area serving one or more HUD -Code Manufactured Mobile Homes. HUD -Code Manufactured Home. 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 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. Anything less than the length and/or width specified in this paragraph shall not be allowed in a HUD -Code Manufactured Home Park. License. Written license issued by the city council, permitting a person to operate and maintain a HUD -Code Manufactured Home Park under the provisions of this article. Mobile Home. 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 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. Mobile homes shall not be allowed in a HUD -Code Manufactured Home Park. HUD -Code Manufactured Home Park. A parcel of land under single entity ownership which has been placed and unproved for the placement of HUD -Code Manufactured Homes, accessory uses and service facilities, meeting all requirements of this article and any applicable deed restrictions and state laws. Parking Street. O -Street. A minimum space ten feet (10') in width by twenty feet (20') in length, located within the boundary of a HUD -Code Manufactured Home space, or in common parking and storage area having unobstructed access to an internal street. Permit. Written permit/certification issued by the city council permitting the construction, alteration or extension of a HUD -Code Manufactured Home Park under the provisions of this article and regulations issued hereunder. Person. Any natural individual, firm, trust, partnership, association or corporation. Sanger Code of Ordinances Plot P1anlSite Plan. Graphic presentation drawn to scale in a horizontal plane, delineating the outlines of the land included in the plan and all proposed use locations, accurately dimensioned, the dimensions also indicating the relation of each use to that adjoining and to the boundary of the property. Sewer Connection. Connection consisting of pipes, fittings and appurtenances from the drain outlet of a HUD -Code Manufactured Mobile Home to the inlet of the corresponding sewer service riser pipe of the sewage system serving the HUD -Code Manufactured Home Park. Sewer Service Riser Pipe. That portion of sewer service which extends vertically to the ground elevation and terminates at a HUD -Code Manufactured Home space. Space. Plot of ground within a HUD -Code Manufactured Home Park designated for accommodation of one HUD -Code Manufactured Home, together with such open space as required by this article. Term includes "lot" and "site." Sec.3.1803 Permits (a) Permit Required. It shall be unlawful for any person to construct, alter, extend or expand and HUD -Code Manufactured Home Park within the limits of the City of Sanger without a valid permit issued by the city council in the name of such person for the specific construction, alteration or extension proposed. (b) Anylication Requirements. All applications for permits shall be made upon standard forms provided by the city council and shall contain the following: (1) Name and address of the applicant. (2) Location and legal description of the HUD -Code Manufactured Home Park. To this application shall be attached five (5) copies of a site plan, at a minimum scale of 1" - 200' for sites of 30 acres or more, and at a minimum scale of 1 " to 100' for sites under 30 acres. The site plan shall include all data required under this article, including without limitation, the data required in Section 3.1808. (c) Permit Fee. All applications to the building official shall be accompanied by a fee as set forth in the fee schedule in the appendix of this code. (d) Issuance of Permit. In considering the application, the city council may take into account the proposed location of the HUD -Code Manufactured Home Park in relation to the present and anticipated land use and development. After review of the application and determining the Sanger Code of Ordinances application and the proposed park complies with this article and other applicable laws, codes and regulations the permit shall be issued. (e) Denial of Permit Hearing. Any person whose application for a permit under this article has been denied, may request in writing a rehearing on the matter and offer additional evidence if desired. Sec.3.1804 Licenses (a) License Required. It shall be unlawful for any person to establish, operate or maintain or permit to be established, operated or maintained upon any property owned or controlled by such person and HUD -Code Manufactured Home Park within the limits of the City of Sanger unless such person holds a valid license issued annually by the city council. All applications for licenses shall be made in writing to the city council, who shall issue a license upon compliance by the applicant with provisions of this article. The city council shall not issue a license unless the applicants a valid holder of a certificate of occupancy which shall be issued by the city council upon compliance with applicable ordinances and laws. At any time a certificate of occupancy is revoked, the license shall be canceled. Licenses issued shall expire on December 31 of each year. (b) Application for Original License. Application for original license shall be in writing signed by the applicant accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of the license fee hereinafter provided, and shall contain: (1) The name and address of the applicant; (2) A copy of a valid certificate of occupancy; (3) The location and legal description of the park; (4) A site plan of the park prepared in accordance with Section 3.1808 hereof. (c) Hearing Granted Applicants. Any person whose application for a license under this article has been denied may request in writing and within ten (10) days a rehearing which shall be granted by the city council. (d) Application for License Renewal. Application for renewal of a license shall be made in writing by the licensee on forms furnished by the city on or before December 1 of each year. The application shall contain any change in the information occurring after the original license was issued or the latest renewal granted and be accompanied by the HUD -Code Manufactured Home Park register as hereafter provided. Sanger Code of Ordinances (e) License Fee. All original license applications or renewals hereof shall be accompanied by a fee as set forth in the fee schedule in the appendix of this code. All renewal fees shall be due on the issuance of the license. (f) Transfer of License. Every person holding a license shall give notice in writing to the city council within fifteen (15) days after having sold, transferred, given away or otherwise disposed of interest in or control of any HUD -Code Manufactured Home Park. Application for transfer of license shall be made not later than fifteen (15) days after the date of the sale, transfer or gift, or other disposition of interest in or control of HUD -Code Manufactured Home Park and the city council shall act thereon at the next regularly scheduled meeting. (g) Transfer of License Fee. All application for license transfer shall be accompanied by a fee as set forth in the fee schedule in the appendix of this code. (h) Violations: Notice, Suspension of License. Whenever, the city council finds that conditions or practices exist which are in violation of any provisions of this article it shall give notice in writing in .accordance with Section 3.1806 of this article, to the permittee or licensee or the permittee's or licensee's agent that unless conditions or practices in violation of this article are corrected within a reasonable period of time of not less than thirty (30) days nor more than one (1) year as specified in such notice, the license or permit shall be suspended. At the end of the period of time granted for correction if the conditions or practices have not been corrected, the city council may suspend the license and give notice in writing of the suspension, the licensee shall cease operation of the HUD -Code Manufactured Home Park within ten (10) days after the notice is issued. Sec. 3.1805 Inspection Any duly authorized inspector of the city shall be permitted to make reasonable inspections of any HUD -Code Manufactured Home Park to determine compliance with this article. Sec. 3.1806 Notices, Hearings and Orders Notice of Violations: Requirements of Notice. Whenever it is brought to the attention of the council that there has been a violation of any provisions of this article, the city council shall give notice of such alleged violation to the permittee, licensee or agent as hereinafter provided. The notice shall: (1) be in writing; (2) include a statement for the reasons of its issuance; Sanger Code of Ordinances (3) allow a reasonable time of not less than thirty (30) days nor more than one (1) year, based upon the nature and severity of the violation and having due regard for the safety and protection of the community, for the performance of the act it requires; (4) be served upon the licensee or the licensee's agent; provided that the notice or order shall be deemed to have been properly served upon the licensee or agent when a copy thereof has been sent by mail to the licensee's or agent's last known address, or when the licensee or agent has been served with the notice by any method authorized or required by the laws of this state; and (5) contain an outline of remedial action when and if taken. If the violation is not remedied in accordance with the notice, and a breach of the article continues, then the council may revoke any permits or licenses issued in addition to any punishment provided in Section 3.1809 hereof. (Ordinance 09-17-01 adopted 9/4/01) Sec. 3.1807 Mobile Homes Prohibited in the City of Sanger The installation of mobile homes for use or occupancy as a residential dwelling in the City of Sanger, Texas, is prohibited. This provision is prospective and shall not apply to any mobile home used and occupied as residential dwellings in the city on the effective date of this article. Homes excepted from these provisions may not be moved to any other location in the city. (Ordinance 09-17-01 adopted 9/4/01; Ordinance adopting Code) Sec. 3.1808 HUD -Code Manufactured Home Park (a) Site Plan. The site plan shall be filed as requires by Section 3.1803(b) of this article and shall show the following: (1) The name, address, fee owner and record owner of the proposed or existing HUD -Code Manufactured Home Park. (2) Name of subdivision where the park is located. (3) Names of adjacent public streets and roads. (4) Contour lines at two foot (T) intervals. (5) Locations and dimensions of all HUD -Code Manufactured Mobile Home spaces, utility easements, drives, recreation areas, streets and sidewalks. Each HUD -Code Sanger Code of Ordinances Manufactured Mobile Home space shall be numbered (6) Scale of plan (no smaller than 1" - 200') and complete dimensions. (7) Density in units per gross acre. (8) Area and dimensions of site. (9) Areas defined for waste containers and method of disposal of garbage and refuse. (10) Location of shower and toilet facilities. (11) Water and Sewer Plans. Water and sewer plans shall be submitted showing the following: (A) Sewer line locations, grades and sizes. (B) Water line locations, sizes and source of water supply. (12) Paving and Drainage Plans. Paving and drainage plans must show the directions and calculated quantities of runoff and the proposed specifications for streets. The city shall notify the applicant in writing as to whether the plan was approved or disapproved, stating the reasons for disapproval and the modifications or conditions that must be made or met before approval can be obtained upon subsequent submission. (b) HUD -Code Manufactured Home Park. Any HUD -Code Manufactured Home Park constructed after adoption of this article, and any extension/addition to an existing HUD -Code Manufactured Home Park in the city shall be in compliance with the following site requirements: (1) Density. A HUD -Code Manufactured Home Park shall have no more than two (2) spaces per acre. (A) Park Areas. Each HUD -Code Manufactured Home Park shall be planned for and shall provide a minimum of five (5) acres in area. (2) Basic HUD -Code Manufactured Mobile Home Minimum Site Requirements. (A) Height Requirements. (i) The height limit for any structure intended for occupancy in the HUD -Code Manufactured Home Park shall be thirty-five feet (35'). Sanger Code of Ordinances (ii) The average height of the HUD -Code Manufactured Mobile Home frame above ground elevation, measured at 90' to the frame, shall not exceed four (4) feet from the top of the pad. (B) Spacing Regulations. HUD -Code Manufactured Homes shall be located no closer than twenty feet (20') from any exterior wall to the closest exterior wall of the nearest HUD -Code Manufactured Home. (C) HUD -Code Manufactured Home Space. Each and every HUD -Code Manufactured Home shall be located on separate spaces which shall conform to the following standards: (i) Be served with sanitary sewer, water, electrical power, telephone service and natural gas. (ii) Provide a minimum average width of forty feet (40') and a minimum average depth of eighty feet (80'). (iii) Abut and/or have access to a private street for a minimum distance of twelve feet (I T). (iv) Provide a minimum area of two thousand two hundred (2,200) square feet, said area to a determined by the boundary lines of the space. (v) Provide a HUD -Code Manufactured Home pad which shall provide an adequate foundation for the placement and tie -down of one single-family HUD -Code Manufactured Home thereby securing the superstructure against uplift, sliding rotation and overturning. Said pad shall: (aa) Be constructed of material which shall support the weight of the HUD -Code Manufactured Home placed thereon and be durable and well -drained under normal use and weather conditions. (bb) Provide anchors and tie -downs such as cast -in -place concrete "dead men," eyelets embedded in concrete foundations or runaway shrew augers, arrowhead anchors or other devices which secure the stability of the HUD -Code Manufactured Home, and shall be placed at least at each corner of the HUD -Code Manufactured Home. (cc) Cover an area at least two hundred forty (240) square feet or at least Sanger Code of Ordinances one-third (1/3) the area of the largest HUD -Code Manufactured Home Park space, whichever is greater. No surface provided for a purpose other than the foundation of HUD -Code Manufactured Home shall be considered a part of such HUD -Code Manufactured Home pad. (vi) Provide a minimum of two (2) off-street parking spaces which shall be constructed of concrete. (vii) Double street frontage of HUD -Code Manufactured Home spaces shall be avoided. (viii) No vehicular access to a HUD -Code Manufactured Home space is permitted from a public dedicated street. (ix) Drainage. The ground surface in all parts of every HUD Code Manufactured Home Park and especially beneath HUD -Code Manufactured Homes and other structures shall be graded and equipped to drain all surface water in a safe efficient manner so as not to permit water to stand or become stagnant. (c) Design and Location of Storage Facilities. Storage facilities with a minimum capacity of 200 cubic feet per HUD -Code Manufactured Home space, may be provided on the space, or in compounds located within 200 feet of space. Where provided, storage facilities shall be faced with a durable, fire resistant material. Storage outside the perimeter walls of the HUD -Code Manufactured Home shall be permitted only if in such facilities. No storage shall be permitted under a HUD -Code Manufactured Home. Storage facilities shall not be located within ten feet (10') of the boundary line of any HUD -Code Manufactured Home space boundary. (d) Location of HUD -Code Manufactured Home and Accessory Structures. No HUD -Code Manufactured Home or accessory structure such as a refuse container, carport cabana, awning, fence or storage locker shall be permitted within ten feet (10') of a private street or the boundary line of a HUD -Code Manufactured Home space boundary line. Provided further that two (2) HUD -Code Manufactured Homes shall not be placed less than twenty feet (20') apart. (e) Setbacks and Screening. (1) No HUD -Code Manufactured Home or structure in a HUD -Code Manufactured Home Park shall be located within the yard setback area. The minimum setback area for each space is: Sanger Code of Ordinances (A) Front yard - 25' (B) Rear yard - 15' (C) Side yard - 10' (2) The following screening requirements shall be applicable: (A) A landscape strip not less than ten (10) feet in width or a screening device as defined herein shall be located along all HUD -Code Manufactured Home Park boundary lines abutting upon a public dedicated street or abutting residential property. The landscaped strip shall be continuously maintained and shall be devoted exclusively to the planting, cultivation, growing and maintenance of site obscuring trees, shrubs and plant life as described below. Trees, shrubs, cane and/or other vegetation shall be planted, cultivated and maintained as a sight and noise obscuring buffer that will effectively achieve sight and noise obstruction within approximately five (5) years. At least one row of trees with a minimum initial height of five feet (5) shall be planted on twenty-five (25) foot centers. Also, two (2) rows of cane, non -deciduous shrubs and/or other suitable screening plants shall be planted on ten -foot centers. The buffer strips are intended to provide a seventy-five percent (75%) or more opaque screen when viewed horizontally between two and ten feet (2' and 10') above the natural ground at the end of the growing period of five (5) years from the date of planting. Additional planting, cultivation and maintenance may be required by the city officials during the use period of the buffer strip to achieve and maintain this effect. (f) Access; Traffic Circulation; Parking. (1) Internal streets shall be privately owned, built and maintained. Streets shall be designed for safe and convenient access to all spaces and facilities for common use of park residents. (2) All internal streets shall be constructed to specifications set by the city council and shall be maintained by the owner. (3) All private streets shall be constructed with concrete ad shall be durable and well drained under normal use and weather conditions. (4) Internal Street Dimensions; Parking. Sanger Code of Ordinances (A) Internal streets shall be minimum pavement width of 20 feet (20'). Parking shall not be allowed on the minimum street width. An additional lane of nine feet (9) minimum width may be added to one or both sides for off street parking. (B) Internal streets shall permit unobstructed access to within at least two hundred feet (200') of any portion of each HUD -Code Manufactured Home. (C) Within each HUD -Code Manufactured Home Park, streets shall be named, and HUD -Code Manufactured Home numbered. Park signs and numbers shall be of standard size and placement to facilitate location by emergency vehicles. (D) Private streets which may connect two (2) public street rights -of -way shall, by the use of curves, off -sets, location and/or the use of two (2) or more streets be located so as to discourage through traffic. (E) Private street intersections shall generally be at right angle, offsets at intersections of less than one hundred twenty-five feet (125') (centerline to centerline) shall be avoided, intersection of more that two streets at one point shall be avoided. (F) Dead-end private streets shall be limited to a maximum length of one thousand feet (1,000') and shall be provided with a vehicular turning space with a turning circle of eighty feet (80') in diameter. (G) Layout Streets and Blocks. Streets shall be laid out to provide a minimum distance of two hundred and forty feet (240'), center to center of parallel streets between intersections. (H) Li tin . The private streets, parking lots, walks and service areas shall be lighted at all times so the HUD -Code Manufactured Home Park shall be safe for occupants and visitors, provided further all entrances and exits shall be lighted. (g) Fire Safety Standards. (1) The storage, handling and use of liquefied petroleum gases and flammable liquids shall be done in compliance with applicable city ordinances and state statutes. (2) Access to HUD -Code Manufactured Home for Fire Fighting. Approaches to all HUD -Code Manufactured Home shall be kept clear for emergency vehicles. (3) Fire Protection. Water lines and fire hydrants shall be provided and suitably located Sanger Code of Ordinances for adequate fire protection as determined by the fire chief or city council but in no case shall the park provide less than a system of standard hydrants located not more than five hundred feet (500') from each HUD Code Manufactured Home space and served by water lines not less than six inches (6") in diameter installed in a looped system. (4) The HUD -Code Manufactured Home Park licensee or agent shall provide an adequate system of collection and safe disposal of rubbish. (h) Water Supplier. (1) All approved water supply for domestic use and fire protection purposes shall be supplied to meet the requirements of the HUD -Code Manufactured Home Park. (2) All plumbing shall be in accordance with applicable ordinances of the city of Sanger (i) Sewage Disposal. From and after the effective date of this article, the following shall apply: (1) Waste from all toilets, lavatories, sinks and showers in HUD -Code Manufactured Home Park shall be discharged into a public sewer or a private disposal system approved by the city council. (2) All plumbing shall comply with applicable plumbing codes. (3) Each HUD -Code Manufactured Home pad shall have a sewer riser pipe of at least four inches (4") which shall be capped when not in use. 0) Electrical and Telephone Distribution Systems. From and after the effective date of this article, the electrical distribution system shall comply with applicable electrical codes and other applicable laws of the state. (k) All Rooms Containing Bathroom or Laundry Facilities. Shall have fire-resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, tubs, lavatories and other plumbing fixtures shall be constructed of dense, nonabsorbent, waterproof materials or covered with moisture resistant materials. (1) Refuse and Garbage. Solid waste shall be stored in fly -proof, water -proof containers, which shall be emptied regularly and maintained in a usable, sanitary condition and the collection and disposal of said refuse and garbage shall be so conducted as to create no health hazard. A refuse pickup easement shall be granted by the owner of the HUD -Code Manufactured Home Park to the City of Sanger, if these facilities are located so as to require the entrance of a municipal Sanger Code of Ordinances vehicle into the trailer park. (m) Maintenance of Park. The owner of the park shall be responsible to insure that is maintained in a manner in which will not attract or aid the propagation of insects or rodents or create a hazard. Growth of plant material such as weeds and grass, especially beneath HUD -Code Manufactured Homes and other structures shall be continuously controlled. All streets, parking and storage areas shall be maintained to provide a fully pave surface. (n) Conform to Codes. All HUD -Code Manufactured Home Park facilities and HUD -Code Manufactured Homes contained therein shall conform without limitation to the codes and ordinances of the City of Sanger, including the building, plumbing, electrical and fire codes and all applicable laws of the State of Texas. (o) Office. Every HUD -Code Manufactured Home Park shall have an office in which a copy of the park permit or license shall be posted and the park register shall be in such office. It shall be the duty of the licensee to keep a register of park occupancy which shall contain the following information: (1) Name and address of owner and occupant. (2) The make, model, serial number, year and dimensions of all HUD -Code Manufactured Homes. (3) The date of arrival and departure of each HUD -Code Manufactured Home. The park operator shall submit the park register to the city council each year upon requesting a license renewal and shall make said register available to any authorized city official upon reasonable request. Upon gaining knowledge of a departure of any HUD -Code Manufactured Home, the park operator shall notify the city tax assessor. Failure to do so shall place the operator in violation of this article. (p) Ordinance Compliance. It shall be the responsibility of the licensee to insure that all requirements of this article are met ad mainlined. Any HUD -Code manufactured Home Park issued an initial license after adoption of this article that is found to be in violation of any provisions of this article shall be notified in writing by the city council in accordance with Section 3.1806 and upon failure to comply said license shall be revoked. (q) Nonconforming HUD -Code Manufactured Home Park. (1) Any HUD -Code Manufactured Home Park in use and/or existence on the effective date of this article, and not complying with all applicable provisions of this article Sanger Code of Ordinances shall be considered a nonconforming HUD Code Manufactured Home Park. Nonconforming parks shall comply with the requirements of Section 3.1804 (d), (e), (f), (g) and (h) hereof. (2) Any land area added to a nonconforming HUD -Code Manufactured Home Park shall conform to all requirements of this article. (r) Miscellaneous Requirements. (1) Responsibilities of Park Management. (A) All responsibilities set out elsewhere in this article shall apply. (B) The licensee or licensee's agent shall operate the park in compliance with this and other applicable ordinances shall provide adequate supervision to maintain the park and all facilities in good repair, and in clean and sanitary condition. (C) The licensee or agent shall notify park occupants of all applicable provisions of this article and inform them of their duties and responsibilities under this article (2) Responsibilities of Park Occupants. (A) All responsibilities of occupants set our elsewhere in this article shall apply. (B) The park occupant shall comply with all requirements of this article. (C) The park occupant shall be responsible for proper placement of his HUD -Code Manufactured Home in its HUD -Code Manufactured Home pad and proper installation of all utility connections in accordance with the instruments of the park management. (D) The use of space immediately beneath a HUD -Code Manufactured Home for storage shall not be permitted. (3) Mobile homes shall not be permitted in a HUD -Code Manufactured Home Park. (4) Only HUD -Code Manufactured Homes shall be permitted in a HUD -Code Manufactured Home Park Sec. 3.1809 Penalty Provisions Any person, firm or corporation violating this article or any portion thereof shall upon conviction Sanger Code of Ordinances be guilty of a misdemeanor and shall be fined in accordance with the general penalty provision set forth in Section 1.109 of this code, and each day that such violation continues shall be considered a separate offence and punishable accordingly. (Ordinance 09-17-01 adopted 9/4/01) Sanger Code of Ordinances Endnotes 1 (Popup - Popup) State Law reference -Authority of municipality to regulate plumbing, V.A.C.S., Art. 6243-101(5). 2 (Popup - Popup) State Law reference -Responsibility to establish flood hazard regulations, V.T.C.A., Water Code, Sec. 15.316. 3 (Popup - Popup) State Law reference -Authority of municipality to regulate unsafe and substandard structures, V.T.C.A., Local Government Code, Chapter 214. 4 (Popup - Popup) State Law reference -Subsurface excavations, V.T.C.A., Water Code, Sec. 31.001 et. seq.; use of sidewalks and streets for private purposes, V.A.C.S., Art. 1085b; municipal regulation of obstructions on streets, etc., V.A.C.S., Art. 1175(5). 5 (Popup - Popup) State Law reference -Authority of municipality to regulate signs, V.T.C.A., Local Government Code, Chapter 215; Cross reference -Chapter 14, Zoning 6 (Popup - Popup) State Law reference -Swimming pool enclosures, V.T.C.A., Local Government Code, Sec. 214.101. 7 (Popup - Popup) State Law reference -Sanitation and health standards, V.T.C.A., Health & Safety Code, Ch. 341; Manufactured Housing Standards Act, V.A.C.S., Art. 5221 f.