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11-34-03-Ordinance-Amending MH-1 Mobile Home HUD Manufactured Home and Industrial Housing District-11/17/2003CITY OF SANGER, TEXAS ORDINANCE NO. 11-34-03 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SANGER, AS HERETOFORE AMENDED, BY AMENDING SECTION 20 "MH-1" MOBILE HOME, HUD -CODE MANUFACTURED HOME AND INDUSTRIALIZED HOUSING DISTRICT; PROVIDING REGULATIONS FOR MOBILE HOME PARKS, HUD -CODE MANUFACTURED HOME PARKS AND INDUSTRIALIZED HOUSING PARKS; PROVIDING DEFINITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Sanger and the City Council of the City of Sanger, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of Sanger is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That section 20 of the Comprehensive Zoning Ordinance of the City of Sanger, Texas, Chapter 14 of the Code of Ordinances, be, and the same is hereby, amended in part as follows: "SECTION 20 "MH-1" MOBILE HOME, HUD -CODE MANUFACTURED HOME, MANUFACTURED AND INDUSTRIALIZED HOUSING DISTRICT General Purpose and Description: The MH-1 District is intended to provide for quality mobile home, HUD -Code Manufactured Home, and Industrialized Housing Development, containing many of the characteristics and atmosphere of the standard single-family subdivision. 20.1 Use Regulations: A building or premise shall be used only for the following purposes: 1. A mobile home. 2. HUD -Code Manufactured Home. 3. Industrialized housing. 4. Mobile home park, HUD -Code Manufactured Home Park and Industrialized Housing Park, with such uses normally accessory thereto, including an office and/or maintenance building the management and maintenance of the park only, recreation buildings and swimming pools, private club, laundry facilities, storage facilities and recreation areas for use by the residents of the park. A "park" is defined as a unit of land under sole ownership where lots are rented or leased as space to be occupied by the described housing. A HUD -Code manufactured home park may not contain a mobile home. See Section 3.1800 of the Code of Ordinances. 5. Other uses as listed in section 30 of this ordinance. 20.3 Area Regulations: b. Side Yard: ten feet (10') minimum, with 30 feet (30') minimum between homes; 20.5 Additional Restrictions Applicable to MH-1 District: 1. Manufactured housing and industrialized housing design and construction will comply with construction and safety standards of the Department of Housing and Urban Development or the Texas Industrialized Building Code Council, as applicable, and all such housing will be subject to inspection by the building official in accordance with such construction and safety standards. 2. All homes shall be set on solid slab structures and/or eighteen inch (18") to twenty inch (20") runners. Additional rooms and enclosed porches shall be constructed on a solid slab. 6. All homes shall comply with all regulations of the State of Texas and such regulations are hereby incorporated into this section. " SECTION 2. That Section 42.2 "Special Definitions" of the Comprehensive Zoning Ordinance be, and the same is hereby, amended in part as follows: "42.2 Special Definitions Except to the extent a particular provision specifies otherwise, the following definitions shall apply throughout this ordinance: 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, which is built on a permanent chassis, designed for us as a dwelling with or without a permanent foundation when the structure is connected to the required utilities, transportable in one or more sections, and, in the traveling mode, is at least eight body feet (8') in width or at least forty body feet (40') in length or, when erected on site, at least 320 square feet. A home includes the plumbing, heating, air conditioning and electrical systems of the home and does not include a recreational vehicle as defined by applicable federal regulations. 54B Industrialized Housing — is a residential structure that is: (1) Designed for the occupancy of one or more families; (2) Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and (3) Designed to be used as a permanent residential structure when the module or modular component is transported to the permanent site and erected or installed on a permanent foundation system. Industrialized Housing includes the structure's plumbing, heating, air conditioning and electrical systems. Industrialized housing does not include housing constructed of a sectional or panelized system that does not use a modular component or a ready -built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location. 71. Reserved. 73. Mobile Home — means a structure constructed before June 15, 1976, which is built on a permanent chassis, designed for use as a dwelling, with or without a permanent foundation, when the structure is connected to the required utilities, which is transportable in one or more sections, and which, in the traveling mode, is at least eight body feet (8') or at least forty body feet (40') in length or, when erected on site, is at least three hundred and twenty square feet, and includes the plumbing, heating, air conditioning, and electrical systems of the home. SECTION 3. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Sanger, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance will take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 1;7 day of A)011tGn,4w', 2003 by the City Council of the City of Sanger, Denton County, Texas. APPROVED: {Torjfty Kin aid, Mayor A° 'TIkST: NCO Rosalie Chavez, City Secre ZPPROVED AS TO FORM: k' ULL.— CITY ATTORNEY (60182)