§ 52-65. Regulations for industrialized housing to be installed in single-family and two-family (duplex) zoned districts.

(a)

In any single-family or two-family (duplex) zoned district, including S-P-1 and S-P-2 site plans providing for single or two-family use and development plans for single-family or two-family use within a PUD, the owner of a tract of land may file an application to allow the installation, construction or location of industrialized housing in such single-family or two-family zoning district in accordance with § 1202.253 Texas Occupations Code, as amended.

(b)

Single-family or duplex industrialized housing must have all local permits and licenses that are applicable to other single-family or duplex dwellings.

(c)

"Industrialized housing" means industrialized housing as defined by §1202.002 of the Texas Occupations Code, as amended.

(d)

An application (on a form provided by the director of community development or his designee) for placement of industrialized housing as provided in subsection (a) above, shall be filed with the department of community development. The application form shall request the information (e.g., pictures of homes within five hundred (500) feet, percentage of masonry on such homes, proof of value of existing and proposed improvements, etc.) necessary to determine if the proposed industrialized housing project plan is in conformance with the following regulations:

(1)

Industrialized housing must have a value equal to or greater than the median taxable value of each single-family dwelling located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll of the appraisal district. For purposes of this subparagraph the "value" of the industrialized housing means the taxable value of the industrialized housing and the lot after installation of the industrialized housing.

(2)

Industrialized housing must have exterior siding, roofing, roof pitch, foundation fascia and fenestration compatible with the single-family dwellings located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located. "Compatible" as used in this subparagraph means similar in application color, materials, pattern, quality, shape, size, slope, and other characteristics, but does not necessarily mean identical. The burden is on the property owner or applicant to supply proof of compatibility.

(3)

Industrialized housing must comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision regulations, landscaping, square footage and any other regulations applicable to single-family dwellings.

(4)

Industrialized housing must be securely fixed to a permanent foundation.

(5)

Industrialized housing may not be constructed in a historic overlay district unless the industrialized housing conforms to the preservation criteria of the historic overlay district.

(6)

Industrialized housing may not be installed, constructed or located within a subdivision unless it complies with deed restrictions applicable to such subdivision.

(e)

The applicant shall mail at its expense notice of the requested industrialized housing project by certified mail, (return receipt requested to "Community Development Department") in accordance with criteria set by the director of community development to all property owners as shown by the latest tax roll within five hundred (500) feet of the lot or tract, if unplatted, on which the industrialized housing is proposed, at least ten (10) days prior to the scheduled hearing date of the request before the planning and zoning commission.

(f)

The application and project plan for industrialized housing shall be heard by the planning and zoning commission at one of their regular meetings. The planning and zoning commission shall have the power to finally approve or deny the industrialized housing project plan. The planning and zoning commission may add, modify or delete such conditions and restrictions on the granting of the industrialized housing project plan as they may deem in the interest of the public health, safety and welfare.

(g)

The planning and zoning commission shall not have the power in an industrialized housing project plan to remove a restriction on the use of the property as required by the underlying zoning district.

(h)

Any action of the planning and zoning commission on an application shall not become final until the time allotted for an appeal to the city council as provided for below has expired. No building permit for the installation, construction or location of industrialized housing shall be issued until the action or decision of the planning and zoning commission or city council, whichever is applicable, has become final.

(i)

In the event that any applicant and/or owner(s) of at least twenty (20) percent of either:

(1)

The area of the lots or land covered by the proposed industrialized housing project; or

(2)

The area of the lots or land immediately adjoining the area covered by the proposed industrialized housing project and extending two hundred (200) feet from that area, protest or object to the action of the planning and zoning commission in regard to a request for approval of an industrialized housing project plan, such protestant may file with the director of the department of community development an appeal within ten (10) days of the commission's action. The city council shall hear and decide any appeals after the same notification procedures as outlined in subsection (e) [if the appeal is pursued by the applicant, the cost of such notification is borne by the applicant], and may also make any amendments, modifications, or deletions to the conditions or requirements of said industrialized housing project plan.

(j)

A filing fee in an amount equal to the fee charged for filing a S-P-2 site plan zoning case before the planning and zoning commission shall accompany each request for an industrialized housing project plan.

(k)

It shall be unlawful for the owner or occupant of a tract of land zoned for single-family or two-family (duplex) uses, including S-P-1 and S-P-2 site plans and PUD zoned property providing for single-family or two-family use, to suffer, allow or permit industrialized housing on such tract, but it shall be an affirmative defense that the industrialized housing on said tract has been placed according to the terms of an application which has been finally approved under this section.

(l)

Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine in an amount not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00).

(Ord. No. 8351, §§ 1, 2, 5-20-04)