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HomeMy WebLinkAbout06-3461 ord394 ORDINANCE NO. 06-3461 AN ORDINANCE AMENDING CHAPTER 8, OF THE CITY OF PLAINVIEW ZONING ORDINANCE TO ADD A SUBSECTION ADOPTING REGULATIONS FOR SINGLE FAMILY AND DUPLEX INDUSTRIALIZED HOUSING, CITY OF PLAINVIEW, HALE COUNTY, TEXAS, CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE; AND EFFECTIVE DATE. WHEREAS, the 78th Regular Texas Legislature adopted Senate Bill 1326 relating to the municipal regulation ofsingle-family and duplex industrial housing: and WHEREAS, the Governor signed Senate Bill 1326 making it effective June 18, 2003: and WHEREAS, the proposed amendment to the zoning ordinance, as hereinafter made, has been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council; and WHEREAS, said hearing was held in the Council Chambers of the City Hall, Plainview, Texas, at which time persons appeared in support of or against said proposal; and WHEREAS, the City Council of the City of Plainview, Texas desires to regulate single-family and two-family (duplex) industrialized housing; and WHEREAS, it was determined by the City Council that this action would not be detrimental or injurious to the public health, safety of general welfare, or otherwise offensive to the neighborhood, said amendment shall be in the manner hereinafter set forth in the body of this Ordinance; NOW, THEREFORE, The City of Plainview Hereby Ordains that: SECTION I Chapter 8 is amended to add section 8.3.13 REGULATION OF SINGLE-FAMILY AND TWO-FAMILY (DUPLEX) INDUSTRIALIZED HOUSING as follows: 8.3.13 REGULATION OF SINGLE-FAMILY AND TWO-FAMILY (DUPLEX) INDUSTRIALIZED HOUSING. 1. In any single-family or two-family (duplex) zoned districts, the owner of the tract of land may file an application to allow the installation, construction or location of industrialized housing in such single-family or two-family (duplex) zoning districts in accordance with Texas Occupations Code Ann., Section 1202.253 (Vernon's), as amended. Ordinance No. 06-3461 Industrialized Housing Page 1 of 5 395 2. Single-family or two-family (duplex) industrialized housing must have all local permits and licenses that are applicable to other single-family or two- family (duplex) dwellings. 3. "Industrialized housing" means industrialized housing as defined by Texas Occupations Code Ann., Section 1202.002 (Vernon's), as amended. 4. An application for placement of industrialized housing as provided in subsection 1 above, shall be filed with the Department of Community Services. 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 is in conformance with the following regulations: (a) Industrialized housing must have a value equal to or greater than the median taxable value of each single-family dwelling or two-family (duplex) 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 housincl. (b) Industrialized housing must have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family or two-family (duplex) dwellings located within five hundred (500) feet of the lot on which 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. (c) 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 or two-family (duplex) dwellings. (d) Industrialized housing must be securely fixed to a permanent foundation. (e) Industrialized housing may not Ibe constructed in a historic overlay district unless the industrialized housing conforms to the preservation criteria of the historic overlay district. (f} Industrialized housing may not be installed, constructed or located within a subdivision, unless it complies with deed restrictions applicable to such subdivision. 5. The Community Services Department shall mail notice of the requested Ordinance No. 06-3461 Industrialized Housing Page 2 of 5 396 industrialized housing project by certified mail return receipt requested 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. 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 deem in the interest of the public health, safety, and welfare. 6. 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. 7. 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. 8. In the event that any applicant and/or owner(s) of at least twenty (20) percent of either: (a) The area of the lots or land covered by the proposed industrialized housing project; or (b) The area of the lots or land immediately adjoining the area covered by the proposed industrialized housing project and extending five hundred (500) 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 program plan, such protestant may file with the Director of Community Services an appeal within ten (10) days of the Commission's action. The City Council shall hear and decide any appeals after the same notification procedure as outlined in subsection 5 [if the appeal is pursued by the applicant, the cost of such notification is borne by the applicant], and may also make any amendment, modifications, or deletions to the conditions or requirements of said industrialized housing project plan. 9. A filing fee in the amount equal to the fee charged for filing asingle-family or two-family (duplex) site plan zoning case before the Planning and Zoning Commission shall accompany each request for an industrialized housing project plan. Ordinance No. 06-3461 Industrialized Housing Page 3 of 5 397 10. It shall be unlawful for the owner or occupant of a tract of land zoned for single-family or two-family (duplex) uses 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. 11. Any person violating any of the provisions in 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 hundred dollars ($100.00) and not more than two thousand dollars ($2,000). SECTION II Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. SECTION III All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION IV Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, sub-section, sentence, provision, clause, phrase, or word severable there from and the same shall be deemed severable for this purpose. SECTION V This ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED on first reading this 28th day of March, 2006. PASSED AND APPROVED on second reading this 11th day of April, 2006. n C. Anderson, J>Dlayor Ordinance No. 06-3461 Industrialized Housing Page 4 of 5 398 ATTEST: ~. Belinda Hinojosa, City Secret D AS"~TA CONTE :astro, Director unity Services APPROVED AS TO FORM: Leslie pear Pearce City Attorney Ordinance No. 06-3461 Industrialized Housing Page 5 of 5