Uses listed in section 4.101 may locate in certain zones under certain conditions by a special permit granted by the council after a report and recommendation by the planning and zoning commission. After receiving an application for permit, the planning and zoning commission shall hold a public hearing to determine the effect of such proposed use upon the neighborhood character, traffic, public utilities, public health, public safety, and general welfare. Such public hearing shall be substantially the same and notices shall be given in accordance with state statutes and city ordinances regulating the rezoning of property. After receiving the report and recommendation of the planning and zoning commission, the city council shall also hold a public hearing to be substantially the same required by state statute and city ordinance regulating the rezoning of property.

(Ord. No. 11-15-99, 11-15-99; Ord. No. 2005-01-03-1, § 2, 1-3-05)

_____

Uses for which special permits must be secured, conditions that must be observed, and districts in which use may be allowed are:

* The keeping of six or less children for compensation, shall be a home occupation and shall be exempt from this section [appendix].

(Ord. of 11-15-99; Ord. No. 2005-01-03-1, § 2, 1-3-05)

_____

Any application for a special use permit under provisions of this ordinance shall be accompanied by a fee as established by resolution of the city council.

(Ord. No. 11-15-99, 11-15-99; Ord. No. 2005-01-03-1, § 2, 1-3-05)

A.

Special use permits shall expire at such time as shall be prescribed by the city council.

B.

Shall be reviewed at anytime conditions change or staff recommends.

(Ord. No. 11-15-99, 11-15-99; Ord. No. 2005-01-03-1, § 2, 1-3-05)

Industrialized housing and buildings shall be installed within the City consistent with all zoning, subdivision, landscaping, site plan requirements, and other applicable development standards including the following requirements:

A.

Interpretation of provisions. Whenever a provision of this section and any other provision of this Ordinance, or any provision in any other law, ordinance, resolution, rule or regulation of any kind contains any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern. Any provisions of this section that are in conflict with State law shall be governed by State law to the extent of the conflict only.

B.

Definitions.

"Code" means Chapter 1200 of the Texas Occupation Code, as amended.

"Existing home" means the property line of any existing single-family or duplex home site within 500 feet of the outer boundary of the lot upon which an application has been received for the installation of an industrialized home.

"Modular component" or "modules" means a structural part of housing or a building constructed at a location other than the building site in a manner that prevents the construction from being adequately inspected for code compliance at the building site without:

(1)

Damage; or

(2)

Removal and reconstruction of a part of the housing or building.

"Industrialized building"

(1)

An industrialized building is a commercial structure that is:

(a)

Constructed in one or more modules or constructed using one or more modular components built at a location other than the commercial site;

(b)

Designed to be used as a commercial building when the module or the modular component is transported to the commercial site and erected or installed; and,

(c)

Bears the appropriate decal or insignia issued by the state demonstrating compliance with mandatory building codes.

(2)

An industrialized building includes that structure's plumbing, heating, air conditioning, and electrical systems.

(3)

An industrialized building does not include a commercial structure that exceeds three stories or 49 feet in height as measured form the finished grade elevation at the building entrance to the peak of the roof.

(4)

An industrialized building includes a permanent commercial structure and a commercial structure designed to be transported from on commercial site to another commercial site.

"Industrialized housing" or "industrialized home"

(1)

Is a residential structure that is:

(a)

Designed for the occupancy of one or more families;

(b)

Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site;

(c)

Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system; and

(d)

Bears the appropriate decal or insignia issued by the State demonstrating compliance with mandatory building codes.

(2)

This includes the structure's plumbing, heating, air conditioning, and electrical systems.

(3)

This does not include:

(a)

A residential structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof;

(b)

Housing constructed of a sectional or panelized system that does not use a modular component; or

(c)

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.

(4)

This definition replaced the definition for "Modular home" in Code Appendix A—Zoning Section 12.102.47.

"Value" shall mean the taxable value of the industrial housing and the lot after installation of the housing.

C.

Industrialized housing and industrialized buildings shall not be permitted to be installed or constructed within the city limits except in strict compliance with this section.

D.

Foundation required. Industrialized homes and buildings shall be securely fixed to a permanent foundation of the type required for a site built building with modifications to accommodate the connection and installation requirements of an industrialized building.

E.

Permit and inspection requirements:

(1)

Before an industrialized home or building may be installed or constructed on a property in the City limits, the property owner must submit an application for the appropriate permits as provided for in Chapter 14 "Buildings and Building Regulations" and additionally submit:

(a)

A complete set of designs, plans, and specifications bearing the stamp of approval required in the Code;

(b)

Verification that the building or home has not been altered, modified or remodeled since receiving approval as required in the Code, or, if such changes have occurred, an explanation of the extent of alteration, modification or remodeling; and

(c)

Adequate verification that the appropriate decal or insignia has been obtained for the building or home.

(2)

Additionally, for industrialized homes the property owner shall provide the city with a list of the name, address and current tax valuation of all existing homes within 500 feet of the property on which the industrialized home will be located and a statement from the tax assessor or a competent appraiser of the taxable value that the lot and industrialized home will have after installation.

(3)

Inspection of the industrialized home or building prior to connection to utilities shall be required to ensure compliance with industrialized building codes as established in the Code, the designs, plans and specifications for the home or building, the site plan, including inspection of the foundation system prior to erection of the modular components, inspection of the modular components installed on the foundation, as well as all other inspection required for new construction of the type being installed.

(4)

The owner of an industrialized building or home that has been modified or altered since the decal or insignia was issued or that is not in compliance with the then current industrialized building codes as established in the Code shall be required to bring the building or home into compliance with the building codes as provided in Section 1202.1535 of the Code. If issues arise on the sufficiency of compliance, code equivalency or alternative material authorized for use in the industrial building codes, the building official shall contact the appropriate state agency for determination as provided in Section 1202.156 of the Code.

F.

Comparable value. Industrialized single-family and duplex homes shall not be installed until the owner demonstrates that the home will be of a comparable value to the existing homes.

(1)

An application to install an industrialized home shall not be considered received until all the relevant information is received including Subsection E(2) information.

(2)

If no homes exist within 500 feet of the outer boundaries of the lot, the home owner shall not be required to demonstrate comparable value.

(3)

If there are existing homes, the city's building official shall determine compliance with comparable value, which is defined in Subsection 1202.253(c)(1) of the Code, based on the information required in Section E.

(a)

Applicants denied on the basis of failure to show comparable value or compatible exterior may appeal the decision to the city manager in writing within ten days of the date the building permit was denied. Appeals of denial by the city manager may be directed to the city council upon written application to the city secretary within ten days of the date of denial by the city manager.

G.

Compatible exterior. The applicant must also demonstrate that the industrialized home will have a compatible exterior to the existing homes or include specifications on the types of improvements that will be made to create a compatible exterior in the application. To be compatible, the exterior siding, roofing, roof pitch, foundation fascia, and fenestration must be substantially similar to the average existing home.

H.

Nothing herein shall authorize violation of valid deed restrictions.

(Ord. No. 2005-01-03-1, § 2, 1-3-05)