Generally. This Division identifies the land uses that may be allowed within each of the specified zoning districts established in Section 2.1.1, Zoning Districts Established, and sets out supplemental use regulations. Uses shall not be permitted, and buildings and structures associated with such use shall not be erected, brought or moved onto a tract or parcel, structurally altered, or enlarged on a property, unless said use is permitted within the zoning district applicable to the property located within the City limits of Jonestown, and in accordance with the provisions of these regulations. Provided, however, that necessary structural repairs may be made where health and safety are endangered.

List of Districts and permitted land uses are set out in the following sections:

Interpretation. Land uses are classified for each zoning district as either permitted by-right (P), conditional uses (C) or restricted (R), as set out in this subsection and as shown in the land use tables in Subsection H - Chart 3.1.1-6.

Principal and accessory uses. The City recognizes that multiple uses may occasionally occupy a property. These uses can be classified as Principal or Accessory, as follows:

Unlisted Uses. It is recognized that new types of land uses may emerge, and forms of land use not presently anticipated may seek to locate to the City. The Planning Director shall make a determination as to whether a particular unlisted use may be reasonably classified as adhering to a listed use as set out in this Division.

Agricultural uses and operations. These regulations are not intended to restrict or impose a governmental requirement that applies to agricultural operations located in the city limits unless:

Any uses not listed herein are prohibited. City council may grant a conditional use permit for unlisted uses.

Purpose. This district is intended to provide appropriate areas for uses that provide important community services often requiring large amounts of land. Uses permitted in the GUI district and other substantially similar uses generate a large amount of traffic. Land abutting a major street that can be used for access will be considered appropriate for GUI classification.

Permitted uses. See the chart of permitted uses in selected districts in Section 3.1.1.

Conditions and limitations. See Section 3.1.1.

Purpose and permitted uses. This district is intended to establish and preserve low-density rural residential use. This district is appropriate for selected locations where rural characteristics are desired or where terrain or public service capacities necessitate very low densities. Any uses not listed are prohibited.

Purpose and permitted uses. Permits detached single-family dwellings and related accessory structures.

Conditions and limitations. See Section 3.1.1.

Residential structures shall comply with the site development regulations in this subsection and any other applicable building codes and regulations.

Purpose and permitted uses. Allows duplex housing not to exceed one (1) structure per acre.

Conditions and limitations. See Section 3.1.1.

Residential structures shall comply with the site development regulations in this subsection and any other applicable building codes and regulations.

Purpose and permitted uses. Allows conventional and high-density apartment development.

Conditions and limitations. See Section 3.1.1.

Residential structures shall comply with the site development regulations in this subsection and any other applicable building codes and regulations.

Restricted use. Manufactured Home.

Purpose and permitted uses. Manufactured homes may be placed on individual lots meeting this zoning classification and used for single-family occupancy only. No home shall have less than 650 square feet of living area, and shall be a minimum of 14 feet in width, and shall have no metal on the outside wall area (See above) and be no older than 5 years at the time of placement on the lot, with one single-family home per lot or space. Detached single-family dwellings built on-site and related accessory structures are also permitted, subject to the conditions and limitations and site development regulations for the R-1 single-family residential district set forth in Section 3.1.4.

Conditions and limitations. See Section 3.1.1. For detached single-family dwellings and related accessories, the conditions and limitations for the R-1 single-family residential district apply.

Purpose and permitted uses. Property and areas of the city zoned "M-2" may be used and occupied as a manufactured home park. No home shall have less than 650 square feet of living area, and shall be a minimum of 14 feet in width, and shall have no metal on the outside wall area and be no older than 5 years at the time of placement on the lot, with one single-family home per lot or space. All lease spaces shall be under one ownership, operated and under the continuous control of a resident manager.

Property and areas of the city zoned M-2 may be planned, used, approved, platted and occupied as a manufactured home subdivision where lots are sold and conveyed to individual lot owners. Land and areas of the city zoned "M-2" and having an approved plat may be used for manufactured homes having a minimum of 650 square feet of living area, a minimum width of 14 feet, and be no more than 5 years old at the time of the lot or space sale, with one home per lot.

The proposed sale of any Individual lots or spaces of a manufactured home park or portion thereof, shall meet the requirements of the city subdivision ordinance prior to closing.

All manufactured homes brought into or relocated within the city shall be required to obtain city building permits, electrical permits, plumbing permits, mechanical permits and are subject to all required inspections as set forth in city ordinances and regulations.

Conditions and limitations. See Section 3.1.1.

Through traffic. No through traffic shall be permitted in a manufactured home park or subdivision.

Perimeter fence. A 6' perimeter fence shall be required.

Additional storage required. Each lot or space shall have a carport equipped with a storage unit with said storage unit having a minimum floor space of 100 square feet or a two-car enclosed garage, which shall be subject to Section 3.1.1.

Purpose. The City Council finds that properly planned and operated recreational vehicle communities (i.e., recreational vehicle (RV) parks): (1) promote the safety and health of the residents of such communities and of other nearby communities; (2) encourage economical and orderly development of such communities and other nearby communities. It is, therefore, declared to be the policy of the city to eliminate and prevent health and safety hazards and to promote the economical and orderly development and utilization of land by providing for planned and supervised recreational vehicle communities by providing for the standards and regulations necessary to accomplish these purposes. This section is enacted in order to achieve orderly development of recreational vehicle parks (RV parks), to promote and develop the use of land to minimize possible impacts, and to promote the health, safety and general welfare of the public.

Applicability. This shall apply to any recreational vehicle park located or to be located within the city limits.

Definitions. See Article 9.

Size and density. Each RV park must have a minimum size of one (1) acres, with a maximum of five (5) acres. The maximum site density for RV parks shall be twenty (20) sites per acre. Only one (1) recreational vehicle is permitted per recreational vehicle site.

Soil and ground cover. Exposed ground surfaces in all parts of the RV park shall be paved, covered with stone, rock, or other similar solid material, or protected with a vegetative cover that is capable of preventing soil erosion and eliminating dust.

Drainage. The ground surface in all parts of the RV park shall be graded and designed to drain all stormwater surface water in a safe, efficient manner. Drainage analysis shall be performed by a licensed professional engineer and easements for the conveyance of surface water off site shall be obtained, if needed. The development of the RV park shall also comply with the drainage and flood control regulations set forth in Section 4.1.2 and Article 5 of this code.

Water supply. Each site within an RV park shall be provided with a connection to the public water supply. If required by state law, a permit from the Texas Commission on Environmental Quality (TCEQ) shall also be obtained. The city/water service provider and the city must approve all proposed water facility plans prior to construction. The water distribution system shall be installed as follows:

Electrical service. Each site within an RV park shall be provided with electrical service. All electrical service shall be underground and installed in accordance with the current city codes. The electrical service shall be installed as follows:

Storage, collection and disposal of refuse and garbage. Each RV park shall be provided with safe and adequate facilities for the collection and removal of waste and garbage. Storage, collection, and handling shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, or fire hazards. Every site shall be located within two hundred (200) feet of a refuse facility measured along the RV park internal roadway. If trash dumpsters are used, they shall be screened.

Permanent occupancy prohibited. No RV park or recreational vehicle therein shall be used as a permanent residence for any period of time, except for permanent full-time employees of the RV park. Occupancy or parking of a recreational vehicle within the RV park extending beyond six (6) months in any twelve-month period shall be presumed permanent occupancy. (For example, staying in the park for three (3) months, leaving for one (1) month, and returning for three (3) months is six (6) months of occupancy.) After six (6) months of occupancy, the recreational vehicle must leave the park and cannot return until six (6) months have passed.

Telephone. A minimum of one (1) public or semipublic telephone shall be provided in an easily accessible location twenty-four (24) hours a day, seven (7) days a week.

Accessory structures. The individual sites within the RV park are not allowed to have accessory structures as defined herein or in the zoning ordinance. Individual sites may have an awning or temporary, portable canopy to provide shade for site occupants.

Control of insects, rodents and other pests. Grounds, buildings and structures in the RV park shall be maintained free of the accumulation of debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitoes or other pests.

Purpose and permitted uses. This use is intended to provide sites for quiet, low-density professional offices where all services shall be performed inside the designated office space or building, with only outside accessory building for storage in enclosed structures allowed. The following uses and substantially similar type uses shall be permitted provided they comply with the other regulatory requirements contained in the code. See the chart of permitted uses in selected districts in Section 3.1.1.H.

Conditions and limitations. See Section 3.1.1.

Purpose and permitted uses. This district is designed to provide sites for low-density, retail businesses providing goods, services and merchandise completely contained within a building. No open air or outdoor storage is allowed in this district. The following uses and other substantially similar uses shall be permitted provided they comply with other regulatory requirements contained in the code. See the chart of permitted uses in selected districts in Section 3.1.1.H.

Conditional uses permitted upon authorization of city council. (See Section 3.1.18.)

Performance standards — light commercial district. All uses in the B-1 (light commercial) district shall conform in operation, location and construction to the minimum performance standards herein specified. No noise, odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire, explosive and hazardous matter, and vibration shall be permitted.

Purpose and permitted uses. This district is designed to provide sites for more general and less restrictive sale of products and merchandise, by allowing larger facilities, larger parking areas, the outdoor display and sale of merchandise and products that are visible from the public roads as well as allowing accessory buildings. B-2 should be reserved for areas where the anticipated impact of the commercial use is likely to have an adverse effect on residential use of properties located in close proximity to the B-2 use. Any use provided for in district B-1 and the following uses and other substantially similar uses shall be permitted. See the chart of permitted uses in selected districts in Section 3.1.1.H.

Conditional uses permitted upon authorization of City Council (subject to Section 3.1.18).

Signs. See the city's sign regulations.

Performance standards — general commercial district. All uses in the B-2 (general commercial) district shall conform in operation, location and construction to the minimum performance standards herein specified. No noise, odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire, explosive and hazardous matter, and vibration shall be permitted.

Purpose and permitted uses. This district is designed to provide locations for outlets offering goods and services to a targeted segment of the general public as well as industrial users. The uses included primarily serve other commercial and industrial enterprises. The following uses and other similar uses shall be permitted, provided they comply with the other regulatory requirements contained in the code. See the chart of permitted uses in selected districts in Section 3.1.1.H.

Conditions and limitations. See Section 3.1.1.

Signs. See the city's sign regulations.

Performance standards - light industrial districts. All uses in the I-1 (light industrial) district shall conform in operation, location and construction to the minimum performance standards herein specified. No noise, odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire, explosive and hazardous matter, and vibration shall be permitted.

Purpose. The purpose and intent of the planned unit development district is to provide a flexible, alternative procedure to encourage imaginative and innovative designs for the unified development as opposed to traditional block type subdivisions, (ii) to allow development which is harmonious with nearby areas; (iii) to enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural or historic significance; (iv) to provide an alternative for more efficient use and development of property in the city consistent with this article and accepted urban planning, with overall regulations as set forth below and in accordance with the city's comprehensive plan and its supporting planning documents. All PUD Districts require approval of a Concept Plan at the time that PUD zoning is considered for approval.

Objectives. The PUD rules are designed: 1) to accommodate cluster type residential of land, resulting in smaller utility networks, safer streets, more open space, and lower construction and maintenance costs; 2) to encourage harmonious and coordinated development, considering natural features, community facilities, circulation patterns and surrounding properties and neighborhoods; 3) to facilitate the analysis of the effect of development upon the tax base, the local economy, population, public facilities and the environment; 4) to provide and result in an enhanced residential and/or work environment for those persons living and/or working within the district; and 5) to require the application of professional planning and design techniques to achieve overall coordinated mixed-use developments and avoid the negative effects of piecemeal, segregated, or unplanned development. Toward these ends, rezoning of land and development under this district will be permitted only in accordance with the intent and purpose of the city's comprehensive plan and this article, and to that end the PUD Concept Plan must be prepared and approved in accordance with the provisions of this article.

Mixed use development. The PUD district may include and allow for compatible mixed uses such as compatible residential, commercial, office, and/or industrial, within a single project within the boundaries of an approved Concept Plan area, in order to provide the flexibility required for a well-designed and innovative development that will conserve, develop, protect and utilize to their best use the natural resources of the area in a manner that ensures the safe, orderly and healthy development and expansion of the city. In order to promote such development, the PUD may be comprised of a combination of all the other zoning districts provided for in this article. The outer boundary of each such PUD zoning district shall be shown on a map. Said map will include a descriptive legend, the specific boundaries of the area proposed for use authorized for in any other zoning district, and percentage of the total area of such PUD which will comprise each such separate use, and all notations, references, and other information shown thereon, shall be adopted by ordinance.

Flexible planning. When considering a PUD, the unique nature of each proposal for a PUD may require, under proper circumstances, the departure from the strict enforcement of certain present codes and ordinances, e.g., without limitation, the width and surfacing of streets and highways, lot size, parking standards, setbacks, alleyways for public utilities, signage requirements, curbs, gutters, sidewalks and streetlights, public parks and playgrounds, drainage, school sites, storm drainage, water supply and distribution, sanitary sewers, sewage collection and treatment, single-use districts, etc. Final approval of a PUD by the City Council shall constitute authority and approval for such flexible planning to the extent that the PUD as approved, departs from existing codes and ordinances. The flexibility permitted for a PUD does not imply that any standard or requirement will be varied or decreased. In particular, development standards may be more stringent than the requirements applicable to other zoning districts and any regulation that is varied or decreased within the PUD district should be accompanied by a development standard that is more restrictive to provide mitigation to adjoining land uses that may be affected by the decrease in standards.

Rules applicable. The City Council, after public hearing and proper notice to all parties affected and after recommendation from the commission, may attach a planned unit development district designation to any tract of land equal to or greater than five (5) acres. Under the planned unit development designation the following rules apply:

Concept plan. A Concept Plan, prepared in accordance to the requirements set out in Section 3.3.3, for the entire Project intended for development within the property to be zoned as a planned unit development district shall be considered by the commission prior to any recommendation to, or consideration by, the City Council of the planned unit development district ordinance.

Site plan. Following approval of the PUD zoning and prior to the commencement of site construction or development, the property shall obtain approval of a Site Plan in accordance with Section 3.3.4. If the property will be required to obtain plat approval, the Site Plan can be approved in conjunction with approval of the Plat.

Amendments. Consideration of amendments to a planned unit development will take into consideration the effect of the proposed development on the remainder of the property, adjacent properties and the neighboring communities. Major Amendments, or changes of use, will require amendment to the Concept Plan and shall be processed and considered for approval as a zoning ordinance amendment including public hearings. Any amendments to a PUD district that includes amendments to development standards of the PUD, will be processed as zoning ordinance amendment, unless such changes are considered a Minor Amendment or are approved in conjunction with a Plat or Site Plan approval. Amendments to a Site Plan which do not trigger a rezoning process automatically amends any applicable portions of the Concept Plan.

Expiration. If development equal to at least twenty-five percent (25%) of the cost of installing streets, utilities and drainage in the PUD, or, if the PUD is approved to be developed in sections or phases, if development equal to at least fifty percent (50%) of the cost of installing streets, utilities and drainage in the first section or phase of the PUD has not occurred, on a planned unit development tract or lot within five (5) years after the date of approval, such approval shall expire; and may only be renewed after application is made therefore, notice is given and public hearings are held by the commission and City Council to evaluate the appropriateness of the previously authorized planned development approval. Any such application for renewal or extension shall be considered in the same manner, and under the same rules, regulations and ordinances then in effect, as a new application for zoning. In the event that PUD zoning expires the zoning of the property shall immediately return to the zoning in place prior to the approval of the PUD zoning.

Ordinance amendment. Every planned unit development district approved under the provisions of this article is considered an amendment of this article as to the property involved, and to the comprehensive plan. All planned unit development districts will be referenced on the zoning district map, and a list of such planned unit development districts shall be maintained as an appendix to this article.

Development standards and certificate of occupancy. All planned unit development district conditions and special regulations that differ from the Code of Ordinances shall be encompassed within an exhibit attached to the zoning ordinance creating the PUD and labeled Development Standards. All of the Code requirements, except as amended by the Development Standards, must be complied with in the PUD, or in the applicable separate section or phase, before a certificate of occupancy is issued for the use of land or any structure thereon which is part of a planned unit development district, or, if applicable, the separate section or phase being developed.

Permitted uses. The uses permitted in the underlying zoning district shall be permitted in the FM 1431 Corridor overlay district.

Applicability. The site development regulations of this section shall apply to the construction or renovation of any building or structure located on property within the FM 1431 Corridor overlay district, except for property zoned to the R-R, R-1 or R-2 districts. Nonconforming structures located within the FM 1431 Corridor overlay district may be continued as long as otherwise lawful, subject to the Section 3.1.19.

Corridor designation. The FM 1431 Corridor overlay district shall include all property within 500 feet from the centerline of FM 1431 within the Jonestown city limits as they existed on April 28, 2005. Where a portion of tract or parcel is within 500 feet of the centerline of FM 1431, the entire tract or parcel, within the city limits, shall be zoned to the FM 1431 Corridor overlay district.

Conditions and limitations. See Section 3.1.1.

Permitted uses other than short-term rentals. The uses permitted in the underlying zoning district shall be permitted in the STR overlay district.

Corridor designation. The STR overlay district shall include all property located within the areas depicted on the City Zoning Map Section 2.1.2.

Conditions and limitations. Short-term rental use shall be allowed by right in the STR overlay district so long as such use is registered and licensed pursuant to Article 4.09, short-term rentals, as that article currently exists or may hereafter be amended.

Corridor regulations. For any rental of a residence for less than thirty (30) days, a property owner who desires to rent his/her residential property, whether leased directly or subleased through another party, shall comply with the following criteria and conditions:

Purpose. The purpose of the temporary zoning district is to temporarily, but automatically, zone property upon annexation of the property until permanent zoning of the property can be accomplished. Any use of the property in existence at the time of annexation of the property may be continued in accordance with the regulations associated with legal nonconforming uses as set out in Section 3.1.19. No use existing within the Temporary Zoning District at the time of annexation may be expanded, unless and until permanent zoning of the property is obtained. Permanent zoning of the property shall occur according to Section 2.1.3.

Generally. The City Council may by ordinance, after following the same public notice, public hearing and procedures of a re-zoning application and upon approval by four (4) affirmative votes after receiving the recommendation of the commission, grant a conditional use permit in compliance with this section for the conditional uses listed in Subsection K below, or to allow conditional uses set out in the land use zoning chart, or to allow conditional uses as authorized elsewhere in the code of ordinances. The City Council may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the comprehensive plan and to conserve and protect property and property values in the neighborhood.

Initiation of application. An application for a Conditional Use Permit may be filed by the property owner(s), or a person having a contractual interest in the subject property with consent of the property owner(s).

Application requirements. The Director shall ensure that a completed application has been submitted by the applicant pursuant to Section 7.1.1, General Application Procedures, and includes the information and materials necessary for City Council to render an informed decision.

Procedures. All applications for a Conditional Use Permit shall follow the procedure set out in this Section.

Review criteria. In the review and consideration of a Conditional Use Permit, the Director, Planning and Zoning Commission and City Council shall consider the following criteria:

Conditions of approval. Upon consideration of the review criteria, the Director and Planning and Zoning Commission may recommend, and the City Council may establish, conditions of approval, which may exceed the Applicable Criteria, and as deemed necessary to ensure compatibility with surrounding uses and to preserve the public health, safety and welfare, and to promote compliance with the review criteria set out in Subsection E, Review Criteria, above.

Modifications to approved conditional use permits. Once a Conditional Use Permit is approved, the project shall be built and operate in the manner specified as part of the Conditional Use Permit approval. Any modification shall require the submittal of a revised application for approval.

Revocation of approved conditional use permit. The City Council may revoke approval of a Conditional Use Permit if it is determined that:

Authorized conditional uses. The following listed conditional uses and those indicated in a specific zoning district as a permitted use with a conditional use permit, and none other, may be authorized subject to the terms of this section and compliance with all conditional terms, regulations and requirements established by the City Council.

Procedure. Before authorization of any of the above conditional uses, public notice shall be given and public hearings shall be held as provided in chapter 211, Texas Local Government Code, as amended; and after a public hearing is held by the City Council and after having received a report and recommendation from the commission concerning the effect of the proposed use on the adjacent and neighboring properties and neighborhoods, provided that a conditional use permit for a period not to exceed seven (7) calendar days may be issued by the building official for a use set forth in (3) [Subsection K.2].

Reapplication after denial of conditional use permit. For 90 days after denial of an application for a conditional use permit, no application for the same or similar conditional use on the property identified in the denied application may be submitted. Any such application that is submitted within 90 days after denial of the previous application shall be returned to the applicant with no action taken.

General policy. Nonconforming conditions are to be avoided in the use and development of land and buildings, or eliminated where now existing, whenever and wherever possible, except:

Nonconforming structures. Where a lawful structure exists on the effective date of the adoption or amendment of this article, that could not be built under the terms of this article by reason of restrictions on permitted use, area, lot coverage, height, years, its locations on the lot, or other requirements concerning the structure, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:

Nonconforming uses. A nonconforming use may be continued as long as it remains otherwise lawful, subject to the following provisions:

Repairs and maintenance. On any nonconforming structure, or nonconforming portion of a structure, containing a nonconforming use, repairs and maintenance shall be performed to maintain the structure in compliance with the electrical, plumbing and building codes; provided that such repairs and maintenance shall be subject to the following conditions and limitations:

A manufactured home occupying a lot as of January 1, 2008, that is located outside of a district in which manufactured homes are authorized under this article, may be replaced one time by a newer manufactured home (the "replacement manufactured home"), provided that the replacement manufactured home is at least as large in living space as the prior manufactured home. The limitation of a single replacement does not apply to a manufactured home that is replaced due to damage caused by a natural disaster, including a fire. Use of the property for a purpose other than a manufactured home site after removal of the manufactured home shall extinguish the property owner's right to install a replacement manufactured home under this section.

Purpose-residential. The purpose of the residential portion of this section is to create a convenient living arrangement that allows one accessory dwelling unit on the same lot as the primary single-family dwelling unit, provided it complies with the criteria in this section.

Accessory dwelling unit criteria. An accessory dwelling unit must:

No mobile home shall be placed, located or installed on any lot, tract or parcel of land within the city after the effective date hereof.

No manufactured home may be placed or located on any lot, tract or parcel of land that is not specifically zoned for use and occupancy by manufactured homes, except as provided in this article.

No Industrialized Housing may be placed or located on any lot, tract or parcel of land that is not specifically zoned for such use and occupancy, except as provided by this article.

Definitions. See Article 9 for applicable definitions.

New installations of mobile homes prohibited. No mobile home shall be moved into the city. No mobile home shall be placed, located or installed on any lot, tract or parcel of land within the city after the effective date hereof.

Use of manufactured home as temporary office. A manufactured home may be used as a temporary construction office, or a temporary sales office within a development, if, prior to the commencement of such use, the owner secures a temporary occupancy or use permit from the planning and zoning commission of the city. Subsection E below shall not be applicable to a manufactured home that is permitted under this section for use as a construction or sales office for a term of six (6) months or less.

Manufactured homes exhibited for sale by licensed retailer. The terms, provisions and conditions of Subsection E shall not be applicable to manufactured homes that are not occupied and that are exhibited for sale on property that is zoned "commercial," is used solely for the retail sale of manufactured homes and directly related incidental uses, is used and occupied by a person that is a licensed retailer under a license issued by the state department of housing and community affairs, and does not have any mobile home or manufactured home stored, located or parked thereon that is not "habitable" as provided in Texas Occupations Code, Ch. 1201.

State inspection. No manufactured home that has been previously occupied and is then more than five (5) years old, and no manufactured home that the building inspector observes to be damaged or deteriorated, may be located, placed or installed in the city after the effective date of this article unless it is first documented to the city that the manufactured home has been inspected and found to be habitable by the manufactured housing division of the state department of housing and community affairs, or an inspector licensed by that department. The inspection documentation shall be dated after the later of the date the apparent damage occurred or the date the manufactured home was last occupied.

Zoning regulations. No manufactured home may be placed or located on any lot, tract or parcel of land that is not specifically zoned for use and occupancy by manufactured homes, except as provided in this article or the zoning ordinance of the city.

Permit. No manufactured home may be moved into or installed within the city, except as provided in Subsection F, prior to a permit being issued therefor by the building inspector of the city. The building inspector shall grant or deny the permit within forty-five (45) days of the date a complete permit application is filed with the city. If application is made to place or install a manufactured home on property that is not properly zoned for such use or occupancy, the building inspector shall deny the permit application and advise the applicant that an application for rezoning or a temporary use permit may be made to the planning and zoning commission.

Adoption of state law. Texas Occupations Code, Ch. 1201, as amended from time to time, is hereby adopted in its entirety. If any term or provision of this article shall conflict with any term, provision or requirement of Texas Occupations Code, Ch. 1201, or any comparative state or federal law, rule or regulation, the terms and conditions of Texas Occupations Code, Ch. 1201 or such state or federal law, rule or regulation shall govern and control.

Applicability. This Section applies to single-family and duplex industrialized housing, as defined by and regulated by the Texas Manufactured Housing Standards Act (Article 5221f and 5221f-1, V.A.C.S.) and the Texas Occupations Code Chapter 1202, Industrialized Housing and Buildings.

Generally. Industrialized homes in the City limits are regulated the same as a traditional site-built home. Industrialized homes must meet or exceed all applicable local building codes, zoning and development regulations, and licensing and permitting requirements that pertain to construction of traditional site-built single-family or duplex dwelling units. Industrialized housing is often commonly referred to as modular housing.

Industrialized housing design standards. Per the Texas Occupations Code § 1202.253, single-family and duplex industrialized housing shall:

Additional application materials. In addition to application materials required for all new residential development, the Building Official shall require the following:

Additional on-site inspections. To ensure compliance with design, plans, and specifications, the following on-site inspections are required by the Building Official:

Conformity to parking and loading space requirements. No structure or building shall be erected, converted, reconstructed, or enlarged or structurally altered by more than twenty-five percent (25%) of the structure or building's floor area (cumulative of all renovations) unless it shall conform to the off-street parking and loading standards in this article.

Application of off-street parking and loading standards. The off-street parking and loading standards in this article apply to any building constructed and to any use beginning after the effective date of this article.

Expansions and alterations. The off-street parking and loading standards of this article apply when an existing structure or use is expanded or enlarged. Additional off-street parking and loading spaces will be required to serve the entire building or use. The number of off-street parking and loading spaces provided for the entire use (preexisting + expansion) shall equal at least 100 percent of the minimum requirement established in the Tables 3.2.4-1 and 3.2.4-2, off-street parking requirements tables.

Handicap parking. Nonresidential handicap parking requirements must meet Americans with Disabilities Act requirements and Texas Disability Standards.

No reduction below requirement. Existing parking and loading spaces may not be reduced below the requirements established in this article. Any change in use that increases applicable off-street parking or loading requirements will be deemed a violation of this article unless parking and loading spaces are provided in accordance with the provisions of this section.

Screening requirements. Off-street parking areas for more than five (5) vehicles shall be effectively screened by a sight-obscuring fence, hedge or planting, on each side, where the parking area adjoins a residential use or is situated in a residential area. To the extent applicable, the requirements of Section 3.2.6.43 shall apply.

Compact parking spaces. Whenever five or more spaces are required, no more than 30 percent of the required parking spaces should be compact parking spaces.

Development and maintenance standards for parking areas. Every parcel of land within the city shall comply with the following off-street parking requirements: