"MH-2" Manufactured Home District 2.
A.
Purpose. This zoning classification is established to provide adequate space and restrictions for the placement of manufactured homes in the City of Kenedy, where adequate streets and other community facilities are available for present and future needs. The "MH-2" district is established to provide to allow medium manufactured housing use of the land and is intended to comprise larger tracts of land designed to provide total residential amenities of open space, recreation space and areas of protected off-street parking. This district is intended to be located near high volume thoroughfares due to the traffic generating probability of medium density dwelling units within this district. This district is designed to be compatible with existing and proposed neighborhoods and to promote the most desirable use of land and direction of building development, to promote stability of development, to protect the character of the district, to preserve the value of the land and buildings, and to protect the city's tax base.
B.
Use regulations. Individual lots platted prior to the date of this chapter and zoned "MH-2" may be used and occupied by mobile homes and manufactured homes, provided that no mobile home shall be hereafter placed or installed on any lot, tract or parcel of land within the city. In the "MH-2" Manufactured Home District 2, no building or land shall be used and no buildings shall be hereafter erected or placed, reconstructed, altered or enlarged, unless otherwise provided in this chapter, except for one or more of the following uses.
a.
Permitted uses.
1.
Multiple manufactured homes placed in accordance with an approved site plan.
2.
Single-family dwelling as provided in "SF" district.
3.
Multi-family dwelling as provided in "MF" district.
4.
Hobbies or crafts, as an accessory use.
5.
Temporary building to be used for construction purposes only, and which shall be removed upon completion or abandonment of construction work or removed upon request of the administrative official. Permits shall be issued for such temporary buildings for a period of six months only, with a renewal clause for similar periods.
6.
Antennae and towers not exceeding the maximum height allowed in the district (see paragraph C.3 below), antennae attached to existing structures and not increasing the overall height of the existing structure by more than ten feet, and dish antennae not exceeding one meter in diameter. Except satellite and dish antennae, no antennae or support structure shall be located within the required front, side or rear yard setback. To protect traffic safety and community appearance, no satellite dish antennae or support structure shall be located within the required front [yard] or second front yard setback, unless the zoning board of adjustment finds that such an encroachment is necessary to prevent impairment of installation, maintenance or reception and that a traffic sight restriction is not created.
7.
Parks, playgrounds, community buildings, and other public recreational facilities, owned and/or operated by the municipality or other public agency.
8.
Public buildings, including libraries, museums, police and fire stations.
9.
Single-family dwellings.
10.
Schools, public, elementary or high school.
11.
Schools, private, with curriculum equivalent to that of a public elementary or high school.
12.
Water supply reservoirs, plumbing plants, towers.
13.
Accessory structures and uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct of any business or commercial enterprise.
b.
Conditional uses.
1.
Farms, truck gardens, orchards or nurseries for the growing of plants, shrubs and trees, provided no retail or wholesale business sales offices are maintained on the premises, and provided that no obnoxious fertilizer is stored upon the premises, and no obnoxious soil or fertilizer processing is conducted thereon.
2.
Uses customarily incident to any of the above uses when situated in the same dwelling and not involving the conduct of a business or industry, except home occupations as heretofore defined, such as the office of a physician, surgeon, dentist, or art gallery.
3.
Real estate sales office for property located within the subdivision in which it is located. Sales offices shall require payment of an annual permit fee, to be established by the city council. Use of a sales office shall cease within 30 days of the sale of the last parcel within the subdivision. Field offices for the sale or rental of real estate shall be removed upon request of the building inspector. Sales offices shall not be used for the sale of property outside of the subdivision in which it is located.
4.
Any typically permitted secondary or accessory uses allowed in the district in the absence of the principal use if after consideration of the layout, configuration and relationship to existing subdivisions and neighborhoods, the administrative official determines that replatting the principal and secondary lots into a single lot is not possible or desirable.
5.
Utility facilities.
6.
Antennae and towers exceeding the maximum height in the district and dish antennae exceeding one meter in diameter, in order to protect community appearance from the negative visual effects of proliferation of large antennae. Conditional use permits shall be acted upon within 90 days of receipt of application. Persons aggrieved by a decision on a satellite dish antenna application may appeal to the Federal Communications Commission. Any new towers must also comply with the conditions of section 90-16 M.
7
Churches.
c.
Special exception uses.
1.
Special exception uses authorized by the board of adjustment under the provision of section 90-19.
C.
Height and area regulations. In the "MH-2" Manufactured Home District 2, the following requirements shall apply:
1.
Floor space: Manufactured homes must have a minimum of 1,200 square feet of living area, exclusive of garage, porches and breezeways, and incidental storage areas. No horizontal dimension shall be less than 24 feet, except for original extensions or subsequent additions containing less than 50 percent of the total enclosed floor area.
2.
Each residential structure must be placed as indicated by a site plan approved by the planning and zoning commission.
3.
Height: No building hereafter erected, reconstructed, altered, or enlarged shall exceed three and one-half stories nor shall it exceed 60 feet.
4.
Front yard: There shall be a front yard for the entire approved site of not less than 25 feet, or the front yard indicated on a city-approved subdivision plat as filed in the Karnes County Plat Records, whichever is greater. Corner lots shall have a minimum side yard of 15 feet on the second front yard, the yard generally parallel to the street with the greatest frontage, unless reversed frontage is approved by the administrative official. If a building line shown on a city-approved subdivision plat as filed in the Karnes County Plat Records is greater than 15 feet, then the platted building line shall be required on the second front yard. Garage doors and gates meant for vehicle use shall be located no closer than 20 feet from the right-of-way.
5.
Rear yard: The entire site shall be a rear yard having a depth of not less than 25 feet.
6.
Side yard: Corner lots having a minimum side yard of ten feet on side yards adjacent to interior lots. Interior lots shall have minimum side yard dimensions of ten feet.
7.
There shall be a minimum separation of 20 feet in each direction between any two manufactured houses within the site.
8.
Width of lot: The width of a lot shall be a minimum of 60 feet at the building line, provided that where a lot of record and in separate ownership at the time of the passage of this chapter has less width than herein required, this chapter shall not prohibit the erection of a one-family dwelling.
9.
Lot area: The minimum area of a lot shall be 7,000 square feet, providing that where a lot has less than herein required and was of record and in separate ownership at the time of passage of this chapter, this chapter shall not prohibit the erection of a one-family dwelling.
10.
Maximum lot coverage: The maximum portion of the lot area, which may be covered by the main building and all accessory buildings, shall not exceed 40 percent.
D.
Required conditions.
1.
Manufactured homes shall be installed in accordance with the following criteria.
a.
Anchorage and foundation of the manufactured home shall be by a person licensed by the State of Texas in compliance with state law as outlined in the latest edition of Manufactured Housing Rules, Administrative Rules of the Texas Department of Housing and Community Affairs, 10 Texas Administrative Code, Chapter 80.
b.
Each manufactured home shall be totally skirted within 30 days with metal, masonry, pressure-treated wood, or other nondegradable fire-retardant material, which is compatible with the design, and exterior materials of the primary structure.
c.
Exterior siding material, excluding skirting, shall be nonmetallic.
d.
The structure shall be of adequate quality and safe design, as certified by a label stating that the unit is constructed in conformance with the federal manufactured home construction and safety standards in effect on the date of manufacture, or other such applicable standards as required by state or federal law.
e.
The manufactured home shall be in sound and safe structural condition. Any structure that shows signs of fire damage will not be acceptable. The building official and/or fire marshal make the determination of the foregoing.
f.
Electrical power shall be from a meter installation on the mobile home, or from a permanent meter pedestal.
g.
Driveways and off-street parking shall be provided in accordance with the requirements for single-family dwellings.
h.
Garage and carport additions are permitted provided they meet the minimum building setback requirements, and have roof and siding material compatible with the primary structure.
i.
Patio and porch covers are permitted provided they cover an improved patio, deck, or porch, and meet the minimum building setback requirements.
j.
Living area additions are permitted, provided they meet the minimum building setback requirements, have roof and siding material that is compatible with the primary structure, and comply with the same structural standards as the primary structure.
k.
All accessory structures and additions shall comply with all applicable city ordinances.
l.
An adequate supply of potable water shall be supplied to each manufactured home through piping conforming with the city's plumbing code as may be amended, and an outdoor hydrant shall be installed at each mobile home space, at least four inches above the ground.
m.
Each manufactured home shall be provided with a sewer riser pipe of minimum of four inches diameter.
n.
Gas piping systems shall be installed underground in accordance with the applicable codes and regulations as may be amended. Natural gas shall be used except that a liquefied petroleum gas system may be installed if the natural gas supply is not available to the lot.
E.
Application and process procedures.
Application: An application for a MH-2 development may be made to the planning and zoning commission. Application for approval of a MH-2 development shall be processed according to the procedure specified herein and a development site plan and related data shall be submitted for approval in accordance with the requirements outlined below.
1.
An application for a MH-2 development shall be accompanied by a site plan meeting the requirements set forth in this chapter.
2.
Upon receipt of an application, the administrative official shall prepare a written report analyzing the site plan and such report shall be given to the planning and zoning commission and applicant at least three working days prior to their next, regularly scheduled meeting.
F.
Required development site plan.
1.
An application for a MH-2 development shall be accompanied by a site plan, which shall provide as much detail as possible including, but not necessarily limited to:
a.
The location of each building;
b.
The distances between buildings, and between buildings and the property line, street line and/or alley line;
c.
The arrangement and provisions of off-street parking;
d.
Any areas reserved as parks, parkways, playgrounds, utility and garbage easements;
e.
All pedestrian walks, malls, and open area for use by tenants with the types of surfacing such as paving, or turfing to be used at all locations on the site;
f.
The points of ingress and egress from existing public streets.
2.
On an accurate survey of the boundary of the tract any existing and proposed finished grades with contour intervals of not less than two feet, or spot grades where the relief is limited.
3.
A designation of the maximum building coverage of the site shall be indicated upon the site plan.
4.
The development site plan shall show north arrows, true scale, name(s) and address(es) of owner, licensed engineer or architect preparing site plan and a land description by reference to name of subdivision and survey tract in which it is located.
5.
A screening and landscaping plan shall be required, where such treatment is essential to the proper arrangement of the development in relation to adjacent property. When required, such plan shall include screening walls, planting, wooded areas to be retained, and lawns if such are determined to be necessary by the planning and zoning commission.
6.
The location of fire hydrants.
7.
Any or all of the required features may be incorporated on a single drawing if such drawing is clear and may be evaluated by the administrative official.
"MH-2" Manufactured Home District 2.
A.
Purpose. This zoning classification is established to provide adequate space and restrictions for the placement of manufactured homes in the City of Kenedy, where adequate streets and other community facilities are available for present and future needs. The "MH-2" district is established to provide to allow medium manufactured housing use of the land and is intended to comprise larger tracts of land designed to provide total residential amenities of open space, recreation space and areas of protected off-street parking. This district is intended to be located near high volume thoroughfares due to the traffic generating probability of medium density dwelling units within this district. This district is designed to be compatible with existing and proposed neighborhoods and to promote the most desirable use of land and direction of building development, to promote stability of development, to protect the character of the district, to preserve the value of the land and buildings, and to protect the city's tax base.
B.
Use regulations. Individual lots platted prior to the date of this chapter and zoned "MH-2" may be used and occupied by mobile homes and manufactured homes, provided that no mobile home shall be hereafter placed or installed on any lot, tract or parcel of land within the city. In the "MH-2" Manufactured Home District 2, no building or land shall be used and no buildings shall be hereafter erected or placed, reconstructed, altered or enlarged, unless otherwise provided in this chapter, except for one or more of the following uses.
a.
Permitted uses.
1.
Multiple manufactured homes placed in accordance with an approved site plan.
2.
Single-family dwelling as provided in "SF" district.
3.
Multi-family dwelling as provided in "MF" district.
4.
Hobbies or crafts, as an accessory use.
5.
Temporary building to be used for construction purposes only, and which shall be removed upon completion or abandonment of construction work or removed upon request of the administrative official. Permits shall be issued for such temporary buildings for a period of six months only, with a renewal clause for similar periods.
6.
Antennae and towers not exceeding the maximum height allowed in the district (see paragraph C.3 below), antennae attached to existing structures and not increasing the overall height of the existing structure by more than ten feet, and dish antennae not exceeding one meter in diameter. Except satellite and dish antennae, no antennae or support structure shall be located within the required front, side or rear yard setback. To protect traffic safety and community appearance, no satellite dish antennae or support structure shall be located within the required front [yard] or second front yard setback, unless the zoning board of adjustment finds that such an encroachment is necessary to prevent impairment of installation, maintenance or reception and that a traffic sight restriction is not created.
7.
Parks, playgrounds, community buildings, and other public recreational facilities, owned and/or operated by the municipality or other public agency.
8.
Public buildings, including libraries, museums, police and fire stations.
9.
Single-family dwellings.
10.
Schools, public, elementary or high school.
11.
Schools, private, with curriculum equivalent to that of a public elementary or high school.
12.
Water supply reservoirs, plumbing plants, towers.
13.
Accessory structures and uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct of any business or commercial enterprise.
b.
Conditional uses.
1.
Farms, truck gardens, orchards or nurseries for the growing of plants, shrubs and trees, provided no retail or wholesale business sales offices are maintained on the premises, and provided that no obnoxious fertilizer is stored upon the premises, and no obnoxious soil or fertilizer processing is conducted thereon.
2.
Uses customarily incident to any of the above uses when situated in the same dwelling and not involving the conduct of a business or industry, except home occupations as heretofore defined, such as the office of a physician, surgeon, dentist, or art gallery.
3.
Real estate sales office for property located within the subdivision in which it is located. Sales offices shall require payment of an annual permit fee, to be established by the city council. Use of a sales office shall cease within 30 days of the sale of the last parcel within the subdivision. Field offices for the sale or rental of real estate shall be removed upon request of the building inspector. Sales offices shall not be used for the sale of property outside of the subdivision in which it is located.
4.
Any typically permitted secondary or accessory uses allowed in the district in the absence of the principal use if after consideration of the layout, configuration and relationship to existing subdivisions and neighborhoods, the administrative official determines that replatting the principal and secondary lots into a single lot is not possible or desirable.
5.
Utility facilities.
6.
Antennae and towers exceeding the maximum height in the district and dish antennae exceeding one meter in diameter, in order to protect community appearance from the negative visual effects of proliferation of large antennae. Conditional use permits shall be acted upon within 90 days of receipt of application. Persons aggrieved by a decision on a satellite dish antenna application may appeal to the Federal Communications Commission. Any new towers must also comply with the conditions of section 90-16 M.
7
Churches.
c.
Special exception uses.
1.
Special exception uses authorized by the board of adjustment under the provision of section 90-19.
C.
Height and area regulations. In the "MH-2" Manufactured Home District 2, the following requirements shall apply:
1.
Floor space: Manufactured homes must have a minimum of 1,200 square feet of living area, exclusive of garage, porches and breezeways, and incidental storage areas. No horizontal dimension shall be less than 24 feet, except for original extensions or subsequent additions containing less than 50 percent of the total enclosed floor area.
2.
Each residential structure must be placed as indicated by a site plan approved by the planning and zoning commission.
3.
Height: No building hereafter erected, reconstructed, altered, or enlarged shall exceed three and one-half stories nor shall it exceed 60 feet.
4.
Front yard: There shall be a front yard for the entire approved site of not less than 25 feet, or the front yard indicated on a city-approved subdivision plat as filed in the Karnes County Plat Records, whichever is greater. Corner lots shall have a minimum side yard of 15 feet on the second front yard, the yard generally parallel to the street with the greatest frontage, unless reversed frontage is approved by the administrative official. If a building line shown on a city-approved subdivision plat as filed in the Karnes County Plat Records is greater than 15 feet, then the platted building line shall be required on the second front yard. Garage doors and gates meant for vehicle use shall be located no closer than 20 feet from the right-of-way.
5.
Rear yard: The entire site shall be a rear yard having a depth of not less than 25 feet.
6.
Side yard: Corner lots having a minimum side yard of ten feet on side yards adjacent to interior lots. Interior lots shall have minimum side yard dimensions of ten feet.
7.
There shall be a minimum separation of 20 feet in each direction between any two manufactured houses within the site.
8.
Width of lot: The width of a lot shall be a minimum of 60 feet at the building line, provided that where a lot of record and in separate ownership at the time of the passage of this chapter has less width than herein required, this chapter shall not prohibit the erection of a one-family dwelling.
9.
Lot area: The minimum area of a lot shall be 7,000 square feet, providing that where a lot has less than herein required and was of record and in separate ownership at the time of passage of this chapter, this chapter shall not prohibit the erection of a one-family dwelling.
10.
Maximum lot coverage: The maximum portion of the lot area, which may be covered by the main building and all accessory buildings, shall not exceed 40 percent.
D.
Required conditions.
1.
Manufactured homes shall be installed in accordance with the following criteria.
a.
Anchorage and foundation of the manufactured home shall be by a person licensed by the State of Texas in compliance with state law as outlined in the latest edition of Manufactured Housing Rules, Administrative Rules of the Texas Department of Housing and Community Affairs, 10 Texas Administrative Code, Chapter 80.
b.
Each manufactured home shall be totally skirted within 30 days with metal, masonry, pressure-treated wood, or other nondegradable fire-retardant material, which is compatible with the design, and exterior materials of the primary structure.
c.
Exterior siding material, excluding skirting, shall be nonmetallic.
d.
The structure shall be of adequate quality and safe design, as certified by a label stating that the unit is constructed in conformance with the federal manufactured home construction and safety standards in effect on the date of manufacture, or other such applicable standards as required by state or federal law.
e.
The manufactured home shall be in sound and safe structural condition. Any structure that shows signs of fire damage will not be acceptable. The building official and/or fire marshal make the determination of the foregoing.
f.
Electrical power shall be from a meter installation on the mobile home, or from a permanent meter pedestal.
g.
Driveways and off-street parking shall be provided in accordance with the requirements for single-family dwellings.
h.
Garage and carport additions are permitted provided they meet the minimum building setback requirements, and have roof and siding material compatible with the primary structure.
i.
Patio and porch covers are permitted provided they cover an improved patio, deck, or porch, and meet the minimum building setback requirements.
j.
Living area additions are permitted, provided they meet the minimum building setback requirements, have roof and siding material that is compatible with the primary structure, and comply with the same structural standards as the primary structure.
k.
All accessory structures and additions shall comply with all applicable city ordinances.
l.
An adequate supply of potable water shall be supplied to each manufactured home through piping conforming with the city's plumbing code as may be amended, and an outdoor hydrant shall be installed at each mobile home space, at least four inches above the ground.
m.
Each manufactured home shall be provided with a sewer riser pipe of minimum of four inches diameter.
n.
Gas piping systems shall be installed underground in accordance with the applicable codes and regulations as may be amended. Natural gas shall be used except that a liquefied petroleum gas system may be installed if the natural gas supply is not available to the lot.
E.
Application and process procedures.
Application: An application for a MH-2 development may be made to the planning and zoning commission. Application for approval of a MH-2 development shall be processed according to the procedure specified herein and a development site plan and related data shall be submitted for approval in accordance with the requirements outlined below.
1.
An application for a MH-2 development shall be accompanied by a site plan meeting the requirements set forth in this chapter.
2.
Upon receipt of an application, the administrative official shall prepare a written report analyzing the site plan and such report shall be given to the planning and zoning commission and applicant at least three working days prior to their next, regularly scheduled meeting.
F.
Required development site plan.
1.
An application for a MH-2 development shall be accompanied by a site plan, which shall provide as much detail as possible including, but not necessarily limited to:
a.
The location of each building;
b.
The distances between buildings, and between buildings and the property line, street line and/or alley line;
c.
The arrangement and provisions of off-street parking;
d.
Any areas reserved as parks, parkways, playgrounds, utility and garbage easements;
e.
All pedestrian walks, malls, and open area for use by tenants with the types of surfacing such as paving, or turfing to be used at all locations on the site;
f.
The points of ingress and egress from existing public streets.
2.
On an accurate survey of the boundary of the tract any existing and proposed finished grades with contour intervals of not less than two feet, or spot grades where the relief is limited.
3.
A designation of the maximum building coverage of the site shall be indicated upon the site plan.
4.
The development site plan shall show north arrows, true scale, name(s) and address(es) of owner, licensed engineer or architect preparing site plan and a land description by reference to name of subdivision and survey tract in which it is located.
5.
A screening and landscaping plan shall be required, where such treatment is essential to the proper arrangement of the development in relation to adjacent property. When required, such plan shall include screening walls, planting, wooded areas to be retained, and lawns if such are determined to be necessary by the planning and zoning commission.
6.
The location of fire hydrants.
7.
Any or all of the required features may be incorporated on a single drawing if such drawing is clear and may be evaluated by the administrative official.