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HomeMy WebLinkAboutOrdinance No. 2004-10 ORDINANCE NO. 2004-10 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY ADDING TO CHAPTER 50 THEREOF A NEW ARTICLE III; ADOPTING REGULATIONS GOVERNING THE CONSTRUCTION AND USE OF INDUSTRIALIZED HOUSING AND BUILDINGS WITHIN THE CITY; REQUIRING INDUSTRIALIZED HOUSING TO HAVE VALUES EQUAL TO OR GREATER THAN THE MEDIAN TAXABLE VALUES OF SINGLE- FAMILY DWELLINGS LOCATED WITHIN FIVE HUNDRED FEET (500') OF THE LOTS UPON WHICH INDUSTRIALIZED HOUSING IS PROPOSED TO BE LOCATED; REQUIRING THAT EXTERIOR SIDING, ROOFING, ROOF PITCH, FOUNDATION FASCIA, AND FENESTRATION OF INDUSTRIALIZED HOUSING BE COMPATIBLE WITH SINGLE-FAMILY DWELLINGS LOCATED WITHIN FIVE HUNDRED FEET (500') OF THE LOTS UPON WHICH THE INDUSTRIALIZED HOUSING IS LOCATED; REQUIRING COMPLIANCE WITH MUNICIPAL STANDARDS, BUILDING SETBACKS, SUBDIVISION CONTROLS, LANDSCAPING, SQUARE FOOTAGE, AND OTHER SITE REQUIREMENTS; REQUIRING THAT INDUSTRIALIZED HOUSING BE SECURELY FIXED TO A PERMANENT FOUNDATION; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $500 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. * * * * * WHEREAS, the 78th Regular Texas Legislature adopted Senate Bill 1326 relating to the municipal regulation of industrialized housing and buildings; and WHEREAS, the City Council of the City of Friendswood, Texas, desires to regulate industrialized housing and buildings (IHB)to the extent permitted by state law; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1: The Code of Ordinances of the City of Friendswood, Texas, is hereby amended by adding to Chapter 50 thereof a new Article III to provide as follows: "Article III. Industrialized Housing and Commercial Buildings Sec. 50-161. Local Regulation. (a) No Industrialized housing and/or commercial building shall be erected or used unless all applicable City permits and licenses has been obtained. 1 • � � (b) For purposes of this Article, industrialized housing and buildings shall be deemed as real property. (c) All industrialized housing and buildings shall: (1) comply with all applicable City standards, including, but not limited to, building setbacks, side and rear yard offsets, subdivision controls, landscaping requirements, square footage, and other site requirements applicable to single-family dwellings and commercial developments; and (2) be securely fixed to a permanent foundation. a. "Permanent foundation" shall mean: a foundation system with the following characteristics: i. The foundation system is capable of transmitting all design loads imposed by or upon the foundation and the attached building into soil or bedrock without failure. ii The bottoms of the foundation supports extend below the depth of frost penetration, but not less than 12 inches below finish grade. iii. The components of the foundation system are designed to remain at the site. iv. The structure is attached without the towing hitch, axles, brakes, wheels and other parts of the chassis that only operate during transportation. (d) In addition to the above, single-family residential industrialized housing shall: (1) have a value equal to or greater than the median taxable value for each single-family dwelling located within five hundred feet (500') of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for the County; and (2) have exterior siding, roofing, roof pitch, foundation fascia and fenestration compatible with the single-family dwellings located within five hundred feet (500') of the lot on which the industrialized housing is proposed to be located; (e) For purposes of subsection (d) above, "value" shall mean the cost of the home or building plus the unimproved land value. 2 1 y^ �h • � (fl It shall be unlawful for any person to construct, erect, install, or move any �f s industrialized housing or building into the City without having first obtained all required � hereunder or pursuant to any other ordinance of the City applicable thereto. In addition to any other information required for said permits, the application shall: (1) identify each single-family dwelling located within five hundred feet (500') of the lot on which the industrialized housing is to be located, and show the taxable value for each such dwelling as determined by the most recent certified tax appraisal roll for the county in which the property is located; (2) describe the exterior siding, roofing, roof pitch, foundation fascia, and fenestration for each single-family dwelling located with five hundred feet (500') of the lot on which the industrialized housing is to be located; (3) describe the permanent foundation and method of attachment proposed for the industrialized housing; (4) demonstrate compliance with Sec. 50-161, (d.) (1); and (5) provide deed restrictions applicable to the real property on which the industrialized housing is to be located. (6) Industrialized commercial buildings shall be exempt from the requirements of paragraphs (1), (2) and (4) above . Sec. 50-62. State Regulation. (a) All industrialized, modular housing or industrialized commercial structures shall comply with applicable state and federal standards, and to such end each applicant for an Industrialized Housing or Building Permit shall: 1. Provide a complete set of design plans and specifications bearing the stamp of the Texas Industrialized Building Code Council for each installation within the corporate limits; 2. Have displayed on all modules or modular components an approved Texas decal or insignia; and 3. Obtain final inspections and occupancy tests and approvals as required to establish compliance with mandatory state codes. 3 Section 2. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction shall be fined an amount not to exceed $500.00. Each day of violation shall constitute a separate offense. Section 3. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED,APPROVED on first reading this lztn day of Julv ,2004. PASSED,APPROVED AND ADOPTED on second and final reading this 2nd day of Auaust ,2004. f �C � . im Brizendine, Mayor AT S� : r � 0 D loris McKenzie, City ecret ry MOTION: Councilmember Jerry Ericsson 2ND: Councilmember David Smith APPROVED: Unanimously ord.2004-10 4