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Home My WebLink About026932 ORD - 08/22/2006AN ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES" TO INCLUDE ARTICLE XII "INDUSTRIALIZED HOUSING" TO PROVIDE FOR REGULATION OF THE CONSTRUCTION AND INSTALLATION OF INDUSTRIALIZED HOUSING AND BUILDINGS WITHIN THE CITY; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 1202 of the Texas Occupations Code authorizes a municipality to regulate the on -site construction or installation of industrialized housing and buildings; WHEREAS, the City Council has determined that these regulations would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Article XII "Industrialized Housing," of Chapter 14 "Development Services" of the Code of Ordinances, is adopted to read as follows: Article XII. Industrialized Housing. Sec. 14.1200. Definition. (a) Industrialized housing is a residential structure that is: (1) designed for the occupancy of one or more families; (2) constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and (3) 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. (b) Industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems. (c) Industrialized housing does not include: (11 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; (2) housing constructed of a sectional or panelized system that does not use a modular component; or H:Le<.;Dirgws DCVSery Ordir:ances: Industriali7edHousina (3) 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. Sec. 14.1202. Regulation of construction or installation of Industrialized housing and buildings. (a) In relation to the on -site construction or installation of industrialized housing and buildings, the building official shall: (1) require and review, for compliance with mandatory building codes, a complete set of designs, plans, and specifications bearing the Texas Industrialized Building Code Council's stamp of approval for each installation of industrialized housing or buildings in the city; (2) require that all applicable local permits and licenses be obtained before construction begins on a building site; (3) require, in accordance with the Texas Commission of Licensing and Regulation rules, that all modules or modular components bear an approved decal or insignia indicating inspection by the Texas Department of Licensing and Regulation; and (4) establish procedures for the inspection of: (A) the erection and installation of industrialized housing or buildings to be located in the municipality, to ensure compliance with mandatory building codes and commission rules; and (B) all foundation and other on -site construction, to ensure compliance with approved designs, plans, and specifications. (b) Procedures described by Subsection (a)(4) shall require: (1) before occupancy, a final inspection or test in accordance with mandatory building codes; and (2) correction of any deficiency identified by the test or discovered in the final inspection. Section 14.1203. Regulation of single- family and duplex Industrialized housing. (a) Single- family or duplex industrialized housing must have all local permits and licenses that are applicable to other single- family or duplex dwellings. (b) For purposes of this section, single- family or duplex industrialized housing is real property. (c) Single- family or duplex industrialized housing shall: (1) have a value equal to or greater than the median taxable value for each single- family dwelling located within 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 for each county in which the properties are located; (2) have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single- family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located; H:LegDir%gws.DevServiOrdirances IndustriaiizedHousing (31 comply with municipal building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single- family dwellings; and (4) be securely fixed to a permanent foundation. (d) For purposes of Subsection (c), "value" means the taxable value of the industrialized housing and the lot after installation of the housing. (e) The provisions of this Article relating to the erection, installation, or use of industrialized housing or buildings must be reasonably and uniformly applied and enforced without distinctions as to whether the housing or buildings are manufactured or are constructed on -site. (f) The provisions of subsection Lc) (1) and (2) of the section shall not apply in modular or industrialized home subdivisions. SECTION 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 5. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance shall take effect upon and after its publication. EFFECTIVE ATE H:LegDmgws'DevSerwUrdinances IndustrializedHousing That the foregoing ordinance was read for the first time and passed to its second reading on this the 1 V day of July, 2006, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney k John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordir cewas read for the second time and passed finally on this the > lay of 'Xlt,) , 2006 by the following vote: 1 Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John Marez Jesse Noyola Mark Scott i :QE PASSED AND APPROVED. this the day of ATTEST: Armando Chapa City Secretary APPROVED: August 16, 2006. GOMA- ary at/V. Smith Assistant City Attorney for City Attorney H:Le2Dir. gws. DevServiOrdinances, lndustrializedHousing , 2006. H - my Garre Mayor 9 32 State (. Texas Cozen - Noe, PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5557936 PO Before nte, 'h nder signed a Notary Public, this day personally came Sandra Orurr, ti he bc1-~ g first d nl\ swc trn, according to law, says that she is Legal Sales Representative of ' hf. Corpus Christi Caller-T'mes, a daily newspaper publish d it rpus said ( itv and State, generally circulated in Arans,is Be e Dniva;, Jim Hogg, ,Iirn Wells, Karnes, Kenedy, Kleberg, Live (tak N- .zet,�.s Re ugio. Sar Patricio Victoria and Webb Counties, and that the p ..11 )lis i 1011 i1 NO`I'ICE OF PASSAGE OF ORDINANCE NO which the annexe' Es .ot,v, vas inserted in the Corpus Christi Caller -Times and on the W'irld Wed( Wel on t h ' !- 'fzller -Times Interactive on the 28TH day(s) of AUGL S'I12 2006 $116.> at€44-k-Li _.cgal Sales Representative TWO (2 I Time(s) , bscrih(d and sworn to me on the date of 7.) Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public M v- commission expires on March 19, 2008. H LLE .;;'ICF: t_; 3RERA Monday. August 28 2006 • t_ A L L E _ NOTICE OF PASSAGE OF ORDINANCE NO 026932 mso�,�ng Lnapter 4 ,elopme jer ,r,t es tc include A e X d_rstrialized' lousing' to provide for egJlation of the construction ar a nstai ation rndustrialized housing and buildings within tt e' tY providing penalty, providing severability clause ;providing a repealer 'lause. providing for tbtication. an,! 'ovdng for ar effective date. This c;rdinance was passed and approved by the City Council of the City of Corpus Christi on its second reading on August 22. 2006. 's/ Armando Chapa City Secretary %rty of Corpus Chris MEs