11-11-1993 Public Hearing and Regular Meeting ZBOA

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Page 4 of 6 Board of Adjustment Staff Report of 12-9-93 #A93-003 The Act also states "the construction of modular homes and modular components which from an engineering performance standpoint, shall be substantially equivalent tOu.the Standard Building Code, the Uniform Building Code and the National Electric Code...." The definitions contained in the City's Zoning Ordinance reflect and respect the standards established in the Manufactured Housing Act. H.U.D Code compliance is referenced in the manufactured housing definition. The modular building defInition references the "specifications of the Texas Manufactured Housing Act" ie, the requirements of the Standard Building Code. The Manufactured Housing Act, states that "the installation of H.U.D. Code manufactured homes shall be permitted as residential dwellings in those areas determined appropriate by the City...." The Act, however, requires that cities accept modular homes in all areas or zones in which single family homes are permitted. The Planning and Zoning Commission and City Council have determined the areas of the City deemed to be appropriate for manufactured housing. These areas have been designated as M.H. zones. This is in accordance with the requirements of state law. Modular homes are allowed in all of the City's Residential zones (including R-1 districts). This is based, however, not on a determination or distinction drawn by the City, but rather, on a mandate of state law. The City zoning regulations that deal with manufactured and modular homes were drafted to comply with state law. Since the City's regulations are in compliance with state law, they should not be considered to be unreasonable. The applicant also contends that modular homes are no longer manufactured. In researching this report, staff has found this not to be the case. When the legislature amended the Manufactured Housing Act in 1989, modular homes were included under the somewhat broader defInition of "Industrialized Building". Staff again checked with the Texas Department of licensing and Regulation regarding this issue. According to MrJames Henley, an enforcement officer in the Manufactured Housing Division, modular homes are still available. There are several companies located both within and outside the state that are certifIed to manufacture modular homes. Mr. Henley did say that the modular home concept has evolved somewhat. The modular homes currently being manufactured, when set up on a homesite, tend to resemble conventionally built homes rather than the manufactured homes. Based on the continued availability of modular homes and the clear distinction between modular and manufactured homes, the City's Zoning Ordinance regulations should not be considered unreasonable.