RE 10-12-82.1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. 101282.1
WHEREAS, it has been brought to the attention of the City Council that the
State Statute known as "Manufactured Housing Standard Act," Article 5221f Yernon's
Annotated Civil Statutes, establishes standards for the construction and installation of
manufactured housing within this State and that the Statute contains preemption
provisions with regard to the construction, safety and installation of manufactured
housing; and
WHEREAS, such act defines manufactured housing as meaning both mobile homes
and modula~ homes; and
WHEREAS, said act broadly defines the term modular home in such a way that
the term can include anything from slightly altered "mobile home" sections to elaborate
residential dwellings. That these will be different and thus should be classified
separately from other residential structures for the purpose of regulation; and
WHERE., the Supreme Court of this State has held that "mobile homes" may
be separately classified from other residential structures for the purpose of regulation
and that such classification is reasonable, as bearing on a substantial relation to the
preservation of public health, safety, morals and general welfare and that although a
municipality may not prohibit their location within the City, may require their placement
in certain areas to insure proper facilities are present and to preserve property values;
and
WHEREAS, because of the broad definition of the term "modular home" which
may include both structures favorably compared with site built homes and structures
which, by slight alteration, can be nothing more than mobile home type housing; and
WHEREAS, in order to properly establish zoning classifications which will be
applicable not only to house trailers and mobile homes, but to the many types of
modular homes, the City Council desires to declare a moratorium on the issuance of
certain building permits pending the consideration and adoption of such zoning
regulations. NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1.
That the Planning & Zoning Commission and the City Council of the City of
Coppell, Texas, immediately take under advisement and consider adopting zoning
regulations in regard to the proper zoning for house trailers, mobile homes and modular
homes to be located within the corporate limits of the City.
SECTION 2.
That a moratorium be declared on the issuance of building permits for a period
not to exceed four weeks for the location or installation of house trailers, mobile
homes or modular homes within the City, pending the consideration and possible adoption
of zoning regulations in regard to such uses.
SECTION 3.
That the building inspector of the City of Coppell, Texas be, and he is hereby
prohibited from issuing building permits for the location or installation of house trailers,
mobile homes and modular homes within the City for a period of four weeks from the
date of this resolution so as to provide adequate time for the Planning & Zoning
Commission and City Council to resolve the matter of proper zoning for such dwelling
structures.
SECTION 4.
This resolution shall not apply to house trailers or mobile homes which are to
be located or installed in an existing mobile home park.
SECTION 5.
Any person aggrieved by the refusal of the building inspector to issue such
building permit shall have all rights of appeal to the City's Board of Adjustment as
provided by law.
DULY PASSED by the City Council of the City of Coppell, Texas this the
day of ~)(~_~} , 1982.
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ATTEST:
CRETARY~
APPROVED AS TO FORM:
CITY ATTOt~