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Benbrook council adopts ordinance to map SD district for new HUD-code manufactured homes to comply with SB 785
Summary
The council unanimously adopted Ordinance 1520 to amend Title 17 and permit newly built HUD-code manufactured homes in the Suburban (SD) zoning district, a text change required by Texas Senate Bill 785; the planning commission had recommended the SD district as least disruptive.
City Planner Doug Howard presented the Planning & Zoning Commission recommendation and the ordinance language before the council, saying the city must identify at least one residential district where newly built HUD-code manufactured homes are permitted to comply with Senate Bill 785. "We have to permit new HUD code manufactured homes by right in at least 1 residential district within our city," Howard said, explaining that the state law also prohibits discriminatory permit practices or special fees for this housing type.
Howard described the city's review of zoning districts and said the A, B and BR single-family districts (about 60% of the city) were judged incompatible due to smaller lot sizes and the goal of preserving neighborhood character. He said the RE (Residential Estates) and SD (Suburban District) were more appropriate; the Planning & Zoning Commission voted April 9 to recommend adding the use in the SD district and forwarding the text amendment to council. Howard provided acreage estimates for SD parcels and noted the change would allow property owners the option to place newly built HUD-code homes but would not require them to do so.
Council opened and closed a public hearing with no speakers, then voted on a motion by Councilmember Miss Franklin to adopt Ordinance 1520 amending Title 17 to comply with SB 785. The mayor announced the motion carried unanimously. Howard told council the city must comply with the statute by September 1 and that the amendment is a text change (not a rezoning), meaning standard notice requirements for rezoning were not triggered in this action.
The ordinance adds the option for specifically new HUD-code manufactured homes in SD under existing development standards; Howard emphasized that even if allowed by right, developers must complete platting, engineering and building permit requirements before placement."
