HomeMy WebLinkAboutOrdinance No. 19771ORDINANCE NO. 19111
AN ORDINANCE CONCERNING MANUFACTURED DWELLINGS; AMENDING
SECTIONS 2.1060, 2.1086, 9.015, 9.268. 9.384, 9.386,
9.802, 9.804, 9.805, 9.808, 9.810, AND 9.820 OF THE
EUGENE CODE, 1911; ADDING ANEW SECTION 9.817 TO THAT
CODE; AND REPEALING SECTIONS 9,812, 9.814, 9.816, AND
9.818 OF THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The definitions of "Affected tenant," "Alternative housing,"
"Conversion mobile home park}," "Disabled person," "Mobile hams," "Mobile
home park," "Mobile home park owner or Park owner," "Moving expenses," "fer-
mi t, " "Rental agreement, " and "Tenant ~mvbi l e home park} " set forth i n Sec-
tion 2.1060 of the Eugene Code, 1971, and the caption .immediately preceding
Section 2.1060 are amended to provide: -
Condominium and Manufactured Dwe1lin Park Conversion
2.1060 Condominium and Manufactured Dwel l i n Park Conyers i vn - Definitions .
In sections 2.1060 to 2.1086 of this code, the following words and
phrases mean:
Affected tenant. Any tenant who resides i n a bui 1 di ng to be
converted at the time of notice of planned conversion, or who i s a
tenant of a manufactured dwell ing park at the time of notice of
park closure .
A tenaat ~ v~e __,__
., .,',,,,,, housing. Manufactured dwell i ng or other housing
which is-reasonably similar to the manufactured dwelling occupied
or owned by the special category tenant or a manufactured dwell-
i ng space which i s reasonably s i mi 1 ar tv the space then occupied
by the special category tenant i n terms of 1 ocati on, price, prox-
unity to services, general amenities, and any other factors iden-
tified in administrative rules issued hereunder. Housing or a
manufactured dwelling space is not reasonably similar if it is
1 acated i n a manufactured dwel 1 i ng park for which a noti ce of park
closure has been given or for which reasonable evidence exists
that the owner of the manufactured dwelling park is contemplating
conversion to other uses.
Conversion manufactured dwell i n ark . The termination of
a rental agreement for a manufactured dwelling and/or manufactured
dwell i ng space by the manufactured dwelling park owner for the
purpose of ending manufactured dwell ing residential uses of the
park and either beginning different 1 and uses or selling the prop-
Ordinance - 1
erty, which conversion i s not required by the exercise of eminent
damai n or by order of state or 1 oval agencies; or, the obtaining
of a bui ldi ng permit for a structure 1 ocated an a si to previously
used as a manufactured dwelling park within the past two years.
Disabled person. A person who has, at the time of issuance
of a condami n i um conversion permit or manufactured dwel 1 i ng park
conversion permit, a mental, emotional or physical disability or
illness of more than a temporary duration that:
~a} Substantially impairs his/her ability to move about
to find or maintain a hvus i ng unit without the use of external
aids ~e.g., wheelchair, cane, walker, guide dog} or without
another person's assistance, or without pain; ar
~ b} Involves the 1 oss of sight or hearing obi 1 i ty, pre-
vents normal wa] ki ng ar climbing of stairs, or requires a spe-
cial life support system; or
~c} Affects his/her ability to make decisions or manage
his/her own financial affairs without assistance.
A disability must prevent or make it difficult for the person to
carry out regular activities of daily living ~e.g., housework, shop-
ping, laundry, meal preparation, personal care such as bathing and
dressing}. Evidence that would determine the status of disability
would include a doctor's certificate, a statement from a health
care specialist attesting tv the above criteria, a governmental
determination of disability, or a worker's compensation determina-
te on of greater than 50 percent di Sabi 1 i ty.
Manufactured dwelling. As that term is defined by section
9.815 of this code.
Manufactured dwel l~,i.,n~ park. As that term i s defined i n sec-
tion 9.015 of this~~code.~
Manufactured dwellin ark owner or Park owner. The owner,
lessor, sub-lessor or manager of a manufactured dwelling park.
Moving ex enses. A sum of money representing the actual costs
for moving the tenant's possessions for, where applicable, a
tenant's or owner's manufactured dwel 1 i ng} to another 1 acati on
within the city ~ f or condominium tenants } or within the urban
growth boundary for manufactured dwelling tenants}, exclusive of
expenses attributable to packing and unpacking, Far elderly or
disabled tenants the reimbursement shall include packing and un-
packi ng expenses. In the case of manufactured dwel 1 i ng moving
expenses, eligible expenses also include removal and rei nsta1 l a-
tion of skirting, disconnecting utilities, disconnecting and remov-
e ng awnings and decks from the manufactured dwel 1 i ng, trip perrni t
and public i nspecti vn fees, transportation costs, set up charges,
ut~l~ty connection expenses and fees, unit improvements to meet
destination park standards, unit improvements to meet state struc-
tural speciality codes, and temporary housing and meals for the
tenant and permanent occupants during unit relocation and set up.
The maximum amount of moving expenses shall be set by admi ni stra-
ti ve rules issued hereunder.
Permit. A condomi ni um conversion permit or manufactured
dwel 1 i ng park cl asure permit issued by the city manager under sec-
tion 2.lOfifi ar 2.1086 of this code.
Rental a regiment. All written or oral agreements, and valid
Ordinance - 2
rules and regulations adopted under ORS 90.330 as amended on or
before January 1,1991, embodying the terms and conditions concern-
i ng the use and occupancy of a manufactured dwell i ng or manuf ac-
tured dwelling space,
Tenant manufactured dwellin ~ ark . A person entitled under
a rental agreement to occupy, to the exclusion of others, a manu-
f actured dwelling or manufactured dwelling space i n a manufactured
dwell i ng park.
Section ~. Section 2.1086 of the Eugene Code, 1911, is amended to pro-
vide:
2.1086 Manufactured Dwellin Park Closures.
~ 1 } Intent, It i s the intent of these provisions to mitigate the
adverse effects of displacement on tenants in manufactured dwelling parks
that will convert to a different use.
42} Scope of Regulations. Section 2.1086 of this code shall be
applicable to the conversion of a manufactured dwelling park to a different
use or uses if the park is:
4a} Located in an area designated for non-residential use4s}
in the Metropolitan Area General P1 an or applicable neighborhood
refinement plans; or
4b} Zoned primarily for non-residential uses; or
4c} Located i n whole or i n part i n the 100 year f1 ood pl ai n
as shown on the Federal Insurance Administration Flood Insurance
Rate Map.
43} Limitations. Notwithstanding any other provision of law, no
person may convert, nor shall the city permit the conversion of, any manu-
factured dwelling park to a different use unless a manufactured dwelling
park closure permit has been obtained and a fee paid in the amount set by
the city manager under section 2.020 of this code.
44} C1 osure Permit. The procedures and requirements of sections
2.106641}, 2.106642}, 2.106643}, 2.106644}, 2.106646}, 2.101446}, and 2.1016
41} of this code as they apply to condominium conversion permits shall apply
to the application, staff review, approval, appeal, reapplication, revocation
and dispute resolution for a manufactured dwelling park closure permit. The
city manager shall issue a manufactured dwelling park closure permit if the
manager finds that the park owner has completed or is contractually obligated
to the city to complete the obligations imposed by this section of the code.
It shall be grounds for denia] of a permit that the park owner has evicted
more than one speci a1 category tenant fora reason not specified i n ORS
90.630 as amended on or before January 1, 1991 during the year preceding the
notice of park closure. No permit shall be transferred or sold unless such
transfer or sale is first approved by the city manager.
45} Notice of Park Closure.
4a} The park owner shall provide a notice of park closure
to affected tenants of the manufactured dwelling park prior to any
conversion of the manufactured dwelling park. The notice shall be
given at the times specified i n ORS 90.630 4 as amended on or before
January 1, 1991 } . The notice shall contain the date of park c1 v-
Ordinance - 3
sure, date of termination of tenancy, information on tenant rights
and benefits and park owner duties under state and 1 ocal law, and
any other information required by state 1 aw or administrative
rules issued hereunder.
fib} After the notice of park closure has been given to affect-
ed tenants, all prospective tenants of the manufactured dwelling
park sha]1 be given written notice prier to entering into a rental
agreement. The notice shall disclose the estimated date of park
c1 osure and unavai 1 obi 1 i ty of benefits under this code.
~fi} Proyi si an~of Housing , informati On. After notice of park closure
to an affected tenant, a park owner shall create, maintain, and make available
to all tenants a current survey showing the total number of manufactured
dwelling spaces, the number of vacant manufactured dwelling spaces, rent
schedules, and available manufactured dwellings for sale in manufactured
dwelling parks located within the urban growth boundary shown on the Metro-
politan Area General Plan. The park owner shall update this information at
least every four months, ar at such intervals provided for in administrative
rules issued hereunder. The survey contents shall be subject to administra-
tive rules issued hereunder.
~1} Relocation Costs. After the notice of park closure, a park
owner shal 1 pay al 1 of the eligible moving expenses of qualified affected
tenants, To qualify, an affected tenant must reside in a household whose
income at the time of nat i ce of park closure i s at or below the annual median
income for a household of that size in Lane County as determined by the
Department of HOUS i ng and Urban Development yr its successor ~medi an i name } .
Eligible moving expenses shall be all or part of the affected tenant's actual
moving expenses or a maximum cost set by administrative rule, whichever is
less. The percentage of a tenant's actual moving expense that is an eligible
moving expense i s: 100°°/0, i f the tenant's househo1 d income i s at or below 501
of the median income; 509'x, i f the tenant's househo1 d income i s at or below 151
and abOVe 509'0 of the median income; and, 250, i f the tenant's household i n-
come i s at ar be1 ow 100 and above 150 of the median i ncame,
~8} Benefits to_Special Category Tenants. The park owner shall
-_
hire a person or entity as a housing counselor for affected tenants who are
also special category tenants . The housing counselor shal 1 perform the
following services for special category tenants on behalf of the park owner:
~a} Determine special category tenant el igi bi 1 i ty by con-
ducting tenant surveys, keeping records, and preparing reports as
the city requires.
fib} Explain benefits to special category tenants.
~c} Act as a housing referral resource by providing special
category tenants with a list of alternative manufactured dwelling
parks and other available housing.
~d} Provide assistance i n 1 ocati ng and securing a1 ternati ve
housing based on special category tenant needs,
fie} Seek alternative housing to meet special category tenant
needs by maintaining an i nventvey of potential spaces i n parks and
vacancies in alternative housing, possibly including on-site visits
to determine those most suitable.
~f} Assist special category tenants in viewing spaces in
parks or alternative hauling.
fig} Assist special category tenants in understanding rental
agreements.
Drdinance - 4
~h} Assist speci a~ category tenants to arrange for moving,
After notice of park closure i s given, no special category tenant shall be
evicted for a reason not specified in DRS 90.fi3o, as amended on or before
January 1, 1991, from the manufactured dwelling park or required to pay more
rent than the rent charged for a comparabl a manufactured dwelling or space
in the manufactured dwelling park.
~9} Enforcement. The,city shall have the general enforcement
powers w~ th respect to the s section of the code as i s provided by section
2.10182} with respect to condominium conversion, Any person who converts
a manufactured dwelling park wi thout a permi t shal 1 be gui 1 ty of a vi o1 ati on,
Any person who wi 1 fu1 ly makes an untrue or misleading statement of material
fact or wilfully omits to provide required data on any document prepared
pursuant to the s sects on of the code shall be gui 1 ty of a vi al ati on. The
penalty for any such violation shall be as provided in section 2.19905} of
this code,
X10} Rulemakin Authorit . The city manager is authorized to
promulgate any rules necessary for the implementation of this section of the
code. These rules shall be adapted i n the manner provided for i n section
2.019 of this code.
Section 3. Section 9.015 of the Eugene Code, 1911, is amended by
amending the definitions of "Building," "Manufactured home," "Mobile home,"
"Mobile home accessory building or structure," "Mobile home park," and
"Wrecking yard, orator vehicles and bui ]ding materials" set forth therein,
repealing the definitions of "Mobi 1 e home park or mabi l e home subdivision,
existing, " "Mobi 1 e home park ar mabi l e home subdivision, expansion to exi st-
ing," "Mobile home park or mobile home subdivision, new," set forth therein,
and adding definitions for "Manufactured dwelling" and "Residential trailer"
in alphabetical order therein, to provide:
9.015 Definitions. As used in this chapter, unless the context requires
otherwise, the following words and phrases mean:
Bu..~~
~a} Exceptwas provided in subparagraph ~b}, a structure
built and maintained for the support, shelter or enclosure of
persons, motor vehicles, animals, or personal or real property.
~b~ As used in sections 9.fi02 to 9,fio1, the terms build-
i ng and structure shall be synonymous, and shall mean that
which i s framed, erected, constructed or placed to stand tem-
porari 1 y or permanently on a tract of 1 and. This definition
shat] specifically include a manufactured home has that term
i s used i n sections 9. fi02 to 9. fio]} and accessories thereto,
and gas or liquid storage tanks principally above ground.
Ordinance - 5
Driveways or walks not more than six inches higher than the
ground on which they rest shal 1 not be considered bui 1 di ngs ,
Manufactured dwell in , A structure constructed for movement
on the public highways that has sleeping, cooking, and plumbing
f acs l a t~ es, that ~ s ~ ntended for human occupancy and that i s being
used for residential purposes, A building ar structure subject to
the structural code or one and two family dwelling code adopted
pursuant to chapter 8 of this code or a uni t identified as a recrea-
tional vehicle by the manufacturer is not a manufactured dwelling.
Manufactured home.
~a} Except as provided in subparagraph ~b}, a manu-
factured dwelling that was constructed after June 1fi, 197fi,
in accordance with federal manufactured housing construction
and safety standards in effect at the time of construction.
fib} As used in sections 9.60 to .9.607, a manufactured
home i s a structure, transportable i n one or more sections,
which is built on a permanent chassis and is designed for use
with or without a permanent foundation when connected to the
required utilities. For floodplain management purposes the
term "manufactured home" also includes park trai 1 ers, travel
trailers, and other similar vehicles placed an a site for
greater than 180 consecutive days, For insurance purposes
the term "manufactured home" does not include park trai 1 ers,
travel trailers, and other similar vehicles.
Mobi 1 e home, A manufactured dwelling that was constructed
between January 1, 1962, and June 15, 1916, and met the construc-
ti on requirements of Oregon mobi 1 e home 1 aw i n effect at the time
of construction,
Manufactured dwell in accessor buildin or structure.
1. Any awning, portable, demountable or permanent
cabana, ramada, carport, porch, skirting or steps established
for use of the occupant of the manufactured dwelling and
which is designed or intended to be attached to and which
depend, in whole or in part, upon the manufactured dwelling
for structural support.
2. Prefabricated and site-built manufactured dwell i ng
accessory bui 1 di ngs and structures not dependent i n who1 a yr
i n part upon the manufactured dwelling for structural support .
Manufactured dwell ,,,n,,,g,_park, Any place where four or more
manufactured dwe~i~l~yi ngs are 1 ocated within 500 feet of one another
on a 1 ot, tract or parcel of land under the same ownersh i p, ~ the
primary purpose of which is to rent space ar keep space for rent
to any person for a charge or fee paid ar to be paid far the
rental or use of facilities or to offer space free in connection
with securing the trade or patronage of such person;
Residential trailer. A manufactured dwelling that was con-
structed before January 1, 1962.
Wrecki n and motor vehicles and bui 1 di n materials . A pre-
mise used for the storage, dismantling or sale of either used motor
vehicles, manufactured dwel 1 i ngs, recreational vehicles, machinery
and/or bui 1 di ng materials, or parts thereof .
Ordinance - 6
Section 4. Subsection ~b}4, of Section 9.268 of the Eugene Code, 1911,
is hereby repealed.
Section 5. The provisions for "Mobile homes outside mobile home parks
and mobi ] e hame subdivisions, " "Mobi 1 e home parks," and "Mobi 1 e home subdi -
visions" set forth in the matrix in Section 9.354 of the Eugene Code, 1911,
are amended and inserted in a1 phabeti cal order therein, to provide;
9.384 Uses . The following reflects the uses permitted outright, cond i -
t~onally, or subject to standards or other requirements of this
code within the RA, R-1, R-2, R-3, and R-4 zoning districts:
P .............. Permitted outright.
C .............. Conditional use permit approval required.
P/C .......... , . Permitted or condi ti anal See related standard.
Std ............ In addition to other applicable regulations, section
9.38fi includes special standards for the use listed.
RA R1 R2 R3 R4
Manufactured homes Std 16} ............. P P
Manufactured Dwelling Parks Std 23} .... P P
Manufactured Home Subdivisions Std 24}.. P P
Section fi. Subsections ~lfi}, X23}, and X24} of Section 9.386 of the
Eugene Code, 1911, are amended to provide
9.386 Speci_ai_ Standards Far Certain Uses In Residential Districts.
~ lfi} Manufactured Home:
~a} Must meet the following standards:
1. Minimum size: Mu1tisectional, 24x40 feet, 960 square
feet of f 1 oor area .
2 . Roof itch : Three feet i n height for each 12 feet
in width.
3. Roof materials: Composition shingle, wood shake or
other non-reflective materials allowed by the state building
code.
4. Rai_n~utters and eaves,: Rain gutters and six inch
eaves inharmony w~~th raaf~~-and siding,
5. Exterior,~,siding: Non-reflective, textured ar wood
stained . ~~ ~~~~~~
6, Garage„or ca,r,„port: A garage or carport with siding
and design that matches the hame.
1. Thermal envel,,ope: Certified by the manufacturer to
have exteri or ~ t~hermal~~~~~~~ envel ope meeting performance standards
Ordinance - 1
which reduce heat loss to levels equivalent to the perf~rm-
ance standards required of single-family dwellings c~nstruct-
ed under the State Bui 1 di ng Code.
8. Foundation: The hame shall be placed on an excavated
and back-filled foundati an and encl ased at the perimeter such
that the home is located nOt more than 12 inches above grade.
The home and accessory building faundati ons and structures
must be of sufficient strength to support the required live-
loads and actual dead-loads imposed by the home and any
attached or supported structure based on accepted engineering
standards.
~ b} The manufactured hame must possess an insignia shawl ng
that it was manufactured according to the National Manufactured
Housing Construction and Safety Standards Code.
~c} The siting of the manufactured home shall comply with
all applicable provisions of sections 9.802 to 9.820 of this code.
~ 23 } Manufactured Dwel 1 i ng Parks :
~a} Must meet the following standards:
1. Minimum area: Three acres.
2. Maximum density: Ten spaces per acre,
3. Perimeter treatment. Except as required far vi s i an
clearance, the outer perimeter of each park shall be improved
with
a. Asite-obscuring fence or wall not less than
five nor more than six feet i n height; and
b. Maintained evergreen landscaping that is at
least ten feet in depth, will mature within three years,
and wi 11 reach at 1 east five feet i n height at maturity.
4, Occupied area surface treatment. Unless in canfl ict
with state 1 aws and regulations, al 1 areas covered by manu-
factured dwel 1 i ngs and accessary bui 1 di ngs shall be paved
with asphalt or concrete, or covered with permanently con-
tained crushed rock.
5. Accessory bui 1 di ngs and structures setbacks . Car-
ports, storage buildings, awning~s~~~~~and~ patio covers and their
supportive structures, porches, accessory buildings, and
structures aver 30 inches in height shall be located at least
six feet from the abutting lots' manufactured dwellings,
accessory buildings, and structures.
6. Manufactured dwel 1 i n and accessor bui 1 di n su ort
and ti e~-down. Manufactured dwelling and accessory bui 1 di ng
foundations shall be of sufficient strength to support the
required live-loads and actual dead-loads imposed by the manu-
factured dwelling and any attached or supported structure
based on accepted engineering design standards. Foundations,
ti e-downs, or other supports shal 1 be provided to withstand
the specified horizontal , up-1 i ft, and overturning wind forces
on the dwell i ng and any attached or supported structures
based on accepted engineering design standards .
7. Recreational vehicle use. Conform to the require-
ments of Section 9.808 of this code,
8, Solar access. Conform to the requirements of sec-
tion 9.S~o of this code.
ordinance - 8
fib} Site plan approval i s required far manufactured dwelling
parks accord ~ ng to the provisions of chapter 9 of this code.
X24} Manufactured Home Subdivisions:
~a} Manufactured home subdivisions are subject to the provi-
sions of the land Division Ordinance contained in chapter 9 of
this code to the same degree and in the same manner as conventional
residential subdivisions.
fib} Manufactured homes located in manufactured home subdivi-
sions must meet all manufactured home standards listed in this sec-
tion under Standard lfi, Manufactured Homes.
Section 1. The caption preceding Section 9.802 of the Eugene Code,
1911, and Section 9.802 are amended to provide :
Manufactured Dwel l i n s
9.802 Manufactured Dwell in s - Descri tivn and Pur ose. The regulations
contained in sections 9.802 to 9.820 are intended to supplement
the regulations for manufactured dwellings contained in section 9.384, to
specify conditions under which manufactured dwellings may be allowed in com-
merci a1 and industrial zoning districts and to provide standards and proce-
dures for issuance of a temporary manufactured dwelling hardship permit.
Section 8. Section 9.804 of the Eugene Code, 1911, is amended to pro-
vide;
9.804 Manufactured Dwe11 i n s- A l i cabi l i t. 1t i s the policy of the
city to,conform its regulations to federal and state laws and regu-
l ate ons, and sects ons 9.802 to 9.820 supplement federal and state statutes,
rules and regulations governing manufactured dwellings. City regulations
that are more restrictive than similar federal or state statutes, rules, or
regulations governing the manufacture, p1 acement or instal 1 ati on of manufac-
tured dwel 1 i ngs or their accessory bui 1 di ngs and structures shal 1 supersede
or replace the federal or state provisions.
Section 9. Section 9.806 of the Eugene Code, 1911, is amended to pro-
vide:
9.806 Manufactured Dwell in s - Permitted locations. In addition to the
permitted 1 ocati ons of manufactured dwel 1 i ngs as provided i n sec-
tion 9.384 of this code, manufactured dwellings shall be permitted only:
~a} As temporary general offices in commercial or industrial
districts far a period of not more than 18 consecutive months,
Ordinance - 9
provided
1. The city finds that such use wi 11 be reasonably com-
pat i bl a with and have minimal impact on uses on abutting prop -
erty and i n the surrounding neighborhood and grants approval
based thereonf and,
2. ~lithin six months from the date approval is
granted an application for a building permit for a permanent
structure on the premises i s filed with the city, Fai 1 ure
to submit the application within the specified time will ter-
minate the approval.
~ b} As permanent 1 i v i ng quarters for a n i ghtwatchman or
caretaker ~ n commerce al or industrial districts upon a f i ndi ng by
the city that such use will be reasonably compatible with and have
minimal impact , on uses on abutting property and i n the surrounding
neighborhood, ~s required for property security, and upon issuance
of a permi t therefor.
~c} For temporary construction office use on the premises
of new constructs on unto 1 the construction i s completed.
~d} On the same 1 of as an existing dwel 1 i ng or manufactured
dwelling upon approval by the city of a temporary manufactured
dwelling hardship permit pursuant to sections 9.811 to 9.820 of
this code.
Section l0. Section 9.808 of the Eugene Code, 1971, is amended to pro-
vide:
9,808 Manufactured Dwellin Parks -Recreational Vehicle Use.
~1} .Recreational vehicles may be used as living quarters in manu-
factured dwelling parks in the following situations:
~ a} with conditional use permit approval for specified spaces
~ n a manufactured dwel 1 ~ ng park provided occupancy does not exceed
14 consecutive nights.
fib} Yn a manufactured dwelling park which i s located i n an
area designated for non-residential uses in the Metropolitan Area
General Plan or applicable neighborhood refinement plan or special
area study or are+zoned principally for non-residential use, pro-
v ~ ded the recreate anal veh ~ c] es so occupied
1. Are of at least 220 square feet of floor area,
2. Bear a state recreational vehicle insignia,
3. Are not designed to be self-propelled,
4. Are connected to compatible uti 1 i ty foci 1 i ti es, and,
5. Are located in spaces adequately separated from
other spaces to reduce the risk of fire spreading from one
unit to another, as well as to provide for 1 fight, air, and
circulation between units .
The definition of "recreational vehicle" in section 9.015 does not
apply to this subsection.
~2} Nothing contained herein shall prevent the parking of an
unoccupied recreational vehicle not in daily use on the owner's property,
Ordinance - l0
except, the vehicle may not be parked in the required front yard setback for
mare than 48 hours.
Section 11. Section 9,810 of the Eugene Code, 1971, is amended to pro-
vide:
9.810 Manufactured Dwel l i n Parks -Solar Access .
~ 1 } Solar desi n standards. Manufactured dwe1 l i ng parks must be
constructed to provide solar access to at least 80 percent of the area of
each south-facing manufactured dwell ing wall for at least 80 percent of the
manufactured dwell ings in the park at noon on December 21st.
~ 2 } Density guarantee , 1 f the app1 i cat i on of the Solar Design
Standards prevents placementY~~ of the maximum number of manufactured dwell ing
lots allowed in this chapter, compliance with such standards shall be
excused to the extent necessary to allow placement of the maximum number of
manufactured dwellings.
~3} Exem tions from the desi n standard. A manufactured dwelling
space shall not be identified as a solar manufactured dwelling space but
shall be included in the portion of spaces used to satisfy the solar design
standard when any of the conditions listed bel aw exist:
~a} S1 open. The manufactured dwel 1 i ng space i s s1 oped 20
percent or more in a direction greater than 45 degrees east or
west of true south.
fib} Off-site shade. The manufactured dwell ing space for
which the exemption is sought is within the shadow pattern of off-
site features, such as but not limited to buildings, topography,
or non-exempt vegetation, which wi 11 remain after development
occurs an the site from which the shade is originating.
1. Shade from existing or approved off -site bui 1 d i ng s
or structures and from topographic features is assumed to
remain after development of the site.
2. Shade from vacant developable areas off-site is
assumed to be the shadow pattern that would result from the
largest bui 1 di ng allowed at the closest setback al 1 owed on
adjoining 1 and, whether or not that bui 1 di ng now exists .
3. Shade from off-site vegetation is assumed to remain
after development of the site i f that vegetation i s: si tu-
ated i n a requi red setback; or part of a level oped area,
public park, or legally reserved open space; or part of
landscaping ar other features required pursuant to this code.
~c} On-site shade. The manufactured dwelling site for which
the exemption is sought is:
1. Within the shadow pattern of on-site features such
as, but not limited to, buildings and topography which will
remain after the development occurs; or
2. Contains non-exempt trees at least 3a feet tall and
more than six inches i n diameter measured four feet above
the ground which have a crown cover over at least 80 percent
of the site or relevant portion. The applicant can show such
crown cover exists using a scat ed survey ar an aerial phota-
Ordinance - 11
graph. If granted, the exemption sha11 be approved subject
to the condition that the applicant preserve at least 50 per-
cent of the trees that warrants the exemption. The applicant
shall file a note on the plat or documents in the office of
the county recorder binding the applicant to comply with
this requirement.
~d} Street orientation. The shape and orientation of the
manufactured dwelling space ~ s } i s constrained by the need to con -
form with approved street plans and existing rights-af-way.
Section 12. Sections 9.812, 9.514, 9.516 and 9.518 of the Eugene Cade,
1911, are hereby repealed.
Section 13. Anew Section 9.811 is hereby added to the Eugene Code,
1971, to provide:
9.817 Tem orar Manufactured Dweilin Hardshi Permits -Standards. A
temporary manufactured dwe11 i ng hardship permit shal 1 be granted
under section 9.820 of this code only if all of the following standards are
met:
~a} A written communication submitted to the city from a
physician, therapist, or other professional counsel ar must provide
satisfactory evidence that the family member on whose behal f the
temporary manufactured dwelling hardship permit i s sought i s
suffering ei ther a phys i cal or mental impairment, infirmity, or i s
otherwise disabled and must be near another family member to re-
ceive adequate care.
fib} The 1 of on which the temporary manufactured dwell i ng
would be placed must have a minimum lot site of 8,000 square feet.
~c} The lot on which the temporary manufactured dwelling
would be placed must be zoned RA or R-1.
~d} An additional on-site parking space beyond that which
~ s requ~ red for the primary dwelling unit} must be provided i f the
resident of the temporary manufactured dwelling owns or operates a
vehicle.
. ~e}, The temporary manufactured dwelling is limited to a
s ~ ng1 a-w~ de w~ th no more than two bedrooms .
.. ~ f } The temporary manufactured dwe11 i ng must be set back a
m~ nimum of ten feet from the primary dwelling and all interior
property lines.
fig} The temporary manufactured dwelling must be located to
the rear of the primary dwelling unit except on corner lots}.
~h} The property owner must maintain a pedestrian and vehi-
cular access drive to the temporary manufactured dwelling capable
of supporting the weight of emergency vehicles} for the purposes
of emergency access and future removal of the manufactured dwell -
.
Eng.
~ i } The p1 acement of the temporary manufactured dwel 1 i ng
Ordinance - 12
shall not requi re a permanent foundation, f i 11 i ng, or grading,
~ j } The temporary manufactured dwelling must be screened from
abutting properties with a l5 percent opaque site-obscuring fence,
wall, or vegetation six to eight feet in height. This requirement
can be met by existing or new materi a1 s.
~ k} The temporary manufactured dwelling must be equipped with
skirting which i n design, color, and texture appears to be an i n -
tegra1 part of the adjacent exterior wall of the manufactured
dwelling.
~ 1 } The temporary manufactured dwel 1 i ng must be connected to
an an-site sewer system serving an existing dwelling on the same
lot.
4m} Construction and instal 1 ati on of plumbing, gas, piping,
el ectr~ cal equ~ pment, wiring, foundations, ti e-downs, over-the-top
t~ es, and ski rte ng must comply with all applicable federal , state
and local rules and regulations,
~n~ Temporary manufactured dwellings must comply with the
solar access setback standards with respect to structures on ad j a-
cent 1 ots.
.~o} The temporary manufactured dwelling must comply with all
appl ~ cabl a federal , state, and 1 oral special flood hazard area
rules and regulations.
gyp} Within b0 days of the date that the hardship for which a
temporary manufactured dwel 1 i ng hardship permit has been issued
ceases, the temporary manufactured dwelling must be disconnected
from the sewer system and all utilities, and removed from the lot.
~q} The temporary manufactured dwelling must be a manufactur-
ed home or a mobile home as defined in section 9.015.
Section 14. Section 9.820 of the Eugene Code, 191, is amended to pro-
vide:
9.820 Tem orar Manufactured Dwel l i n Hardsh i Permits -Procedures .
~1} Application. A temporary manufactured dwelling hardship per-
mi t application shal 1 ~ be submitted to the city by the owner of the property
on which ,the ,temporary manufactured dwel 1 i ng wi 11 be 1 orated, together with
the appl ~ cats on fee establ ~ shed by the city manager pursuant to secti an
2.020 of this code.
~2} Term.and Renewal. A temporary manufactured dwelling hardship
perms t shal 1 be val ~d for a peri od of one year from the date of issuance, or
until the hardship ceases to exist, whichever shall occur first, subject to
renewal for an additional period of one year as provided herein. A hardship
permit holder seeking renewal thereof shall, at least 45 days prior to the
expiration of the permit term, submit an application for renewal to the city,
together with any requi red fees. The application shat 1 include current
written verification from a physician, therapist, or other professional
counselor that the hardship upon which the initial permit was based continues
to exist . Notice of the renewal application shal 1 be provided to those who
received notice of the original application, and the renewal request shall
Ordinance - 13
be processed i n the same manner as an initial application for a temporary
manufactured dwell i ng hardship permit.
~3} Notice. Within ten days of receipt of an app1 ication for a
temporary manufactured dwelling hardship permit, or renewal thereof, and pay-
ment of required fees, but no less than ten days before the planning, director
makes a decision, the city shall mail notice thereof to affected neighbor-
hood ,groups, public referral agencies, and property owners and occupants
w~th~n boo feet of the subject property. The notice shall:
~a} Contain information describing with particularity the
proposed 1 ocat~ on of the temporary manufactured dwell i ng, a des-
cription of the manufactured dwelling, and the hardship necessi-
tating the request for the temporary manufactured dwelling hard-
sh~p permit;
- fib} Advise the date by which written testimony thereon
must be submitted to the planning director, which shall be not
less than ten days from the date of the notice; and
~c} Contain information concerning the process by which
a decision on the application will be made as provided i n t h i s
section, including the process for appeals .
~4} P1 anni ng,,,director,,,,„decision.
~ a } The pl~yann i ng director shall approve, conditional 1 y
approve, or deny a hardship permit application within 3o days of
rece~ pt of the appl ~ cats on and required fees, unless the applicant
agrees to a longer time period. The planning director's decision
shal 1 take into consideration any written testimony submitted,
and an approval thereof shall be based on compliance with the
standards set forth in section 9.817 of this code and the follow-
ing criterion: Compatibility with the surroundings, particularly
when residential in character. This factor shall not take prece-
dence over the need to provide housing for all income groups in
the city.
~ b} Within five days of the decision, the planning director
shall mail a notice of the decision and of the opportunity to
appeal to the applicant, persons who have requested notification,
and persons entitled to notice under subsection ~3} of this section.
The planning director's decision shall be effective on the eleventh
day after notice of the decision i s mai 1 ed, unless an appeal
thereof is filed.
~5} A eal of tannin director decision.
~a} Within ten days of the date that notice of the planning
director's decision i s mai 1 ed, i t may be appealed to the hearings
official by the owner, appl icant, a party, an adversely affected
person, or person entitled to notice under subsection ~3} of thi s
section.
fib} An appeal shat 1 be on a form prescribed by the city and
shall state speci f i cal 1 y how the planning director f ai 1 ed to prop-
erly evaluate the proposed hardship permit application or make a
dec~s~on consistent with the standards of subsection ~4} of this
section.
~c} The hearings ,official shall hot d a publ i c evidentiary
hearing on an appeal within 45 days of its receipt. The hearing
note ce and hears ng procedures shall conform with the requirements
for quasi-judicial hearings provided in sections 2.390 to 2.400
ordinance - 14
of this code. At 1 east 20 days prior to the hearing, the city
sha11 mai 1 notice thereof to the applicant, appellant, parties,
persons who requested notice of the planning director's decision,
and persons entitled to notice under subsection ~3} of this sec-
tion.
4d} Within 15 days of the close of the hearing and the
record, unless the applicant and appellant agree to a longer time
period, the hearings official sha11 render a deci si on and mail a
notice thereof within five days of the decision to the applicant,
appel 1 ant, parties, and persons who have requested notification .
The decision of the hearings official on an appeal of a dec i s i on
of the planning director i s final .
~6} Performance contract.
~ a} Prior to the issuance of a hardsh i p permit, compliance
with approval cand i t i ons and adherence to an approved site p1 an
shat ] be guaranteed by a performance contract binding upon the
applicant and the applicant's successors in interest. The per-
formance contract shall be prepared by the city and executed by
the applicant and the city, and a memorandum thereof f i 1 ed by the
city in the office of the Lane County Recorder.
fib} If the applicant violates ar fails to comply with any
of the provisions of the performance contract or approved appli-
cation, the city may invoke the enforcement procedures provided
i n the contract or under applicable law, or both .
section 15. The City Recorder, at the request of, or with the concur-
rence of the City Attorney, i s authorized to administratively correct any
reference errors contained herein, or in other provisions of the Eugene
Code, 1971, to the provisions added, amended or repealed herein,
Passed by the City Counci 1 thi s
22nd day of April, 1991
~ %~~---
City Recor er
Approved by the Mayor this
22nd day of April, 1991
•' r~
~ ayor
Ordinance - 15
CITY OF EUGENE
INTER-DEPARTMENTAL MEMORANDUM
CITY ATTORNEY -CIVIL DEPARTMENT
Zb: Kathy Fieland, City Recorder's Office Date: May 24,1991
Subject: Administrative Corrections -Ordinance Nos.1977~ and 19771
Ordinance Number 19771 adopted by the Council and approved by the Mayor on
April 22,1991 amended various sections of the Code related to mobile homes, and in most
instances changed the "mobile home" references to "manufactured dwelling." The matrix
in EC § 9.439 contains two references which were not amended by Ordinance No. 19771,
which we request you correct administratively pursuant to Section 15 of that Ordinance.
They are: "Mobile home sales/service" and "Mobile home repair," which should be
changed to "Manufactured dwelling sales~service" and "Manufactured dwelling home repair"
respectively and rearranged alphabetically in the matrix. Both remain conditional uses in
the C-~ and Permitted in the C-4 districts.
Ordinance Number 19770, adopted at the same meetin , contains a scrivener's
g
error in Section 6 of the Ordinance amending EC § 2.411. Subsection ~4}~d} was
unintentionally omitted. It reads:
"(d} Unless appealed, board decisions are effective on
the 11th day after notice of the decision is mailed. Before
moving or demolishing an historic property, the applicant snail
obtain the permits required by chapter S of this code."
Please make these corrections when you do the online programming,, and attach
copies of this memo to the two Ordinances. If you have any uestions, lease call.
q p
G, LDNG, 'WATKINS~N, ARNDLD
& LAI , P.C. -CITY ATTC3RNLYS
'timothy J, com e
TJS:jw
cc: Gary Chenkin