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HomeMy WebLinkAboutOrdinance No. 19608ORDINANCE N0. 19608 AN ORDINANCE CONCERNING MOBILE HOME HARDSHIP PERMITS; AMENDING SECTION 9.806 OF THE EUGENE CODE, 1911, AND ADDING ANEW SECTION 9.820 TO THAT CODE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 9.806 of the Eugene Cade, 1911 is amended by adding new Subparagraphs ~j} and ~k} thereto, to provide: 9.806 Mobile Homes - Permitted Locations. Unless otherwise provided herein, upon compliance with applicable regulations and processes mobile homes for dwelling purposes only shall be permitted: ~j}, Outside mobile home parks and mobile home subdivisions on ~nd~v~dual lots provided the lot or parcel on which the mobile home is located is designated by the suffix "MH" and meets the standards as required by this code. ~k} On the same lot as an existing dwelling or mobile home upon approval by the city of a temporary mobile home hardship per- m~t pursuant to section 9.820 of this code, subject to all of the following standards: 1. Submission to the city of a written communication from a physician, therapist, or other professional counselor that provides satisfactory evidence that the family member on whose behalf the temporary mobile home hardship permit is sought.is suffering either a physical or mental impairment, ~nf~rm~ty, or ~s otherwise disabled and must be near another f ami 1 y member to receive adequate care . 2. Temporary mobile home hardship permits would be applicable only to lots zoned RA or R-1. 3. The lot on which the temporary mobile home would be placed has a minimum lot sire of 8,000 square feet. 4. Provision of an additional on-site parking space 4beyond that which is required far the primary dwelling unit} if the resident of the temporary mobile home awns or operates a vehicle. 5. The temporary mobile home is limited to a single-wide with no more than two bedrooms. 6. The temporary mobile home must be set back a minimum of ten feet from the primary dwelling and all interior prop- erty 1 i nes . 1. The temporary mobile home must be located to the rear of the primary dwelling unit except on corner lots}. 8. The property owner must maintain a pedestrian and vehicular access drive to the temporary mobile home capable of supporting the weight of emergency vehicles} for the pur- poses of emergency access and future removal of the temporary Ordinance - 1 mobile home. 9. The placement of the temporary mobile home shall not require a permanent foundation, filling, or grading. 10. The temporary mobile home must be screened from abut- ting properties with a 15 percent opaque site-obscuring fence, wall, or vegetation six to eight feet in height. This require- ment can be met by existing or new materials. 11. The temporary mobile home must be equipped with skirt- ing which in design, color, and texture appears to be an integ- ral part of the adjacent exterior wall of the mobile home. 12. The temporary mobile home must be connected to an on- site sewer system serving an existing dwelling on the same lot. 13. Construction and installation of plumbing, gas, pip- ing, electrical equipment, wiring, foundations, tie-downs, over-the-top ties, and skirting must comply with all appli- cable federal, state, and local rules and regulations. 14. Temporary mobile homes must comply with the solar access setback standards with respect to structures on adja- cent lots. 15. The temporary mobile home must comply with all appli- cable federal, state, and local special flood hazard area rui es and regul ati ans. 16. Within 60 days of the date that the hardship far which a temporary mabile home hardship permit has been issued ceases, the temporary mabile home must be disconnected from the sewer system and all utilities, and removed from the lot. 17. The temporary mobile home must have been manufactured after the year 1976. Section ~. There is hereby added to the Eugene Code, 1971, anew section to be numbered and provide: 9.80 Tem orar Mobile Home Hardshi Permits - Procedures. ~1~ A lication. A temporary mabile home hardship permit appli- cat~on shat] be submitted to the planning department by the owner of the property on which the temporary mobile home will be located, together with the application fee established by the city manager pursuant to section x.020 of this code. ~2} Term and Renewal. A temporary mobile home hardship permit shall be valid fora per~vd of one year from the date of issuance, or until the hardship ceases to exist, whichever shall occur first, subject to renewal far an additional period of one year as provided herein. A hardship permit holder seeking renewal thereof shall, at least 45 days prior to the expira- t~an of the permit term, submit an application for renewal to the planning department, together with any required fees. The application shall include current written verification from a physician, therapist, or other prafes- sianal counselor that the hardship upon which the initial permit was based continues to exist. Notice of the renewal application shall be provided to those who received notice of the original application, and the renewal re- quest shall be processed in the same manner as an initial application for a Ordinance - 2 temporary mobile home hardship permit. ~3} Notice. Upon receipt of an application fora temporary mobile home hardship permit, or renewal thereof, and payment of required fees, the planning department shall mail notice thereof to the applicant, affected neighborhood groups, public referral agencies, and adjacent property owners w~th~n 304 feet of the subject property. The notice shall: ~a} Contain information describing with particularity the proposed location of the temporary mobile home, a description of the mobile home, and the hardship necessitating the request for the temporary mobile home hardship 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 dec~s~on on the app]~cation will be made as provided in this section, including the process for appeals. ~4} Planning director decision. The planning director shall approve, conditionally approve, or deny a hardship permit application within 3o days of receipt of the application and required fees, unless the applicant agrees to,a longer time period. The planning director's decision shall take into cons~derat~on any written testimony submitted, and an approval thereof shall be based on compliance with the standards set forth in subsection 9.80fi~k} of this code and the fallowing criterion: Compatibility with the surroundings, particularly when residential in character. This factor shall not take precedence over the need to provide housing for all income groups in the city. The planning director's decision shall be effective on the eleventh day after it is rendered, unless an appeal thereof is filed. ~5} A eat of tannin director decision. ~a} Within ten days of the planning director's decision, i t may be appealed to the hearings official by the applicant, or an adversely affected person who has submitted written testimony to the planning director. fib} An appeal shall be on a planning department form and shall state specifically how the planning director failed 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} Unless the applicant and appellant agree to a longer time period, the hearings official shall hold a hearing on an appeal within 3D days of its receipt. At least ten days prior to the hearing, the planning department shall mail notice thereof to the applicant, appal 1 ant, and parties who requested notice of the pl ann ~ ng director's decision . ~d} Within ten days of the hearing, unless the applicant and appellant agree to a longer time period, the hearings official shall render a decision on the record and mail a copy thereof to the applicant, appellant, and parties who have requested a copy. The decision of the hearings official an an appeal of a decision of the planning director is final. ~6} Performance contract. . ~a} Prior to,the issuance of a hardship permit, compliance with approval conditions and adherence to an approved site p1 an shall be guaranteed by a performance contract binding upon the Ordinance - 3 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 filed by the city in the office of the Lane County Recorder. ~b~ If the applicant violates or fails to comply with any of the provisions of the performance contract ar approved appli- cation, the city may invoke the enforcements procedures provided in the contract or under applicable law, or both. Section 3. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 197 to the provisions amended or added herein. Passed by the City Council this 27th day of February, X989 f ~ City Recorder Approved by the Mayor this 27th day of February, 1989 I ayor Ordinance - 4