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HomeMy WebLinkAbout2662 Replaces AMC 18.84ORDINANCE 2662 AN ORDINANCE OF THE CITY OF ASHLAND REPLACING CHAPTER 18.84 - OF THE ASHLAND MUNICIPAL CODE RELATIVE TO MANUFACTURED HOUSING DEVELOPMENTS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.84 of the Ashland Municipal Code is replaced in its entirety and shall read as follows: "Chapter 18.84 MANUFACTURED HOUSING DEVELOPMENTS Sections: 18.84.020 18.84.020 18.84.025 18.84.030 18.84.040 18.84.050 18.84.060 18.84.070 18.84.080 18.84.090 18.84.100 Purpose. General Provisions. Definitions. Procedure for Approval. Setback Requirements. Design Standards. Manufactured House Standards. Roadway, Sidewalk and Off-Street Parking Standards. Storage and Temporary Occupancy of Manufactured Homes. Nonconforming Manufactured Housing Developments. Special Conditions. 18.84.010 Purpose. The purpose of this chapter is to encourage the most appropriate use of land for manufacturing housing development purposes, to encourage design standards which will create pleasing appearances, to provide sufficient open space for light, air and recreation, to provide adequate access to and parking for manufactured housing sites, and to refer minimum utility service facilities to appropriate City codes. 18.84.020 General Provisions. A. No person shall establish, operate, manage, maintain, alter or enlarge any manufactured housing development contrary to the provisions of this ordinance. B. In addition to the requirements of this chapter, all manufactured housing developments shall conform to the regulations of ORS Chapter 446, together with such administrative rules as may be adopted from time to time, except where such regulations are exceeded by the requirements of this chapter, in which case the more stringent requirements shall apply. 1 C. Manufactured housing developments shall be subject to regulations of this chapter and shall be located only on sites approved for use under the provisions of such chapter. D. Manufactured housing development may be located or relocated only in R-1-3.5 and R-2 zones. 18.84.025 Definitions. The following terms are defined for the purpose of this Chapter and do not otherwise apply to the Land Use Ordinance: A. Building Envelope. An area, within the property boundaries of a lot or space, within which a permitted manufactured housing or structure can be placed. B. City Facility. A public service or facility provided, owned and controlled by the City. C. Diameter Breast Height. The outside diameter of the trunk of a tree, measured 4.5 feet above ground level. D. Homeowners Association. A homeowners association is an organization formed for the maintenance and operation of the common areas of the development. The membership in the association must be automatic with the purchase of a dwelling unit or other property in the planned development. The association's principal source of funds shall be an assessment levied against each dwelling unit or other property, which assessment shall be enforceable as a lien against the property. E. Open Space. A common area designated on the final plans of the development, permanently set aside for the common use of the residents of the development. The open area may be landscaped and/or left with a natural vegetation cover, and in which area no thoroughfares, parking areas, or improvements other than recreational facilities are located. All developments shall provide a minimum of 5% of the total lot area in Open Space. F. Pedestrian Path. A graded cleared way, adjacent to the curb at curb level, for individuals who travel on foot. G. Unbuildable Area. within open space. All areas outside of building envelopes and 18.84.030 Procedure for Approval. A. Outline Plan: 1. Application for subdivision approval under this Chapter shall be accompanied by a proposed Outline Plan. For developments of less than 10 lots, the Outline Plan may be filed concurrently with the Final Plan, as that term is defined in 18.84.030 B. 4. But for developments of 10 lots or more prior Outline Plan approval is mandatory. 2. A Type II procedure, as defined in this Ordinance, shall be used for the approval of the outline plan. follows: Contents. The contents for an outline plan shall be as a. A topographic map showing contour intervals of five feet. b. The proposed land uses and approximate locations of the existing buildings to be retained, the proposed structures on the site, the proposed and existing property lines and easements on the site, and existing buildings, structures, and trees greater than six inches in diameter measured at breast height on the properties adjacent to the site, and all buildings within 160 feet of the site boundaries. c. The locations of all proposed thoroughfares, walkways, and parking facilities. d. Public uses, including schools, parks, playgrounds, open spaces and trails. e. Public or private utilities. f. General areas of cuts and fill. g. The location of natural features such as rock outcroppings, marshes, wooded areas, and isolated preservable trees. h. The location and direction of all watercourses and areas subject to flooding. i. Lots or areas for the location of the manufactured housing, with building envelopes showing the permissible location of the dwelling unit. j. Architectural elevations of proposed structures other than manufactured homes, if any. The elevation should be to scale and should include the approximate dimensions of the proposed structures and all attached exterior hardware for heating and cooling. k. A written statement which will contain an explanation of: 1) The character of the proposed development and the manner in which it has been designed to take advantage of the Performance Standards Concept. 2) The proposed manner of financing. 3) The present ownership of all the land included within the development. 4) The method proposed to maintain common open areas, buildings and private thoroughfares. 5) The proposed time schedule of the development. 6) The findings of the applicant showing that the development meets the criteria set forth in this Ordinance and the Ashland Comprehensive Plan. 4. The Planning Commission shall approve the outline plan when it finds the following criteria have been met: a. That the development meets all applicable ordinance requirements of the City of Ashland. b. That adequate City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c. That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d. That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f. That the proposed density meets the base and bonus density standards established under this Chapter. 5. Approval of the Outline Plan. a. To the extent allowed by statute, the Planning Commission may extend the public hearing to gather more information. b. The Planning Commission may approve or disapprove the Outline Plan and application or require changes, or impose conditions of approval which it finds necessary to conform with the standards of this ordinance and the purpose of this Chapter. Approval of the Outline Plan and application, and conditions of approval are final to all issues resolved at that time unless appealed. c. After an outline plan, which has had a public hearing, is approved, the developer may then file a final plan in phases or in its entirety. However, a final plan may not be filed until the Council adopts any zone change necessary for the development. d. If an outline plan is phased, 50% of the value of the recreational amenities shall be provided in the first phase and all recreational amenities shall be provided when two-thirds of the units are finished. B. Final Plan. 1. Procedure for approval. Type I procedure, as defined in this Title, shall be used for approval of final plans, unless on outline plan has been filed, in which case Type II procedure shall be used, and the criteria for approval of an outline plan shall also be applied. 2. The final plan may be filed in phases as approved on the outline plan. 3. If the final plan or the first phase of the outline plan is not approved within eighteen (18) months from the date of the approval of the outline plan, then the approval of the plan is terminated and void and of no effect whatsoever. Extensions may be granted as a Type I procedure. 4. Contents. The final plan shall contain a scale map or maps and a written document showing the following for the development: a. A topographic map showing contour intervals of five feet. b. Location of all thoroughfares and walks, their widths and nature of their improvements, and whether they are to be public or private. c. Road cross sections and profiles, clearly indicating the locations of final cuts and fills, and road grades. d. The location, layout, and servicing of all off-street parking areas. e. The property boundary lines. f. The individual lot lines of each parcel that are to be created for separate ownership. 5 g. The location of easements for water line, fire hydrants, sewer and storm sewer lines, and the location of the electric, gas, and telephone lines, telephone cable and lighting plans. h. Landscaping and tree planting plans with the location of the existing trees and shrubs which are to be retained, and the method by which they are to be preserved. i. Common open areas and spaces, and the particular uses intended for them. j. Areas proposed to be conveyed, dedicated, reserved or used for parks, scenic ways, playgrounds, schools or public buildings. k. A plan showing the following for each existing or proposed building or structure for all sites except manufactured housing on approved sites and single-family, detached housing which meets the parent zone setbacks: 1) Its location on the lot and within the development. 2) Its intended use. 3) The number of dwelling units in each residential building. 1. Elevation drawings of all proposed structures except manufactured homes and single-family, detached residences which meet parent zone setback requirements. The drawings shall be accurate and to scale, including all attached exterior hardware for heating and cooling. m. Manner of financing. n. Development time schedule. o. If individual lots are to be sold in the Planned Unit Development, a final plat, similar to that required in a subdivision section of the Land Use Development Ordinance. p. Final plans for location of water, sewer, drainage, electric and cable T.V. facilities and plans for street improvements and grading or earth-moving improvements. q. The location of all trees over six inches diameter at breast height, which are to be removed by the developer. Such trees are to be tagged with flagging at the time of Final Plan approval. 5. Criteria for Final Plan Approval. Final plan approval shall be granted unless it is found that it fails to substantially conform with the Outline Plan, and conditions, previously approved. Nothing 6 in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance with reference to the matters below listed shall be deemed to exist when comparison of the outline plan with the final plan shows that: a. The number of dwelling units vary no more than 10% of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than 10% of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. c. The open spaces vary no more than 10% of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than 10%. e. The building elevations and exterior materials are in conformance with the purpose and intent of this Title and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. 6. Any substantial amendment to an approved final plan shall follow at Type I procedure and be reviewed in accordance with the above criteria. 18.84.040 Setback Requirements. A. Exterior Setbacks. Manufactured housing sites along the exterior boundary of the court shall be so designed so that any part of a manufactured housing unit shall be set back at least 20 feet from any street or exterior property line. B. Interior Front Yard Setbacks. There shall be a front yard on each manufactured home lot or space of at least 10 feet. C. Interior Side and Rear Yard Setbacks. There shall be side or rear yards of at least six feet. There shall be a minimum separation of 12 feet between manufactured housing units. 18.84.050 Design Standards. A. Minimum Court Size. A manufactured housing development shall occupy a site of not less than two acres in size. B. Density. The maximum density permitted shall be eight manufactured housing units per acre of developed court area. Manufactured housing which is 14 feet wide or less, or which is less than 800 square feet in size will count as .75 units for this calculation. C. Manufactured Housing Sites or Lots. All manufactured housing sites or lots must be at least 2,000 square feet in size, at least 35 feet wide, and at least 40 feet deep. D. Lot Coverage. Maximum lot coverage of any individual manufactured housing lot or site shall be 65% in the R-2 zone and 55% in the R-i- 3.5 zone. In addition, the general lot coverage requirements of the parent zone shall also be complied with for the entire project site. E. Landscaping. 1. All areas of the development not occupied by paved roadways, pathways, parking areas, or not occupied by other facilities shall be landscaped. Areas which contain significant natural vegetation may be left in a natural state, if approved on the final landscaping plans. 2. Manufactured housing developments located in an R-1-3.5 zone shall have 45% of the entire site landscaped. Developments located in the R-2 zone shall have 35% of the entire site landscaped. F. Fencing. Fencing shall comply with all fencing requirements as per Section 18.68.010 of this Title. G. Utilities. Provisions for electric, water and sanitary service shall be made in accordance with established City procedures and law, including number, size, quality and location of fixtures, connections and facilities. Telephone and electric lines shall be placed underground. H. All developments are required to provide a minimum of 5% of the total lot area in Open Space. 18.86.060 Manufactured Housing Standards. All manufactured housing units located in approved manufactured housing developments shall comply with the following requirements: A. Manufactured housing units shall be a minimum of 650 square feet in size. B. Manufactured housing units shall be at least 12 feet wide. C. Manufactured housing units shall have the Oregon Department of Commerce "insignia of Compliance." The manufactured housing unit shall be inspected by the City's Building Official and occupancy shall be approved only if the Building Official has determined that the manufactured housing unit has a valid insignia of compliance and has not deteriorated beyond an acceptable level of compliance. D. Manufactured housing units shall be placed on permanent foundations, with wheels and hitches removed, be fully skirted or bermed, and shall have no uncovered open spaces except for vents of sufficient strength to support the loads imposed by the manufactured housing unit, based on accepted engineering design standards, as approved by the Building Official. E. Manufactured housing units shall be provided with City water, sewer, electricity, telephone and storm drainage, with easements dedicated where necessary. F. Manufactured housing units shall comply with the thermal envelope requirements for heat loss required buy the Oregon State Building Code for single family detached homes. G. Manufactured housing units shall have a deck or patio area adjacent to the home. The deck or patio shall be constructed of a permanent material and shall be at least 80 square feet in size, with a minimum width of eight feet in its least dimension. H. Each manufactured housing unit shall have a one parking space located on or adjacent to the unit space. The parking space shall be setback at least 20 feet from the street. I. Not withstanding the above, any manufactured home legally located within the Ashland Urban Growth Boundary prior to July 1, 1990 may be relocated to an approved manufactured home development, subject to a fire and life safety inspection by the Ashland Building official. 18.84.070 Roadway, Parking and Sidewalk Standards. A. Street Standards. Public streets shall comply with the design standards contained in Chapter 18.88 B. Private streets shall be a minimum of 20 feet in width, and constructed to the same standards as specified for an alley by the Ashland Public Works Department. A private street may be a dead-end street no more than 300 feet in depth from a higher order road. Adequate turn-around shall be provided according to standards established by the Planning Commission. c. Sidewalk Standards. Every manufactured housing development shall have a permanent pedestrian walkway at least 48 inches wide connecting all manufactured housing units to public or private streets, common open spaces, recreational areas and commonly-owned buildings and facilities. D. Off-Street Parking Standards. Each manufactured housing unit shall be provided with one off-street parking space on each manufactured housing site, setback 20 feet from the street. In addition, guest parking facilities of one parking space for each manufactured housing site shall also be provided on the project site, within 200 feet of the units they are intended to serve, either adjacent to the road or in a off street parking lot. Parking space construction, size, landscaping and design requirements shall be according to Chapters 18.72 (Site Review) and 18.92 (Off-Street Parking). 18.84.080 Storage and Temporary Occupancy of Manufactured Homes. A. A no-charge permit from the Staff Advisor is required for the storage of any manufactured housing unit on the home premises of the owner for any length of time when not used for living purposes; provided, however, that all units so stored shall abide by the yard requirements for accessory buildings in this chapter. B. No manufactured housing unit shall be stored on a public street except for temporary maneuvering purposes. C. Temporary occupancy of a manufactured housing unit on premises which do not meet the requirements of this chapter for a manufactured housing development, may be permitted for a period not to exceed ninety (90) calendar days upon the granting of a permit by the City Building Official. Such occupancy may only be allowed in conjunction with the construction of the applicant's residence on the site. Said permit shall not be renewable within a six-month period beginning at the first date of issuance, except with approval of the Staff Advisor. 18.84.090 Non-Conforming Manufactured Housinq Developments. A manufactured housing development and an individual manufactured housing unit utilized for living purposes on the effective date of this ordinance or of amendments thereto, which do not conform to the regulations of this chapter, shall be deemed to be non-conforming and may be continued, subject to the following regulations: A. Routine maintenance and repairs may be performed within the manufactured housing development or upon individual manufactured housing units. B. No non-conforming manufactured housing development shall be enlarged, remodeled or modernized except in conformance with all requirements of this chapter, except that an area of less than two acres for a development to be enlarged, remodeled or modernized may be approved through the conditional use permit procedure contained in this Title. 10 C. No manufactured housing unit shall be located on the site of, or substituted for, a non-conforming manufactured housing unit, the use of which has been discontinued, except within a manufactured housing development holding a certificate of sanitation issued by the Board of Health, State of Oregon, issued prior to the effective date of this chapter. Relocation of existing units within the City Urban Growth Boundary are exempted as provided in Section 18.84.060 (I) D. If a non-conforming manufactured housing development holding a certificate of sanitation issued by the Board of Health, state of Oregon, ceases operation for a period of six months or more, said development shall be considered abandoned and shall be reinstituted only in conformance with the requirements of this chapter. 18.84.100 Special Conditions. A. For the mitigation of adverse impacts, the City may impose conditions. Restrictions may include, but are not limited to, the following: 1. Require view-obscuring shrubbery, walls or fences. 2. Require retention of specified trees, rocks, water ponds or courses, or other natural features. B. No manufactured housing developments may be located within the Ashland Historic District. C. No manufactured housing developments may be located or relocated within any zones designated for commercial use -- C-l, C-l-D, E-i, or M-i." The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the /~-~ day of '1_?~_~ ~>.. ~_ .._ , 1991, and duly PASSED and ADOPTED this ~X/~ day of Nan E. Franklin city Recorder SIGNED and APPROVED this ~--~ day of _ , 199~. Catherine M. Golden Mayor 11