Ordinance No. 90-24 CITY OF TIGARD, OREGON
ORDINANCE NO. 90-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE ORDINANCE
AMENDMENTS AND COMPREHENSIVE PLJhN AMENDMENTS FOR PERIODIC REVIEW.
WHEREAS, the City has conducted a review of its Comprehensive Plan and land use
regulations as required by OAR 660--19; and
WHEREAS, the periodic review final order contains findings pertaining to the
status of the comprehensive plan and land use ordinance as related to current
statutes and circumstances; and
WHEREAS, in order to bring the Comprehensive Plan and Community Development
Code into compliance with state statutes and community circumstances it is
necessary to amend certain sections of the plan and code; and
WHEREAS, the Tigard Planning Commission recommends adoption of amendments
identified as exhibits "A" through "F"; and
WHEREAS, the City Council finds that amendments are necessary to bring the
Comprehensive Plan and Community Development Code into compliance with state
statutes and current circumstances
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Chapter 18.26 of the Tigard Municipal Code shall be amended as
shown in exhlbit-W,
"
Q1e�e Tuti,hi 4 14
Chapter 18.42 of the Tigard Municipal Code stall be amended as
shown in exhibit "S".
- tIrnr-4: Chapters 15.46, 18.48, 18.50, 18.52, 18.54, 18.56, 18.58,
18.60, 18.62, 18.64, 18.66, 18.68 and 18.142 of the Community
}e Development Code shall be amended as shown in exhibit "C".
Sectioa-.4: Chapter 18.84 of the Tigard Municipal Code shall be amended as
shown in exhibit "D".
Section 5: Chapter 18.94 of the Tigard Municipal Code shall be amended as
shown in exhibit "E".
Section 6: Chapter 18.32 of the Tigard Municipal Code shall be amended as
shown in exhibit "F".
Section 7: In all exhibits added portions are underlined deleted
portions are in [brackets].
( ORDINANCE No. 90_a �
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PASSED; By Ill yl t.�lG%LA 5 vote of all Council meere present arta
being read by number and tityle only, thisa — day of .fit L
therine Wheatley City Recordt7r
APPROVED a This ! w day or, � �T , 1988.
Va aria A. Johns 4 Council President
Approved as to forme
1
Ci y Attorney -
� 'a ),��U
Date
ORDINANCE No. 90-�'`�
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EXHIBIT "A"
E
18.26.030 Meaning of. Specific Words and Terms
L
(to be inserted in alphabetical order)
"Manufactured homs[s]" (a factory-fabricated transportable building
designed to meet the Uniform Building Code to be used by itself or
ine:orporated with similar structures or units at a building site as a
dwelling unit. The term is intended to apply to major assemblies and does
not include buildings constructed at a site from prefabricated panels,
trusses and other prefabricated supplements.) a structure gonstructed €or
mavement on the public highways that has sleenina cooking and dumbing
facilities. that is intended for human occucancar, that is being used for
residential purposes and that was constructed in accgrdance with federal
manufactured housing construction and safety standards regulations in effect
at the time of construction.
"Mobile home" - (a structure transportable in one or more sections, each
built on a permanent- chassis, which is designed to be used for permanent
occupancy as a dwelling and which is constructed on a site other than its
place of permanent use.) a structure constructed for movement on the vublic
4 hiahways that has sleeping cookinn and plumbing facilities that is
I intended for human occupancy, that is being used for residential vurposes and
that was constructed between January 1. 1962. and June 15. 1976, and met the
construction requirements of Oregon mobile home law in effect at the time of
construction.
"Residential trailer" - a structure contracted for movement on the public
hiahways that has aleepina, cooking, and plumbin_q facilities, that is
intended for human occunancv, that is beina used for residential purposes and
that was constructed before January 1. 1962.
"Wetland" - l.and[s transitional between terrestrial and aquatic systems where
the water table is usually at or near (within 24 inches of) the surface, or
the land is covered by shallow water. for purposes of this classification,
wetlands must have one or all of the following three attributes) often called
swamp, marsh, or boa, that exhibits all of the following characteristics:
A. [At least periodically the land supports predominantly hydrophytesl) The
land supports hydrophvtic vegetation. This occurs when more than 50
percent of the dominant plant species from all strata are classified as
wetland species;
B. [The substrate is predominantly hydric2 soil]The land_has-hydric soils.
Hydric soils are soils that are saturated flooded or ponded lona
enough during the growing season to develop anaerobic conditions in the
upper part of the soil profile;
C. [The substrate is non-soil3 and is saturated with water or covered by
shallow water at some time during the growing of each year] The land has
wetland hydroloay. Wetland hvdroloay is Permanent or periodic
inundation,_or soil saturation for a significant period (at least one
week) during the growing season.
The technical basis for defining where wetlands are located can be found in
the wFederal Manual for Identifying and Delineating Jurisdictional Wetlands".
An area of privately owned land which otherwise satisfies the definition of a
Mtjand is not defined as a wetland if it.,was created by human activit ;a ter
October 11 1984 as Dart of an approved development project. This exclusion
class not apply to wetland mitiaatLon areas.
iHydrophytes - a plant growing in water or soil too water logged for most
plants to survive. A list of hydrophytes is maintained in the Community
Development files.)
t2Hydric - containing acid hydrogen.)
13Kon!-Soil - lacking the qualities of soil - not firm, unable to sustain plant
life.]
I
i
�E"
Chapter 18.94
MANUFACTURED/MOBYLE HOME REGULATIONS
Sectiogs:
18.94.010 Purpose
18.94.020 Mobile Home Subdivision Standards
18.94.030 Manufactured/Mobile Home Park Standards
18.94,040 Manufactured Homes on Individual Building Lots
18.94.050 Nonconforming Mobile Homes
18.94.010 Purpose
A. The purpose of this chapter is to establish criteria for the placement
of manufactured/mobile homes in mobile home subdivisions and park
developments and manufactured homes [and) on individual building lots
within the City of Tigard. (Ord. 89-06; Ord. 85-15)
18.94.020 Mobile Home Subdivision Standards
A. In addition to the standards of the zoning district in which the
project is located and other standards of thij title, a mobile home
subdivision proposal shall:
1. Comply with all applicable state standards and other City
standards for the subdivision (See Chapter 18.160);
2. Satisfy all the standards of the applicable zoning district, and
the provisions of Chapter 18.92; and
3. Be limited to manufactured/mobile home housing types. All other
types' of residential units shall not be permitted. (Ord. 89-06,
Ord. 83-52)
18.94.030 Manufactured/Mobile Home Park Standards
A. The design of the proposed manufactured/mobile home park shall be
submitted to the Planning Division for review in accordance with
Chapter 18.120, Site Development Review, and Chapter 18.130,
Conditional Use, where applicable.
B. The design for the manufactured/mobile home park shall conform to all
applicable state standards established by the State of Oregon,
Department of Commerce mobile home park standards.
C. The manufactured/mobile home park shall:
1. Have a minimum lot gross area of one acre;
2. Have a minimum frontage of 100 feet;
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3. Have a minimum depth of 150 feet;
4. Have a front and rear yard setback of 25 feet;
S. Have a side yard setback of 10 feet, except on a corner lot the
side yards shall be 25 feet;
6. Have a minimum of 60 square feet of outdoor recreation area,
suitably improved for recreational use, provided for each unit
exclusive of required yards. Each recreation area shall have a
minimum size of 2,500 square feet;
7. Have landscaping equivalent to 20 percent of the
manufactured/mobile home park area; and
B. Be partially screened from the public right-of-way and adjacent
residential areas by a combination of a sight obscuring fence,
vegetation, berm, or any combination of the above as approved by
the approval authority, except that within the required front yard,
any fence shall not exceed three feet in height.
D. Evidence shall be provided that the park will be eligible for a
certificate of sanitation required by state law.
E. Each site shall be adequately serviced by public facilities such as
f, water supply, sewers, sidewalks, and improved streets.
F. Each unit shall be provided with a water, sewer, and electrical
connection. The electrical connection shall provide for 110 and 220
volt service.
G. No manufactured mobile home, accessory building, or other structure
shall be closer than 10 feet from another mobile home, accessory
building, or other structure.
H. No structure shall exceed 25 feet in height.
1. Each manufactured mobile home placed in a manufactured/mobile home park
or subdivision shall be inspected by the Building Official and shall
sheet the following standards:
1. A state insignia indicating compliance with Oregon State Mobile
Home Construction Standards in effect at the time of manufacture
and including compliance for reconstruction of equipment
installation made after manufacture shall be displayed on each
manufactured/mobile home;
2. Each manufacturad/mobile home shall be in good repair,
notwithstanding deterioration which may have occurred due to
misuse, neglect, accident, or other cause;
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3. Each manufactured/mobile home shall contain a water closet,
lavatory, shower or tub, and a sink in a kitchen or other food
preparation space; and
4. Each manufactured/mobile home shall be installed under the
provisions of the administrative rules adapted by the Director of
Commerce and administered by the State Building Code Division.
J. Each vehicular way in a manufactured/mobile home park shall be named and
marked with signs which are similar in appearance to those used to
identify public streets, ands
1. A map of the named vehicular ways shall be provided to the
applicable fire district, the Police Department, and the Public
Works Division.
K. if a manufactured/mobile home space or permanent structure in the park
is more than 500 feet from a public fire hydrant, the park shall
provides
1. Water supply lines designed with fire hydrants which shall be
provided within 500 feet of such space or structure; and
2. Each hydrant within the park shall be located on a vehicular way
and shall conform in design and capacity to city and the
applicable water district standards.
L. Each manufactured/mobile home in a manufactured/mobile home park or
subdivision shall have a continuous perimeter skirting installed
pursuant to state regulations, which shall be of the same material and
finish as the exterior of the manufactured/mobile home.
M. The wheels, tongue, and traveling lights of each manufactured/ mobile
home in a manufactured mobile home park or subdivision shall be removed
upon installation of unit.
N. There shall be no outdoor storage of furniture, tools, equipment,
building materials, or supplies belonging to the occupants or
management of the park.
O. Accessways or driveways- shall be lighted in accordance with City
standards.
P. Primary access to the manufactured/mobile home park shall be from a
public street and shall be in accordance with Chapter 18.108, Access,
Egress, and Circulation, and:
1. Where necessary, additional street right-of-way shall be dedicated
to the City to maintain adequate traffic circulation;
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2. Access driveways connecting units to a public street shall have a
width of not less than 36 feet, of which not lees than 20 feet
shall be paved; and
3. Driveways shall be designed to provide for all maneuvering and
parking of units without encroaching on a public street.
�. The maximum number of manufactured/mobile homes in the park or
subdivision shall not exceed the amount calculated in Chapter 18.92.
R. Where landfill and/or development is allowed within or adjacent to the
100-year floodplain, the City shall require the dedication of sufficient
open land area for a greenway adjoining and within the floodplain. This
area shall include portions at a suitable elevation for the construction
of a pedestrian/ bicycle pathway with the floodplain in accordance with
the adopted pedestrian/bicycle pathway plan. (Ord. 89-06; Ord. 83-66;
Ord. 84-61; Ord. 84-29; Ord. 83-52)
18.94.040 Manufactured Homes on Individual Building Lots
A. The establishment, location, and use of manufactured homes as scattered
site residences shall be permitted (in the absence of covenants,
conditions and restrictions) in any zone permitting installation of a
dwelling unit subject to requirements and limitations applying generally
to such residential uses in the district, and provided such homes shall
meet the following requirements and lini tat ions:
[1. The home shall meet all re,uirements applicable to single-family
dwellings and possess all necessary improvement, location,
building, and occupancy permits and other certifications required
by the title;]
(2. The home shall be larger than 950 square feet of occupied space or
meet the minimum square footage requirements for the appropriate
zone;]
13. All manufactured homes to be placed or substantially improved shall
be elevated on a permanent foundation such that the lowest floor of
the manufactured home is at or abo,Pe the base flood elevation and
shall be securely anchored to an adequately anchored foundation
system in accordance with the regulations adopted by the Oregon
Department of Commerce, and with the manufacturer's installation
specifications;]
[4. The home shall be covered with an exterior material customarily
used on site built residential dwellings, and such material shall
extend over the top of the foundation (or meet the conaaunity's site
built residential home standards) ; and]
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[5. The homes shall have a roof composed of a material customarily used
on site built residential dwellings such as asbestos, fiberglass,
shake, asphalt, or tile, which shall be installed onto a surface
appropriately pitched for the materials used. (Ord. 89-06; Ord.
87-32; Ord. 85-15)]
1. The manufactured home shall be multisectional and enclose a space
of not less than 1.000 square feet;
2. The manufactured home shall be placed on an excavated_ and back-
filled foundation_and enclosed at the perimeter such that the
finished first floor of the manufactured home is located not more
than 12 inches above arade.
3. The manufactured home shall be securely anchored to the foundation
system in accordance with the requirements of the State Buildina
Codes Agency for Manufactured Structures.
3. The manufactured home shall have a pitched roof with a slope of 3
feet in height for each 12 feet in width.
4. The manufactured home shall have exterior sidina and roofina which
�Ie in material. and anuearanceis similar to the exterior
Bidina and roofing material commonly used on residential dwellinas
within the city as determined by the Building_ Division. This
tA requirement shall not be interpreted to mean that the City is
responsible for en.forcina codes, covenants, and restrictions of anv
homeowner's or other association.
5. The manufactured home shall have a Garage or carport constructed of
like materials An attached or detached aaraae may be required in
lieu of a carport where a aaraae is consistent with the predominant
construction of immediately surroundina dwell_ina®. (Ord. 89-06,
Ord,87-32, Ord. 85-15) ---
18.94.050 Nonconforming Mobile Homes
A. Mobile home parks existing at the adoption of the ordinance codified in
this title not meeting the standards set forth in this title shall be
considered nonconforming and are subject to the standards set forth in
Subsection 18.132.040.8.
[B. Nonconforming mobile homes in such parks may be replaced with like
mobile homes that meet the standards of Section 18.94.030 when they are
moved or destroyed. (Ord. 89-06; Ord. 85-15)]
B. When nonconforming mobile homes in such parks are moved or destroyed,
they may be replaced with mobile homes that meet the standards of
Section 18.94.030. (Ord. 89-06; Ord. 85-151
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FJMBIT ' F"
18.32 130 Notice of Hearings Officer, Commission, and Citv Council
Proceedings
A. Notice of an impending action pursuant to Subsections 18.32.090.B, C,
and D shall be given by the Director in the following manner:
1. At least 10 days prior to the scheduled hearing date, notice shall
be sent by mail to:
a. The applicant and all owners or contract purchasers of record
of the property which is the subject of the application;
b. All property owners of record within 250 feet of the property
for the following types of applications:
(i) Subdivisions;
(ii) Sign Code Exceptions;
(iii) Administrative Sign Variances;
(iv) Sensitive Lands Permits (100-year floodplain);
(v) Conditional Use Permits; and
(vi) Planned Developments;
(vii) Comprehensive Plan Amendments;
(viii) Zone Changes;
(ix) Zone Ordinance Amendments;
C. Any affected governmental agency which has entered into an
intergovernmental agreement with the city which includes
provision for such notice;
d. The affected neighborhood planning organization, if active;
e. Any person who requests, in writing, and pays a fee
established by the Council; and
f. The appellant and all parties to an appeal or petition for
review; and
2. Notice of a hearing on a proposed zone change for a mobile home
nark shall be given to tenants of that mobile home park at least 20
days but no more than 40 days prior to the hearingL and
(2]3. The Director shall cause an affidavit of mailing of notice to be
filed and made a part of the administrative record.
B. At least 10 days prior to the hearing, notice shall be given in a
newspaper of general circulation in the City. An affidavit of
publication shall be made part of the administrative record. (Ord. 89-
06; Ord. 83-52)