Ord 1731COUNCIL BILL N0. 603
ORDINANCE N0. 1731
AN ORDINANCE AMENDING ORDINANCE N0. 1344, KNOWN AS THE WOODBURN ZONING
ORDINANCE AND RELATING TO CHAPTER 12, MOBILE HOME PARKS AND MOBILE HOME
SUBDIVISIONS; CHAPTER 7 AND SECTION 1.875, THE AUTOMATIC CLASSIFICATION
OF NEWLY ANNEXED AREAS; SECTIONS 29.030, 30.020 and 31.020 REGARDING
POLLUTION AUTHORITY APPROVAL; AND SECTION 22.110, CRITERIA FOR EVALUATING
A SITE PLAN-.AND DECLARING AN EMERGENCY.
WHEREAS, t:he Common Council of the City of Woodburn finds that
these amendments are necessary for the preservation of the public peace,
health and safety.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. The Woodburn Common Council hereby adopts the amendments
to the Woodburn Zoning Ordinance as part of the official Zoning Ordinance for
the City of Woodburn as identified in 'Exhibit A' attached to this ordinance.
Section 2. One copy of the adopted amendments to the Zoning Ordi-
Hance shall be filed with the City Recorder and one copy shall be available
for public inspection upon demand in the Planning Department.
Section 3. This ordinance being necessary for the immediate preser-
vation of the public peace, health and safety, an emergency is declared to
exist and this ordinance shall take effect immediately upon passage by the
Council and approval by the Mayor,
,~ .
,.
APPROVED:
E.~WALTER LAWS N, MAYOR
Page 1 - COUNCIL BILL N0. 603
ORDINANCE N0, 1731
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
a
ATTEST: ~~,`~ ,~, '~ ~L~~~~~~~ ~•~
Barney ,. Burr~.s, Recorder
City of Woodburn, Oregon
___,.,.,p~r~~.m~e r 8 ,~ 19 8 0
December lOt 1980
December 10~ 1980
December 10, 1980
Page 2 - COUNCIL BILL N0. 603
ORDINANCE N0. 1731.
ZUfJING ORDINANCE N0. 1344 AMENDMENTS
EXHIBIT A
Chapter 12
MOBILE HOME SITING STANDARDS
12,010, IfdTENi and PURPOSE
12.020. DEFINITIONS
12.030. EXPANSIOPJ or ALTERATION OF f~90BILE HOME PARKS
12.040. MOBILE HOME PARK USE PERMIT REQUIRED
12.050. SITE PLAfd REVIE~J REQUIRED
12.060. PUBLIC HEARING
12,070. ~1INIMUM REQUIREMENTS
12.080. ~10BILE H0~1E SUBDIVISIONS
12.Oy0. MOBILE H0~9ES IN SUBDIVISIONS
MOBILE HOME PARKS
12.010. INTENT and PURPOSE. It is the intent and purpose of the
provisions of this chapter:
(A7 To permit and encourage the location of single-
family mobile homes in mobile home parks in a RM
District with conditions to insure computability
with the surrounding neighborhood;
(B) To permit and encourage higher density mobile
home parks as safe and healthful living areas in a
RM District;
(C~ To provide site plan review of mobile home parks
to insure compliance with the intent and purpose of
this chapter, the provisions herein contained, and
protection of the public health, safety, and wel-
fare, including that of the residents therein and
the residents in the surrounding neighborhood.
iZ.020. DEFI~dITION. The following terms are defined for the purpose
of this chapter and do not apply otherwise to the Woodburn
Zoning Ordinance:
(A) MOBILE HOME PARK. Any place where four or more
mobile homes are located within 500 feet of one an-
other on a lot, tract or parcel of land of not less
than three acres under the same ownership, the pri-
mary purpose of which is to rent space or keep space
for rent to any person fora charge or fee paid or to
be paid for the rental or use of facilities or to offer
space free in connection with securing the trade or
patronage of such person.
(1}
(B} PARK STREET, A private way which affords prin-
cipal means of access to abutting individual mobile
home spaces and permanent park structures.
(C} SPACE. Any area or portion of a mobile home park,
which is designated or used for occupancy by one
mobile home.
(D) STAND. That portion of the mobile home space
reserved for the location of the mobile home.
12.030. MOBILE HOME PARK USE PERMIT REQUIRED. No person shall
establish, operate or occupy a mobile home park without
first obtaining a mobile home park use permit pursuant
to this Chapter. No such permit shall be required of
any mobile home park established as lawful nonconform-
ing uses subject to the provisions of Chapter 6 of the
Woodburn Zoning Ordinance.
12.040. EXPANSION or ALTERATION of M06ILE HOME PARKS. Exist-
ing mobile home parks may be expaned or altered after
approval is obtained from the Planning Commission. The
application shall be filed and processed as an appli-
cation fora mobile home park use permit.
12.050. SITE PLAN REVIEW REQUIRED. (a) Application fora per-
mit shall be made on forms provided by the Planning
Department for such purpose, shall be complete as to
all matters of information requested thereon and shall
include:
(2)
1) The names and addresses of the applicants;
2) The names and addresses of all owners of
the property subject of the application, in-
cluding contract vendors and purchasers;
3) The names and addresses of any ]essees of
the subject property;
4) The legal description of the subject pro-
perty;
5) The zoning classification of the subject
property;
~~ 6) The number os spaces proposed;
7) The name and address of the architect,
engineer or other designer of the park.
12.060. PUBLIC HEARING. A public hearing shall be held as provided
in Chapter 11 of the Woodburn Zoning Ordinance, except that
the notification area shall be 250 feet.
12,070. MINIMUM REQUIREMEPJTS, All newly developed mobile home parks
and additions to existing mobile home parks are subject to
the minimum standards and conditions set forth in this section.
The Planning Commission may prescribe such additional condi-
tions as the particular circumstances may require for the pro-
tection of the health, safety and welfare of the residents in
the vicinity of the development consistent with the intent and
provisions of this ordinance,
(A) DENSITY: The maximum density of a mobile home park
shall not exceed ten mobile homes per gross acre.
(3)
(B) MINIMUM AREA: No mobile home space shall contain
less than 3,000 square feet and the average of all the
mobile home spaces shall not contain less than 4,000
square feet and no driveway, play area, service area ~,
or other area required by this ordinance shall be con-
sidered as providing any part of the required mobile
home space.
~C} SPACE COVERAGE: Not more than 40 percent of a
mobile home space may be occupied by a mobile home
and any other structures used in conjunction with
such mobile home whether or not it is attached to
the mobile home.
~D} ON-SITE STORAGE: The outdoor storage of furni-
ture, tools, equipment, building materia]s or supplies
belonging to the management of the park shall be screen-
ed. Screening shall be sight-obscuring and shall blend
with the park environment.
(E) STREET NAMES and ADDRESSES:
to be named and street addresses
mobile home spaces, they will be
accordance with the ordinances o
(F} FIRE HYDRANTS: Each hydrant
If the park streets are
assigned to individual
named and numbered in
f the City.
within the park shall
be located on a public or park street and shall conform
in design and capacity to the requirements of the Oregon
Fire Rating Bureau.
~G} STREET STANDARDS: Park streets shall conform to the
following requirements:
~4)
(]) Park streets shall be a minimum of 20 feet in
width, curb to curb; provided that if parking is to
be allowed on either side of the street the minimum
width shall be increased by eight feet for each side
of the street on which parking is to be allowed.
Parking shall be parallel.
(2) Streets shall be paved with cement or asphaltic
concrete, and designed and constructed to adequately
support traffic ]oads and provide adequate drainage,
all as approved by the Director of Public Works.
(3} Street curbs to the specifications of the Public
Works Director shall be provided.
(H) CONNECTION TO A PUBLIC WAY: The park street system shall
have direct connection to a public street.
(I) PARKING: There shall be two automobile parking spaces for
each mobile home space; parking spaces may be designed end-to-
end, side-by-side or provided in off street parking areas.
(J} WALKS: Provisions shall be made for hard-surfaced, well
drained walks, not less than 48 inches in width, from each
mobile home space to the park buildings and to a public or
park street.
(K) LIGHTING: Streets and walkways designed for the general
use of the park residents shall be lighted during the hours
of darkness. Such lighting shall not be under control of
the mobile home occupant.
(5}
(L} DRIVEWAY: Each mobile home space within the park shall
have direct access to a park street or to a public street.
The driveway shall be an unobstructed area, sha11 be not
less than 10 feet in width, shall be constructed of a hard
surface material, shall be well drained and shall meet the
standards of the Public Works Department for residential
driveways.
(M} SEPARATIONS and SETBACKS: Building separation and set-
backs from the park boundary for mobile homes, accessory
structures and buildings shall conform to the following:
(1) A mobile home shall not be located closer than
15 feet to any other mobile home or closer than 10
feet to a building.
(2) The minimum distance between a mobile home and
any property line (excluding mobile home space bound-
aries) shall be 10 feet.
(3) Adjacent to any street, there shall be a yeard of
at least 20 feet in depth, measured from the street
right-of-way line of such street, unless such yard be
adjacent to a street with a special setback line, in
which case the greater setback shall prevail.
(4} The minimum distance between a mobile home and any
common driveway or cor~non walk (excluding those in a
mobile home space} shall be five feet.
(6)
(N} PLAY AREAS: If the mobile home park accomodates child-
ren under 14 years of age, there shall be provided a separate
play area restricted to that use. At least 100 square feet
of play area shall be provided per mobile home space; pro-
vided, however, that no such play area, regardless of the
number of mobile home ;spaces, shall be less than 2,500 square
feet. The play area shall be protected from all streets,
driveways and parking areas by a fence, or the equivalent,
at least 30 inches in height.
(0} FENCES: The Planning Commission may require that an orna-
mental fence, wa]1 or hedge be established and maintained be-
tween the mobile home park and other land uses.
(P} MINIMUM WIDTH: No mobile home space shall be less than
30 feet in width at its driveway frontage,
(Q) PATIO: Each mobile home space shall have a slab or patio
of concrete, aspf~alt, flagstone or a similar substance not
less than 20 feet in length and six feet in width adjacent
to each mobile home parking site.
(R) PARKING of MOBILE HOMES: Mobile home parks may accomodate
only mobile homes and not vacation trailers except for storage.
A mobile home shall not remain over-night in a mobile home park
unless it is in a mobile home space. Not more than one mobile
home shall be parked at one time in a mobile home space.
(~)
(S) FOUNDATIOf~: Mobile homes and accessory building,found-
ations shall be of sufficient strength to support the loads
imposed by the mobile home, based on accepted engineering
design standards as approved by the Building Official or
City Engineer. Foundations, tie-downs or other supports
shall be provided to withstand the specified horizontal, up-
lift and overturning wind forces on a mobile home and any
attached or supported structures based on accepted engineer-
ing design standards, as approved by the Building Official
or City Engineer.
(T) ADDITIOPd to MOBILE HOMES: Car ports, cabanas, awnings
and all other structures, whether defined herein or not
which are situated upon a mobile home space, shall conform
to the requirements of the City Building Code and Health
Department regulations. Such additions and structures shall
be considered as a portion of the mobile home for determin-
ing the extent of lot coverage, setback lines and all other
requirements for mobile homes in like manner as if such addi-
tions and structures were a part of such mobile home.
(U) STORAGE SPACE: A storage space having an area of at least
seventy-five (75) square feet shat] be provided in an accessory
building for every mobile home space. The building shall be
structurally compatible and completed within 30 days following
the placement of the mobile home.
(V~ OTHER STANDARDS: Any other regulations required by the
State Department of Commerce.
(8)
MOBILE HOME SUBDIVISIONS
12.080. MOBILE HOME SUBDIVISION: A subdivision may be designated
for exclusive mobile home development in an RS District and
mobile homes may be located therein.
12.090. MOBILE HOMES in SUBDIVISIONS: All mobile homes located in
mobile home subdivisions are subject to the minimum stand-
ards and conditions set forth in this section.
(A} DWELLING UNITS PERMITTED: Only those mobile homes used
as permanent residences; which exhibit the Oregon Department
of Commerce "Insignia of Compliance" that indicates conform-
ance with Housing and Urban Development (HUD} standards shall
be permitted. Such mobile homes shall be at least 24 feet
wide, with exterior dimensions enclosing a space of not less
than 800 square feet. In addition, the mobile home shall have
siding materials similar to that presently used on houses con-
structed under the Uniform Building Code (UBC}; a composition,
wood shingle or shake roof, at a minimum slope of two inches
in 12 inches (16 percent); and unless the mobile home is set
on a ground level foundation, skirting which in design, color
and texture appears to be an integral part of the adjacent
exterior wall of the mobile home.
(B} The minimum acreage for a mobile home subdivision is 3
acres.
(9}
(C} FOUhJDATIONS and SET-UP: Mobile homes shall be attached
to permanent and continuous foundations which maintain the
floor level at no more than 24 inches above grade. The
foundations shall be of sufficient strength to support the
loads imposed by the mobile, based on accepted engineering
design standards, as approved by the Building Official or
City Engineer. Foundations, tie-downs or other supports
shall be provided to withstand the specified horizontal, up-
lift and overturning wind forces on a mobile home, based on
accepted engineering design standards, as approved by the
Building Official or City Engineer. Ali wheels and towing
assemblies shall be removed.
(D) REMOVAL: If a mobile home is removed from its foundation
and not replaced by another mobile home within 30 days, the
owner of the lot shall immediately thereafter remove the
foundations, additions, and accessary structures, as well as
disconnect and secure ail utilities, unless an extension of
time not to exceed 60 days is granted by the Building Official
for good cause shown.
(E) MINIMUM LOT SIZE: Minimum lot sizes shall conform to the
standards specified in the RS District.
(F) SETBACKS: Setbacks shall conform to the standards specified
in Section 12.070 subsection (m} of this ordinance.
(G) OTHER STANDARDS: A mobile home subdivision is subject to
applicable standards, specifications and requirements of this
and other ordinances.
(10)
i. ...
r
ADUITIUNAL ZONI~dG ORDINANCE
AMENDMENTS
PRESENT LANGUAGE:
SECTIOrd 7.010 of the Zoning Ordinance requires "Automatic Classifi-
cation" of newly annexed lands as RS (Residential Single Family)
provided that County lands have not already been zoned by either
the City or the County,
SECTION 7,020 requires that RA (Rural Agricultural) land shall, when
a subdivision is duly approved and platted, be "classified automati-
cally" as a RS district,
Since all urbanizable land is already zoned by the County, and planned
by the City, Section 7,010 has no effect, It is, however, misleading
and should be deleted from the Zoning Ordinance, Section 7.020 vio-
lates case law, since it authorizes subdivision approval which is con-
sistent with the underlying zone and because it authorizes a zone
change without going through necessary quasi-judicial procedures,
LANGUAGE Ai'~ENUh9ECdT:
Delete Chapter 7 ail together and reserve it for expansion and amend
Section 1,875 to read as follows:
"1, X75, Z~N1NG N~WLy ANN~X~~ AREAS, Ar~y atcea on 1~ar~ v~ a~
a~cea he~cea~~e~i ar~r2.exed ~U the C.i~ y ~sha~ be p~a.ced avrd c.~a~s~.i-
~~.ed ~in a zvne ~ha~ ~ce~.~ect~s the de~tig~.a~c:c~r~ a~ ~sa,Ld atcea are
the v~~~icia,Q,~y adv}~~ed Land Use P~ar~, The P~a.~.ru-~g Cvmm.us~~.a~.
~sha,~,2 ho.~d a Pub.Q,LC Hecc~u,r~g and rnah.e a necammenda~:an ~a the
Cammvr~ Caur~c.i,2 ~vn the a~~~cv~rcta~e z~ru.~cg fah arry such ahea,
(11)
~Sc~u.}~~ letters represent language amendment and/or additions,
PRESENT LANGUAGE:
Sections 29.020, 30.030, and 31.020 require the written approval
of DEQ Department of Environmental Quality} prior to issuance of
food processing, furniture manufacturing or "paper and allied pro-
ducts -assembly". Other manufacturing activities are not specifi-
cally required by ordinance to meet DEQ standards. Woodburn's
Zoning Ordinance does include specific industrial noise standards
(Section 29.110 (B), 30.100 and 31.090}. These standards do not
reference DEQ standards which must be implemented by local govern-
ments.
LANGUAGE AMENDf~ENT:
Amend Section 29.030, 30.020 and 31.020 to read;
"Sec~tiarr 29.030 (an 30.020 arc 31.030) . Pa~eu~,c;a~. Au~hatuty Ar~~r.avae.
A~ uses ~s~ec,L~tied ~i~ Sectc;an 29.010 aid 29.040 an Sec~;a~c 30.020 a~cd
30.030 an Sec,~,t,an 31.010 aid 31.030 ~sha.~ ab~at,~ a~~nava.~ ~rcam ~h.e
~nega~ S~a,~e ve~arc~men~ a~ Evcv~vr.a~.me~ta,2 2uty and/an M.td-W.~P,~amette
Va~ey x.vr. Pa.~eu~;arc Au~hantty be~a~.e a~~nava.~ by the C.i~y. Such
ap~.ava~ ~~.a,Q,~ ~al~e .cwta ca~tide~'uc~,t,a>2 avg. gcu~y, Gcea~, g,~ahe, a~.d
~,ig ~.t, ~ca~ e, ~ ewag e anal v.~bna~;a ~." .
Also Section 29.010 (B} should be amended to read;
"(U} Industrial Uses:
1) Appliances, office and electrical product equipment manufactur-
ing.
2 J ~aad, gna.i-~, deed a~.d delriva~,ive ~naduct~ ~r.ace~s~.~ng.
3) Eun.rututc.e aid ~y.ixtutce~ ma~.u~ac~utu'.~g.
4) Leather and leather products manufacturing.
5) Metal fabricated products manufacturing.
G j Pa~etc and a~Q,{.ed ~naduc,~-a~s~semb~y.
7} Printing, publishing and allied industries.
(12)
F , _.,~
s
8} Professional, scientific and controlling equipment
manufacturing.
y) Rubber and allied products manufacturing.
10) Textiles and apparel manufacturing and fabrication of
textile products,
11) Textiles and apparels -other facilities.
12} Tobacco processing.
13} Transportation equipment and manufacturing.
Delete Section 29.110, 30.110 and 31.090.
PRESENT LANGUAGE:
V~Joodburn`s Zoning Ordinance offers several roadblock's to approval
of mobile home developments through vague conditional use, planned
unit development and high density zoning standards, The Comprehen-
sive Plan calls for mobile home parks in hgih density areas and mobile
home subdivisions in low density areas, yet mobile homes are not allowed
under clear and objective standards in any residential zone, in vio-
lation of LCDC's Housing Policy.
LANGUAGE Ai~ENDMENT:
1 } Add a Seeti on (" (1j mab.i,~e home ~u~bd~iv.us~.an u~hen deve,~a~aed
a.~ ~etuse~u,bed tin Cha~~eh T 2" j to 19.010.
2) Amend Section 23,030 subsection (b) to read:
(" (bj mab.i~e name Ranh. uthen deve,~a~ed ass ~e~use~u.bed by Char~~en
12"j
3) Amend Section 21.010 subsection (A} to read:
(" (A) tiny use ~ehmi~ed undeh 19, Ol0 (A) ~hnaugh ( I) "j .
4) Amend Chapter 12 as specified in attachment I.
5) Delete 1.570 Trailer Parl: Mobile Home Park.
(13)
6} Amend Section 1,380 to read:
"Sec,~,a n 1.3 ~ 0. Ma bide Hame. A ~s~c.uc~u~ce ghat .~ draws 1aa~-
ab~e ~n a ~e ah mane ~ ec~c.a ws a n ~ub.e,~,c Gu g hwa yes; ! ,w ~ ~ cGc ma y
be bu.t,Q,t arc a ~ehma~ce~,t ~au~.dutc.a~. wh~e~, ca-~~.ec~ed ~a ~~e
nequvr.ed ~e~s; a~.d .~s de~s.igned Marc use ass a ne~s~.dence
bud w~i.ch hays nab beep. demaws~tcated ~a car~~anm ~a the t~equ~vice-
mews a~ the ~u~d.~~cg Cade Marc a~G~en ne~s~,de~cce~s. 1~ dae~s ~.a~
,c.~c~ude vaca~,%a-~ an ~ra,ve~ ~~a,%~e~vs".
7) Delete Section 1.385, Mobile Home Park.
PRESENT LANGUAGE:
Developments in the high density RM and RL zones are subject to vague
and discretionary approval criteria. Although the purpose of these
criteria is acceptable to LCDC, they are not stated in objective or
measurable terms, and as such violate the Commission`s Housing Policy.
LANGUAGE AMENDMENT:
Amend Section 22,110. Criteria and Standards. To read:
" Sec~,{,a~i 2 2.110. Cjri~errt.a fan Eva~2ua~c:ng a S.~e ~~a-~. T~,e P~a~,wt.rtg
Camm~s~stia~ ~sG~a,~,Q, ti~ exenc,L~s~~ig an ~en~anmti~cg ~ pawe~us, dcrt,{ ens an
~unct,{.aws, de~enrn~.~e whe~hen an ~.a~ the ~na~a~s ed ~s.i~e deve~a~mewt ~
tirc car~~anm.~y w,~th, the ~s~,te deve.~a~mewt hegc~,vr.emewt~s a~ ~Grus a~.d
ashen a~~.~.cab.~e ahdivra-~ce~s".
X14}
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1731, one of which said copies posted in the
City Hall on the bulletin board opposite the entrance to
the Recorder's Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn Public
Library bulletin baard at 280 Garfield Street, in full view
of the traveling public; a third one of said copies posted
on the Community Center bulletin board at 491 N. Third St.,
in full view of the traveling public; that all of said
places are public places within the corporate limits of the
City of Woodburn and all of said copies were posted on the
.~~-
,,~ day of ~~ ,1980
.~
i A„
ney 0. urr's, Recorder
City of Woodburn, Oregon