HomeMy WebLinkAbout80-206VOL WGE 86
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adding Sections to Ordinance
No. PL -15 Relating to Selected Residential
Areas for Single -Wide Mobile Homes and
Providing Standards and Criteria Relating
to the Approval of Single -Wide Mobile Homes;
in Residential Areas, and Amending Section
4.060(3)(N) of Ordinance No. PL -15 to
Allow Non -Farm Related Single -Wide Mobile
Homes in the Multiple Use Agricultural
(MUA) Zone; and Declaring an Emergency
ORDINANCE NO. 80-206
WHEREAS, ORS 215.416 provides that the approval or
denial of a land use permit application must be based on
standards and criteria set forth in the Zoning Ordinance or
other appropriate ordinances or regulations of the County; and
WHEREAS, the Comprehensive Land Use Plan of the County
provides that single -wide mobile homes shall be permitted in
selected residential areas, and as part of mobile home parks
or planned developments; and
WHEREAS, the Comprehensive Land Use Plan of the
County provides that single -wide mobile homes should not be
permitted on individual lots in urban density residential areas
which have already substantially developed with conventional
housing, unless single -wide mobile homes were part of the
original development plan; and
WHEREAS, no standards and criteria have been provided
for the approval or denial of single -wide mobile homes in urban
density residential areas; and
WHEREAS, the Planning Commission and Board of County
Commissioners have held hearings in accordance with law; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Le islative Findings. The Board of County
Commissioners in s and declares that:
1. A lot size of 2.5 acres is an urban density
residential lot 6utsideaurban'growth boundaries, in Deschutes
County, Oregon.
ORDINANCE NO. 80-206, PAGE 1
VOL87
2. That the word substantially is similar in meaning
to the wordrp imar_ily, which, -according to Oregon case law, means
"fifty percent of a. particular characteristic."
3. Deschutes County has consistently used the concept
of "original development plan" to refer to a subdivision plat within
which a proposed site exists.
4. Where no subdivision plat is available to determine
an area, an area 1600 feet in radius on a map would be of an area
approximately equal to a majority of rural residential subdivisions
within Deschutes County, Oregon.
5. The Deschutes County Planning Department has a list
of subdivisions which have designated mobile homes as part of the
"original development plan."
6. The reference to non-farm related single -wide mobile
homes in the Multiple Use Agricultural (MUA) Zone should have been
Section 5.140. As a result of a typographical error, Section 5.100
was designated as the mobile home criteria in the Multiple Use
Agricultural (MUA) Zone.
Section 2. Ordinance No. PL -15 is amended by the
addition of Section 3.050, which reads as follows:
Section 3.050 SELECTED RESIDENTIAL AREAS FOR SINGLE -
WIDE MOBILE MOBILE HOMES. Single -wide mobile homes s a
e permitted as a conditional use in the following
residential zones:
(1) Multiple Use Agricultural (MUA).
(2) Rural Residential (RR -10).
(3) Rural Service Residential (RSR -M).
(4) Rural Service Residential -5 (RSR -5).
Nothing in this section shall limit the placement of
a single -wide mobile home as a conditional use in
any other zone where the placement of a single -wide
mobile home is allowed as a conditional use.
Section 3. Section 4.060(3)(N) of Ordinance No. PL -15
is amendedt- o reaCl as follows:
(N) Non-farm related single -wide mobile homes as
provided in Section 5.140.
Section 4. Ordinance No. PL -15 is amended by the
addition of subsection (10.1) to Section 8.050, Specific Use
Standards, which reads as follows:
ORDINANCE NO
80-206, PAGE 2
VOL 416PAGE 68
(10.1) Standards and Criteria R_e_la�tin� to the
Approval of a Single -Wide Mobile Home
in a Residential Area Selected Un er
Section 3.050.
(A) A single -wide mobile home shall be
denied as a conditional use in a residential
zone selected under Section 3.050
(a) The mobile home will be placed on an
individual lot; and
(b) The lot is in an urban density
residential area; and
(c) The area is substantially developed
with conventional housing.
(B) For the purposes of. subsection (10.1) of
this section:
(a) An "area" is a platted subdivision,
or, if a lot or parcel is not in a
platted subdivision, an area, the
boundaries of which include any lot
or parcel any portion of which is
within 1600 feet of the boundary of
the lot or parcel upon which an
application has been filed to site a
single -wide mobile home.
(b) An area is an "urban density residential
area" if the average lot size is 2.5 acres
in area or less.
(c) An area is "substantially developed
with conventional housing" if 50% or
more of the lots have housing units which
were constructed in the area located on
them. A housing unit is deemed to
be constructed if a building permit number
has been issued by the Deschutes County
Building Department.
(C) Nothing in this subsection shall apply to
a single -wide mobile home placement if
single -wide mobile homes are part of the
original development plan on file with the
Deschutes County Planning Departmentand
the lot where the single -wide mobile home is
to be placed is designated for single -wide
mobile homes in that plan.
ORDINANCE NO. 80-206, PAGE 3
of ?m SO
Section 5. This ordinance being necessary for the
immediate preservation of public peace, health and safety, an
emergency is declared to exist, and this ordinance takes effect
on its passage.
DATED this JJW day of 1980.
ATTEST:
-RJCHARDSON
' • •
ORDINANCE NO. 80-206, PAGE 4
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON