Eagle Point City Zoning Code
CHAPTER 17
38 MHS – MOBILE HOME SUBDIVISION OVERLAY DISTRICT
§ 17.38.010 Description, purpose and application.
The MHS mobile home subdivision overlay district's purpose is to provide for areas which have a stable, healthful environment, together with the full range of urban services for those residents choosing to reside in mobile homes located on individually owned lots. This chapter has also been developed to encourage the creation of mobile home neighborhoods and discourage the scattering of mobile homes on individual lots in zones other than MHS or MHP overlay districts. The minimum district size is to be no less than two acres. An additional purpose is to establish minimum standards for the use of real property which will provide protection for the residents and general public and in general promote the public health, safety and general welfare of the city.
These MHS district provisions apply to any base zone which is designated MHS on the city zoning map.
The provisions and requirements of the mobile home subdivision overlay district apply in addition to the provisions and requirements of the basic district.
In those instances where there is a conflict between provisions and requirements in the overlay district with the provisions and requirements of the basic district, the provisions and requirements of the overlay district supersede those of the basic district only when the lot land use is for a use provided for in the mobile home subdivision overlay district.
(Ord. 9-52 § 1 (3.160), 1980; Ord. 9-62A § 1, 1982)
§ 17.38.020 Permitted buildings and uses.
A.
Mobile homes on individual lots. (Each mobile home shall contain at least 600 square feet, meeting standards of construction established by the state of Oregon and the United States of America.)
B.
Accessory buildings and structures are permitted. Accessory buildings other than garages, carports, patios and porches which are not part of the main building shall be separated from the main building by at least four feet. There shall not be more than two accessory buildings allowed for each mobile home dwelling.
(No restriction on conventional housing – Eagle View and North Heights.)
(Ord. 9-52 § 1 (3.161), 1980; Ord. 9-55 § 1 (Exh. A § 6), 1981; Ord. 9-62A § 1, 1982)
§ 17.38.030 Buildings and uses permitted conditionally.
The planning commission may grant a conditional use permit in accordance with the standards and procedure set forth in Chapter 17.84 EPMC and the general provisions for each type use in Chapter 17.52 EPMC and for the following uses:
A.
Group care or group living homes, including homes for the socially and mentally handicapped.
B.
Homes for the aged and infirm.
C.
Nursing homes.
D.
Day care centers, provided they meet requirements of the R-1 district.
E.
Day nurseries and child care centers, provided they meet requirements of the R-1 district.
F.
Planned developments subject to the planned development procedure set forth in Chapter 17.76 EPMC.
(Ord. 9-52 § 1 (3.162), 1980; Ord. 9-55 § 1 (Exh. A §§ 6, 18), 1981; Ord. 9-62A § 1, 1982)
§ 17.38.040 Yard regulations.
In the MHS overlay district, each lot shall have yards of not less than the following size unless otherwise provided for in Chapter 17.52, 17.56 or 17.60 EPMC:
A.
Front yard setback: 15 feet. Exception: garages, carports, other accessory buildings or structures and parking spaces taking access on the front of the property shall be set back 20 feet.
B.
Side yard setback: five feet. Garages and carports exception:
1.
Street side yard setbacks shall be 20 feet.
2.
Two-hour masonry firewall installed at the property line setback may be zero feet.
C.
Street side yard: 10 feet. Exception: garages and carports shall be set back 20 feet.
D.
Rear yard setback: five feet. Exception: zero feet are permitted where a two-hour masonry firewall is installed at the property line.
E.
Swimming pools shall conform to dwelling setback requirements.
(Ord. 9-52 § 1 (3.163), 1980; Ord. 9-62A § 1, 1982)
§ 17.38.050 Building or structural height limitations.
In the MHS district, the maximum building or structural height of a recreation or group use building shall be two and one-half stories or 25 feet, whichever is the lesser. Mobile homes shall be a maximum height of two stories or 25 feet, whichever is lesser. Accessory buildings in the MHS district are limited to one story.
(Ord. 9-52 § 1 (3.164), 1980; Ord. 9-62A § 1, 1982)
§ 17.38.060 Lot regulations.
A.
Area and Dimensions. In the MHS overlay district, the minimum lot area shall be 6,000 square feet for interior lots and 7,000 square feet for corner lots. The minimum lot dimensions shall be a width of 60 feet for interior lots and 70 feet for corner lots. The minimum lot depth shall be a depth of 100 feet.
B.
Coverage and Density. In the MHS overlay district, the maximum lot coverage by all structures shall not exceed 40 percent of the lot area. Patio structures which are open in use and swimming pools not structurally covered shall not be counted as a structure in determining lot coverage.
(Ord. 9-52 § 1 (3.165), 1980; Ord. 9-62A § 1, 1982)
§ 17.38.070 Development standards.
A.
Minimum Size of Mobile Home Subdivisions. All mobile home subdivisions allowed under provisions of this title shall be at least two acres in size, unless the mobile home subdivision abuts an existing mobile home subdivision or mobile home park overlay district.
B.
Minimum Size of a Unit. All mobile homes permitted under provisions of this district shall be at least double-wide units. ("Double-wides" for the purpose of this title are defined as a mobile home unit that arrives at the site on its own running gear designed to be attached to another like or matching unit.)
C.
Site Plan Requirements. Each project developed under provisions of the MHS overlay district shall meet the requirements of Chapter 17.60 EPMC, Site Plan and Landscape Approval. The site plan committee may require additional improvements or development standards as required by the terms of Chapter 17.60 EPMC to protect the occupants or public health, safety or general welfare.
D.
Foundations. Each mobile home located in the MHS overlay district shall be placed and secured on a foundation as determined by the Oregon Manufactured Dwelling Standards.
E.
Parking Requirements. In a mobile home subdivision, two off-street parking spaces are required for each mobile home. An exception may be made by the planning commission for those projects which are developed for the elderly and which it is shown there is no need for more than one car, and which limit, through deed restriction, the number of cars each owner of the project property can park in the area. Chapter 17.72 EPMC provides additional information concerning parking space requirements.
F.
Skirting Requirements. Each structure or mobile home constructed in a mobile home subdivision shall have masonry, metal or wood skirts or coverings installed on all exposed sides from the lower edge of such mobile home, structure, deck, patio, or porch to ground level within 60 days of the installation of a mobile home unit.
G.
Attachments. No indoor living addition shall be constructed onto or become a part of any mobile home constructed in this district. Construction of attached awnings, patios, patio covers, porches, porch covers or storage facilities shall be in accordance with the International Building Code then in effect and as approved by the city.
H.
Repealed by Ord. 9-66.
I.
Roof and underfloor drainage shall be in conformance with the International Building Code.
(Ord. 9-52 § 1 (3.166), 1980; Ord. 9-62A § 1, 1982; Ord. 9-66 § 2, 1984; Amended during 2013 codification)
§ 17.38.080 Occupancy of mobile home outside of a mobile home subdivision.
No person shall use or occupy a mobile home or manufactured home as a dwelling unit, or rent or offer for rent the occupancy or use of a mobile home or manufactured home at any location outside a mobile home subdivision except as provided in EPMC § 17.20.090 and § 17.52.210. Mobile homes and mobile home parks continuously and legally used or occupied on property at the time of this title, or mobile homes used or occupied on property at the time of the property's annexation to the city, may continue as nonconforming uses subject to the provisions of EPMC § 17.52.260.
(Ord. 9-52 § 1 (3.167), 1980; Ord. 9-62A § 1, 1982; Ord. 9-100 § 1, 1991)
