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HomeMy WebLinkAbout2898 Manufactured Housing Ordinance No. 2898 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AMENDING CERTAIN SECTIONS OF TITLE 17 OF THE PORT TOWNSEND MUNICIPAL CODE, ZONING DEFINING DUPLEXES, TRIPLEXES, FOURPLEXES, TOWNHOUSES, AND ATTACHED SINGLE-FAMILY DWELLINGS; AND, ESTABLISHING STANDARDS FOR THE PLACEMENT OF MANUF ACUTURED HOUSING INTENDED TO COMPLY WITH SENATE BILL 6593; AND, DECLARING AN EMERGENCY AND THE NEED TO AMEND THE PORT TOWNSEND COMPREHENSIVE PLAN OUTSIDE OF THE ANNUAL AMENDMENT CYCLE TO MODIFY POLICY 7.3 OF THE LAND USE ELEMENT TO PERMIT MANUFACTURED HOUSING IN ALL RESIDENTIAL ZONING DISTRICTS THROUGHOUT PORT TOWNSEND SUBJECT TO APPROPRIATE STANDARDS WHEREAS, on March 31, 2004 State Senate Bill (SB) 6593 was passed into law prohibiting all Washington State cities, towns, and counties from regulating manufactured housing differently than site built housing, provided that manufactured housing could be required to be "new," sited on a permanent foundation, and otherwise meet the definition of "designated manufactured housing" including minimum dimensions of24 ft. wide by 36 ft. long; and WHEREAS, the 1996 Comprehensive Plan contains Policy 7.3 of the Land Use Element and Policy 4.1.2 of the Housing Element permit manufactured housing in all single family residential districts, with the exception of the Port Townsend National Register Historic District; and WHEREAS, the City's development regulations enacted in 1997 to implement the Comprehensive Plan permitted manufactured housing in all single-family residential zoning districts with the exception ofthose located within the Port Townsend National Landmark Historic District; and WHEREAS, Comprehensive Plan Policy 7.3 and implementing development regulations of Port Townsend Municipal Code Chapter 17 zoning must be modified prior to July 1,2005 to be consistent with SB 6593; and WHEREAS, the existing definitions contained in Title 17 Zoning Code for the terms "duplex," "triplex," "fourplex," and "townhouse," "dwelling, single family attached," are inconsistent with adopted building codes and internally inconsistent and requiring amendment; and WHEREAS, the Washington State Department of Community Trade and Economic Development has been notified of the proposed amendments and provided 60 days to review and comment on the proposal; and Ordinance 2898 WHEREAS, a State Environmental Policy Act (SEP A) determination of nonsignificance (DNS) was issued on April 13, 2005; and WHEREAS, public notice was provided and a public hearing held before the Planning Commission on April 28, 2005; and WHEREAS, public notice was provided and a public hearing held by this City Council on June 20, 2005; NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record before the Port Townsend Planning Commission and City Council, the City Council hereby ordains as follows: SECTION 1. The following amendments to PTMC Chapter 17.08 Zoning Code Definitions regarding manufactured homes are hereby proposed (underline added, strikeout deleted): "Manufactured home" means a single-family residence constructed after June 15, 1976, in accordance with the u.S. Department of Housing and Urban Development (HOD) requirements for manufactured housing, and bearing the appropriate insignia indicating such compliance. It is a structure, transportable in one or more sections, which is designed to be used with or without a permanent foundation when connected to the required utilities. (Note: Manufactured homes were formerly called "mobile homes" before the federal government assumed control of the construction standards for the industry by way of the National Manufactured Home Construction and Safety Standards Act of 1974 (42 u.S. Code, Section 5401)). Manufactured homes must also meet the following requirements: 1. Set on a permanent foundation with the space from the bottom of the home to the ground enclosed by either load bearing concrete or decorative concrete or masonry blocks so that no more than one foot of the perimeter foundation is visible above grade; 2. Originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof; and 3. Originally constructed within 3 years of the date proposed for placement. The term "manufactured home" does not include "modular home." 2 Ordinance 2898 SECTION 2. Port Townsend Municipal Code Chapter 17.16.020 Residential Zoning Districts - Permitted, Conditional, and Prohibited Uses is proposed to be amended as follows: Table 17.16.020 Residential Zoning Districts - Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outriþht; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT l R-I I R-ll I R-III I R-IV , APPLICABLE REGULATIONSINOTES STNGLE-F AMIL Y RESIDENTIAL USES Manufactured homes P P P (on individual lots) x Manufactured homes, whether used as single-family residences or as an ADD, meeting the definitions for "manufactured home" and set on a permanent foundation with the space from the bottom of the home to the ground enclosed by either load bearing concrete or decorative concrete or masonry blocks so that no more than one foot of the perimeter foundation is visible above grade; are permitted are prohibited within the limits of the Port Townsend National Register Historic District, but allowed on individual lots in R-I, R-II and R-III zoning districts; subject to ami PTMC 17.16.030, Bbulk, dimensional and density requirements. Title to the manufactured home shall be eliminated as a condition of building permit approval, and no certificate of occupancy shall issue until the applicant has completed correctly the title elimination process. The placement of manufactured homes that were constructed more than 3 years prior is prohibited. SECTION 3. The Port Townsend Municipal Code, section 17.16.020(C) Accessory dwelling units is proposed to be amended as follows: C. Accessory Dwelling Units - Limitations on Use. One accessory dwelling unit (ADU) may be established as an accessory use to a single-family residence provided the following conditions are continuously met: 1. A certificate of occupancy pursuant to the currently adopted city construction codes Uniform Building Code shall be obtained from the building official and posted within the ADU. The code inspection and compliance required to obtain a certificate of occupancy in an existing building shall be restricted to the portion ofthe building to be occupied by an ADU and shall apply only to new construction rather than existing components, except that any high hazards 3 Ordinance 2898 (i.e., smoke detectors, fire exits, stairways, LP gas appliances and fire separation) shall be corrected. Where additional fire separation is unduly burdensome, the building official may authorize a fire alarm system in lieu of required fire separation. 2. The owner ofthe subject property shall reside on the premises, whether in the main or accessory dwelling; provided, that in the event of illness, death or other unforeseeable event which prevents the owner's continued occupancy of the premises, the director may, upon a finding that discontinuance ofthe ADU would cause a hardship on the owner and/or tenants, grant a temporary suspension of this owner-occupancy requirement for a period of one year. The director may grant an extension of such suspension for one additional year, upon a finding of continued hardship. In the case of an ADD established prior to March 6, 1995, but after August 17, 1971, if the property on which the ADU is located complies with all of the requirements of this section except owner-occupancy, the ADU property may continue without occupancy by the owner until the property is sold, exchanged or otherwise transferred to a different owner. 3. Neither the main nor accessory dwelling unit shall be used as a transient accommodation. 4. ADUs established in an outbuilding shall not exceed 800 square feet in floor area, and under no circumstance shall the total lot coverage of the primary residence along with the ADU exceed the standard allowed in the underlying zoning district. 5. In order to preserve the outward appearance of single-family neighborhoods, the front of the house shall have only one exterior entrance. 6. An ADU may be established in a residence or outbuilding that wffieh is legal, nonconforming with respect to required setbacks if entrances are no closer than five feet to neighboring property lines, and if each side window that wffieh is closer than five feet to a side property line and that whieh is also closer than 20 feet to either the front or rear property line is permanently glazed with translucent material; provided, that the director may permit an entrance as close as three feet to a neighboring property line upon a finding that no feasible alternative exists. 7. No additional off-street parking is required to establish an ADU; provided, that the off- street parking requirements for the other uses on the site are continuously met. SECTION 4. The Port Townsend Comprehensive Plan, Land Use Element, Pages IV-18 to IV -19 is proposed to be amended as follows: Goal 7: To accommodate the population growth objectives for the City of Port Townsend and to further the objectives of the Housing Element ofthis Plan. Policy 7.3: Allow manufactured homes (which meet the HOD Code) on single-family lots in all residential zones except the National Register Historic District, provided that they comply with the requirements of the Washington State Energy Code for single-family homes, or its equivalent, and further_provided that the manufactured homes meet applicable age and design standards established in the zoning code. The intent of this policy is to recognize manufactured housing as a legitimate housing choice for Port Townsend residents. {Note: The Pert Townsend National Regi~ter Historic District is recognized as containing some of the West's majQf Victorian architectural resources. Manufactured housing is an incompatible use in this area]. 4 Ordinance 2898 SECTION 5. The Port Townsend Comprehensive Plan, Housing Element, Page V-4 is proposed to be amended as follows: Goal 4: To promote a variety of housing choices to meet the needs of Port Townsend residents and to preserve and encourage socio-economic diversity. Policy 4.1.2: Amend the zoning code to allow manufactured homes (which meet the HUD Code) on single-family lots in all residential zones, except the National Register Historic District, and furthecprovided that they comply with the requirements of the Washington State Energy Code for single- family homes, or its equivalent, provided that that the manuíàctured homes meet applicable age and design standards established in the zoning code. It is not the intent ofthis plan to promote the development of traditional mobile home parks. Instead, the intent is to recognize manufactured housing as a legitimate housing choice, which should be made available to Port Townsend residents. SECTION 6. The following amendments to PTMC Chapter 17.08 Zoning Code, Definitions for duplexes, triplexes, fouplexes, and townhouses are hereby proposed (underline added, strikeout deleted): "Duplex" means a single building structure containing two attached dwelling units, either side by side or above one another separated by fire-resistive common wall or common floor/ceiling assemblies. Over and under duplexes shall have common floor-ceilings between dwelling units. For purposes of this title, units in a duplex are considered single-family dwellings within R-I and R-ll districts; provided, that the base density requirements ofthe district are not exceeded. See also "Dwelling, single family attached,'.~ "Triplex," and "Fourplex." "Dwelling, single-family attached," means a dwelling having any portion of a wall in common with up to three adjoining dwellings a duplex, triplex, or fourplex as defined by this title. "Fourplex" means a single building containing four attached dwellings units in-one building ffi which each unit has at least one open space exposure and shares one or two walls with adjoining Hffits, either side by side or above one another separated by fire-resistive .common wall or common floor/ceiling assemblies. Over and under fouplexes shall have common floor-ceilings between dwelling units. For purposes of this title, fourplexes are considered single-family dwellings within R-I and R-JI districts; provided, that the base density requirements of the district are not exceeded. See also "duplex" and "triplex." "Dwelling, multifamily," means a building containing five or more dwelling units, including units that are located one over the other. "Townhouse or rowhouse" means multiple, single a-eÐe family dwelling units in a row comprising a single building of at least five such dwelling units in which each dwelling unit has its own front and rear access to the outside, no dwelling unit is located over another unit, and each dwelling unit is separated from any other dwelling unit by one or more vertical common fire resistant walls. For purposes of this title, toWIÙlOuses or rowhouses of five or more 5 Ordinance 2898 residential units are considered multifamily dwellings. See also "Duplex," "Triplex," "Fourplex," "Dwelling, single-family attached," and "Dwelling, multifamily." "Triplex" means a single building containing three attached dwelling units, either side by side or above one another separated by fire-resistive common wall or common floor/ceiling assemblies. each of which has direct access to the outside- or to a common hallway which accesses the outside. Over and under triplexes shall have common floor-ceilings between dwelling units. For purposes of this title, triplexes are considered single-family dwellings within R-I and R-II districts; provided, that the base density requirements of the district are not exceeded. See also "duplex" and "fourpIex." (i.e., four dwelling units per acre within the R J district; eight dwelling units per acre within the R II district). SECTION 4. Severability. If any sentence, clause or phrase ofthis ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase or work of this ordinance. SECTION 5. Effective Date. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this fifth day of July, 2005. (!~.:2 ~.~ Catharine Robinson, Mayor Attest: Approved as to Form: Çdr:¿, 2]~ ~~ John P. Watts, City Attorney 6 Ordinance 2898