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Home My WebLink AboutR-2005-095 Moratorium on Mobile / Manufactures HomesRESOLUTION NO. R-2005-95 A RESOLUTION of the City Council of the City of Yakima, Washington, adopting a sixty-day moratorium on the filing and acceptance of development applications for, and the location of, mobile homes and manufactured homes; exempting land uses for which a development application was pending upon the effective date of this resolution or which were legally in existence at such time; providing that the moratorium shall be in effect for sixty days, through August 27, 2005; and providing that violation of the moratorium is a misdemeanor. WHEREAS, the state legislature has passed legislation codified at RCW 35.21.684 that places limits on the authority of municipalities to regulate placement or use of manufactured homes; and WHEREAS, the City of Yakima does not currently have in effect regulations addressing the placement or use of manufactured homes in a form which implements said legislation; and WHEREAS, the effective date of said legislation is July 1, 2005; and WHEREAS, the City of Yakima requires time to propose new local regulations addressing the placement or use of mobile homes and manufactured homes and receive public input and a recommendation from the Regional Planning Commission on the same; and WHEREAS, any new local regulations would be adopted by ordinance, and would have an effective date of not sooner than thirty days after enactment, barring an emergency enactment; and WHEREAS, the City of Yakima needs time to consider additional zoning regulations which would deal specifically with regulation and placement of manufactured homes and mobile homes, and the Yakima City Council has Resolution No. R-2005-95 Page 1 therefore decided to impose a moratorium in order to study the issue and to consider adopting appropriate regulations; now, therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Moratorium Established. From and after the effective date of this resolution, the City of Yakima shall not allow the filing of or accept any application for a building permit, tenant improvement, subdivision, short subdivision, site plan review, or any other development, or for any building (including any additions, expansions, or modifications thereto), land, structure or land use ("application" herein), in which a manufactured home or mobile home or homes are or are proposed to be sited, placed, or used. As used in this resolution, the terms "manufactured home" and "mobile home" shall be consistent with the definitions contained in Yakima Municipal Code ("YMC") section 15.02.020, as regulated at YMC section 15.04.120. Provided, however, that this resolution and the moratorium adopted hereby shall be inapplicable to applications pertaining to the following: a. The siting, locating, or relocating of mobile homes in or to mobile home parks; b. The siting, locating, or relocating of any manufactured home that complies with the provisions of RCW 35.21.684; or c. The siting, locating, or relocating of any manufactured home that is not built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000). Section 2. Exemption - Vested Rights. Applications which are legally vested as of the effective date of this resolution shall continue to be processed as provided in the Yakima Municipal Code and according to the land use regulations in effect on the date of vesting. All land uses of manufactured homes or mobile homes that are currently in existence within the City of Yakima, which were Resolution No. R-2005- 95 Page 2 legally established under the land use regulations in effect at the time of establishment, may continue in existence as otherwise provided for by applicable law, including with respect to provisions governing non -conforming uses. Section 3. Public Hearing. Pursuant to RCW 36.70A.390, a public hearing shall be held prior to August 27, 2005, for the purpose of taking testimony if this resolution is passed and if the moratorium contained herein is to be continued past said date, at which time the City may adopt written findings and conclusions justifying the moratorium established by this resolution, as required by RCW 36.70A.390. Section 4. Effective Period of Moratorium. The moratorium adopted by this resolution shall become effective immediately upon its passage and shall remain in effect until the sooner of the effective date of Yakima City Ordinance No. 2005- 29 or until August 27, 2005, subject to extension following a subsequent public hearing and the adoption of findings and conclusions as provided in Section 3 above. This moratorium shall also terminate upon the adoption of permanent regulations governing the location of manufactured homes and mobile homes. Section 5. Penalty for Violation. Any person who violates or fails to comply with the provisions of this resolution has committed a misdemeanor, and upon conviction thereof, shall be punished by jail imprisonment for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine. Section 6. Severability. If any section, sentence, clause or phrase of this resolution 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 of this resolution. Resolution No. R-2005- 95 Page 3 Section 7. Effective Date. This resolution shall be in full force and effect immediately upon its passage. ADOPTED BY THE CITY COUNCIL this 28th day of junei 005. ATTEST: K,d),_, .,3 12keeitit,.., City Clerk Resolution No. R-2005-95 Page 4 Paul P. George, Ma or BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6 For Meeting Of June 28, 2005 ITEM TITLE: Joint Public Hearing with the County Commission Concerning the Adoption of the Manufactured Home Standards permitted under RCW 35.21.684 and Consideration of a Resolution adopting a 60 -day Moratorium on the Filing and Acceptance of Permits for the Placement of Mobile/Manufactured Homes within the Yakima Urban Area. SUBMITTED BY am R. Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Supervising Planner, and 575-6042 SUMMARY EXPLANATION: On July 1, 2005 RCW 35.21.684 becomes effective and changes the regulations affecting where manufactured homes are to be permitted within the Urban Area of the City of Yakima. Specifically, new manufactured homes are to be allowed within the same zoning districts as site built homes. Within this same legislation cities are permitted to adopt the following regulations: 1. The manufactured home is new and has not been previously titled to a retail purchaser and is not a "used mobile home" as defined in RCW 82.45.032(2); Resolution X Ordinance X Other Regional Planning Commission's Findings and Recommendations, Existing Regulations Affecting the Placement of Manufactured Homes (15.05.120 YMC) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: (1) Accept the Regional Planning Commission's written fmdings and recommendations and adopt the proposed ordinance. (2) Adopt a sixty-day moratorium on the filing and acceptance of development applications for, and the location of, mobile homes and manufactured homes BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: The City & County passed their respoective ordinances to regulate the placement of manufactured homes. City Ordinance No. 2005-29 County Ordinance No. 6-2005 Resolution adopted. RESOLtffION NO. R-2005-95 2. The manufactured home is set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground is enclosed by concrete or an approved concrete product which can either be load bearing or decorative; 3, The manufactured home is in compliance with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to he located; 4. The manufactured home is thermally equivalent to the state energy code; and 5. The manufactured home meets all other requirements for a designated manufactured home as defined in RCW 35.63.160." This proposed ordinance does not alter the existing zoning ordinance regulations for the placement of used or singlewide manufactured homes. The moratorium, however, does preclude the placement of any mobile home and manufactured home, including within approved mobile home parks, for 60 -days. 15.04.120 Placement of Mobile/Manufactured Homes in Residential Districts A. Purpose. The provisions established herein are intended to assure that the siting of mobile/manufactured homes is harmonious with the surrounding residential uses and preserves the general character and integrity of the neighborhood. B. Table of Review Requirements for Mobile/Manufactured Homes. Table 4-3 titled "Review Requirements for Mobile/Manufactured Homes" is incorporated as a part of this section. The table indicates in which residential districts mobile/manufactured homes may be permitted as a Class (1), (2), or (3) use. All mobile/manufactured homes on individual lots are subject to the specific conditions of Section 15.04.020(c) and the applicable review procedures of Chapter 15.13, 15.14, and 15.15. C. Siting Standards. All mobile/manufactured homes shall be installed in compliance with applicable City and County Codes. In addition, mobile/manufactured homes installed in the residential districts, not in mobile home parks, may be required to meet the following siting standards: 1. Roof Slope shall be not less than a two -foot rise for each 12 feet of horizontal run. 2. Roofing Materials shall be compatible in appearance with surrounding site -built homes. 3. Siding Materials shall be wood, Masonite, or other material compatible with surrounding site -built homes. 4. Pit Set — The home shall be "pit set," with first -floor elevation no more than 12 inches above finished grade. The pit shall be of sufficient depth to accommodate 18 inches clearance below the frame of the unit with crawl space access located near utility connections. The foundation shall be installed in compliance with the requirements of the Washington Administrative Code. Skirting of sidewalls shall be installed around the perimeter, and the tongue and axle shall be removed. (Ord. 93-81 §20, 1993; Ord. 93-81 §21, 1993; Ord 95-13, §5, 1995) Table 4-3 - Review Requirements For Mobile Manufactured Homes In approved or existing Mobile Home Parks In approved or existing Manufactur ed Home Subdivisio ns On Individual Lots SR R1 R2 R3 B1 Mobile Homes 1 Single -Wide Manufactured Homes (not meeting the siting criteria of 15.04.120C) 1 2 2 3 3 Single -Wide Manufactured Homes (meets the siting criteria of 15.04.120C) 1 1 1 3 2 2 3 Double -Wide Manufactured Homes (not meeting the ai ti nn t+ri tori - ,,e 15.04.120C) 1 1 2 3 3 Double -Wide Manufactured Homes (meets the siting criteria of 15.04.120C) 1 1 1 2 2 2 1 *Refers to definition in Chapter 15.02 1 = Class (1) Permitted Home Occupation 2 = Class (2) Review and Approval by Administrative Official 3 = Class (3) Requires Public Hearing and Approval by Examiner = Not Permitted D. Re • lacement of a Nonconformin Mobile Home on an Individual Lot with Another Mobile Home or Manufactured Home. Class (1) Review shall be used to replace a nonconforming mobile home with another mobile home that is newer and the same size or larger. Class (1) Review shall also be used to replace a nonconforming mobile home with a manufactured home. The modification provisions of Section 15.17.050 of this title shall be used to replace a nonconforming mobile home with another mobile home that is older or smaller. (Ord. 33106 §8-10, 1988; Ord. 3019 §19, 20, 1987; Ord 2947 §1 (part), 1986).) E. Replacement of an Existing or Approved Manufactured Home on an Individual Lot with Another Manufactured Home. Class (1) review shall be used to replace an existing or approved manufactured home with another manufactured home that is newer and the same size or larger. The modification provisions of Section 15.17.050 of this title shall be used to replace a manufactured home with another manufactured home that is older or smaller. (Orel - 3106 §8-10,1988; Ord. 3019 §19, 20, 1987; Ord. 2947 §1 (part), 1986) AN ORDINANCE ORDINANCE NO. 2005 - 29 concerning regulation of the placement of manufactured homes within the City of Yakima and amending Yakima Municipal Code section 15.04.120. WHEREAS, RCW 35.21.684, effective July 1, 2005, preempts local governments from "discriminating against consumers' choices in the placement or use" of manufactured homes; and WHEREAS, RCW 35.21.684 permits local governments to adopt land use standards governing siting of manufactured homes to the extent not preempted by said statute; and WHEREAS, the City of Yakima wishes to exercise its authority to adopt land use standards governing siting of manufactured homes to the extent not preempted by said statute; and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima to enact the following; now therefore: BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 15.04.120 of the Yakima Municipal Code is hereby amended, to add the following paragraph: "F. Any manufactured home which is constructed after June 15, 1976, and which complies with the following requirements, may be sited in the same manner, and subject to the same conditions, as a site built home, any other provisions of this title to the contrary notwithstanding: 1. Is a new manufactured home which has not been previously titled to a retail purchaser and is not a "used mobile home" as defined in RCW 82.45.032(2); 2. Is set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground is enclosed by concrete or an approved concrete product which can either be load bearing or decorative; 3. Is in compliance with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located; 4. Is thermally equivalent to the state energy code; and 5. Meets all other requirements for a designated manufactured home as defined in RCW 35.63.160." Section 2. Severability: if any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Page 1 of 2 Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 0`3/7' day of oafs , 2005. AllEST: /s/ KAREN S ROBERTS City Clerk Publication Date: /—/X Effective Date: 7-3! S/ PAUL GEORGE Page 2 of 2 Paul P. George, Mayor