Kelly Nobles has submitted an application to amend the text of 157.136 of the Hermiston Code of Ordinances.  Mr. Nobles proposes to amend the text of the accessory use provisions to modify the city's requirements for accessory dwelling units (ADUs).  The proposal would permit the placement of single-wide manufactured homes as accessory dwellings.  The ordinance contains additional requirements that would require the primary dwelling to remain on the property as long as a single-wide manufactured home is used as an ADU.  It also adds language that permits a double-wide manufactured home to be installed as a primary dwelling if the existing primary dwelling is less than 1,000 square feet.  

The city proposes to insert these provisions as replacement language for the existing section (g) which requires an ADU installed on a property to provide off-street parking for the ADU in accordance with the parking standards in the zoning code.  Under the provisions of HB 2001 passed by the legislature in June of 2019, cities are no longer permitted to require additional off-street parking when an ADU is placed on a property.  Since the city's authority to require off-street parking has been pre-empted by a legislative act, the city proposes to strike the outdated language and insert the proposed language as a replacement.

The proposed amendment represents a significant change in city policy.  Currently, manufactured dwellings outside of parks must be at least double-wide and more than 1,000 square feet.  However, ADUs represent a housing type not contemplated in the Hermiston code when the manufactured dwelling standards were adopted.  ADUs are by definition, small accessory housing which is smaller than the primary dwelling, which neatly fits the footprint of a single-wide manufactured dwelling.  This permission to place single-wide manufactured dwellings also accommodates the "tiny house" movement.  It is unclear in the current code if a modular home in any format could be placed as an accessory dwelling without conflicting with the manufactured dwelling standards in 157.145.  The amendment makes it clear that the provisions of 157.145 are in effect, but that single-wide manufactured dwellings can be used as ADUs.

It is possible to purchase a single-wide manufactured home which exceeds 1,000 square feet.  A typical single-wide manufactured home is 16 feet wide.  Manufacturers offer lengths of up to 84 feet, which equates to a 1,248 square foot dwelling.  This is a factor to consider as the current standards for manufactured dwellings presume single-sectional are under 1,000 square feet and multi-sectional are larger than 1,000 square feet.  

Manufactured dwellings placed on property under these provisions are subject to building codes as well as zoning code restrictions.  It is not possible under the building code to place a dwelling which does not have HUD certifications.  HUD certifications were issued only for dwellings which are 1976 or newer.  This provision helps to limit the use of older dwellings within the city.  In addition to the building code age requirement, the zoning code requires manufactured dwellings to be Super Good Cents certified or a similar thermal envelope requirement.  These thermal requirements are limited to newer model manufactured dwellings.

A recommended text amendment also permits the placement of a double wide or multi-sectional house on a property to become the primary dwelling if the existing house is less than 1,000 square feet.  The existing house then becomes an accessory dwelling.  This is a potential language addition, but the planning commission may wish to recommend against the incorporation of this standard.  Older neighborhoods in Hermiston have many houses that are under 1,000 square feet.  This is especially common near the old fairgrounds and east of NE 4th Street.  It may not be possible to place an additional dwelling on these lots due to lot coverage requirements and existing lot sizes.  However, the proposed additional language does create a path to increase the livability of these older lots while retaining the existing dwellings rather than demolishing them to provide larger living spaces.

The proposed text amendment is considered legislative.  Under the provisions of 157.226 a legislative amendment applies to the text of the zoning code or map amendments which have a widespread impact that applies beyond the immediate area of the proposed amendment.  This amendment is to the text of the code only.

The planning commission held a public hearing on the proposed amendment on August 12, 2020.  After discussing the proposed amendment and the potential impacts to residential neighborhoods, the planning commission made a recommendation that the proposed amendment not be adopted by the city council.

An ordinance amending the accessory dwelling standards and findings of fact in support of the amendment and detailing compliance with the statewide planning goals, Oregon revised statutes, the Hermiston zoning ordinance, and Hermiston comprehensive plan are attached to this report.  Should the city council choose to accept the planning commission recommendation and not adopt Ordinance 2307, findings of fact supporting the decision to deny are also attached.

The city council may choose to:

• accept the planning commission recommendation and reject the amendment
• approve the amendment with modifications
• reject the planning commission recommendation and adopt the amendment

Motion to approve findings of fact in denial

Motion to not adopt Ordinance No. 2307