ORS 92.835
Subdivision of manufactured dwelling park or mobile home park

  • waiver of right of remonstrance to formation of local improvement district

Notwithstanding the standards and procedures established under ordinances and regulations adopted by the governing body of a city or a county under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) or 92.048 (Procedure for adoption of regulations under ORS 92.044 and 92.046), when application for approval of the subdivision of a manufactured dwelling park or mobile home park that was lawfully approved before July 2, 2001, is made under ORS 92.040 (Application for approval of subdivision or partition) to the governing body of a city or county, the governing body of the city or county shall approve:

(1)

A tentative plan upon receipt and verification of evidence that:

(a)

The park is in compliance with the governing body’s standards for a manufactured dwelling park or a mobile home park or is an approved nonconforming use. For the purposes of this paragraph, a park is in compliance if the governing body of the city or county has not issued a written notice of noncompliance on or before July 2, 2001;

(b)

Except as provided in this paragraph, the tentative plan does not make changes from the approved manufactured dwelling park or mobile home park development, including but not limited to increasing or decreasing the number of lots as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) or changing the external boundary lines or setback requirements. The tentative plan may provide for a reduction in the number of lots, if the reduction involves only lots that have never been used for placement of manufactured dwellings;

(c)

The tentative plan restricts the use of lots in the subdivision to the installation of manufactured dwellings and restricts any other property in the subdivision to use as common property as defined in ORS 94.550 (Definitions for ORS 94.550 to 94.783) or for public purposes;

(d)

The tentative plan does not contain conditions of approval or require development agreements except the original conditions of approval and development agreements contained in the original approval for the park or conditions required by ORS 92.830 (Definitions for ORS 92.830 to 92.845) to 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes); and

(e)

The property owners applying for the conversion have signed and recorded a waiver of the right of remonstrance, in a form approved by the city or county, for the formation of a local improvement district by a city or county. A waiver described in this paragraph must be in regard only to sanitary and storm sewers or water facilities and be operative only if the city or county determines after a hearing that the absence or inadequacy of those sewers or facilities is an immediate danger to life, health or safety. However, a waiver of the right of remonstrance may not be required of the owner of a lot in a manufactured dwelling park or mobile home park if the park was served for water, sewer and irrigation by a private utility company prior to an acquisition of that company by municipal condemnation commenced prior to January 1, 2003.

(2)

A plat in compliance with the applicable requirements of ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment), except standards and procedures adopted by regulation or ordinance under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) or 92.048 (Procedure for adoption of regulations under ORS 92.044 and 92.046). The plat may not contain conditions of approval or require development agreements except the original conditions of approval and development agreements contained in the original plat for the park or conditions required by ORS 92.830 (Definitions for ORS 92.830 to 92.845) to 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes). [2001 c.711 §3; 2003 c.474 §7]
Note: See note under 92.830 (Definitions for ORS 92.830 to 92.845).

Source: Section 92.835 — Subdivision of manufactured dwelling park or mobile home park; waiver of right of remonstrance to formation of local improvement district, https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html.

92.010
Definitions for ORS 92.010 to 92.192
92.012
Compliance with ORS 92.010 to 92.192 required
92.014
Approval of city or county required for specified divisions of land
92.016
Sale or negotiation to sell lot or parcel prior to approval of tentative plan
92.017
Lawfully created units of land
92.018
Buyer’s remedies for purchase of improperly created unit of land
92.025
Prohibition of sale of lot or parcel prior to recordation of plat
92.027
Deed reference to creation of unit of land
92.031
Middle housing land division
92.040
Application for approval of subdivision or partition
92.042
Governing body having jurisdiction to approve plans, maps or plats
92.044
Adoption of standards and procedures governing approval of plats and plans
92.046
Adoption of regulations governing approval of partitioning of land
92.048
Procedure for adoption of regulations under ORS 92.044 and 92.046
92.050
Requirements of survey and plat of subdivision and partition
92.055
Requirements for unsurveyed and unmonumented parcels on plats
92.060
Marking subdivision, partition or condominium plats with monuments
92.065
Monumenting certain subdivision corners after recording plat
92.070
Surveyor’s certificates
92.075
Declaration required to subdivide or partition property
92.080
Preparation of plat
92.090
Approval of subdivision plat names
92.095
Payment of taxes, interest or penalties before subdivision or partition plat recorded
92.097
Employment of registered engineer by private developer
92.100
Approval of plat by city or county surveyor
92.103
Notice to district of tentative plan
92.104
District to report boundary locations
92.105
Time limit for final action by city or county on tentative plan
92.120
Recording plats
92.130
Additional tracings transferred to county surveyor
92.140
Indexing of plats
92.150
Construction of donations marked on plat
92.160
Notice to Real Estate Commissioner of receipt of subdivision plat
92.170
Amending recorded plat
92.175
Methods by which certain land may be provided for public purposes
92.176
Validation of unit of land not lawfully established
92.177
Creation of parcel by less than all owners of lawfully established unit of land
92.178
Creation of parcel previously approved but not acted upon
92.179
Liability for costs of relocating utility facilities
92.180
Authority to review replats
92.185
Reconfiguration of lots or parcels and public easements
92.190
Effect of replat
92.192
Property line adjustment
92.205
Policy
92.215
Review authorized
92.225
Review of undeveloped or developed subdivision plat lands
92.234
Revision, vacation of undeveloped subdivisions
92.245
Fees for review proceedings resulting in modification or vacation
92.285
Retroactive ordinances prohibited
92.305
Definitions for ORS 92.305 to 92.495
92.313
Policy
92.317
Policy
92.325
Application of ORS 92.305 to 92.495
92.337
Exemption procedures
92.339
Use of fees
92.345
Notice of intention
92.355
Commissioner may request further information
92.365
Filing information to be kept current
92.375
Consent to service of process on commissioner
92.377
Written notice to land division applicant
92.385
Examination
92.395
Waiver of examination in this state
92.405
Sale prohibited where public report not waived
92.410
Review of subdivisions for which public report issued
92.415
Advance of travel expense for examination of subdivision or series partition
92.425
Conditions prerequisite to sale
92.427
Cancellation of agreement to buy interest in subdivision or series partition
92.430
Notice to purchaser of cancellation rights
92.433
Escrow documents required of successor to vendor’s interest
92.455
Inspection of records
92.460
Blanket encumbrance permitted only in certain circumstances
92.465
Fraud and deceit prohibited
92.475
False or misleading advertising prohibited
92.485
Waiver of legal rights void
92.490
Civil penalty
92.495
Cease and desist order
92.830
Definitions for ORS 92.830 to 92.845
92.832
Policy
92.835
Subdivision of manufactured dwelling park or mobile home park
92.837
Application of city or county comprehensive plans and land use regulations
92.839
Notice to tenants of conversion and tenants’ rights during conversion
92.840
Sale of subdivision lots
92.843
Approval of declaration or amendment to declaration made pursuant to ORS 92.845
92.845
Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes
92.990
Penalties
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