155.2.6
Riparian Overlay Zone
Sections
155.2.6.100
Purpose
155.2.6.200
Goal 5 Requirements
155.2.6.300
Definitions
155.2.6.400
Determination of Local Significant Riparian Corridors
155.2.6.500
Protection of Riparian Corridors
155.2.6.600
Variances
155.2.6.100
Purpose
The
purpose of the Riparian Overlay Zone is to protect the values of
significant riparian corridors (defined in Section 155.2.6.300
below), which occur within the boundaries of the City.
155.2.6.200
Goal 5 Requirements
Oregon
Statewide Planning Goal 5 requires cities to protect significant
riparian corridors within their boundaries and also defines
alternative rules that may be applied to satisfy the goal. Dunes
City has adopted the standard Goal 5 process as defined by
OAR 660-023-0020(1) to meet Goal 5 requirements.
155.2.6.300
Definitions
Fish
habitat
means those areas upon which fish depend in order to meet their
requirements for spawning, rearing, food supply and migration.
Locally
Significant Riparian Corridor
is any boundary area of lake or stream that is fish bearing.
Riparian area is a
zone of transition from an aquatic ecosystem to a terrestrial
ecosystem, dependent upon surface or subsurface water, that
reveals through the zone’s existing or potential soil-vegetation
complex the influence of such surface or subsurface water. A
riparian area may be located adjacent to a lake, reservoir,
estuary, pothole, spring, bog, wet meadow, muskeg or ephemeral,
intermittent or perennial stream [ORS 541.351(10)]. See also OAR
660-023-0090(1)(b).
Riparian
corridor
is a Goal 5 resource that includes the water areas, fish habitat,
adjacent riparian areas, and wetlands within the riparian area
boundary. OAR 660-023-0090(1)(c). Along
all lakes, and fish-bearing streams with average annual stream
flow less than 1,000 cfs, the riparian corridor boundary shall be
50 feet from the top of bank OAR 660-023-0090(5)(b).
Riparian
corridor boundary
is an imaginary line that is a certain distance upland from the
top of bank, for example, as specified in section (5) of this rule
[OAR 660-023-0090(1)(d)]. See also Section 155.2.6.500 A.
Stream
is a channel such as a river or creek that carries flowing surface
water, including perennial streams and intermittent streams with
defined channels and excluding man-made irrigation and drainage
channels. [OAR 660–023–0090(1)(e)]
Structure
is a building or other major improvement that is built,
constructed, or installed, not including minor improvements, such
as fences, utility poles, flagpoles, or irrigation system
components, that are not customarily regulated through zoning
ordinances. [OAR 660-023-0090(f)].
Top of bank shall have the same meaning as “bank full stage”
defined in OAR 141-085-0010(2), “Top of Bank” means the
distinct break in slope between the stream bank or shoreline and
the stream bottom or marine beach or bed, excluding areas of
sloughing. For steep banks that extend into the water, the
toe may be submerged below the ordinary high water line. For
artificial structures, such as jetties or bulkheads, the toe
refers to the base of the structure, where it meets the streambed
or marine beach or bed.
Water
area
is the area between the banks of a lake, pond, river, and
perennial or fish-bearing intermittent stream, excluding man-made
farm ponds.
155.2.6.400
Determination of Local Significant Riparian Corridors
A. For inventory resources to be protected as a
significant Goal 5 Resources, the City shall determine that the
information used is adequate in accordance with OAR
660-023-0030(3). Upon written objection to the adequacy of
the inclusion in the DCLWIRI, the adequacy shall be addressed by
the Planning Commission and may be appealed to the City.
B. The City shall determine which riparian
corridors are locally significant in accordance with rules adopted
by the Oregon Department of Land Conservation and Development in
OAR 660-023-0090(8) and OAR 660-023-0030(4). Only
significant riparian corridors shall be listed in the DCLWIRI.
C. Significant riparian corridors are identified
on the DCLWIRI map. These riparian corridors shall be mapped
to an accuracy of at least 25 feet and shall be based upon the
DCLWIRI.
155.2.6.500
Protection of Riparian Corridors
A. Locally Significant Riparian Corridors, as
listed in the DCLWIRI, shall determine its riparian corridor
boundary at 50 feet from the top of bank.
B. Where the riparian corridor includes all or
portions of a LSW, the boundary shall be measured from the upland
edge of the wetland.
C. With the exception of the following instances
listed below, and only when these instances are designed to
minimize intrusion into the riparian corridor, grading involving
cutting and filling, and placement of structures or impervious
surfaces shall not be allowed. Exceptions:
1. Streets and paths;
2. Utilities and pumps;
3.
Water-dependent and water-related uses, including one access path
not to exceed eight feet in width; and
4. Replacement of existing structures in the
same position with structures that do not disturb additional areas
within the riparian corridor.
D. Where a hardship is shown through a
successful variance application, the setback may be allowed to
average 50 feet provided that the design of the development
minimizes impact to the riparian corridor.
E. For existing parcels that, through
application of the requirements of this section, have no usable
building site, a variance may be granted to allow a building site
on the parcel, provided that the design of the development
minimizes impact to the riparian corridor.
F. Within the riparian corridor, riparian
vegetation shall not be removed except:
1. Removal of non-native vegetation and
replacement with native plant species shall be allowed.
2. Riparian vegetation may be removed if
necessary for the development of water-dependent or water-related
uses or specified in (C) above, provided such removal is minimized
to reduce impact to the riparian corridor and to protect water
quality.
G.
Permitted vegetation removal and pruning within the riparian
corridor shall comply with the provisions of Chapter 154 of this
Code.
H.
Erosion control measures approved by appropriate regulatory
agencies.
155.2.6.600
Prohibited
Activities Within Riparian Corridors
A.
The following activities are prohibited within a riparian
corridor, except as may be allowed by Section 155.2.5.6.500.C.:
1.
Placement of structures or impervious surfaces, including fences,
decks, etc.
2.
Excavation, grading, fill, stream alteration or diversion, or
removal of native vegetation, except for perimeter mowing for fire
protection purposes.
3.
Expansion of pre–existing, non–native ornamental vegetation
such as lawns.
4.
Dumping, piling, or disposal of refuse, yard debris, or other
material.
5.
Application of chemicals such as herbicides, pesticides, and
fertilizers unless applied in accordance with state and federal
regulations.
155.2.6.700
Variances
A.
The City Council shall be the approving authority for applications
for variances to the Riparian Corridor Area provisions. The
procedures of Section 155.5.1 shall be followed for approval of a
variance except that the variance criteria of this section shall
apply subject to the approval of DSL and U.S. Army Corp. of
Engineers.
B.
Mapping Error Variances and Corrections. The City may correct the
location of the wetland protection overlay zone when the applicant
has shown that a mapping error has occurred and the error has been
verified by the DSL. Delineations verified by DSL shall be used to
automatically update and replace DCLWIRI mapping. No formal
variance application or comprehensive plan amendment is needed for
map corrections where approved delineations are provided.
C.
Hardship Variances. The City Council may grant a variance to the
provisions of this ordinance only when the applicant has shown
that all of the following conditions exist:
1.
Through application of this ordinance, the property has been
rendered not buildable;
2.
The applicant has exhausted all other options available under
this chapter to relieve the hardship;
3.
The variance is the minimum necessary to afford relief;
4.
No significant adverse impacts on water quality, erosion, or
slope stability will result from approval of this hardship
variance, or these impacts have been mitigated to the greatest
extent possible; and
5.
Loss of vegetative cover shall be minimized.
SECTION
155.3
Design Standards
Sections
155.3.0 - Design Standards Administration
155.3.1 - Access and Circulation
155.3.2 - Landscaping, Street Trees, Fences and Walls
155.3.3 - Vehicle and Bicycle Parking
155.3.4 - Public Facilities Standards
155.3.5 - Surface Water Management
155.3.6 - All Uses
155.3.7 - Solar Access
155.3.8 – Traffic
Impact Studies
155.3.0
Design Standards Administration
155.3.0.1
Applicability
All
partitions and subdivisions shall conform to the design and
development standards specified in the following sections and the
Comprehensive Plan. The standards specified in this section shall
be considered as the minimum appropriate for normal partition or
subdivision development and are not intended to limit the
partitioner or subdivider from using higher standards of design
and development. The city may require appropriate higher design
and development standards than the minimum required by this
section upon a finding by the Planning Commission or the City
Council that the division is located in an area possessing natural
conditions that require special consideration or the division is
intended for especially intensive development. All divisions shall
be evaluated in terms of efficiency in the use of land, protection
of natural features, and pleasing, convenient, and functional
design. Requirements not otherwise contained in this section may
be prescribed when needed to ensure that established criteria and
standards of professional subdivision design are maintained in the
city.
Natural
conditions that require higher design standards include but are
not limited to the following:
•
Vegetated topography of slopes of greater that 12 percent within
1,000 feet of a lake shoreline that is particularly susceptible to
erosion.
•
Steep inner gorges of intermittent and perennial streams with
signs of natural slope instability.
•
Significant or non–significant wetlands located at the base of
slopes greater than 12 percent that would be susceptible to
filling with sediment from a cleared hill slope or road
construction above.
•
Sandy or saturated soil types that require specialized septic
treatment.
All
developments within the City must comply with the provisions of
Sections 155.3.1 through 155.3.6. Some developments, such as major
projects requiring land division may require detailed findings
demonstrating compliance with each Section of the code. For
smaller, less complex projects, fewer code provisions may
apply. Though some projects will not require land use or
development permit approval (e.g., building of single family
houses on platted lots, that are not subject to Section 155.3.6 -
All Uses), they are still required to comply with the provisions
of this Section.
155.3.0.2
Types of Design Standards
The
City’s development design standards are contained in both
Section 155.2 and Section 155.3. It is important to review
both Sections, and all relevant code sections within the sections,
to determine which standards apply. The City may prepare
checklists to assist property owners and applicants in determining
which sections apply.
A. Section 155.3. The design standards
contained within the following sub-sections apply
throughout the City, for all land use types:
155.3.1 - Access and Circulation
155.3.2 - Landscaping, Street Trees, Fences and Walls
155.3.3 - Automobile and Bicycle Parking
155.3.4 - Public Facilities Standards
155.3.5 - Surface Water Management
155.3.6 - Other Design Standards
155.3.6 - All Uses
155.3.7 – Solar Access
B. Section 155.2. Each land use district
(Section 155.2) provides design standards that are specifically
tailored to the district. For example, the Residential District
contains building design guidelines that are different than those
provided in the Community Commercial District, due to differences
in land use, building types, and compatibility issues. In
addition, each district provides special standards that are meant
to address the impacts or characteristics of certain land uses.
155.3.1
Access and Circulation
Sections:
155.3.1.1
- Purpose
155.3.1.2
- Vehicular Access and Circulation
155.3.1.3
- Pedestrian Access and Circulation
155.3.1.1
– Purpose.
The
purpose of this Section is to ensure that developments provide
safe and efficient access and circulation, for pedestrians and
vehicles. Sub-section 155.3.1.2 provides standards for
vehicular access and circulation. Sub-section 155.3.1.3
provides standards for pedestrian access and circulation.
Standards for transportation improvements are provided in
Sub-section 155.3.4.1.
155.3.1.2
Vehicular Access and Circulation
A. Intent and Purpose.
The intent of this Section is to manage vehicle access to
development through a connected street system, while preserving
the flow of traffic in terms of safety, street capacity, and
efficiency. Access shall be managed to maintain an adequate
“level of service” and to maintain the “functional
classification” of streets as required by the City’s Master
Road Plan. Major streets including highways, arterials, and
collectors serve as the primary system for moving people and
goods. “Access management” is a primary concern on these
streets. Local streets and alleys provide access to
individual properties. If vehicular access and circulation
are not properly designed, these streets will be unable to
accommodate the needs of development and serve their
transportation function. This Section attempts to balance
the right of reasonable access to private property with the right
of the citizens of the City and the State of Oregon to safe and
efficient travel. It also requires all developments to
construct planned streets (arterials and collectors) and to extend
local streets.
To
achieve this policy intent, state and local streets have been
categorized in the Master Road Plan by function and classified for
access purposes based upon their level of importance and
function. (See Section 155.3.4.1.) Regulations have
been applied to these streets for the purpose of reducing traffic
accidents, personal injury, and property damage attributable to
access systems, and to thereby improve the safety and operation of
the street network. This will protect the substantial public
investment in the existing transportation system and reduce the
need for expensive remedial measures. These regulations also
further the orderly layout and use of land, protect community
character, and conserve natural resources by promoting
well-designed street and access systems and discouraging the
unplanned subdivision of land.
B. Applicability.
This section shall apply to all streets within the City and to all
properties that abut these streets.
C. Access Permit Required.
Access to a public street requires an Access Permit in accordance
with the following procedures:
1. Permits for access to City streets shall be subject
to review and approval by the Road Commission based on the
standards contained in this Section, and the provisions of
Subsection 155.3.4.1 - Transportation Standards. An access
permit may be in the form of a letter to the applicant, or it may
be attached to a land use decision notice as a condition of
approval.
2.
Permits for access to State highways shall be subject to
review and approval by Oregon Department of Transportation (ODOT),
except when ODOT has delegated this responsibility to the City or
Lane County. In that case, the City or County shall
determine whether access is granted based on its adopted
standards.
3. Permits for access to County roads or highways
shall be subject to review and approval by Lane County, except
where the County has delegated this responsibility to the City, in
which case the City shall determine whether access is granted
based on adopted County standards.
D. Traffic Study Requirements.
The City or other agency with access jurisdiction may require a
traffic study prepared by a qualified professional to determine
access, circulation and other transportation requirements.
(See Section 155.3.4.1 - Transportation Standards.)
E. Conditions of Approval.
The City or other agency with access permit jurisdiction may
require the closing or consolidation of existing curb cuts or
other vehicle access points, recording of reciprocal access
easements (i.e., for shared driveways), development of a frontage
street, installation of traffic control devices, and/or other
mitigation as a condition of granting an access permit, to ensure
the safe and efficient operation of the street and highway
system. In the Community Commercial District, access to and
from off-street parking areas shall discourage backing onto a
public street.
F. Access Options. When
vehicle access is required for development (i.e., for off-street
parking, delivery, service, drive-through facilities, etc.),
access shall be provided by one of the following methods (a
minimum of 10 feet per lane is required). These methods are
“options” to the developer/subdivider, unless one method is
specifically required by Section 155.2 (i.e., under “Special
Standards for Certain Uses”).
1. Option 1. Access is from an existing
or proposed alley or mid-block lane. If a property has
access to an alley or lane, direct access to a public street is
not permitted.
2. Option 2. Access is from a private
street or driveway connected to an adjoining property that has
direct access to a public street (i.e., “shared driveway”).
An access easement covering the driveway shall be recorded in this
case to assure access to the closest public street for all users
of the private street/drive.
3. Option 3. Access is from a public
street adjacent to the development parcel. If practicable,
the owner/developer may be required to close or consolidate an
existing access point as a condition of approving a new
access. Street accesses shall comply with the access spacing
standards in Section G, below.
4. Subdivisions Fronting Onto an Arterial Street.
New residential land divisions fronting onto an arterial street
shall be required to provide alleys or secondary (local or
collector) streets for access to individual lots. When
alleys or secondary streets cannot be constructed due to
topographic or other physical constraints, access may be provided
by consolidating driveways for clusters of two or more lots (e.g.,
includes flag lots and mid-block lanes).
5. Double-Frontage Lots. When a lot has
frontage onto two or more streets, access shall be provided first
from the street with the lowest classification. For example,
access shall be provided from a local street before a collector or
arterial street. Except for corner lots, the creation of new
double-frontage lots shall be prohibited in the Residential
District, unless topographic or physical constraints require the
formation of such lots. When double-frontage lots are
permitted in the Residential District, a landscape buffer with
trees and/or shrubs and ground cover not less than 10 feet wide
shall be provided between the back yard fence/wall and the
sidewalk or street; maintenance shall be assured by the owner
(i.e., through homeowners association, etc.).
Important
cross-references to other code sections
Sections
155.2 and 155.3 may require buildings to be placed near the front
property line and driveways and parking areas oriented to the side
or rear yard. The City may require the dedication of public
right-of-way and construction of a street (e.g., frontage street,
alley or other street) when the development impact is
proportionate to the need for such a street, and the Comprehensive
Plan or the Master Road Plan identifies the street. (Refer
to Section 155.3.4.1 - Transportation Standards.)
G. Access Spacing.
Driveway accesses shall be separated from other driveways and
street intersections in accordance with the following standards
and procedures:
1. Local Streets. A minimum of 50 feet
separation (as measured from the sides of the driveway/street)
shall be required on local streets (i.e., streets not designated
as collectors or arterials), except as provided in subsection 3,
below.
2. Arterial and Collector Streets. Access
spacing on collector and arterial streets, and at controlled
intersections (i.e., with four-way stop sign or traffic signal)
shall be determined based on the policies and standards contained
in the City’s Master Road Plan.
3. Special Provisions for All Streets.
Direct street access may be restricted for some land uses, in
conformance with the provisions of Section 155.2 - Land Use
Districts. For example, access consolidation, shared access,
and/or access separation greater than that specified by
subsections 1and 2 above, may be required by the City, County or
ODOT for the purpose of protecting the function, safety and
operation of the street for all users. (See Section ‘I’,
below.) Where no other alternatives exist, the permitting
agency may allow construction of an access connection along the
property line farthest from an intersection. In such cases,
directional connections (i.e., right in/out, right in only, or
right out only) may be required.
H. Number of Access Points.
For single-family, two-family, and three-family housing types, one
street access point is permitted per lot, when alley access cannot
otherwise be provided; except that two access points may be
permitted for two-family and three-family housing on corner lots
(i.e., no more than one access per street), subject to the access
spacing standards in Section ‘G’, above. The number of
street access points for multiple family, commercial, industrial,
and public/institutional developments shall be minimized to
protect the function, safety and operation of the street(s) and
sidewalk(s) for all users. Shared access may be required, in
conformance with Section I, below, in order to maintain the
required access spacing, and minimize the number of access points.
I. Shared Driveways. The
number of driveway and private street intersections with public
streets shall be minimized by the use of shared driveways with
adjoining lots where feasible. The City shall require shared
driveways as a condition of land division or site review, as
applicable, for traffic safety and access management purposes in
accordance with the following standards:
1. Shared driveways and frontage streets may be
required to consolidate access onto a collector or arterial
street. When shared driveways or frontage streets are
required, they shall be stubbed to adjacent developable parcels to
indicate future extension. “Stub” means that a driveway
or street temporarily ends at the property line, but may be
extended in the future as the adjacent parcel
develops. “Developable” means that a parcel is
either vacant or it is likely to receive additional development
(i.e., due to infill or redevelopment potential).
2.
Access easements
(i.e., for the benefit of affected properties) shall be recorded
for all shared driveways, including pathways, at the time of final
plat approval (Section 155.4.3) or as a condition of site
development approval (Section 155.4.2).
3.
Exception.
Shared driveways are not required when existing development
patterns or physical constraints (e.g., topography, parcel
configuration, and similar conditions) prevent extending the
street/driveway in the future.
J. Street Access. A
lot capable of future division and greater than five acres shall
be created only if it fronts a street for at least 60 feet. A
driveway shall serve a maximum of four tax lots.
K. Driveway Standards and Fire Access.
Dunes City has many developable lots of large size and standards
need to exist for potential multiple lot usage of driveways and
for fire and rescue vehicle access and egress. The Oregon Uniform
Fire Code (UFC) requires fire and emergency vehicle access to
within 150 feet of any portion of any structure.
It is the intent of Dunes City that fire truck access requirements
for driveways and streets
coincide.
Therefore, the driveway specifications for
a lot on which any portion of any structure is beyond
150
feet from a City street should meet the minimum UFC requirements
for a fire access street. Grading or
excavation needed for a driveway may require a permit as specified
in section 151.042
of
the Dunes City Code of Ordinances.
Standards:
All driveways shall meet
the following as a minimum:
a.
Single driveways
shall have at least a 12-foot running surface width.
b.
A driveway on a two,
three or four lot shared easement shall have at least a 30-foot
width and be constructed with no less than a 12-foot asphalt or
concrete running surface with 2.5 feet of rocked shoulders. The
easement shall be at least 30 feet wide plus any additional width
needed to support the driveway surface and any required fill.
c.
Each driveway
accessing a street shall have at the intersection with the street
running surface, an asphalt or concrete pad at least 8 feet in
length and as wide as the running surface of the driveway plus an
approach radius on each side.
d.
To ensure proper
storm water management, any driveway with a slope in excess of 10%
shall be designed by an engineer licensed in Oregon.
e.
If any lot or parcel
that shares a driveway meets the requirements for further division
and exceeds five-acres, the driveway easement shall be a minimum
of 50 feet in width.
Additional
Requirements for Long Driveways:
To
construct or modify a driveway on a lot where any portion of any
existing or proposed structure is 150 feet or more away from a
Dunes City street, a fire-access street approval issued by the
Siuslaw Valley Fire and Rescue (SVFR) is required prior to
issuance of a building permit. An application form
and information sheet for the fire-access street approval is
available during normal business hours at the Dunes City Hall.
In
the event of a disagreement between the Building Official, SVRFD
and/or the applicant, the applicant shall have the right to appeal
to the Dunes City Council for final disposition.
For
requirements related to cul-de-sacs, please refer to sub-section
155.3.4.1.M.
L. Vertical Clearances.
Driveways, private streets, aisles, turn-around areas and ramps
shall have a minimum vertical clearance of 14 feet for their
entire length and width.
M. Vision Clearance.
No signs, structures or vegetation in excess of three feet in
height shall be placed in “vision clearance areas”, as shown
in Appendix 155.6 Vision Clearance Diagram. The minimum
vision clearance area may be increased by the Planning Commission
or Road Commission upon finding that more sight distance is
required (i.e., due to traffic speeds, street alignment, etc.).
Table
155.3.1.2.M - Vision Clearance Areas (See 155.6.7 Appendix for
vision clearance diagrams)
|
Vision Clearance
|
|
Street-street intersection
|
25
feet
|
|
Street-alley/driveway intersection
|
10
feet
|
155.3.1.3
- Pedestrian Access and Circulation. [Reserved]
Section
155.3.2 Landscaping,
Street Trees, Fences and Walls
Sections:
155.3.2.1
Purpose
155.3.2.2
Landscape Conservation
155.3.2.3
New Landscaping
155.3.2.4
Street Trees
155.3.2.5
Fences and Walls
155.3.2.1
- Purpose.
The
purpose of this Section is to promote community health, safety and
welfare by protecting natural vegetation, and setting development
standards for landscaping, street trees, fences and walls.
Together, these elements of the natural and built environment
contribute to the visual quality, environmental health and
character of the community. Trees provide climate control
through shading during summer months and wind screening during
winter. Trees and other plants can also buffer pedestrians
from traffic. Walls, fences, trees and other landscape
materials also provide vital screening and buffering between land
uses. Landscaped areas help to control surface water
drainage and can improve water quality, as compared to paved or
built surfaces.
Section
155.3.2.2 - Landscape Conservation Refer
to Chapter 154
Section
155.3.2.3 -New Landscaping
[Reserved]
Section
155.3.2.4 - Street Trees
[Reserved]
Section
155.3.2.5 - Fences and Walls,
Refer to Sections 155.2.1.123B; 155.2.2.123C; 155.3.3.3D;
155.5.2.2.F.
Section
155.3.3 — Vehicle
and Bicycle Parking
Sections:
155.3.3.1
- Purpose
155.3.3.2
- Applicability
155.3.3.3
- Vehicle Parking and Loading Standards
155.3.3.4
- Bicycle Parking Standards
155.3.3.1
– Purpose.
The
purpose of this Section is to provide basic and flexible standards
for development of vehicle and bicycle parking. The design
of parking areas is critically important to the viability of some
commercial areas, pedestrian and driver safety, the efficient and
safe operation of adjoining streets, and community image and
livability. Historically, some communities have required
more parking than is necessary for some land uses, paving
extensive areas of land that could be put to better use.
Because vehicle-parking facilities can occupy large amounts of
land, they must be planned and designed carefully to use the land
efficiently while maintaining the visual character of the
community. This Section recognizes that each development has
unique parking needs by providing a flexible approach for
determining parking space requirements (i.e., “minimum” and
“performance-based” standards). This Section also provides
standards for bicycle parking because many people use bicycles for
recreation, commuting, and general transportation. Children,
as well as adults, need safe and adequate spaces to park their
bicycles throughout the community.
155.3.3.2
- Applicability.
All
developments subject to site review (Section 155.4.2), including
development of parking facilities, shall comply with the
provisions of this Section.
155.3.3.3
- Vehicle Parking and Loading Standards
A. Parking requirements.
Buildings
erected or enlarged or uses established or changed after the
effective date of this section shall comply with the following
parking requirements:
1. Required parking spaces.
|
Use
|
Parking Spaces Required
|
|
One- or two-family dwelling or manufactured home
|
Two off-street parking spaces per dwelling unit
|
|
Retail, commercial establishments
|
One for every 300 square feet of gross floor area or 5˝
spaces per 1,000 square feet, whichever provides the
greatest amount of parking
|
|
Business, professional and government offices
|
One for every 250 square feet of gross floor area or 2˝
spaces per 1,000 square feet of gross floor area, whichever
provides the greatest amount of parking
|
|
Medical offices and clinics
|
6˝ spaces per practitioner or 150 square feet of gross
floor area, whichever provides the greatest amount of
parking
|
|
Motels
|
One space per lodging unit, plus one for every four
restaurant seats
|
|
Churches, clubs, lodges, etc.
|
One space for every four fixed seats, every eight feet
of bench length, or every 28 square feet in the main
auditorium or place of worship where no permanent seats or
benches are maintained
|
|
Restaurants
|
One space per 200 square feet of floor area, plus one
space per employee
|
B.
Parking requirements for uses not specified.
The
parking space requirements for buildings and uses not set forth
herein shall be determined by the Planning Commission and such
determination shall be based upon the requirements for the most
comparable building or use specified herein. The decision of
the Planning Commission may be appealed to the City Council in the
manner allowed for appeals of site review requirements as
specified in Section 155.4.
C.
Common facilities for mixed uses.
1. Mixed uses. In the case of mixed
uses, the total requirements for off-street parking spaces shall
be the sum of the requirements for the various uses or 5.5 spaces
per 1,000 feet of gross floor area, whichever provides the
greatest amount of parking. Off-street parking facilities
for one use shall not be considered as providing parking
facilities for any other use except as provided in 2.b. below.
2. Joint use of parking facilities.
The Planning Commission may authorize the joint use of parking
facilities required by the uses and any other parking facility,
provided that:
a. The applicant shows that there is no
substantial conflict in the principal operating
hours of the building or use for which the joint use of parking
facilities are proposed;
b. The parking facility for which joint use is
proposed is no further than 400 feet from the
building or use required to have provided parking; and
c. The parties concerned in the joint use
of off-street parking facilities shall evidence
agreement for such joint use by a legal instrument approved by the
City Attorney as to
form and content. Such instrument, when approved as
conforming to the provisions of
this section, shall be recorded in the office of the City
Recorder.
D.
Parking area design and improvement requirement.
All
public or private parking areas, except single family dwellings,
which contain three or more parking spaces and outdoor vehicle
sales areas shall be designed and improved according to the
following:
1. Service drives. Groups of five
or more parking spaces, except those in conjunction with
single-family dwellings on a single lot, shall be served by a
service drive so that no backward movement or other maneuvering of
a vehicle within a street, other than an alley, will be
required. Service drives shall be designed and constructed
to facilitate the flow of traffic and provide maximum safety in
traffic access and egress and maximum safety of pedestrians and
vehicular traffic on the site. The number of service drives
shall be limited to the minimum, which will allow the property to
accommodate and service, anticipated traffic.
2.
Markings. On parking lots having five or more parking
spaces, such spaces shall be clearly
marked
in a permanent manner.
3.
Surface and grading. All new parking areas shall have a
durable, dust-free surfacing of
asphaltic
concrete, Portland cement concrete, or other approved
materials. All parking areas,
except
those in conjunction with a residential use, shall be graded so as
not to drain storm water
onto
any abutting public or private property.
4.
Bumpers. All parking areas, except those required in
conjunction with a residential use, shall provide a substantial
bumper, which will prevent cars from encroachment on abutting
private and public property.
5.
Fences, walls, and hedges. All parking areas (including
service drives in the Community Commercial District), except those
required in conjunction with a residential use, which abut a
residential district, and which require an interior yard setback,
shall be enclosed along and immediately adjacent to any interior
property which abuts any residential district with an opaque,
site-obscuring fence, wall, or hedge not less than three feet nor
more than eight feet in height, but adhering to the visual
clearance and front and interior yard requirements established for
the Community Commercial District. If the fence, wall, or
hedge is not located on the property line, the area between the
fence, wall, or hedge and the property line shall be landscaped
with lawn or low-growing evergreen ground cover, or vegetable or
rock mulch. All plant vegetation in this area shall be
adequately maintained, and the fence, wall, or hedge shall be
maintained in good condition. Screening or planting shall be
of such size as to provide the required degree of screening within
12 months after installation. Adequate provisions shall be
maintained to protect walls, fences, or plant materials from being
damaged by vehicles using the parking area.
6.
Lights. Any lights provided to illuminate any public or
private parking area shall be so arranged as to reflect the light
away from any abutting or adjacent residential district.
E. Parking table and diagram
The following table provides the minimum dimensions of
public or private parking areas based on the following diagram.
(1)
Parking diagram.
(2)
Parking table.
|
(A)
Parking
Angle
|
(B)
Stall
Width
|
(C)
Stall Depth
(Minimum)
(ft.)
|
(D)
Clear Aisle Width (Minimum)
(ft.)
|
(E)
Staff Distance at Bay Side
(ft.)
(Curb
Length)
|
(F)
Clear Bay Width (Minimum)
(ft.)
|
(G)
Permitted Decrease (Minimum) in Clear Aisle
Width for Private Parking Areas
(ft.)
|
|
Parallel
|
8˘0˛
|
|
12.0
|
22.0
|
20.0
|
2
|
|
20°
|
8˘0˛
|
13.6
|
11.0
|
23.4
|
24.6
|
1
|
|
|
8˘6˛
|
14.1
|
11.0
|
24.9
|
25.1
|
|
|
|
9˘0˛
|
14.6
|
11.0
|
26.3
|
25.6
|
|
|
|
9˘6˛
|
15.1
|
11.0
|
27.8
|
26.1
|
|
|
|
10˘0˛
|
15.5
|
11.0
|
29.2
|
26.5
|
|
|
30°
|
8˘0˛
|
16.0
|
11.0
|
16.0
|
27.0
|
1
|
|
|
8˘6˛
|
16.4
|
11.0
|
17.0
|
27.4
|
|
|
30°
|
9˘0˛
|
16.8
|
11.0
|
18.0
|
27.8
|
1
|
|
(cont'd)
|
9˘6˛
|
17.3
|
11.0
|
19.0
|
28.3
|
|
|
|
10˘6˛
|
17.7
|
11.0
|
20.0
|
28.7
|
|
|
45°
|
8˘0˛
|
18.4
|
14.0
|
11.3
|
32.4
|
3
|
|
|
8˘6˛
|
18.7
|
13.5
|
12.0
|
32.2
|
|
|
|
9˘0˛
|
19.1
|
13.0
|
12.7
|
32.1
|
|
|
|
9˘6˛
|
19.4
|
13.0
|
13.4
|
32.4
|
|
|
|
10˘0˛
|
19.8
|
13.0
|
14.1
|
32.8
|
|
|
60°
|
8˘0˛
|
19.7
|
19.0
|
9.2
|
38.7
|
3
|
|
|
8˘6˛
|
20.0
|
18.5
|
9.8
|
38.5
|
|
|
|
9˘0˛
|
20.3
|
18.0
|
10.4
|
38.3
|
|
|
|
9˘5˛
|
20.5
|
18.0
|
11.0
|
38.5
|
|
|
|
10˘0˛
|
20.8
|
18.0
|
11.5
|
38.8
|
|
|
70°
|
8˘0˛
|
19.8
|
20.0
|
8.5
|
39.8
|
3
|
|
|
8˘6˛
|
20.1
|
19.5
|
9.0
|
39.6
|
|
|
|
9˘0˛
|
20.4
|
19.0
|
9.6
|
39.4
|
|
|
|
9˘6˛
|
20.6
|
18.5
|
10.1
|
39.1
|
|
|
|
10˘0˛
|
20.9
|
18.0
|
10.6
|
38.9
|
|
|
80°
|
8˘0˛
|
19.2
|
25.0
|
8.1
|
44.2
|
3
|
|
|
8˘6˛
|
19.3
|
24.0
|
8.6
|
43.3
|
|
|
|
9˘0˛
|
19.4
|
24.0
|
9.1
|
43.4
|
|
|
80°
|
9˘6˛
|
19.5
|
24.0
|
9.6
|
43.5
|
|
|
(cont'd)
|
10˘0˛
|
19.6
|
24.0
|
10.2
|
43.6
|
|
|
90°
|
8˘0˛
|
18.0
|
26.0
|
8.0
|
44.0
|
3
|
|
|
8˘6˛
|
18.0
|
25.0
|
8.5
|
43.0
|
|
|
|
9˘0˛
|
18.0
|
24.0
|
9.0
|
42.0
|
|
|
|
9˘6˛
|
18.0
|
24.0
|
9.5
|
42.0
|
|
|
|
10˘0˛
|
18.0
|
24.0
|
10.0
|
42.0
|
|
F.
Off-street loading.
Commercial
or other non-residential buildings erected or established which
abut upon an alley or street shall have one permanently maintained
loading space for commercial vehicles of not less than ten feet in
width and 22 feet in length for each 1,000 square feet of lot area
or fraction thereof upon which the building is located, provided
that not more that two such loading spaces shall be required.
G.
Disabled Person Parking Spaces.
The following parking shall be provided for disabled persons, in
conformance with the Americans with Disabilities Act.
Disabled parking is included in the minimum number of required
parking spaces in Section A. See following table for
disabled person parking requirements.
155.3.3.4.
Bicycle Parking Standards [Reserved]
Section
155.3.4 — Public
Facilities Standards
Sections:
155.3.4.0
Purpose and Applicability
155.3.4.1
Transportation Standards
155.3.4.2
Public Use Areas
155.3.4.3
Sanitary Sewer and Water Service Improvements
155.3.4.4
Storm Drainage Improvements
155.3.4.5
Utilities
155.3.4.6
Fire Hydrants
155.3.4.7
Public Utility Easements
155.3.4.8
Construction Plan Approval and Assurances
155.3.4.9
Installation
155.3.4.0
Purpose and Applicability
A. Purpose. The purpose of this Section is to
provide planning and design standards for public and private
transportation facilities and utilities. Streets are the
most common public spaces, touching virtually every parcel of
land. Therefore, one of the primary purposes of this Section
is to provide standards for attractive and safe streets that can
accommodate vehicle traffic from planned growth, and provide a
range of transportation options, including options for driving,
walking and bicycling. This Section is also intended to implement
the City’s Master Road Plan.
Important
cross-reference to other standards:
The City requires that streets provide direct and convenient
access, including regular intersections. Section 155.3.1 -
Access and Circulation, provides standards for intersections and
blocks, and requires pedestrian access ways to break up long
blocks.
B. When Standards Apply. Unless otherwise
provided, the standard specifications for construction,
reconstruction or repair of transportation facilities, utilities
and other public improvements within the City shall occur in
accordance with the standards of this Section. No
development may occur unless the public facilities related to
development comply with the public facility requirements
established in this Section.
C. Standard Specifications. The City
shall establish standard construction specifications consistent
with the design standards of this Section and application of
engineering principles. They are incorporated in this code
by reference.
D. Conditions of Development Approval. No
development may occur unless required public facilities are in
place or guaranteed, in conformance with the provisions of this
Code. Improvements required as a condition of development
approval, when not voluntarily accepted by the applicant, shall be
roughly proportional to the impact of development. Findings
in the development approval shall indicate how the required
improvements are roughly proportional to the impact.
155.3.4.1
Transportation Standards
A. Development Standards. No development shall
occur unless the development has frontage or approved access to a
public street, in conformance with the provisions of Section
155.3.1 - Access and Circulation, and the following standards are
met:
1.
Streets within or adjacent to a development shall be improved in
accordance with the Master Road
Plan and the provisions of this Section;
2.
Development of new streets, and additional street width or
improvements planned as a portion of an existing street, shall be
improved in accordance with this Section, and public streets shall
be dedicated to the applicable City, County or State jurisdiction;
3. New streets
shall be paved; and
4.
The City may accept a future improvement guarantee [e.g., owner
agrees not to remonstrate (object) against the formation of a
local improvement district in the future] in lieu of street
improvements if one or more of the following conditions exist:
a. A partial improvement may create a potential safety
hazard to motorists or pedestrians;
b. Due to the developed condition of adjacent
properties it is unlikely that street improvements would be
extended in the foreseeable future and the improvement associated
with the project under review does not, by itself, provide
increased street safety or capacity, or improved pedestrian
circulation;
c. The improvement would be in conflict with an
adopted capital improvement plan; or
d. The improvement is associated with an approved land
partition on property zoned residential and the proposed land
partition does not create any new streets.
B.
Variances. Variances to the transportation design
standards in this Section may be granted by means of a Variance,
as governed by Section 155.5.1 - Variances. A variance may
be granted under this provision only if a required improvement is
not feasible due to topographic constraints or constraints posed
by fragile lands (Section 155.2.4).
C.
Creation of Rights-of-Way for Streets and Related Purposes.
Streets shall be created through the approval and recording of a
final subdivision or partition plat; except the City may approve
the creation of a street by acceptance of a deed, provided that
the street is deemed essential by the City Council for the purpose
of implementing the Master Road Plan, and the deeded
right-of-way conforms to the standards of this Code.
All deeds of dedication shall be in a form prescribed by the City
and shall name "the public," as grantee. All dedications
shall be accepted by resolution and recorded before any
improvements are performed by the City.
D.
Creation of Access Easements. The City may approve an
access easement established by deed when the easement is necessary
to provide for access and circulation in conformance with Section
155.3.1 - Access and Circulation.
E.
Street Location, Width and Grade. Except as noted
below, the location, width and grade of all streets shall conform
to the Master Road Plan or subdivision plat. Street
location, width and grade shall be determined in relation to
existing and planned streets, topographic conditions, public
convenience and safety, and in appropriate relation to the
proposed use of the land to be served by such streets:
1.
Street grades shall be approved by the Road Commission in
accordance with the design standards in sub-section ‘N’,
below; and
2.
Where the location of a street is not shown in an existing street
plan (See sub-section ‘H’), the location of streets in a
development shall either:
a. Provide for the continuation and connection of
existing streets in the surrounding areas, conforming to the
street standards of this Section, or
b.
Conform to a street plan adopted by the City, if it is impractical
to connect with existing street patterns because of particular
topographical or other existing conditions of the land. Such
a plan shall be based on the type of land use to be served, the
volume of traffic, the capacity of adjoining streets and the need
for public convenience and safety.
F.
Minimum Rights-of-Way and Street Sections. Street
rights-of-way and improvements shall be the widths in Table
155.3.4.1. A variance shall be required in conformance with
Subsection 155.3.4.1.B to vary the standards in Table
155.3.4.1. Where a range of width is indicated, the
decision-making authority, based upon the following factors, shall
determine the width:
1.
Street classification in the Master Road Plan;
2.
Anticipated traffic generation;
3.
On-street parking needs;
4.
Sidewalk and bikeway requirements based on anticipated level of
use;
5.
Requirements for placement of utilities;
6.
Street lighting;
7.
Minimize drainage, slope, and sensitive lands impacts, as
identified by Section 155.3.4.4 – Storm Drainage,and the
Comprehensive Plan;
8.
Street tree location, as provided for in Section 155.3.4;
9. Safety and comfort for motorists, bicyclists, and pedestrians;
10.
Street furnishings (e.g., benches, lighting, bus shelters, etc.),
when provided;
11.
Access needs for emergency vehicles; and
12.
Transition between different street widths (i.e., existing streets
and new streets), as applicable.
Table
155.3.4.1 Street Right of Way and Paving Widths
|
Type
of Street
|
Right-of-Way Width (ft.)
|
Paving
Width
(ft.)
|
|
Arterials
|
60–120 **
|
24–48 **
|
|
Collector streets and all business streets other than
arterials
|
60–80 **
|
24–44 **
|
|
Local streets in single-family density areas - streets
which in the judgment of the Planning Commission will
never be more than 2400˘
in length, and which will have a relatively even division
of traffic to two or more exits
|
50
|
22
|
|
Cul-de-sacs
|
92 ***
|
70 ***
|
|
All streets not specifically provided for
above
|
60 **
|
40 **
|
|
|
|
|
|
**
The City may require a width within the limits shown based
upon adjacent physical conditions, safety of the public,
and the traffic needs of the community, and in accordance
with specifications of this Section and the Master Road
Plan.
***
Measured by diameter of circle constituting circular end
|
G.
Traffic Signals and Traffic Calming Features [Reserved]
H.
Future Street Plan and Extension of Streets.
1.
A future street plan shall be filed by the applicant in
conjunction with an application for a partition, subdivision or
P.U.D. in order to facilitate orderly development of the street
system. The plan shall show the pattern of existing and
proposed future streets from the boundaries of the proposed land
division and shall include other parcels within 600 feet
surrounding and adjacent to the proposed land division. The
street plan is not binding; rather it is intended to show
potential future street extensions with future development.
2. Streets shall be extended to the boundary lines of
the parcel or tract to be developed, when the Planning Commission
determines that the extension is necessary to give street access
to, or permit a satisfactory future division of, adjoining
land. The point where the streets temporarily end shall
conform to a. through c. below:
a.
These extended streets or street stubs to adjoining properties are
not considered to be cul-de-sacs since they are intended to
continue as through streets when the adjoining property is
developed.
b. A barricade (e.g., fence, bollards, boulders or
similar vehicle barrier) shall be constructed at the end of the
street by the subdivider and shall not be removed until authorized
by the City or other applicable agency with jurisdiction over the
street. The cost of the barricade shall be included in the
street construction cost.
c. Temporary turnarounds (e.g., hammerhead or circular
configuration) shall be constructed for stub streets over 150 feet
in length.
I.
Street Alignment and Connections.
1. Staggering of streets making "T"
intersections at collectors and arterials shall not be designed so
that jogs of less than 300 feet on such streets are created, as
measured from the centerline of the street shall have a corner
radius that produces a 25' tangent. See Diagram 155.6.7.
2. Spacing between local street intersections shall
have a minimum separation of 125 feet unless topography requires a
lesser distance, except where more closely spaced intersections
are designed to provide an open space, pocket park, common area or
similar neighborhood amenity. This standard applies to
four-way and three-way (off-set) intersections.
3. All local and collector streets, which abut a
development site, shall be extended within the site to provide
through circulation unless prevented by environmental or
topographical constraints, existing development patterns or
compliance with other standards in this code. This exception
applies when it is not possible to redesign or reconfigure the
street pattern to provide required extensions. Land is
considered topographically constrained if the slope is greater
than 15% for a distance of 250 feet or more. In the case of
environmental or topographical constraints, the mere presence of a
constraint is not sufficient to show that a street connection is
not possible. The applicant must show why the environmental
or topographic constraint precludes some reasonable street
connection.
4. Proposed streets or street extensions shall be
located to provide direct access to existing or planned commercial
services and other neighborhood facilities, such as schools,
shopping areas and parks.
5. In order to promote efficient vehicular and
pedestrian circulation throughout the City, the design of
subdivisions and alignment of new streets shall conform to the
following standards in Section 155.3.1 - Access and
Circulation: The maximum block length shall not exceed:
a.
600 feet in the Residential District;
b.
400 feet in the Community Commercial District.
J.
Sidewalks, Planter Strips, Bicycle Lanes. Sidewalks,
planter strips, and bicycle lanes shall be installed in
conformance with the standards in Table 155.3.4.1, applicable
provisions of the Master Road Plan and the Comprehensive Plan.
Maintenance of sidewalks, curbs, and planter strips is the
continuing obligation of the adjacent property owner.
K.
Intersection Angles. Streets shall be laid out so as
to intersect at an angle as near to a right angle as practicable,
except where topography requires a lesser angle or where a reduced
angle is necessary to provide an open space, pocket park, common
area or similar neighborhood amenity. In addition, the
following standards shall apply:
1.
A tangent of at least 25 feet is required for all right-of-way
intersection unless topography requires a lesser distance;
2. Intersections which are not at right angles shall
have a minimum corner radius of 20 feet along the right-of-way
lines of the acute angle; and
3. Right-of-way lines at intersection with arterial
streets shall have a corner radius of not less than 20 feet.
L.
Existing Rights-of-Way. Whenever existing
rights-of-way adjacent to or within a tract are of less than
standard width, additional rights-of-way shall be provided at the
time of subdivision or development, subject to the provision of
Section 155.3.4.0.D.
M.
Dead-End Streets. A dead-end street shall provide
access to no more than 30 dwelling units, and shall only be used
when environmental or topographical constraints, existing
development patterns, or compliance with other standards in this
code preclude street extension and through circulation:
1. All dead-end streets shall terminate with a
circular or hammerhead turnaround. Circular turnarounds
shall have a radius of no less than 45 feet, except that
turnarounds may be larger when they contain a landscaped island or
parking bay in their center. When an island or parking bay
is provided, there shall be a fire apparatus lane of 20 feet in
width; and
2. The length of the dead-end street shall be measured
along the centerline of the street from the near side of the
intersecting street to the farthest point of the cul-de-sac.
N.
Grades and Curves. Grades shall not exceed 10% on
arterials, 12% on collector streets, or 12% on any other street
(except that local or residential access streets may have segments
with grades up to 15% for distances of no greater than 250 feet),
and:
1. Centerline curve radii shall not be less than 500
feet on arterials, 300 feet on major collectors, 200 feet on minor
collectors, or 100 feet on other streets; and
2. Streets intersecting with a minor collector or
greater functional classification street, or streets intended to
be posted with a stop sign or signalization, shall provide a
landing averaging 5%
or less. Landings are the portions of the street within 20
feet of the edge of the intersecting street at full improvement.
O.
Curbs, Curb Cuts, Ramps, and Driveway approaches.
Concrete
curbs, curb cuts, wheelchair, bicycle ramps and driveway
approaches shall be constructed in accordance with standards
specified in Section 155.3.1 - Access and Circulation.
P.
Streets Adjacent to Railroad Right-of-Way.[Reserved]
Q.
Development Adjoining Arterial Streets. Where a
development adjoins or is crossed by an existing or proposed
arterial street, the development design shall separate residential
access and through traffic, and shall minimize traffic
conflicts. The design shall include one or more of the
following:
1. A parallel access street along the arterial with a
landscape buffer separating the two streets;
2. Deep lots abutting the arterial or major collector
to provide adequate buffering with frontage along another
street. Double-frontage lots shall conform to the buffering
standards in Section 155.3.1.2.F;
3. Screen planting at the rear or side property line
to be contained in a non-access reservation (e.g., public easement
or tract) along the arterial; or
4. Other treatment suitable to meet the objectives of
this subsection;
5.
If a lot has access to two streets with different classifications,
primary access shall be from the lower classification street, in
conformance with Sub-Section 155.3.1.2.
R.
Alleys, Public or Private. Alleys shall conform to
the standards in Table 155.3.4.1. While alley intersections and
sharp changes in alignment shall be avoided, the corners of
necessary alley intersections shall have a radius at the edge of
the pavements of not less than 12 feet.
S.
Street Names. No street name shall be used which will
duplicate or be confused with the names of existing streets in
Dunes City or the City of Florence, except for extensions of
existing streets. Street names, signs and numbers shall
conform to the established pattern in the surrounding area, except
as requested by emergency service providers.
T.
Survey Monuments. Upon completion of a street
improvement and prior to acceptance by the City, it shall be the
responsibility of the developer's registered professional land
surveyor to provide certification to the City that all boundary
and interior monuments have been reestablished and protected.
U.
Street Signs. The City, County or State with
jurisdiction shall install all signs for traffic control and
street names. The cost of signs required for new development
shall be the responsibility of the developer. Street name
signs shall be installed at all street intersections. Stop
signs and other signs may be required.
V.
Mail Boxes. Plans for mailboxes to be used shall be
approved by the United States Postal Service.
W.
Street Light Standards. The
developer may be required to install streetlights in a pattern
fitting the subdivision and according to the specifications of the
Central Lincoln People's Utility District.
X.
Street Cross-Sections. The final lift of asphalt or
concrete pavement shall be placed on all newly constructed public
streets prior to final City acceptance of the street and within
one year of the conditional acceptance of the street unless
otherwise approved by the City Engineer. The final lift
shall also be placed no later than when 10 % of the structures in
the new development are completed or 1 year from the commencement
of initial construction of the development, whichever is less.
1.
Sub-base and leveling courses shall be of select blasted and
crushed rock;
2. Surface material shall be of Class C or B asphalt
concrete;
3.
The final lift shall be Class C asphalt concrete as defined by
American Public Works Association (A.P.W.A.) standard
specifications; and,
4. No lift shall be less than 1-1/2 inches in
thickness.
155.3.4.2
Public Use Areas
A.
Dedication Requirements.
1. Where a proposed park, playground or other public
use shown in a plan adopted by the City is located in whole or in
part in a subdivision, the City may require the dedication or
reservation of this area on the final plat.
2. If determined by the Planning Commission to be in
the public interest in accordance with adopted comprehensive plan
policies, and where an adopted plan of the City does not indicate
proposed public use areas, the City may require the dedication or
reservation of areas within the subdivision of a character, extent
and location suitable for the development of parks and other
public uses.
3.
All required dedications of public use areas shall conform to
Section 155.3.4.0.D - Conditions of Development Approval.
B.
Acquisition by the City. If the developer is required
to reserve land area for a park, playground, or other public use,
the land shall be acquired by the City within 6 months following
final plat approval, at a price agreed upon prior to approval of
the plat, or the reservation shall be released to the property
owner.
C.
System Development Charge Credit. Dedication of land
to the City for public use areas shall be eligible as a credit
toward any required system development charge.
155.3.4.3
Sanitary Sewer and Water Service Improvements.
A.
Water Supply. All lots
shall be served by an approved water supply.
B.
Sewer. All lots shall be served by a sewage system
that conforms to City, County and State Department of
Environmental Quality standards.
155.3.4.4
Storm Drainage Improvements
A.
General Provisions. The City shall issue a
development permit only where adequate provisions for storm water
and floodwater runoff have been made in conformance the City’s
stormwater regulations, when adopted.
B.
Accommodation of Upstream Drainage. Culverts and
other drainage facilities shall be large enough to accommodate
potential runoff from the entire upstream drainage area, whether
inside or outside the development. Such facilities shall be
subject to review and approval by the City.
C.
Effect on Downstream Drainage. Where it is
anticipated by the Planning Commission that the additional runoff
resulting from the development will overload an existing drainage
facility, the City shall withhold approval of the development
until provisions have been made for improvement of the potential
condition or until provisions have been made for storage of
additional runoff caused by the development in accordance with
City standards.
D.
Easements. Where a development is traversed by a
watercourse, drainage way, channel or stream, there shall be
provided a storm water easement or drainage right-of-way
conforming substantially to the lines of such watercourse and such
further width as will be adequate for conveyance and maintenance.
155.3.4.5
Utilities
A.
Underground Utilities. All utility lines including,
but not limited to, those required for electric, communication,
lighting and cable television services and related facilities
shall be placed underground, except for surface mounted
transformers, surface mounted connection boxes and meter cabinets
which may be placed above ground, temporary utility service
facilities during construction, and high capacity electric lines
operating at 50,000 volts or above. The following additional
standards apply to all new partitions, subdivisions and P.U.D.s,
in order to facilitate underground placement of utilities:
1. The developer shall make all necessary arrangements
with the serving utility to provide the underground
services. Care shall be taken to ensure that all above
ground equipment does not obstruct vision clearance areas for
vehicular traffic. See Section 155.3.1.2.M Vision Clearance.
2. The City reserves the right to approve the location
of all surface mounted facilities;
3. All underground utilities, including sanitary
sewers and storm drains installed in streets by the developer,
shall be constructed prior to the surfacing of the streets; and
4. Stubs for service connections shall be long enough
to avoid disturbing the street improvements when service
connections are made.
B.
Easements. Easements shall be provided for all
utility facilities.
C.
Exception to Under-Ground Requirement. An exception
to the under-ground requirement may be granted due to physical
constraints.
155.3.4.6
Fire Hydrants [Reserved]
155.3.4.7
Public Utility Easements
Utility
Easements shall be dedicated on a final plat, or provided for in
the deed restrictions. The City’s standard width for
utility easements shall be 10 feet unless otherwise specified by
the utility company, or City Engineer.
155.3.4.8
Construction Plan Approval and Assurances
No
public improvements, including sanitary sewers, storm sewers,
streets, sidewalks, curbs, lighting, parks, or other requirements
shall be undertaken except after the plans have been approved by
the City, permit fee paid, and permit issued. The permit fee is
required to defray the cost and expenses incurred by the City for
construction and other services in connection with the
improvement. The permit fee shall be set by City
Council. The City may require the developer or subdivider to
provide bonding or other performance guarantees to ensure
completion of required public improvements.
155.3.4.9
Installation
A.
Conformance Required. Improvements installed by the
developer either as a requirement of these regulations or at
his/her own option, shall conform to the requirements of this
Section, approved construction plans, and to improvement standards
and specifications adopted by the City.
B.
Adopted Installation Standards. The Standard
Specifications for American Public Works Construction, Oregon
Section shall be a part of the City’s adopted installation
standard(s); other standards may also be required upon
recommendation of the City Engineer.
C.
Commencement. Work shall not begin until the City has
been notified in advance.
D.
Resumption. If work is discontinued for more than one
month, it shall not be resumed until the City is notified.
E.
City Inspection. Improvements shall be constructed
under the inspection and to the satisfaction of the City.
The City may require minor changes in typical sections, and
details, if unusual conditions arising during construction warrant
such changes in the public interest. Modifications requested
by the developer shall be subject to land use review under Section
155.4.6 - Modifications to Approved Plans and Conditions of
Approval. Any monuments that are disturbed before all
improvements are completed by the subdivider shall be replaced
prior to final acceptance of the improvements.
F.
Engineer’s Certification and As-Built Plans. A
registered engineer shall provide written certification in a form
required by the City. All improvements, workmanship and materials
shall be in accord with current and standard engineering and
construction practices and conform to approved plans and
conditions of approval. These conditions shall be met prior to
City acceptance of the public improvements, or any portion
thereof, for operation and maintenance. The developer’s
engineer shall also provide 2 sets of “as-built” plans, in
conformance with the City Engineer’s specifications, for
permanent filing with the City.
155.3.5
— Surface Water Management
[Reserved
for Surface Water Management standards that may be adopted by
City. Note: The Department of Land Conservation and the
Development and the Department of Environmental Quality are
planning to publish a model ordinance for Urban Surface Water
Management/Water Quality that could be added to this document.]
155.3.6
All Uses
See 155.6 for Lot, Block
and Street Designs.
A. Flag lots are discouraged in all land divisions.
The Planning Commission and City Council
may
approve flag lots at their
discretion.
B.
No plat shall be recorded until the County surveyor in the manner
provided by ORS Chapter
92 approves it.
155.3.7
-- Solar Access
Sections:
155.3.7.1
Definitions
155.3.7.2
Solar Setback Requirements
155.3.7.3
Solar Collectors and Solar Access Permits
155.3.7.4
Applications
155.3.7.5
Procedure
155.3.7.6
Enforcement
155.3.7.7
Revocation
155.3.7.8
Fees
155.3.7.1
Definitions
Shade
– A lot or building is deemed shaded if a structure blocks the
direct solar radiation that would otherwise reach its surface
during the protected period, excluding such insubstantial shadows
as those caused by utility poles, wires, flagpoles, and slender
antennas.
Solar
Access – An unobstructed exposure to available solar radiation
during daytime hours for the purpose of allowing solar radiation
to be used to meet a portion of a building’s energy
requirements.
Solar
Access Plan – A copy of the final plan that identifies those
lots which will possess solar access and new and existing trees
which will shade lots.
Solar
Collector – The south face of a building which is designed to
provide solar space heating, or a device which uses solar energy
for generation of electricity or to reduce energy consumption for
space or water heating.
Solar
Envelope – A drawing or representation with contour lines of a
three-dimensional space over a lot representing height
restrictions for trees that protects solar access for a solar
collector.
Solar
Setback – The minimum distance that the highest shadow casting
point of the structure shall be setback from the northern lot
line.
Sunchart
– A photograph showing the positions of the sun during different
hours of the day and months of the year, and the southern skyline.
The sunchart shall use as coordinates a grid of solar
altitude in tenş increments and solar azimuth in 15ş increments.
Tree,
exempt - A tree that has a height greater than ten feet at the
time of application for a solar access permit.
Tree,
new - A tree that is planted after the effective date of the solar
access permit.
Tree,
non-exempt – A tree that has a height of ten feet or less at the
effective e date of the permit.
155.3.7.2.
Solar Setback Requirements.
New
structures or enlargements of existing structures shall comply
with the following solar setback requirements:
A.
South wall protection standard. No new structure or
addition shall cast a shadow upon adjacent lots that is longer
than that cast by an eight-foot high fence located on the north
property line at solar noon on December 21. The solar
setback shall not exceed one-half the distance between the north
and south property lines. If the solar setback is not
feasible due to waiver provisions listed in C. below, then the
structure shall meet the standard set in B. below.
B.
South roof protection standard. No new structure or
addition shall cast a shadow upon adjacent lots that is longer
than that cast by a 16-foot high solar fence located on the north
property line at solar noon on December 21. The solar
setback shall not exceed one-half the distance between the north
and south property lines. If the solar setback is not
feasible due to the waiver provisions listed in C. below, then the
structure shall be located as far south as is feasible.
C.
Waiver of solar setback. The governing body or its
designated agent may partially or completely waive the solar
setback for any structure or addition whose shade will affect a
protected area which is already substantially shaded by other
sources, or whose lot contains substantial physical constraints,
including but not limited to north-facing slopes greater than
15ş, septic tanks, lot dimensions, waterways, and existing legal
restrictions.
155.3.7.3
Solar Collectors and Solar Access Permits.
155.3.7.3.1
Purpose. The purpose of this subchapter is to allow
protection of solar access to a solar collector through the
limitations of growth by trees located on neighboring properties.
155.3.7.3.2
Approval Criteria. The decision to approve or deny a
permit application will be based upon the following standards:
A.
The solar collector shall have at least four hours per day of
unobstructed solar access between 9:00 a.m. and 3:00 p.m. during
the period for which solar access protection is being
sought. However, the hours and dates during which the solar
collector access is protected shall not exceed that period when
the sun is lower than its position at solar noon on January 21 or
greater than 55ş east or west of true south.
B.
The solar collector shall not be shaded by an eight-foot fence
located on the south lot line or an existing structure at solar
noon on December 21.
C.
There is no reasonable alternative location for the solar
collector that will result in fewer restrictions on neighboring
lots.
D.
Removing or trimming vegetation on the applicant’s lot will not
permit an alternative location that would result in fewer
restrictions on neighboring lots.
E.
The solar collector shall meet the following minimum performance
standards according to the end use of energy to which it is
applied: 20% of the structure’s space heating energy
needs, 40% of the structure’s domestic water heating energy
needs, and/or 40% of the structure’s electricity needs for
appliances and lighting, excluding domestic water heating.
155.3.7.3.3.
Limitations. A solar access permit shall not
affect:
A.
A lot or portion thereof that is located more than 150 feet south
of the proposed or existing solar collector.
B.
A lot located on a slope of 15% or more and facing within 45ş of
true north.
C.
An exempted tree.
D.
Any structure or addition located on a neighboring lot.
E.
A lot or portion thereof which lies within an Open Space Overlay
Zone.
155.3.7.4.
Applications. An application for a solar access
permit shall include:
A.
A description of how the application satisfies the solar access
permit standards.
B.
The hours and months for which solar access is sought.
C.
A scaled drawing of the solar collector, its dimensions, its
height above ground level, and its orientation.
D.
A sunchart for the proposed location as seen from the center of
the lower edge of the site of the solar collector. If the
solar collector is more than 20 feet in length, a sunchart shall
also be provided for the southeast and southwest corners of the
lower edge of the solar collector.
E.
A site plan showing lot lines and dimensions of the applicant’s
lot and neighboring lots which will be affected by the solar
access collector, the location of structures and trees on the
applicant’s lot and affected neighboring lots, and the
identification of exempt and non-exempt trees.
F.
Evidence that the solar collector will not be shaded by an
eight-foot fence located on the applicant’s south property line
at solar noon on December 21.
G.
Evidence that the solar collector is installed or a written
commitment to install the proposed solar collector within one year
of the effective date of the permit.
H.
Evidence that there is no reasonable alternative location for the
solar collector that would result in fewer restrictions on a
neighboring lot including that provided by the trimming or removal
of vegetation on the applicant’s lot.
I.
A solar envelope for each lot to be affected by the proposed solar
access permit.
155.3.7.5.
Procedure.
A.
Review. The Building Official or an agent designated
by the governing body shall review the application for
completeness and accuracy. If the application is found to be
incomplete or inaccurate, the Building Official or designated
agent shall advise the applicant of its deficiencies.
B.
Notice. After an application for a solar access
permit has been accepted, the City Recorder shall send notice by
certified mail to each property owner to be affected by the
proposed solar access permit. The notice shall contain the
following information:
1. A copy of the solar access permit which has been accepted
by the Building Official or designated agent.
2. The standards for and limits on a solar access permit.
3. Procedures for objection by any affected property owner
including comment deadline.
C.
Objections. If no written objections are filed by
affected parties within 30 days following the date that all
certified letters are mailed, the City Recorder shall issue the
solar access permit. If any affected property owner or
representative files a written objection within the specified
period, and if the objection is not withdrawn after informal
discussions among the objector, city staff, and the applicant, a
hearing shall be held before the Planning Commission.
D.
Permit hearing. The Planning Commission shall hold a
hearing on a written objection to the granting of a solar access
permit.
1. Notice. The
City Recorder shall send notice of the hearing to the applicant,
the property owner who objected to the permit, and other property
owners who would be affected by the proposed permit.
2. Hearing. The objector shall bear the burden of
proof that the application is not accurate, that it does not
satisfy the solar access permit standards or limitations, or that
the estimated loss of value or cost to preserve the solar right to
affected owners of neighboring property is greater than the
estimated value of solar access to the applicant. The
Planning Commission shall review the application, compare the
provided information with the permit standards and limitations,
and consider evidence presented by the objector, city staff, and
the applicant.
3. Decision. After the close of the hearings, the
Planning Commission shall state its findings and conclusions and,
based thereon, shall approve, approve with conditions, or deny the
application.
E.
Recording. Within 30 days after a solar access permit
is granted, the City Recorder shall:
1. File with the County Clerk, in such form as required by
state law, the permit, including any exemptions to or limits on
the solar access protected, site plan, sunchart, and solar
envelopes.
2. Send a certified letter to each property owner affected
by the solar access permit that the permit has been granted and
recorded, and a copy of a solar envelope for his or her lot.
3. Note the location of the solar collector and affected
properties on the official Zoning Map.
155.3.7.6.
Enforcement. In the event that a non-exempt tree on a
neighboring property is shading a solar collector for which a
solar access permit has been granted, then the permittee shall
take the following actions to protect his or her solar access:
A.
Documentation of solar permit violation. The solar access
permittee shall submit the following information to the City
Recorder. The Building Official or designated agent shall
review the permittee’s complaint for accuracy and completeness.
1. A copy of the solar access permit.
2. Evidence that the solar collector is still functioning.
3. A new sunchart documenting that non-exempt or new trees
are shading the solar collector during the protected period.
4. The legal description of the lot on which the non-exempt
and new trees are located, the address of the property owner, and
scaled plot plan showing the location of the non-exempt and new
trees.
5. Evidence that no vegetation located on the permittee’s
lot is shading the solar collector during the protected period.
B.
Notice. If the permittee’s complaint is found
to be complete and accurate, the City Recorder shall notify by
registered mail the owner of the allegedly shading tree. The
notice shall include information submitted by the complaining
permittee to the city, a description of the rights and
responsibilities of the affected property owner under the
provisions of the solar access permit, a form to request a
Planning Commission hearing, and a description of specific actions
the alleged violator shall take to comply with the permit
provisions.
C.
Hearing. Within 14 days of the date the notice is
mailed, the owner of the allegedly shading tree, or his or her
representative, may request a hearing before the Planning
Commission to review the alleged violation. The City
Recorder shall send notice of the hearing to the permittee and the
alleged permit violator and his or her representative. The
hearing shall be held within 30 days after a request has been
received. At the hearing, the Planning Commission shall
determine whether the tree that is the subject of the permittee’s
complaint violates the solar access permit. Within seven
days of the hearing, the City Recorder shall mail notice of the
Planning Commission’s decision to the affected parties. If
the Planning Commission finds that a violation exists, the notice
shall be sent by registered mail to the owner of the offending
tree and shall describe the specific actions the violator is
required to take.
D.
Remedy. With 30 days after the City Recorder mails
written notice of the violation or, if a hearing is held, within
30 days after the City Recorder mails notice of the Planning
Commission’s decision, the owner of the offending tree shall
trim the tree and notify the City Recorder of his or her
action. If the owner does not trim the tree at that time,
than an injunction may be issued, upon complaint of the permittee,
by a court of competent jurisdiction. The injunction may
order the tree owner to trim that part of the tree that violates
the provisions of the solar access permit, to pay court costs, and
to pay the permittee reasonable attorney’s fees. If
personal jurisdiction cannot be obtained over the property owner
whose tree violates the permit, then the city or a designated
agent may enter upon the property and trim that part of the tree
that violates the solar access permit.
E.
Assignment of costs. All costs for trimming a
non-exempt tree shall be borne by the permittee. All costs
for trimming a new tree shall be borne by the tree owner.
155.3.7.7.
Revocation The City Recorder shall revoke the solar
access permit if the solar collector does not function for 12
consecutive months or if requested by the permittee or his or her
successor in interest. The City Recorder shall send the
permittee, the owner of all properties affected by the permit, and
the County Clerk a notice of termination.
155.3.7.8.
Fees. The city shall set fees as is appropriate to
cover costs for permit processing and enforcement.
155.3.8
– Traffic Impact Studies
Sections:
155.3.8.1
Purpose
155.3.8.2
When A Traffic Impact Study is Required
155.3.8.3
Preparation
155.3.8.1
Purpose. The purpose of this section of the code is to assist in
determining which road authorities participate in land use
decisions, and to implement Section 660-012-0045 (2) (e) of the
State Transportation Planning Rule that requires the City to adopt
a process to apply conditions to development proposals in order to
minimize impacts and protect transportation facilities. This
Chapter establishes the standards for when a proposal must be
reviewed for potential traffic impacts; when a Traffic Impact
Study must be submitted with a development application in order to
determine whether conditions are needed to minimize impacts to and
protect transportation facilities; what must be in a Traffic
Impact Study; and who is qualified to prepare the Study.
155.3.8.2
When a Traffic Impact Study is Required. The City or other road
authority with jurisdiction may require a Traffic Impact Study (TIS)
as part of an application for development, a change in use, or a
change in access. A TIS shall be required when a land use
application involves one or more of the following actions:
A.
A change in zoning or a plan amendment designation;
B.
Any proposed development or land use action that a road authority
states may have operational or safety concerns along its
facility(ies);
C.
An increase in site traffic volume generation by 300 Average Daily
Trips (ADT) or more; or
D.
An increase in peak hour volume of a particular movement to and
from the State highway by 20 percent or more; or
E.
An increase in use of adjacent streets by vehicles exceeding the
20,000 pound gross vehicle weights by 10 vehicles or more per day;
or
F.
The location of the access driveway does not meet minimum sight
distance requirements, or is located where vehicles entering or
leaving the property are restricted, or such vehicles queue or
hesitate on the State highway, creating a safety hazard; or
G.
A change in internal traffic patterns that may cause safety
problems, such as back up onto a street or greater potential for
traffic accidents.
155.3.8.3.
Preparation. A Traffic Impact Study shall be prepared by a
professional engineer in accordance with the requirements of the
Road Commission, in consultation with the Oregon Department of
Transportation’s (ODOT) regional development review planner and
OAR 734-051-180.
155.4
— Applications and Review Procedures
Sections:
155.4.0
Administration of Land Use and Development Permits
155.4.1
Types of Applications and Review Procedures
155.4.2
Site Review
155.4.3
Land Divisions and Lot Line Adjustments
155.4.4
Conditional Use Permits
155.4.5
Planned Unit Development Procedures.
155.4.6
Modifications to Approved Plans and Conditions of Approval
155.4.7
Land Use District Map Amendments
155.4.8
Code Interpretations
155.4.9
Miscellaneous Permits
155.4.0
- Administration of Land Use and Development Permits
Section
155.4 provides all of the application requirements and procedures
for obtaining permits required by this code section. Refer
to Table 155.4.1.2 in Section 155.4.1 for a key to determining
which land use permits and procedures are required, and the
decision-making body for a particular type of permit application.
155.4.1
— Types of Applications and Review Procedures
Sections:
155.4.1.1
Purpose
155.4.1.2
Description of Permit/Decision-making Procedures
155.4.1.3
General Provisions
155.4.1.4
Type I Procedure (Ministerial)
155.4.1.5
Type II Procedure (Administrative)
155.4.1.6
Type III Procedure (Quasi-Judicial)
155.4.1.7
Type IV Procedure (Legislative)
155.4.1.8
Expedited Land Use Decision
155.4.1.9
Limited Land Use Decision
155.4.1.1
Purpose.
The
purpose of this chapter is to establish standard decision-making
procedures that will enable the City, the applicant, and the
public to reasonably review applications and participate in the
local decision-making process in a timely and effective way.
155.4.1.2
Description of Permit/Decision-making Procedures.
All
land use and development permit applications, except permits
required in Chapters 151, 153 and 154, shall be decided by using
the procedures contained in this Chapter. General procedures
for all permits are contained in Section 155.4.1.3. Specific
procedures for certain types of permits are contained in Sections
155.4.1.4 through 155.4.1.8. The procedure “type”
assigned to each permit governs the decision-making process for
that permit. There are six types of permit/decision-making
procedures: Type I, II, III, IV, Expedited Land Use decisions and
Limited Land Use Decisions. These procedures are described
in subsections A through D below. Table 155.4.1.2 lists all
of the City’s land use and development applications and their
required permit procedures.
A.
Type I Procedure (Ministerial). Type I decisions are
made by the Planning Secretary, or someone he or she
officially designates, or by the Planning Commission if requested
by the Planning Secretary or by the City Council, without public
notice and without the requirement for a public hearing. The
Type 1 Procedure is used when there are clear and objective
approval criteria;
B.
Type II Procedure (Administrative). Type II decisions
are made by the Planning Commission with public notice.
C.
Type III Procedure (Quasi-Judicial). Type III matters
are considered initially by the Planning Commission and Road
Commission with final decisions made by the City Council. Type III
decisions generally use discretionary approval criteria;
D.
Type IV Procedure (Legislative). Type IV Procedure
applies to legislative matters. Legislative matters involve
the creation, revision, or large-scale implementation of public
policy (e.g., adoption of land use regulations, zone changes, and
Comprehensive Plan amendments that apply to entire
districts). Type IV matters are considered initially by the
Planning Commission and Road Commission with final decisions made
by the City Council. These procedures are typified by the
requirement of passage of an Ordinance.
E.
Expedited Land Use Decision. A land use decision–making
process authorized by ORS 197.360, etc.
F.
Limited Land Use Decision.
Preliminary subdivision, partition and site review permit
decisions are considered limited land use decisions subject to the
provisions of ORS 197.015(13) and ORS 197.195.
|
Table
155.4.1.2
Summary
of Development Decisions/Permit by
Type
of Decision-making Procedure*
|
|
Code
Amendment
Type
IV
Section 155.4.1.2
Code
Interpretation
Type
I/II
Section 155.4.8
Concept
Assistance
Type
II Section 155.4.9.3
Conditional
Use
Permits
Type
III
Section 155.4.4
Expedited
Land
Divisions
Type
II
Section 155.4.1.8
Home
Occupation
Permit
Type
I
Section 155.4.9
Land
Use District Map
Amendments
Type
IV
Section 155.4.7
Manufactured
Home
Park
Type III/IV
Section 155.4.9.4
Modification
to Approved Plans and Conditions
of
Approval
Type
I/III
Section 155.4.6
Non-Conforming
Uses and
Development
Type
I
Section 155.5.2
Partition:
Preliminary
LLU
Section 155.4.3
Partition:
Final
Type
II
Section 155.4.160
P.U.D.:
Preliminary
Type
III Section 155.4.5.115
P.U.D.:
Final
Type
II
Section 155.4.5.116
Sensitive
Lands
Type I/II/III Section 155.2.3
thru 6
Sign
Permit
Type
I
Section 155.2.2.130
Site
Review
Permit
LLU Section
155.4.2
Subdivision:
Preliminary
LLU
Section 155.4.3
Subdivision:
Final
Type
II
Section 155.4.3.160
Temporary
Use
Permits
Type
I/II
Section 155.4.9
Travel
Trailer and Recreational Vehicle
Parks
Type III/IV
Section 155.4.9.5
Variances
Type
III
Section 155.5.1
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*Note:
The Sections referenced above in the right-hand column
describe the types of land uses and development activity
that require permits under each type of decision-making
procedure used in Chapter 155. See other Chapters of
this Code for other permit requirements.
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155.4.1.3
General Provisions
A.
120-day Rule.
The City shall take final action on Type III applications that are
subject to this Chapter within 120 days from the date the
application is deemed complete. Any exceptions to this rule
shall conform to the provisions of ORS 227.178. (The 120-day
rule does not apply to Type IV legislative decisions - plan and
code amendments - under ORS 227.178.)
B.
Time Computation.
In computing any period of time prescribed or allowed by this
Chapter, the day of the act or event from which the designated
period of time begins to run shall not be included. The last
day of the period so computed shall be included, unless it is a
Friday, Saturday or legal holiday, including Sunday, in which
event, the period runs until the end of the next day which is not
a Friday, Saturday or legal holiday.
C.
Concept Assistance
A discretionary, informal process where an individual appears
before the planning staff or the Planning Commission and requests
general guidance regarding future land development. This step
occurs prior to a pre–application conference or the filing of an
application. Guidance provided during this process shall not be
considered as a land use determination or decision.
D. Pre–Application
Conferences
1. Participants.
When a pre-application conference is required, the applicant
shall meet with the City Planning Official or his/her designee(s)
and other parties as appropriate;
2. Information
provided by the applicant.
The following information shall be submitted by the applicant at
least ten days prior to the date of such meeting:
a.
A written statement on a form prescribed by the City Council
setting forth:
(1)
The name and address of the applicant.
(2)
A statement of the applicant's legal interest in the property
(owner, contract purchaser, lessee, renter, and the like), a
description of that interest, and, in case the applicant is not
the owner, that the owner knows of the application.
(3)
The address and legal description of the property.
(4)
A statement explaining the intended request.
b.
Any other materials or information the applicant wishes to
submit. For example, these materials might consist of a
schematic development plan of the proposed development, showing:
(1)
The general location of the proposed development.
(2)
Major existing physical and natural features, such as water
courses, rock outcroppings, marshes, wooded areas, and the like.
(3)
The location of the major existing drainageways and utilities.
(4)
The location and names of public streets, parks, and utility
rights-of-way within or adjacent to the proposed development.
(5)
The general location and dimensions of proposed streets,
driveways, sidewalks, pedestrian ways, trails, off-street parking,
and loading areas.
(6)
The general location and approximate dimensions of proposed
structures.
(7)
Major proposed landscaping features.
(8)
Approximate contours.
(9)
Sketches showing the scale, character, and relationship of
buildings, streets, and open space.
(10)
The approximate location and type of proposed drainage, water, and
sewerage facilities.
(11)
Site evaluation for solar access potential.
3.
Information provided by the City.
At such a conference the City Planning Official or designee
shall:
a.
Cite the comprehensive plan policies and map designations
applicable to the proposal;
b.
Cite the ordinance provisions, including substantive and
procedural requirements applicable to the proposal;
c.
Provide available technical data and assistance that will aid the
applicant;
d.
Identify other governmental policies and regulations that relate
to the application; and
e.
Reasonably identify other opportunities or constraints concerning
the application.
4.
Disclaimer.
Failure
of the City Planning Official or his/her designee to provide any
of the information required by this Section shall not constitute a
waiver of any of the standards, criteria or requirements for the
application;
5.
Changes in the law.
Due
to possible changes in federal, state, regional, and local law,
the applicant is responsible for ensuring that the application
complies with all applicable laws on the day the application is
deemed complete.
E.
Applications.
1. Initiation of applications:
a. Applications for approval under this Chapter may be initiated
by:
1. The City
Council;
2. The Planning
Commission;
3. The Planning
Secretary;
4.
A record owner of property (person(s) whose name is on the most
recently recorded deed), or contract purchaser with written
permission from the record owner.
b.
Any person authorized to submit an application for approval may
request an agent, authorized in writing, to make the application
on their behalf.
2.
Check for acceptance and completeness. In reviewing an
application for completeness, the following procedure shall be
used:
a.
When the City receives an application, the Planning Secretary
shall immediately determine whether the following essential items
are present. If the following items are not present, the
application shall not be accepted and shall be immediately
returned to the applicant;
1. The required
form;
2. The required
fee;
3.
The signature of the applicant on the required form, and signed
written authorization of the property owner of record if the
applicant is not the owner.
b. Completeness.
1.
After the application is accepted, the Planning Secretary shall
review the application for completeness. If the application
is incomplete, the Planning Secretary shall notify the applicant
in writing of exactly what information is missing within 30 days
of receipt of the application and allow the applicant 180 days to
submit the missing information;
2.
In accordance with the application submittal requirements of this
Chapter, the application shall be deemed complete of all required
information upon receipt by the Planning Secretary. The
applicant shall have the option of withdrawing the application, or
refusing to submit information requested by the Planning Secretary
in 1., above. For the refusal to be valid, the refusal
shall be made in writing and received by the Planning Secretary no
later than 14 days after the date on the Planning Secretary’s
letter of incompleteness. If the applicant refuses in
writing to submit the missing information, the application shall
be deemed complete on the 31st day after the Planning
Secretary first accepted the application.
3.
Approval or denial of the application shall be based upon the
standards and criteria that were applicable at the time the
application was first accepted.
3. Once an
application is deemed complete:
a.
All documents and other evidence relied upon by the applicant
shall be submitted to the Planning Secretary at least 14 days
before the notice of action or hearing is mailed;
b.
When the applicant submits documents or other evidence during the
review period, but after the application is deemed complete, the
assigned review person or body shall determine whether or not the
new documents or other evidence submitted by the applicant
significantly change the application;
c.
If the assigned reviewer determines that the new documents or
other evidence significantly change the application, the reviewer
shall include a written determination that a significant change in
the application has occurred as part of the decision. In the
alternate, the reviewer may inform the applicant either in
writing, or orally at a public hearing, that such changes may
constitute a significant change (see “d”, below), and allow
the applicant to withdraw the new materials submitted, in order to
avoid a determination of significant change;
d.
If the applicant's new materials are determined to constitute a
significant change in an application that was previously deemed
complete, the City shall take one of the following actions, at the
choice of the applicant:
1.
Continue to process the existing application and allow the
applicant to submit a new second application with the proposed
significant changes. Both the old and the new applications
will proceed, but each will be deemed complete on different dates
and may therefore be subject to different criteria and standards
and different decision dates;
2.
Suspend the existing application and allow the applicant to submit
a new application with the proposed significant changes.
Before the existing application can be suspended, the applicant
must consent in writing to waive the 120-day rule (Section A.
above) on the existing application. If the applicant does
not consent, the City shall not select this option;
3.
Reject the new documents or other evidence that has been
determined to constitute a significant change, and continue to
process the existing application without considering the materials
that would constitute a significant change. The City will
complete its decision‑making process without considering the
new evidence;
e.
If a new application is submitted by the applicant, that
application shall be subject to a separate check for acceptance
and completeness and will be subject to the standards and criteria
in effect at the time the new application is accepted.
F.
Planning Secretary’s Duties. The Planning Secretary
shall:
1.
Prepare application forms based on the criteria and standards in
applicable State law, the City’s Comprehensive Plan, and
implementing ordinance provisions;
2. Accept all
development applications that comply with Section 155.4.1.3;
3.
Prepare staff report that summarizes the application(s) and
applicable decision criteria, and provides findings of conformance
and/or non-conformance with the criteria. The staff report
should also provide a recommended decision of approval, denial, or
approval with specific conditions that ensure conformance with the
approval criteria;
4. Prepare a
notice of the proposed decision:
a.
In the case of an application subject to a Type I or II Procedure,
the Planning Secretary shall make the staff report and all
case-file materials available at the time that the notice of the
decision is issued;
b.
In the case of an application subject to a hearing (Type III or IV
Procedure), the Planning Secretary shall make the staff
report available to the public at least seven days prior to the
scheduled hearing date, and make the case-file materials available
when notice of the hearing is mailed, as provided by Sections
155.4.1.6.C (Type III), or 155.4.1.7.D (Type IV);
5. Assist the
hearings process;
6.
File notice of the final decision in the City’s records and mail
a copy of the notice of the final decision to the applicant; all
persons who provided comments or testimony; persons who requested
copies of the notice; and any other persons entitled to notice by
law;
7.
Maintain and preserve the file for each application for the time
period required by law. The file shall include, as
applicable, a list of persons required to be given notice and a
copy of the notice given; the affidavits of notice; the
application and all supporting information; the staff report; the
final decision including the findings, conclusions and conditions,
if any; all correspondence; minutes of any meeting at which the
application was considered; and any other exhibit, information or
documentation which was considered by the decision-maker(s) on the
application; and
8. Assist the
review process.
G.
Amended Decision Process.
1.
The purpose of an amended decision process is to allow the
Planning Secretary to correct typographical errors, rectify
inadvertent omissions and/or make other minor changes, which do
not materially alter the decision.
2.
The Planning Secretary may issue an amended decision after
the notice of final decision has been issued but before the appeal
period has expired. If such a decision is amended, the
decision shall be issued within ten business days after the
original decision would have become final, but in no event beyond
the 120-day period required by State law. A new ten-day
appeal period shall begin on the day the amended decision is
issued.
3.
Notice of an amended decision shall be given using the same
mailing and distribution list as for the original decision notice.
Modifications
to approved plans or conditions of approval requested by the
applicant shall follow the procedures contained in Section
155.4.6. All other requested changes to decisions that do
not qualify as minor or major modifications shall follow the
appeal process.
H.
Re-submittal of Application Following Denial. An
application which has been denied, or an application which was
denied and which on appeal or review has not been reversed by a
higher authority, including the Land Use Board of Appeals, the
Land Conservation and Development Commission or the courts, may
not be resubmitted as the same or a substantially similar proposal
for the same land for a period of at least 12 months from the date
the final City action is made denying the application.
I.
American Disabilities Act. All public-meeting notices
shall comply with the American Disabilities Act.
155.4.1.4
Type I Procedure (Ministerial)
A.
Application Requirements.
1.
Application Forms. Type I applications shall be made on
forms provided by the Planning Secretary.
2. Application
Requirements. Type I applications shall:
a.
Include the information requested on the application form and by
the Planning Secretary;
b. Address the
criteria in sufficient detail for review and action.
B.
Administrative Decision Requirements. The Planning
Secretary’s decision shall address all of the approval
criteria. Based on the criteria and the facts contained
within the record, the Planning Secretary shall approve, approve
with conditions, or deny the requested permit or action. A
written record of the decision shall be provided to the applicant
and kept on file at City Hall.
C.
Final Decision. The decision shall be final 14
calendar days after the date it is mailed or otherwise provided to
the applicant, whichever occurs first. If the decision is to
be appealed, the appeal must be filed with the Planning Secretary
before the final decision date. Appeal of the Planning
Secretary’s decision will be to the Planning Commission during
the next scheduled Planning Commission meeting without the
requirement of formal public notice and public hearing. An
appealed decision will be final with the Planning Commission’s
decision.
D.
Effective Date. The decision is effective the day it
is final.
155.4.1.5
Type II Procedure (Administrative)
A.
General. The Type II Procedure will generally be used
for advisory functions (e.g. Concept Assistance and Code
Interpretation) in the land use processes and will not be defined
by criteria outside that stated in this chapter. The
application shall be heard in open public session of the Planning
Commission or Road Commission with opinions and recommendations
becoming part of the public record.
B.
Application requirements.
1.
Application Forms. Type II applications shall be made on
forms provided by the Planning Secretary or Road Secretary as
appropriate;
2. Submittal
Information. The application shall:
a.
Include the information requested on the application form; and
b.
Be accompanied by the required fee.
155.4.1.6
Type III Procedure (Quasi-Judicial)
A.
Pre-application conference. Required
for discretionary land use permits including preliminary P.U.D.
plans and conditional use permits.
B.
Application requirements.
1.
Type III applications shall be made on forms provided by the
Planning Secretary;
2. Type III
applications shall:
a.
Include the information requested on the application form and by
the Planning Secretary;
b. Be filed with
copies of a narrative statement that explains how the application
satisfies each and all of the relevant criteria in sufficient
detail for review and action;
c. Be accompanied
by the required fee; and
d.
Include an impact study for all Type III applications. The
impact study shall quantify/assess the effect of the development
on the transportation system, wetlands, riparian areas and
Shorelands. The study shall propose improvements necessary to meet
City standards and to minimize the impact of the development on
the public at large, and affected private property users. In
situations where this Code requires the dedication of real
property to the City, the applicant shall either specifically
agree to the dedication requirement, or provide evidence that
shows that the real property dedication requirement is not roughly
proportional to the projected impacts of the development.
C.
Process in General
Per
ORS 197.522 a land use application shall be:
1.
Approved if the application meets all City Code
requirements.
2.
Approved if an application does not meet all City Code
requirements, but can be changed to meet all requirements. The
application approval decision shall specify all reasonable
conditions necessary to meet all City Code requirements.
3.
Disapproved if any City Code requirement cannot be met with
stipulated conditions, or the applicant declines acceptance of any
stipulated condition.
D.
Notice of Hearing.
1. A minimum of two hearings,
one before the Planning Commission and one before the City
Council, are required for all Type III applications submitted to
the City.
2.
Mailed notice. The Planning Secretary shall give notice of a
Type III application hearing in the following manner:
a. At least 20
days before the hearing date, notice shall be mailed to:
(1) The applicant and
all owners or contract purchasers of record of the property
which is the subject of the application;
(2) All property owners
of record within 300 feet of the property which is the
subject of the application;
(3) Any governmental
agency, which has entered into an intergovernmental
agreement
with the City that includes provision for such notice, or who is
otherwise entitled to such notice;
(4) Any person who
submits a written request to receive notice;
(5) For appeals, the
appellant and all persons who provided testimony.
b. The Planning Secretary shall have an
affidavit of notice prepared and made a part of
the administrative record. The affidavit shall state the
date that the notice was posted
on the property and mailed to the persons who must receive notice;
c. At least 14 business days before the
hearing, notice of the hearing shall be printed in
a newspaper of general circulation in the City. The
newspaper’s affidavit of
publication of the notice shall be made part of the administrative
record;
d. At least 14 business days before the
hearing, the Planning Secretary shall post
notice
of the hearing on the property per Subsection 3 below.
The Planning Secretary
shall prepare and submit an affidavit of posting of the notice
that shall be made part
of the administrative record.
3.
Content of Notice. Notice of a Type III hearing to be
mailed, posted and published per
Subsection 2.above shall contain the following information:
a. The nature of the application and the
proposed land use or uses, which could be
authorized for the property;
b. The applicable criteria and standards
from the development codes(s) that apply
to the application;
c. The street address or other easily
understood geographical reference to the subject
property;
d. The date, time, and location of the
public hearing;
e. A statement that the failure to raise
an issue in person, or by letter at the hearing,
or failure to provide statements or evidence sufficient to afford
the decision-maker
an opportunity to respond to the issue, means that an appeal based
on that issue
cannot be filed with the State Land Use Board of Appeals;
f. The name of a City representative to
contact and the telephone number where
additional information on the application may be obtained;
g. A statement that a copy of the
application, all documents and evidence submitted
by or for the applicant, and the applicable criteria and standards
can be reviewed at
Dunes City, City Hall at no cost and that copies shall be provided at
a reasonable cost.
4.
The failure of any person to receive notice shall not invalidate
the action, providing:
a.
Personal notice is deemed given when the notice is deposited with
the United States Postal Service;
b. Published
notice is deemed given on the date it is published.
E.
Conduct of the Public Hearing.
1.
Unless otherwise provided in the rules of procedure adopted by the
City Council:
a.
The presiding officer of the Planning Commission and of the City
Council shall have the authority to:
1. Regulate the
course, sequence, and decorum of the hearing;
2. Direct
procedural requirements or similar matters; and
3. Impose
reasonable time limits for oral presentations.
b. No person shall
address the Commission or the Council without:
1. Receiving
recognition from the presiding officer; and
2. Stating their
full name and residence address.
c.
Disruptive conduct such as applause, cheering, or display of signs
shall be cause for expulsion of a person or persons from the
hearing, termination or continuation of the hearing, or other
appropriate action determined by the presiding officer.
2. At the
commencement of the hearing, the presiding officer shall state:
a.
The applicable approval criteria and standards that apply to the
application; or
b.
That testimony and evidence shall
concern the approval criteria described in the staff report, or
other criteria in the Comprehensive Plan or land use regulations
which the person testifying believes to apply to the decision;
c.
That failure to raise an issue
with sufficient detail to give the City Council or Planning
Commission and the parties an opportunity to respond to the issue
precludes appeals on that issue;
d.
That before the conclusion of the
initial Public Hearing, any participant may ask the City Council
or Planning Commission for an opportunity to present additional
relevant evidence or testimony that is within the scope of the
hearing. The City Council or Planning Commission shall grant
the request by scheduling a date to finish the hearing (a “continuance”)
per Subsection 3. below, or by leaving the record open for
additional written evidence or testimony per Subsection 4. below.
3.
If the City Council or Planning Commission grants a continuance,
the completion of the hearing shall be continued to a date, time,
and place at least seven days after the date of the first
evidentiary hearing. An opportunity shall be provided at the
second hearing for persons to present and respond to new written
evidence and oral testimony. If new written evidence is
submitted at the second hearing, any person may request, before
the conclusion of the second hearing, that the record be left open
for at least seven days, so that they can submit additional
written evidence or testimony in response to the new written
evidence;
4.
If the City Council or Planning Commission leaves the record open
for additional written evidence or testimony, the record shall be
left open for at least seven days after the hearing. Any
participant may ask the City in writing for an opportunity to
respond to new evidence submitted during the period the record was
left open. If such a request is filed, the City Council or
Planning Commission shall reopen the record.
a.
When the City Council or Planning Commission reopens the record to
admit new evidence or testimony, any person may raise new issues
that relate to that new evidence or testimony;
b.
An extension of the hearing or record granted pursuant to
Subsection E is subject to the limitations of ORS 227.178 (120-day
rule), unless the continuance or extension is requested or agreed
to by the applicant;
c.
If requested by the applicant, the City shall allow the applicant
at least seven days after the record is closed to all other
persons to submit final written arguments in support of the
application, unless the applicant expressly waives this
right. The applicant’s final submittal shall be part of
the record but shall not include any new evidence.
5. The record.
a.
The record shall contain all testimony and evidence that is
submitted to the City, the Planning Commission, and the City
Council and not rejected;
b.
The City Council or Planning Commission may take official notice
of judicially cognizable facts under the applicable law. If
the review authority takes official notice, it must announce its
intention and allow persons participating in the hearing to
present evidence concerning the noticed facts;
6.
Participants in a Type III hearing are entitled to an impartial
review authority as free from potential conflicts of interest and
pre-hearing ex parte contacts (see Subsection 7. below) as
reasonably possible. However, the public has a
countervailing right of free access to public officials.
Therefore:
a.
At the beginning of the public hearing, City Council and Planning
Commission members shall disclose the substance of any pre-hearing
ex parte contacts (defined in Subsection 7. below) concerning the
application or appeal. He or she shall state whether the
contact has impaired their impartiality or their ability to vote
on the matter and shall participate or abstain accordingly;
b.
A member of the City Council or Planning Commission shall not
participate in any proceeding in which they, or any of the
following, has a direct or substantial financial interest:
Their spouse, brother, sister, child, parent, father-in-law,
mother-in-law, partner, any business in which they are then
serving or have served within the previous two years, or any
business with which they are negotiating for or have an
arrangement or understanding concerning prospective partnership or
employment. Any actual or potential interest shall be
disclosed at the hearing where the action is being taken;
c.
Disqualification of a member of the City Council or Planning
Commission due to contacts or conflict may be ordered by a
majority of the members present and voting. The person who
is the subject of the motion may not vote on the motion to
disqualify;
d.
If all members abstain or are disqualified, those members present
who declare their reasons for abstention or disqualification shall
be re‑qualified to make a decision;
e.
Any member of the public may raise conflict of interest issues
prior to or during the hearing, to which the member of the City
Council or Planning Commission shall reply in accordance with this
section.
7. Ex parte
communications.
a. Members of the
City Council and Planning Commission shall not:
1.
Communicate, directly or indirectly, with any applicant,
appellant, other party to the proceedings, or representative of a
party about any issue involved in a hearing, except upon giving
notice, per Subsection 6. above;
2.
Take official notice of any communication, report, or other
materials outside the record prepared by the proponents or
opponents in connection with the particular case, unless all
participants are given the opportunity to respond to the noticed
materials.
b.
No decision or action of the City Council or Planning Commission
shall be invalid due to ex parte contacts or bias resulting
from ex parte contacts, if the person receiving contact:
1.
Places in the record the substance of any written or oral ex parte
communications concerning the decision or action; and
2.
Makes a public announcement of the content of the communication
and of all participants’ right to dispute the substance of the
communication made. This announcement shall be made at the
first hearing following the communication during which action
shall be considered or taken on the subject of the communication.
c.
A communication between City staff and the City Council or
Planning Commission is not considered an ex parte contact.
8. Presenting and
receiving evidence.
a.
The City Council and Planning Commission may set reasonable time
limits for oral presentations and may limit or exclude cumulative,
repetitious, irrelevant or personally derogatory testimony or
evidence.
b.
No oral testimony shall be accepted after the close of the public
hearing. Written testimony may be received after the close
of the public hearing, only as provided in this subsection.
c.
Members of the City Council and Planning Commission may visit the
property and the surrounding area, and may use information
obtained during the site visit to support their decision, if the
information relied upon is disclosed at the hearing and an
opportunity is provided to dispute the evidence. In the
alternative, a member of the City Council or Planning Commission
may visit the property to familiarize him or herself with the site
and surrounding area, but not to independently gather
evidence. In the second situation, at the beginning of the
hearing, he or she shall disclose the circumstances of the site
visit and shall allow all participants to ask about the site
visit.
F.
The Decision Process.
1.
Approval or denial of a Type III application shall be based on
standards and criteria in the development code. The
standards and criteria shall relate approval or denial of a
discretionary development permit application to the development
regulations and, when appropriate, to the Comprehensive Plan for
the area in which the development would occur and to the
development regulations, Comprehensive Plan for the City as a
whole, and the Master Road Plan;
2.
Approval or denial shall be based upon the criteria and standards
considered relevant to the decision. The written decision
shall explain the relevant criteria and standards, state the facts
relied upon in rendering the decision, and justify the decision
according to the criteria, standards, and facts;
3.
The City Council shall issue a final written order containing the
findings and conclusions stated in Subsection 2 above, which
approves, denies, or approves with specific conditions.
4.
Written notice of a Type III decision shall be mailed to the
applicant and to all participants of record within ten business
days after the City Council decision. Failure of any person
to receive mailed notice shall not invalidate the decision,
provided that a good faith attempt was made to mail the
notice. The notice of decision shall include an explanation
of appeal rights and briefly summarize the decision making process
for the decision being made.
5.
The decision of the City Council on any Type III application is
final for purposes of appeal on the date it is mailed by the
City. The decision is effective on the day after the appeal
period expires.
155.4.1.7
Type IV Procedure (Legislative)
A.
Application requirements.
1.
Type IV applications shall be made on forms provided by the
Planning Secretary;
2. The application
shall contain:
a. The information
requested on the application form;
b.
A map and/or plan addressing the appropriate criteria and
standards in sufficient detail for review and decision (as
applicable);
c.
The required fee; and
d.
Two copies of a letter or narrative statement that explains how
the application satisfies each and all of the relevant approval
criteria and standards.
B.
Notice of Hearing.
1.
A minimum of two hearings, one before the Planning Commission and
one before the City Council, are required for all Type IV
applications submitted to the City.
2.
The Planning Secretary shall give notice of public hearings for
the request in the following manner:
a.
At least 20 days, but not more than 40 days, before the date of
the first hearing on an ordinance that proposes to amend the
Comprehensive Plan or any element thereof, or to adopt an
ordinance that proposes to rezone property, a notice shall be
prepared in conformance with ORS 227.175 and mailed to:
1.
Each owner whose property would be rezoned in order to implement
the ordinance (i.e., owners of property subject to a Comprehensive
Plan amendment shall be notified if a rezone would be required to
implement the proposed Comprehensive Plan amendment);
2. Any affected
governmental agency.
3.
Recognized neighborhood groups or associations affected by the
ordinance;
4.
Any person who requests notice in writing;
5.
For a rezone affecting a manufactured home or recreational vehicle
park, all mailing addresses within the park.
b.
At least 14 days before the scheduled Planning Commission
public hearing date, and 14 days before the City Council
hearing date, notice shall be published in a newspaper of general
circulation in the City.
c. The Planning
Secretary shall:
1.
For each mailing of notice provided in Subsection B.2. above, file
an affidavit of mailing in the record; and
2.
For each published notice provided in Subsection B.2. above, file
an affidavit of publication in the record;
d.
The Department of Land Conservation and Development (DLCD) shall
be notified in writing of proposed Comprehensive Plan and
development code amendments at least 45 days before the first
public hearing at which public testimony or new evidence will be
received.
3. The mailed and
published notices shall include the following information:
a.
The number and title of the file containing the application, and
the address and telephone number of the Planning Secretary’s office
where additional information about the application can be
obtained;
b.
The identification of the Tax Map and Lot and the street address
if available on the proposal;
c.
A description of the proposal in enough detail for people to
determine that a change is proposed;
d.
The time(s), place(s), and date(s) of the public hearing(s); a
statement that public oral or written testimony is invited; a
statement that the hearing will be held under this title and rules
of procedure adopted by the Council and available at City Hall
(See Subsection C below); and written testimony shall be submitted
to the City at least 14 days prior to the hearing.
e.
Each mailed notice required by Subsection B.2. above shall contain
the following statement: “Notice to mortgagee, lien
holder, vendor, or seller: The Dunes City Development
Code requires that if you receive this notice it shall be promptly
forwarded to the purchaser.”
4.
The failure of any person to receive notice shall not invalidate
the action, providing:
a.
Personal notice is deemed given when the notice is deposited with
the United States Postal Service;
b. Published
notice is deemed given on the date it is published.
C.
Hearing Process and Procedure.
1. Unless
otherwise provided in the rules of procedure adopted by the City
Council:
a.
The presiding officer of the Planning Commission and of the City
Council shall have the authority to:
1. Regulate the
course, sequence, and decorum of the hearing;
2. Direct
procedural requirements or similar matters; and
3. Impose
reasonable time limits for oral presentations.
b. No person shall
address the Planning Commission or the City Council without:
1. Receiving
recognition from the presiding officer; and
2. Stating their
full name and residence address.
c.
Disruptive conduct such as applause, cheering, or display of signs
shall be cause for expulsion of a person or persons from the
hearing, termination or continuation of the hearing, or other
appropriate action determined by the presiding officer.
2.
Unless otherwise provided in the rules of procedures adopted by
the Council, the presiding officer of the Planning Commission and
of the City Council, shall conduct the hearing as follows:
a.
The presiding officer shall begin the hearing with a statement of
the nature of the matter before the body, a general summary of the
procedures, a summary of the standards for decision-making, and
whether the decision which will be made is a recommendation to the
City Council or the final decision of the City Council;
b.
The Planning Secretary’s report and other applicable staff
reports shall be presented;
c. The public
shall be invited to testify;
d.
The public hearing may be continued to allow additional testimony
or it may be closed; and
e.
The body’s deliberation may include questions to the staff,
comments from the staff, and inquiries directed to any person
present.
D.
Continuation of the Public Hearing. The Planning
Commission or the City Council may continue any hearing, and no
additional notice of hearing shall be required if the matter is
continued to a specified place, date, and time.
E.
Decision-Making Considerations. The recommendation by
the Planning Commission and the decision by the City Council shall
be based on consideration of the following factors:
1.
The Statewide Planning Goals and Guidelines adopted under Oregon
Revised Statutes Chapter 197 (for Comprehensive Plan amendments
only);
2.
Comments from any applicable federal or state agencies regarding
applicable statutes or regulations;
3. Any applicable
intergovernmental agreements; and
4.
Any applicable Comprehensive Plan policies and provisions of this
Code that implement the Comprehensive Plan. Compliance
with Section 155.4.7 shall be required for Comprehensive Plan
amendment, and Master Road Plan amendment.
F.
Approval Process and Authority.
1.
The Planning Commission shall, after notice and a public hearing,
vote on and prepare a recommendation to the City Council to
approve, approve with modifications, approve with conditions, deny
the proposed change, or adopt an alternative.
2.
Any member of the Planning Commission who votes in opposition to
the Planning Commission’s majority recommendation may file a
written statement of opposition with the Planning Secretary within
14 days of the decision. The Planning Secretary shall
provide a copy to each City Council member and place a copy in the
record;
3.
If the Planning Commission fails to adopt a recommendation to
approve, approve with modifications, approve with conditions, deny
the proposed change, or adopt an alternative proposal within 30
days of its first public hearing on the proposed change, the
Planning Secretary shall:
a.
Report the failure together with the proposed change to the City
Council; and
b.
Provide notice and put the matter on the City Council’s agenda,
a public hearing to be held, and a decision to be made by the City
Council. The Planning Commission shall take no further
action.
4. The City
Council shall:
a.
Approve, approve with modifications, approve with conditions,
deny, or adopt an alternative to an application for legislative
change, or remand the application to the Planning Commission for
rehearing and reconsideration on all or part of the application;
b.
Consider the recommendations of the Planning Commission and Road
Commission; however, it is not bound by the Commissions’
recommendation; and
c.
Act by ordinance, which shall be signed by the Mayor after the
City Council’s adoption of the ordinance.
G.
Vote Required for a Legislative Change.
1.
A vote by a majority of the qualified voting members of the
Planning Commission present is required for a recommendation for
approval, approval with modifications, approval with conditions,
denial or adoption of an alternative.
2.
A vote by a majority of the qualified members of the City Council
present is required to decide any motion made on the
proposal.
H.
Notice of Decision. Notice of a Type IV decision
shall be mailed to the applicant, all participants of record, and
the Department of Land Conservation and Development, within five
business days after the City Council decision. The City
shall also provide notice to all persons as required by other
applicable laws.
I.
Final Decision and Effective Date. A Type IV
decision, if approved, shall take effect and shall become final as
specified in the enacting ordinance, or if not approved, upon
mailing of the notice of decision to the applicant.
J.
Record of the Public Hearing.
1.
A verbatim record of the proceeding shall be made by electronic
means. It is not necessary to transcribe the electronic
record. The minutes and other evidence presented, as a part
of the hearing shall be part of the record;
2. All exhibits received and
displayed shall be marked to provide identification and shall be
part of the record;
3. The official
record shall include:
a. All materials
considered by the Planning Commission;
b.
All materials submitted by the Planning Secretary to the Planning
Commission regarding the application;
c.
The verbatim record made by the stenographic, mechanical, or
electronic means, the minutes of the hearing, and other documents
considered;
d. The final
ordinance;
e. All
correspondence; and
f.
A copy of the notices, which were given as required by this
Section.
K.
City Initiated Changes.
Land
Use Code, Master Road Plan, and Comprehensive Plan changes
initiated by the City shall follow normal City Code change
procedures
155.4.1.8
Expedited Land Division
An
Expedited Land Division (“ELD”) shall be defined and may be
used as in ORS 197.360.
A.
An applicant who wishes to use an ELD procedure for a partition
instead of the regular procedure type assigned to it, must request
the use of the ELD in writing at the time the application is
filed, or forfeit his/her right to use it;
B. An ELD shall be
reviewed in accordance with the procedures in ORS 197.365;
C.
An appeal of an ELD shall be in accordance with the procedures in
ORS 197.375;
D.
The ELD process shall be a Type II Planning Commission decision
conducted without a public hearing during a regular Planning
Commission meeting.
155.4.1.9
Limited Land Use Decision
A
Limited Land Use Decision (“LLUD”) shall be defined as in ORS
197.015(13) and ORS 197.195.
A.
Pre-application conference. Required for partitions,
subdivisions and site review permit applications
B.
Application requirements.
1.
An application for a limited land use shall be made on forms
provided by the Planning Secretary;
2. An application
for a limited land use shall:
a. Include the
information requested on the application form and by the Planning
Secretary;
b. Be filed with
copies of a narrative statement that explains how the application
satisfies each and all of the relevant criteria in sufficient
detail for review and action;
c. Be accompanied
by the required fee; and
d.
Include an impact study. The impact study shall
quantify/assess the effect of the development on the
transportation system, wetlands, riparian areas and Shorelands.
The study shall propose improvements necessary to meet City
standards and to minimize the impact of the development on the
public at large, and affected private property users. In
situations where this Code requires the dedication of real
property to the City, the applicant shall either specifically
agree to the dedication requirement, or provide evidence that
shows that the real property dedication requirement is not roughly
proportional to the projected impacts of the development.
C.
Process in General
Per
ORS 197.195(4) a land use application shall be:
1.
Approved if the application meets all City Code requirements.
2.
Approved if an application does not meet all City Code
requirements, but can be changed to meet all requirements. The
application approval decision shall specify all reasonable
conditions necessary to meet all City Code requirements.
3.
Disapproved if any City Code requirement cannot be met with
stipulated conditions, or the applicant declines acceptance of any
stipulated condition.
D.
Notice of Hearing.
1.
A minimum of one hearing before the Planning Commission is
required for all applications for a limited land use decision
(partition, subdivision, or site review) submitted to the City.
2.
Mailed notice. The Planning Secretary shall give notice of a
limited land use application hearing in the following manner:
a. At least
14–days before the hearing date, notice shall be mailed to:
(1)
The applicant and all owners or contract purchasers of record of
the property that is the subject of the application;
(2) All property owners
of record within 300 feet of the property that is
the
subject of the application;
(3) Any governmental
agency, that has entered into an intergovernmental
agreement with the City that includes provision for such notice,
or that is
otherwise entitled to such notice;
(4) Any person who
submits a written request to receive notice;
(5) For appeals, the
appellant and all persons who provided testimony.
b.
The Planning Secretary shall have an affidavit of notice prepared
and made a part of the administrative record. The affidavit
shall state the date that the notice was mailed to the persons who
must receive notice;
c.
At least 14 business days before the hearing, notice of the
hearing shall be printed in a newspaper of general circulation in
the City. The newspaper’s affidavit of publication of the
notice shall be made part of the administrative record;
d.
At least 14 business days before the hearing, the Planning
Secretary shall post notice of the hearing on the property per
Subsection 3 below. The Planning Secretary shall prepare and
submit an affidavit of posting of the notice that shall be made
part of the administrative record.
3.
Content of Notice. Notice of a limited land use hearing to
be mailed, posted and published per Subsection 2. Above, shall
contain the following information:
a.
State that issues which may provide the basis for an appeal to the Land
Use Board of Appeals shall be raised in writing prior to the
expiration of the comment period. Issues shall be raised with
sufficient specificity to enable the decision maker to respond to
the issue;
b.
List, by commonly used citation, the applicable criteria for the
decision;
c.
Set forth the street address or other easily understood
geographical reference to the subject property;
d.
State the date, time, and location of the public hearing;
e.
State that copies of all evidence relied upon by the applicant are
available for review, and that copies can be obtained at cost;
f.
The name of a City representative to contact and the telephone
number where additional information on the application may be
obtained;
g.
Briefly summarize the local decision making process for the
limited land use decision being made.
4.
The failure of any person to receive notice shall not invalidate
the action, providing:
a.
Personal notice is deemed given when the notice is deposited with
the United States Postal Service;
b. Published
notice is deemed given on the date it is published.
E.
Conduct of the Public Hearing.
The
conduct of a hearing on an application for a limited land use
shall be the same as a Type III proceeding, as provided by Section
155.4.1.6.E.
F.
The Decision Process.
1.
Approval or denial of a application for a limited land use shall
be based on standards and criteria in the development code.
The standards and criteria shall relate approval or denial of a
limited land use application to the appropriate development
regulations;
2.
Approval or denial shall be based upon the criteria and standards
considered relevant to the decision. The written decision
shall explain the relevant criteria and standards, state the facts
relied upon in rendering the decision, and justify the decision
according to the criteria, standards, and facts;
3.
The Planning Commission shall issue a final written order based
upon and accompanied by a brief statement that explains the
criteria and standards considered relevant to the decision, states
the facts relied upon in rendering the decision and explains the
justification for the decision based on the criteria, standards
and facts set forth.
4.
Written notice of a limited land use decision shall be mailed to
the applicant and to all participants of record within ten
business days after the Planning Commission decision.
Failure of any person to receive mailed notice shall not
invalidate the decision, provided that a good faith attempt was
made to mail the notice. The notice of decision shall
include an explanation of appeal rights and briefly summarize the
decision making process for the decision being made.
G.
The Appeal Process.
1.
A decision of the Planning Commission on a limited land use
decision may be appealed to the City council on a form provided by
the Planning Secretary. Persons who have appeared before the
Planning Commission orally or in writing may appeal a limited land
use decision issued by the Planning Commission. Any member of the
City Council may for any reason bring a limited land use decision
issued by the Planning Commission before the City Council if they
file an appeal with the Planning Secretary consistent with Section
155.4.1.9.G.2.
2.
An appeal must be filed with the Planning Secretary within 15–days
of the mailing of the notice of Planning Commission decision.
3.
The City Council shall hear the appeal at a public hearing. The
hearing may be limited to the record developed pursuant to the
Planning Commission’s decision–making process. A hearing on
appeal that allows the introduction of additional testimony shall
comply with the requirements of a Type III hearing process and ORS
197.763.
4.
The decision of the City Council on any appeal of a limited land
use application is final for purposes of appeal on the date it is
mailed by the City.
5.
Written notice of the decision rendered on appeal shall be given
to all parties who appeared, either orally or in writing, before
the hearing. The notice of decision shall include an explanation
of the rights of each party to appeal the decision.
155.4.2
— Site Review Permit
(A)
Purpose. It is the purpose of this section
to establish a site review permit procedure for specified uses or
applications requiring comprehensive review of proposed site
development in order to maintain or improve the character and
attractiveness of the general area, to encourage the most
appropriate development of the site compatible with the
neighbor-hood, to prevent undue traffic and pedestrian hazards or
congestion, to reduce adverse impacts upon public facilities and
services, and to provide a healthful, stable, efficient, and
pleasant on-site environment.
(B)
Site review permits required.
(1)
To accomplish the purpose of this section, a site review permit
shall be required when:
(a)
Commercial, mobile home, or travel trailer parks or other
non-residential uses or structures are proposed for a property
within 100 feet of a Residential (R‑1) District boundary or
residentially developed property.
(b)
Incidental to any zoning or rezoning application approval, when it
is determined by the City Council that a site review permit would
be necessary to ensure that such approval would be consistent with
the intent and purposes of this part.
(c)
Incidental to an expansion of a nonconforming use of land and
structures as permitted in this part.
(d)
A district in this part specifically requires a site review permit
for uses permitted outright or conditionally in the district.
(2)
Any properties requiring a site review permit pursuant to (1)(b)
above shall be designated “SR” in the amending ordinance, on a
map attached as an exhibit to the ordinance, and on the official
Zoning Map, as applicable.
(3)
No building permit shall be issued until a site review permit has
been obtained as required by this section. Further, the
building permit can be issued only for development as approved
according to the site review procedures herein specified.
(C)
Criteria for site review evaluation. The
Planning Commission and City Council shall consider the following
minimum criteria as applicable in evaluating site review
applications, to ensure that the purpose and requirements of this
section are met:
(1)
The location, design, size, shape and arrangement of the uses and
structures shall be in scale and are compatible with the
surroundings.
(2)
There is a desirable, efficient, and workable inter-relationship
among buildings, parking, circulation, open space, landscaping,
and related activities and uses, resulting in an attractive,
healthful, and pleasant environment for living, shopping, or
working.
(3)
There is no unnecessary destruction of existing healthy trees or
other major vegetation, and due consideration is given to the
preservation of distinctive historical or natural features.
(4)
The quantity, location, height, and materials of walls, fences,
hedges, screen planting, and landscape areas are such that they
serve their intended purpose and have no undue adverse effect on
existing or contemplated abutting land use.
(5)
Suitable planting of ground cover or other surfacing is provided
to prevent erosion and reduce dust.
(6)
The location, design, and size of the uses are such that the
residents or establishments to be accommodated will be adequately
served by community facilities and service or by other facilities
suitable for the intended uses, in conformity with the
comprehensive plan.
(7)
Based upon anticipated traffic generation, adequate additional
right-of-way and road improvements must be provided by the
development in order to promote traffic safety and reduce traffic
congestion. Consideration shall be given to the need and
feasibility of widening and improving abutting streets and also to
the necessity for such additional requirements as lighting,
sidewalks, and turn and deceleration/acceleration lanes.
(8)
There must be a safe and efficient circulation pattern within the
boundaries of the development. Consideration shall include
the layout of the site with respect to the location and dimensions
of vehicular and pedestrian entrances, exits, drives, walkways,
buildings, and other related facilities.
(9)
There must be adequate off-street parking and loading/unloading
facilities provided in a safe, efficient, and pleasant
manner. Consideration shall include the layout of the
parking and loading/ unloading facilities and their surfacing,
lighting, and landscaping.
(10)
The location, quantity, height, and shape of areas or structures
that define interior circulation and parking arrangements must be
suitable for their intended purpose.
(11)
All signs and illumination are in scale and harmonious with the
site and area.
(12)
Adequate methods must be provided to ensure continued maintenance
and necessary normal replacement of common facilities, uses,
structures, landscaping, screening, ground cover, and similar
items required to ensure compatibility with the surrounding areas
and an attractive, healthful, and pleasant environment within the
development area.
(13)
The location, design, and size of the uses shall not violate the
solar setback requirements.
(D)
Conditions. Reasonable conditions may be
established by the Planning Commission and City Council in
connection with a site review permit as deemed necessary to secure
the purpose and requirements of this section. Guarantees and
evidence may be required that such conditions will be or are being
complied with.
(E)
Application for site review permit.
(1)
Application for a site review permit shall be on a form prescribed
by the City Council and submitted to that office by any person(s)
with a legal interest in the property. The application shall
include the following:
(a)
The name and address of the applicant.
(b)
A statement of the applicant's legal interest in the property
(owner, contract purchaser, lessee, renter, and the like) and a
description of that interest, and, in case the applicant is not
the owner, verification and a legal description of the property.
(c)
The address and legal description of the property.
(d)
A statement explaining the intended request.
(e) The fee
required to defray the cost of processing the application.
(f)
Any other materials or information as may be deemed necessary by
the applicant to assist in evaluation of the request.
(g)
Six copies of drawings clearly showing the following, when
appropriate:
1.
The parcel location, boundaries, dimensions, and total area.
2.
The approximate location, arrangement, and dimensions of buildings
and structures, and their use.
3.
The approximate location, heights, materials and finishes of
existing and proposed enclosures, walls, and fences.
4.
The approximate location, dimensions, uses, and screening
provisions for storage, refuse, and service areas.
5.
The approximate location, arrangement, and dimensions of streets,
driveways, access points, trails, bikeways, off-street parking,
and loading areas.
6.
Proposed drainage, water, and sanitary systems and facilities.
7.
The approximate location, character, and type of signs and
lighting facilities.
8.
A general landscaping plan depicting existing and proposed tree
plantings, ground cover, screen planting, and the like.
9.
Architectural sketches or drawings, if required, to clearly
establish the scale, character, and relationship of buildings,
streets, ways, parking spaces, garages, and open spaces.
10.
Other data, such as information on soils, geology, and hydrology,
purpose and provisions of the site review.
(2)
Application may be made concurrent with a zone change, when
applicable, or at a later date prior to the approval of a building
permit for construction on the development site.
(F)
Application, hearing, notice, and appeal. Procedures
for application, hearing, notice, and appeal shall be as provided
in this section for site review permits.
(G)
Modifications of approved site review permits.
Minor changes requested by the applicant in an approved site
review permit may be approved by the Planning Commission if such
changes are consistent with the purposes and general character of
the original application. All other modifications shall be
processed in the same manner as the original application, and
shall be subject to the same procedural requirements. All
requests for changes or modifications, and their approval, shall
be in writing.
(H)
Compliance with conditions of approval.
Compliance with conditions imposed in the site review permit, and
adherence to the plans submitted upon which approval of the site
review permit was granted or modified, as the case may be, are
required, and any departure from such conditions of approval and
plans constitutes a violation of this part.
(I)
Revocation. Site review permits shall
automatically be revoked if any development for which a site
review permit has been granted is not established within one year
from the date of final approval.
155.4.3
— Land Divisions and property line adjustments
Sections:
155.4.3.100
Purpose
155.4.3.110
General Requirements
155.4.3.120
Approvals Process
155.4.3.130
Preliminary Plat Submission Requirements
155.4.3.140
Approval Criteria: Preliminary Plat
155.4.3.150
Variances Authorized
155.4.3.160
Final Plat Submission Requirements and Approval Criteria
155.4.3.170
Public Improvements
155.4.3.180
Performance Guarantee
155.4.3.190
Filing and Recording
155.4.3.200
Replatting and Vacation of Plats
155.4.3.210
Transfer of Property
155.4.3.100
Purpose.
The
purpose of this section is to:
A.
Provide rules, regulations and standards governing the approval of
subdivisions and partitions.
1.
Subdivisions involve the creation of four or more lots from one
parent lot, parcel or tract, within one calendar year.
2.
Partitions involve the creation of three or fewer lots within one
calendar year.
B.
Carry out the City’s development pattern, as envisioned by the
Comprehensive Plan.
C.
Encourage efficient use of land resources, full utilization of
urban services, and transportation options;
D.
Promote the public health, safety and general welfare through
orderly and efficient urbanization;
E.
Lessen or avoid traffic congestion, and secure safety from fire,
flood, pollution and other dangers;
F.
Provide adequate light and air, prevent overcrowding of land, and
facilitate adequate provision for transportation, water supply,
sewage and drainage; and
G.
Encourage the conservation of energy resources.
155.4.3.110
General Requirements
A.
Subdivision and Partition Approval Through Two-step Process.
Applications for subdivision or partition approval shall be
processed through a two-step process: the preliminary plat
and the final plat.
1.
The preliminary plat shall be approved before the final plat can
be submitted for approval consideration; and
2.
The final plat shall comply with all conditions of approval of the
preliminary plat.
B.
Compliance With ORS Chapter 92. All subdivision and
partition proposals shall be in conformance to State regulations
set forth in Oregon Revised Statute (ORS) Chapter 92, Subdivisions
and Partitions.
C.
Future Re-division Plan. When subdividing or
partitioning tracts into large lots (i.e., greater than two times
the minimum lot size allowed by the underlying land use district),
the City shall require that the lots be of such size, shape, and
orientation as to facilitate future re-division in accordance with
the requirements of the land use district and this Code. A
re-division plan shall be submitted which identifies:
1.
Potential future lot division(s) in conformance with the housing
and density standards of Section 155.2;
2.
Potential street right-of-way alignments to serve future
development of the property and connect to adjacent properties,
including existing or planned rights-of-way; and
3.
A disclaimer that the plan is a conceptual plan intended to show
potential future development. It shall not be binding on the
City or property owners, except as may be required through
conditions of land division approval. For example,
dedication and improvement of rights-of-way within the future plan
area may be required to provide needed secondary access and
circulation.
D.
Temporary Sales Office. A temporary sales office in
conjunction with a subdivision may be approved as set forth in
Section 155.4.9.1 - Temporary Use Permits.
E.
Minimize flood damage. All subdivisions and
partitions shall be designed based on the need to minimize the
risk of flood damage. No new building lots shall be created
entirely within a floodway. All new lots shall be buildable
without requiring development within the floodway.
Development in a 100-year flood plain shall comply with Federal
Emergency Management Agency requirements, including filling to
elevate structures above the base flood elevation. The
applicant shall be responsible for obtaining such approvals from
the appropriate agency before City approval of the final plat.
F.
Determination of Base Flood Elevation. Where a
development site consists of two or more lots, or is located in or
near areas prone to inundation, and the base flood elevation has
not been provided or is not available from another authoritative
source, it shall be prepared by a qualified professional, as
determined by the City.
G.
Need for Adequate Utilities. All lots created through
land division shall have adequate public utilities and facilities
such as electrical and telephone systems located and constructed
to prevent or minimize flood damage to the extent practicable.
H.
Need for Adequate Drainage. All subdivision and
partition proposals shall have adequate surface water drainage
provided to reduce exposure to flood damage. Water quality
or quantity control improvements may be required.
155.4.3.120
Approvals Process
A.
Review of
Preliminary Plat.
Review of a preliminary plat for a subdivision or partition shall
be processed with a Type III Procedure under 155.4.1.6. All
preliminary plats shall be reviewed using approval criteria
contained in Section 155.4.3.140.
B.
Review of Final Plat. Review of a final plat for a
subdivision or partition shall be processed by means of a Type I
Procedure under Section 155.4.1.4, using the approval criteria in
Section 155.4.3.160.
C.
Preliminary Plat Approval Period. Preliminary
plat approval shall be effective for a period of one year from the
date of approval. The preliminary plat shall lapse if a
final plat has not been submitted within a one-year period.
D.
Modifications and Extensions. The applicant may
request changes to the
approved
preliminary plat or conditions of approval following the
procedures and criteria provided in Section 155.4.6 -
Modifications. The Planning Secretary shall, upon written
request by the applicant and payment of the required fee, grant
one extension of the approval period not to exceed one year,
provided that:
1.
Any changes to the preliminary plat follow the procedures in
Section 155.4.6;
2.
The applicant has submitted written intent to file a final plat
within the one-year extension period;
3.
An extension of time will not prevent the lawful development of
abutting properties;
4.
There have been no changes to the applicable Code provisions on
which the approval was based. If such changes have occurred,
a new preliminary plat application shall be required; and
5.
The extension request is made before expiration of the original
approved plan.
E.
Phased Development.
1.
The City may approve a time schedule for developing a subdivision
in phases, but in no case shall the actual construction time
period (i.e., for required public improvements, utilities,
streets) for any partition or subdivision phase be greater than
two years without reapplying for a preliminary plat;
2.
The criteria for approving a phased land division proposal are:
a.
Public facilities shall be constructed in conjunction with or
prior to each phase;
b.
The development and occupancy of any phase dependent on the use of
temporary public facilities shall require City Council
approval. Temporary facilities shall be approved only upon
City receipt of bonding or other assurances to cover the cost of
required permanent public improvements, in accordance with Section
155.4.3.180. A temporary public facility is any facility not
constructed to the applicable City or district standard;
c.
The phased development shall not result in requiring the City or a
third party (e.g., owners of lots) to construct public facilities
that were required as part of the approved development proposal;
and
d.
The application for phased development approval shall be reviewed
concurrently with the preliminary plat application and the
decision may be appealed in the same manner as the preliminary
plat.
155.4.3.130
Preliminary Plat Submission Requirements.
A.
General Submission Requirements. For subdivisions, the
application shall contain all of the information required for a
Limited Land Use Procedure under Section 155.4.1.6, except as
required for P.U.D.s:
B.
Preliminary Plat Information. In addition to the
general information described in Subsection A. above, the
preliminary plat application shall consist of drawings and
supplementary written material (i.e., on forms and/or in a written
narrative) adequate to provide the following information:
1.
General information:
a.
Name of subdivision (not required for partitions). This name
must not duplicate the name of another subdivision in the county
in which it is located (please check with County surveyor);
b.
Date, north arrow, and scale of drawing;
c.
Location of the development sufficient to define its location in
the City, boundaries, and a legal description of the site;
d.
Names, addresses and telephone numbers of the owners, designer,
and engineer or surveyor if any, and the date of the survey; and
e.
Identification of the drawing as a “preliminary plat”.
2.
Site analysis:
a.
Streets: Location, name, and present width of all streets, alleys
and rights-of-way on and abutting the site;
b.
Easements: Width, location and purpose of all existing easements
of record on and abutting the site;
c.
Utilities: Location and identity of all utilities on and abutting
the site;
d.
Ground elevations shown by contour lines with
two-foot contour intervals for ground slopes up to 12% and
five-foot contour intervals for ground slopes exceeding 12%.
Such ground elevations shall be related to some established
benchmark or other datum approved by the County Surveyor.
e.
The location and elevation of the closest benchmark(s) within or
adjacent to the site (i.e., for surveying purposes);
f.
Potential natural hazard areas, including any flood plains, areas
subject to high water table, landslide areas, and areas having
high erosion potential;
g.
Sensitive lands; including wetland, shoreland and riparian areas,
streams, wildlife habitat, overlay zone boundaries, and other
areas identified by the City or natural resource regulatory
agencies as requiring protection. (See also, relevant
portions of the Comprehensive Plan.);
h.
Site features, including existing structures, pavement and
drainage ways, and ditches;
i.
Name and address of owner;
l.
Name and address of project designer, if applicable;
k.
The percentage of the proposed development that falls within the
sensitive area of the watershed serving Dunes City, as defined in
the Dunes City Drinking Water Source Assessment (Lane Council of
Governments 2002), including but not limited to that area within
1000 feet of the shores of Lakes Woahink, Little Woahink or
Siltcoos, including major inlets and outlets;
l.
A
tree coverage map. For properties containing less than 16 conifers
per acre the map shall include the location of every conifer with
a diameter greater than 8 inches at 4 ˝ feet above average grade.
For properties containing 16 or more conifers 8 inches or greater
in diameter at 4 ˝ above average grade per acre the map shall
include the outline of those areas with stands of conifers or an
aerial photograph with enough detail to show conifer stands, and
m.
Other information, as deemed appropriate by the Planning Secretary.
The City may require studies or exhibits prepared by qualified
professionals to address specific site features and code
requirements.
3.
Proposed improvements:
a.
Public and private streets, tracts, driveways, open space and park
land; location, names, right-of-way dimensions, approximate radius
of street curves; and approximate finished street center line
grades. All streets and tracts, which are being held for
private use and all reservations and restrictions relating to such
private tracts, shall be identified;
b.
Easements: location, width and purpose of all easements;
c.
Lots and private tracts (e.g., private open space, common area, or
street): approximate dimensions, area calculation (e.g., in square
feet), and identification numbers for all lots and tracts;
d.
Proposed uses of the property, including all areas proposed to be
dedicated to the public or reserved as open space for the purpose
of surface water management, recreation, or other use;
e.
Proposed improvements, as required by Section 155.3.0 - Design
Standards Administration, and timing of improvements (e.g., in the
case of streets, sidewalks, street trees, utilities, etc.);
f.
The proposed source of domestic water;
g.
The proposed method of sewage disposal, and method of surface
water drainage and treatment if required;
h.
The approximate location and identity of other utilities,
including the locations of street lighting fixtures;
i.
Changes to navigable streams, shorelines or other
watercourses. Provision or closure of public access to these
areas shall be shown on the preliminary plat, as applicable;
j.
Identification of the base flood elevation for development greater
than three lots or five acres, whichever is less. Evidence
of contact with the Federal Emergency Management Agency to
initiate a flood plain map amendment shall be required when
development is proposed to modify a designated 100-year flood
plain;
l.
Evidence of contact with Oregon Department of Transportation (ODOT)
or Lane County for any development requiring access to a highway
under the State’s or Lane County’s jurisdiction; and
k. Evidence
of contact with the applicable natural resource regulatory
agency(ies) for any development within or adjacent to
jurisdictional wetlands and other sensitive lands, as identified
in Section 155.2.
155.4.3.140
Approval Criteria: Preliminary Plat.
A.
General Approval Criteria. The City may approve,
approve with conditions or deny a preliminary plat based on the
following approval criteria:
1.
The proposed preliminary plat complies with all of the applicable
Development Code sections and other applicable ordinances and
regulations. At a minimum, the provisions of this Section,
and the applicable sections of Section 155.2.0 - Land Use District
Administration and Section 155.3.0 - Design Standards
Administration shall apply. Where a variance is necessary to
receive preliminary plat approval, the application shall also
comply with the relevant sections of Section 155.5 - Exceptions to
Code Standards;
2.
The proposed plat name is not already recorded for another
subdivision, and satisfies the provisions of ORS Chapter 92;
3.
The proposed streets, sidewalks, bicycle lanes, pathways,
utilities, and surface water management facilities are laid out so
as to conform or transition to the plats of subdivisions and maps
of partitions already approved for adjoining property as to width,
general direction and in all other respects. All proposed
public improvements and dedications are identified on the
preliminary plat; and
4.
All proposed private common areas and improvements (e.g., home
owner association property) are identified on the preliminary
plat.
5.
An engineer licensed in Oregon shall document the safety of all
development proposed on slopes in excess of 16 percent.
6.
The development of the proposed partition or subdivision will
maximize the preservation of existing conifers with a diameter of
8 inches or greater at 4 ˝ feet above average grade, considering
topography, soil conditions, solar orientation and other factors
affecting the siting of dwellings on the parcels or lots to be
created.
B.
Housing Density. The subdivision meets the City’s
housing standards of Section 155.2.
C.
Block and Lot Standards. All proposed blocks (i.e.,
one or more lots bound by public streets), lots and parcels
conform to the specific requirements of Sections 155.2, 155.3.1
and 155.3.2.
D.
Partition Approval Criteria
A
partition application shall only apply to creating smaller lots or
parcels from larger lots or parcels. Any other land use
change on the partition land at the time of the partition
application shall disqualify the application and require a
sub-division application.
If
the partition may be further divided, the City may require full
compliance with the subdivision approval criteria.
The
criteria for approval of a partition shall address all specific
requirements for shape and size as specified in Section 155.2, and
street access, sanitary sewer and water service improvements,
storm drainage, and utility access requirements in Section
155.3. If the partition requires a new street or an
extension of an existing street, Subsection 155.3.1.2 - Vehicular
Access and Circulation and Subsection 155.3.4.1 - Transportation
Standards shall apply.
155.4.3.150
Variances Authorized.
Adjustments
to the standards of this Section shall be processed in accordance
with Section 155.5.1 - Variances. Applications for variances
shall be submitted at the same time an application for land
division is submitted.
155.4.3.160
Final Plat Submission Requirements and Approval Criteria.
A.
Submission Requirements. Final plats shall be
reviewed and approved by the City prior to recording with Lane
County. The applicant shall submit the final plat within one
(1) year of the approval of the preliminary plat as provided by
Section 155.4.3.120. Specific information about the format
and size of the plat, number of copies and other detailed
information can be obtained from the Planning Secretary.
B.
Approval Criteria. By means of a Type II Procedure,
the City shall review the final plat and shall approve or
deny the final plat based on findings regarding compliance with
the following criteria:
1.
The final plat complies with the approved preliminary plat, and
all conditions of approval have been satisfied;
2.
All public improvements required by the preliminary plat have been
installed and approved by the City. Alternatively, the
developer has provided a performance guarantee in accordance with
Section 155.4.3.180.
3.
The streets for public use are dedicated without reservation or
restriction other than reversionary rights upon vacation of any
such street and easements for public utilities;
4.
The streets held for private use have been approved by the City as
conforming to the preliminary plat;
5.
The plat contains a dedication to the public of all public
improvements, including but not limited to streets, public
pathways and trails, access reserve strips, and storm drainage;
6.
The applicant has provided copies of all recorded homeowners
association Codes, Covenants and Restrictions (CC&Rs); deed
restrictions; private easements and agreements (e.g., for access,
common areas, parking, etc.); and other recorded documents
pertaining to common improvements recorded and referenced on the
plat;
7.
The plat complies with the applicable Sections of this code (i.e.,
there have been no changes in land use or development resulting in
a code violation since preliminary plat approval);
8.
Certification by the State of Oregon and Lane County, as
applicable, that water and sanitary sewer service is available to
each and every lot depicted on the plat; or bond, contract or
other assurance has been provided by the subdivider to the City
that such services will be installed in accordance with Section
155.3.4 - Public Facilities Standards, and the bond requirements
of Section 155.4.3.180. A registered professional engineer,
subject to review and approval by the City; shall determine the
amount of the bond, contract or other assurance by the subdivider;
9.
The plat contains an affidavit by the surveyor who surveyed the
land, represented on the plat to the effect the land was correctly
surveyed and marked with proper monuments as provided by ORS
Chapter 92, and indicating the initial point of the survey, and
giving the dimensions and kind of such monument, and its reference
to some corner established by the U.S. Geological Survey or giving
two or more permanent objects for identifying its location.
155.4.3.170
Public Improvements.
The
following procedures apply to subdivisions and partitions when
public improvements are required as a condition of approval:
A.
Public Improvements Required. Before City approval is
certified on the final plat, all required public improvements
should be installed, inspected, and approved. Alternatively,
the subdivider shall provide a performance guarantee, in
accordance with Section 155.4.3.180.
155.4.3.180
Performance Guarantee.
A.
Performance Guarantee Required. When a performance
guarantee is required under Section 155.4.3.170, the subdivider
shall file an assurance of performance with the City supported by
one of the following:
1.
An irrevocable letter of credit executed by a financial
institution authorized to transact business in the State of
Oregon;
2.
A surety bond executed by a surety company authorized to transact
business in the State of Oregon which remains in force until the
surety company is notified by the City in writing that it may be
terminated; or
3. Cash in an
escrow account or payment to the City.
B.
Determination of Sum. The assurance of performance
shall be for a sum determined by the City as required to cover the
cost of the improvements and repairs, including related
engineering and incidental expenses.
C.
Itemized Improvement Estimate. The developer shall
furnish to the City an itemized improvement estimate, certified by
a registered civil engineer, to assist the City in calculating the
amount of the performance assurance.
D.
Agreement. An agreement between the City and
developer shall be recorded with the final plat that stipulates
all of the following:
1.
Specifies the period within which all required improvements and
repairs should be completed;
2.
A provision that if work is not completed within the period
specified, the City may complete the work and recover the full
cost and expenses from the applicant;
3.
Stipulates the improvement fees and deposits that are required.
4.
As an option provides for the construction of the improvements in
stages and for the extension of time under specific conditions
therein stated in the contract.
The
agreement may be prepared by the City, or in a letter prepared by
the applicant. It shall not be valid until it is signed and
dated by the applicant, approved by the City Council, and signed
by the Mayor.
E.
When Subdivider Fails to Perform. In the event the
developer fails to carry out all provisions of the agreement and
the City has un‑reimbursed costs or expenses resulting from
such failure, the City shall call on the bond, cash deposit or
letter of credit for reimbursement.
F.
Termination of Performance Guarantee. The developer
shall not cause termination of nor allow expiration of the
guarantee without having first secured written authorization from
the City.
155.4.3.190
Filing and Recording.
A.
Filing plat with County. Within 60 days of the
signature of the Mayor on the final plat, the applicant shall
submit the final plat to Lane County for signatures of County
officials as required by ORS Chapter 92.
B.
Proof of recording. Upon final recording with the
County, the applicant shall submit to the City a paper copy of the
recorded final plat. This shall occur prior to the issuance
of building permits for the newly created lots.
C.
Prerequisites to recording the plat.
1.
No plat shall be recorded unless all ad valorem taxes and all
special assessments, fees, or other charges required by law to be
placed on the tax roll have been paid in the manner provided by
ORS Chapter 92;
2.
No plat shall be recorded until the County surveyor, in the manner
provided by ORS Chapter 92, approves it.
155.4.3.200
Replatting and Vacation of Plats
A.
Replatting and Vacations. Any plat or portion thereof
may be replatted or vacated upon receiving an application signed
by all of the owners as appearing on the deed.
B.
Procedure. All applications for a replat or vacation
shall be processed in accordance with the procedures and standards
for a subdivision or partition (i.e., the same process used to
create the plat shall be used to replat or vacate the plat).
The same appeal rights provided through the subdivision and
partition process shall be afforded to the plat vacation process.
(See Section 155.4.1 - Types of Applications and Review
Procedures.)
C.
Basis for denial. A replat or vacation application
may be denied if it abridges or destroys any public right in any
of its public uses, improvements, or streets; or if it cannot be
made to meet applicable criteria.
D.
Recording of vacations. All approved plat vacations
shall be recorded in accordance with 155.4.3.190 and the following
procedures:
1.
Once recorded, a replat or vacation shall operate to eliminate the
force and effect of the plat prior to vacation; and
2.
Vacations shall also divest all public rights in the streets and
public grounds, and all dedications identified on the plat.
E.
After sale of lots. When lots have been sold, the plat may
be vacated only in the manner herein, and provided that all of the
owners of lots within the platted area consent in writing to the
plat vacation.
F.
Vacation of streets. All street vacations shall
comply with the procedures and standards set forth in ORS Section
271.
155.4.3.210
Transfer of Property
A.
The transfer of property between adjacent parcels is permissible
without approval by the City so long as the transfer
does not result in the creation of a lot, which is less than one
acre in size,
or unless
the "donating" lot is less than one acre in size prior
to the transfer of property to the
adjoining parcel. In the event the
transfer would create a lot less than one acre in size, or the
donating lot is less
than one acre in size, such transfer shall require approval of the
City. Approval shall
be
conditional and subject to a conditional use permit being granted
pursuant to the general
provisions
of this part providing for the granting of a conditional use
permit.
B.
Lots, which are conforming prior to donations of a portion of the
lot to an adjoining lot, shall remain conforming, so long as the
transfers are made to conform to A. above.
Section
155.4.4 — Conditional Use Permits
Sections:
155.4.4.1
Purpose
155.4.4.2
Approval Process
155.4.4.3
Application Submission Requirements
155.4.4.4
Criteria, Standards and Conditions of Approval
155.4.4.5
Additional Development Standards for Conditional Use Types
155.4.4.1
Purpose.
There
are certain uses that, due to the nature of their impact on
surrounding land uses and public facilities, require a
case-by-case review and analysis. These are identified as
“Conditional Uses” in Section 155.2 - Land Use District
Administration. The purpose of Section 155.4.4 is to provide
standards and procedures under which a conditional use may be
permitted, enlarged or altered if the site is appropriate and if
other appropriate conditions of approval can be met.
155.4.4.2
Approvals Process.
A.
Initial Application. An application for a new
conditional use shall be processed as a Type III Procedure
(Section 155.4.1.6). The application shall meet submission
requirements in Section 155.4.4.3, and the approval criteria
contained in Section 155.4.4.4.
B.
Modification of Approved or Existing Conditional Use.
Modifications to approved or existing conditional uses shall be
processed in accordance with Section 155.4.6 - Modifications.
155.4.4.3
Application Submission Requirements.
In
addition to the submission requirements required in Section
155.4.1, an application for conditional use approval must include
the following information (A through H), as applicable.
A.
Existing site conditions;
B.
Site plan;
C.
Preliminary grading plan;
D.
A landscape plan including a tree
coverage map. For properties containing less than 16 conifers per
acre the map shall include the location of every conifer with a
diameter greater than 8 inches at 4 ˝ feet above average grade.
For properties containing 16 or more conifers 8 inches or greater
in diameter at 4 ˝ above average grade per acre the map shall
include the outline of those areas with stands of conifers or
an aerial photograph with enough detail to show conifer stands;
E.
Architectural drawings of all structures;
F.
Drawings of all proposed signs;
G.
A copy of all existing and proposed restrictions or covenants;
and.
H.
Narrative report or letter documenting compliance with all
applicable approval criteria in Section 155.4.4.4.
155.4.4.4
Criteria, Standards and Conditions of Approval
The
City shall approve, approve with conditions, or deny an
application for a conditional use or to enlarge or alter a
conditional use based on findings of fact with respect to each of
the following standards and criteria:
A.
Use Criteria.
1.
The site size, dimensions, location, topography and access are
adequate for the needs of the proposed use, considering the
proposed building mass, parking, traffic, noise, vibration,
exhaust/emissions, light, glare, erosion, slopes, odor, dust,
visibility, safety, and aesthetic considerations;
2.
The negative impacts of the proposed use on adjacent properties
and on the public can be mitigated through application of other
Code standards, or other reasonable conditions of approval; and
3. All required
public facilities have adequate capacity to serve the proposal.
4.
The proposal is consistent with applicable policies of the Comprehensive Plan for Dunes City.
5. The
location, size, design, and operating characteristics of the
proposed use:
1.
Will be compatible with and will not adversely affect the
livability or appropriate development of abutting properties and
the surrounding vicinity, and
2.
Will not be adversely affected by the development of abutting
properties and the surrounding vicinity. (Consideration may
be given to harmony in bulk coverage and density, to the
availability of public facilities and utilities; to the harmful
effect, if any, upon desirable neighborhood character, to the
generation of traffic and the capacity of surrounding streets and
roads; and to any other relevant impact of the use.
6.
Will
not be adversely affected by known natural hazards, such as
floods, slides, erosion.
7.
Will not create a hazardous natural condition such as erosion,
landslide, flooding.
B.
Conditions of Approval. The City may impose
conditions that are found necessary to ensure that the use is
compatible with other uses in the vicinity, and that the negative
impact of the proposed use on the surrounding uses and public
facilities is minimized. These conditions include, but are
not limited to, the following:
1. Limiting the
hours, days, place and/or manner of operation;
2.
Requiring site or architectural design features which minimize
environmental impacts such as noise, vibration, exhaust/emissions,
light, glare, erosion, odor and/or dust;
3.
Requiring larger setback areas, lot area, and/or lot depth or
width;
4.
Limiting the building height, size or lot coverage, and/or
location on the site;
5.
Designating the size, number, location and/or design of vehicle
access points or parking areas;
6.
Requiring street rights-of-way to be dedicated and street(s),
sidewalks, curbs, planting strips, pathways, or trails to be
improved;
7.
Requiring landscaping, screening, drainage, water quality
facilities, and/or improvement of parking and loading areas;
8. Limiting the
number, size, location, height and/or lighting of signs;
9.
Limiting or setting standards for the location, design, and/or
intensity of outdoors lighting;
10.
Requiring berms, screening or landscaping and the establishment of
standards for their installation and maintenance;
11. Requiring and
designating the size, height, location and/or materials for
fences;
12.
Requiring the protection and preservation of existing trees,
soils, vegetation, watercourses, habitat areas, drainage areas,
historic resources, cultural resources, and/or sensitive lands;
and
13.
Requiring the dedication of sufficient land to the public, and/or
construction of pedestrian/bicycle pathways in accordance with the
adopted plans. Dedication of land and construction shall
conform to the provisions of Section 155.3.4.2 – Public Use
Areas..
C.
Revocation. A conditional use permit is automatically
revoked without special action if:
1.
The permit has not been exercised within two years of the
date of approval.
2.
The use approved by the conditional use permit is discontinued for
any reason for one continuous year or more.
3.
The City Council may revoke any conditional use permit for failure
to comply with any prescribed condition of the conditional use
approval.
a.
A hearing for revocation of a conditional use permit shall be held
when the City Council is of the opinion any or all of the bases
for revocation as stated in this section exist.
b.
The public hearing, notification, and appeal procedures for
revocation hearings by the City Council shall be the same as those
for original conditional use application hearings and appeals
provided in this section.
155.4.4.5
Additional Development Standards for Conditional Use Types
A.
Concurrent Variance Application(s). A conditional use
permit shall not grant variances to regulations otherwise
prescribed by the Development Code. Variance application(s)
may be filed in conjunction with the conditional use application
and both applications may be reviewed at the same hearing.
B.
Additional Development Standards. Development
standards for specific uses are contained in Section 155.2 - Land
Use District Administration.
155.4.5
Planned Unit Development Procedures
Sections:
155.4.5.101
Purpose
155.4.5.102
Description
155.4.5.103
Objectives
155.4.5.104
Permitted Uses
155.4.5.105
Size
155.4.5.106
Land Coverage
155.4.5.107
Residential Density
155.4.5.108
Lot Area and Dimension Standards
155.4.5.109
Perimeter Standards and Visual Screening
155.4.5.110
Open Space Standards
155.4.5.111
Maintenance of Common Land and Facilities, Owners or
Tenants Associations
155.4.5.112
Dedications, Easements, and Similar Requirements
155.4.5.113
Construction Standards
155.4.5.114
Approvals Process
155.4.5.115
Procedure for Preliminary Plan Approval
155.4.5.116
Procedure for Final Plan and Plat Approval
155.4.5.117
Approval Criteria
155.4.5.118
Procedure to Change Approved Final Plan
155.4.5.119
Revocation of Planned Unit Development (P.U.D.)
155.4.5.120
Applicant’s Design Team
The
provisions of this subsection shall be known as “Planned Unit
Development Procedures.”
155.4.5.101
Purpose
The
purpose of this section is to set forth the objectives,
principles, standards, and procedures to be used in developing a
Planned Unit Development (P.U.D.). This section is designed
to permit the flexibility needed to encourage the appropriate
development of tracts of land that are large enough to allow the
use of individualized comprehensive planning. It is intended
to provide flexibility in the application of certain regulations
in a manner consistent with the general intent and provisions of
the Comprehensive Plan
and zoning ordinance, thereby promoting a harmonious variety of
uses, the economy of shared services and facilities, compatibility
of surrounding areas, and the creation of attractive, healthful,
efficient, and stable environments for living, shopping,
recreation, or working.
155.4.5.102
Description
A
P.U.D. is an optional approach to community development that
allows modification of the more or less rigid setback, lot size
specification, and land use provisions of the building code, and
this Chapter 155. A P.U.D. establishes broad standards and
goals to be followed, thus enabling and encouraging flexibility of
design and development in order to cluster housing and protect
areas with open space and natural values. Based on the concept of
cluster housing, it allows single-family and attached multi-family
dwellings of varying sizes and other uses to be built in the same
development, thus inviting considerable variety in both tract and
building design and uses, the possible retention of natural
settings or community recreational areas, and reduced street and
utility installation cost. Although the density of the total
area remains consistent with that of normal development, emphasis
is placed on the relationship between buildings, uses, and open
space, and the most efficient use of both natural and development
resources, rather than planning on a lot-by-lot or
building-by-building basis.
155.4.5.103
Objectives
The
general objectives of the P.U.D. are:
A.
To encourage innovations and variety in the development or reuse
of property.
B.
To maximize choice in the type of environment available in the
City.
C.
To encourage a more efficient use of land and of public services
and facilities.
D.
To take advantage of and promote functional land use design.
E.
To provide for the enhancement and preservation of property with
unique features (such as, historical, topographical, and natural
landscape).
F.
To simplify processing of development proposals for developers and
the Planning Commission by providing for concurrent review of land
use, subdivision, public improvements, and siting.
G.
To enable special problem areas or sites in the City to be
developed or improved, in particular where these areas or sites
are characterized by special features of geography, topography,
size, or shape.
H.
To provide an environment of stable character in harmony with
surrounding development or use, or proposed development or use.
I.
To permit flexibility of design that will create desirable public
and private common open spaces and a variety in type, design, and
layout of buildings, and utilize to the best possible extent the
potentials of each individual site.
J.
To assist in reducing the public service cost of development.
K.
To provide for enhancement and preservation of desirable
vegetation and trees within the P.U.D.
155.4.5.104
Permitted Uses
The following buildings and uses may be permitted either
singly or in combination in a P.U.D. Except
as specifically provided or referred to in this Section, the
building and uses permitted in a P.U.D. shall be governed by the
basic uses of the parent district.
A.
Single-family dwellings.
B.
Multiple family dwellings.
C.
Manufactured homes, modular homes.
D.
All other uses permitted in the parent district.
E.
Conditional uses permitted in the parent district.
F.
Open space.
G.
Public and private nonprofit parks and playgrounds, community
centers, and recreational facilities.
H.
Hiking and riding trails.
I.
Neighborhood shopping centers and convenience shops where they are
deemed appropriate to a larger neighborhood of which the P.U.D. is
an integral part and are designed to primarily serve the residents
of the P.U.D. with goods and services.
J.
Accessory structures and uses to the extent necessary and normal
to the uses permitted in this section.
155.4.5.105
Size and Facility Standards
A P.U.D. shall be of sufficient size to allow the
objectives and standards of this section to be met and shall, as a
minimum, comply with the following:
A.
The minimum size for a tract of land to be developed as a P.U.D.
shall be not less than five contiguous acres and of such
configuration as to be conducive to a P.U.D.
B.
Notwithstanding the provisions of Section A. above, a P.U.D.
application may be filed on a tract of land less than five
contiguous acres, but no approval shall be given to such
application unless the Planning Commission determines, upon a
showing by the applicant, that the minimum size required in A.
above should be waived because a P.U.D. is in the public interest
and that one or more of the following conditions exist:
1. Because of unusual physical features of the
property or of the neighborhood in which it is located, a
substantial deviation from the regulations otherwise applicable is
necessary or appropriate in order to conserve a physical or
topographical feature of importance to the City.
2. The property or its neighborhood has
historical character of economic importance to the City that will
be protected by use of a P.U.D.
3. The property is adjacent to property which
has been officially approved, developed, or redeveloped as a P.U.D.,
and that a P.U.D. on the subject property can be effectively
integrated with the existing P.U.D.
4. The property is determined to be an isolated
problem area that has been bypassed in the course of development
and for which a P.U.D. is determined to be the most feasible
method of developing the area.
C.
A community sewage system and a community water system may be
required for PUDs with five or more lots.
155.4.5.106
Land Coverage
A.
In residential developments, at least 40% of the gross area shall
be devoted to common open space. Streets, rights-of-way and
setbacks on individually owned lots shall not be considered open
space.
155.4.5.107
Residential Density
A.
The residential density shall be equivalent to not more than one
family unit per acre.
B.
The overall density of a P.U.D. shall be calculated by dividing
the total net development area by the number of family units. The
net development area shall be determined by subtracting from the
gross development area lands intended or used for public or
semi-public uses not intended to primarily serve the residents of
the P.U.D.
155.4.5.108
Lot Area and Dimension Standards
The minimum lot area, width, depth, height, and setback
requirements of this chapter applicable to the zoning district in
which the P.U.D. lies shall not dictate the strict guidelines for
development within the P.U.D., but shall serve as a guideline to
ensure that the development will be in harmony with the character
of the surrounding area. Individual buildings, accessory
buildings, off-street common parking, loading facilities, open
space, landscaping, and screening may be located without reference
to lot lines, except the boundary lines of the P.U.D.
155.4.5.109
Perimeter Standards and Visual Screening
When the Planning Commission determines that topographical
or other existing barriers, or the design of the P.U.D., do not
provide adequate screening or privacy necessary for properties
adjacent to the P.U.D., the Planning Commission shall require
that:
A.
Structures located near the perimeter of a P.U.D. are designed and
located so as to protect the privacy and amenity of adjacent
existing uses.
B.
A permanent visual screening be established, either by appropriate
structures or vegetation or both, along those portions of the site
boundaries requiring such screening to assure compatibility with
adjacent existing or prospective land uses.
155.4.5.110
Open Space Standards
The location, shape, size, and character of the open space
shall be provided in a manner to meet the specific needs of the
P.U.D. and consistent with the standards set forth below, and
shall be used only for those uses so specified:
A.
Open space may be used for scenic, landscaping, or outdoor
recreational purposes. The uses designated for the open
space shall be appropriate to the scale and character of the P.U.D.,
considering its size, density, expected population, topography,
and the number and type of dwellings to be provided.
B.
Open space shall be developed and improved to the extent that it
will serve the purpose for which it is designated. Outdoor
areas containing natural features and natural vegetation may be
left unimproved. Evergreen trees will be preserved whenever
possible.
C.
Any building, structure, and improvements within the open space
shall be appropriate to the uses which are authorized for the open
space and shall conserve and enhance the amenities of the open
space having regard to its topography and unimproved condition.
D.
The development schedule, which is part of the development plan,
must coordinate the improvement of the open space and the
construction of residential dwellings and other buildings in the
P.U.D.
E.
All structures, grading, landscaping, and improvements indicated
on the plan, as being in the open space or common ground shall be
completed before any portion of the P.U.D. is sold.
155.4.5.111
Maintenance of Common Land and Facilities, Owners or Tenants
Associations
Whenever any lands or facilities, including streets or
ways, are shown on the final development plan as being held in
common, the Planning Commission shall require that an association
of owners or tenants be created into a nonprofit corporation under
the laws of the state and that such corporation shall adopt
articles of incorporation and bylaws and adopt and impose a
declaration of covenants and restrictions on such common areas and
facilities to the satisfaction of the Planning Commission.
The association shall be formed and continued for the purpose of
maintaining such common open space and facilities. It shall
be created in such a manner that owners of property shall
automatically be members and shall be subject to assessment levies
to maintain the areas and facilities for the purposes
intended. The period of existence of such association shall
be not less than 20 years, and it shall continue thereafter until
a majority vote of the members shall terminate it.
155.4.5.112 Dedications, Easements, and Similar
Requirements
The Planning Commission may, as a condition of approval
for any development, require that portions of the P.U.D. be set
aside, improved, conveyed, or dedicated for the following uses:
A.
Easements necessary to the orderly extension of public utilities.
B. Streets and pedestrian ways necessary to the
proper development of the P.U.D. and/or adjacent properties.
C. Recreational areas or open spaces suitable
for the owner, residents, employees, or patrons of the P.U.D. and
the general public.
155.4.5.113
Construction Standards
Except
as expressly provided herein, the provisions of the building code,
this chapter, and all other City ordinances and codes shall apply
to and control all design and construction of improvements within
a P.U.D.
155.4.5.114
Approvals Process
A.
Review of Preliminary Development Plan and Plat. Review of a
preliminary development plan and plat for a P.U.D. shall be
processed with a Type III Procedure under 155.4.1.9. All
preliminary plans and plats shall be reviewed using approval
criteria contained in Section 155.4.5.107.
B.
Review of Final Plan and Plat Review of a final development plan
and plat for a P.U.D. shall be processed with a Type II Procedure
under 155.4.1.5. All final plans and plats shall be reviewed
using approval criteria contained in Section 155.4.5.107.
C.
Preliminary Plat Approval Period. Preliminary plat
approval shall be effective for a period of one year from the date
of approval. The preliminary plat shall lapse if a final
plat has not been submitted within a one year.
D.
Modifications and Extensions.
The applicant may request changes to the approved preliminary plan
and plat or conditions of approval following the procedures and
criteria provided in Section 155.4.6 - Modifications. The
Planning Secretary shall, upon written request by the applicant
and payment of the required fee, grant one extension of the
approval period not to exceed one year; provided that:
1.
Any changes to the preliminary plat follow the procedures in
Section 155.4.6;
2.
The applicant has submitted written intent to file a final plat
within the one-year extension period;
3.
An extension of time will not prevent the lawful development of
abutting properties;
4.
There have been no changes to the applicable Code provisions on
which the approval was based. If such changes have occurred,
a new preliminary plat application shall be required;
5.
The extension request is made before expiration of the original
approved plan.
6.
The applicant may request minor changes to the approved final plan
and plat:
The City Council may approve minor changes in an approved
Final P.U.D. application requested by the applicant if such
changes are consistent with the purposes and general character of
the application. All other modifications, including extension or
revisions of the stage development schedule, shall be processed in
the same manner as the original application or final approval and
shall be subject to the same procedural requirements. All
requests for changes or modifications and their approval shall be
in writing.
E.
Phased Development.
1.
The City may approve a time schedule for developing a P.U.D. in
phases, but in no case shall the actual construction time period
(i.e., for required public improvements, utilities, streets) for
any partition or subdivision phase be greater than two years
without reapplying for a preliminary plat.
2.
The criteria for approving a phased P.U.D. proposal are:
a.
Public facilities shall be constructed in conjunction with or
prior to each phase;
b.
The development and occupancy of any phase dependent on the use of
temporary public facilities shall require City Council
approval. Temporary facilities shall be approved only upon
City receipt of bonding or other assurances to cover the cost of
required permanent public improvements, in accordance with Section
155.4.3.180 - Performance Guarantee. A temporary public
facility is any facility not constructed to the applicable City or
district standard;
c.
The phased development shall not result in requiring the City or a
third party (e.g., owners of lots) to construct public facilities
that were required as part of the approved development proposal;
and
d.
The application for phased development approval shall be reviewed
concurrently with the preliminary plan and plat application and
the decision may be appealed in the same manner as the preliminary
plan and plat.
F.
Ownership
The tract or tracts of lands included in a proposed P.U.D.
application must be in one ownership or control, or the subject of
a joint application by the owners of all the property
included. The holder of a written option to purchase shall
be deemed the owner of such land for the purposes of this
section.
155.4.5.115
Procedure for Preliminary Plan Approval
Applications
for preliminary approval shall be made by the owner(s) of all
property included in the P.U.D. or his or her authorized agent and
shall be filed on a form prescribed by the City Council and filed
with the City Recorder. The application shall also indicate
all owners of record, contract purchasers, holders of options, and
proposed developers. Preliminary P.U.D. applications shall
be accompanied by the filing fee to defray the cost of processing
the application, and shall include the following:
A. One copy of a
written statement made up of the following information:
1.
An explanation of the character of the P.U.D. and the form of
organization proposed to own and maintain the common areas and
facilities, and the type of ownership of individual units or
spaces.
2.
Drafts of proposed covenants, deed restrictions, and other
documents relating to the dedication, improvement, and maintenance
of common and private areas or facilities.
3. A development
schedule indicating:
a.
The approximate date when construction of the project can be
expected to begin.
b.
The proposed stages in which the project will be built and the
approximate date when construction of each stage can be expected
to begin.
c. The approximate
dates when the development will be completed.
d.
The area, uses, and location of common open space that will be
provided at each stage.
e.
A tabulation of land area to be devoted to various uses and a
calculation of the average residential density per net acre.
f.
The identify of the Applicant’s
Design Team. See Section 155.4.5.201.
g.
The percentage of the
proposed development that falls within the sensitive area of the
watershed serving Dunes City, as defined in the Dunes City
Drinking Water Source Assessment (Lane Council of Governments
2002), including but not limited to that area within 1000 feet of
the shores of Lakes Woahink, Little Woahink or Siltcoos, including
major inlets and outlets.
B.
Eight copies of a preliminary development plan(s) and plat of the
entire development, which shall include, at a minimum, the
following:
1.
Topography of the proposed development with two-foot contour intervals for ground slopes up to 12% and five-foot
contour intervals for ground slopes exceeding 12%.
2.
The approximate location, arrangement, and dimensions of proposed
streets, driveways, sidewalks, pedestrian ways, trails, bikeways,
off-street parking, and loading areas.
3.
The approximate location and dimensions of building and structures
and their use, open space, and dedicated or reserved properties.
4.
Proposed drainage, water, and sanitary systems and facilities as
required.
5.
The location, character, and type of signs and lighting
facilities.
155.4.5.116
Procedure for Final Plan and Plat Approval
A.
Application.
1.
Within one year after the granting of Preliminary P.U.D. Approval,
the applicant shall file with Planning Secretary a “Final P.U.D.
Application” for the entire development or, when submission in
stages has been authorized, for the first stage of
development. The Final P.U.D. Application shall conform in
all major respects with the Preliminary P.U.D. application.
The application shall include the following information:
a.
One copy of the final plat for each tax lot created and a
reproducible transparency of the final plan(s) shall be submitted.
This plan shall be sufficiently detailed to indicate fully the
ultimate operations and appearance of the development and shall
include, at a minimum, the following:
1.
Detailed locations of water, sewage, drainage facilities and
utility easements.
2.
A detailed plan showing the location of all buildings and
structures.
3. Detailed
exterior building plans and elevations.
4.
Detailed plans showing the character and locations of signs and
lighting facilities.
5.
Detailed plans for streets, pedestrian ways, and parking
improvements.
6. Detailed
grading or earth moving plans.
7. Detailed
landscaping plans.
8.
A tree coverage map. For properties containing less than 16
conifers per acre the map shall include the location of every
conifer with a diameter greater than 8 inches at 4 ˝ feet above
average grade. For properties containing 16 or more conifers 8
inches or greater in diameter at 4 ˝ above average grade per acre
the map shall include the outline of those areas with stands of
conifers or an aerial
photograph with enough detail to show conifer stands;
b. A final
subdivision plat;
c.
All documents relating to dedication, improvements, maintenance
agreements, covenants, deed restrictions, and bylaws of
neighborhood associations, cooperatives, and improvements of the
district shall be submitted. The documents so submitted
shall be approved by an attorney and shall be further approved as
to form by the City Attorney.
2.
Within five days after a complete application for final approval
is duly submitted to the Planning Secretary, the Planning
Secretary shall distribute copies thereof to the City Council and
to such other agencies or individuals as deemed appropriate.
B.
Review by City Council: Within 45 days after receipt of
the application for final approval, the Planning Commission shall
consider the Final P.U.D. Application along with any referrals
received concerning the application. If it appears from the
evidence presented that the Final Application substantially
conforms to the Preliminary P.U.D. Application, the conditions,
stipulations, and limitations or changes required by the Order of
Preliminary P.U.D. Approval, and all applicable laws and
ordinances, the Planning Commission shall approve the
application. If the Planning Commission determines that the
application does not comply with such provisions, it shall either:
1.
Require such changes in the Final P.U.D. Application as are in its
judgment necessary to ensure conformity to the Preliminary P.U.D.
Application, the conditions, stipulations, and limitations or
changes required by the Preliminary P.U.D. Approval, and all
applicable laws and ordinances, and in so doing the applicant may
revise the Final Application and resubmit the application to the
City Council within 45 days. The Revised Final P.U.D.
Application shall be heard at the next regular City Council
meeting.
2.
Disapprove the Final P.U.D. Application, and the action of the
City Council shall become final in ten days unless within the
ten-day period.
155.4.5.117
Approval Criteria.
A.
Approval criteria. In addition to the following
development and maintenance standards and principles, the City
Council shall expressly find that the following criteria are met
before it approves a P.U.D.:
1.
The location, size, design, and uses must be consistent with the
Comprehensive Plan.
2.
The location, design, and size must be such that the development
can be well integrated with its surroundings, and, in the case of
a departure in character from surrounding land uses, that the
location and design will adequately reduce the impact of the
development.
3.
The location, design, size, and land use must be such that traffic
generated by the development can be accommodated safely and
without congestion on existing or planned streets and will avoid
as much as possible traversing local streets.
4.
The location, design, size, and land uses must be such that the
residents or establishments to be accommodated will be adequately
served by existing facilities and services or by facilities and
services, which are planned for construction within a time period
that is deemed reasonable.
5.
The location, design, size, and uses shall result in an
attractive, healthful, efficient, and stable environment for
living, shopping, or working.
6.
The plan shall preserve the maximum number of evergreen trees and
desirable natural plants (as defined in the Erosion Control
Ordinance), given the limits of the area to be developed.
B.
Limitation of approval. No excavation, grading,
construction improvements, or building permits shall be authorized
or issued within the adopted P.U.D. pending compliance with the
following:
1.
Full compliance with all provisions of this part, including the
execution and filing of all documents required therein.
2.
Compliance with the requirements of the building code and sections
155.2, 155.3 and 155.4 of this chapter, and all other applicable
laws and regulations.
3.
Full compliance with the approved Final P.U.D. application.
The application shall control
the
issuance of all building permits and shall restrict the nature,
location, and design of all uses.
155.4.5.118
Procedure to Change Approved Final Plan
Changes
to the approved plans shall be in accord with Section 155.4.6 –
Modifications.
155.4.5.119
Revocation Of Planned Unit Development.
In
the event of a failure to comply with the approved P.U.D.
application or any prescribed condition of approval, including
failure to comply with the stage development schedule, City
Council may initiate a review of the P.U.D. at a public hearing to
determine whether or not its continuation in whole or in part is
in the public interest, and if found not to be shall revoke
approval of the P.U.D.
155.4.5.120
Applicant’s Design Team.
A.
The talents of qualified professionals, working as a team, are
required for the planning, development, and construction of a
P.U.D. to ensure that the objectives of this subsection may be
most fully realized and appreciated by the community and that the
project enables the most expeditious processing of P.U.D.s by
facilitating coordination and communication between the developer,
the various professionals, the public agencies, the City Council
and the Planning Commission. The composition of the
applicant’s design team shall include, but not be limited to, a
qualified architect, a landscape architect, and an engineer or
land surveyor, licensed by the State.
B.
One of the required professionals shall be designated by the
applicant to be responsible for conferring with the City Council
and Planning Commission with respect to the concept and details of
the development plan, and shall act as the liaison between City
and the design team. The selection of this coordinator shall
not limit the applicant or any member of the team from consulting
with or presenting material to the Planning Commission and City
Council.
C.
The composition of the design team may be modified by the City or
the applicant in accordance with the following provisions:
1.
The City Council or the Planning Commission may require that, in
addition to the design team, the expertise of other professionals
be utilized in the formation, planning, and development of a P.U.D.
if the City Council or Planning Commission makes a determination
that the site merits special consideration due to its unusual and
adverse physical features or conditions.
2.
The applicant may limit, except as provided in division (1) above,
the composition of the design team to an architect, or a landscape
architect and an engineer or a land surveyor, if the proposed
P.U.D. is intended for single-family dwellings.
155.4.6
— Modifications to Approved Plans and Conditions of Approval
Sections:
155.4.6.1
Purpose
155.4.6.2
Applicability
155.4.6.3
Major Modifications
155.4.6.4
Minor Modifications
155.4.6.1
Purpose.
The
purpose of this Section is to provide an efficient process for
modifying land use decisions and approved development plans, in
recognition of the cost and complexity of land development and the
need to conserve City resources.
155.4.6.2
Applicability.
A
This Section applies to all development applications approved
through the provisions of Section 155.4, including:
1.
Site Review;
2.
Subdivisions, Partitions, and Lot Line Adjustments;
3.
Conditional Use Permits;
4.
Planned Unit Development; and
5.
Conditions of approval on any of the above application types.
B.
This Section does not apply to land use district changes, text
amendments, temporary use permits, or other permits.
155.4.6.3
Major Modifications.
A.
Major Modification Defined. The Planning
Secretary shall determine that a major modification(s) is required
if one or more of the changes listed below are proposed:
1.
A change in land use. See Section 155.2;
2. An increase in
the number of dwelling units;
3.
A change in the type and/or location of access ways, drives or
parking areas that affect off-site traffic;
4.
An increase in the floor area proposed for non-residential use by
more than 10 percent where previously specified;
5.
A reduction of more than 10 percent of the area reserved for
common open space and/or usable open space;
6.
A reduction to specified setback requirements to a degree that the
minimum setback standards of the land use district cannot be met;
or
7.
Changes similar to those listed in 1 through 6, which are likely
to have an adverse impact on adjoining properties.
B.
Major Modification Request. An applicant may request
a major modification as follows:
1.
Upon the Planning Secretary determining that the proposed
modification is a major modification, the applicant shall submit
an application for the major modification.
2.
The modification request shall be subject to the same review
procedure (Type I, II, or III) and approval criteria used for the
initial project approval, however, the review shall be limited in
scope to the modification request. Notice shall be provided in
accordance with the applicable review procedure.
155.4.6.4
Minor Modifications.
A.
Minor Modification Defined. Any modification to a
land use decision or approved development plan, which is not
within the description of a major modification, as provided in
Section 155.4.6.3, above, shall be considered a minor
modification.
B.
Minor Modification Request. An application for
approval of a minor modification is reviewed using Type I
Procedure. A minor modification shall be approved, approved
with conditions, or denied by the Planning Secretary based on
written findings on the following criteria:
1.
The proposed development is in compliance with all applicable
requirements of the Development Code; and
2.
The modification is not a major modification as defined in Section
155.4.6.3, above.
155.4.7
Land Use District Map Amendments.
All
zoning changes shall be noted on the Comprehensive Plan land use
district map, and will be accomplished by a Type IV Procedure with
a resulting ordinance passed by the City Council to make such
change.
155.4.8
Code Interpretations.
Sections:
155.4.8.1
Purpose
155.4.8.2
Code Interpretation Procedure
155.4.8.1
Purpose.
Some
terms or phrases within the Code may have two or more reasonable
meanings. This section provides a process for resolving
differences in the interpretation of the Code text.
155.4.8.2
Code Interpretation Procedure.
A.
Request. A request for a code interpretation shall be
made in writing to the Planning Secretary. The Planning
Secretary may develop written guidelines for the
application process.
B.
Decision to Issue Interpretation. The Planning
Commission shall have the authority to review a request for an
interpretation. The Planning Secretary shall advise the
requester in writing within 45 days after the request is made, on
whether or not the City will issue the requested
interpretation.
C.
Declining Requests for Interpretations. The Planning
Commission is authorized to issue or decline to issue a requested
interpretation. Basis for declining may include, but is not
limited to, a finding that the subject Code section affords only
one reasonable interpretation and the interpretation does not
support the request. The Planning Commission decision to
issue or decline to issue an interpretation is final when the
decision is mailed to the party requesting the interpretation.
D.
Written Interpretation. If the Planning Commission
decides to issue an interpretation, it shall be issued in writing
and shall be mailed or delivered to the person requesting the
interpretation and any other person who specifically requested a
copy of the interpretation. The written interpretation shall
be issued within 14 days after the regular Planning Commission
meeting where interpretation is issued. The decision shall
become effective 14 days later, unless an appeal is filed in
accordance with E through G below.
E.
Appeals. The applicant and any party who received
such notice or who participated in the proceedings through the
submission of written or verbal evidence of an interpretation may
appeal the interpretation to the City Council within 14
days after the interpretation was mailed or delivered to the
applicant. The appeal may be initiated by filing a notice of
appeal with the City.
F.
Appeal Procedure. City Council shall hear all appeals
of a Planning Commission interpretation as a Type II Procedure
pursuant to Section 155.4.1.5, except that written notice of the
hearing shall be provided to the applicant, any other party who
has filed a notice of appeal, and any other person who requested
notice.
G.
Final Decision/Effective Date. The decision of the
City Council on an appeal of an interpretation shall be final and
effective when it is mailed to the applicant. If an appeal
of the City Council’s decision is filed, the decision remains
effective unless or until the Land Use Board of Appeals or a court
of competent jurisdiction modifies it.
H.
Interpretations On File. The Planning Secretary shall
keep on file a record of all code interpretations.
155.4.9
Miscellaneous Permits.
Sections:
155.4.9.1
Temporary Use Permits
155.4.9.2
Home Occupation
155.4.9.3
Concept Assistance
155.4.9.4
Manufactured Home Parks
155.4.9.5
Travel Trailer and Recreational Vehicle Parks
155.4.9.1
Temporary Use Permits.
Temporary
uses are characterized by their short term or seasonal nature and
by the fact that permanent improvements are not made to the
site. Temporary uses include, but are not limited to:
construction trailers, leasing offices, temporary carnivals and
fairs, parking lot sales, retail warehouse sales, and seasonal
sales such as Christmas tree sales and vegetable stands.
Three types of temporary uses require permit approval (See A, B
and C):
A.
Seasonal and Special Events. These types of uses
occur only once in a calendar year and for no longer a period than
30 days. Using the Type II Procedure under Section
155.4.1.5, the City shall approve, approve with conditions or deny
a temporary use permit based on findings that all of the following
criteria are satisfied:
1.
The use is permitted in the underlying land use district and does
not violate any conditions of approval for the property (e.g.,
prior development permit approval);
2. The applicant
has proof of the property owner's permission for the event;
3.
No parking will be utilized by customers and employees of the
temporary use, which is needed by the property owner to meet their
minimum parking requirement under Section 155.3.3 - Vehicle and
Bicycle Parking;
4.
The use provides adequate vision clearance, as required by Section
155.3.1.2.M., and shall not obstruct pedestrian access on public
streets;
5.
Ingress and egress are safe and adequate when combined with the
other uses of the property; as required by Section 155.3.1.2 -
Vehicular Access and Circulation;
6.
The use does not create adverse off-site impacts including vehicle
traffic, noise, odors, vibrations, glare or lights that affect an
adjoining use in a manner which other uses allowed outright in the
district do not affect the adjoining use; and
7.
The use is adequately served by sewer or septic system and water,
if applicable. (The applicant shall be responsible for
obtaining any related permits.)
B.
Temporary Sales Office or Model Home. Using a Type II
Procedure under Section 155.4.1.4, the City may approve, approve
with conditions or deny an application for the use of any real
property within the City as a temporary sales office, offices for
the purpose of facilitating the sale of real property, or model
home in any subdivision or tract of land within the City, but for
no other purpose, based on the following criteria:
1.
Temporary sales office:
a.
The temporary sales office shall be located within the boundaries
of the subdivision or tract of land in which the real property is
to be sold; and
b.
The property to be used for a temporary sales office shall not be
permanently improved for that purpose.
2. Model home:
a.
The model home shall be located within the boundaries of the
subdivision or tract of land where the real property to be sold is
situated; and
b.
The model home shall be designed as a permanent structure that
meets all relevant requirements of this Code.
C.
Temporary Building. Using a Type II Procedure, as
governed by Section 155.4.1.5, the City may approve, approve with
conditions or deny an application for a temporary trailer or
prefabricated building for use on any real commercial or
industrial property within the City as a temporary commercial or
industrial office or space associated with the primary use on the
property, but for no other purpose, based on following criteria:
1.
The temporary trailer or building shall be located within the
boundaries of the parcel of land on which it is located;
2.
The primary use on the property to be used for a temporary trailer
is already developed;
3.
Ingress and egress are safe and adequate when combined with the
other uses of the property; as required by Section 155.3.1.2 -
Vehicular Access and Circulation
4.
There is adequate parking for the customers or users of the
temporary use as required by Section 155.3.3 – Vehicle and
Bicycle Parking.
5. The use will
not result in vehicular congestion on streets;
6. The use will
pose no hazard to pedestrians in the area of the use;
7.
The use does not create adverse off-site impacts including vehicle
traffic, noise, odors, vibrations, glare or lights that affect an
adjoining use in a manner which other uses allowed outright in the
district do not affect the adjoining use; and
8.
The building complies with applicable building codes;
9.
The use can be adequately served by sewer or septic system and
water, if applicable. (The applicant shall be responsible
for obtaining any related permits); and
10.
The length of time that the temporary building will be used does
not exceed twelve months. When a temporary building exceeds
this time frame, the applicant shall be required to remove the
building, or renew the temporary use permit.
155.4.9.2
Home Occupation
The
purpose of this Section is to encourage those who are engaged in
small commercial ventures which could not necessarily be sustained
if it were necessary to lease commercial quarters or which, by the
nature of the venture, are appropriate in scale and impact to be
operated within a residence. Home occupations are encouraged
for their contribution in reducing the number of vehicle trips
often generated by conventional businesses. They are
permitted by right in all residential units (dwellings), subject
to the following standards:
A.
Appearance of Residence:
1.
The home occupation shall be restricted to lawfully built enclosed
structures and be conducted in such a manner as not to give an
outward appearance of a business.
2.
The home occupation shall not result in any structural alterations
or additions to a structure that will change its primary use or
building code occupancy classification.
3.
The home occupation shall not violate any conditions of
development approval (i.e., prior development permit approval).
4.
No products and/or equipment produced or used by the home
occupation may be displayed to be visible from outside any
structure.
B.
Storage:
1.
Outside storage, visible from the public right-of-way or adjacent
properties, is prohibited.
2.
On-site storage of hazardous materials (including toxic,
explosive, noxious, combustible or flammable) beyond those
normally incidental to residential use is prohibited.
3.
Storage of inventory or products and all other equipment,
fixtures, and activities associated with the home occupation shall
be allowed in any structure.
C.
Employees:
1.
Other than family members residing within the dwelling located on
the home occupation site, there shall be no more than one full
time equivalent employee at the home occupation site at any given
time. As used in this section, the term “home occupation site”
means the lot on which the home occupation is conducted.
2.
Additional individuals may be employed by or associated with the
home occupation, so long as they do not report to work or pick
up/deliver at the home.
3.
The home occupation site shall not be used as a headquarters for
the assembly of employees for instruction or other purposes,
including dispatch to other locations.
D.
Advertising and
Signs: Signs shall
comply with Section 155.2.1.260.
E.
Vehicles, Parking and Traffic:
1.
One commercially licensed vehicle associated with the home
occupation is allowed at the home occupation site. It shall
be of a size that would not overhang into the public right-of-way
when parked in the driveway or other location on the home
occupation site.
2.
There shall be no more than three commercial vehicle deliveries to
or from the home occupation site daily. There shall be no
commercial vehicle deliveries during the hours of 7 p.m. to 9 a.m.
3.
There shall be no more than one client or customer's vehicle at
any one time and no more than eight per day at the home occupation
site.
F.
Business Hours. There shall be no restriction on
business hours, except that clients or customers are permitted at
the home occupation from 9 a.m. to 5 p.m. only, subject to
Sections A and E, above.
G.
Prohibited Home Occupation Uses:
1.
Any activity that produces radio or TV interference, noise,
glare, vibration, smoke, dust and/or odor beyond allowable levels
as determined by local, state or federal standards, or that can be
detected beyond the property line is
prohibited.
2.
Any activity involving on-site retail sales is prohibited,
except that the sale of items that are incidental to a permitted
home occupation is allowed. For example, the sale of lesson
books or sheet music from music teachers, art or craft supplies
from arts or crafts instructors, computer software from computer
consultants, and similar incidental items for sale by home
business are allowed subject to A-F, above.
H.
Enforcement: The Planning Secretary or designee may visit
and inspect the site of home occupations in accordance with this
section periodically to insure compliance with all applicable
regulations, during normal business hours, and with reasonable
notice. Code violations shall be processed in accordance
with Section 155.1.4 -
Enforcement.
155.4.9.4
Manufactured Home Parks
Manufactured
Home Parks are permitted uses, and require a Type III
Procedure. For this use, all the requirements, standards and
processes for subdivisions or P.U.D.s of Chapter 155 shall
apply.
155.4.9.5
Travel Trailer and Recreational Vehicle Parks
155.4.9.5.100
Purpose.
155.4.9.5.110
General Requirements and Definitions.
155.4.9.5.120 Approvals Process.
155.4.9.5.130
Preliminary Site Plan
Submission Requirements.
155.4.9.5.140
Approval Criteria: Preliminary Site
Plan.
155.4.9.5.150
Variances Authorized.
155.4.9.5.160
Final Site Plan
Submission Requirements and Approval Criteria.
155.4.9.5.170
Public Improvements.
155.4.9.5.180
Performance Guarantee.
155.4.9.5.100
Purpose.
The
purpose of this subsection is to:
A.
Provide rules, regulations and standards governing the approval of
travel trailer and recreational vehicle parks;
B.
Carry out the City’s development pattern, as envisioned by the
Comprehensive Plan;
C.
Encourage efficient use of land resources, full utilization of
urban services, and transportation options;
D.
Promote the public health, safety and general welfare through
orderly and efficient urbanization;
E.
Lessen or avoid traffic congestion, and secure safety from fire,
flood, pollution and other dangers;
F.
Provide adequate light and air, prevent overcrowding of land, and
facilitate adequate provision for transportation, water supply,
sewage and drainage; and
G.
Encourage the conservation of energy resources.
155.4.9.5.110
General Requirements and Definitions
A.
Definitions:
For
the purposes of this subsection:
Recreational
Vehicle - Any
self-powered vehicle that is licensed for operation over public
highways and designed as a temporary dwelling for travel,
vacation, and recreation.
Travel
Trailer
- Any portable vehicle or structure which is less than 45 body
feet in overall length at its longest point; or is less than ten
body feet in width at its widest point; or has less than 800
square feet of floor space; and is currently licensed for
transportation over public highways and designed as a temporary
dwelling for travel, vacation, and recreation.
Travel
Trailer and Recreational Vehicle Park
- Any parcel of land of five acres or greater, composed of a lot
or contiguous lots under the same ownership, and used, designed,
or intended to accommodate two or more recreational vehicles or
travel trailers per lot.
Site
- Any
portion of a travel trailer or recreational vehicle park
designated or used for the occupancy of one travel trailer or
recreational vehicle.
B.
Travel trailer and recreational vehicle parks involve the
creation of two or more sites on one parent lot, parcel or tract.
C.
Applications for travel trailer and recreational vehicle
parks approval shall be processed through a two-step
process: The Preliminary Site
Plan and the Final Site
Plan.
D.
The Preliminary Site
Plan shall be approved before the Final Site
Plan can be submitted for approval consideration; and
E.
The Final Site Plan shall include all conditions of
approval of the Preliminary Site Plan.
F.
Travel trailer and recreational vehicle parks are a
conditional use in Community Commercial zones.
G.
All travel trailer and recreational vehicle parks shall be
designed based on the need to minimize the risk of flood
damage. No new site shall
be created entirely within a floodway. All new sites shall
be usable without requiring development within the floodway.
Development in a 100-year flood plain shall comply with Federal
Emergency Management Agency requirements, including filling to
elevate structures above the base flood elevation. The
applicant shall be responsible for obtaining such approvals from
the appropriate agency before City approval of the final site
plan.
H.
Where a travel trailer and recreational vehicle park is located in
or near areas prone to inundation, and the base flood elevation
has not been provided or is not available from another
authoritative source, it shall be prepared by a qualified
professional, as determined by the City.
I.
All sites shall have adequate utilities and facilities constructed
to prevent or minimize flood damage to electrical and telephone
systems, etc.
J.
All travel trailer and recreational vehicle park proposals shall
have adequate surface water drainage provided to reduce exposure
to flood damage. Water quality or quantity control
improvements may be required.
K.
If a rezone is proposed, a Type IV Procedure shall be used for
change of district maps and the Comprehensive Plan. This
rezone application shall be processed separate from and concurrent
with the park application.
L.
If the parcel of land used for the park is to be subdivided along
with the establishment of the park, the Type III Procedure for
subdivisions shall be used. The subdivision shall be
processed separate from and concurrent with the park application.
155.4.9.5.120
Approvals Process
A.
Review of Preliminary Site
Plan. Review of a Preliminary Site
Plan for a travel trailer and recreational vehicle park
shall be processed with a Type III Procedure under subsection
155.4.1. All preliminary site
plans shall be reviewed using approval criteria contained
in subsection 155.4.9.5.140 below.
B.
Review of Final Site Plan. Review of a Final Site
Plan for a travel trailer and recreational vehicle parks
shall be processed by means of a Type I Procedure under Subsection
155.4.1.4, using the approval criteria in subsection
155.4.9.5.160.
C.
Preliminary Site Plan Approval Period. The Preliminary Site
Plan Approval shall be effective for a period of one year
from the date of approval. The Preliminary Site
Plan shall lapse if a final site
plan has not been submitted within a one-year period.
D.
Modifications and Extensions. The applicant may
request changes to the approved preliminary site
plan or conditions of approval following the procedures and
criteria provided in Subsection 155.4.6. The Planning
Secretary shall, upon written request by the applicant and payment
of the required fee, grant one extension of the approval period
not to exceed one year; provided that:
1.
Any changes to the Preliminary Site
Plan follow the procedures in Subsection 155.4.6;
2.
The applicant has submitted written intent to file a Final Site
Plan within the one-year extension period;
3.
An extension of time will not prevent the lawful development of
abutting properties;
4.
There have been no changes to the applicable Code provisions on
which the approval was based. If such changes have occurred,
a new Preliminary Site Plan
Application shall be required; and
5.
The extension request is made before expiration of the original
approved plan.
E.
Phased Development.
1.
The City may approve a time schedule for developing a travel
trailer and recreational vehicle park in phases, but in no case
shall the actual construction time period (i.e., for required
public improvements, utilities, streets) for any travel trailer
and recreational vehicle park phase be greater than two years
without reapplying for a Preliminary Site
Plan;
2.
The criteria for approving a phased land division proposal are:
a.
Public facilities shall be constructed in conjunction with or
prior to each phase;
b.
The development and occupancy of any phase dependent on the use of
temporary public facilities shall require City Council
approval. Temporary facilities shall be approved only upon
City receipt of bonding or other assurances to cover the cost of
required permanent public improvements, in accordance with
Subsection 155.4.3.180 - Performance Guarantee. A temporary
public facility is any facility not constructed to the applicable
City or district standard;
c.
The phased development shall not result in requiring the City to
construct public facilities that were required as part of the
approved development proposal; and
d.
The application for phased development approval shall be reviewed
concurrently with the preliminary site
plan application and the decision may be appealed in the
same manner as the preliminary site plan.
155.4.9.5.130
Preliminary Site Plan
Submission Requirements.
A.
Preliminary Site Plan Submission Requirements. In
addition to the general conditional use permit application
requirements of this part, the application for a conditional use
permit to construct a new park or to expand an existing park shall
be accompanied by a plot plan and six copies showing the general
layout of the entire park and drawn to a scale not smaller than
one inch representing 40 feet. The drawing shall show the
following information:
1. The name of the
person who prepared the plan.
2. The name of the
park and address.
3. The scale and a
north point of the plan.
4. A vicinity map
showing the relationship of the park and adjacent properties.
5. Boundaries and
dimensions of the park.
6.
The location and dimensions of each unit site, with designation of
each site by number, letter, or name.
7. The location
and dimensions of each existing or proposed building.
8. The location
and width of park streets.
9. The location
and width of walkways.
10. The location of each
lighting fixture for lighting the park.
11. The location of
recreational areas and buildings and area of recreational park.
12.
The location and type of landscaping plantings, fences, walls, or
combination of any of these, or other screening materials.
13.
The location of the point where the park water system connects
with the public system.
14. The location of
available fire and irrigation hydrants.
15. The location of
public telephone service for the park.
16.
An enlarged plot plan of a typical unit site, showing the location
of the pad, any patio, storage space, parking, sidewalks, utility
connections, and landscaping.
155.4.9.5.140
Approval Criteria: Preliminary Site
Plan.
A.
General Approval Criteria. The City may approve,
approve with conditions, or deny a preliminary site
plan based on the following approval criteria:
1.
The proposed preliminary site
plan complies with all of the applicable Development Code
sections and other applicable ordinances and regulations. At
a minimum, the provisions of this Section and the applicable
Subsections of Section 155.2. - Land Use District Administration
and Section 155.3.0 - Design Standards Administration shall
apply. Where a variance is necessary to receive preliminary site
plan approval, the application shall also comply with the
relevant subsections of Section 155.5. - Exceptions to Code
Standards;
2.
The proposed site plan name is not already recorded for another park in Lane
County west of Mapleton;
3.
The proposed streets, sidewalks, bicycle lanes, pathways,
utilities, and surface water management facilities are laid out so
as to conform or transition to the plats of subdivisions and maps
of partitions already approved for adjoining property as to width,
general direction and in all other respects. All proposed
public improvements and dedications are identified on the
preliminary site plan.
155.4.9.5.150
Variances Authorized.
Adjustments
to the standards of this Section shall be processed in accordance
with Subsection 155.5.1 Variances. Applications for
variances shall be submitted at the same time an application for
the travel trailer and recreational vehicle park is submitted.
155.4.9.5.160
Final Site Plan
Submission Requirements and Approval Criteria
A.
Submission Requirements. Final site
plans shall be reviewed and approved by the City. The
applicant shall submit the final site plan within one year of the approval of the preliminary site
plan as provided by Subsection 155.4.9.5.120.
Specific information about the format and size of the site
plan, number of copies and other detailed information can
be obtained from the Planning Secretary.
B.
Final site plan submission requirements. At the time
of application for a permit to construct a new park, or expansion
of an existing park, the applicant shall submit six copies of the
following required detailed plans:
1. New structures.
2. Water supply
and sewage disposal systems.
3. Electrical
systems.
4. Road, sidewalk,
and patio construction.
5. The drainage
system.
6. Recreational
area improvements.
7.
The replacement of existing or construction of new stick-built or
manufactured home-type structures situated within the park shall
be subject to the requirements of the Oregon Uniform Building Code
or controlling State Codes.
C.
Approval Criteria. By means of a Type I Procedure,
the Planning Secretary shall review the final site
plan and shall approve or deny the final site
plan based on findings regarding compliance with the
following criteria:
1.
The final site plan
complies with the approved preliminary site plan, and all conditions of approval have been satisfied;
2.
All public improvements required by the preliminary site
plan have been installed and approved by the City.
Alternatively, the developer has provided a performance guarantee
in accordance with Subsection 155.4.9.5.180;
3.
The streets for public use are dedicated without reservation or
restriction other than reversionary rights upon vacation of any
such street and easements for public utilities;
4.
The streets held for private use have been approved by the City as
conforming to the preliminary site plan;
5.
The final site plan
contains a dedication to the public of all public improvements,
including but not limited to streets, public pathways and trails,
access reserve strips, and storm drainage;
6.
The applicant has provided copies of all recorded homeowners
association Codes, Covenants, and Restrictions (CC&Rs); deed
restrictions; private easements and agreements (e.g., for access,
common areas, parking, etc.); and other recorded documents
pertaining to common improvements recorded and referenced on the
final site plan;
7.
The final site plan
complies with the applicable Sections of this code (i.e., there
have been no changes in land use or development resulting in a
code violation since preliminary site
plan approval);
8.
Certification by the State of Oregon and Lane County, as
applicable, that water and sanitary sewer service is available to
each and every site depicted on the site
plan; or bond, contract or other assurance has been
provided by the applicant to the City that such services will be
installed in accordance with Subsection 155.3.4 - Public
Facilities Standards, and the bond requirements of Subsection
155.4.9.5.180. A registered professional engineer, subject
to review and approval by the City; shall determine the amount of
the bond, contract or other assurance by the applicant;
9.
The final site plan
contains an affidavit by the surveyor who surveyed the land,
represented on the site plan
to the effect the land was correctly surveyed and marked with
proper monuments as provided by ORS Chapter 92, and indicating the
initial point of the survey, and giving the dimensions and kind of
such monument, and its reference to some corner established by the
U.S. Geological Survey or giving two or more permanent objects for
identifying its location.
155.4.9.5.170
Public Improvements.
The
following procedures apply to travel trailer and recreational
vehicle parks when public improvements are required as a condition
of approval:
A.
Public Improvements Required. Before City approval is
certified on the final site
plan, all required public improvements shall be installed,
inspected, and approved. Alternatively, the subdivider shall
provide a performance guarantee, in accordance with Subsection
155.4.3.180.
155.4.9.5.180
Performance Guarantee.
A.
Performance Guarantee Required. When a performance
guarantee is required under Subsection 155.4.9.5.170, the
applicant shall file an assurance of performance with the City
supported by one of the following:
1.
An irrevocable letter of credit executed by a financial
institution authorized to transact business in the State of
Oregon;
2.
A surety bond, executed by a surety company authorized to transact
business in the State of Oregon, which remains in force until the
surety company is notified by the City in writing that it may be
terminated; or
3. Cash in an
escrow account or payment to the City.
B.
Determination of Sum. The assurance of performance
shall be for a sum determined by the City as required to cover the
cost of the improvements and repairs, including related
engineering and incidental expenses.
C.
Itemized Improvement Estimate. The developer shall
furnish to the City an itemized improvement estimate, certified by
a registered civil engineer, to assist the City in calculating the
amount of the performance assurance.
D.
Agreement. An agreement between the City and
developer shall be recorded with the final site plan that stipulates all of the following:
1.
Specifies the period within which all required improvements and
repairs should be completed;
2.
A provision that if work is not completed within the period
specified, the City may complete the work and recover the full
cost and expenses from the applicant;
3.
Stipulates the improvement fees and deposits that are required.
4.
(Optional) Provides for the construction of the improvements in
stages and for the extension of time under specific conditions
therein stated in the agreement. This agreement may be
prepared by the City, or in a letter prepared by the
applicant. It shall not be valid until it is signed and
dated by both the applicant and Planning Secretary.
E.
When Applicant Fails to Perform. In the event the
developer fails to carry out all provisions of the agreement and
the City has unreimbursed costs or expenses resulting from such
failure, the City shall call on the bond, cash deposit or letter
of credit for reimbursement.
F.
Termination of Performance Guarantee. The developer
shall not cause termination of nor allow expiration of the
guarantee without having first secured written authorization from
the City.
155.5
— EXCEPTIONS TO CODE STANDARDS
Sections:
155.5.0
- Introduction
155.5.1
- Variances
155.5.2
- Non-Conforming Uses and Development
155.5.0
— Introduction
This
Subsection provides standards and procedures for variances and
non-conforming situations (i.e., existing uses or development that
do not comply with the Code). This code cannot provide
standards to fit every potential development situation. The
City’s varied geography and complexities of land development
require flexibility. Subsection 155.5 provides that
flexibility, while maintaining the purposes and intent of the
Code. The variance procedures provide relief from
specific code provisions when they have the unintended effect of
preventing reasonable development in conformance with all other
codes. The standards for non-conforming uses and development
are intended to provide some relief from code requirements for
older developments that do not comply. In this sub-section a
non-conforming structure or use applies to the entire structure
when any part of said structure is found to be non-conforming.
155.5.1
— Variances
Sections:
155.5.1.1
Requirements for Variances
155.5.1.2
Variance Application
155.5.1.1
Requirements for Variances
A.
Purpose.
The
purpose of a variance is to provide relief when a strict
application of the zoning requirements imposes unusual practical
difficulties, or unnecessary physical hardships may result from
the size, shape, or dimensions of a site or the location of
existing structures thereon; from geographic, topographic, or
other physical conditions on the site or in the immediate
vicinity; or from population densities, street locations, or
traffic conditions in the immediate vicinity.
The
power to grant variances does not extend to use regulations.
In other words, no variance can be granted which would have the
effect of rezoning and granting a special privilege not shared by
other property in the same district.
A
variance application shall be a Type III Procedure (Subsection
155.4.1.6).
B.
Criteria.
1.
Variances to a requirement of this Section with respect to lot
area and dimensions, setbacks, yard area, lot coverage, height of
structures, vision clearance, fences and walls, and other
quantitative requirements may be granted only if substantive and
probative evidence establishing specific findings of fact have
been made that the variance conforms to the following criteria:
a.
A strict or literal interpretation and enforcement of the
specified requirement would result in practical difficulty or
unnecessary hardship and would be inconsistent with the objectives
of this Section;
b.
There are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended use of the
property, which do not apply generally to other properties in the
same zoning district;
c.
A strict or literal interpretation and enforcement of the
specified regulation would deprive the applicant of privileges
legally enjoyed by the owners of other properties classified in
the same zoning district; and
d.
The granting of the variance will not be detrimental to the public
health, safety, or welfare or materially injurious to properties
of improvements in the near vicinity.
2.
Variances in accordance with this Section should not ordinarily be
granted if the special circumstances upon which the applicant
relies are a result of the actions of the applicant or owner or
previous owner.
3.
Variances to requirements of this Section with respect to
off-street parking and loading facilities may be authorized as
applied for or as modified, if, on the basis of the application,
investigation, and the evidence submitted, the following express
written findings, in addition to those prescribed in the criteria
above, are made:
a.
Neither present nor anticipated future traffic volumes generated
by the use of the site or use of sites in the vicinity reasonably
require strict or literal interpretation and enforcement of the
requirements of this Section;.
b.
The granting of the variance will not result in the parking or
loading of vehicles on public streets in such a manner as to
materially interfere with the free flow of traffic on the streets;
and
c.
The granting of the variance will not create a safety hazard or
any other condition inconsistent with the general purpose of this
Section.
4. A
variance shall not be required for existing non-conforming
structures to the extent specified
in 155.5.2.2 and 155.5.2.3.
C.
Effect of substantially identical variances and modification to
other City ordinances.
1.
A variance granted by authority of this section eliminates the
necessity of obtaining approval of a substantially identical or
less extensive variance or modification to the building code and
development ordinance, respectively, and constitutes a variance or
modification of those ordinances as applicable.
2.
A variance shall not be required to the area, width, depth,
frontage, or setback requirements of this Section for any
subdivision area developed as a unit and receiving final approval
in accordance with the provisions of the development ordinance
when the requirements to be varied are specifically incorporated
within the finally approved subdivision plat.
D.
Reasonable conditions may be imposed in connection with a
variance as deemed necessary to protect the best interests of the
surrounding property or neighborhood and otherwise secure the
purpose and requirements of this section. Guarantees and
evidence may be required that such conditions will be and are
being complied with.
E.
Procedures for application, hearing, notice, and appeal shall be
as provided in this subsection for variances.
F.
Compliance with conditions of approval imposed in the variance,
and adherence to the submitted plans as approved, is
required. Any departure from these conditions of approval
and approved plans constitutes a violation of this part.
G.
A valid variance supersedes conflicting provisions of subsequent
rezoning or amendments to this part unless specifically provided
otherwise by the provisions of this subsection or the conditions
of approval to the variance.
H.
Variances shall automatically be revoked if not exercised within
one year of the date of approval. Further, variances may be
revoked if:
1.
The City Council determines there is probable cause to conclude
that the conditions of the variance have not been met.
2.
The City Council serves notice upon the owner of record of the
property by certified mail, return receipt requested, that he or
she is directed to appear and show cause why the variance should
not be revoked.
3. The notice
provides a time, place, and date of the hearing.
4.
The hearing is in fact conducted, and the City Council finds by
preponderance of the evidence that the conditions of the variance
have in fact been violated.
I.
An application which is substantially similar to an application
which has been withdrawn by the applicant or has been denied or
revoked shall not be re-filed within 12 months of the date of
withdrawal, revocation, or denial unless the City Council
determines there is good and sufficient cause to allow a refiling.
155.5.1.2
Variance Application
The
variance application shall conform to the requirements for Type
III applications (Subsection 155.4.1.6), as applicable. In
addition, the applicant shall provide a narrative or letter
explaining the reason for his/her request, alternatives
considered, and why the subject standard and criteria of (B) above
cannot be met without the variance.
155.5.2
— Non-Conforming
Uses and Development
Sections:
155.5.2.1
Procedure
155.5.2.2
Non-Conforming Uses of Structures or Structures and Land in
Combination
155.5.2.3
Repairs And Maintenance.
155.5.2.4
Non-Conforming Uses Under Conditional Use or Temporary Permits
155.5.2.1
Procedure
Non-conformities
are processed as a Type I Procedure (Subsection 155.4.1.4) with
appeal to the Planning Commission as a Type II Procedure
(Subsection 155.4.1.5).
155.5.2.2
Non-conforming Uses of Structures or Structures and Land in
Combination
If
a lawful use of a structure, or of a structure and premises in
combination, exists at the effective date of adoption or amendment
of this Section that would not be allowed in the district under
the terms of this part, the lawful use may be continued so long as
it remains otherwise lawful, subject to the following provisions:
A.
No existing structure devoted to a use not permitted in this
Section in the district in which it is located shall be enlarged,
extended, constructed, reconstructed, moved, or structurally
altered, except as allowed in this section and except that a
structure may be moved out of an existing or proposed street
right-of-way to another portion of the parcel or lot upon which it
is located.
B.
Any non-conforming use may be extended throughout any parts of a
building, which were manifestly arranged or designed for such use
at the time of adoption or amendment of this part, but no such use
shall be extended to occupy any land outside such building.
C.
If no structural alterations are made, any non-conforming use of a
structure, or structure and premises, may be changed to another
non-conforming use in the same manner and procedure provided for
temporary use permits in paragraph 155.4.9 if it is determined the
character and nature of the proposed use will contribute to less
incompatibility between the existing non-conforming structure, or
structure and premises, and the uses and structures existing in
the surrounding vicinity.
D.
Remodeling, additions, or enlargements of existing single-family
dwellings, multifamily dwellings, churches, and schools may be
made if otherwise conforming to the requirements in effect for the
district. If setback intrusion is the non-conforming use,
remodeling, additions or enlargements are allowed as long as
the setback encroachment is not increased.
E.
Any structure, or structure and land in combination, in or on
which a non-conforming use is superseded by a permitted use shall
thereafter conform to the use regulations for the district in
which such structure is located, and the non-conforming use may
not thereafter be resumed.
F.
Additional structures for fencing, covering, or visually improving
a non-conforming use of a structure, or structure and premises in
combination, which will not extend the size, area, or operation of
the nonconformity and will not materially prolong its economic
life, may be permitted subject to approval of a site review permit
as provided in Subsection 155.4.2.
G.
When a non-conforming use of a structure, or structure and
premises in combination, is discontinued or abandoned for one
continuous twelve-month period, the structure, or structure and
premises in combination, shall not thereafter be used, except in
conformance with the regulations of the district in which it is
located.
H.
Where non-conforming use status applies to a structure and
premises in combination, removal or destruction of the structure
shall establish the non-conforming use of land only.
Destruction for the purpose of this provision is defined as damage
to an extent of more than 75% of the assessed true cash value of
the building at the time of destruction.
I.
Notwithstanding the provisions of this or other sections of this
part, a single-family
dwelling,
which constitutes a non-conforming use, may be replaced if:
1.
The single-family dwelling constitutes the residence of the owner
or operator of the premises and has been removed because it is no
longer fit for human habitation. The owner or operator of
the premises must have occupied the single-family dwelling within
one year of the date of removal. The necessary permits must
be obtained and substantial construction begun within two years of
the date of removal.
2.
The single-family dwelling, which constitutes the residence of the
owner or operator of the premises, has been destroyed. The
necessary permits must be obtained and substantial construction
begun within two years of the date of the deconstruction.
J.
Nothing in the provisions of Subsection I above is to be
construed as allowing the
replacement of an additional or
other single-family dwelling which may be located on the same
parcel of land as the residence of the owner or operator.
K. If non-conforming
lots are non-conforming for the sole reason they are less than one
acre, the conditional use process may be used to allow intrusion
of up to 20% into standard setbacks. This latter does not
apply to shoreland or riparian area setbacks.
155.5.2.3
Repairs and Maintenance
A.
On any non-conforming structure or structure devoted in whole or
in part to any non-conforming use, work may be done on ordinary
repairs, or on repair or replacement of walls, fixtures, wiring,
or plumbing, to an extent not exceeding an accumulative total of
75% of the current assessed true cash value of the building,
provided that the cubic content of the building as it existed at
the time of passage or amendment of this subsection shall not be
increased.
B.
Nothing in this Section shall be deemed to prevent the
strengthening or restoring to a safe condition of any building or
part thereof declared to be unsafe by any official charged with
protecting the public safety upon order of such official.
155.5.2.4
Non-Conforming Uses Under Conditional Use or Temporary Permits.
Any
use for which a conditional use or temporary permit has been
granted as provided in this chapter and remains valid shall not be
deemed a non-conforming use.
155.6
Appendix
Lot,
Street, and Block Diagrams
155.6.1
Lot lines, depth and width
155.6.2
Corner Lots
155.6.3
Interior Lots
155.6.4
Thorough and double frontage lots
155.6.5
Flag Lots
155.6.6
Subdivision Street types
155.6.7
Vision Clearance
155.6.1
Lot Lines, Depth and Width
155.6.2
Corner Lots
155.6.3
Interior Lots
155.6.4
Through and Double Frontage Lots
155.6.5
Flag Lots
155.6.6
Subdivision Street Types
155.6.7
Vision Clearance
(To be added)