Chapter 17.52
SUPPLEMENTARY REGULATIONS AND EXCEPTIONS
17.52.010 Accessory uses-General provisions.
Accessory uses shall comply with all requirements for the principal use except where specifically modified by this title, and shall comply with the following limitations:
A. Fences, which may be located within yards, shall not exceed three and one-half feet from the grade of the street centerline in the front yard, and shall not conflict nor exceed six feet in other yards with requirements of a clear vision area as provided in Section 17.52.060 or the clear vision adjacent private driveways.
B. A greenhouse or hothouse may be maintained accessory to a dwelling provided the activity does not exceed that which requires a license under Chapter 571 of the Oregon Revised Statutes: Nurseries and Nurserymen.
C. A guest house may be maintained accessory to a dwelling, provided there are no cooking facilities in the guest house.
D. Regardless of the yard requirements of the zone, a side or rear yard may be reduced to three feet for an accessory structure, provided the structure is detached from other buildings by five feet or more and does not exceed a height of one story nor an area of four hundred fifty square feet.
E. A home occupation shall not occupy more than one-quarter of the ground floor area of the dwelling. The residential character of the building shall be maintained and the activity shall not have the outward appearance of a business nor detract from the residential character of the neighborhood. There shall be no outside display or storage of merchandise, materials, sign or equipment on the premises. Noise, odor, smoke, gases, fallout, vibration, heat or glare resulting from the home occupation shall not be detectable beyond the limits of the property. (Ord. 84-2 § 4.010)
17.52.020 Authorization of similar uses.
In response to an application in relation to a specific lot, the planning commission may rule by resolution that a use, not specifically named in the allowed uses of a zoning district and not specified in any other zoning district, shall be included among the allowed uses if the use is of the same general type and is similar to the allowed uses. Such ruling by resolution of the planning commission shall thereafter be presented to the city council for legislative enactment to amend the zoning ordinance to include such use. In addition, the ruling shall be entered in a registry available to the public that sets out the street address or other easily understood geographic reference to the lot; the date of the ruling; and a description of the ruling. (Ord. 2000-06-A, § 1; Ord. 90-8; Ord. 84-2 § 4.020)
17.52.030 Access requirement.
Every lot shall abut a street, other than an alley, for at least twenty-five feet. (Ord. 84-2 § 4.030)
17.52.050 Storage in front yard.
Boats and trailers and house trailers shall not be stored in a required front yard. (Ord. 84-2 § 4.050)
17.52.060 Clear-vision area requirement.
A clear-vision area shall be maintained on the corners of all property adjacent to the intersection of two streets. A clear-vision area shall contain no planting, fence or other temporary or permanent obstruction exceeding two and one-half feet in height, measured from the top of the curb, or where no curb exists, from the established centerline grade of the street, except that trees exceeding two and one-half feet may be permitted if all branches and foliage to a height of eight feet above the top of the curb are removed. (Ord. 84-2 § 4.060)
17.52.070 Measurement of clear-vision areas.
A clear-vision area shall consist of a triangular area two sides of which are street lines and the third side of which is a line across the corner of the lot connecting the ends of the other two sides. The size of a clear-vision area is determined by the distance from the intersection of the two street lines to the third side, measured along the street. The size shall be as follows:
A. In a residential zone, the distance determining the size of a clear-vision area shall be thirty feet.
B. In all other zones, the distance determining the size of a clear-vision area shall be fifteen feet, except that when the angle of intersections between streets in less than thirty degrees, the city may require a greater distance. (Ord. 84-2 § 4.070)
17.52.080 Maintenance of minimum requirements.
No lot area, yards, other open space, or off-street parking or loading area existing on or after the effective date of the ordinance codified in this title shall be reduced below the minimum required for it by this title. (Ord. 84-2 § 4.080)
17.52.090 Dual use of required open space.
No lot area, yard or other open space or off-street parking or loading area which is required by this title for one use shall be utilized to satisfy requirements for lot area, yard or other open space or off-street parking or loading area for another use, except as provided in Chapter 17.56. (Ord. 92-8; Ord. 84-2 § 4.090)
17.52.100 Landscaping.
Landscaping shall be provided for each development and shall satisfy the following requirements:
A. A landscaping plan shall be submitted as a part of all building permit applications for commercial, industrial and multifamily development, including development in the PC zone. Plans must indicate how landscaped area will be irrigated.
B. As is practical, native plants, trees and shrubs shall be employed as planted material. Except as modified for specific use, a minimum of fifteen percent of the total lot area shall be landscaped.
C. All areas not involved with structures, roadways and walkways shall be landscaped.
D. Landscaping shall be located in at least three separate and distinct areas of the lot, one of which must be located in the front and another in one of the side areas. In all developments, the areas between buildings must be landscaped.
E. Plant materials shall achieve balance between low-lying and vertical shrubs and trees. At a minimum, all areas to be landscaped and buffered shall be planted with a minimum of one tree per twenty lineal feet and one deciduous or evergreen shrub per five lineal feet. Groundcover shall be grass, bark chips or similar native material. Any earth berms shall be a minimum of three feet in height, and be topped with ground cover and shrubbery. Plantings shall not be higher than five feet if they would block the view of any shoreline of the Pacific Ocean, Siletz Bay or Devils Lake.
F. Garbage and trash collection stations, laundry areas in multifamily developments and other uses within a development which might provide objectionable views shall be landscaped with screen plantings, or landscaped masonry wall or fencing.
G. 1. All landscaping shall be continual-ly maintained, including necessary irrigation, weeding, pruning, and replacing in a substantially similar manner as originally approved.
2. Drainage pipes and appurtenances located on an ocean front parcel shall be secured and screened with landscaping to the extent feasible, and the discharge shall be placed to limit erosion.
H. 1. All required landscaping shall be installed prior to issuance of a certificate of occupancy or, in relation to development for which a certificate of occupancy is not required, prior to commencement of use. If all required landscaping has not been satisfactorily completed prior to application for issuance of a certificate of occupancy or prior to a proposed commencement of use, and if the director determines that a delay in completion of the landscaping is appropriate because there has not been a reasonable amount of time for the completion of the landscaping or for other reasons, then the director may require, as a condition of such issuance or use, a landscaping agreement signed by the owner, in a form satisfactory to the director. A landscaping agreement shall:
a. Identify all landscaping remaining to be completed and establish a time period, not to exceed one hundred twenty days, within which the owner shall complete the landscaping;
b. Provide that if the owner does not complete the identified landscaping within the established time period, then the city may complete the landscaping and recover the full cost and expense of completion from the owner;
c. Require the owner to hold harmless, defend, and indemnify the city and its mayor and council members, officers, boards, commissioners, and employees from claims of any nature arising or resulting from the performance of any acts required to be done by the owner under the agreement.
2. An owner entering into a landscaping agreement under this subsection shall file with the city, as a condition to city acceptance of the agreement, financial security to assure the full and faithful performance of the agreement by the owner. The financial security shall be in an amount equal to one hundred ten percent of the owner’s estimated cost to complete the landscaping, as approved by the director, which amount shall be subject to reduction from time to time in the sole discretion of the director as satisfactory installation of the landscaping is completed.
3. The financial security required under this subsection shall be in a form approved by the director and may be one or more of the following:
a. A surety bond executed by a surety company authorized to transact business in the state of Oregon;
b. Cash; or
c. An irrevocable standby letter of credit or similar financial security instrument. (Ord. 2000-11, § 10; Ord. 98-11 § 5; Ord. 92-17; Ord. 84-2 § 4.100)
17.52.110 Distance between buildings.
A minimum distance of fifteen feet shall be maintained between buildings designed for dwelling purposes on the same lot. A minimum distance of ten feet shall be maintained between a building designed for dwelling purposes and other buildings on the same lot. (Ord. 84-2 § 4.110)
17.52.120 Utilities.
A. In the single-family residential (R-1) zone, and the multiple-family residential (R-M) zone, when city services are not available or when only partial services are available, the minimum parcel size shall be five acres, except however, if any existing lots of record less than five acres in area which do not front on a public sewer line but which will be connected to a public water line may be developed with a single-family dwelling utilizing an approved subsurface sewerage disposal system, provided a "deferred improvement agreement" is executed and recorded by the owner of record consenting to the establishment of a local improvement district to participate in future public sewer system extensions and connections.
B. In all zones, all electrical, telephone and cable television utility service installations or connections made as part of new construction of a building or structure, shall be placed underground in accordance with city standards. (Ord. 95-15; Ord. 91-1; Ord. 84-2 § 4.120)
17.52.130 Projections from buildings.
Architectural features such as cornices, eaves, canopies, sunshades, gutters, chimneys, and flues shall not project more than 18 inches into a required side yard, or one-half of the required yard in the front or rear. (Ord. 84-2 § 4.130)
17.52.140 Lot size requirements-General exceptions.
If a lot or the aggregate of contiguous lots as recorded in the office of the county clerk at the time of the passage of the ordinance codified in this title has an area or dimension which does not meet the lot size requirements of the zone in which the property is located the holdings may be occupied by a use permitted in the zone subject to the other requirements of the zone; provided, that residential zones, the use shall be limited to a single-family dwelling except in the R-R zone where a mobile home or recreational vehicle is permitted. (Ord. 84-2 § 4.140)
17.52.150 Lighting.
Artificial lighting shall not be designed to shine or create glares in any residential zone, adjacent dwelling unit or in a public right-of-way. (Ord. 84-2 § 4.150)
17.52.160 Yard requirements-Handicapped access facilities.
Yard requirements of this title shall not apply to handicapped access facilities which are constructed as additions to existing structures and which exclusive of railings do not exceed the height of the ground floor building access elevation and do not conflict with the clear vision requirements of Section 17.52.060. Handicapped access facilities shall include ramps, sidewalks, curbing and entrances constructed for the purpose of making a building accessible to a physically handicapped person. Handicapped access facilities must be constructed in accordance with any applicable requirements of the Uniform Building Code. Handicapped access facilities constructed as additions to a nonconforming structure shall not be considered an alteration or extension of the nonconforming structure.
A. Handicapped access facilities constructed pursuant to this section may only be constructed for the benefit of an owner, occupant or resident of the property where the handicapped access facilities are sited.
B. Handicapped access facilities constructed pursuant to this section must be removed within one hundred eighty days of the date when the facilities are no longer used by a handicapped person who is an occupant, resident or owner of the site where the facilities are located. (Ord. 95-24; Ord. 88-9; Ord. 84-2 § 4.160)
17.52.170 Trash receptacle enclosures.
In any R-M, PC, RC, GC and PI zone, all trash receptacles shall be located within a building or within an enclosure which screens the receptacle from the view of neighboring property or from a public right-of-way, except those trash receptacles accessory to a single-family dwelling. (Ord. 84-2 § 4.170)
17.52.180 Screening of mechanical equipment.
Any heating, air conditioning, or other special mechanical equipment installed on or near a building to be used to serve the building or a function performed therein, and any propane tanks, shall be screened from the ground level view from adjacent properties and from public streets. (Ord. 98-11 § 4: Ord. 84-2 § 4.180)
17.52.190 Building height limitations.
A. No structure used for human habitation more than forty-five feet in height shall be permitted in any zone unless consent is first approved by the voters of the city at a regular or special election. For the purpose of this section, "height" means the vertical distance from the average of the finished ground level at the center of all walls of the building to the highest point of the roof, exclusive of chimneys.
B. No structure within a residential zone shall be permitted within five hundred feet of any shoreline which exceeds thirty-five feet in height without prior approval of the planning commission at a public hearing. (Ord. 84-2 § 4.190)
17.52.200 Building height limitations—General exception.
Projections such as chimneys, spires, domes, elevator shaft housing, towers, aerials, flagpoles and other similar objects not used for human occupancy are not subject to the building height restrictions of this title. (Ord. 84-2 § 4.200)
17.52.210 Planned unit development (PUD).
A. Purpose. It is the purpose of this section to allow residential planned unit developments in any residential or commercial zone, or any combination of them, and in doing so, to allow a more flexible approach to land development than that which is normally accomplished through the subdivision and zoning ordinances of the city. The planned unit development approach is intended to provide more desirable environments by encouraging creative site planning and building designs; to make possible greater diversification between buildings and open spaces; and to conserve land and minimize development costs. The planned unit development approach, however, is not intended to allow uses on land within a planned unit development other than uses permitted within the zone that is applicable to the land.
B. Planning Commission Authority. The planning commission shall have the authority to approve, approve with conditions, or disapprove planned unit developments in any residential or commercial zone, or any combination of them, subject to the provisions of this section.
C. Pre-Application Conference. Prior to filing an application for a planned unit development, the applicant shall review the applicant’s preliminary master plan with the city manager or the city manager’s designated representative at a pre-application conference. The purpose of the pre-application conference is to inform the city of the nature of a likely PUD application at an early date and to provide the potential applicant with information on what will be needed to make an application complete.
D. Preliminary Master Plan Application. Following a pre-application conference, an applicant may submit a preliminary master plan to the site plan committee established under Section 17.52.240 for review. The preliminary master plan, which must include a drawing showing the layout of the proposed planned unit development, must contain the following information:
1. Proposed name of the planned unit development;
2. Date, north point and scale of drawing;
3. Appropriate identification clearly stating that the drawing is a preliminary planned unit development master plan;
4. Location of the planned unit development by section, township and range; a legal description sufficient to define the location and boundaries of the proposed planned unit development tract; and the tract designation or other description according to the real estate records of the county assessor;
5. A vicinity sketch map at a scale of one inch equals four hundred feet showing adjacent property boundaries and land uses;
6. Names and addresses of legal owners of properties within five hundred feet of the tentative planned unit development boundaries, excluding streets;
7. The following:
a. Location, widths and names of all existing streets or other public ways within or abutting the planned unit development,
b. Contour lines having the following minimum intervals:
i. Two-foot contour intervals for ground slopes less than ten percent, and
ii. Five-foot contour intervals for ground slopes ten percent or greater.
Contours shall be based on contour maps provided by the city or other data approved by the city engineer,
c. Location of at least one temporary bench mark within the planned unit development boundaries or the source of the contour line data shown. (Source and accuracy subject to city engineer’s approval),
d. Location and direction of all water courses and natural features such as rock outcroppings, marshes and wooded areas; and the approximate locations of trees or stands of trees having a trunk cross-sectional diameter of eight inches (approximately twenty-five inches in circumference) or more measured at a point fifty-four inches above the base of the trunk on the uphill side. The plan must identify those water courses, natural features and areas of trees meeting the described criteria which are to remain and those which may be altered or removed,
e. Proposed streets, including location, widths and approximate radii or curves,
f. Location of existing and proposed easements on the site or abutting property, showing the width and purpose of each easement,
g. The types of housing proposed within the PUD, the approximate location or locations proposed for each type of housing, and the approximate housing density proposed at each location,
h. Sites, if any, allocated for:
i. Churches,
ii. Parks, schools, playgrounds,
iii. Public buildings,
iv. Open space,
i. Area coverage of existing and proposed structures, lots, streets or other development.
E. Supplemental Preliminary Master Plan Information. The applicant also shall submit the following information to supplement the preliminary master plan. This information can be submitted in separate statements accompanying the preliminary master plan:
1. Proposed restrictions to be filed in the county deed records, in outline form, such as deed restrictions, conditions, covenants and restrictions, and homeowners association agreements. The outline restrictions shall identify the time at which the restrictions will be filed in the county deed records; generally who will have authority to enforce the restrictions; specifically which restrictions, if any, are proposed to be enforceable by the city; the time at which the restrictions will become enforceable; and which restrictions, if any, will not be subject to amendment without the consent of the city;
2. Approximate locations and anticipated grades of all streets. Typical cross sections of the proposed streets showing widths of roadways, curbs, location and widths of sidewalks and the location and size of utility mains;
3. Approximate plan of proposed sanitary sewers, storm drains, storm water detention and drainage pretreatment facilities and the water distribution system;
4. A general description of property intended to be dedicated to the city or public, other than street right-of-ways, including proposed dedication restrictions;
5. Maximum permitted number of residential units, calculated as follows:
a. Determine residential development area as follows: subtract from gross area any area allocated for churches, schools, and public buildings,
b. Divide residential development area by the minimum residential lot size permitted in the underlying zone. This is the maximum permitted number of residential units;
6. Proposed number of residential units;
7. An approximate tabulation of all dwelling units by type;
8. A narrative description of the planned unit development and the manner in which it meets the purpose set out in subsection A of this section;
9. A statement describing the present and proposed ownership;
10. A preliminary landscape plan, covering both areas to retain undisturbed their natural vegetation and areas to be relandscaped;
11. A circulation plan and traffic impact analysis identifying likely circulation patterns for and traffic impacts from traffic generated by the development including patterns and impacts within the development, in the area surrounding the development, and in other affected areas of the city;
12. A statement whether the applicant proposes to submit the final master plan for review as a single master plan or in phases; a statement of the date or dates by which the applicant proposes to submit the final master plan or final master plan phases for review; and a statement of the date or dates by which the applicant anticipates that the development and related improvements or each phase thereof will be substantially completed.
F. Determination that Preliminary Master Plan is Complete. Following submission or resubmission of a preliminary master plan, the site plan committee established by Section 17.52.240 shall determine whether the plan is complete pursuant to the submittal requirements of subsections D and E of this section. The determination of the committee shall be in writing and, if the application is determined to be incomplete, shall be provided to the applicant with a description of the additional material required to make the application complete.
G. Site Plan Committee Review of Complete Preliminary Master Plan. Following submission of a complete preliminary master plan, the site plan committee shall review the preliminary master plan, shall seek comments on the plan from potentially affected governmental units and agencies, and shall report to the planning commission the comments of the committee members and of those governmental units and agencies that submit comments.
H. Planning Commission Consideration of Preliminary Master Plan. Following receipt of comments on the preliminary master plan from the site plan committee, the planning commission shall review the plan and comments in public hearings and shall give approval, approval with conditions, or disapproval to the preliminary master plan. The planning commission shall state its decision and its reasons in writing. The applicant may appeal the decision to the city council in accordance with the provisions of Section 17.76.040. The planning commission shall issue its written decision in a timely manner so that the city’s final decision, inclusive of all appeals, can be made within one hundred twenty days after submission of a complete preliminary master plan. The planning commission’s consideration of the preliminary master plan shall be subject to the following:
1. The commission shall approve, or approve with conditions, the plan if it finds that the plan, either as submitted or with conditions, meets all of the following criteria. The commission shall disapprove the plan if it finds that the plan, either as submitted or with conditions, does not meet any one or more of the following criteria.
a. The proposed planned unit development will be substantially compatible with existing development in the surrounding area; and undeveloped land in the surrounding area can be developed in a manner substantially compatible with the proposed planned unit development.
b. The number of years proposed for completion of the development or each phase of the development is reasonable, taking into consideration the possibility of changing land use patterns in or requirements of the city over time. In order to ensure that the development will be compatible with land use patterns in and requirements of the city at the time of approval of a final master plan, the planning commission shall establish an expiration date for the preliminary master plan approval, not sooner than two years after approval of the preliminary master plan; may impose conditions requiring that a final master plan or phases thereof be submitted for commission review within a specified period or periods of time, not sooner than one year after approval of the preliminary master plan; or may impose conditions requiring commission reevaluation of as yet unbuilt portions of the development, for conformity with then-existing city zoning ordinance requirements in relation to then-existing conditions, not sooner than five years after approval of the preliminary master plan, and at such periodic intervals of not less than five years thereafter as the commission deems appropriate to ensure conformity.
c. Construction of the development can be accomplished in a manner that does not create unreasonable negative impacts on the area surrounding the development or in the city. In order to assure the avoidance or mitigation of negative construction impacts on the area surrounding the development or in the city, the planning commission may impose conditions including but not limited to:
i. Requirements that removal of existing landscaping during construction be limited to areas of the planned unit development to be constructed shortly following removal and to portions of those areas on which construction will occur;
ii. Prohibitions of open burning on the site during construction;
iii. Prohibitions or limitations on construction track-out;
iv. Restrictions on construction noise; and
v. Restrictions on construction traffic.
d. The development will not create unreasonable negative impacts on the area surrounding the development or in the city. In order to assure the avoidance or mitigation of negative impacts, the planning commission may require the filing of restrictions in the county deed records including but not limited to restrictions:
i. Prohibiting the removal of specified landscaping; and
ii. Prohibiting open burning during construction.
e. Street, water, sewer, drainage and drainage pretreatment, storm water detention, and other similar facilities in the area surrounding the development and in the city are or will be adequate to provide for the health, safety and welfare for the development’s population densities and the type of development proposed, taking into consideration existing and projected future demands on those facilities.
f. Street, water, sewer, drainage and drainage pretreatment, storm water detention and other similar facilities proposed to be constructed as part of the development are adequate to provide for the health, safety and welfare for the population densities and the type of development proposed.
g. The proposed number of residential units does not exceed the maximum permitted number of residential units; and at least fifteen percent of the gross area is dedicated to landscaping. For purposes of computing area dedicated to landscaping, dedicated open space and protected resource areas may be treated as area dedicated to landscaping, but parking areas may not.
2. The planning commission, in approving a preliminary master plan, may attach conditions it finds are necessary or appropriate to carry out the purposes of this title.
I. Extension of Approved Preliminary Master Plan. Prior to expiration of an approved preliminary master plan, the planning commission may, on receipt of an application applying to the as yet unbuilt portions of the development, extend the expiration date provided that the extension will be consistent with then-existing city zoning ordinance requirements, in relation to then-existing conditions. An application for an extension shall be subject to all of the procedures set out in subsections C through H of this section, including but not limited to the requirement of a hearing before the planning commission, except that the application materials required to be submitted shall be only such materials supplementing the original application as are needed to demonstrate that an extension will meet the criterion for an extension established by this subsection.
J. Modification of Approved Preliminary Master Plan. The planning commission may, on receipt of an application applying to the as yet unbuilt portions of the development, modify an approved preliminary master plan provided that the modifications will be consistent with the then-existing city zoning ordinance requirements, in relation to then-existing conditions. An application for modifications shall be subject to all of the procedures set out in subsections C through H of this section, including but not limited to the requirement of a hearing before the planning commission, except that the application materials required to be submitted shall be only such materials supplementing the original application as are needed to identify the proposed modifications and to demonstrate that the modifications will meet the criterion for modifications established by this subsection.
K. Procedure Following Expiration of Preliminary Master Plan. If an approved preliminary master plan expires, whether as to the entire area proposed for development or as to as yet unbuilt portions of the development, then a complete new application must be submitted prior to reconsideration. An application for reconsideration shall be treated as an original application and shall be subject to all of the procedures set out in subsections C through H of this section, including but not limited to the requirement of a hearing before the planning commission.
L. Submission of Tentative Subdivision Plan. If an approved preliminary planned unit development master plan provides for the subdivision of land within the planned unit development, then within such period or periods of time as required by the preliminary planned unit development master plan approval, an applicant shall file a tentative subdivision plan for the planned unit development or for phases of the development, if phasing is permitted. The submittal requirements, procedures and approval requirements for the tentative subdivision plan shall be as set out in Title 16 of this code.
M. Planning Commission Consideration of Final Master Plan.
1. Following preliminary master plan approval, and prior to issuance of a development permit and commencement of development, a final master plan must be submitted to and approved by the planning commission. The final master plan may be submitted in development phases; provided, that:
a. Each phase can exist as a separate entity capable of independently meeting all requirements and standards of this section and of the underlying zones in which the PUD is located; or
b. Prior to the development of any phase that will not exist as such a separate entity capable of independently meeting the requirements and standards, restrictions enforceable by the city and in a form approved by the city have been filed in the county deed records, such as conditions, covenants and restrictions. The restrictions shall be applicable to other areas of the planned unit development not yet proposed for development, and shall be sufficient to assure that:
i. The area within the phase proposed for development, when combined with the area not yet proposed for development, as subject to the deed restrictions, can exist as a combined entity capable of independently meeting the requirements and standards,
ii. The phase has met any applicable reevaluation requirement imposed during the preliminary master plan approval process, and
iii. The separate development of phases will not be detrimental to the total development nor to the adjacent properties in the event the remainder of the development is not completed.
2. The final master plan must be in sufficient detail to allow the planning commission to determine whether the final master plan is consistent with the preliminary master plan and whether the final master plan meets all conditions applicable to the preliminary master plan. In addition, the final master plan shall include:
a. Detailed landscaping plans showing the type and size of all plant material and its location, the irrigation system, decorative materials, recreation equipment and special effects; and the schedule for removal and replanting of vegetation;
b. Detailed water, sewer, drainage and drainage pretreatment, storm water detention and street system plans, including:
i. Central line profiles showing finished grades of all streets,
ii. Cross sections of proposed streets showing widths of roadway, curbs, locations and width of sidewalks and location and size of utility mains,
iii. Profiles of sanitary sewer, street drainage, drainage pretreatment, storm water detention and water distribution systems, showing pipe size and location of valves and fire hydrants, all to conform to city standards,
iv. The estimated cost of street, sewer, drainage and drainage pretreatment, storm water detention, water, and other public infrastructure improvements within the planned unit development.
3. The planning commission shall approve, or approve with conditions, the final master plan if the planning commission determines that the plan meets all of the following criteria. The commission shall disapprove the final master plan if it finds that the plan, either as submitted or with conditions, does not meet one or more of the following criteria:
a. The plan is consistent with the preliminary master plan and all conditions applicable to it;
b. All utility systems and landscaping conform to city standards or are approved by the city engineer; and
c. If the final master plan is for a phase of the total planned unit development, the criteria for phasing stated in subsection (M)(1) of this section will be met.
N. Requirements Following Final Master Plan Approval.
1. A certified print of the approved final planned unit development master plan shall be provided by the applicant without charge to the office of the city recorder.
2. Except as provided in subsection H of this section, proposals to make changes in the final master plan after it has been approved shall be considered the same as a new PUD application and shall be permitted only in accordance with all of the procedures set out in this section, including but not limited to the requirement of a hearing before the planning commission, except that the application materials required to be submitted shall be only such materials supplementing the original application as are needed to identify the proposed changes and to demonstrate that the changed planned unit development will meet the criteria established by this section.
3. Proposals to make minor changes in the final master plan after it has been approved may be approved by the city manager or the city manager’s designated representative. Minor changes consist only of changes that will not have public visibility and that:
a. Do not increase densities;
b. Do not change boundaries;
c. Do not change any use, specific or general, described in the final master plan; and
d. Do not change the location or amount of land devoted to specific land uses.
4. A final PUD plat shall be filed with and approved by the city in accordance with the final platting requirements of Title 16 (Subdivisions) of this code and recorded with Lincoln County, within one year of the approval of a final master plan. One extension of time may be granted, for good cause, by the planning commission if such extension is authorized by the commission prior to the expiration of the one-year period, and provided such extension not exceed one additional year. No additional extensions may be granted. If a final PUD plat is not filed, approved and recorded as required by this section, then the planned unit development approval shall become void as of the date the filing requirement no longer can be met.
5. Prior to commencement of development, the developer shall provide to the city an improvement agreement and financial security instrument as described in subsection H of this section and shall obtain a development permit. (Ord. 96-7; Ord. 84-2 § 4.210)
17.52.220 Tree removal protection.
A. Purpose. The purpose of this section is to establish regulations to protect trees and set forth standards for removal of certain trees to better control problems of soil erosion, destruction of scenic values and wildlife habitats. The intent is not to prohibit the removal of trees, or to require extraordinary measures to site structures, but to prohibit destruction of trees that have a beneficial effect on the value of property and on the city as a whole. This purpose statement provides a general philosophy to guide the specific enforcement and implementation provisions and criteria which follow in subsections B and C of this section.
B. Tree Removal Permit Required. No person shall engage in or cause land clearance or tree removal without having first obtained a tree removal permit issued by the city engineer. Every tree removal permit shall be subject to such conditions as are appropriate to assure that the tree removal is conducted in a manner consistent with Section 12.08.050(B) of this code. The city engineer may issue tree removal permits only under the following circumstances:
1. Removal of diseased tree(s) weakened by age, storm, fire or other injury. If a visual inspection by the city engineer cannot establish that the tree is dead or diseased, the applicant shall, at the applicant’s cost, obtain the services of a qualified arborist to make that determination. If it is determined by the arborist that the tree is dead or diseased and cannot be saved, the city engineer shall approve its removal. If the tree is determined to be alive and/or curable of disease, the city engineer shall deny the permit;
2. Removal of tree(s) for the placement of structures and other improvements where a development permit for a single- or two-family dwelling, or an approval of a planned unit development, site plan, or subdivision has been obtained. A tree removal permit shall not be issued under this subsection unless the city engineer first has given final approval to the final design of all street, gutter, curb, and sidewalk, sanitary sewer, storm sewer, and water system improvements required under the development permit or approval to serve proposed development on the land and, to the extent otherwise required by this section or this code, the owner has entered into a public infrastructure improvement agreement for the improvements and provided financial security therefor. Any tree removal permit issued under this subsection shall be subject to such conditions as are appropriate to assure that disturbed areas will be revegetated immediately following completion of the improvements;
3. Removal of tree(s) to protect solar access to the south face of buildings during solar access hours, as defined in ORS § 227.190, which cannot be accomplished by pruning on the benefitting property;
4. Selective removal of tree(s) and vegetation to allow reconnaissance surveys of a project site, including clearing to allow for accurate topographical determinations, coring to permit geotechnical evaluation and soil surveys, and similar efforts, to the extent such removal is necessary to perform the reconnaissance surveys;
5. Where removal is necessary to prevent the spread of disease or insects declared to be a nuisance by a government agency or qualified arborist, or to correct or eliminate a verified natural hazard to the property owner, surrounding properties, or the community at large;
6. Trees and vegetation within wetlands that fall under the jurisdiction of state and federal government shall not be removed without concurrence from the state and/or federal agencies that have jurisdiction thereof;
7. The provisions of this section do not apply to trees and/or vegetation removal on existing single- and two-family residential lots occupied by a dwelling(s).
C. Exemptions. A tree removal permit is not required for the following:
1. Trees having a trunk diameter of less than eight inches (approximately twenty-five inches in circumference) in diameter at breast height (DBH—the cross sectional diameter) of the trunk of a tree when measured at a point four and one-half feet (fifty-four inches) above the base of the trunk on the uphill side. In the case of multi-stemmed or trunked trees, the diameter shall be the sum of diameters of all individual stems or trunks;
2. Tree removal by utility or city public works personnel to remove vegetation and trees that present a danger to life or property, to restore utility services, or to reopen a public thoroughfare to traffic;
3. Removal of trees and groundcover by city public works personnel that are deemed nuisances under Chapter 8.12, Nuisances, or for the removal for trees and other vegetation necessary to install or maintain improvements on parklands, streets, sewers, or utilities within publicly-owned and dedicated rights-of-way or public utility easements. (Ord. 2002-09 § 2; Ord. 92-17; Ord. 84-2 § 4.220)
17.52.230 Public infrastructure improvement requirements.
A. Infrastructure Easement and Improvement Requirements. The issuance of a building permit shall be for the addition, alteration, or repair, within any twelve-month period exceeding fifty percent of the assessed value or market value, whichever is greater, of an existing building or structure, or for a new building or structure in connection with any permitted or conditional use within any zone as described in this title, or of a site plan approval for development for which site plan review is required under Section 17.52.240, shall be subject to the following requirements:
1. The applicant shall submit, as part of a building permit application, a site plan drawn to scale showing the nature, size, and location of:
a. Proposed buildings and improvements,
b. Proposed access and off-street parking,
c. Proposed private and public utility lines, facilities, and easements,
d. Proposed curbs, gutters, pavement, and sidewalks, and related easements,
e. Proposed stormwater detention, treatment, and drainage features, facilities, and easements,
f. Existing private and public utility lines, facilities, and easements,
g. Existing stormwater detention, treatment, and drainage features, facilities, and easements,
h. Existing lot lines; and
2. The applicant shall agree, except as otherwise provided in subsections B and C of this section:
a. To install curbs and gutters along adjacent streets not having curbs and gutters, and also to pave the roadways from the curbs to twelve feet beyond centerline of unpaved or partially unpaved streets contiguous to the property to be developed, in accordance with the standards of this title and Title 16 of the Municipal Code (Subdivisions) applicable to the type of development planned on the subject property; and, if existing rights-of-way for streets contiguous to the property are not adequate in width, under the standards of this title and Title 16 of the Municipal Code (Subdivisions), to dedicate right-of-way to the city sufficient to allow streets that are adequate in width,
b. To dedicate to the city utility easements five feet in width along rear lot lines, or along front lot lines as required by the city,
c. To dedicate easements for drainage purposes, and provide stormwater detention, treatment, and drainage features and facilities, as approved by the city engineer, in order to accommodate expected runoffs as determined by a registered professional engineer licensed in Oregon, according to generally accepted drainage accommodation principles,
d. To install sidewalks five feet in width along boundaries contiguous with streets, within existing right-of-way if adequate in width; and, if existing easements are not adequate in width, to deed easements to the city sufficient to allow sidewalks five feet in width,
e. To install and connect to the city systems water and sewer lines and appurtenances which conform to adopted city standards,
f. To place underground all existing electrical, telephone, and cable television utility service installations or connections between any building or structure and the utility distribution system, in accord with city standards, in addition to meeting the requirements of Section 17.52.120, and
g. To develop the site and construct all buildings and improvements in strict conformity to the tendered site plan.
The city manager or a designated representative may accept a deferred improvement agreement, in a form approved by the city manager or designate, for installation of curbs, gutters, sidewalks, street paving, water and sewer lines and appurtenances, and stormwater detention, treatment, and drainage features and facilities, when the city manager or designate determines that a delay is appropriate prior to the commencement of construction of these improvements; and
3. The city manager or a designated representative finds that the building site is not subject to natural hazards such as flooding, falling rock, landslides, or mass movement, and that the building site is capable of accommodating the proposed structure without danger to users of the site or to the citizens of the city; and
4. If no street is contiguous to the property from which safe and convenient access and egress can be obtained for pedestrians and vehicular traffic, the applicant shall agree, if required by the city manager or a designated representative, to dedicate a street right-of-way and to construct improvements to adopted city standards as provided in subsection (A)(2)(a) of this section.
5. As to applications for site plan approval, if the site consists of more than one lot and any lot does not conform to the minimum access or lot requirements for the zone in which the lot is located, the owner shall agree that, prior to issuance of a building permit, or commencement of development if a building permit is not required, the owner will either:
a. Provide to the city a covenant that the lots comprising the site, unless subsequently partitioned or subdivided, will be treated as a single lot for all purposes of the municipal code and this title and that the lots comprising the site will not be sold separately; or
b. Reconfigure the lots comprising the site, in accord with the applicable legal procedures, so that all lots comprising the site will conform to the minimum lot and access requirements for the zone in which the lots are located.
B. Limitations on Infrastructure Requirements. If the applicant asserts that it cannot legally be required, as a condition of building permit or site plan approval, to provide easements or improvements at the level otherwise required by this section, then:
1. The building permit or site plan review application shall include a "rough proportionality" report, prepared by a qualified civil or traffic engineer, as appropriate, showing:
a. The estimated extent, on a quantitative basis, to which the improvements will be used by persons served by the building or development, whether the use is for safety or for convenience;
b. The estimated level, on a quantitative basis, of improvements needed to meet the estimated extent of use by persons served by the building or development;
c. The estimated impact, on a quantitative basis, of the building or development on the public infrastructure system of which the improvements will be a part;
d. The estimated level, on a quantitative basis, of improvements needed to mitigate the estimated impact on the public infrastructure system; and
2. The applicant shall, instead, be required to provide easements and improvements that are roughly proportional to what is needed for the safety or convenience of persons served by the building or development, plus those additional easements and improvements that are roughly proportional to what is needed to mitigate the impact of the building or development on the public infrastructure system of which the improvements will be a part, if the impacts are not fully mitigated by the easements and improvements needed for the safety or convenience of persons served by the building or development.
C. Easements and Improvements Deferred from Land Divisions. If a prior land division approval under Title 16 of the Municipal Code affecting the building or development site has deferred, until submission of a building permit or site plan review application, the definition of the level of easements or public infrastructure improvements required to be provided in relation to the land division, based on an assertion that the level of easements or improvements required cannot be defined until actual development is proposed for the divided land, then the owner shall provide with the application a report as described in subsection B of this section and, as a condition of application approval, shall be required to dedicate easements and provide public infrastructure improvements required under Title 16, to the extent the easements and improvements meet the standards set out in subsection (B)(2).
D. Appeals.
1. Any person aggrieved by that person’s inability to obtain a building permit pursuant to this section or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of this section may appeal, which appeal must be in writing and filed pursuant to Section 17.76.040 of this title.
2. Notwithstanding subsection (D)(1) of this section, decisions of the city manager, public works director, city engineer, or designated representative in the enforcement of deferred improvement agreements entered into under subsection (A)(2) of this section shall not be subject to appeal under Section 17.76.040.
E. Limitations to Issuance of Certificate of Occupancy. No certificate of occupancy shall be issued until the applicant has fulfilled all requirements of, and has executed the agreements required by, this section, and shall not be issued if there is any variance from the approved site plan.
F. Applicability. This section, except for subsection C and proceedings under this section related thereto, shall not apply to building permit applications for building on land subdivided pursuant to a final subdivision plat approved or subdivision exemption granted by the planning commission and/or city council after November 1, 1989. (Ord. 2000-06-A, §§ 2-8; Ord. 98-11 § 2; Ord. 91-1; Ord. 90-15; Ord. 84-2 § 4.300)
17.52.240 Site plan review.
A. Purpose. The purpose of site plan review is to establish a coordinated permit process to insure that new development is in compliance with the requirements of this title. The result of approval of a site plan is the issuance of a permit to the applicant to develop the site in accord with the site plan and any conditions of site plan approval without further review of the site plan for compliance with the provisions of this title. The issuance of a site plan review permit under this section, however, does not excuse a developer or owner from obtaining any other permits or approvals required by this title, by the Lincoln City Municipal Code, or by any other local, state, or federal law or authority applicable to the proposed development, including but not limited to city sign, tree cutting, grading, sedimentation prevention, erosion control, conditional use, planned unit development, and land division permits.
B. Site Plan Review Criteria. A site plan review application shall demonstrate that:
1. The proposed development will comply with all of the applicable requirements of this title; and
2. The arrangement of all buildings and structures, access points, parking and loading facilities, landscaping, lighting, walls, and fences, and stormwater detention, treatment, and drainage features and facilities, will avoid traffic congestion and will provide for pedestrian and vehicular safety and welfare.
C. Site Plan Review Officials. Site plan review officials shall include, but need not be limited to, the director, fire marshal, public works director, police chief, and parks and recreation director, or their designates. These officials shall have the opportunity to review, for compliance with the requirements of this title, the site plans for all proposed nonexempt new buildings, outdoor storage areas, and parking lots, and for the expansion of existing nonexempt buildings, outdoor storage areas, and parking lots, in those zones where site plan review is required.
D. Site Plan Review Required.
1. Except as provided in subsection (D)(2) of this section, site plan review is required before any building permit is issued authorizing development and before any outdoor storage area or parking lot development commences, in the R-M, PC, RC, GC, P1 and M-W zones, and before any nonresidential building permit is issued authorizing development and before any nonresidential storage area or parking lot development commences in any other zone.
2. The following development is exempt from site plan review:
a. Single-family and duplex dwellings.
b. Development involving only modifications to the interior of a structure.
c. Development meeting all of the following criteria:
i. The development involves either no expansion of an existing building or expansion of an existing building by eight hundred square feet or less; and
ii. The development does not affect on-site traffic circulation patterns; and
iii. The development adds less than three additional parking spaces.
E. Application. An application for site plan review shall include:
1. The application form established by the department in order to have the information, needed to demonstrate compliance with the requirements of this title, provided in a manner that will allow the site plan review officials to review the site plan in an organized and efficient manner;
2. The filing fee established by resolution of the city council; and
3. A site plan covering all lots on which development will occur or whose area is needed within the development in order to meet requirements of this title. The site plan shall be drawn to scale and shall indicate the following, where applicable:
a. Dimensions and orientation of the site; and lot lines of, and within, the site.
b. Locations of buildings and structures, both existing and proposed; and an identification of buildings and structures proposed to be removed.
c. Location and layout of off-street parking and loading facilities.
d. Location and points of entry and exit for motor vehicles, and the internal circulation pattern.
e. Location of walls and fences and an indication of their height and materials of construction.
f. Location and type of exterior lighting standards and devices.
g. Location of areas of required landscaping and areas of existing vegetation proposed to be retained.
h. Grading (excavations and fills), by plotting existing and proposed contours and existing and proposed stormwater detention, treatment, and drainage features and facilities.
i. The height of buildings and structures.
j. The proposed use of buildings and structures.
k. Location and dimensions of existing and required utility, drainage and sidewalk easements.
l. Location of required sidewalk, curb, gutter, and pavement improvements.
m. Location of existing and proposed water and sewer lines and facilities.
n. General location of proposed private utility lines.
o. If environmental assessments or reports are required by Chapter 17.48 of this title, the location of any riparian vegetation, significant wildlife habitat and major marshes, exceptional aesthetic resources and related natural vegetation cover, historic and archeological sites, natural hazards, and beaches and dunes that are subject to those sections.
4. Any environmental assessments or reports required by Chapter 17.48 of this title. If an application does not include the required environmental assessments or reports, the application shall be deemed not complete, but on the request of the applicant, site plan review officials may review and comment on the site plan on a preliminary basis.
5. Any other architectural, civil or traffic engineering, or other information required to permit findings that the development will comply with the provisions of this title.
6. If an expansion of an existing building, outdoor storage area, or parking lot is proposed, the site plan shall indicate the relationship of the proposed expansion to the existing development but need not include other data required in subsection D of this section, except as necessary to permit findings that the expanded development will comply with the provisions of this title.
7. If an applicant intends to assert that it cannot legally be required, as a condition of site plan approval, to provide easements and improvements at the level otherwise required by Section 17.52.230, the application shall include the report described in Section 17.52.230(B).
F. Notice of Receipt of Application.
1. After receipt of a site plan application, the department shall provide written notice of the application to:
a. Owners of property within two hundred fifty feet of the site for which the application is submitted. The list of property owners shall be compiled from the most recent property tax assessment roll.
b. Any neighborhood association recognized by the city whose boundaries include the site.
2. The written notices of the application shall include the following information:
a. The date, time, and place where comments are due, if a person wishes to have the comments considered during the site plan review process. The due date shall be at least fourteen days after the date of the notice.
b. A statement that the criteria governing the site plan review decision are those requirements of this ordinance that are applicable to the particular development being proposed.
c. The street address or another easily understood geographical reference to the site.
d. A statement that the site plan review application and any other file materials are available for review at the department and that copies can be obtained at cost.
e. The name and phone number of a department contact person.
3. The written notice shall state that if tenants or lessees reside at the property, the city requests that the owner provide a copy of the notice to each tenant or lessee. The failure of an owner to honor this request shall not constitute a violation of this subsection.
G. Determination of Completeness. Not later than thirty days after the initial filing of the application, the site plan review officials shall have an initial opportunity to review the site plan review application. If the director determines following the initial review:
1. That the application is complete, then, not sooner than the due date for comments set out in the written notice of the application, the site plan review officials may proceed immediately to complete their review of the application.
2. That the application is not complete, then not later than thirty days after the initial filing of the application, the department shall give written notice to the applicant that the application is not complete. The notice shall specify what information is missing, shall give the applicant the opportunity to submit the missing information, and shall indicate a date on and after which the city may proceed to complete its review of the application, with or without the missing information.
H. Review and Decision.
1. After the director has determined that the initial application is complete under subsection (G)(1) of this section, or on or after the date indicated to the applicant under subsection (G)(2) of this section, whichever is applicable, the director shall request that the site plan review officials review the application and any written comments received during the comment period; and that the officials provide their written comments and recommendations on the application to the director not later than the time set by the director for further consideration of the application.
2. Site plan review officials wishing to provide comments and recommendations on the application shall provide written comments and recommendations to the director not later than the time set by the director for further consideration of the application.
3. In reviewing the application and comments received during the comment period, and in making comments and recommendations on the application, site plan review officials shall base their review, and any resulting formal comments and recommendations, on whether the development will comply with the requirements of this title. Site plan review officials also may submit additional informal comments and recommendations that they wish to be provided to the applicant for informational purposes only.
4. On or after the time set by the director for further consideration of the application, after considering the application, comments received during the comment period, and comments and recommendations received from site plan review officials, the director shall prepare a written decision taking one of the following actions:
a. If the director finds that the development, as described in the application, will comply with all of the requirements of this title, the director shall approve the application.
b. If the director does not find that the development, as described in the application, will comply with all of the requirements of this title, the director, in the director’s discretion, shall either:
i. Disapprove the application; or
ii. Approve the application, subject to such conditions as are necessary so that the development, as conditioned, will comply with all of the requirements of this title. The director’s decision shall identify each requirement of this title that is applicable to the site plan under review; shall include any findings that are necessary to a determination of whether the site plan complies with the requirement; shall state a conclusion, based on the findings, as to whether the site plan complies with the requirement and, if not self evident, the basis for the conclusion; and, if the decision is to approve the site plan subject to conditions, shall state any findings, conclusions, and basis for conclusions, to demonstrate that compliance with the conditions is necessary in order for the site plan to comply with the requirements of this title.
5. During review of a site plan application, an applicant may revise the site plan under consideration provided that the applicant, if required by the director as a condition to revision, signs a written statement in a form approved by the director agreeing that the one hundred twenty-day period provided for in ORS 227.178 shall commence from the date the revision is filed with the department.
6. If a condition of approval of a site plan requires a future submittal to be filed for deferred or refined site plan review in relation to the development, then review of the future submittal shall be made pursuant to the procedures set out in this section for approval of the site plan itself, except that the review shall be limited to determining only whether the submittal complies with the requirements of this title applicable to the submittal.
7. A decision of the director under subsection (H)(4) of this section may include, but is not required to include, informal advice to the applicant about other permits or requirements of this title, of the Lincoln City Municipal Code, or of any other local, state, or federal law or authority that are or may be applicable to the proposed development but that are outside the scope of site plan review.
I. Notice of Decision. On approval, approval with conditions, or disapproval of a site plan review application under subsection (H)(4) of this section, the director shall publish, at the applicant’s expense, notice of the action in a newspaper of general circulation in the city. In addition, the director shall provide written notice of the decision to:
1. The applicant;
2. Owners of property within two hundred fifty feet of the site for which the application is submitted. The list of property owners shall be compiled from the most recent property tax assessment roll;
3. Any neighborhood association recognized by the city whose boundaries include the site; and
4. Any person who submitted written comments during the comment period.
The notices provided shall include an explanation of the means for appealing the action taken. In addition, the notices shall state that if tenants or lessees reside at the property, the city requests that the owner provide a copy of the notice to each tenant or lessee. The failure of an owner to honor this request shall not constitute a violation of this subsection.
J. Appeals. The applicant or any interested person may appeal a decision of the director under subsection (H)(4) of this section. The appeal shall be filed within ten days of the mailing of the decision and must be filed in the manner set out in Section 17.76.040. The filing of an appeal of a site plan approval shall suspend any building permit issued based on the approval until the city appeal body, whether the commission or the city council, has decided the appeal.
K. Revisions to Approved Site Plans.
1. Major revisions proposed by the applicant to an approved site plan shall be made only pursuant to the procedures set out in this section for approval of the site plan itself. A major revision is a revision which:
a. Increases the density of development;
b. Enlarges any structure on the site by more than eight hundred square feet, or enlarges the area of the site;
c. Changes vehicular or pedestrian access to, or circulation patterns on, the site; or
d. Changes the location of, or amount of land devoted to, a specific use on the site.
2. Where a required site plan approval for a development has been granted, it shall be unlawful for any person to cause or permit the construction, alteration, improvement, or use of the development in any manner except in compliance with the approved site plan, subject to any lawfully made non-major revisions.
L. Public Infrastructure Improvements Agreements.
1. If all the public infrastructure improvements required to be provided as part of a site plan approval have not been satisfactorily completed prior to application for issuance of a certificate of occupancy or prior to a proposed commencement of use, and if the city manager or a designated representative determines that a delay in completion of the improvements is appropriate, then the city manager or delegate may require, as a condition of such issuance or use, an improvement agreement signed by the owner, in a form satisfactory to the public works director. An improvement agreement shall:
a. Identify all public infrastructure improvements remaining to be completed and establish a time period within which the owner shall complete the improvements;
b. Provide that if the owner does not complete the identified improvements within the established time period, then the city may complete the improvements and recover the full cost and expense of completion from the owner;
c. Require the owner to reimburse the city for all costs of inspection by the city engineer of the public infrastructure improvements;
d. Require the owner to hold harmless, defend, and indemnify the city and its mayor and council members, officers, boards, commissioners, and employees from claims of any nature arising or resulting from the performance of any acts required to be done by the owner under the agreement;
e. Require the city to tentatively accept the public infrastructure improvements and the easements in which they are located at such time as the city engineer determines that the owner has fully complied with all terms and conditions of the improvement agreement related to the improvements and easements; and to finally accept the improvements and easements on satisfactory completion, as determined by the city engineer, of the one-year warranty period required under subsection (L)(3) of this section.
2. An owner entering into an improvement agreement under subsection (L)(1) of this section shall file with the city, as a condition to city acceptance of the agreement, financial security to assure the full and faithful performance of the agreement by the owner. The financial security shall be in an amount equal to one hundred ten percent of the applicant’s estimated cost to complete the public infrastructure improvements, as approved by the city engineer, which amount shall be subject to reduction from time to time in the sole discretion of the city engineer as satisfactory construction of the public infrastructure improvements is completed.
3. At the time the owner completes construction of public infrastructure improvements required as part of a site plan approval, whether constructed prior to occupancy or use of the site or pursuant to an improvement agreement, as a condition of tentative acceptance of the improvements by the city, the owner shall warrant the materials and workmanship of the improvements for a period of one year from the date of tentative acceptance and shall provide financial security for the warranty in the amount of twenty percent of the applicant’s estimated cost to construct the public infrastructure improvements, as approved by the city engineer.
4. The financial security required under subsections (L)(2) and (3) of this section shall be in a form approved by the public works director and may be one or more of the following:
a. A surety bond executed by a surety company authorized to transact business in the state of Oregon;
b. Cash; or
c. An irrevocable standby letter of credit or similar financial security instrument.
5. Decisions of the city manager, city engineer, or designated representatives in the enforcement of agreements entered into under this subsection shall not be subject to appeal under Section 17.76.040.
M. Time Limitations.
1. A site plan approval shall become void on the thirty-first day after approval unless the applicant and owner, within thirty days after approval, sign and file with the department an acceptance of the approval in the standard form provided by the director. The director may extend the time for signing the acceptance for good cause, whether before or after expiration of the thirty-day period. The signing of an acceptance shall not waive any appeal rights of the applicant or owner, but merely shall acknowledge that, unless the approval is revised on appeal, the development must conform to all of the terms and conditions of the approval.
2. A site plan approval shall become void two years after approval unless within that time construction of the approved development has been commenced and thereafter diligently pursued toward completion. The director may extend a site plan approval for an additional period of one year and, if an extension is applied for, shall extend the approval, unless there have been changes in the applicable criteria or in circumstances relevant to the site that would justify re-review of the site plan in relation to the applicable criteria. No more than one extension may be granted.
3. Decisions of the director on whether to approve extensions under this subsection shall not be subject to appeal under Section 17.76.040. (Ord. 98-11 § 1: Ord. 97-10 §§ 1, 2; Ord. 95-15; Ord. 93-3; Ord. 91-7; Ord. 84-2 § 4.310)
17.52.250 Standards for manufactured homes in residential zones.
All manufactured homes on individual lots in the R-1 and R-M zones shall:
A. Be multi-sectional (double-wide or wider) and enclose a floor area of not less than one thousand square feet;
B. Have a backfill style foundation or skirting of pressure treated wood, masonry, or continuous concrete footing wall construction, complying with the minimum set-up standards of the adopted state Administrative Rules for Manufactured Dwellings, Chapter 918;
C. Have a roof with nominal pitch of three feet in height for each twelve feet of width;
D. Be certified by the manufacturer to have exterior thermal envelopes meeting the performance standards specified in state law for single-family dwellings constructed under the state building code;
E. Not have bare metal siding or roofing; and
F. Not be sited adjacent to any structure listed on the Register of Historic Landmarks and Districts. (Ord. 95-19; Ord. 94-15; Ord. 91-4; Ord. 84-2 § 4.320)
17.52.260 Standards for attached single-family dwellings and attached housing developments.
A. There are no minimum lot, area or setback standards for individual lots in an attached housing development, provided that the attached housing development as a whole meets the density, parking, height and landscaping requirements for the underlying zone.
B. Perimeter Yard Requirements. The front, street side, side and rear yards around the perimeter of an attached housing development are those of the underlying zone.
C. Land Coverage. The maximum land coverage by buildings and structures for an attached housing development shall not exceed forty-five percent of the total land area.
D. Special yards and distances between buildings shall be provided as follows:
1. The distance between a principal building and any accessory building shall be a minimum of ten feet.
2. An inner court providing access to double row dwelling groups shall be a minimum of twenty feet in width.
3. The distance between principal buildings shall be at least one-half the sum of the height of both buildings, provided, however, that in no case shall the distance be less than fifteen feet. This requirement shall also apply to portions of the same building separated from each other by a court or other open space.
4. The supplementary regulations and exceptions provisions of this chapter relating to yard requirements may also be applicable.
E. Maximum Building Height. Maximum building height shall be thirty-five feet except as provided in Section 17.52.200.
F. Recreation Area. A minimum of two hundred fifty square feet of recreation area shall be provided for each living unit. The recreation area may be in one or more locations in the attached housing development. Recreation buildings may be considered as part of these requirements.
G. Storage area. Storage space (for boats, campers, etc.) shall be provided at the rate of one ten-foot by twenty-foot space in size for every four living units. Adequate maneuvering room shall be provided; storage space shall be fenced with a six-foot high sight obscuring fence, hedge or wall.
H. Restrictions. No development of attached single-family dwellings or attached housing developments may occur unless all city services (sewer and water) are available to serve such development.
I. Design Features. All attached single-family dwellings shall utilize at least two of the following design features to provide visual relief along the front of the dwelling:
1. Dormers;
2. Gables;
3. Recessed entries;
4. Covered porch entries;
5. Cupolas;
6. Pillars or posts;
7. Bay or bow windows;
8. Eaves (minimum six inches projection);
9. Off-sets on building face or roof (minimum sixteen inches). (Ord. 94-12; Ord. 84-2 § 4.330)
17.52.270 Wireless communications facilities.
A. Purpose. The purpose of this section is to protect the health, safety, and general welfare of the community while accommodating the communication needs of residents and businesses through facilitating the provision of wireless telecommunication services to the residents and businesses of the city, minimizing adverse visual effects of towers through careful design and siting standards, avoiding potential damage to adjacent properties from tower failure through structural standards and setback requirements, providing mechanisms for the mitigation of tower proliferation through tower sharing requirements for all new tower applicants and those existing towers that are physically capable of sharing.
B. Siting Preferences. Wireless communications facilities shall be sited in accordance with the following priorities, in order of their preference:
1. Co-location by placement of antennas or other transmission and reception devices on an existing tower, building, or other structure, such as a utility pole, water tank, or similar structure;
2. Use of mini-cell or other similar alternate technology whereby transmission and reception devices are placed on existing structures or placed on new structures that are consistent in height with and situated similarly to types normally found in the surrounding area, such as telephone, electrical, or light poles;
3. Siting of a new tower in a visually subordinate manner. In this context, "visually subordinate" refers to the relative visibility of a wireless communication facility where that facility does not noticeably contrast with the surrounding landscape. Visually subordinate facilities may be partially visible, but not visually dominant in relation to their surroundings.
4. Siting of a new tower in a visually dominant location, but employing concealment technology. In this context, "concealment technology" means technology through which a wireless communication facility is designed to resemble an object present in the natural environment or to resemble a building of a type typically and customarily found in the area.
5. Siting of a new tower in a visually dominant location, not employing concealment technology.
C. Standards. All commercial wireless communication facilities shall comply with the following requirements:
1. The maximum height shall be eighty feet.
2. Commercial wireless telecommunication service towers shall be of a monopole design unless the Planning Commission determines that an alternative design would better blend in to the surrounding environment.
3. The proposed facilities must not exceed or cause other facilities to exceed federal radio frequency emission standards or American National Standards Institute standards, whichever is stricter.
4. The proposed facilities must meet manufacturer’s specifications and plans must be certified by an engineer licensed in the State of Oregon.
5. The proposed facilities must meet the requirements of the Uniform Building Code and/or the Oregon Structural Specialty Code, including but not limited to the requirements relating to seismic and wind loads, and must be engineered so that, in the event it falls, the proposed facilities will collapse only within the property lines of the lot on which they are located.
6. The proposed facilities must meet the standards contained in the American National Standards Institute "Structural Standards for Steel Antenna Tower and Steel Supporting Structures" (ANSI EIA/TIA 222 E-1996).
7. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
8. Wireless communication facilities shall not be illuminated by artificial means and shall not display any lighting other than such lighting as is specifically required by the Federal Aviation Administration or the Oregon Department of Aviation. Flashing strobe lighting is not allowed. If flashing strobe lighting otherwise would be required by the Federal Aviation Administration or the Oregon Department of Aviation, the tower height must be reduced to a level at which flashing strobe lighting is not required.
9. Any lighting placed on a wireless communication facility pursuant to a requirement of the Federal Aviation Administration (FAA) or the Oregon Department of Aviation (ODA) may not exceed the minimum required. Prior to the issuance of a building permit, the applicant must submit documentation from the appropriate agency (i.e. the FAA or the ODA) that the lighting is the minimum required. Any required aviation lighting must be shielded to the maximum extent allowed by the Federal Aviation Administration or the Oregon Department of Aviation.
10. A commercial wireless communication facility shall be designed, structurally, electrically, and in all other respects, to accommodate antennas for at least three users, and must be designed to allow for future rearrangement antennas upon the tower and to accept antennas mounted at varying heights.
11. A finish (paint/surface) must be provided for the wireless communication facility that reduces the visibility of the facility, including the antenna arrays. In most circumstances this condition may be satisfied by painting the tower and antenna arrays with flat light haze gray paint. If the tower is unpainted it must be of a single color throughout its height. The owner must maintain the finish, painted or unpainted, so that no discoloration is allowed to occur.
12. Red and white or orange and white tower finish is not allowed. If red and white or orange and white tower finish would be required by the Federal Aviation Administration or the Oregon Department of Aviation, the tower height must be reduced to a level at which a red and white or orange and white tower finish is not required.
13. The use of any portion of a wireless communication facility for signs other than warning or equipment information signs is prohibited.
14. Wireless communication facilities, including any modifications to them, must not cause any interference with normal radio and television reception in the surrounding area nor with any public safety agency or organization (including but not limited to police, fire, ambulance, and Coast Guard) radio transmissions. The owner shall bear the costs of immediately eliminating any such interference should any occur, or must immediately shut down the antennas or other equipment or parts of the facility causing the interference.
15. The owner of the wireless communication facility may not deny a wireless provider the ability to co-locate on its wireless communication facility at a fair market rate or at another cost basis agreed to by the affected parties.
16. The wireless communication facility must be removed from the site if no facility on the tower has been in use for more than six months.
D. Application. In addition to the information required elsewhere in this ordinance, development applications for wireless communications facilities shall include the following supplemental information:
1. A report from a qualified and licensed professional engineer which:
a. Describes the tower height and design, including a cross section and elevation;
b. Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
c. Describes the tower’s structural capacity to carry the antennas of at least three wireless carriers, including the number and type of antennas that it can accommodate;
d. Documents what steps the applicant will take to avoid interference with normal radio and television reception in the surrounding area and with any public safety agency or organization (including but not limited to police, fire, ambulance, and Coast Guard) radio transmissions and telecommu-nications;
e. Includes an engineer’s stamp and registration number;
f. Documents that the proposed facilities will not exceed or cause other facilities to exceed federal radio frequency emission standards or American National Standards Institute standards, whichever is stricter;
g. Includes elevations showing all facades, indicating exterior materials and color of the tower(s) on the proposed site; and
h. Includes other information necessary to evaluate the request.
2. For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and the owner’s successors to allow the shared use of the tower, if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
3. Applicants proposing the siting of wireless communication facilities through means other than co-location shall demonstrate why higher priority alternatives for providing the specific, proposed wireless service are not feasible. In this context, "not feasible" means that the proposed wireless communication service cannot be proved in a reasonable, practicable, and cost effective manner. Factors that may render an alternative not feasible may include:
a. Existing buildings or towers are structurally inadequate to accommodate the proposed facility, and cannot reasonably be retrofitted;
b. The alternative would cause radio frequency interference that would materially impair the functioning of existing or planned equipment at the tower or site, and such interference cannot reasonably be mitigated;
c. The alternative cannot provide the radio frequency coverage required to provide the proposed service;
d. The alternative is precluded by law, rule, regulation, contract, or other legal authority.
4. At least two photo-simulations of the proposed tower, from different points of view and distances from the proposed tower.
5. Before the issuance of a building permit, the following supplemental information shall be submitted:
a. A copy of the FAA’s response to the submitted "Notice of Proposed Construction or Alteration" (FAA Form 7460-1);
b. Proof of compliance with applicable Federal Communications Commission regulations; and,
c. A report from a qualified and licensed professional engineer which demonstrates the tower’s compliance with the Uniform Building Code and/or the Oregon Structural Specialty Code, including but not limited to the requirements relating to seismic and wind loads, and that in the event it falls the tower will collapse only within the property lines of the lot on which it is located.
d. A report from a qualified and licensed professional engineer which demonstrates that the tower meets the standards contained in the American National Standards Institute "Structural Standards for Steel Antenna Tower and Steel Supporting Structures" (ANSI EIA/TIA 222 E-1996).
E. Notice. When mailed notice of a public hearing or an administrative action relating to a wireless communication facility is required by Section 17.60.040, such notice shall be sent to the applicant and to owners of record of property on the most recent property tax assessment roll where such property is located within two hundred fifty feet from the exterior boundary of the subject property.
F. Administrative Approval of Co-location Application. If an applicant wishes to co-locate by placing antennas or other transmission and reception devices on an existing tower, building, or other structure, the Director may approve the co-location application, or approve it with conditions.
G. Planning Commission Action. In addition to the findings required by Chapter 17.60, in order to grant approval, or approval with conditions, of a conditional use permit for a wireless communications facility, the planning commission must find, based upon evidence provided by the applicant, that:
1. For applications proposing the siting of wireless communication facilities through means other than co-location, that higher priority alternatives for providing the specific, proposed wireless service are not feasible;
2. The proposed facility/tower will not unreasonably interfere with the view from any public park, natural scenic vista, historic building or district, or significant aesthetic resource;
3. The height and mass of the facility/tower does not exceed that which is essential for its intended use and public safety.
4. The owner of the wireless communication facility has agreed to permit other persons/providers to attach antennas or other communications apparatus that do not interfere with the primary purpose of the facility.
5. The proposed facility/tower is not to be constructed in such a manner as to result in needless height or mass.
6. The finish of the proposed facility/tower will be of a tone or color that minimizes the tower’s visual impact. (Ord. 2003-08 § 1)