HomeMy WebLinkAbout11122024 CAC Agenda PacketCITIZENS ADVISORY COMMITTEE
MEETING
AGENDA
November 12, 2024
6:00 PM
Central Point City Hall, Council Chambers
140 S 3rd St, Central Point, OR
www.centralpointoregon.gov
10. Meeting Called to Order
20. Roll Call
30. Approval of Minutes
A. April 9, 2024 Meeting Minutes
40. Public Appearances
50. Business
A. Land Development Code Amendments (File No. ZC-24001)
Stephanie Powers, Planning Director
60. Discussion Items
70. Miscellaneous
80. Committee Member Reports
90. Adjournment
Individuals needing special accommodations such as sign language, foreign
language interpreters or equipment for the hearing impaired must request such
services at least 72 hours prior to the City Council meeting. To make your request,
please contact the City Recorder at 541-423-1015 (voice), or by e-mail to
rachel.neuenschwander@centralpointoregon.gov. Si necesita traductor en espanol
o serviciis de discapacidades (ADA) para asistir a una junta publica de la caudad
poor favor llame con 72 hora de anticipation al 541-664-3321 ext. 201.
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CITIZEN’S ADVISORY COMMITTEE
MEETING MINUTES
April 9, 2024 – 6:00:PM
MEETING CALLED TO ORDER AT 6:03 P.M.
I. ROLL CALL
Present: Kristy Painter (chair), Royce Chambers, Pam Allister were present
Also in attendance: Planning Director Stephanie Powers, Community Planner Justin Gindlesperger and
Planning Secretary Karin Skelton
City Council Liaison Mike Parsons was counted as a participant to make a quorum.
II. MINUTES
Royce Chambers made a motion to approve the January 16, 2024 minutes. Pam Allister seconded.
Minutes were approved.
III. CORRESPONDENCE
None
IV. PUBLIC APPERARANCES
None
V. BUSINESS
VI. DISCUSSION
A. Mobile Food Business Code Amendments
Community Planner Justin Gindlesperger gave an overview of the creation of the code
governing Mobile Food Vendors within the City. He reviewed the different types of vendor classifications
and the basis for development of the code.
Planning Director Stephanie Powers reviewed the current code standards and the
proposed changes. She reviewed situations that seemed to be working well and some that needed
addressing. She went over the application and permitting process including location and
operational standards.
The Committee discussed seating area shelters, flashing lights, electronic signage, flags
and location of trucks within the Right-of-Way. They discussed expanding the zones where they
would be allowed. The discussed the definitions section and their general impression of the various
Mobile Food Vendors in the City. They were in favor of the amendments, and thought Food Trucks
should be encouraged but agreed that monitoring and enforcement of the code were key to
assuring smooth operation.
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Citizens Advisory Committee
April 9, 2024
Page 2
B. Land Development Code Update
Ms. Powers explained the Land Development Code updates. She explained the state’s
requirement for a Climate Friendly Area (CFA) to be identified. She reviewed the City’s selected
location for the CFA, the timeline and next steps for the designation. She said the State was also
requiring changes for missing middle housing and pre-fabricated and modular housing.
Ms. Powers gave an overview of current development projects.
ADJOURNMENT
The foregoing minutes of the April 9, 2024 Citizens Advisory Committee were approved by the Citizens
Advisory Committee at its meeting on ___________.
____________________________
Kristy Painter, Chair
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Staff Report DEPARTMENT: Planning MEETING DATE: November 12, 2024
STAFF CONTACT: Stephanie Powers, Planning Director
SUBJECT: Land Development Code Amendments (File No. ZC-24001)
SUMMARY AND BACKGROUND:
On April 2, 2024, staff presented a series of code updates needed to advance the
community’s vision, goals and policies while also coming into compliance with state
statutes and rules. At that time, the Citizen’s Advisory Committee reviewed draft
changes to the following city-driven code chapters:
• CPMC 17.04 – General Provisions
• CPMC 17.05 – Applications and Development Review Procedures
• CPMC 17.11 – Code Interpretations and Similar Use Authorizations
• CPMC 17.12 – Zoning District Establishment
• CPMC 17.13 – Adjustments and Variances
• CPMC 17.56 – Nonconforming Situations
• CPMC 16.44 – Property Line Adjustments.
The CAC made recommendations on the preliminary code concepts at that time that
have been incorporated into the revised draft. Since that time, additional changes have
been made to update annexation procedures and requirements, establish procedures
and requirements for replays and property line adjustments, clarify home occupation
permit requirements, revise fence standards and establish approval criteria for
conditional use permits, adjustments and variances and nonconforming situations
(Attachment 1).
The objective of this round of code amendments is to establish a clearer, user-friendly
regulatory framework for land development in the City. Future code amendments will
establish regulations to accomplish the following:
• Designate the City’s first Climate Friendly Area (CFA);
• Update and revise public improvement standards, including walkability;
• Update procedures and requirements for land division tentative plans, final plats and
middle housing land divisions; and,
• Consolidate and revise residential land use and development standards.
At the November 12, 2024 CAC meeting, staff will present the revised code concepts,
seek input and a recommendation to the City Council to approve, approve with
revisions or deny the proposed code amendments. Following this discussion, staff will
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present the next steps and opportunities for public participation in the decision-making
process
ATTACHMENTS/EXHIBITS:
1. Land Development Code Amendments (CAC Draft)
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Attachment 1
Land Development Code Amendments (CAC Draft)
File No. ZC-24001
November 12, 2024
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Title 1 – General Provisions
Summary: Repeal Chapter 1.20, Annexations which is out of date and not consistent
with how the City has processed annexations for several years. Annexation procedures
and requirements will be added to Title 17 in a new Chapter 17.94.
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Chapter 1.20
ANNEXATION PROCEDURE
Sections:
1.20.010 Generally.
1.20.011 Application and review.
1.20.020 Preliminary plat requirements.
1.20.030 Legal description.
1.20.040 Annexation proposal fee.
1.20.050 Final plat.
1.20.060 Waiver of fees.
1.20.010 Generally.
All proposals for annexation of real property to the city under the provisions of Oregon
Revised Statutes 222.111 to 222.180, now in effect or as hereafter amended, shall be
accompanied by a preliminary plat, an exterior boundary legal description and
the annexation fee as in this chapter provided. (Ord. 1166 §1, 1974).
1.20.011 Application and review.
Applications and review thereof shall conform to the provisions of Chapter 17.05 of the
Central Point Municipal Code and all applicable laws of the state. Applications
for annexation may be accompanied by other, concurrent applications, for amendment
to the comprehensive plan, amendments to the zoning map and requests for withdrawal
from special districts, provided that such concurrent applications meet all requirements
therefor. (Ord. 1368 §2, 1979).
1.20.020 Preliminary plat requirements.
Plats submitted as part of proposals for annexation shall be made on paper that is
eighteen inches by twenty-four inches in size. Plats shall be drawn to the following
standards and provide information as follows:
A. All plats shall be drawn in any of the following scales:
one inch equals twenty feet;
one inch equals fifty feet;
one inch equals one hundred feet;
one inch equals two hundred feet.
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B. A title block shall be shown in the lower right hand corner displaying the name of the
engineer, surveyor or other person who prepared such plat, the date and the names of
owners proposing such annexation.
C. Plats shall clearly and legibly show existing boundary lines of the city adjacent to
such annexation together with names of streets and such other information as will
clearly identify the relationship of the area proposed to be annexed to the existing
boundaries of the city.
D. The exterior boundary of the area proposed to be annexed shall be clearly and
legibly shown.
E. The code number, account number and tax lot number as shown on the official
records of the Jackson County tax assessor for each parcel of real property or portion
thereof within the area proposed to be annexed shall be clearly shown together with the
name of the owner of record and the name of any contract purchasers under any
contract or memorandum thereof filed in the official records of Jackson County.
F. If any public roads are included within the areas to be annexed, they shall be clearly
shown. (Ord. 1166 §2, 1974).
1.20.030 Legal description.
A narrative legal description of the exterior boundary of the area to be annexed shall be
submitted with each proposal for annexation. (Ord. 1166 §3, 1974).
1.20.040 Annexation proposal fee.
Each proposal for annexation shall be accompanied by a fee defined in the city’s
adopted planning application fee schedule. In the event the city is required to incur
expenses in processing the proposed annexation, including the cost of payroll,
materials and services incurred therein, which expenses shall exceed the adopted fee,
payment to the city of such expenses in excess of the adopted fee shall be a condition
of final acceptance of such annexation by the city. (Ord. 1786 §2, 1998; Ord. 1684 §1,
1993; Ord. 1391 §1, 1980; Ord. 1166 §4, 1974).
1.20.050 Final plat.
Annexations approved by the council will be conditioned upon filing a final plat with the
city recorder. Final plats shall be drawn with black ink upon mylar film or other material
approved by the city recorder that has similar characteristics of strength and
permanency suitable for binding and copying purposes. Final plats shall be of the same
size and contain the same information as required for preliminary plats in
Section 1.20.020. (Ord. 1166 §5, 1974).
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1.20.060 Waiver of fees.
The council may waive payment of fees at its discretion. (Ord. 1166 §6, 1974).
17.12.060 Zoning of annexed area.
All future annexations are expected to include only lands within the city’s urban growth
boundary (UGB). The comprehensive plan of Central Point includes a plan for future
land uses within the UGB area. The zoning map described in Section 17.12.030 is
consistent with the comprehensive plan and will determine the district into which a
newly annexed area is placed. The appropriate zoning district shall be applied to the
area upon annexation. (Ord. 1615 §5, 1989; Ord. 1436 §2(part), 1981).
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CPMC 17.94, Annexation
Sections:
17.94.010 Purpose and Applicability
17.94.020 Application Process and Submittal Requirements
17.94.030 Approval Criteria
17.94.040 Zoning of Annexed Areas
17.94.050 Annexation of Territory Surrounded by the City
17.94.010 Purpose and Applicability
Annexation is the action taken to incorporate land into the city. Under State law,
land may be annexed to the city only if it is within the Urban Growth Boundary,
and is contiguous to the city limits. Applications for annexation may be
accompanied by other, concurrent applications, for amendment to the
comprehensive plan, amendments to the zoning map and requests for withdrawal
from special districts, provided that such concurrent applications meet all
requirements therefor.
CPMC 17.94.020 Application Process and Submittal Requirements
A.Application for Annexation. Except for the annexation of unincorporated
territory surrounded by the city as provided in CPMC 17.94.050 below,
applications for annexation shall include all of the requirements listed in
Subsection (C) below, and be subject to the provisions of
ORS 222.111to 222.180 (Authority and Procedures for Annexation) or 222.840
to 222.915 (Health Hazard Abatement Law).
B.Public Hearing for Annexation. A public hearing shall be held prior to the
Council’s adoption of an ordinance for annexation. The City shall publish
notice of the public hearing once each week for two successive weeks prior to
the day of hearing, in a newspaper of general circulation in the city, and shall
post notices of the hearing in at least four public places in the city for a like
period.
1. Exception: A public hearing is not required when all of the owners of
land in the unincorporated territory and not less than 50 percent of the
electors, if any, residing in the territory consent in writing to
the annexation of the land in the territory, and file a statement of their
consent with the Council per ORS 222.125.
C. Submittal Requirements. An application for annexation shall contain the
following information:
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1. Vicinity Map drawn at a scale of 1" = 1,000' identifying the proposed
area of annexation and existing city limits.
2.Assessor's Maps of the proposed annexation area. The assessor's maps
shall have identified those parcels for which consents to annex have
been acquired and adjacent right-of-way to be annexed.
3. Consent to annex forms completed and signed by all consenting
property owners within the proposed annexation area.
4. Legal metes and bounds or lot and block description of
the annexation area. Prior to submittal of the Annexation application,
the applicant shall consult with the Public Works Department on the
extent of any adjacent right-of-way that is to be included in the legal
description. All legal descriptions shall be reviewed and approved by
the Public Works Department prior to submittal of
the Annexation application.
5. Specific information on each parcel within the
proposed annexation area:
a. Current assessed valuation shown on County Assessor's tax
rolls.
b. Acreage of both public and private property, and public right-
of-way to be annexed.
c. Map and tax lot number.
6. Addresses of all dwelling units and businesses located within the
annexation area and names of all residents and whether they are
registered voters.
7. The following additional information shall also be supplied by the
applicant:
a. Existing land uses within annexation area.
b. Existing zoning within the annexation area.
c. Existing improvements such as:
i. water system
ii. streets
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iii. sanitary sewer
iv. storm drainage
d. Special Districts within the area, such as:
i. water district
ii. irrigation district
iii. fire district
iv. school district
v. Rogue Valley Sewer Services
vi. other
e. Written findings indicating compliance with all of the applicable
requirements of this chapter and the criteria contained in Section 17.94.030.
8. Property owners' names, addresses and map and tax lot numbers within
200 feet of the subject site, typed on mailing labels.
9. Payment of the application fee(s).
CPMC 17.94.030 Approval Criteria
The City Council must find that the following requirements are met in order to
approve an annexation:
1. The land is within the City’s Urban Growth Boundary;
2. The land is contiguous to the current city limits;
3. The land is zoned in accordance with CPMC 17.94.040; and,
4. Unless the land being considered for annexation is enclaved by the City or
the City chooses to hold an election, a majority of the land owners and/or
electors have consented in writing to the annexation per ORS 222.125 or
ORS 222.170.
CPMC 17.94.040 Zoning of Annexed Property
The comprehensive plan of Central Point includes a plan for future land uses
within the UGB area. The zoning map described in Section 17.12.030 is consistent
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with the comprehensive plan and will control the district into which a newly
annexed area is placed. The appropriate zoning district shall be applied to the
area upon annexation if pre-designated pursuant to the zoning map. If no zoning
district has been designated on the zoning map, the applicant shall submit a Zone
Map Amendment application in accordance with the requirements in CPMC 17.10
concurrent with the annexation application.
CPMC 17.94.050 Annexation of Territory Surrounded by the City.
A. As authorized in ORS 222.750, the City Council may, by ordinance, annex
territory surrounded by the corporate boundaries of Central Point with or
without the consent of any owner of property within the territory or resident of
the territory.
B. Such annexation may be initiated at the request of the Planning Department or
City Council and shall not be subject to the requirements of Chapters 17.05
and 17.94.020 through 17.94.030.
C. A public hearing shall be held prior to the Council’s adoption of an ordinance
for annexation.
D. No later than 20 days prior to the public hearing, notification shall be mailed to
all owners of property within the area proposed for annexation.
E. For property that is zoned for, and in, residential use when annexation is
initiated by the City, the City shall specify an effective date for
the annexation that is at least three years and not more than 10 years after the
date the City proclaims the annexation approved.
F. Cause notice of the delayed annexation to be recorded by the county clerk of
the county in which any part of the territory subject to delayed annexation is
located within 60 days after the city proclaims the annexation approved.
G.The City shall notify the Jackson County Clerk of the territory subject to
delayed annexation not sooner than 120 days and not later than 90 days
before the annexation takes effect.
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Title 16 – Subdivisions Land
Divisions
Summary: Revise and clarify the background, purpose and applicability of the
provisions for land divisions. Recognizes the division land and arrangement of property
as the first step in establishing the community’s development pattern or urban form.
States the application of a two-step process for partitions and subdivisions and notes
that the Title provides standards and procedures for replats, property line adjustments
and middle housing and expedited land divisions.
Update the definitions to align with the definitions in ORS 92. Add chapters addressing
Middle Housing and Expedited Land Divisions, Replats and Property Line Adjustments.
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CPMC 16.04, General Provisions
Sections:
16.04.005 Background
16.04.010 Scope of regulations. Purpose
16.04.020 Design standards and principles of acceptability. Applicability
16.04.005 Background
The division of land and arrangement of property boundaries is the first step
toward establishing a community’s development pattern. Before any unit of land
can be created by recording a subdivision or partition plat, the City must approve
a tentative plan and final plat. This Title sets forth the standards and procedures
that apply to tentative and final plats for subdivisions, partitions and replats. It
also provides standards and procedures for property line adjustments and
missing middle and expedited land divisions.
16.04.010 Purpose
The purpose of this Title is to:
A. Preserve, protect and promote the public health, safety, convenience and
general welfare;
B. Provide rules, regulations and standards governing the approval of land
divisions and replats;
C. Provide rules, regulations and standards governing the approval of
property line adjustments;
D. Ensure that new lots, parcels and blocks meet the requirements of the
underlying zoning district;
E. Ensure access to streets and utilities;
F. Ensure safe, economical and efficient routes for pedestrians, bicycles and
motor vehicles;
G. Minimize the negative effects of development on the natural environment
and incorporate natural features into proposed development where
possible;
H. Promote energy efficiency; and,
I. Promote orderly growth and development by implementing the Central
Point Comprehensive Plan.
16.04.020 Scope of regulations. Applicability.
Units of land must only be created or reconfigured in accordance with the
standards in this Title and ORS Chapter 92. Expedited and Middle Housing Land
Divisions are subject to the requirements in CPMC 16.14.
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The provisions of this title shall apply to all subdivisions, partitions, and planned unit
developments, and all streets or other ways created thereby, unless otherwise
specifically provided. (Ord. 1650 (part), 1990).
16.04.020 Design standards and principles of acceptability.
A. The subdivision shall be in conformity with any approved development plans and
shall take into consideration any preliminary plans or studies.
B. In connection with reviewing and making recommendations as to the granting or
denial of any application made under this title, city staff may, in its discretion, in such
cases as the same is warranted due to relevant but unknown information, require the
applicant to furnish to the city, at applicant’s expense, technical, architectural,
engineering or other professional studies or reports. (Ord. 1684 §5, 1993; Ord. 1650
(part), 1990).
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CPMC 16.08, Definitions
As used in this title the masculine gender includes the feminine and neuter gender and
the singular includes the plural. The following words and phrases, unless the context
otherwise requires, shall have the meanings assigned to them.
1. “Alley” means a narrow street through a block primarily for vehicular service access
to the back or side of properties otherwise abutting on another street.
2. “Applicant” means the owner or contract purchaser of the property sought to be
subdivided, partitioned or developed, or the person duly authorized in writing by such
person or persons to act as agent to seek subdivision, partition or development, and in
connection therewith, to bind the property to any conditions thereof.
3. “Building line” means a line on a plat indicating the limit beyond which buildings or
structures may not be erected.
4. “City” means any representative of the city of Central Point authorized to make the
decision in question, including but not limited to the public works director, the city
manager, the planning commission or the city council.
5. “City utility easement” means an easement that is dedicated or granted for city water,
sewer or storm drain.
6. “Cul-de-sac” (dead-end street) means a short street having one end open to traffic
and being terminated by a vehicle turn-around.
7. “Development plan” means any plan as defined in Section 15.16.010.
8. “Easement” means a grant of the right to use a strip of land for specific purposes.
9. “Final plat” means the final map and other writing containing all the descriptions,
locations, specifications, provisions and information concerning a subdivision, and
where applicable, includes a partition plat prepared by a registered professional land
surveyor.
10. “Flag lot” means a lot or parcel surrounded by other parcels on all sides and
connected to the public right-of-way by a privately owned driveway or easement for
ingress and egress.
11. “Half street” means a portion of the width of a street, usually along the edge of a
subdivision where the remaining portion of the street has been or could later be
provided in another subdivision.
12. “Lot” means a parcel of land intended as a unit for transfer of ownership or for
development.
13. “Major partition” means a partition which includes the creation of a road or street.
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14. “Minor partition” means a partition which does not include the creation of a road or
street.
15. “Partition” means either an act of partitioning land or an area or tract of land
partitioned as defined by this chapter.
16. “Partition plat” means the final map and other writing containing all the descriptions,
locations, specifications, provisions and information concerning a major or minor land
partition.
17. “Partitioninged land” means to divide dividing area or tract of land to create not
more than into two or three (3) parcels of land within a calendar year, but does not
include:
a. Dividing land resulting from a lien foreclosure, foreclosure of a recorded
contract for the sale of real property, or the creation of cemetery lots;
b. Adjusting a property line as a property line adjustment is defined in this
section;
c. Dividing land as a result of recording a subdivision or condominium plat;
d. Selling or granting by a person to a public agency or public body of
property for state highway, county road, city street or other right of way
purposes if the road or right of way complies with the applicable
comprehensive plan and ORS 215.213 (Uses permitted in exclusive farm
use zones in counties that adopted marginal lands system prior to 1993)
(2)(p) to (r) and 215.283 (Uses permitted in exclusive farm use zones in
nonmarginal lands counties) (2)(q) to (s). However, any property sold or
granted for state highway, county road, city street or other right of way
purposes shall continue to be considered a single unit of land until the
property is further subdivided or partitioned; or,
e. Selling or granting by a public agency or public body of excess property
resulting from the acquisition of land by the state, a political subdivision or
special district for highways, county roads, city streets or other right of
way purposes when the sale or grant is part of a property line adjustment
incorporating the excess right of way into adjacent property. The property
line adjustment shall be approved or disapproved by the applicable local
government. If the property line adjustment is approved, it shall be
recorded in the deed records of the county where the property is located.
when such area or tract of land exists as a unit or contiguous units of land under single
ownership at the beginning of such year. “Partitioned land” does not include divisions of
land resulting from lien foreclosures; divisions of land resulting from the creation of
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cemetery lots; and divisions of land made pursuant to a court order, including but not
limited to court orders in proceedings involving the state or intestate succession; and
“partitioned land” does not include any adjustment of a lot line by the relocation of a
common boundary where an additional parcel is not created and where the existing
parcel reduced in size by the adjustment is not reduced below the minimum lot size
established by any applicable zoning ordinance.
18. “Pedestrian way” means a right-of-way for pedestrian traffic.
19. “Person” means an individual, firm, partnership, corporation, company, association,
syndicate or any legal entity, and including any trustee, receiver, assignee or other
similar representative thereof.
20. “Planning commission” means the planning commission of the city.
“Plat” includes a final subdivision plat, replat or partition plat.
“Property line” means the division line between two units of land.
“Property line adjustment” means a relocation or elimination of all of a portion of
the common property line between abutting properties that does not create an
additional lot or parcel.
“Replat” means the act of platting the lots, parcels and easements in a recorded
subdivision or partition plat to achieve a reconfiguration of the existing
subdivision or partition plat or to increase or decrease the number of lots in the
subdivision.
21. “Reversed corner lot” means a corner lot, the side street line of which is
substantially a continuation of the front lot line of the first lot to its rear.
22. “Right-of-way” means all areas conveyed or dedicated to the public or city, or in
actual use by the public or city, for vehicular, pedestrian or utility use.
23. “Road” or “street” means a public or private way that is created to provide ingress or
egress for persons to one or more lots, parcels, areas or tracts of land.
24. “Roadway” means the portion or portions of street rights-of-way developed for
vehicular traffic.
25. “Sidewalk” means a pedestrian walkway with permanent surfacing.
26. “Street” means the entire width between the boundary lines of every way which
provides for public use for the purpose of vehicular and pedestrian traffic and the
placement of utilities and includes the terms “road,” “highway,” “avenue,” “alley” and
other similar designations.
27. “Structure” means anything built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some
definite manner. This includes, but is not limited to, carports, swimming pools, hot tubs,
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permanent signs, aboveground gas or liquid storage tanks, fences, railings, sheds,
manufactured homes, antennas, satellite dishes, well pump houses, mechanical
equipment, and portable buildings. It also includes tents, awnings, stands, carts, and
tables, except those used temporarily for an itinerant use. It does not include portable
items solely for sale or temporary storage on the premises, including manufactured
homes, portable buildings, and vehicles.
28. “Subdivide land” means to divide a parcel of land into four or more parcels within a
calendar year.
29. “Subdivision” means either an act of subdividing land or a tract of land subdivided as
defined in this chapter.
30. “Through lot” means a lot having frontage on two parallel or approximately parallel
streets other than alleys.
31. “Tentative plan” means the diagram and text containing all of the descriptions,
locations, specifications, provisions and information concerning a proposed subdivision
or partition.
“Utility easement” means an easement noted on a subdivision plat or partition
plat for the purpose of installing or maintaining public or private utility
infrastructure for the provision of water, power, heat or telecommunications to
the public. 32. “Underground utilities” include all public and private services including
but not limited to electrical power, television cable, gas, telephone, sewer, water and
storm sewer. (Ord. 1997 §1, 2014; Ord. 1969 §1(part), 2013; Ord. 1650(part), 1990).
CPMC 16.14, Middle Housing and Expedited Land Divisions
[Reserved]
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CPMC 16.40, Replats (New)
16.40.010 Applicability
16.40.020 Replat Process
16.40.010 Applicability
A. A replat is the act of platting the lots, parcels and easements in a recorded
subdivision or partition plat to achieve a reconfiguration of the existing
subdivision or partition plat or to increase or decrease the number of lots
in a subdivision.
B. The relocation of a common boundary line between two lots/parcels within
a subdivision or partition shall not be considered a replat. A property line
adjustment may occur in a platted subdivision or partition as provided for
in CPMC 16.44.
16.40.020 Replat Process
A. A replat tentative plan and final plat shall comply with the land division
process specified in CPMC 16.10 and CPMC 16.12 with the following
exceptions:
1. The word “Replat” shall be shown in the title block;
2. The name or reference number of the previous plat and any
additional recording information shall be retained in the title of the
replat;
3. Blocks, lots/parcels and portions thereof, which are being replatted
shall be identified where applicable; and,
4. Original plat information being deleted, abandoned or changed by
the replat shall be shown lightly sketched or dotted on the drawing
with a note of explanation.
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CPMC 16.44, Property Line Adjustments (New)
16.44.010 Purpose
16.44.020 Submittal Requirements
16.44.030 Review Process
16.44.040 Approval Criteria
16.44.050 Recording and Expiration
16.44.010 Purpose
The purpose of a property line adjustment is to relocate or eliminate a common
property line between abutting properties.
16.44.020 Submittal Requirements
Property Line Adjustments are subject to Type I procedures set forth in CPMC
17.05.200. Property Line Adjustment applications shall be on application forms
provided by the Community Development Department, be accompanied by the
application fee adopted in the City’s current fee schedule and include the
following information:
A. Map of Survey prepared by an Oregon registered land surveyor showing
the following:
1. Existing and proposed property lines, including dimensions and
square footage for all properties involved;
2. Assessor’s Map and Tax Lot Information for the subject properties;
3. Location of existing utilities on the site, including but not limited to:
wells, septic systems, storm drain lines, water, and irrigation
facilities;
4. Existing and proposed easements including the location, name and
purpose of each easement on the site (if any);
5. Existing streets, both public and private, within or adjacent to the
subject properties, including the street names, location and
dimensions;
6. Location and dimensions of driveways within or abutting the subject
properties
7. Location, height, ground floor area and use of all structures on the
subject properties including the distance from all existing and
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proposed property lines;
8. Location of existing walls and fences;
9. Property owner names as shown on the accompanying deeds;
10.Surveyor’s signature attesting to the accuracy of the information
provided; and,
11.If any items listed above are not shown on the Map of Survey, a
signed statement certifying that specific items listed above do not
exist.
B. Legal Description prepared by an Oregon registered land surveyor for the
proposed property line adjustment;
C. Copy of proposed easements to be recorded, if any;
D. Proposed deeds that include a statement that identifies the associated
conveyance of property as a property line adjustment. If the property line
is being adjusted, the deed shall be labeled, “Property Line Adjustment.” If
a property line is being eliminated, the deed shall be labeled “Property
Line Adjustment – Lot Consolidation.”
E. Legal descriptions attached to the deeds for the proposed property line
adjustment or lot consolidation shall include the names of the parties, the
description of the adjusted property line, references to original recorded
documents and signatures of all parties with proper acknowledgement.
F. Title Report prepared no more than 15-days prior to the application
submittal listing the vested owners, easements, encumbrances and other
matters for each property; and
G. Signatures from all property owners on the application form or letter
authorizing the property line adjustment application.
16.44.030 Review Process
A.Preliminary City Review. Once the application has been received, the
Community Development Department shall send a copy to affected
agencies and City departments for review. Within 30- days following
submittal, the Planning Department shall send a written notification to the
applicant indicating:
1.The application is missing information required in Section 16.44.020.
Once missing information is submitted, the City shall complete its
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review within 30-days; or,
2.The application has been preliminarily approved in accordance with
the CPMC 16.44.040(A-C); or,
3.The application has been found to be inconsistent with Section
16.44.040(A-C) and has been denied.
B.Jackson County Surveyor Review. Upon preliminary City approval, the
applicant shall file the Map of Survey, Deeds and proposed easements with
the Jackson County Surveyor as necessary to assure conformance with
the Oregon Revised Statutes (ORS) 92.
C.Final City Review. Following approval by the Jackson County Surveyor and
within one (1) year of filing the property line adjustment, submit the final
map of survey, deeds and easement for final review and signature by the
Community Development Director or designee. The final review shall verify
that the final Map of Survey is substantially the same as preliminarily
approved. If the Director finds that they are not substantially the same, the
applicant shall be notified in writing within 15-days.
16.44.040 Approval Criteria
The Community Development Director or designee shall approve or deny a
request for a property line adjustment in writing based on demonstration that
following criteria are met:
A. The Property Line Adjustment does not result in the creation of any new
lots or parcels;
B. The Property Line Adjustment does not result in a unit of land that overlaps
the city limit line, urban growth boundary or a zoning district boundary;
C. All lots and parcels conform to the applicable lot standards of the zoning
district including lot area, dimensions, setbacks and coverage unless a
nonconforming lot or parcel is adjusted in a manner that reduces an
existing nonconforming situation; and,
D. Demonstration that the Map of Survey and legal descriptions are consistent
with ORS 92 as certified by the Jackson County Surveyor.
16.44.050 Recording and Expiration
Expiration. Within one (1) year of the final decision date, the property line
adjustment deeds and Map of Survey and any proposed easements must be filed
with the Jackson County Clerk’s office to be recorded. If the property line
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adjustment documents are not recorded within one (1) year, the application
approval will expire. Recorded documents shall be filed with the Community
Development Department within 60-days of recording or prior to any additional
land use approvals or building permit issuance for the reconfigured lots or
parcels.
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Title 17 – Zoning
Summary: Proposed amendments to Title 17, include the following:
•Amend Chapter 17.04 to consolidate all general provisions for administration of
the Zoning Code, including updating the Title name to eliminate reference to the
year; clarifying and expanding the purpose statement; addressing the scope and
compliance of the Title; providing the rules of code construction; requiring
consistency with the Comprehensive Plan; clarifying how the development code
and zoning map are implemented; coordinating land use review and decisions
with issuance of building permits; establishing authority for permit issuance and
decision making as the official actions of the City, as well as enforcement
procedures and fees.
•Update Table 17.05.01 in CPMC 17.05.100 to add land use actions not
previously identified; remove sections that no longer apply and update procedural
types.
•Update CPMC 17.08.010 definition for Home Occupation to clarify that it is
conducted by a person lawfully residing in the dwelling.
•Update CPMC 17.12 regarding Zoning Districts to update the abbreviation for the
Neighborhood Commercial zone from C-1 to C-N; add a column in the Zoning
District Classification table to identify the Chapter reference for each zoning
district; and, add a section clarifying how zoning district boundaries are
determined.
•Revise CPMC 17.13 to provide standards, procedures and criteria for
adjustments and variances. This revision eliminates the distinctions between
Class A, B, and C Variances for clarity and ease of implementation.
•Revise CPMC 17.56, to provide standards and procedures for all nonconforming
situations in the City, including uses, developments and lots. The revision
eliminates distinctions between Class A and Class B nonconforming uses, which
allowed varying levels of flexibility for expansion and remodeling. Instead the
proposed amendments apply the same standards based on the type of
nonconforming situation.
•Update CPMC 17.57, Fences to align language with Building Code requirements
and language, update standards for fence regulations aligning corner lot
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setbacks with required frontage buffers or a minimum of 5-ft in residential zones,
increases height in the Civic and Industrial zones to 8-ft for security purposes.
The update also includes new language for prohibited fence types and
specifically addresses electrified fences, which are to be prohibited in residential
zones but may be allowed in industrial zones subject to clear and objective
standards.
•Update CPMC 17.60.190 requirements for Home Occupations to assure that
home based businesses are not detrimental to the character and livability of the
surrounding neighborhood and remain subordinate to the residential use and the
viability of the residential dwelling is maintained. Prohibits heavy
commercial/industrial operations. The standards address hazardous substances,
noise, vehicle parking, deliveries and how to count daily trips to and from the site
for review purposes. Finally, the proposed amendments clarify the basis for
home occupation permit revocation/termination.
•Update CPMC 17.76 to revise the approvals process section, align submittal
requirements with the Site Plan and Architectural Review submittal requirements,
and establish clear conditions of approval. The objective is to consolidate a
Conditional Use Permit and Site Plan and Architectural Review application into
one approval.
•Repeal CPMC 17.92, Violations and Enforcement and move to CPMC 17.04,
General Provisions.
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CPMC 17.04, Title—Purpose General Provisions
Sections:
17.04.010 Title.
17.04.020 Purpose.
17.04.030 Application and review--Fees.
17.04.040 Authority to require professional reports.
17.04.030 Scope and Compliance
17.04.040 Rules of Code Construction
17.04.050 Consistency with Comprehensive Plan and Laws
17.04.060 Development Code and Zoning Map Implementation
17.04.070 Coordination of Building Permits
17.04.080 Official Action
17.04.090 Enforcement and Penalties
17.04.100 Fees
17.04.010 Title.
This title shall be known as the “City of Central Point “Zoning Ordinance” or “Zoning
Code.” of 1981. (Ord. 1436 §2(part), 1981).
17.04.020 Purpose.
The purpose of this title is to promote the public health, safety and welfare of all
Central Point residents by managing and regulating land use and development
within the City consistent with the following objectives:
A. Implement the City of Central Point Comprehensive Plan;
B. Manage growth and physical development of the City consistent with its
ability to provide adequate and cost-effective public facilities and
services;
C. Provide a clear land use and development regulatory framework to
facilitate the private and public sectors to respond to market demands
and the community’s needs for housing, employment and other uses;
D. Establish clear and objective standards, where possible, to promote
livability through human-scale design that promotes safety, comfort and
character in alignment with the community’s preferred vision for its
future as articulated in the Central Point Strategic Plan and Central
Point Comprehensive Plan;
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E. Promote development of an interconnected transportation system that
supports multiple modes of transportation, including but not limited to
automobiles, transit, bicycles and pedestrians to accomplish the
following objectives:
1. Connecting residential areas with schools, parks and community
services;
2. Providing transportation options for those who are unable or
choose not to drive a car; and
3. Providing the opportunity for Central Point residents to engage in
a more active lifestyle that can contribute to better health
outcomes and wellbeing.
F. Implement regulations that safeguard residents from identifiable
hazards associated with dissimilar land uses, natural hazards and
nuisances that may result from development to the to the maximum
extent possible; and,
G.Comply with applicable Oregon Revised Statutes as pertains to the
development and use of land. (Ord. 1436 §2(part), 1981).
encourage the most appropriate use of land; to conserve and stabilize the value of
property; to facilitate fire and police protection; to provide adequate open space for light
and air; to minimize congestion of streets; to promote orderly growth of the city; to
prevent undue concentrations of population; to facilitate adequate provision of
community facilities; and in general to promote in other ways public health, safety,
convenience and general welfare. (Ord. 1436 §2(part), 1981).
17.04.030 Application and review--Fees.
Applications for any land use permit or approval issued or required to be issued under
this Title 17 and review thereof shall conform to the provisions of Chapter 17.05 and all
applicable city ordinances and laws of the state. All administrative and legal staff time
costs, plans checks, construction inspection, and preparation of agreements, in excess
of the filing fee, shall be borne by the applicant and paid within twenty days of billing by
city. Failure to timely pay such costs shall constitute grounds for denial of the permit or
approval application. For purposes of this section, “land use permit or approval”
includes site plans, nonconforming use designations, planned unit developments,
conditional use permits, variances, amendments, and any other action taken by
application under the terms of Title 17. (Ord. 1684 §13, 1993).
17.04.040 Authority to require professional reports.
In connection with reviewing and making recommendations as to the granting or denial
of any application made under this title, city staff may, in its discretion, in such cases as
the same is warranted due to relevant but unknown information, require the applicant to
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furnish to the city, at applicant’s expense, technical architectural, engineering or other
professional studies or reports. (Ord. 1684 §14, 1993).
17.04.030 Scope and Compliance
A. Applicability. The requirements of this Title apply to the person(s)
undertaking the development (i.e. applicant), owner(s) of record, and any
successors of interest.
B. Compliance. No structure or lot shall hereinafter be used, developed,
occupied, and no structure or part thereof shall be erected, moved,
reconstructed, extended, enlarged or otherwise altered except as permitted
by this Code. Furthermore, annexations and amendments to the Zoning
Map and Text, Comprehensive Plan Map and Text shall conform to the
applicable provisions of this Code.
C. Transfer of Development Standards. Except as otherwise specifically
authorized in this title, no lot area, yard, landscaping or open space that is
used to satisfy a requirement for one use shall be used to satisfy the
requirements for another use.
17.04.040 Rules of Code Construction.
A. Minimum Requirements. The provisions of this Title, in their interpretation
and application, are minimum requirements that have been adopted for the
protection of the public health, safety and general welfare.
B. Conflicts. Unless otherwise specified, when there is a conflict between
provisions in this Code or with other applicable regulations, the highest
standard shall govern. The Planning Director shall decide which Code
provision sets the highest standard. Where the applicability of a Code
provision is unclear, the Planning Director or Planning Commission may
issue a formal interpretation pursuant to CPMC 17.11.
C. Tenses. Words used in the present tense include the future; the singular
form includes the plural; and the plural includes the singular.
D. Interpreting Illustrations. This Code contains illustrations and photographs,
code “graphics,” which are intended to serve as examples of development
design that either that either meet or do not meet particular code
standards. Strict adherence to the graphic is not required except where a
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graphic contains a specific numerical standard or uses the word “shall,”
must,” “required,” or “prohibited.”
E. Requirements versus Guidelines. The use of the word “shall,” “must,”
“required,” or similar directive terms means the Code provision is a
requirement. The word “should,” “encouraged,” “recommended,” or
similar terms means the provision is a guideline, which may be imposed as
a requirement but only where the applicable code criteria allow the
Planning Commission to exercise such direction.
F. Severability. The provisions of this Development Code are severable. If any
section, sentence, clause or phrase is judged to be invalid by a court of
competent jurisdiction, that decision shall not affect the validity of the
remaining portion of the Code.
17.04.050 Consistency with Comprehensive Plan and Laws.
A. City of Central Point Comprehensive Plan. This Code implements the City
of Central Point Comprehensive Plan. Except as otherwise required by
applicable state or federal law, all provisions of this Code shall be
construed in conformity with the Comprehensive Plan including any
Comprehensive Plan elements or public facility master plans adopted
pursuant to the Comprehensive Plan.
B. Compliance with Other Laws Required. In addition to the requirements set
forth in this Code, all uses and development shall comply with all other
applicable rules and regulations including but not limited to City, state and
federal.
C. References to Other Regulations. All references to other city, state and
federal rules and regulations are for informational purposes only and do
not constitute a complete list of such requirements. The references do not
imply any responsibility by the City of Central Point for enforcement of
state or federal regulations. Where a proposal, permit or approval is
subject to both City of Central Point and state or federal requirements, the
property owner is responsible for contacting the applicable agencies and
complying with their rules and regulations.
17.04.060 Development Code and Zoning Map Implementation
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A. Land Use Consistent with Development Code. Land and structures in the
City of Central Point may only be used or developed in accordance with
this Code, including all amendments thereto. A lawful use of land (“use”) is
one that is permitted in accordance with this Code or is allowed as a legal
non-conforming use pursuant to Chapter 17.56, provided state or federal
law does not prohibit the use.
B. Development Code and Zoning Map. The City’s Official Zoning Map
(“Zoning Map”), which may be published, amended and filed separately
from this Code, is part of this Code. The zoning districts depicted on the
Zoning Map correspond to the zoning districts in this code in Section
17.12.030. In addition, this Code may contain zoning regulations for special
areas (e.g. overlay zones), and for certain uses or structures that do not
appear on the Zoning Map.
C. Interpreting the Zoning Map. Except as otherwise specified by this Code,
the City’s zoning boundaries are designated on the Official Zoning Map,
which is kept on file in the Planning Department at the Central Point City
Hall. The City may adopt and publish supplemental zoning maps where it is
impractical to illustrate all regulated features on one map. Example of
regulated features include, but are not limited to historical landmarks,
floodplain boundaries, local wetland inventories, etc. In addition, the City
may require field verification and mapping (e.g. survey) of a regulated
feature as part of a development application where the feature is thought to
exist on or adjacent to the subject property but its exact location is
unknown.
D. Boundary Lines. Zoning district boundaries are determined pursuant to
CPMC 17.12.030
E. Changes to the Official Zoning Map. Proposed changes to the Zoning Map
are subject to review and approval under CPMC 17.10.
17.04.070 Coordination of Building Permits
A building permit shall not be issued until the Planning Director or designee has
confirmed that all applicable requirements of this Code are met, applicable
conditions of approval imposed as part of the land use process have been
satisfied, or additional conditions are in place to assure compliance.
17.04.080 Official Action
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The City of Central Point Planning Director, Planning Commission and City
Council are vested with authority to issue permits and grant approvals in
conformance with the Land Development Code pursuant to the Application
Review Procedures set forth in CPMC 17.05.
17.04.090 Enforcement and Penalties
A. Violation a Public Nuisance. Any building or structure set up, erected,
constructed, altered, enlarged, converted, moved or maintained contrary to
the provisions of this title, and any use of any land, building or premises
established, conducted, operated or maintained contrary to the provisions of
this title is unlawful and declared a public nuisance and may be abated as
provided in Chapter 8.04 of the Central Point Municipal Code, and/or in such
other manner as provided by law, and may take such other steps and apply to
such courts as may have jurisdiction to grant such relief as will enjoin and
remove such violation. The remedies provided for herein shall be cumulative
and not exclusive. (Ord. 1436 §2(part), 1981).
B. Penalties. Violation of a provision of Chapters 16 or 17 constitutes a violation
and upon conviction thereof shall be punishable by the general penalty set
forth in CPMC 1.16. Every day in which a violation is caused or permitted to
exist constitutes a separate offense. (Ord. 1684 §75, 1993; Ord. 1436 §2(part),
1981).
17.04.100 Fees
A schedule of permit and service fees shall be established and may be
periodically amended by resolution of the City Council.
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17.05.100 Purpose and applicability of review procedures.
A. Purpose. The purpose of this chapter is to establish standard decision-making
procedures that will enable the city, the applicant, and the public to review development
permit applications and participate in the local decision-making process in a timely and
effective way consistent with the citizen’s involvement element of the comprehensive
plan. Table 17.05.1 provides a key to identify the review procedures, applicable
regulations, and the approving authority for development permit applications.
B. Applicability of Review Procedures. All development permit applications identified in
Table 17.05.1 shall be decided by using the appropriate procedures contained in this
chapter. The procedural “type” assigned to each development permit application
governs the decision-making process for that permit. There are four “types” of
procedures: Type I, II, III, and IV, which are described as follows:
1. Type I. Type I procedures apply to administrative decisions made by the
community development director or designee without public notice and without a
public hearing. Type I procedures are used only when there are clear and objective
approval standards and criteria, the application of which does not require the use
of discretion.
A Type I decision is the city’s final decision. There are no appeals to a Type I
procedural decision.
2. Type II. Type II procedures apply to administrative decisions that involve clear
and objective approval standards and criteria the application of which requires the
use of limited discretion. Type II decisions are made by the community
development director or designee with public notice, and an opportunity for a
public hearing if appealed. The appeal of a Type II decision is treated as a Type III
procedure, except that the appeal is to the planning commission, which is the final
decision of the city.
3. Type III. Type III procedures are quasi-judicial decisions that involve the
application of existing policies. Type III decisions generally use discretionary
approval criteria, and do not have a significant effect beyond the immediate area of
the application. Type III decisions are based on special studies or other information
which will serve as the factual basis to support the decision. Type III decisions,
when made by the planning commission, may be appealed to the city council.
4. Type IV Procedure. Type IV decisions are legislative decisions that establish by
law general policies and regulations for future land use decisions, such as the
adoption or revision of the comprehensive plan, and revisions to the zoning and
the land division ordinance that have widespread and significant impact beyond
the immediate area, i.e., quantitative changes producing large volumes of traffic, or
a qualitative change in the character of the land use itself, such as conversion of
residential to industrial use; or a spatial change that affects large areas or many
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different ownerships. Unless otherwise noted, all Type IV decisions are considered
initially by the citizens advisory committee and the planning commission, with final
decisions made by the city council. For annexation, the City Council makes a
decision without a recommendation from the citizens advisory committee or
planning commission.
Table 17.05.1 provides a key to identify the review procedure for each land
development permit.
TABLE 17.05.1
LAND DEVELOPMENT
PERMIT*
PROCEDURAL
TYPE
APPLICABLE
REGULATIONS
APPROVING
AUTHORITY
120-
DAY
RULE
Annexation
Quasi-Judicial Type III Chapter 1.20 17.94 City Council No
Legislative Type IV**Chapter 1.20 17.94 City Council No
Code Interpretations Type II Chapter 17.11 Director No
Comprehensive Plan &
UGB Amendments
Major Type IV Chapter 17.96 City Council No
Minor Type III Chapter 17.96 City Council No
Conditional Use Permit Type III Chapter 17.76 Planning
Commission
Yes
Conversion Plan Type II Chapter 16.32 Director Yes
Extensions
Type I Procedures Type I Section 17.05.200(G)Director Yes
Type II Procedures Type II Section 17.05.300(G)Director Yes
Floodplain
Development Permit
Type I
Type II
Type III
Chapter 8.24
Floodplain
Manager
Director
Planning
Commission
Yes
Home Occupation
Permit
Type I Section 17.60.190 Director Yes
Land Division/Replat
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TABLE 17.05.1
LAND DEVELOPMENT
PERMIT*
PROCEDURAL
TYPE
APPLICABLE
REGULATIONS
APPROVING
AUTHORITY
120-
DAY
RULE
Tentative Plan,
Partition
Type II Chapter 16.36 Director Yes
Tentative Plan,
Subdivision
Type III Chapter 16.10 Planning
Commission
Yes
Final Plat Type I Chapter 16.12 Director No
Mobile Food Business
Mobile Food Vendor Type I Section 5.44.030
Chapter 17.72
Director Yes
Mobile Food Pod Type II Section 5.44.040
Chapter 17.72
Director Yes
Mobile Food Court
Type III Section 5.44.050
Chapter 17.76
Chapter 17.72
Planning
Commission
Yes
Specialty Food Vendor Type I Section 5.44.060 Director No
Modification of Approval
Major Type III Section 17.09.300 Planning
Commission
Yes
Minor Type II Section 17.09.400 Director Yes
Nonconforming Use
Designation
Type III Section 17.56.040 Planning
Commission
No
Planned Unit
Development
Type III Chapter 17.68 Planning
Commission
Yes
Property Line
Adjustment/Consolidation
Type I Chapter 16.10 16.44 Director Yes
Right-of-Way Vacation Type IV Chapter 12.28 City Council No
Site Plan and
Architectural Review
Minor Type I Chapter 17.72 Director Yes
Major Type II Chapter 17.72 Director Yes
TOD Overlay Master
Plan
Type III Chapter 17.66 Planning
Commission
Yes
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TABLE 17.05.1
LAND DEVELOPMENT
PERMIT*
PROCEDURAL
TYPE
APPLICABLE
REGULATIONS
APPROVING
AUTHORITY
120-
DAY
RULE
Tree Removal Type II Chapter 12.36 Director Yes
Variance Type III Chapter 17.13 Planning
Commission
Yes
Class A Type II Section 17.13.300 Director Yes
Class B Type III Section 17.13.400 Planning
Commission
Yes
Class C Type III Section 17.13.500 Planning
Commission
Yes
Zoning Map and Zoning
and Land Division Code
Text Amendments
Minor Type III Chapter 17.10 City Council Yes
Major Type IV Chapter 17.10 City Council No
* An applicant may be required to obtain approvals from other agencies, such as the
Oregon Department of Transportation, or Rogue Valley Sewer. The city may notify other
agencies of applications that may affect their facilities or services.
** Except as provided in CPMC 17.94.
(Ord. 2100 § 1, 2023; Ord. 2089 §2, 2022; Ord. 2033 §2, 2017; Ord. 1989 §1(part),
2014; Ord. 1941 §§1, 2, 3, 2010; Ord. 1874 §1(part), 2006).
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CPMC 17.08, Definitions
17.08.010 Definitions, specific
“Home occupation” means any occupation or business conducted within a residential
dwelling unit by a person lawfully residing in the dwelling member or members of the
family residing in that unit, provided such occupation or business is clearly incidental
and secondary to the primary residential use of that dwelling and is in accordance with
Section 17.60.190.
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CPMC 17.12, Zoning Districts
Sections:
17.12.010 Purpose Compliance with provisions.
17.12.020 Zones--Classification.
17.12.030 District--Location.
17.12.040 Zoning maps.
17.12.050 District--Boundaries.
17.12.060 Zoning of annexed area.
17.12.010 Purpose Compliance with provisions.
The purpose of this chapter is to establish zoning district for every units of land
(i.e. parcel, lot, tract, right-of-way) within the City of Central Point consistent with
the Comprehensive Plan. Units of land may also be designated within one or
more overlay zones. It is also the purpose of this chapter to specify how zoning
district boundaries are determined. The use of land shall be limited to uses
allowed by applicable zone(s).
A. A lot may be created or used and a structure or part thereof constructed,
reconstructed, altered, occupied or used only as permitted in this code.
B. No lot shall be created if the effect thereof is to allow the perpetuation of a
nonconforming use. (Ord. 1684 §27, 1993; Ord. 1436 §2(part), 1981).
17.12.020 Zoning District Classification Zones--Classification.
For the purposes of this title, the following zones are established by the city:
Abbreviation District Chapter Reference
R-L Residential low-density 17.16
R-1 Residential single-family 17.20
R-2 Residential two-family 17.24
R-3 Residential multiple-family 17.28
C-N1 Neighborhood convenience
shopping
17.32
C-4 Tourist and office-professional 17.44
C-5 Thoroughfare commercial 17.46
M-1 Industrial 17.48
M-2 Industrial general 17.52
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Abbreviation District Chapter Reference
B.C.G.Bear Creek Greenway 17.54
OS Parks and Open Space 17.30
TOD Transit oriented development
overlay
17.65, 17.66, 17.67
LMR Low mix residential 17.65
MMR Medium mix residential 17.65
HMR High mix residential 17.65
EC Employment commercial 17.65
GC General commercial 17.65
C Civic 17.65
OS Open space 17.65
(Ord. 2100 § 5, 2023; Ord. 1888, 2006; Ord. 1643 §1, 1990; Ord. 1615 §2, 1989; Ord.
1436 §2(part), 1981).
17.12.030 Zoning District Boundary Determination District--Location.
The boundaries for each district listed in this title are the boundaries indicated for the
district by the city zoning map of 1987, which is adopted by reference. The boundaries
shall be modified in accordance with zoning map amendments, which amendments this
section subsequently adopts by reference. (Ord. 1615 §3, 1989; Ord. 1436 §2(part),
1981).
This section sets forth criteria to be used in determining the location of any
zoning district boundary as shown on the Zoning Map. Zoning district
boundaries, as shown on the City of Central Point Zoning Map, shall be construed
to follow:
A. City limit lines.
B. Platted lot lines or other property lines as shown on the Jackson County
Assessor’s Plat Maps.
C. The centerline of street, railroad or irrigation district rights-of-way.
D. The centerline of streams or other water courses as measured at mean low
water, and, in the event of a natural change in location of the centerline of
such water course, the zoning district boundary shall be construed as
moving with the channel centerline.
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Where due to the scale, lack of scale, lack of detail, or illegibility of the Zoning Map, or
due to any other reason, there is uncertainty, contradiction, or conflict as to the intended
location of a zoning district boundary, the Community Development Director or, upon
referral, the Planning Commission shall determine the boundary as follows:
A. Right-of-way. Boundaries that that approximately follow the centerlines of a
street, highway, alley, bridge, railroad or other right-of-way shall be construed to
follow such centerlines. Whenever any public right-of-way is lawfully vacated,
the lands formerly within the vacated right-of-way shall automatically be subject
to the same zoning district designation that is applicable to lands abutting the
vacated areas. In cases where the right-of-way formerly served as a zoning
district boundary, the vacated lands within the former right-of-way shall be
proportionally allocated to the abutting zoning districts.
B. Parcel, lot, tract. Boundaries indicated as approximately following the boundaries
of a parcel, lot, or tract shall be construed as following such boundaries.
C. Jurisdiction Boundary. Boundaries indicated as approximately following a City or
County boundary, or the Urban Growth Boundary, shall be construed as following
said boundary.
D. Natural Features. Boundaries indicated as approximately following a river,
stream, topographic contour, or similar feature not corresponding to any feature
listed in subsection A-C above shall be construed as following such feature.
17.12.040 Zoning maps.
A zoning map or zoning map amendment adopted by Section 17.12.030 or by an
amendment to the section shall be prepared by authority of the city planning
commission or be a modification by the city council of a map or map amendments so
prepared. The map or map amendment shall be dated with the date of its approval by
the planning commission or the effective date of the ordinance that adopts the map or
map amendment. A certified print of the adopted map or map amendment shall be
maintained without change in the office of the city manager as long as the ordinance
codified in this title remains in effect. (Ord. 1969 §1(part), 2013; Ord. 1615 §4, 1989;
Ord. 1436 §2(part), 1981).
17.12.050 District--Boundaries.
Unless otherwise specified, district boundaries are lot lines, the centerlines of streets or
such lines extended. If a district boundary divides a lot into two districts, the entire lot
shall be placed in the district that accounts for the greater area of the lot by the
adjustment of the district boundary, provided the boundary adjustment is for a distance
not to exceed twenty feet. (Ord. 1436 §2(part), 1981).
17.12. 060 Zoning of annexed area.
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All future annexations are expected to include only lands within the city’s urban growth
boundary (UGB). The comprehensive plan of Central Point includes a plan for future
land uses within the UGB area. The zoning map described in Section 17.12.030 is
consistent with the comprehensive plan and will determine the district into which a
newly annexed area is placed. The appropriate zoning district shall be applied to the
area upon annexation. (Ord. 1615 §5, 1989; Ord. 1436 §2(part), 1981).
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CPMC 17.13, Exceptions to Code Standards Adjustments and
Variances
Sections:
17.13.100 Variances--Purpose.
17.13.200 Variances--Applicability.
17.13.300 Class A variances.
17.13.400 Class B variances.
17.13.500 Class C variances.
17.13.600 Variance application and appeals.
17.13.100 Variances--Purpose.
This chapter provides standards and procedures for variances, which are modifications
to land use or development standards that are not otherwise permitted elsewhere in this
title as exceptions to code standards. This chapter cannot provide standards to fit every
potential development situation. The city’s varied geography, and complexities of land
development, require flexibility. This chapter 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 variance procedures are
intended to provide flexibility while ensuring that the purpose of each development
standard is met. (Ord. 1874 §5(part), 2006).
17.13.200 Variances--Applicability.
A. Exceptions and Modifications Versus Variances. A code standard or approval
criterion (“code section”) may be modified without approval of a variance if the
applicable code section expressly allows exceptions or modifications. If the code section
does not expressly provide for exceptions or modifications, then a variance is required
to modify that code section and the provisions of this chapter apply.
B. Combining Variances with Other Approvals; Permit Approvals by Other Agencies.
Variance requests may be combined with and reviewed concurrently by the city
approval body with other land use and development applications (e.g., development
review, site design review, subdivision, conditional use, etc.); however, some variances
may be subject to approval by other permitting agencies, such as ODOT in the case of
state highway access.
C. Types of Variances. As provided in Sections 17.13.300, 17.13.400 and 17.13.500,
there are three types of variances (Class A, B, or C). The type of variance required
depends on the extent of the variance request and the discretion involved in the
decision-making process. (Ord. 1874 §5(part), 2006).
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17.13.300 Class A variances.
A. Applicability. The following variances are reviewed using a Type II procedure, as
governed by Chapter 17.05, using the approval criteria in subsection B of this section:
1. Front Yard Setbacks. Up to a ten percent change to the front yard setback standard
in the land use district.
2. Interior Setbacks. Up to a ten percent reduction of the dimensional standards for the
side and rear yard setbacks required in the base land use district.
3. Lot Coverage. Up to five percent increase of the maximum lot coverage required in
the base zone.
4. Landscape Area. Up to five percent reduction in landscape area (overall area or
interior parking lot landscape area).
B. Approval Criteria. A Class A variance shall be granted if the applicant demonstrates
compliance with all of the following criteria:
1. The variance requested is required due to the lot configuration, or other conditions of
the site;
2. The variance does not result in the removal of trees, or it is proposed in order to
preserve trees, if trees are present in the development area;
3. The variance will not result in violation(s) of any other adopted ordinance or code
standard. Each code standard to be modified shall require a separate variance request.
4. An application for a Class A variance is limited to one lot per application.
5. No more than three Class A variances may be approved for one lot or parcel in
twelve months. (Ord. 1874 §5(part), 2006).
17.13.400 Class B variances.
A. Applicability. Class B variance requests apply to the types of requests meeting the
approval criteria in subsections (B) through (G) of this section, and that conform to
subsections (A)(1) through (3) of this section. Class B variances shall be reviewed using
a Type III procedure, in accordance with Chapter 17.05:
1. The Class B variance standards apply to individual platted and recorded lots only.
2. The Class B variance procedure shall not be used to modify a standard for lots yet to
be created through a partition or subdivision process; such requests shall utilize the
Class C variance procedure.
3. A variance shall not be approved that would vary the “permitted uses” or “prohibited
uses” of any zoning district.
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B. Variance to Minimum Housing Density Standard. The city may approve a variance to
a minimum housing density standard after finding that the minimum housing density
cannot be achieved due to physical constraints that limit the division of land or site
development. “Physical constraint” means steep topography, unusual parcel
configuration, or a similar constraint. The variance approved shall be the minimum
variance necessary to address the specific physical constraint on the development.
C. Variance to Vehicular Access and Circulation Standards. Where vehicular access
and circulation cannot be reasonably designed to conform to code standards within a
particular parcel, shared access with an adjoining property shall be considered. If
shared access in conjunction with another parcel is not feasible, the city may grant a
variance to the access requirements after finding all of the following:
1. There is not adequate physical space for shared access, or the owners of abutting
properties do not agree to execute a joint access easement;
2. There are no other alternative access points on the street in question or from another
street;
3. The access separation requirements cannot be met;
4. The request is the minimum variance required to provide adequate access;
5. The approved access or access approved with conditions will result in a safe access;
6. The visual clearance requirements of this code will be met;
7. Variances for street access deviations shall be subject to review and approval by the
roadway authority;
8. Variances for access deviations on an ODOT or Jackson County right-of-way may
require approval, respectively, by ODOT or Jackson County.
D. Variance to Street Tree Requirements (Chapter 12.36). The city may approve,
approve with conditions, or deny a request for a variance to the street tree requirements
of this code after finding the following:
1. Installation of the tree would interfere with existing utility lines, and no substitute tree
with a lower canopy is appropriate for the site;
2. The tree would cause visual clearance problems; or
3. There is not adequate space in which to plant a street tree;
4. The city may require the installation of additional or replacement landscaping
elsewhere on the site (e.g., parking lot area trees) to compensate for the street tree
variance;
5. Street tree approval or modification of standards within an ODOT or Jackson County
right-of-way may require approval, respectively, by ODOT or Jackson County.
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E. Variance to Parking and Loading Standards.
1. The city may approve variances to the minimum or maximum standards for off-street
parking (quantities and dimensions of parking spaces) in this code upon finding all of
the following:
a. The individual characteristics of the use at that location require more or less parking
than is generally required for a use of this type and intensity, or modified parking
dimensions, as demonstrated by a parking analysis or other facts provided by the
applicant;
b. The need for additional parking cannot reasonably be met through provision of on-
street parking or shared parking with adjacent or nearby uses; and
c. All other code standards are met, in conformance with this code.
2. The city may reduce the number of required bicycle parking spaces as required by
this code, if the applicant can demonstrate that the proposed use by its nature would be
reasonably anticipated to generate a lesser need for bicycle parking.
3. The city may allow a reduction in the amount of vehicle stacking area required for
drive-through facilities if such a reduction is deemed appropriate after analysis of the
size and location of the development, limited services available and other pertinent
factors.
4. The city may modify the loading area standards if such a reduction is deemed
appropriate after analysis of the use, anticipated shipping or delivery traffic generated
by the use and alternatives for loading/unloading, such as use of on- or off-street
parking areas during nonbusiness hours; provided, that traffic is not impeded.
F. Variance to Maximum or Minimum Yard Setbacks to Avoid or Reduce Impacts to
Floodplains, Significant Trees, Wetlands, or Other Natural Features. The city may grant
a variance to the applicable setback requirements of this code for the purpose of
avoiding or reducing impact to floodplains, significant trees, wetlands, or other natural
features. Modification of the standard shall not be more than is necessary for the
preservation of the natural feature to be protected.
G. Variances to Transportation Improvement Requirements. The City may approve,
approve with conditions, or deny a variance to a transportation improvement standard
when the variance does not exceed ten percent of the standard. When a variance
request to the standards exceeds ten percent, then the request shall be reviewed as a
Class C variance. (Ord. 1874 §5(part), 2006).
17.13.500 Class C variances.
A. Applicability. Class C variance requests are those that do not conform to the
provisions of Sections 17.13.300 and 17.13.400 (Class A and Class B), and that meet
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the criteria in subsections (A)(1) through (4) of this section. Class C variances shall be
reviewed using a Type III procedure, in accordance with Chapter 17.05:
1. The Class C variance standards apply to individual platted and recorded lots only.
2. The Class C variance procedure may be used to modify a standard for three or fewer
lots, including lots yet to be created through a partition process.
3. An applicant who proposes to vary a standard for lots yet to be created through a
subdivision process may not utilize the Class C variance procedure. Approval of a
planned unit development shall be required to vary a standard for lots yet to be created
through a subdivision process where a specific code section does not otherwise permit
exceptions.
4. A variance shall not be approved that would vary the “permitted uses” or “prohibited
uses” of a zoning district.
B. Approval Process. Class C variances shall be processed using a Type III procedure,
as governed by Section 17.05.400, using the approval criteria in subsection C of this
section. In addition to the application requirements contained in Section 17.05.400, the
applicant shall provide a written narrative or letter describing his/her reasoning for the
variance, why it is required, alternatives considered, and compliance with the criteria in
subsection C of this section.
C. Approval Criteria. The city shall approve, approve with conditions, or deny an
application for a variance based on all of the following criteria:
1. The proposed variance will not be materially detrimental to the purposes of this code,
to any other applicable policies and standards, and to other properties in the same
zoning district or vicinity;
2. A hardship to development exists which is peculiar to the lot size or shape,
topography, or other similar circumstances related to the property over which the
applicant has no control, and which are not applicable to other properties in the vicinity
(e.g., the same zoning district);
3. The use proposed will be the same as permitted under this title and city standards will
be maintained to the greatest extent that is reasonably possible while permitting
reasonable economic use of the land;
4. Existing physical and natural systems, such as but not limited to traffic, drainage,
natural resources, and parks, will not be adversely affected any more than would occur
if the development occurred as specified by the subject code standard;
5. The hardship is not self-imposed; and
6. The variance requested is the minimum variance that would alleviate the hardship.
(Ord. 1874 §5(part), 2006).
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17.13.600 Variance application and appeals.
A. Application. The variance application shall conform to the requirements for Type I, II,
or III applications (Sections 17.05.200, 17.05.300, 17.05.400), as applicable. In addition,
the applicant shall provide a narrative or letter explaining the reason for his/her request,
alternatives considered, how the stated variance criteria are satisfied, and why the
subject standard cannot be met without the variance.
B. Appeals to variance decisions shall be processed in accordance with the provisions
of Chapter 17.05. (Ord. 1874 §5(part), 2006).
Sections:
17.13.100 Purpose
17.13.200 Adjustments
17.13.300 Variances
17.13.400 Expiration
17.13.100 Purpose.
This chapter provides standards and procedures for adjustments and variances,
which are deviations from development standards that are not otherwise
permitted elsewhere in this Title. The purpose of adjustments and variances is to
allow for reasonable use of land when varied geography and complexities of land
development require flexibility, especially housing development. The provisions
in this chapter do not aim to waive all land use regulations and do not allow uses
to be established that are not permitted in the zoning district in which the
adjustment or variance is located.
17.13.200 Adjustments.
Adjustments provide relief from specific code provisions when a code provision
has the unintended effect of preventing reasonable development in conformance
with all other code requirements. There are two categories of adjustments that 1)
apply to general development and design standards, and 2) apply to certain
housing developments established by SB 1537 and codified in ORS 197A.
Adjustments across both categories do not apply to the situations provided in
subsection (A). The standards and procedures for each adjustment type are set
forth in subsections (B) and (C) below.
A. Exclusions. Adjustments set forth in subsection (B) and subsection (C)
below do not include the following:
1. Allowing use of property that is not permitted in the zoning district in
which the adjustment is located;
2. Regulations or requirements related to accessibility, fire ingress or
egress, safety, tree planting, hazardous or contaminated site
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remediation, wildlife protection, affordability, or statewide land use
goals related to natural resources and natural hazards;
3. A complete waiver of regulations or any changes beyond the explicit
requested and allowed adjustments in subsections (B) and (C)
below; and
4.Deviations from requirements related to implementation of building
or fire codes, federal or state air, water quality or surface, ground or
stormwater requirements, or requirements of any federal, state or
local law other than a land use regulation.
B. General Adjustments.
1. Applicability. General adjustments are minor modifications to Code
standards that are intended to provide reasonable flexibility for
planned development with the exception of housing developments
that meet all of the standards and criteria in CPMC 17.13.400(B). The
Community Development Director or designee may adjust the
following standards using a Type II procedure set forth in CPMC
17.05.300:
i. Setbacks. Up to a ten percent change to a minimum/maximum
setback.
ii. Lot Coverage: up to a 10 percent increase to the maximum lot
coverage.
iii. Lot Dimensions. Up to a 10 percent decrease to minimum lot
dimensions.
iv. Lot Area. Up to a 10 percent decrease to minimum lot area.
v. Other standards. Up to a 10 percent increase or decrease in a
quantitative (numerical) standard not listed above.
Adjustments do not apply to building code requirements,
engineering design standards, public safety standards, or
standards implementing state or federal requirements as
determined by the Community Development Director or
designee.
2. Approval Criteria. The Community Development Director or designee
may grant an adjustment upon finding that all of the following criteria
are met. The burden is on the Applicant to demonstrate compliance
with all of the criteria below:
i. The Adjustment allows for a site and building plan that does
not create a substantial conflict with adjacent uses when
compared to development that would be permitted without the
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adjustment.
ii. The Adjustment is necessary to allow for normal interior
building functions, such as mechanical equipment/utility
closets, heating and ventilation systems, restrooms,
stockrooms, shelving, and similar interior building functions;
iii. Approval of the Adjustment does not create (a) violation(s) of
any other adopted ordinance or code standard, and does not
create the need for a Variance;
iv. An application for an Adjustment is limited to one pre-existing
lot per application;
v. Requests for more than one Adjustment on the same lot shall
be consolidated on one application and reviewed concurrently
by the City;
vi. Not more than two Adjustments may be approved for one lot
or parcel; and,
vii. All applicable building code requirements and engineering
design standards shall be met.
17.13.300 Housing Adjustments
The standards and criteria below respond to mandatory requirement to adjust
housing development standards pursuant to SB 1537.
A. Applicability. Housing Adjustments are distinct deviations from
development and design standards provided in this section. The
Community Development Director housing development adjustment
requests using Type II procedures set forth in CPMC 17.05.300, except that
notice of decision is mailed only to the applicant when an application is
denied and only the applicant may appeal the decision. An application
qualifies for a housing adjustment under this section only when all of the
following conditions are met:
1. The application is for a building permit or Type III (quasi-judicial),
Type II (limited) or Type I (ministerial) land use decision;
2. The housing development site is zoned for residential uses,
including mixed-use;
3. The residential density is at least 6 units per net acre;
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4. The development is within the urban growth boundary on lands that
have been annexed into the city;
5. The development provides new housing units within a new housing
development including:
a. Single-family or multifamily dwellings;
b. Mixed-use residential projects where at least 75 percent of the
developed floor area will be used for residential uses;
c. Manufactured dwelling parks;
d. Accessory dwelling units; or
e. Middle housing as defined in ORS 197A.420;
6. The application requests no more than 10 adjustments to the
development and design standards in 17.13.200(C)(2) and meet at
least one of the approval criteria listed in 17.13.200(C)(3). Where a
development standard includes multiple design or development
components, each component standard shall be counted as an
individual adjustment.
7.The application provides facts and evidence that demonstrates how
at least one of the following criteria apply to the requested
adjustments:
a. Are necessary to enable housing development that is not
otherwise feasible due to cost or delay resulting from the
unadjusted land use regulations;
b. Are necessary to reduce sale or rental prices per residential
unit;
c. Result in increased number of housing units within the
housing development above what would occur without the
requested adjustments;
d. All of the units in the housing development are subject to an
affordable housing covenant as described in ORS 456.270 to
456.295, making them affordable to moderate income
households as defined in ORS 456.270 for a minimum of 30-
years;
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e. Enable provision of accessibility or visitability features in
housing units that are not otherwise feasible due to cost or
delay resulting from the unadjusted land use regulations; or,
f. All of the units in the housing development are subject to a
zero equity, limited equity or shared equity ownership model
including resident-owned cooperatives and community land
trusts making them affordable to moderate income
households as described in ORS 456.270 to 456.295 for a
period of 90-years.
B. Development and Design Standard Adjustments. Adjustments to qualified
housing developments pursuant to item (A) above shall be granted to the
following development and design standards:
1. Setbacks. Up to a ten percent change to a minimum/maximum
setback.
2. Common area, open space or other landscape area. Up to a 25
percent reduction in the common area, open space or other area
required to be landscaped.
3. Minimum Lot Size and Dimensions. Up to a 10 percent decrease to
minimum lot size and up to a 10 percent decrease to minimum lot
width or depth requirements.
4. Maximum Lot Size. Up to a 10 percent increase to maximum lot size
and up to a 10 percent increase to maximum lot width or depth only
if the adjustment results in:
a. More dwelling units than would be allowed without the
adjustment; and,
b. No reduction in density below the applicable minimum
density.
5. Lot Coverage. Up to a 10 percent increase in building lot coverage.
6. Manufactured Dwelling Parks, Middle Housing as defined in ORS
197A.420, multifamily and mixed use residential housing.
a. Bicycle Parking. Minimum bicycle parking may be reduced to 0.5
space per unit provided that bicycle parking is lockable, covered
and located within or adjacent to the housing development site;
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b. Middle Housing. Other than cottage clusters, middle housing
types defined in ORS 197.420A, may increase maximum building
height beyond applicable height bonuses, if any, up to one (1)
story or 20 percent of the base zone height.
7. Maximum Density. The maximum density may be exceeded no more
than an amount necessary to account for other adjustments granted
under this section;
8. Residential Use in Mixed Use Buildings. An adjustment shall be
granted to allow:
a. Residential use on the ground floor of a commercial mixed use
buildings except that one building within mixed-use development
that fronts and is within 20-ft of the street; and
b. Nonresidential uses that support residential uses including
lobbies, day care, passenger loading, community rooms, exercise
facilities, offices, activity spaces or live work spaces shall be
allowed unless specifically and clearly defined mixed-use areas
or commercial corridors designated by local governments
prohibit them;
9. Design Standards.
a. Facade materials, color or pattern;
b. Facade articulation;
c. Roof form and material requirements;
d. Garage door orientation unless the building is adjacent to or
across from a school or public park;
e. Window materials, except for bird-safe glazing requirements;
f. Up to a 30 percent decrease in total window area provided at least
12 percent of the primary facade consists of window area;
g. Manufactured Dwelling Parks, Middle Housing as defined in ORS
197A.420, multifamily housing and mixed-use residential may
adjust the following design standards:
i. Building orientation requirements, not including transit
street orientation requirements;
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ii. Building height transition requirements that are not
more than a 50 percent adjustment from the base zone;
iii. Requirements for balconies and porches; and,
iv. Requirements for recesses and offsets.
17.13.300 Variances.
A. Applicability. A variance is an exception to a code standard that does not
otherwise conform to the provisions of Section 17.13.300 and that meets all
of the criteria in Section 17.13.400(B).
B. Approval Criteria. Variance requests are reviewed using a Type III
procedure in accordance with CPMC 17.05.400. Approval of a variance
must be based upon finding that all of the following criteria are met:
1. A hardship to development exists which is unique to the lot size or
shape, topography, or other similar circumstances related to the
property over which the applicant has no control, and which are not
applicable to other properties in the vicinity (e.g., the same zoning
district);
2. The variance is the minimum necessary to address the special or
unique physical circumstances that creates the hardship;
3. The hardship is not self-imposed;
4. Existing physical and natural systems, such as but not limited to
traffic, drainage, natural resources, and parks, will not be adversely
affected any more than would occur if the development occurred as
specified by the subject code standard
5. The variance will not be materially detrimental to adjacent property
owners or the public; and,
6. The variance does not conflict with other applicable city policies or
other applicable regulations.
17.13.400 Expiration.
Variance approvals shall expire after two (2) years from the effective date of
decision if the project has not been started, as evidenced by building permit
approved, and pursued to substantial completion such that the project is nearing
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certificate of occupancy. The Applicant may request a one (1) year extension in
accordance with the applicable land use procedures set forth in CPMC 17.05.
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CPMC 17.56, Nonconforming Uses Situations
Sections:
17.56.010 Purpose.
17.56.020 Definition.
17.56.030 Classification criteria.
17.56.040 Procedures for Class A designation.
17.56.050 Revocation of a Class A designation.
17.56.060 Regulations pertaining to Class A and Class B nonconforming uses.
17.56.010 Purpose.
The zoning map of the city of Central Point is required by law to be consistent with the
comprehensive plan map. In order to meet this consistency requirement, the city’s
zoning districts are established up to twenty years in advance of actual planned
development. As a result, many uses and structures in the city will become
“nonconforming uses” although they may be sound, well-maintained and attractive
assets to the community. The purpose of this chapter is to establish procedures for
dealing with nonconforming uses in a manner that will promote the implementation of
the comprehensive plan while providing temporary protection for nonconforming uses
that are sound, compatible, and not directly in the path of anticipated development.
(Ord. 1436 §2(part), 1981).
17.56.020 Definition.
“Legal nonconforming uses and structures” are those which do not conform to
provisions or requirements of the zoning ordinance or of the zoning districts in which
they are located, but were lawfully established prior to the effective date of the
ordinance codified in this title. (Ord. 1436 §2(part), 1981).
17.56.030 Classification criteria.
All nonconforming uses and structures within the city of Central Point shall be classified
as either Class A or Class B nonconforming uses, according to the following criteria:
A. Properties containing nonconforming uses or structures may be designated Class A
by the planning commission based upon findings that all of the following criteria apply:
1. Continuance of the existing use or structure would not be contrary to the public
health, safety or welfare, or to the spirit of this title;
2. The continued maintenance and use of the nonconforming property is not likely to
depress the values of adjacent or nearby properties, nor adversely affect their
development potential in conformance with present zoning;
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3. The use or structure was lawful at the time of its inception and no useful purpose
would be served by strict application of the provisions or requirements of this chapter
with which the use or structure does not conform;
4. The property is not predominantly surrounded; by conforming uses or structures and,
considering current growth and development trends, is not reasonably expected to
come under development pressures during the next five years;
5. The property is structurally sound, well-maintained, and occupied and used for the
purpose for which it was designed;
6. Continuance of this nonconforming use will not in any way delay or obstruct the
development or establishment of conforming uses on the subject property or on any
adjacent or nearby properties in accordance with the provisions of the zoning ordinance.
B. All nonconforming uses and structures not designated Class A shall become Class B
nonconforming uses or structures. (Ord. 1615 §10, 1989; Ord. 1436 §2(part), 1981).
17.56.040 Procedures for Class A designation.
A. All properties within the city of Central Point that meet the classification criteria listed
in Section 17.56.030(A) or (B) shall be identified on a map of the city kept in and
maintained by the planning department.
B. A request to change the designation of a property or group of properties may be
initiated by city staff, the planning commission, the city council, or by a property owner
or his representative by the following procedure:
1. A written application shall be filed setting forth the name and address of the applicant,
legal description of the property or properties affected, and other information as may be
necessary or helpful in decision-making;
2. The applicant shall state in the application the ways in which the property is, or will
be, consistent with each of the classification criteria listed in Section 17.56.030(A);
3. The application shall be scheduled for consideration at a regularly scheduled
planning commission meeting. A denial by the planning commission may be appealed
to the city council;
4. The application shall be accompanied by an application fee defined in the city’s
adopted planning application fee schedule;
5. Because this procedure involves only a minor change in the designation of a
nonconforming use and does not involve a variance, conditional use permit, or
amendment to the zoning ordinance, comprehensive plan or related maps, public
hearings are not required;
6. The planning commission, or city council, upon appeal, may attach conditions,
including any time limit, where necessary, to assure that the use or structure does not
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become contrary to the public health, safety or welfare or the spirit and purpose of this
title;
7. Upon approval of a designation change to Class A, such change shall be reflected on
the map of nonconforming uses, as described in subsection A of this section. (Ord.
1786 §7, 1998; Ord. 1684 §51, 1993; Ord. 1615 §11, 1989; Ord. 1436 §2(part), 1981).
17.56.050 Revocation of Class A designation.
A. Any Class A designation may be revoked, following the same procedure required for
designation, upon a finding that, as a result of any change of conditions, trends, use,
nearby development, or other circumstances, the use or structure no longer qualifies for
Class A designation.
B. Upon revocation of a Class A designation, the property and its structures and uses
shall revert to Class B nonconforming uses and subject to the regulations contained in
Section 17.56.060(B). (Ord. 1436 §2(part), 1981).
17.56.060 Regulations pertaining to Class A and B nonconforming uses.
A. The following regulations shall apply to all designated Class A nonconforming uses
and structures:
1. Class A nonconforming uses and structures shall be permitted to continue in
accordance with the provisions and requirements of the most restrictive zoning district in
which the use or structure would normally be listed as a permitted use; or conditional
use if not listed as a permitted use in any district;
2. Existing legal nonconforming structures and uses shall be permitted to expand,
remodel, or otherwise be physically or structurally improved, provided such
improvements are in accordance with all applicable codes in effect at the time of the
improvements;
3. A Class A nonconforming use shall not be resumed if it has been discontinued for a
continuous period of at least twelve months or if it has been changed to a conforming
use for any period;
4. No Class A structure or property shall be used, altered or enlarged in violation of any
condition that was imposed by the planning commission or city council at the time of its
designation as Class A;
5. If a nonconforming structure, or structure containing a nonconforming use, is
destroyed by any cause to an extent exceeding fifty percent of the appraised value, as
determined by the records of the county assessor, a future structure or use on that
property shall conform to the regulations for the district in which it is located; provided,
however, that this subsection shall not apply to buildings which have been designated
by the city as historic buildings pursuant to Chapter 17.70 of this title;
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6. Nothing contained in this title shall require any change in the plans, construction,
alteration or designated use of a structure for which a valid building permit existed prior
to the adoption of the ordinance codified in this title, except that if the use will be
nonconforming and designated Class A, it shall be subject to all appropriate provisions
of this section and shall be considered discontinued if not in operation within one year of
the date of issuance of the building permit. The owner of such discontinued use may
apply for reinstatement of the Class A nonconforming use designation by following the
procedure established in Section 17.56.040(B) of this chapter.
B. The following regulations shall apply to all designated Class B nonconforming uses
and structures:
1. Routine maintenance, upkeep, and structural repairs may be performed on a Class B
nonconforming use, site or structure;
2. In no case shall a nonconforming use be enlarged or otherwise expanded, and no
structure, the use of which is nonconforming, shall be moved on the lot, altered or
enlarged, nor shall the floor space allocated to a nonconforming use be moved, altered
or enlarged, unless required by law or unless such moving on the lot, alteration or
enlargement will result in the elimination of the nonconforming use;
3. The planning commission, or city council, on appeal may grant an application for a
change of use, filed in accordance with Chapter 17.76 of this title if, on the basis of the
application and the evidence submitted, the following findings are made:
a. That the proposed use will not more adversely affect the character of the district or
neighborhood in which it would be located than did the existing or preexisting use,
b. That a nonconforming use of a building may be extended throughout those parts of a
building which were designed or arranged for such use prior to the date when such use
became nonconforming; provided, that no structural alterations are made other than
those required by law;
4. If a Class B nonconforming structure, or structure containing a nonconforming use, is
destroyed by any cause to an extent exceeding fifty percent of the appraised value, as
determined by the records of the county assessor, any future structure or use on that
property shall conform to the regulations for the district in which it is located;
5. If any Class B nonconforming use has been changed to a conforming use, or if the
nonconforming use of any building, structure, or premises ceases for a period of six
months or more, said use shall be considered abandoned, and said building, structure
or premises shall thereafter be used only for uses permitted as a matter of right or as a
conditional use in the district in which it is located;
6. Nothing contained in this title shall require any change in the plans, construction,
alteration or designated use of a structure for which a valid building permit existed prior
to the adoption of the ordinance codified in this title, except that if the use will be
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nonconforming and designated Class B, it shall be subject to all appropriate provisions
of this section and shall be considered discontinued if not in operation within one year of
the date of issuance of the building permit;
7. If a Class B nonconforming structure containing a nonconforming use is removed
from a lot, any future structure on that property shall conform to the regulations for the
district in which the lot is located. (Ord. 1762 §1, 1997; Ord. 1615 §47, 1989; Ord. 1451
§1, 1982; Ord. 1436 §2(part), 1981).
Sections:
17.56.010 Purpose.
17.56.020 Nonconforming Use.
17.56.030 Nonconforming Development.
17.56.040 Nonconforming Lot.
17.56.010Purpose.
The purpose of this chapter is to establish standards and procedures for the
continuation of uses and developments that are lawfully established but do not
comply with the current Code standards (“nonconforming situations”). It is the
intent of this Chapter to protect the public health, safety and welfare while
allowing reasonable use of private property. There are three nonconforming
situations addressed in this chapter as follows:
A. Nonconforming uses (e.g. industrial use in residential zone) are subject to
subsection 17.56.020.
B. Nonconforming developments (e.g. a structure does not meet setback,
height or other development standards) are subject to subsection
17.56.030.
C. Nonconforming lots (e.g. a lot is smaller than the minimum area standards)
are subject to subsection 17.56.040.
17.56.020Nonconforming Use.
Nonconforming uses that were lawfully established, but that would not be
permitted under the current Code, may continue subject to conformance with the
following requirements:
A.Location. The nonconforming use shall not be moved in whole or in part
from one lot to another lot, except to bring the use into conformance with
this Code.
B.Expansion. A nonconforming use may be expanded up to 20% of the
subject site or building area provided that the expansion does not create
any new, or expand any existing, physical nonconformity of the site or
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building. Expansions authorized herein shall be processed using Type I
land use procedures set forth in CPMC 17.05.200.
C.Discontinuation or Abandonment. A nonconforming use that is
discontinued for any reason for more than 12 months shall be deemed
abandoned and no longer be an allowed use. For purposes of calculating
the 12 month period, a use is discontinued when:
1.The use of land is physically vacated;
2.The use ceases to be actively involved in the sale of merchandise or
the provision of services; for example, as evidenced by the removal
of signs, goods, stock or office equipment, or the disconnection of
telephone or utility service;
3.Any lease or contract under which the nonconforming use has
occupied the land is terminated; or,
4.A request for final reading of water and power meters is made to
applicable utility districts.
17.56.030Nonconforming Development
Nonconforming developments include structures, buildings, and site
improvements that were lawfully established but that include conditions that
could not be built under the terms of the current Code, due to changes in
development standards, such as, lot coverage, setbacks, building height, access,
landscaping, parking or other standards. Nonconforming development may
remain on the site so long as it remains otherwise lawful and complies with the
following regulations:
A. Alterations. A nonconforming development can be enlarged or altered in a
way that does not increase its nonconformity, through a Type I review. For
example, an addition to an existing building that does not meet a required
setback could be approved provided the building line does not further
encroach on the nonconforming setback.
B. Destruction. In the event a nonconforming development or nonconforming
portion of a development is destroyed by fire, flood or other catastrophe
beyond the owner’s control, the nonconforming development may be
reconstructed within 24 months in a manner that does not increase the
nonconformity as it existed before the event. If the development is not
reconstructed and received certificate of occupancy or is substantially
complete within 24 months, the nonconformity shall no longer be allowed
and reconstruction shall only be in full conformity with this Code.
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C. Roadway Access. Notwithstanding the foregoing provisions, the owner of a
nonconforming driveway approach or access to a public street or highway,
upon receiving land use or development approval, may be required as a
condition of approval to bring the nonconforming access into conformance
with the standards of the applicable roadway authority.
D. Relocation or Removal. Once a nonconforming structure or a portion of a
nonconforming structure or development is moved, it shall thereafter
conform to current standards.
CPMC 17.56.040 Nonconforming Lot
A. A lot of record, or a parcel of land for which a deed or other instrument
dividing the land was recorded with Jackson County prior to May 5, 1980,
which has an area or dimension less than required by this code, shall be
considered legally nonconforming and may be developed and occupied by
a permitted use subject to compliance with the minimum standards of this
code.
B. The taking by eminent domain action of a portion of an existing legal
nonconforming lot shall not affect the legal right of the owner to use the
remainder of such lot in any manner that would have been legal prior to the
taking.
C. If, by the taking by eminent domain action of a portion of a lot, which
includes a legal non-conforming sign(s), said sign(s) may be moved to
another location on the remaining portion of the lot, as permitted by the
Planning Director (or designee), with the signs retaining their legal
nonconforming status. Such relocated sign shall otherwise be in
conformance with all standards of the Zoning Code.
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CPMC 17.57, Fences
Sections:
17.57.010 Applicability. Chapter application.
17.57.020 General regulations.
17.57.030 Fences in the stream setback area.
17.57.040 Prohibited fence types.
17.57.050 Violation--Penalty.
17.57.010 Chapter application.
This chapter will apply to all zone classifications within the city as listed in this title. All of
the provisions of Chapters 12.20 and 17.67 relating to the location, placement, and
height of fences are also applicable to fences affected by this chapter. (Ord. 1981 §2
(Exh. B) (part), 2014; Ord. 1846 §2(part), 2003).
17.57.020 General regulations.
A. Fence Permits. A fence permit is required for all fences constructed within a
public right-of-way, per Section 12.20.020. Fences in the floodplain are regulated
in accordance with the provisions established in Section 8.24.260(A).
B. Building Permits. A building permit for the following structures shall be
accompanied by a permit fee and a plan review fee in an amount based on
valuation per the building department fee schedule as adopted by the city:
1. Barriers around swimming pools, as required by the 2023 Oregon
Residential Specialty Code 2003 State of Oregon Dwelling Specialty Code,
Chapter 41 and Appendix G; and the 2022 Oregon Structural Specialty
Code. 1998 Oregon Structural Specialty Code, Appendix Chapter 4;
2. Retaining walls over four feet in height measured from the bottom of the
footing to the top of the wall; and
2.Retaining walls, any height, supporting a surcharge regulated building or
restraining material that, if not restrained could impact a regulated
building.
3. Electrified fences, any height, except where the code provides
otherwise.
C. Setbacks and Design Criteria.
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Table 17.57.01 – Fence Regulations
R-L R-1 R-2 R-3 C-N C-
2(M)C-4 C-5 M-1 M-2 Civic
Maximum Fence Height 6'6'6'6'6'6'6'6'6'
8’
6'
8’
8’
Fence Permit Required a,
a-
1
a,
a-
1
a,
a-
1
a,
a-
1
a,
a-
1
a,
a-1
a,
a-
1
a,
a-
1
a,
a-1
a,
a-
1
a,
a-1
Front Yard Setback For 6' Fences 6’ and
Greater
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
20'
b
20’
Side Yard Setback 0'0'0'0'0'0'0'0'0'0'0’
Rear Yard Setback 0'0'0'0'0'0'0'0'0'0'0’
Corner Lot 10'
c
10'
c
10'
c
10'
c
10'
c
g
10'
c
10'
c
g
10'
c
g
10'
c
g
10'
c
g
10'
c
g
Masonry Walls, Retaining Walls, Fences
Over 6' in Height
e e e e e e e e e e e
Fences in Floodplain or Drainage
Easements
e e e e e e e e e e e
Setbacks for Gates 20'20'20'20'20'20'20'20'20'20'e
Variances f f f f f f f f f f e
a: An encroachment permit is required for fences constructed in the public right-of-way.
a-1: A building permit is required for fencing around swimming pools, masonry walls and
retaining walls.
b: Forty-two-inch-high maximum fence height allowed within front yard setback area.
c: No fencing will conflict with the sight distance requirements set by
Section 17.60.110 and Chapter 17.60.
d: Fence height will be measured from the finished grade on the side nearest the street.
e: See Section 8.24.260(A) for specific fence construction standards for fences located
in or adjacent to a recognized floodplain. No fence shall impede or divert the flow of
water through any drainage easement unless it can be determined that the fence will
not adversely impact any property owner and will not adversely impact the overall
drainage system.
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f: Requests for exceptions to the standards in Table 17.57.01 shall be made by
application in accordance with Chapter 17.13.
g. Corner setback adjacent to a street for all zones shall be the street frontage
minimum planting area width based on street classification pursuant to CPMC
17.75.039(G), Table 17.75.03.
(Ord. 2014 §8, 2015; Ord. 1981 §2 (Exh. B) (part), 2014; Ord. 1969 §1(part), 2013; Ord.
1948 §1, 2011; Ord. 1846 §2(part), 2003).
17.57.030 Fences in the stream setback area.
Fences are prohibited inside floodways as designated on the Federal Insurance Rate
Maps (FIRMs) for the city of Central Point. However, some types of fences and other
improvements can be allowed within the recommended building setbacks for properties
abutting a stream subject to the criteria set forth in Section 8.24.260(A). (Ord. 1948 §2,
2011; Ord. 1846 §2(part), 2003).
17.57.040 Prohibited fence types.
1. Barbed wire fencing or other like material, which creates an unreasonable or
unnecessary risk of injury.
2. Block or retaining walls, which create impervious water barriers within a stream
setback area as provided in Section 8.24.260. (Ord. 1948 §3, 2011; Ord. 1846
§2(part), 2003).
3.It shall be unlawful to install, maintain or operate an electrified fence in
violation of this section. The construction and use of electrified fences
shall be allowed in the city only as provided in this section, and sections
17.57.010 to 17.57.030 subject to the following standards. For purposes
of this section an electrified fence is any fence, barrier or enclosure
partially or totally enclosing a building, field or yard, carrying any
electrical pulse or charge through any part, section or element thereof.
Electrified fence does not include underground wireless fencing
(invisible fencing) which consists of an electronic system that uses a
buried wire and radio signal to keep dogs or other animals from leaving
the yard, which is permitted in any zone. Electrified fence does not
include a battery charged fence, as defined in section 17.57.045 below.
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a.Electrified Fences shall be permitted in the M-1 and M-2 zone subject
to compliance with the standards below. Electrified fences are
prohibited in all other zones.
b.Permitted Electrified fences shall comply with the following:
A.Permits Required. Electrified fences shall only be installed under
a permit issued by the Building Department. Prior to initially
energizing an electrified fence, the property owner or owner’s
agent shall contact the Fire Department to ensure fire officials
inspect the premise for compliance and the location is added to
the Fire Department’s electrified fence registration list.
B.Electrification. The electric charge produced by the fence upon
contact shall be non-lethal, and shall not exceed the energizer
characteristics set forth in the International Electrotechnical
Commission (IEC) Standard No. 60335-2-76, 2018 edition. All
electrical components shall bear the label of a testing agency
recognized by the State of Oregon Department of Consumer and
Business Services, Building Codes Division. The electrified fence
shall be installed and used in accordance with the Oregon
Electrical Specialty Code and Oregon Structural Specialty Code,
the listing, and the manufacturer’s installation instructions.
i.The energizer for electrified fences shall be driven by a
commercial storage battery or batteries, not to exceed 12
volts DC. The storage battery or batteries may be charged
either by a solar panel, or a commercial trickle charger, or a
combination of both. AC current shall not be used to energize
any electrified fence.
C.Fence Details. Electrified fences shall be constructed in the
following manner:
i.Maximum Height. Electrified fences shall not exceed 8 feet in
height.
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ii.Perimeter Fence. No electrified fence shall be installed or
used unless it is completely surrounded by a non-electrified
perimeter fence in order to separate the electrified fence
from the abutting property line and right-of-way. The non-
electrified perimeter fence shall be installed under the
regulations and height limitations in CPMC Chapter 17.57. The
minimum height for the non-electrified perimeter fence shall
be six feet. The electrified and non- electrified perimeter
fence shall be separated by no more than 12 inches.
iii.Setbacks. Electrified fences shall not be located in the front
yard setback, required landscaping areas, or required
bufferyard areas. No electrified fence shall be installed within
12 inches/feet of a property line.
iv.Fence Standards in conjunction with a Bufferyard. When a
bufferyard exists, the applicant shall provide photographs of
the existing fence or wall and vegetation. When a bufferyard
does not exist and is required under current code, the non-
electrified fence or wall shall be of solid construction (e.g.
wood, concrete, masonry block) and the minimum height
shall be eight feet and can be located at the property line.
D.Warning Signs. Electrified fences shall be clearly identified with
warning signs in English and in Spanish that read: "Warning-
Electric Fence" and include the international symbol for an
electrical hazard at intervals not to exceed thirty feet. The
warning signs shall be mounted on both sides of the electrified
fence. The signs shall be reflective with a minimum two-inch
letter height, minimum stroke of one-half inch and with a
contrasting background.
E.Emergency Access. Fire Department access shall be provided in
accordance with the Fire Code and the Oregon Structural
Specialty Code. When a vehicle gate opens automatically, it shall
open using a sensing device approved by the Fire Department.
The vehicle gate shall provide a means for the Fire Department to
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egress through the gate. Power to the electrified fence, excluding
gate opening controls, shall be deactivated upon automatic Fire
Department access through the gate. In addition, an approved
Knox key box or approved equivalent shall be provided at an
exterior location for any keyed locks or keyed gates for
immediate emergency access necessary for life-saving or fire-
fighting purposes. An approved method to manually disconnect
electrical power to all portions of the fence and gates, such as a
“Knox Remote Shunt Control Station”, shall be provided at an
exterior location. The method and location of both the key box
and the electrical disconnect shall be approved by the Medford
Fire Code Official.
F.Hours of Operation. An electrified fence shall only be energized
during the hours when the general public does not have legal
access to the protected property.
G.Surveillance. Electrified fences shall be part of a functioning
security system and monitored 24 hours a day.
H.Compliance. In addition to the remedies set forth in CPMC
17.57.050, failure to maintain an electrified fence in conformance
with the standards set forth in this section may result in the
fence being declared a public nuisance subject to abatement
under Central Point Municipal Code 8.04.
17.57.045 Battery-charged Fence.
A. Definitions.
1. A “battery charged fence” means a fence that interfaces with an alarm
system in a manner that enables the fence to cause the connected
alarm system to transmit a signal intended to summon law
enforcement in response to an intrusion and has an energizer that is
driven by battery.
2. An “alarm system” means any electrical, mechanical or electronic
device or sensor used to prevent, detect or alert law enforcement or
occupants of burglary, theft, or intrusion of a structure or a vehicle
used as a commercial structure.
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B. Standards.
1. A battery-charged fence:
a. Must use a battery that is not more than 12 volts of direct
current;
b. Must produce an electric charge on contact that does not
exceed energizer characteristics set for electric fence
energizers by International Electrotechnical Commission (IEC)
standards;
c. Must be surrounded by a nonelectric perimeter fence or wall
that is not less than five feet in height;
d. May not be higher than the greater of 8 feet in height or two
feet higher than the height of the nonelectric perimeter fence
or wall, whichever is less;
e. Must be marked with conspicuous warning signs that are
located on the fence at not more than 30-foot intervals and that
read: “WARNING: ELECTRIC FENCE.”
f. Shall not be installed in any property zoned for, or in use as,
residential property; and
g. Must obtain an alarm permit from the city if such permit
requirements exist.
17.57.050 Violation--Penalty.
Upon discovering any violation of the restrictions imposed by this chapter, except a
violation of Section 12.20.020, enforcement will be governed by the provisions of
Chapter 17.04.090. (Ord. 1969 §1(part), 2013; Ord. 1846 §2(part), 2003).
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CPMC 17.60.190, Home Occupations
A. Purpose and Scope. Home occupations are activities accessory to
residential uses. The intention of the home occupation permit for residential
zones is to provide for a limited service-oriented business activity which is
conducted in such a manner that the residential character of the building and the
neighborhood is preserved. Home occupations have special regulations that
apply to ensure that they will not be a detriment to the character and
livability of the surrounding neighborhood and remain subordinate to the
residential use, and that the residential viability of the dwelling is
maintained.
B. Permit Transfers. No permit for a home occupation shall be transferred or
assigned, nor shall the permit authorize any person other than the person
named therein to commence or carry on the occupation for which the permit was
issued.
C.Prohibited Uses. The following uses are prohibited as a home occupation:
1. Any type of business or occupation involving repair, assembly, body
work or painting of vehicles, recreational vehicles, boats, or equipment
with internal combustion engines (such as autos, motorcycles,
scooters, snowmobiles, outboard marine engines, lawn mowers, chain
saws, and other small engines) or of large appliances (such as washing
machines, dryers, and refrigerators) or any other work related to
automobiles and their parts;
2. Motor vehicle sales;
3. Junk and salvage operations;
4. Headquarters or dispatch centers where employees come to the site
and are dispatched to other locations.
5. Any home occupation in which one or more employees or more than 3
customers come to the site. Examples are counseling, tutoring, hair
cutting/styling, and/or nail salon.
C. D. Permit Required. The city manager, or his designate, The Planning Director or
their designee (the “director”) shall issue a home occupation permit as a Type I
Review if, and only if, he the Director finds that all of the following the criteria stated in
CPMC 17.60.190.E are, and will be, met by the individual applicant. The permit may
include conditions setting an expiration date, requiring periodic review and renewal,
requiring the applicant to sign an acknowledgement of the conditions, or other
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conditions specifically dealing with the property use involved, where such conditions are
found to be reasonably necessary to maintain the criteria herein mentioned. Home
occupation permits are a renewable and revocable permit for a one-year period.
Permits may be renewed for one-year periods upon payment of a renewal fee, and
continued compliance with this chapter, and further provided that the permit has
not been revoked pursuant to the provisions of 17.60.190.G below.
E. Home Occupation Standards. A home occupation permit must satisfy the
following criteria:
1. Subject to the limitations of subsection E.2 below, the The home occupation
must be conducted solely within the confines of an completely within enclosed
structures on the site (accessory structure, garage, or the main dwelling) and, if
within the main dwelling, the home occupation shall not exceed ten percent of the
total floor area;
2. Carports shall not be used for the home occupation. A portion of a garage may
be used for the home occupation only if the applicant can show that there will be
no resulting loss in the number of required off-street parking spaces;
3. No signs associated with such a use shall be permitted;
4. The occupation shall be conducted by a member or members of the family
persons lawfully residing in the dwelling on the property as an incidental use to
the primary residential use. No additional person or persons shall be employed;
5. In conducting the home occupation, there shall be no mechanical noise so loud,
unusual, or penetrating as to cause discomfort or annoyance to adjacent residents;
no such noise shall be perceptible on any adjacent property; Reserved.
6. The home occupation shall not have utility services other than those required for
normal residential use;
7. There shall be no entrance nor exit specifically provided in the dwelling or on the
premises for the conduct of the home occupation;
8. The home occupation use shall not generate more than ten vehicle trips per day
(deliveries and/or customers), not counting the vehicle trips not associated with
the home occupation use. Each departure from and each arrival to the
property shall be counted as a separate trip;
9. The electrical, plumbing or structural elements of the dwelling shall not be
significantly altered in order to accommodate the home occupation;
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10. The yards, landscaping and exterior of the structure shall not be altered from
their residential character in order to make the site appear to be a commercial
business.
11. Outdoor storage, including but not limited to trailers, inventory, supplies,
equipment or goods, visible from the public right-of-way or adjacent
properties or common areas is prohibited.
F. Impact-Related Standards
1. Hazardous substances. Hazardous substances are prohibited, except
that consumer quantities are allowed. Consumer quantities of hazardous
substances are packaged and distributed in a form intended or suitable for sale
through retail sales outlets for consumption by individuals for purposes of
personal care and household use.
2. Noise. The maximum noise level for a home occupation is 50 dBA. Noise
level measurements are taken at the property line. Home occupations that
propose to use power tools must document in advance that the home occupation
will meet the 50 dBA standard. (Alternative is existing language: In conducting the
home occupation, there shall be no mechanical noise so loud, unusual, or penetrating
as to cause discomfort or annoyance to adjacent residents; no such noise shall be
perceptible on any adjacent property)
3. Vehicles. No more than one vehicle may be used in association with the
home occupation. The maximum size of the vehicle used in association with the
home occupation is a pickup truck in the medium truck category.
4. Deliveries. Truck deliveries or pick-ups of supplies or products,
associated with the home occupation, are allowed at the home only between 8 am
and 5 pm. Vehicles used for delivery and pick-up may not include heavy trucks.
F.D. Fee Required. At the time of application to the city manager, or his designate, for a
home occupation permit, the applicant is required to pay, in addition to an annual
business license fee, a fee defined in the city’s adopted planning application fee
schedule. This application fee is nonrefundable.
G.E. Revocation/Termination.
1. The permit may be revoked by the city manager director, if the director
determines that a violation of the permit requirements or conditions exists.
Determinations that a home occupation is in violation include but are not limited
to:
a. Generation of excessive traffic;
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b. Monopoly of on-street parking spaces;
c. Frequent deliveries and pickups by motor freight trucks;
d. Excessive noise;
e. Smoke, fumes or odors in excess of those created by normal residential
use;
f. Failure to meet or maintain compliance with this chapter.
g. Other offensive activities not in harmony with a residential
neighborhood.
. for violation of any conditions imposed or authorized, or when it has been found
that the occupation is being conducted in violation of any state statute or city ordinance
in a disorderly manner, to the detriment of the public, or when the occupation is being
carried out by a person other than that named on the permit. The city manager, before
revoking a permit, shall give the permittee reasonable notice and an opportunity to be
heard.
h. Failure to pay the renewal fee by the anniversary date of the permit.
2. Notice of Violation. Upon a determination by the director that a violation
exists, the permit holder will be notified of the violation by certified letter at the
address listed on the permit, and the time period in which the violation must be
corrected. If the alleged violation has not been corrected within 15-days of the
date of the letter, or appealed the notice of violation within 10-days as provided in
subsection (3) below, the director may revoke said permit.
3. Upon Notice of Violation of the permit, an appeal of the decision may be
made to the planning commission, as provided in CPMC 17.60.170. The
revocation of the home occupation permit does not take effect until the expiration
of the appeal period, or in the event of a timely appeal, final determination of the
appeal. The planning commission, upon hearing the evidence may:
a. Approve the use as it exists;
b. Require the use be terminated; or
c. Impose appropriate restrictions such as limiting hours of operation,
establishing a phase-out period, or other measure ensuring compatibility with the
residential character of the neighborhood.
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H.. G.Existing Uses. Persons engaged in home occupations lawfully in existence on
residentially-owned premises on the effective date of the amendment codified in this
section may continue to thus operate but shall be required to secure a permit
hereunder, and any such activity, use, or accessory sign, device or structure, or part
thereof, which does not conform to this section shall not be permitted to expand or
enlarge and shall be removed or terminated upon (1) change of use or ownership of the
premises; or (2) written complaint of adjacent neighboring property owners, after due
notice and hearing, if the city manager director finds that the interference with the use
and enjoyment of the neighboring premises is such as to defeat the purpose of the
zoning ordinance; or (3) upon expiration of a permit term issued prior to adoption
of this ordinance.
I.H. Nothing in this section or any other code provision shall be construed to require the
issuance of a home occupation permit for a “residential home” or a “residential facility,”
as those terms are defined in Oregon Revised Statutes 197.660. (Ord. 1969 §1(part),
2013; Ord. 1786 §8, 1998; Ord. 1735 §1, 1996; Ord. 1711 §2, 1994; Ord. 1471 §1,
1982; Ord. 1436 §2(part), 1981).
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CPMC 17.76, Conditional Use Permits
Sections:
17.76.010 Purpose.
17.76.011 Approvals Process Application and review.
17.76.020 Submittal Requirements Information required.
17.76.040 Criteria, Standards and Conditions of Approval Findings and conditions.
17.76.060050 Expiration.
17.76.070060 Revocation.
17.76.080 Appeal.
17.76.090 Effect.
17.76.110 Mapping.
17.76.120 Change of ownership.
17.76.010 Purpose.
In certain districts, conditional uses are permitted subject to the granting of a conditional
use permit. Because of their There are certain uses, which due to the nature of their
impacts on surrounding land uses and public facilities require a case-by-case
review and analysis. Conditional uses are identified in each zoning district
chapter within this title. The purpose of this chapter is to provide procedures and
standards for permitting conditional uses. (Ord. 1436 §2(part), 1981).
17.76.011 Approvals Process. Application and review.
In accordance with CPMC 17.05.100, Table 17.05.01, Conditional Use Permits are
subject to Type III review procedures in CPMC 17.05.400. The Planning
Commission in rendering a decision on the Conditional use Permit may require
an annual or less frequent renewal of conditional use permits. Modifications to an
approved conditional use permit are subject to CPMC 17.09, Modifications to
Approved Plans and Conditions of Approval. (Ord. 1786 §10, 1998; Ord. 1436
§2(part), 1981).
17.76.020 Submittal Requirements. Information required.
In addition to the submittal requirements for Type III review under CPMC
17.05.400, applications for conditional use permits shall include a description of
existing conditions, a site plan and information on any recorded and proposed
restrictions or covenants and applicable information for Site plan and
Architectural Review submittal requirements in CPMC 17.72.030(B) and (C). An
application for a Conditional Use Permit shall also contain a narrative report or
letter responding to the approval criteria in Section 17.76.040 below.
An application for a conditional use permit shall include the following information:
A. Name and address of the applicant;
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B. Statement that the applicant is the owner of the property or is the authorized agent of
the owner;
C. Address and legal description or the assessor’s parcel number of the property;
D. An accurate scale drawing of the site and improvements proposed. The drawing
must be adequate to enable the planning commission to determine the compliance of
the proposal with the requirements of this title;
E. A statement indicating the precise manner of compliance with each of the applicable
provisions of this title together with any other data pertinent to the findings prerequisite
to the granting of a use permit. (Ord. 2014 §12, 2015; Ord. 1436 §2(part), 1981).
17.76.040 Findings and conditions.
The planning commission in granting a conditional use permit shall find as follows:
A. That the site for the proposed use is adequate in size and shape to accommodate
the use and to meet all other development and lot requirements of the subject zoning
district and all other provisions of this code;
B. That the site has adequate access to a public street or highway and that the street or
highway is adequate in size and condition to effectively accommodate the traffic that is
expected to be generated by the proposed use;
C. That the proposed use will have no significant adverse effect on abutting property or
the permitted use thereof. In making this determination, the commission shall consider
the proposed location of improvements on the site; vehicular ingress, egress and
internal circulation; setbacks; height of buildings and structures; walls and fences;
landscaping; outdoor lighting; and signs;
D. That the establishment, maintenance or operation of the use applied for will comply
with local, state and federal health and safety regulations and therefore will not be
detrimental to the health, safety or general welfare of persons residing or working in the
surrounding neighborhoods and will not be detrimental or injurious to the property and
improvements in the neighborhood or to the general welfare of the community based on
the review of those factors listed in subsection C of this section;
E. That any conditions required for approval of the permit are deemed necessary to
protect the public health, safety and general welfare and may include:
1. Adjustments to lot size or yard areas as needed to best accommodate the proposed
use; provided the lots or yard areas conform to the stated minimum dimensions for the
subject zoning district, unless a variance is also granted as provided for in
Chapter 17.13,
2. Increasing street widths, modifications in street designs or addition of street signs or
traffic signals to accommodate the traffic generated by the proposed use,
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3. Adjustments to off-street parking requirements in accordance with any unique
characteristics of the proposed use,
4. Regulation of points of vehicular ingress and egress,
5. Requiring landscaping, irrigation systems, lighting and a property maintenance
program,
6. Regulation of signs and their locations,
7. Requiring fences, berms, walls, landscaping or other devices of organic or artificial
composition to eliminate or reduce the effects of noise, vibrations, odors, visual
incompatibility or other undesirable effects on surrounding properties,
8. Regulation of time of operations for certain types of uses if their operations may
adversely affect privacy of sleep of persons residing nearby or otherwise conflict with
other community or neighborhood functions,
9. Establish a time period within which the subject land use must be developed,
10. Requirement of a bond or other adequate assurance within a specified period of
time,
11. Such other conditions that are found to be necessary to protect the public health,
safety and general welfare,
12. In considering an appeal of an application for a conditional use permit for a home
occupation, the planning commission shall review the criteria listed in
Section 17.60.190. (Ord. 1823 §5, 2001; Ord. 1684 §72, 1993; Ord. 1615 §55, 1989;
Ord. 1533 §1, 1984; Ord. 1436 §2(part), 1981).
17.76.040 Criteria, Standards and Conditions of Approval
The Planning Commission shall approve, approve with conditions, or deny an
application for a conditional use, including requests to enlarge or alter a
conditional use, when all of the criteria and standards in item (A) can be met
outright or as conditioned in accordance with item (B), below.
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, odor, dust, visibility, safety, and aesthetic
considerations;
2. The negative impacts of the proposed use, if any, on adjacent properties
and on the public can be mitigated through application of other Code
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standards, or other reasonable conditions of approval;
3. All required public facilities, including water, sanitary sewer, and
streets, have adequate capacity or are to be improved to serve the use,
consistent with City standards; and,
4. A conditional use permit shall not allow a use that is prohibited or not
expressly allowed in the base zoning district; nor shall a conditional use
permit grant a variance without a variance application being submitted
and reviewed along with the conditional use application.
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, one or more of 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 or structure height, size, lot coverage, and/or
location on the site;
5. Designating the size, number, location, and/or design of vehicle access
points or parking and loading areas;
6. Requiring street right-of-way to be dedicated and street improvements
made, or the installation of pathways or sidewalks, as applicable;
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, type, design, and/or
intensity of outdoor lighting;
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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;
13.Requiring improvements to water, sanitary sewer, or storm drainage
systems, in conformance with City standards; and,
14.The Planning Commission may require review and renewal of
conditional use permits annually or in accordance with another
timetable as approved pursuant to this chapter. Where applicable, the
timetable shall provide for periodic review and renewal, or expiration, of
the conditional use permit to ensure compliance with conditions of
approval; such period review may occur through a Type III review
process, except where the Planning Commission delegates authority to
the City Planning Official to issue renewals, who shall do so through a
Type I or Type II procedure, as applicable (see Chapter 17.05 for review
procedures).
17.76.050 Expiration.
A. A conditional use permit shall lapse and become void one year following the date
on which it became effective, unless:
1. By conditions of the conditional use permit, a greater or lesser time is
prescribed as a condition of approval;
2. Prior to the expiration of one year, a building permit is issued by the city and
construction is commenced and diligently pursued toward completion; or
3. If no building permit is required in the particular case, the conditionally-
approved use has been commenced.
B. The community development director may extend the conditional use permit for
an additional period of one year, subject to the requirements of Chapter 17.05.
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C. If the time limit for development expired and no extension has been granted, the
conditional use permit shall be void. (Ord. 1941 §10, 2010; Ord. 1684 §73, 1993;
Ord. 1436 §2(part), 1981).
17.76.070060 Revocation.
A. The commission, on its own motion, at a public hearing, may revoke any conditional
use permit for noncompliance with the conditions set forth in granting said permit.
Notice of public hearing shall be given as in Chapter 17.05.
B. If an established time limit for development expires and no extension has been
granted, the conditional use permit shall be considered void. (Ord. 1615 §56, 1989; Ord.
1436 §2(part), 1981).
17.76.080 Appeal.
The decision of the planning commission may be appealed to the city council in the
manner prescribed by Chapter 17.05. (Ord. 1615 §57, 1989; Ord. 1436 §2(part), 1981).
17.76.090 Effect.
No building permit shall be issued in any case where a conditional use permit is
required until ten days after the granting of a conditional use permit, and then only in
accordance with the terms and conditions of said permit. An appeal from the action of
the commission shall automatically stay the issuance of the building or other permit until
such appeal has been completed and the council has acted thereon. In the event the
council grants said conditional use permit, the building permit may issue immediately in
accordance with such terms and conditions as may have been imposed in said permit.
(Ord. 1615 §53, 1989; Ord. 1436 §2(part), 1981).
17.76.110 Mapping.
Within thirty days after the granting of a conditional use permit, the permit application
file number shall be indicated on the zone map on the lot or lots affected by such permit.
(Ord. 1436 §2(part), 1981).
17.76.120 Change of ownership.
A conditional use permit granted pursuant to the provisions of this chapter shall run with
the land and shall continue to be valid upon a change of ownership of the site or
structure which was the subject of the use permit application, except as otherwise
provided in this chapter and in Section 17.60.190. (Ord. 1436 §2(part), 1981).
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Chapter 17.92
ENFORCEMENT
Sections:
17.92.010 Violations a nuisance.
17.92.020 Penalties.
17.92.010 Violations a nuisance.
Any building or structure set up, erected, constructed, altered, enlarged, converted,
moved or maintained contrary to the provisions of this title, and any use of any land,
building or premises established, conducted, operated or maintained contrary to the
provisions of this title is unlawful and a public nuisance, and the city attorney of the city
may, or upon order of the council shall, immediately commence action or proceedings
for the abatement and removal and enjoinment thereof in the manner provided by law,
and may take such other steps and apply to such courts as may have jurisdiction to
grant such relief as will abate and remove such building or from setting up, erecting,
building, maintaining or using any such building or structure or using property contrary
to the provisions of this title. The remedies provided for herein shall be cumulative and
not exclusive. (Ord. 1436 §2(part), 1981).
17.92.020 Penalties.
Any person, firm or corporation, whether as principal, agent, employee, or otherwise,
violating or causing the violation of any of the provisions of this title is guilty of a
misdemeanor and upon conviction thereof shall be punishable by the general penalty.
Such person, firm or corporation is guilty of a separate offense for each and every day
during any portion of which any violation of this title is committed or continued by such
person, firm or corporation, and shall be punishable as herein provided for each such
offense. (Ord. 1684 §75, 1993; Ord. 1436 §2(part), 1981).
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