HomeMy WebLinkAbout1082024 CAC Agenda PacketCITIZENS ADVISORY COMMITTEE
MEETING
AGENDA
October 8, 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 (Title 16 and 17)
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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Fall 2024 Code Amendments
CPMC 17.94, Annexation
CPMC 17.94, Annexation
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;
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one inch equals one hundred feet;
one inch equals two hundred feet.
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 india 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).
1.20.060 Waiver of fees.
The council may waive payment of fees at its discretion. (Ord. 1166 §6, 1974).
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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).
17.94 Annexation
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
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 (D) 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.Review Procedure. Except with regard to island annexations under CPMC 17.94.050, or as
otherwise provided in this chapter, annexations are subject to Type IV review per CPMC 17.05.100, Table 17.05.01.
D. Submittal Requirements. An application for annexation shall contain the following
information:
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
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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
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
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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 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
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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
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.
16.04.010 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.Uni
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.
14. “Minor partition” means a partition which does not include the creation of a road or street.
15. “Partition” means either an act of partioning 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.
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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 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.
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“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, 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 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 infrastructgure fo rhte
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).
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CPMC 16.40, Replats (New)
16.40.010 Applicability
16.40.020 Replat Process
16.40.010 Purpose
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 lot sin 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 Applicability
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 fo the previous plat and any additional
recording information shall be retained int eh 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 proposed property
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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 review within
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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 ground 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 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.
Page 18 of 59
Page 19 of 59
Title 17, Zoning
CPMC 17.04, Title—Purpose General Provisions
Sections:
17.04.010 Title.
17.04.020 Purposes.
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;
E. Promote development of an interconnected transportation system that
supports multiple modes of transportation, including but not limited to
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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 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.
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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 transferred 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 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 by invalid by a court of
competent jurisdiction, that decision shall not affect the validity of the remaining
portion of the Code.
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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
A. Zoning of Areas to be Annexed. Concurrent with annexation of land to the City of
Central Point, the City Council shall enact an ordinance applying applicable
zoning designation(s) to the subject land pursuant to CPMC 17.10. The
Comprehensive Plan shall guide the designation of zoning for annexed areas.
B. 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.
C. 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.
D. 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
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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.
E. Boundary Lines. Zoning district boundaries are determined pursuant to CPMC
17.12.030
F. 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
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 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).
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B. 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 set forth in CPMC 1.16. Every day in which a violation is caused or
permitted to exist constitutes a separate violation and shall be punishable as
herein provided for each such 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.
Page 25 of 59
CPMC 17.05.100, Table 17.05.1
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 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
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 5.44.040Chapter 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
Page 26 of 59
TABLE 17.05.1
LAND DEVELOPMENT
PERMIT*
PROCEDURAL
TYPE
APPLICABLE
REGULATIONS
APPROVING
AUTHORITY
120-DAY
RULE
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
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 17.94.050 for enclave annexations.
(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).
CPMC 17.08, Definitions
Commented [SP1]: Should we delete this to avoid
having to apply any land use procedural requirements
at this time?
Page 27 of 59
CPMC 17.12, Zoning Districts
Sections:
17.12.010 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.
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
R-L Residential low-density
R-1 Residential single-family
R-2 Residential two-family
R-3 Residential multiple-family
C-N1 Neighborhood convenience
shopping
C-4 Tourist and office-
professional
C-5 Thoroughfare commercial
M-1 Industrial
M-2 Industrial general
B.C.G.Bear Creek Greenway
OS Parks and Open Space
TOD Transit oriented development
overlay
LMR Low mix residential
MMR Medium mix residential
HMR High mix residential
Page 28 of 59
Abbreviation District
EC Employment commercial
GC General commercial
C Civic
OS Open space
(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).
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.
Page 29 of 59
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.
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).
Page 30 of 59
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).
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.
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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.
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:
Page 32 of 59
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.
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.
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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 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:
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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).
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 Intent
17.13.300 Adjustments
17.13.400 Variances
17.13.500 Expiration
17.13.100 Purpose.
This chapter provides standards and procedures for adjustments and variances, which
are modifications to land use or development standards that are not otherwise permitted
elsewhere in this title as exceptions to code standards.
17.13.200 Intent.
Adjustments and variances are intended to provide relief from code standards in specific
situations to allow reasonable use of land when varied geography and complexities of
land development require flexibility. Permitted uses are not eligible for modification
under the provisions of this Chapter. This chapter establishes the following procedures
to afford such flexibility while assuring that resulting development is compatible with
Page 35 of 59
adjacent properties and consistent with the intent of the Code.
A. 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. Adjustments are allowed in
limited situations pursuant to Section 17.13.030.
B. Variances. Variances provide greater flexibility to code standards than
adjustments, where the physical characteristics of a site or its surroundings
prevent reasonable development in compliance with a code standard.
17.13.300 Adjustments.
A. Applicability. Adjustments are minor modifications to Code standards that are
intended to provide reasonable flexibility for planned development. The
Community Development Director or designee may adjust the following standards
using a Type II procedures, set forth in CPMC 17.05.300 subject to the following
1. Setbacks. Up to a ten percent change to a minimum/maximum setback.
2. Lot Coverage: up to a 10 percent increase to the maximum lot coverage.
3. Lot Dimensions. Up to a 10 percent decrease to minimum lot area.
4. Lot Area. Up to a 10 percent decrease to minimum lot area.
5. 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.
B. 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:
1. 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 adjustment.
2. 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;
3. 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
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Variance;
4. An application for an Adjustment is limited to one pre-existing lot per
application;
5. Requests for more than one Adjustment on the same lot shall be
consolidated on one application and reviewed concurrently by the City;
6. Not more than two Adjustments may be approved for one lot or parcel; and,
7. All applicable building code requirements and engineering design
standards shall be met.
17.13.400 Variances.
A. Applicability. A variance is an exception to a code standard that does not
otherwise conform to the provisions of Section 17.13.030 and that meets all of the
criteria in Section 17.13.040(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 result in any foreseeable harm to adjacent property
owners or the public; and,
C. The variance does not conflict with other applicable city policies or other
applicable regulations.
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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;
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;
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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 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
Page 39 of 59
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;
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
Page 40 of 59
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 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.
17.56.010 Purpose.
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
Page 41 of 59
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.
17.56.020 Nonconforming 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 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.
17.56.030 Nonconforming Development
Nonconforming developments includes 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 area,
lot coverage, setbacks, building height, access, landscaping, parking or other standards.
Commented [SP2]: Increased from 6 months.
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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 be 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. After 24 months, reconstruction shall only be in full conformity with this
Code.
C. Roadway Access. 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.
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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.
C. Setbacks and Design Criteria.
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 6'6'6'6'6'6'6'6'6'6'8’
Page 44 of 59
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
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.
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 shall be the street frontage minimum planting area width 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
Page 45 of 59
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.
A. Barbed wire fencing or other like material, which creates an unreasonable or
unnecessary risk of injury.
B. 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).
C.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.
1.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.
2.Permitted Electrified fences shall comply with the following:
a.Permits Required. Electrified fences shall only be installed under a permit
issued by the Building Safety 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
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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.
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.
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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 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.
17.57.050 Violation--Penalty.
Any person violating any provision of this chapter will, upon conviction thereof, be subject to the
general penalty. Upon discovering any violation of the restrictions imposed by this chapter,
except a violation of Section 12.20.020, it will be the duty of the city manager, or his designee,
to give written notice of the violation to the person in possession and control of the premises on
which the offending fence exists or is being constructed, with a demand that the same be
forthwith made to conform to this chapter. Upon receipt of such notice, the person responsible
for the structure will be deemed to be guilty of a separate offense for each day during which the
fence is thereafter permitted to exist in violation for the restrictions of this chapter. (Ord. 1969
§1(part), 2013; Ord. 1846 §2(part), 2003).
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CPMC 17.60.190, Home Occupations
A. Purpose and Scope. The intention of the home occupation permit for residential zones is to
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 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 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 is prohibited;
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 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
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payment of a renewal fee, provided that the permit has not be 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;
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.
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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 department
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;
b. Monopoly of on-street parking spaces;
c. Frequent deliveries and pickups by motor freight trucks;
d. Excessive noise;
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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. Permits may be terminated for 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, 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 as may otherwise be specified, the director
shall have cause to revoke said permit.
3. Upon termination/revocation 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.
H. F. Appeal. Any applicant or affected or concerned property owner has the right to appeal the
decision of the city manager or his designate director to the planning commission, in the
manner provided by Section 17.60.170 of this Chapter.
I. 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)
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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.
J.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).
17.08.010 Definitions, specific
“Home occupation” means any occupation 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 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 17.76, 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.
17.76.060 Expiration.
17.76.070 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 unusual characteristics or the special attributes of the area in which
they are to be located, conditional uses require special consideration so that they may be
properly located with respect to the objectives of the zoning title and their effect on surrounding
properties. (Ord. 1436 §2(part), 1981).
17.76.011 Approvals Process. Application and review.
An application and review thereof shall conform to the provisions of Chapter 17.05 and all
applicable laws of the state. The application shall be accompanied by a fee defined in the city’s
adopted planning application fee schedule. (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 existing 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 include the following information:
A. Name and address of the applicant;
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).
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17.76.040 Criteria, Standards and Conditions of Approval 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,
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,
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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).
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, based on
findings of fact with respect to all of the criteria and standards in A. and 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 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 proposal, 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 reviewed with the conditional use application.
CPMC 17.76.050 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;
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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;
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).
17.76.060 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).
17.76.070 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).
CPMC 17.90 Enforcement and Penalties
Sections:
17.92.010 Violations a nuisance.
17.92.020 Penalties.
17.92.010 Violations a nuisance.
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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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