HomeMy WebLinkAboutCouncil Resolutions 2120 ORDINANCE NO. 17_U
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CENTRAL POINT
MUNICIPAL CODE TITLE 16 (SUBDIVISIONS) AND TITLE 17 (ZONING); ADDING
NEW CHAPTERS 16.14 (MIDDLE HOUSING AND EXPEDITED LAND DIVISIONS),
16.40 (REPLATS), 16.44 (PROPERTY LINE ADJUSTMENTS) AND 17.94
(ANNEXATIONS); AND REPEALING CHAPTERS 1.20 (ANNEXATIONS) AND 17.92
(ENFORCEMENT)
File No. ZC-24001
Recitals:
A. Pursuant to CPMC 1.01.040, the City Council, may from time to time revise its
municipal code which shall become part of the overall document and citation.
B. For consistency with existing policy in the Comprehensive Plan and
conciseness and clarity, the City Council finds that annexation procedures and
criteria in CPMC 1.20 should be repealed and updated standards and criteria
consistent with ORS 222.111 through ORS 222.180 should be added to CPMC
17.94.
C. For consistency with existing policy in the Comprehensive Plan, conciseness
and clarity, general provisions, the City Council finds that updated definitions
and clear and objective standards and procedures should be provided in
Chapters 16.04, 16.08, 16.40 and 16.44 for land divisions.
D. For consistency with existing policy in the Comprehensive Plan, clarity and
conciseness and provision of an efficient land use process, and general
provisions, the City Council finds that updated definitions and clear and
objective standards should be provided for various land use application types
and uses in Chapters 17.04, 17.05, 17.08, 17.12, 17.13, 17.56, 17.57, 17.60
and 17.76.
E. For consistency with state housing legislation in SB 1537 that aims to decrease
housing cost and promote housing production, the City Council finds that it is
in the public interest to add CPMC 17.13 providing Housing Adjustment
procedures and criteria.
F. Pursuant to HB 4027, the City Council finds it is in the public interest to
establish standards that distinguish requirements for electrified and battery
operated fences.
G. In order to address community concerns about parking and transportation
access, the City Council finds it is in the public interest to modify Site Plan and
Architectural Review submittal requirements in CPMC 17.72 to clarify the
information needed to evaluate applications, including provision of a Mobility
Plan.
1 — Ordinance No. _2120_; (Council Meeting 12/12/24)
H. In accordance with CPMC 17.05.500, the City of Central Point Citizen's
Advisory Committee considered the proposed amendments at their meeting on
November 12, 2024 and recommended the City Council approve the
amendments.
I. In accordance with CPMC 17.05.500 the following duly noticed public hearings
were conducted:
1. November 5, 2024 Planning Commission meeting, at which time the
Planning Commission considered and approved Resolution No. 925
forwarding a favorable recommendation to the City Council to approve
the proposed amendments; and,
2. November 14, 2024 City Council meeting, at which time the City
Council considered the first reading of the ordinance revising Central
Point Municipal Code Title 1, Title 16 and Title 17.
J. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1.20, Annexations, is hereby repealed in its entirety.
SECTION 2. CPMC Title 17 is hereby amended to add Chapter 17.94, Annexations, as
set forth below:
CPMC 17.94, Annexation
Sections:
17.94.010 Purpose and Applicability
17.94.020 Application Process and Submittal Requirements
17.94.030 Approval Criteria
17.94.040 Zoning of Annexed Areas
17.94.050 Annexation of Territory Surrounded by the City
17.94.010 Purpose and Applicability
Annexation is the action taken to incorporate land into the city. Under State law,
land may be annexed to the city only if it is within the Urban Growth Boundary,
and is contiguous to the city limits. Applications for annexation may be
accompanied by other, concurrent applications, for amendment to the
comprehensive plan, amendments to the zoning map and requests for withdrawal
from special districts, provided that such concurrent applications meet all
requirements therefor.
CPMC 17.94.020 Application Process and Submittal Requirements
2 - Ordinance No. _2120_; (Council Meeting 12/12/24)
A. Application for Annexation. Except for the annexation of unincorporated
territory surrounded by the city as provided in CPMC 17.94.050 below,
applications for annexation shall include all of the requirements listed in
Subsection (C) below, and be subject to the provisions of
ORS 222.111to 222.180 (Authority and Procedures for Annexation) or 222.840
to 222.915 (Health Hazard Abatement Law).
B. Public Hearing for Annexation. A public hearing shall be held prior to the
Council's adoption of an ordinance for annexation. The City shall publish
notice of the public hearing once each week for two successive weeks prior to
the day of hearing, in a newspaper of general circulation in the city, and shall
post notices of the hearing in at least four public places in the city for a like
period.
1. Exception: A public hearing is not required when all of the owners of
land in the unincorporated territory and not less than 50 percent of the
electors, if any, residing in the territory consent in writing to
the annexation of the land in the territory, and file a statement of their
consent with the Council per ORS 222.125.
C. Submittal Requirements. An application for annexation shall contain the
following information:
1. Vicinity Map drawn at a scale of 1" = 1,000' identifying the proposed
area of annexation and existing city limits.
2. Assessor's Maps of the proposed annexation area. The assessor's maps
shall have identified those parcels for which consents to annex have
been acquired and adjacent right-of-way to be annexed.
3. Consent to annex forms completed and signed by all consenting
property owners within the proposed annexation area.
4. Legal metes and bounds or lot and block description of
the annexation area. Prior to submittal of the Annexation application,
the applicant shall consult with the Public Works Department on the
extent of any adjacent right-of-way that is to be included in the legal
description. All legal descriptions shall be reviewed and approved by
the Public Works Department prior to submittal of
the Annexation application.
5. Specific information on each parcel within the
proposed annexation area:
3 - Ordinance No. _2120_; (Council Meeting 12/12/24)
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
e. Written findings indicating compliance with all of the applicable
requirements of this chapter and the criteria contained in Section 17.94.030.
4 - Ordinance No. _2120_; (Council Meeting 12/12/24)
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.
5 - Ordinance No. _2120_; (Council Meeting 12/12/24)
D. No later than 20 days prior to the public hearing, notification shall be mailed to
all owners of property within the area proposed for annexation.
E. For property that is zoned for, and in, residential use when annexation is
initiated by the City, the City shall specify an effective date for
the annexation that is at least three years and not more than 10 years after the
date the City proclaims the annexation approved.
F. Cause notice of the delayed annexation to be recorded by the county clerk of
the county in which any part of the territory subject to delayed annexation is
located within 60 days after the city proclaims the annexation approved.
G. The City shall notify the Jackson County Clerk of the territory subject to
delayed annexation not sooner than 120 days and not later than 90 days
before the annexation takes effect.
SECTION 3. Chapter 16.04, General Provisions, is hereby amended in its entirety to read:
CPMC 16.04, General Provisions
Sections:
16.04.005 Background
16.04.010 Scope of regulations. Purpose
16.04.020 De.,ign 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;
6 - Ordinance No. _2120_; (Council Meeting 12/12/24)
D. Ensure that new lots, parcels and blocks meet the requirements of the
underlying zoning district;
E. Ensure access to streets and utilities;
F. Ensure safe, economical and efficient routes for pedestrians, bicycles and
motor vehicles;
G. Minimize the negative effects of development on the natural environment
and incorporate natural features into proposed development where
possible;
H. Promote energy efficiency; and,
I. Promote orderly growth and development by implementing the Central
Point Comprehensive Plan.
16.04.020 Scope of regulations. Applicability.
Units of land must only be created or reconfigured in accordance with the
standards in this Title and ORS Chapter 92. Expedited and Middle Housing Land
Divisions are subject to the requirements in CPMC 16.14.
all subdivisions, partitions, and planned unit
specifically providcd. (Ord. 1650 (part), 1990).
sh II t ke into con ideration any preliminary plans or studios.
B. In connection with re„iewing and making recommendations as to the granting or
applicant to furnish to the city, at applicant's expense, technical, architectural,
, 993; Ord. 1650
(part), 1990).
SECTION 4. CPMC 16.04, Definitions, is hereby amended to read:
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.
"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.
"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.
7 — Ordinance No. _2120_; (Council Meeting 12/12/24)
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.
3-"Easement" means a grant of the right to use a strip of land for specific purposes.
"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.
1-1 "Half street" means a portion of the width of a street, usually along the edge of a
subdivision where the remaining portion of the street has been or could later be
provided in another subdivision.
12. "Lot" means a parcel of land intended as a unit for transfer of ownership or for
development.
13. "Major partition" means a partition which includes the creation of a road or street.
14. "Minor partition" means a partition which does not include the creation of a road or
ctrcet.
15. "Partition" means either an act of partitioning land or an area or tract of land
partitioned as defined by this chapter.
16. "Partition plat" means the final map and other writing containing all the descriptions,
locations, specifications, provisions and information concerning a major or minor land
partition.
17. "Partitioninged land" means to divide dividing area or tract of land to create not
more than into two or three (3) parcels of land within a calendar year, but does not
include:
8 — Ordinance No. _2120_; (Council Meeting 12/12/24)
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 are act oc�-of land-ei ists a unitrorrcontiguous i mite of land under single
ation 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
parcel is not created and where the existing
parcel reduced in size by the adjustment is not reduced below the minimum lot size
established b y any applicable zoning ordinanc
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.
9 — Ordinance No. _2120_; (Council Meeting 12/12/24)
"Plat" includes a final subdivision plat, replat or partition plat.
"Property line" means the division line between two units of land.
"Property line adjustment" means a relocation or elimination of all of a portion of
the common property line between abutting properties that does not create an
additional lot or parcel.
"Replat" means the act of platting the lots, parcels and easements in a recorded
subdivision or partition plat to achieve a reconfiguration of the existing
subdivision or partition plat or to increase or decrease the number of lots in the
subdivision.
21. "Reversed corner lot" means a corner lot, the side street line of which is
substantially a continuation of the front lot line of the first lot to its rear.
22. "Right-of-way" means all areas conveyed or dedicated to the public or city, or in
actual use by the public or city, for vehicular, pedestrian or utility use.
23. "Road" or "street" means a public or private way that is created to provide ingress or
egress for persons to one or more lots, parcels, areas or tracts of land.
24. "Roadway" means the portion or portions of street rights-of-way developed for
vehicular traffic.
26—"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.
2&--"Subdivide land" means to divide a parcel of land into four or more parcels within a
calendar year.
29. "Subdivision" means either an act of subdividing land or a tract of land subdivided as
defined in this chapter.
10 — Ordinance No. _2120_; (Council Meeting 12/12/24)
30. "Through lot" means a lot having frontage on two parallel or approximately parallel
streets other than alleys.
31. "Tentative plan" means the diagram and text containing all of the descriptions,
locations, specifications, provisions and information concerning a proposed subdivision
or partition.
"Utility easement" means an easement noted on a subdivision plat or partition
plat for the purpose of installing or maintaining public or private utility
infrastructure for the provision of water, power, heat or telecommunications to
the public. 32. "Undcrground utilities" include all public and private services including
storm sewcr. (Ord. 1997 §1, 2014; Ord. 1969 §1(part), 2013; Ord. 1650(part), 1990).
SECTION 4. CPMC Title 16 is hereby amended to establish and reserve Chapter 16.14,
Middle Housing and Expedited Land Divisions.
CPMC 16.14, Middle Housing and Expedited Land Divisions
SECTION 5. CPMC Title 16 is hereby amended to add Chapter 16.40, Replats, to read
as follows:
CPMC 16.40, Replats
16.40.010 Applicability
16.40.020 Replat Process
16.40.010 Applicability
A. A replat is the act of platting the lots, parcels and easements in a recorded
subdivision or partition plat to achieve a reconfiguration of the existing
subdivision or partition plat or to increase or decrease the number of lots
in a subdivision.
B. The relocation of a common boundary line between two lots/parcels within
a subdivision or partition shall not be considered a replat. A property line
adjustment may occur in a platted subdivision or partition as provided for
in CPMC 16.44.
16.40.020 Replat Process
A. A replat tentative plan and final plat shall comply with the land division
process specified in CPMC 16.10 and CPMC 16.12 with the following
11 -Ordinance No. _2120_; (Council Meeting 12/12/24)
exceptions:
1. The word "Replat" shall be shown in the title block;
2. The name or reference number of the previous plat and any
additional recording information shall be retained in the title of the
replat;
3. Blocks, lots/parcels and portions thereof, which are being replatted
shall be identified where applicable; and,
4. Original plat information being deleted, abandoned or changed by
the replat shall be shown lightly sketched or dotted on the drawing
with a note of explanation.
SECTION 6. CPMC Title 16 is hereby amended to add Chapter 16.44, Property Line
Adjustments, to read as follows:
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
12 - Ordinance No. _2120_; (Council Meeting 12/12/24)
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 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
13 - Ordinance No. _2120_; (Council Meeting 12/12/24)
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 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
14 — Ordinance No. _2120 ; (Council Meeting 12/12/24)
the Oregon Revised Statutes (ORS) 92.
C. Final City Review. Following approval by the Jackson County Surveyor and
within one (1) year of filing the property line adjustment, submit the final
map of survey, deeds and easement for final review and signature by the
Community Development Director or designee. The final review shall verify
that the final Map of Survey is substantially the same as preliminarily
approved. If the Director finds that they are not substantially the same, the
applicant shall be notified in writing within 15-days.
16.44.040 Approval Criteria
The Community Development Director or designee shall approve or deny a
request for a property line adjustment in writing based on demonstration that
following criteria are met:
A. The Property Line Adjustment does not result in the creation of any new
lots or parcels;
B. The Property Line Adjustment does not result in a unit of land that overlaps
the city limit line, urban growth boundary or a zoning district boundary;
C. All lots and parcels conform to the applicable lot standards of the zoning
district including lot area, dimensions, setbacks and coverage unless a
nonconforming lot or parcel is adjusted in a manner that reduces an
existing nonconforming situation; and,
D. Demonstration that the Map of Survey and legal descriptions are consistent
with ORS 92 as certified by the Jackson County Surveyor.
16.44.050 Recording and Expiration
Expiration. Within one (1) year of the final decision date, the property line
adjustment deeds and Map of Survey and any proposed easements must be filed
with the Jackson County Clerk's office to be recorded. If the property line
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.
SECTION 7. CPMC Chapter 17.04, Title—Purpose, is hereby amended in its entirety to
read as follows:
15 - Ordinance No. —2120_; (Council Meeting 12/12/24)
CPMC 17.04, Title Purpocc General Provisions
Sections:
17.04.010 Title.
17.04.020 Purpose.
17.04.030 pplin n and review_
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
16 - Ordinance No. _2120_; (Council Meeting 12/12/24)
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).
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 A pplicat n-a-nd reyie••a. .
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
of the filing fee, shall be borne by the applicant and paid within twenty days of billing by
approval application. For purposes of this section, "land use permit or approval"
,
conditional use permits, variances, amendments, and any other action taken by
application under the terms of Title 17. (Ord. 1684 §13, 1993).
17 0 0 0 Authority to require professional reporte
In connection with reviewing and making recommendations as to the granting or denial
the same is warranted due to relevant but unknown information, require the applicant to
furnish to the city, at applicant's expense, technical architect„ral engineering nr other
17 - Ordinance No. _2120_; (Council Meeting 12/12/24)
17.04.030 Scope and Compliance
A. Applicability. The requirements of this Title apply to the person(s)
undertaking the development (i.e. applicant), owner(s) of record, and any
successors of interest.
B. Compliance. No structure or lot shall hereinafter be used, developed,
occupied, and no structure or part thereof shall be erected, moved,
reconstructed, extended, enlarged or otherwise altered except as permitted
by this Code. Furthermore, annexations and amendments to the Zoning
Map and Text, Comprehensive Plan Map and Text shall conform to the
applicable provisions of this Code.
C. Transfer of Development Standards. Except as otherwise specifically
authorized in this title, no lot area, yard, landscaping or open space that is
used to satisfy a requirement for one use shall be used to satisfy the
requirements for another use.
17.04.040 Rules of Code Construction.
A. Minimum Requirements. The provisions of this Title, in their interpretation
and application, are minimum requirements that have been adopted for the
protection of the public health, safety and general welfare.
B. Conflicts. Unless otherwise specified, when there is a conflict between
provisions in this Code or with other applicable regulations, the highest
standard shall govern. The Planning Director shall decide which Code
provision sets the highest standard. Where the applicability of a Code
provision is unclear, the Planning Director or Planning Commission may
issue a formal interpretation pursuant to CPMC 17.11.
C. Tenses. Words used in the present tense include the future; the singular
form includes the plural; and the plural includes the singular.
D. Interpreting Illustrations. This Code contains illustrations and photographs,
code "graphics," which are intended to serve as examples of development
design that either that either meet or do not meet particular code
standards. Strict adherence to the graphic is not required except where a
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
18 — Ordinance No. _2120_; (Council Meeting 12/12/24)
requirement. The word "should," "encouraged," "recommended," or
similar terms means the provision is a guideline, which may be imposed as
a requirement but only where the applicable code criteria allow the
Planning Commission to exercise such direction.
F. Severability. The provisions of this Development Code are severable. If any
section, sentence, clause or phrase is judged to be invalid by a court of
competent jurisdiction, that decision shall not affect the validity of the
remaining portion of the Code.
17.04.050 Consistency with Comprehensive Plan and Laws.
A. City of Central Point Comprehensive Plan. This Code implements the City
of Central Point Comprehensive Plan. Except as otherwise required by
applicable state or federal law, all provisions of this Code shall be
construed in conformity with the Comprehensive Plan including any
Comprehensive Plan elements or public facility master plans adopted
pursuant to the Comprehensive Plan.
B. Compliance with Other Laws Required. In addition to the requirements set
forth in this Code, all uses and development shall comply with all other
applicable rules and regulations including but not limited to City, state and
federal.
C. References to Other Regulations. All references to other city, state and
federal rules and regulations are for informational purposes only and do
not constitute a complete list of such requirements. The references do not
imply any responsibility by the City of Central Point for enforcement of
state or federal regulations. Where a proposal, permit or approval is
subject to both City of Central Point and state or federal requirements, the
property owner is responsible for contacting the applicable agencies and
complying with their rules and regulations.
17.04.060 Development Code and Zoning Map Implementation
A. Land Use Consistent with Development Code. Land and structures in the
City of Central Point may only be used or developed in accordance with
this Code, including all amendments thereto. A lawful use of land ("use") is
one that is permitted in accordance with this Code or is allowed as a legal
non-conforming use pursuant to Chapter 17.56, provided state or federal
law does not prohibit the use.
19 —Ordinance No. _2120_; (Council Meeting 12/12/24)
B. Development Code and Zoning Map. The City's Official Zoning Map
("Zoning Map"), which may be published, amended and filed separately
from this Code, is part of this Code. The zoning districts depicted on the
Zoning Map correspond to the zoning districts in this code in Section
17.12.030. In addition, this Code may contain zoning regulations for special
areas (e.g. overlay zones), and for certain uses or structures that do not
appear on the Zoning Map.
C. Interpreting the Zoning Map. Except as otherwise specified by this Code,
the City's zoning boundaries are designated on the Official Zoning Map,
which is kept on file in the Planning Department at the Central Point City
Hall. The City may adopt and publish supplemental zoning maps where it is
impractical to illustrate all regulated features on one map. Example of
regulated features include, but are not limited to historical landmarks,
floodplain boundaries, local wetland inventories, etc. In addition, the City
may require field verification and mapping (e.g. survey) of a regulated
feature as part of a development application where the feature is thought to
exist on or adjacent to the subject property but its exact location is
unknown.
D. Boundary Lines. Zoning district boundaries are determined pursuant to
CPMC 17.12.030
E. Changes to the Official Zoning Map. Proposed changes to the Zoning Map
are subject to review and approval under CPMC 17.10.
17.04.070 Coordination of Building Permits
A building permit shall not be issued until the Planning Director or designee has
confirmed that all applicable requirements of this Code are met, applicable
conditions of approval imposed as part of the land use process have been
satisfied, or additional conditions are in place to assure compliance.
17.04.080 Official Action
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
20 - Ordinance No. _2120_; (Council Meeting 12/12/24)
this title is unlawful and declared a public nuisance and may be abated as
provided in Chapter 8.04 of the Central Point Municipal Code, and/or in such
other manner as provided by law, and may take such other steps and apply to
such courts as may have jurisdiction to grant such relief as will enjoin and
remove such violation. The remedies provided for herein shall be cumulative
and not exclusive. (Ord. 1436 §2(part), 1981).
B. Penalties. Violation of a provision of Chapters 16 or 17 constitutes a violation
and upon conviction thereof shall be punishable by the general penalty set
forth in CPMC 1.16. Every day in which a violation is caused or permitted to
exist constitutes a separate offense. (Ord. 1684 §75, 1993; Ord. 1436 §2(part),
1981).
17.04.100 Fees
A schedule of permit and service fees shall be established and may be
periodically amended by resolution of the City Council.
SECTION 9. CPMC Section 17.05.100 is hereby amended in its entirety to read as
follows:
17.05.100 Purpose and applicability of review procedures.
A. Purpose. The purpose of this chapter is to establish standard decision-making
procedures that will enable the city, the applicant, and the public to review development
permit applications and participate in the local decision-making process in a timely and
effective way consistent with the citizen's involvement element of the comprehensive
plan. Table 17.05.1 provides a key to identify the review procedures, applicable
regulations, and the approving authority for development permit applications.
B. Applicability of Review Procedures. All development permit applications identified in
Table 17.05.1 shall be decided by using the appropriate procedures contained in this
chapter. The procedural "type" assigned to each development permit application
governs the decision-making process for that permit. There are four "types" of
procedures: Type I, II, Ill, and IV, which are described as follows:
1. Type I. Type I procedures apply to administrative decisions made by the
community development director or designee without public notice and without a
public hearing. Type I procedures are used only when there are clear and objective
approval standards and criteria, the application of which does not require the use
of discretion.
A Type I decision is the city's final decision. There are no appeals to a Type I
procedural decision.
21 —Ordinance No. _2120_; (Council Meeting 12/12/24)
2. Type II. Type II procedures apply to administrative decisions that involve clear
and objective approval standards and criteria the application of which requires the
use of limited discretion. Type II decisions are made by the community
development director or designee with public notice, and an opportunity for a
public hearing if appealed. The appeal of a Type II decision is treated as a Type III
procedure, except that the appeal is to the planning commission, which is the final
decision of the city.
3. Type III. Type III procedures are quasi-judicial decisions that involve the
application of existing policies. Type III decisions generally use discretionary
approval criteria, and do not have a significant effect beyond the immediate area of
the application. Type III decisions are based on special studies or other information
which will serve as the factual basis to support the decision. Type III decisions,
when made by the planning commission, may be appealed to the city council.
4. Type IV Procedure. Type IV decisions are legislative decisions that establish by
law general policies and regulations for future land use decisions, such as the
adoption or revision of the comprehensive plan, and revisions to the zoning and
the land division ordinance that have widespread and significant impact beyond
the immediate area, i.e., quantitative changes producing large volumes of traffic, or
a qualitative change in the character of the land use itself, such as conversion of
residential to industrial use; or a spatial change that affects large areas or many
different ownerships. Unless otherwise noted, all Type IV decisions are considered
initially by the citizens advisory committee and the planning commission, with final
decisions made by the city council. For annexation, the City Council makes a
decision without a recommendation from the citizens advisory committee or
planning commission.
Table 17.05.1 provides a key to identify the review procedure for each land
development permit.
TABLE 17.05.1
LAND DEVELOPMENT PROCEDURAL APPLICABLE APPROVING 120-
PERMIT* TYPE REGULATIONS AUTHORITY DAY
RULE
Annexation
Quasi Judicial Type III Chapter 1.20 City Council Ne
Legislative Type IV** Chapter 1 —17.94 City Council No
Code Interpretations Type II Chapter 17.11 Director No
Comprehensive Plan &
UGB Amendments
Major Type IV Chapter ' City Council No
22 — Ordinance No. _2120_; (Council Meeting 12/12/24)
TABLE 17.05.1
LAND DEVELOPMENT PROCEDURAL APPLICABLE APPROVING 120-
PERMIT* TYPE REGULATIONS AUTHORITY DAY
RULE
Minor Type III Chapter 17.96 City Council No
Conditional Use Permit Type III Chapter 17.76 Planning Yes
Commission
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
Type I Floodplain
Manager
Floodplain Type II
Development Permit Chapter 8.24 Director Yes
Type III
Planning
Commission
Home Occupation Type I Section 17.60.190 Director Yes
Permit
Land Division/Replat
Tentative Plan, Type II Chapter 16.36 Director Yes
Partition
Tentative Plan, Type Ill Chapter 16.10 Planning Yes
Subdivision Commission
Final Plat Type I Chapter 16.12 Director No
Replat *** Chapter 16.40 *** Yes
Mobile Food Business
Mobile Food Vendor Type I Section 5.44.030 Director Yes
Chapter 17.72
Mobile Food Pod Type II Section 5.44.040 Director Yes
Chapter 17.72
Type III Section 5.44.050 Planning Yes
Mobile Food Court Chapter 17.76 Commission
Chapter 17.72
Specialty Food Vendor Type I Section 5.44.060 Director No
23 - Ordinance No. _2120_; (Council Meeting 12/12/24)
TABLE 17.05.1
LAND DEVELOPMENT PROCEDURAL APPLICABLE APPROVING 120-
PERMIT* TYPE REGULATIONS AUTHORITY DAY
RULE
Modification of Approval
Major Type III Section 17.09.300 Planning Yes
Commission
Minor Type II Section 17.09.400 Director Yes
Nonconforming Use Type III Section 17.56.010 Planning No
Designation Commi'sion
Planned Unit Type III Chapter 17.68 Planning Yes
Development Commission
Property Line Type I Chapter 16.10 16.44 Director Yes
Adjustment/Consolidation
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 District/Corridor Type III Chapter 17.66 Planning Yes
Overlay Master Plan Commission
Tree Removal Type II Chapter 12.36 Director Yes
Variances and
Adjustments
General Adjustment Type II Section Planning Yes
17.13.200(A) Director
Type II**** Section Planning Yes
Housing Adjustment 17.13.200(B) Director
Variance Type III Section 17.13.300 Planning Yes
Commission
Class A Type II Section 17.13.300 Director Yes
Class B Type III Section 17.13.400 Planning Yes
Commi"sion
Claims C Type III Section 17.13.500 Planning Yes
Commission
24 - Ordinance No. _2120_; (Council Meeting 12/12/24)
TABLE 17.05.1
LAND DEVELOPMENT PROCEDURAL APPLICABLE APPROVING 120-
TYPE REGULATIONS AUTHORITY DAY
PERMIT* RULE
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.
*** Procedural type and approving authority based on the land division type as noted in the table.
**** Except as provided in 17.13.200(B).
SECTION 9. CPMC Section 17.08.010 is hereby amended in part to clarify the definition
for "Home Occupation" as follows:
"Home occupation" means any occupation or business conducted within a residential
dwelling unit by a person lawfully residing in the dwelling member or members of the
family residing in that unit, provided such occupation or business is clearly incidental
and secondary to the primary residential use of that dwelling and is in accordance with
Section 17.60.190.
SECTION 10. CPMC Chapter 17.12, Zoning Districts is hereby amended in its
entirety to read:
CPMC 17.12, Zoning Districts
Sections:
17.12.010 Purpose Compliance with provisions.
17.12.020 Zones Classification. Zoning District Classification
17.12.030 District Location. Zoning District Boundary Determination
17.12.040 Zoning maps.
17.12.010 Purpose
The purpose of this chapter is to establish zoning district for every units of land
(i.e. parcel, lot, tract, right-of-way) within the City of Central Point consistent with
the Comprehensive Plan. Units of land may also be designated within one or
25 — Ordinance No. _2120_; (Council Meeting 12/12/24)
more overlay zones. It is also the purpose of this chapter to specify how zoning
district boundaries are determined. The use of land shall be limited to uses
allowed by applicable zone(s).
A. A lot may be created or used and a structure or part thereof constructed,
B. No lot shall be created if the effect thereof is to allow the perpetuation of a
nonconforming use. (Ord. 1684 §27, 1993; Ord. 1,136 §2(part), 1981).
17.12.020 Zoning District Classification Zo;,esassifficartion.
For the purposes of this title, the following zones are established by the city:
Abbreviation District Chapter Reference
R-L Residential low-density 17.16
R-1 Residential single-family 17.20
R-2 Residential two-family 17.24
R-3 Residential multiple-family 17.28
C-N4 Neighborhood convenience 17.32
shopping
C-4 Tourist and office-professional 17.44
C-5 Thoroughfare commercial 17.46
M-1 Industrial 17.48
M-2 Industrial general 17.52
B.C.G. Bear Creek Greenway 17.54
OS Parks and Open Space 17.30
TOD Transit oriented development 17.65, 17.66, 17.67
overlay
LMR Low mix residential 17.65
MMR Medium mix residential 17.65
HMR High mix residential 17.65
EC Employment commercial 17.65
GC General commercial 17.65
C Civic 17.65
OS Open space 17.65
26 — Ordinance No. _2120_; (Council Meeting 12/12/24)
(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.
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 „bsequently adep s-by-rcfcrcncc. (Ord. 1615 §3, 1989; Ord. 1136 §2(part),
1981).
This section sets forth criteria to be used in determining the location of any
zoning district boundary as shown on the Zoning Map. Zoning district
boundaries, as shown on the City of Central Point Zoning Map, shall be construed
to follow:
A. City limit lines.
B. Platted lot lines or other property lines as shown on the Jackson County
Assessor's Plat Maps.
C. The centerline of street, railroad or irrigation district rights-of-way.
D. The centerline of streams or other water courses as measured at mean low
water, and, in the event of a natural change in location of the centerline of
such water course, the zoning district boundary shall be construed as
moving with the channel centerline.
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
referral +he Planning Commisier� hall dctcrmine the boundary as follows:
A. Right of way. Boundarics that that approximately follow the centerlincs of a
street, highway, alley, bridge, railroad or other right of way shall be construed to
,
to the same zoning district designation that is applicable to lands abutting the
yaca arm In r ses where +he right of way formerly served as _ zoning
proportionally allocated to the abutting zoning districts.
27 —Ordinance No. _2120_; (Council Meeting 12/12/24)
dicated as, approximately following a City or
said boundary.
listed in subsection A C above shall be construed as following such feature.
17.12.0/10 Zoning maps.
A zoning map or zoning map amendment adopted by Section 17.12.030 or by an
commicion 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
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.
adjustment of the district boundary, provided the boundary adjustment is for a distance
n„t„ t�yeed-twe fe t. (Ord. 1436-§2(pa 198,),
17.12. 060 Zoning of annexed area.
All future annexations are expected to include only lands within the city's urban growth
consistent with the comprehensive plan and will determine the district into which a
28 — Ordinance No. _2120_; (Council Meeting 12/12/24)
SECTION 11 . CPMC Chapter 17.13, Exceptions to Code Standards, is hereby
amended in its entirety to read:
CPMC 17.13, Exceptions to Code Standards Adjustments and Variances
Sections:
17.13.100 Variances Purpose.
17.13.200 Variances Applicability.
17.13.300 Claims A variances.
17.13/100 Class B variances.
17 1 2 500 r ace "
T'ITr-iTl7FP—� J �PaITaITG�J.
17.13.600 Variance application and appeals.
17.13.100 Variances Purpose.
title as exceptions to code standards. This chapter cannot provide standards to fit every
development, require flexibility. This chapter provides that flexibility, while maintaining
specific node provisions when the„ haVe the unintended effect of preventing rgasonable
intended to provide flexibility while ensuring that the purpose of each development
standard is met. (Ord. 1874 §5(part), 2006).
17 13 Inn Variances _applicability
7T�G cepti ns and Modifications d-ersus Var anc code
TiCr7Tfe7"f C,CtCf TTJ �Ur�GTfCie��T-GAF
- not cxpres • - - . - - -- ions or modifications, then a variance is required
to modify that code section and the provisions of this chapter apply.
•
•
•
•
•
•
•
•
state highway access_
. , ,
•
, ,
29 —Ordinance No. _2120_; (Council Meeting 12/12/24)
depends-on--the--extent of-the--vaf-iance--request-a-nd4he-discretion-i-nvolved-l-R-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
1. Front Yard Setbacks. Up to a ten percent change to the front yard setback standard
in the land use district.
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).
compliance with all of the following criteria:
1. The variance requested is required due to the lot configuration, or other conditions of
the site;
preserve trees if trees are present in the development area;
i
3. The variance will not r
4. An application for a Class A variance is limited to one lot per application.
F N-o more than three Class 4 variances may be approved for one lot or parcel in
twelve months. (Ord. 1874 §5(part), 2006).
17.13.4100 Class B variances.
e requests apply to the types of requests meeting the
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
Class C variance procedure.
30 — Ordinance No. _2120_; (Council Meeting 12/12/24)
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
development. "Physical constraint" means steep topography, unusual parcel
C. Variance to Vehicular Access and Circulation Standards. Where vehicular acccJ
variance to the access requirements after finding all of the following:
properties do not agree to execute a joint access easement;
street;
3 The access separation requirements cannot be met;
4. The request is the minimum variance required to provide adequate access;
6. The visual clearance requirements of this code will be met;
require approval, respectively, by ODOT or Jackson County.
D \/ ri nee +n Street-Tree--Requirements-(Chapter-a .3-6 city r ma approvo
"`1`"
of this code after finding the following:
withowe. ate-for-the site;
2. The tree would cause visual clearance problems; or
Z There is not ad^g.uato-cpace in which to plant a street tree;
•
•
•
•
•
variance;
31 — Ordinance No. _2120_; (Council Meeting 12/12/24)
G Variance to Parking and I oading Standard
rking spaces) in this code
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;
treet parking or har d 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
rea onably anticipated to generate a lesser need for bicycle parkins
crcr�cccrc�gcrrcrcxcc�rc��rrrccv-i v� oTvy v p.....,,",,y.
3. The city may allow a reduction in the amount of vehicle stacking area required for
factors.
not impeded.
preservation of the natural feat„re 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 s-exceed., ten percent, then the request shall be reviewed as a
Class C variance. (Ord. 1874 §5(part), 2006).
17.13.500 Class C variances.
32 - Ordinance No. _2120_; (Council Meeting 12/12/24)
A. Applicability. Class C variance requests arc those that do not conform to the
provisions of Se ,ons 17.1 ` 00 anid 17 1 Z 40Q (Class A anrd Class R1 anid that moot
the criteria in subsections (A)(1) through (1I) of this section. Class C variances shall be
reviewed using a Type Ill 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
Ioto including lots Diet to be created through a partition process
3. An applicant-who-proposes to vary a standard for lots yet to be created through a
planned unit development shall be re i- ed to vary a standard for lots yet to be created
exceptions.
uses" of a zoning district.
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:
zoning district or vicinity;
2 0 harrdship to development exists which is peculiar to the lot size or shape
uiTca� tv ��,� va v,�.., v, �......>.
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;
1l—€xisting physical and natural systems, such as-but not limited to traffic, drainage,
if the development occurred as specified by the subject code standard;
5. The hardship is not self imposed; and
33 —Ordinance No. _2120_; (Council Meeting 12/12/24)
6. The variance requested is the minimum variance that would alleviate the hardship.
{Ord. 1874 §5(part), 2006).
A. Application. The variance application shall conform to the requirements for Type I, II,
. ,
•
•
/her request,
alternatives considered how th„ ctatcd variance criteria are satisfied, and why the
subject standard cannot be met without the variance.
of Chapter 17.05. (Ord. 1874 §5(part), 2006).
Sections:
17.13.100 Purpose
17.13.200 Adjustments
17.13.300 Variances
17.13.400 Expiration
17.13.100 Purpose.
This chapter provides standards and procedures for adjustments and variances,
which are deviations from development standards that are not otherwise
permitted elsewhere in this Title. The purpose of adjustments and variances is to
allow for reasonable use of land when varied geography and complexities of land
development require flexibility, especially housing development. The provisions
in this chapter do not aim to waive all land use regulations and do not allow uses
to be established that are not permitted in the zoning district in which the
adjustment or variance is located.
17.13.200 Adjustments.
Adjustments provide relief from specific code provisions when a code provision
has the unintended effect of preventing reasonable development in conformance
with all other code requirements. There are two categories of adjustments that 1)
apply to general development and design standards, and 2) apply to certain
housing developments established by SB 1537 and codified in ORS 197A.
Adjustments across both categories do not apply to the situations provided in
subsection (A). The standards and procedures for each adjustment type are set
forth in subsections (B) and (C) below.
A. Exclusions. Adjustments set forth in subsection (B) and subsection (C)
below do not include the following:
1. Allowing use of property that is not permitted in the zoning district in
which the adjustment is located;
34 — Ordinance No. _2120_; (Council Meeting 12/12/24)
2. Regulations or requirements related to accessibility, fire ingress or
egress, safety, tree planting, hazardous or contaminated site
remediation, wildlife protection, affordability, or statewide land use
goals related to natural resources and natural hazards;
3. A complete waiver of regulations or any changes beyond the explicit
requested and allowed adjustments in subsections (B) and (C)
below; and
4. Deviations from requirements related to implementation of building
or fire codes, federal or state air, water quality or surface, ground or
stormwater requirements, or requirements of any federal, state or
local law other than a land use regulation.
B. General Adjustments.
1. Applicability. General adjustments are minor modifications to Code
standards that are intended to provide reasonable flexibility for
planned development with the exception of housing developments
that meet all of the standards and criteria in CPMC 17.13.400(B). The
Community Development Director or designee may adjust the
following standards using a Type II procedure set forth in CPMC
17.05.300:
i. Setbacks. Up to a ten percent change to a minimum/maximum
setback.
ii. Lot Coverage: up to a 10 percent increase to the maximum lot
coverage.
iii. Lot Dimensions. Up to a 10 percent decrease to minimum lot
dimensions.
iv. Lot Area. Up to a 10 percent decrease to minimum lot area.
v. Other standards. Up to a 10 percent increase or decrease in a
quantitative (numerical) standard not listed above.
Adjustments do not apply to building code requirements,
engineering design standards, public safety standards, or
standards implementing state or federal requirements as
determined by the Community Development Director or
designee.
2. Approval Criteria. The Community Development Director or designee
may grant an adjustment upon finding that all of the following criteria
are met. The burden is on the Applicant to demonstrate compliance
with all of the criteria below:
35 -Ordinance No. _2120_; (Council Meeting 12/12/24)
i. The Adjustment allows for a site and building plan that does
not create a substantial conflict with adjacent uses when
compared to development that would be permitted without the
adjustment.
ii. The Adjustment is necessary to allow for normal interior
building functions, such as mechanical equipment/utility
closets, heating and ventilation systems, restrooms,
stockrooms, shelving, and similar interior building functions;
iii. Approval of the Adjustment does not create (a) violation(s) of
any other adopted ordinance or code standard, and does not
create the need for a Variance;
iv. An application for an Adjustment is limited to one pre-existing
lot per application;
v. Requests for more than one Adjustment on the same lot shall
be consolidated on one application and reviewed concurrently
by the City;
vi. Not more than two Adjustments may be approved for one lot
or parcel; and,
vii. All applicable building code requirements and engineering
design standards shall be met.
17.13.300 Housing Adjustments
The standards and criteria below respond to mandatory requirement to adjust
housing development standards pursuant to SB 1537.
A. Applicability. Housing Adjustments are distinct deviations from
development and design standards provided in this section. The
Community Development Director housing development adjustment
requests using Type II procedures set forth in CPMC 17.05.300, except that
notice of decision is mailed only to the applicant when an application is
denied and only the applicant may appeal the decision. An application
qualifies for a housing adjustment under this section only when all of the
following conditions are met:
1. The application is for a building permit or Type Ill (quasi-judicial),
Type II (limited) or Type I (ministerial) land use decision;
2. The housing development site is zoned for residential uses,
including mixed-use;
36 — Ordinance No. _2120_; (Council Meeting 12/12/24)
3. The residential density is at least 6 units per net acre;
4. The development is within the urban growth boundary on lands that
have been annexed into the city;
5. The development provides new housing units within a new housing
development including:
a. Single-family or multifamily dwellings;
b. Mixed-use residential projects where at least 75 percent of the
developed floor area will be used for residential uses;
c. Manufactured dwelling parks;
d. Accessory dwelling units; or
e. Middle housing as defined in ORS 197A.420;
6. The application requests no more than 10 adjustments to the
development and design standards in 17.13.200(C)(2) and meet at
least one of the approval criteria listed in 17.13.200(C)(3). Where a
development standard includes multiple design or development
components, each component standard shall be counted as an
individual adjustment.
7. The application provides facts and evidence that demonstrates how
at least one of the following criteria apply to the requested
adjustments:
a. Are necessary to enable housing development that is not
otherwise feasible due to cost or delay resulting from the
unadjusted land use regulations;
b. Are necessary to reduce sale or rental prices per residential
unit;
c. Result in increased number of housing units within the
housing development above what would occur without the
requested adjustments;
d. All of the units in the housing development are subject to an
affordable housing covenant as described in ORS 456.270 to
456.295, making them affordable to moderate income
households as defined in ORS 456.270 for a minimum of 30-
37 -Ordinance No. _2120_; (Council Meeting 12/12/24)
years;
e. Enable provision of accessibility or visitability features in
housing units that are not otherwise feasible due to cost or
delay resulting from the unadjusted land use regulations; or,
f. All of the units in the housing development are subject to a
zero equity, limited equity or shared equity ownership model
including resident-owned cooperatives and community land
trusts making them affordable to moderate income
households as described in ORS 456.270 to 456.295 for a
period of 90-years.
B. Development and Design Standard Adjustments. Adjustments to qualified
housing developments pursuant to item (A) above shall be granted to the
following development and design standards:
1. Setbacks. Up to a ten percent change to a minimum/maximum
setback.
2. Common area, open space or other landscape area. Up to a 25
percent reduction in the common area, open space or other area
required to be landscaped.
3. Minimum Lot Size and Dimensions. Up to a 10 percent decrease to
minimum lot size and up to a 10 percent decrease to minimum lot
width or depth requirements.
4. Maximum Lot Size. Up to a 10 percent increase to maximum lot size
and up to a 10 percent increase to maximum lot width or depth only
if the adjustment results in:
a. More dwelling units than would be allowed without the
adjustment; and,
b. No reduction in density below the applicable minimum
density.
5. Lot Coverage. Up to a 10 percent increase in building lot coverage.
6. Manufactured Dwelling Parks, Middle Housing as defined in ORS
197A.420, multifamily and mixed use residential housing.
a. Bicycle Parking. Minimum bicycle parking may be reduced to 0.5
space per unit provided that bicycle parking is lockable, covered
and located within or adjacent to the housing development site;
38 - Ordinance No. _2120_; (Council Meeting 12/12/24)
b. Middle Housing. Other than cottage clusters, middle housing
types defined in ORS 197.420A, may increase maximum building
height beyond applicable height bonuses, if any, up to one (1)
story or 20 percent of the base zone height.
7. Maximum Density. The maximum density may be exceeded no more
than an amount necessary to account for other adjustments granted
under this section;
8. Residential Use in Mixed Use Buildings. An adjustment shall be
granted to allow:
a. Residential use on the ground floor of a commercial mixed use
buildings except that one building within mixed-use development
that fronts and is within 20-ft of the street; and
b. Nonresidential uses that support residential uses including
lobbies, day care, passenger loading, community rooms, exercise
facilities, offices, activity spaces or live work spaces shall be
allowed unless specifically and clearly defined mixed-use areas
or commercial corridors designated by local governments
prohibit them;
9. Design Standards.
a. Facade materials, color or pattern;
b. Facade articulation;
c. Roof form and material requirements;
d. Garage door orientation unless the building is adjacent to or
across from a school or public park;
e. Window materials, except for bird-safe glazing requirements;
f. Up to a 30 percent decrease in total window area provided at least
12 percent of the primary facade consists of window area;
g. Manufactured Dwelling Parks, Middle Housing as defined in ORS
197A.420, multifamily housing and mixed-use residential may
adjust the following design standards:
39 —Ordinance No. _2120_; (Council Meeting 12/12/24)
i. Building orientation requirements, not including transit
street orientation requirements;
ii. Building height transition requirements that are not
more than a 50 percent adjustment from the base zone;
iii. Requirements for balconies and porches; and,
iv. Requirements for recesses and offsets.
17.13.300 Variances.
A. Applicability. A variance is an exception to a code standard that does not
otherwise conform to the provisions of Section 17.13.300 and that meets all
of the criteria in Section 17.13.400(B).
B. Approval Criteria. Variance requests are reviewed using a Type Ill
procedure in accordance with CPMC 17.05.400. Approval of a variance
must be based upon finding that all of the following criteria are met:
1. A hardship to development exists which is unique to the lot size or
shape, topography, or other similar circumstances related to the
property over which the applicant has no control, and which are not
applicable to other properties in the vicinity (e.g., the same zoning
district);
2. The variance is the minimum necessary to address the special or
unique physical circumstances that creates the hardship;
3. The hardship is not self-imposed;
4. Existing physical and natural systems, such as but not limited to
traffic, drainage, natural resources, and parks, will not be adversely
affected any more than would occur if the development occurred as
specified by the subject code standard
5. The variance will not be materially detrimental to adjacent property
owners or the public; and,
6. The variance does not conflict with other applicable city policies or
other applicable regulations.
17.13.400 Expiration.
Variance approvals shall expire after two (2) years from the effective date of
decision if the project has not been started, as evidenced by building permit
approved, and pursued to substantial completion such that the project is nearing
40 — Ordinance No. _2120_; (Council Meeting 12/12/24)
certificate of occupancy. The Applicant may request a one (1) year extension in
accordance with the applicable land use procedures set forth in CPMC 17.05.
SECTION 12. CPMC Chapter 17.56, Nonconforming Uses, is hereby amended in
its entirety to read as follows:
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.
17.56.060 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':
zoning districts are established up to twenty years in advance of actual planned
development Ds 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 communit„ Thee p�Q e-ef hL chapt -is to establish procedures for
dealing with nonconforming uses in a manner that will promote the implementation of
the comprehensive plan while providling temporary protection for nonconforming uses
{Ord. 1136 §2(part), 1981).
17.56.020 Definition.
"I egal 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
ordinance codified in this title. (Ord. 1436 §2(part), 1981).
as either Class A or Class B nonconforming uses according to the following criteria:
by the planning commi 'lion based upon findings that all of the following criteria apply:
41 - Ordinance No. _2120_; (Council Meeting 12/12/24)
•
,
•
•
•
with which +he „se nr +r„c+„re does not conform•
•
•
•
•
pepese for which it was designed;
• ct property or on any
. .•- • in accordance
designated
with the provisiio of the zoning ordinances
s and structures not Class A shall become Class B
17 5F n'ln Procedures for Cla s 0 designation
A. All properties within the city of Central Point that meet the classification criteria listed
+n Section 17.56.030(A) or (B) shall be identified on a map of the city kept in and
maintained by the planning department.
or his representative by the following procedure:
neces ry 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);
planning commission meeting. A denial by the planning commission may be appealed
to the city council;
42 - Ordinance No. _2120_; (Council Meeting 12/12/24)
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
title;
7. Upon approval of a designation change to Clans A, such change shall be reflected on
1786 §7, 1998; Ord. 1681 §51, 1993; Ord. 1615 §11, 1989; Ord. 1136 §2(part), 1981).
17.56.050 Revocation of Class A designation.
,
ircumstances, the use or structure no longer qualifies for
Clans A designation.
B. Upon revocation of a Class A designation, the property and its structures and uses
Section 17.56.060(B). (Ord. 1436 §2(part), 1981).
17 5R 060 Rena ilations pertaining to Class 4 and B nonconforming ucen
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;
,
remodel or otherwise be physically or stri Intl irally improved provided s ich
,
improvements;
2,-A-C-lass-A-n-e-n-Genfiarm-i-n-g-use-s-hall-not--be-resumed-if--i-t-has-laeen-el-isGe-n-tinued-fef-a
continuous period of at least twelve months or if it has been changed to a conforming
use for any period;
4. No Clans A structure or property shall be used, altered or enlarged in violation of any
designation as Class A;
43 — Ordinance No. _2120_; (Council Meeting 12/12/24)
.
•
;
,
it existed prior
to the adoption of the ordinance codified in this title, except that if the use will be
of hi-s section-and--shallbc considered discontinued if notes-operation within one year of
ted Class B nonconforming uses
and structures•
1. Routine maa n.te
nonconforming use, site or structure;
gnlarged, nor shall the floor space allocated to a nonconforming use be moved, altered
3. The planning commission, or city council, on appgal may grant an application for a
•
those required by law;
41. If a Class B nonconforming structure, or structure containing a nonconforming use, is
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;
nonconforming use has been changnd-te a conforming use, or if the
44 — Ordinance No. _2120_; (Council Meeting 12/12/24)
months or more, said use shall be considered abandoned, and said building, structure
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 Claims 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
district in which the lot is located. (Ord. 1762 §1, 1997; Ord. 1615 §47, 1989; Ord. 1451
§1, 1982; Ord. 1436 §2(part), 1981).
Sections:
17.56.010 Purpose.
17.56.020 Nonconforming Use.
17.56.030 Nonconforming Development.
17.56.040 Nonconforming Lot.
17.56.010Purpose.
The purpose of this chapter is to establish standards and procedures for the
continuation of uses and developments that are lawfully established but do not
comply with the current Code standards ("nonconforming situations"). It is the
intent of this Chapter to protect the public health, safety and welfare while
allowing reasonable use of private property. There are three nonconforming
situations addressed in this chapter as follows:
A. Nonconforming uses (e.g. industrial use in residential zone) are subject to
subsection 17.56.020.
B. Nonconforming developments (e.g. a structure does not meet setback,
height or other development standards) are subject to subsection
17.56.030.
C. Nonconforming lots (e.g. a lot is smaller than the minimum area standards)
are subject to subsection 17.56.040.
45 —Ordinance No. _2120_; (Council Meeting 12/12/24)
17.56.020Nonconforming Use.
Nonconforming uses that were lawfully established, but that would not be
permitted under the current Code, may continue subject to conformance with the
following requirements:
A. Location. The nonconforming use shall not be moved in whole or in part
from one lot to another lot, except to bring the use into conformance with
this Code.
B. Expansion. A nonconforming use may be expanded up to 20% of the
subject site or building area provided that the expansion does not create
any new, or expand any existing, physical nonconformity of the site or
building. Expansions authorized herein shall be processed using Type I
land use procedures set forth in CPMC 17.05.200.
C. Discontinuation or Abandonment. A nonconforming use that is
discontinued for any reason for more than 12 months shall be deemed
abandoned and no longer be an allowed use. For purposes of calculating
the 12 month period, a use is discontinued when:
1. The use of land is physically vacated;
2. The use ceases to be actively involved in the sale of merchandise or
the provision of services; for example, as evidenced by the removal
of signs, goods, stock or office equipment, or the disconnection of
telephone or utility service;
3. Any lease or contract under which the nonconforming use has
occupied the land is terminated; or,
4. A request for final reading of water and power meters is made to
applicable utility districts.
17.56.030Nonconforming Development
Nonconforming developments include structures, buildings, and site
improvements that were lawfully established but that include conditions that
could not be built under the terms of the current Code, due to changes in
development standards, such as, lot coverage, setbacks, building height, access,
landscaping, parking or other standards. Nonconforming development may
remain on the site so long as it remains otherwise lawful and complies with the
following regulations:
A. Alterations. A nonconforming development can be enlarged or altered in a
way that does not increase its nonconformity, through a Type I review. For
46 - Ordinance No. _2120_; (Council Meeting 12/12/24)
example, an addition to an existing building that does not meet a required
setback could be approved provided the building line does not further
encroach on the nonconforming setback.
B. Destruction. In the event a nonconforming development or nonconforming
portion of a development is destroyed by fire, flood or other catastrophe
beyond the owner's control, the nonconforming development may be
reconstructed within 24 months in a manner that does not increase the
nonconformity as it existed before the event. If the development is not
reconstructed and received certificate of occupancy or is substantially
complete within 24 months, the nonconformity shall no longer be allowed
and reconstruction shall only be in full conformity with this Code.
C. Roadway Access. Notwithstanding the foregoing provisions, the owner of a
nonconforming driveway approach or access to a public street or highway,
upon receiving land use or development approval, may be required as a
condition of approval to bring the nonconforming access into conformance
with the standards of the applicable roadway authority.
D. Relocation or Removal. Once a nonconforming structure or a portion of a
nonconforming structure or development is moved, it shall thereafter
conform to current standards.
CPMC 17.56.040 Nonconforming Lot
A. A lot of record, or a parcel of land for which a deed or other instrument
dividing the land was recorded with Jackson County prior to May 5, 1980,
which has an area or dimension less than required by this code, shall be
considered legally nonconforming and may be developed and occupied by
a permitted use subject to compliance with the minimum standards of this
code.
B. The taking by eminent domain action of a portion of an existing legal
nonconforming lot shall not affect the legal right of the owner to use the
remainder of such lot in any manner that would have been legal prior to the
taking.
C. If, by the taking by eminent domain action of a portion of a lot, which
includes a legal non-conforming sign(s), said sign(s) may be moved to
another location on the remaining portion of the lot, as permitted by the
Planning Director (or designee), with the signs retaining their legal
nonconforming status. Such relocated sign shall otherwise be in
conformance with all standards of the Zoning Code.
47 —Ordinance No. _2120_; (Council Meeting 12/12/24)
SECTION 13. CPMC Chapter 17.57, Fences, is hereby amended in its entirety to
read as follows:
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.
17.57.045 Battery Operated Fences
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
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.
48 — Ordinance No. _2120_; (Council Meeting 12/12/24)
3. Electrified fences, any height, except where the code provides
otherwise.
C. Setbacks and Design Criteria.
Table 17.57.01 — Fence Regulations
R-L R-1 R-2 R-3 C-N C-4 C-5 M-1 M-2 Civic
Maximum Fence Height 6' 6' 6' 6' 6' 6' 6' 6' 6' 6' h
8' 8'
Fence Permit Required a, a, a, a, a, a; a, a, a, a, a,
a-1 a-1 a-1 a-1 a-1 a-1- a-1 a-1 a- a- a-1
1 1
Front Yard Setback For 6' Fences 6' 20' 20' 20' 20' 20' 20' 20' 20' 20' 20' 20'
and Greater b b b b b la b b b b
Side Yard Setback 0' 0' 0' 0' 0' 6' 0' 0' 0' 0' 0'
Rear Yard Setback 0' 0' 0' 0' 0' 0' 0' 0' 0' 0' 0'
Corner Lot -1-6' 10' 10' 10' 1-01 10' 49'
With a Public Utility Easement (PUE) 10' 10' 10' 10' c e c c c cc
Without a PUE 55'c 5' c 5'Lc 5' c g g g g g g
Masonry Walls, Retaining Walls, e e e e e e e e e e e
Fences Over 6' in Height
Fences in Floodplain or Drainage e e e e e e e e e e e
Easements
Setbacks for Gates 20' 20' 20' 20' 20' 20' 20' 20' 20' 20' e20'
Variances f f f f f f f f f f e-f
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 walla.
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
49 — Ordinance No. _2120_; (Council Meeting 12/12/24)
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 shall be the street frontage minimum planting area width based on street
classification pursuant to CPMC 17.75.039(G), Table 17.75.03.
h. The maximum fence height for public facility, school and utility uses as defined in CPMC
17.08.410(F)(3)(5) and (6) shall be 8-ft. All other uses shall have a 6-ft maximum fence height.
(Ord. 2014 §8, 2015; Ord. 1981 §2 (Exh. B) (part), 2014; Ord. 1969 §1(part), 2013; Ord. 1948 §1, 2011;
Ord. 1846 §2(part), 2003).
17.57.030 Fences in the stream setback area.
Fences are prohibited inside floodways as designated on the Federal Insurance Rate
Maps (FIRMs) for the city of Central Point. However, some types of fences and other
improvements can be allowed within the recommended building setbacks for properties
abutting a stream subject to the criteria set forth in Section 8.24.260(A). (Ord. 1948 §2,
2011; Ord. 1846 §2(part), 2003).
17.57.040 Prohibited fence types.
1. Barbed wire fencing or other like material, which creates an unreasonable or
unnecessary risk of injury.
2. Block or retaining walls, which create impervious water barriers within a stream
setback area as provided in Section 8.24.260. (Ord. 1948 §3, 2011; Ord. 1846
§2(part), 2003).
3. It shall be unlawful to install, maintain or operate an electrified fence in
violation of this section. The construction and use of electrified fences
shall be allowed in the city only as provided in this section, and sections
17.57.010 to 17.57.030 subject to the following standards. For purposes of
this section an electrified fence is any fence, barrier or enclosure partially
or totally enclosing a building, field or yard, carrying any electrical pulse or
charge through any part, section or element thereof. Electrified fence does
not include underground wireless fencing (invisible fencing) which
consists of an electronic system that uses a buried wire and radio signal to
keep dogs or other animals from leaving the yard, which is permitted in any
zone. Electrified fence does not include a battery charged fence, as defined
in section 17.57.045 below.
a. Electrified Fences shall be permitted in the M-1 and M-2 zone subject to
compliance with the standards below. Electrified fences are prohibited
50 — Ordinance No. _2120_; (Council Meeting 12/12/24)
in all other zones.
b. Permitted Electrified fences shall comply with the following:
A. Permits Required. Electrified fences shall only be installed under a
permit issued by the Building Department. Prior to initially energizing
an electrified fence, the property owner or owner's agent shall
contact the Fire Department to ensure fire officials inspect the
premise for compliance and the location is added to the Fire
Department's electrified fence registration list.
B. Electrification. The electric charge produced by the fence upon
contact shall be non-lethal, and shall not exceed the energizer
characteristics set forth in the International Electrotechnical
Commission (IEC) Standard No. 60335-2-76, 2018 edition. All
electrical components shall bear the label of a testing agency
recognized by the State of Oregon Department of Consumer and
Business Services, Building Codes Division. The electrified fence
shall be installed and used in accordance with the Oregon Electrical
Specialty Code and Oregon Structural Specialty Code, the listing,
and the manufacturer's installation instructions.
i. The energizer for electrified fences shall be driven by a
commercial storage battery or batteries, not to exceed 12 volts
DC. The storage battery or batteries may be charged either by a
solar panel, or a commercial trickle charger, or a combination of
both. AC current shall not be used to energize any electrified
fence.
C. Fence Details. Electrified fences shall be constructed in the following
manner:
i. Maximum Height. Electrified fences shall not exceed 8 feet in
height.
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
51 —Ordinance No. _2120_; (Council Meeting 12/12/24)
more than 12 inches.
iii. Setbacks. Electrified fences shall not be located in the front yard
setback, required landscaping areas, or required bufferyard
areas. No electrified fence shall be installed within 12 inches/feet
of a property line.
iv. Fence Standards in conjunction with a Bufferyard. When a
bufferyard exists, the applicant shall provide photographs of the
existing fence or wall and vegetation. When a bufferyard does
not exist and is required under current code, the non-electrified
fence or wall shall be of solid construction (e.g. wood, concrete,
masonry block) and the minimum height shall be eight feet and
can be located at the property line.
D. Warning Signs. Electrified fences shall be clearly identified with
warning signs in English and in Spanish that read: "Warning-Electric
Fence" and include the international symbol for an electrical hazard
at intervals not to exceed thirty feet. The warning signs shall be
mounted on both sides of the electrified fence. The signs shall be
reflective with a minimum two-inch letter height, minimum stroke of
one-half inch and with a contrasting background.
E. Emergency Access. Fire Department access shall be provided in
accordance with the Fire Code and the Oregon Structural Specialty
Code. When a vehicle gate opens automatically, it shall open using a
sensing device approved by the Fire Department. The vehicle gate
shall provide a means for the Fire Department to 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
52 — Ordinance No. _2120_; (Council Meeting 12/12/24)
to the protected property.
G. Surveillance. Electrified fences shall be part of a functioning security
system and monitored 24 hours a day.
H. Compliance. In addition to the remedies set forth in CPMC 17.57.050,
failure to maintain an electrified fence in conformance with the
standards set forth in this section may result in the fence being
declared a public nuisance subject to abatement under Central Point
Municipal Code 8.04.
17.57.045 Battery-charged Fence.
A. Definitions.
1. A "battery charged fence" means a fence that interfaces with an alarm
system in a manner that enables the fence to cause the connected
alarm system to transmit a signal intended to summon law
enforcement in response to an intrusion and has an energizer that is
driven by battery.
2. An "alarm system" means any electrical, mechanical or electronic
device or sensor used to prevent, detect or alert law enforcement or
occupants of burglary, theft, or intrusion of a structure or a vehicle
used as a commercial structure.
B. Standards.
1. A battery-charged fence:
a. Must use a battery that is not more than 12 volts of direct
current;
b. Must produce an electric charge on contact that does not
exceed energizer characteristics set for electric fence
energizers by International Electrotechnical Commission (IEC)
standards;
c. Must be surrounded by a nonelectric perimeter fence or wall
that is not less than five feet in height;
d. May not be higher than the greater of 8 feet in height or two
feet higher than the height of the nonelectric perimeter fence
or wall, whichever is less;
53 —Ordinance No. _2120_; (Council Meeting 12/12/24)
e. Must be marked with conspicuous warning signs that are
located on the fence at not more than 30-foot intervals and that
read: "WARNING: ELECTRIC FENCE."
f. Shall not be installed in any property zoned for, or in use as,
residential property; and
g.
Must obtain an alarm permit from the city if such permit
requirements exist.
17.57.050 Violation--Penalty.
Upon discovering any violation of the restrictions imposed by this chapter, except a
violation of Section 12.20.020, enforcement will be governed by the provisions of
Chapter 17.04.090. (Ord. 1969 §1(part), 2013; Ord. 1846 §2(part), 2003).
SECTION 14. CPMC Section 17.60.190 is hereby amended in its entirety to read
as follows:
A. Purpose and Scope. Home occupations are activities accessory to
residential uses. The intention of the home occupation permit for residential
zones is to provide for a limited service-oriented business activity which is
conducted in such a manner that the residential character of the building and the
neighborhood is preserved. Home occupations have special regulations that
apply to ensure that they will not be a detriment to the character and
livability of the surrounding neighborhood and remain subordinate to the
residential use, and that the residential viability of the dwelling is
maintained.
B. Permit Transfers. No permit for a home occupation shall be transferred or
assigned, nor shall the permit authorize any person other than the person
named therein to commence or carry on the occupation for which the permit was
issued.
C. Prohibited Uses. The following uses are prohibited as a home occupation:
1. Any type of business or occupation involving repair, assembly, body
work or painting of vehicles, recreational vehicles, boats, or equipment
with internal combustion engines (such as autos, motorcycles,
scooters, snowmobiles, outboard marine engines, lawn mowers, chain
saws, and other small engines) or of large appliances (such as washing
machines, dryers, and refrigerators) or any other work related to
automobiles and their parts;
2. Motor vehicle sales;
54 — Ordinance No. _2120_; (Council Meeting 12/12/24)
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 than one employees er-and
more than 3-7-8 customers come to the site per day consistent with the
maximum vehicle trips per item (E)(8) below.- Examples are counseling,
tutoring, hair cutting/styling, and/or nail salon.
G. 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
Review if, and only if, he the Director finds that 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, requiringperiodic review µnd+ gene a!
ant 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 payment of a renewal fee, and
continued compliance with this chapter, and further provided that the permit has
not been revoked pursuant to the provisions of 17.60.190.G below.
E. Home Occupation Standards. A home occupation permit must satisfy the
following criteria:
1. Subject to the limitations of subsection E.2 below, the The home occupation
must be conducted solely within the confines of a„ 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
that there will be
4
3. No signs associated with such a use shall be permitted;
4 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
be employed
and up to one (1) employee not residing in the dwelling consistent with CPMC
17.60.190(C)(5);
55 — Ordinance No. _2120_; (Council Meeting 12/12/24)
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 sixteen 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.
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 50-60 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 50-60 dBA standard.
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.B. 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
56 - Ordinance No. _2120_; (Council Meeting 12/12/24)
business license fee, a fee defined in the city's adopted planning application fee
schedule. This application fee is nonrefundable.
G. Revocation/Termination.
1. The permit may be revoked by the director, if the director
determines that a violation of the permit requirements or conditions exists.
Determinations that a home occupation is in violation include but are not limited
to:
a. Generation of excessive traffic;
b. Monopoly of on-street parking spaces;
c. Frequent deliveries and pickups by motor freight trucks;
d. Excessive noise;
e. Smoke, fumes or odors in excess of those created by normal residential
use;
f. Failure to meet or maintain compliance with this chapter.
g. Other offensive activities not in harmony with a residential
neighborhood.
. for violation ofimposed or authorized, or when it has been found
that the occupation is being conducted in violation of any state statute or city ordinance
carried out by a person other than that named on the permit. The city manager, before
revoking a permit, shall give the permittee reasonable notice and an opportunity to be
heard.
h. Failure to pay the renewal fee by the anniversary date of the permit.
2. Notice of Violation. Upon a determination by the director that a violation
exists, the permit holder will be notified of the violation by certified letter at the
address listed on the permit, and the time period in which the violation must be
corrected. If the alleged violation has not been corrected within 15-days of the
date of the letter, or appealed the notice of violation within 10-days as provided in
subsection (3) below, the director may revoke said permit.
3. Upon Notice of Violation of the permit, an appeal of the decision may be
made to the planning commission, as provided in CPMC 17.60.170. The
revocation of the home occupation permit does not take effect until the expiration
57 —Ordinance No. _2120_; (Council Meeting 12/12/24)
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. G Existing Uses. Persons engaged in home occupations lawfully in existence on
residentially-owned premises on the effective date of the amendment codified in this
section may continue to thus operate but shall be required to secure a permit
hereunder, and any such activity, use, or accessory sign, device or structure, or part
thereof, which does not conform to this section shall not be permitted to expand or
enlarge and shall be removed or terminated upon (1) change of use or ownership of the
premises; sr (2) written complaint of adjacent neighboring property owners, after due
notice and hearing, if the city manager director finds that the interference with the use
and enjoyment of the neighboring premises is such as to defeat the purpose of the
zoning ordinance; or (3) upon expiration of a permit term issued prior to adoption
of this ordinance.
I.I, 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).
SECTION 15. CPMC Chapter 17.76, Conditional Use Permits, is hereby amended
in its entirety to read as follows:
CPMC 17.76, Conditional Use Permits
Sections:
17.76.010 Purpose.
17.76.011 Approvals Process Application and review.
17.76.020 Submittal Requirements Information required.
17.76.040 Criteria, Standards and Conditions of Approval Findings and conditions.
17.76.060050 Expiration.
17.76.070060 Revocation.
17.76.080 Appeal.
17.76.090 Effect.
17.76.110 Mapping.
58 — Ordinance No. _2120_; (Council Meeting 12/12/24)
17.76.120 Change of ownership.
17.76.010 Purpose.
use permit. Because of their There are certain uses, which due to the nature of their
impacts on surrounding land uses and public facilities require a case-by-case
review and analysis. Conditional uses are identified in each zoning district
chapter within this title. The purpose of this chapter is to provide procedures and
standards for permitting conditional uses and to consolidate conditional use
permit and site plan and architectural review as one application when site
development is proposed in conjunction with a conditional use. (Ord. 1436
§2(part), 1981).
17.76.011 Approvals Process. Application and review.
A. Review Procedure. In accordance with CPMC 17.05.100, Table 17.05.01,
Conditional Use Permits are subject to Type III review procedures in
CPMC 17.05.400.
B. Exempt from Separate Site Plan and Architectural Review. When an
application for conditional use permit includes new construction and/or
site development, a separate site plan and architectural review
application is not required.
C. Modifications. Modifications to an approved conditional use permit are
subject to CPMC 17.09, Modifications to Approved Plans and Conditions
of Approval. (Ord. 1786 §10, 1998; Ord. 1436 §2(part), 1981).
17.76.020 Submittal Requirements. Information required.
In addition to the submittal requirements for Type III review under CPMC
17.05.400, applications for conditional use permits shall include a description of
existing conditions, a site plan and information on any recorded and proposed
restrictions or covenants and applicable information for Site plan and
Architectural Review submittal requirements in CPMC 17.72.030(B) and (C). An
application for a Conditional Use Permit shall also contain a narrative report or
letter responding to the approval criteria in Section 17.76.040 below.
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;
59 —Ordinance No. _2120_; (Council Meeting 12/12/24)
•
D. An accurate scale drawing of the site and-improvements proposed. The drawing
the prone al with the requirements of this title.
•
•
p-revisions of this title together with any other data perti
to the granting of a use permit. (Ord. 2014 §12, 2015; Ord. 1436 §2(part), 1981).
g a conditional use permit shall find as follows:
district and all other provisions of this code;
•
highway is adequate in size and condition to effectively accommodate the traffic that is
•
•
•
•
•
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review of those fa st ection--C oh-thissetion;
E. That any conditions required for approval of the permit are deemed necessary to
pirootect th hbliichea4.th afetyd an general welfare and gi ma include.
,
subject zoning district i nless a variance is also granted as provided for in
Chapter 17.13,
characteristics of the proposed use,
60 — Ordinance No. _2120_; (Council Meeting 12/12/24)
s of vehicularg-re..s and egres,
program,
6. Regulation of signs and their locations,
7. Requiring fences, berms, walls, landsc
composition to eliminate or reduce the effects
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,
time,
11. Such other conditions that are found to be necessary to protect the public health,
safety and general welfare,
occupation, the planning commission shall review the criteria-isted in
Section 17.60.190. (Ord. 1823 §5, 2001; Ord. 1681 §72, 1993; Ord. 1615 §55, 1989;
Ord. 1533 §1, 1984; Ord. 1436 §2(part), 1981).
17.76.040 Criteria, Standards and Conditions of Approval
The Planning Commission shall approve, approve with conditions, or deny an
application for a conditional use permit, including requests to enlarge or alter a
conditional use, when all of the criteria and standards in item (A) can be met
outright or as conditioned in accordance with item (B), below.
A. Approval 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;
61 —Ordinance No. _2120_; (Council Meeting 12/12/24)
3. All required public facilities, including water, sanitary sewer, and
streets, have adequate capacity or are to be improved to serve the use,
consistent with City standards; and,
4. A conditional use permit shall not allow a use that is prohibited or not
expressly allowed in the base zoning district; nor shall a conditional use
permit grant a variance without a variance application being submitted
and reviewed along with the conditional use application.
5. Proposed site development and new construction, if applicable, meets
the criteria in CPMC 17.72.040 outright or as conditioned in accordance
with CPMC 17.72.050.
B. Conditions of Approval. The City may impose conditions that are found
necessary to ensure that the use is compatible with other uses in the
vicinity, and that the negative impact of the proposed use on the
surrounding uses and public facilities is minimized. These conditions
include, but are not limited to, one or more of the following:
1. Limiting the hours, days, place, and/or manner of operation;
2. Requiring site or architectural design features which minimize
environmental impacts such as noise, vibration, exhaust/emissions,
light, glare, erosion, odor, and/or dust;
3. Requiring larger setback areas, lot area, and/or lot depth or width;
4. Limiting the building or structure height, size, lot coverage, and/or
location on the site;
5. Designating the size, number, location, and/or design of vehicle access
points or parking and loading areas;
6. Requiring street right-of-way to be dedicated and street improvements
made, or the installation of pathways or sidewalks, as applicable;
7. Requiring landscaping, screening, drainage, water quality facilities,
and/or improvement of parking and loading areas;
8. Limiting the number, size, location, height, and/or lighting of signs;
62 - Ordinance No. _2120_; (Council Meeting 12/12/24)
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;
14.Requiring any conditions for construction or site development pursuant
to CPMC 17.72.050; and,
15.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 Ill review
process, except where the Planning Commission delegates authority to
the City Planning Official to issue renewals, who shall do so through a
Type I or Type II procedure, as applicable (see Chapter 17.05 for review
procedures).
17.76.050 Expiration.
A. A conditional use permit shall lapse and become void one year following the date
on which it became effective, unless:
1. By conditions of the conditional use permit, a greater or lesser time is
prescribed as a condition of approval;
2. Prior to the expiration of one year, a building permit is issued by the city and
construction is commenced and diligently pursued toward completion; or
3. If no building permit is required in the particular case, the conditionally-
approved use has been commenced.
63 —Ordinance No. _2120_; (Council Meeting 12/12/24)
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.
C. If the time limit for development expired and no extension has been granted, the
conditional use permit shall be void. (Ord. 1941 §10, 2010; Ord. 1684 §73, 1993;
Ord. 1436 §2(part), 1981).
17.76.070060 Revocation.
A: The commission, on its own motion, at a public hearing, may revoke any conditional
use permit for noncompliance with the conditions set forth in granting said permit.
Notice of public hearing shall be given as in Chapter 17.05.
•
,
11136 §2(part), 1981).
17.76.080 Appeal.
•
manner prescribed by Chapter 17.05. (Ord. 1615 §57, 1989; Ord. 1436 §2(part), 1981).
17.76.090 Effect.
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•
•
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council grants said conditional use permit, the building permit may issue immediately in
(Ord. 1615 §53, 1989; Ord. 1136 §2(part), 1981).
17.76.110 Mapping.
Within thir y days after the „ranting of a conditional use
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.
•
•
•
. . .
•
SECTION 16. CPMC Chapter 17.92, Enforcement, is hereby repealed in its
entirety.
4 64 — Ordinance No. _2120_; (Council Meeting 12/12/24)
SECTION 17. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered, or
re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e.
Recitals A-C) need not be codified and the City Recorder is authorized to correct any
cross-references and any typographical errors.
SECTION 18. Effective Date. The Central Point City Charter states that an ordinance
enacted by the Council shall take effect on the thirtieth day after its enactment. The
effective date of this ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in authentication of its passage this
LI day of brzcoy-yA1 2024.
Mayor Hank Williams
ATTEST:
City Recorder
�Z 12
65-Ordinance No. 7-12 ; (Council Meeting _/_/24)