HomeMy WebLinkAboutOrdinance 1436..
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` !` ORDINANCE NO. 1436;
AN ORDINANCE ADOPTING MAJOR AMENDMENTS
. TO TEXT OF THE ZONING ORDINANCE
y WHEREAS, the-city Council has heretofore adopted a
comprehensive land use plan and map, and in connection there-
-- "with, major modifications to the text of the zoning ordinance
are necessary and appropriate in order to consolidate aiid
modernize provisions thereof and to render the same compatible"
". with the comprehensive. land .use plan as adopted and to further
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'.its:.purposes and implementation, and
WHEREAS, the City Council has by resolution declared
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its intent to make such modifications to the text of the zoning
ordinance".and public meetings and hearings `upon said proposed.
changes were duly advertised and held before. the Citizen
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~, -Advisory Committee on April 20, 1981, the Planning Commission'
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on April-'21, 1981 and the. City Council on May 21, 1981, and
..:'the: Council has determined that the changes in-.the. city zoning
ordinance reflected-in .Exhibit "A", attached hereto,"and :by`"
this reference incorporated into the within'ordinance,~are
necessary. and appropriate, and should be adopted, now, therefore,
THE~PEOPLE~OF THE CITY OF CENTRAL POINT DO ORDAIN AS
.. FOLLOWS•
Section 1. Title 17 of the Central Point Municipal-
Code, -known as the existing zoning ordinance, is `hereby repealed
in its entirety.
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:Section-2. There is hereby added-to th'e Municipal,`
Code 'of`ahe City of. Central-Point Title 17, known as the revised
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Page ;T - Ordinance No. 14.36 <. :r - :;, ;
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zoning ordinance, which is to read as set forth in Exhibit "A",
attached hereto and by this reference incorporated into the
within ordinance.
Passed by the Council and signed by me in authentication
of its passage this 25th day of June 1981.
Mayor
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Approved by me this 26th day of June ,..19;81.
Mayor
Page 2 - Ordinance No. /~.~~
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City of Central Point
TITLE 17
Revised Zoning Ordinance
May 27, 1981
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Exhibit "A"
Prepared by;
Ron W. Rough
'~ ROGt3E VALLEY COUNCIL OF GOVERNMENTS
17.04.010 -- 17.04.020
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m;}iA i~
ZONING
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Chapters:
17.04
17.08
17.12
17.16
17.20
17.24
17.28
17.32
17.36
17.40
17.44
17.46
17.48
17.52
17.56
17.60
17.64
17.68
17.72
17.76
17.80
17.88
17.92
17.96
Title -- Purpose
Definitions
Zoning Districts
R-F, Residential-Farm District
R-1, Residential Single-family District
R-2, Residential Two-family District
R-3, Residential Multiple-family District
C-l, Neighborhood Convenience Shopping District
C-2, Limited Commercial-Professional District
C-3, Downtown Business District
C-4, Tourist and Office-Professional District
C-5, Thoroughfare Commercial District
M-l, Industrial Limited District
M-2, Industrial General District
Nonconforming Uses
General Regulations
Off-street Parking and Loading
Planned Unit Development
Site Plan, Landscaping and Construction Plan Ap:
Conditional Use Permits
Variances
Amendment
Enforcement
Amen memo Comprehensive Land-Use Plan
Chapter 17.04
TITLE -- PURPOSE
Sections:
oval
17.04.010 Title.
17.04.020 Purposes.
17.04.010 Title. This title shall be known a~s the "City of
Central Point Zoning Ordinance of 1981."
17.04.020 Purposes. The purpose of this title is to encourage
the most appropriate use of land; to conserve and stabilize the
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value of property; to facilitate fire and police protection; to
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17.04.020 --
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.
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2.;
Chapter 17.08
® DEFINITIONS
Sections:
17.08.005
17.08.010
17.08.015
17.08.020
17.08.025
17.08.030
17.08.035
17.08.040
17.08.045
17.08.050
17.08.055
17.08.060
17.08.065
17.08.070
17.08.075
17.08.080
17.08.085
17.08.090
17.08.100
~i 17.08.105
"' 17.08.110
17.08.115
17.08.120
17.08.125
17.08.130
17.08.135
17.08.140
17.08.145
17.08.150
17.08.155
17.08.160
17.08.165
17.08.170
17.08.175
17.08.180
17.08.185
17.08.190
17.08.195
17.08.200
17.08.205
17.08.210
17.08.215
17.08.220
17.08.225
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Generally.
Abutting.
Access.
Accessory Structure or Use.
Adjacent.
Adjoining.
Advertising structure.
Agriculture.
Alley.
Amendment.
Animal hospital or clinic.
Apartment.
Automobile, truck, boat, or mobile home sales lot.
Automobile service station.
Basement.
Billboard.
Block.
Boarding and rooming houses.
Building.
Building area.
Building height.
Buffer.
Centerline.
Church .
City.
City Council.
Clinic.
Condominium
Contiguous.
Convalescent home.
Day care center.
District.
Drive-in businesses.
Dwelling group.
Dwelling, Multi-family.
Dwelling, Single-family.
Dwelling, Two-family.
Dwelling unit.
Family.
Farm use.
Fence, sight obscuring. .
Floor area.
Floor Area Ratio.
Frontage.
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17.08.005 -- 17.08.020
17.08.230
17.08.235
17.08.240
17.08.245
17.08.250
17.08.255
17.08.260
17.08.265
17.08.270
17.08.275
17.08.280
17.08.285
17.08.290
17.08.295
17.08.300
17.08.305
17.08.310
17.08.315
17.08.320
17.08.325
17.08.330
17.08.335
17.08.340
17.08.345
17.08.350
17.08.355
17.08.360
17.08.365
17.08.370
17.08.375
17.08.380
17.08.385
17.08.390
17.08.395
17.08.400
17.08.405
Garage.
Grade.
Guest house.
Hedge.
Home occupation.
Junk yard.
Kennel.
Landscaping.
Lot
Lot area.
Lot, corner.
Lot, coverage.
Lot line, front.
Lot line, rear.
Lot line, side.
Maintain.
Manufactured home.
Mobile home.
Mobile home park.
Nonconforming structure
Outdoor advertising.
or use.
Outdoor advertising structure.
Pets.
Planning Commission.
Plot plan.
Professional office.
Recreational vehicle.
Shopping center.
Sign.
Street.
Structure.
Use.
Yard.
Yard, front.
Yard, rear.
Yard, side.
17.08.005 Generally. As used in this title the masculine
includes the feminine and neuter and the singular includes the
plural.
17.08.010 Abutting. The term "abutting" shall mean adjoining
with a common boundary line except where two or more lots adjoin
only at a single point, such as a corner.
17.08.015 Access. The term "access" shall mean the way or
means by which pedestrians and vehicles enter and leave property.
17.08.020 Accessory structure or use. The terms "accessory
structure" and "accessory use" shall mean a structure or use that
is incidental and subordinate to the main structure or use of the
property and located on the same lot as the main structure or use.
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17.08.025 -- 17.08.090
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17.08.025 Adjacent. The term "adjacent" shall mean near,
close; for example, a commercial-business on an adjacent lot
or across the street from a residence shall be considered "adjacent".
17.08.030 Adjoining. Shall mean the same as "abutting".
17.08.035 Advertising structure. Any notice or advertisement,
pictorial or otherwise, and any structure used as, or for the
support of, any such notice or advertisement, for the purpose of
promoting the sale of or public awareness of any goods, services,
or activities that are not located on the same lot as the adver-
tising structure.
17.08.040 Agriculture. The use of land for agricultural _
purposes, including farming, dairying, pasturage, horticulture,
floriculture, vitriculture, apiaries, and animal and poultry
husbandry, and accessory uses commonly associated with such uses.
17.08.045 Alley. A street which affords only secondary
access to property.
17.08.050 Amendment. A change in the wording, context or
substance of an official ordinance or other publication, including
related maps, illustrations, concepts, or plans.
17.08.055 Animal hospital or clinic. A place where animals
or pets are given medical or surgical treatment and are cared for
during the time of such treatment. Use as a kennel shall be
limited to short-time boarding and shall be only incidental to
the hospital or clinic use.
17.08.06.0 Apartment. A dwelling unit within a multiple-
family building. Commonly a rented unit.
17.08.060 Automobile, truck, boat, or mobile home sales lot.
An open lot used for the display, sale or rental of new or used
motor vehicles, boats, trucks, trailers, or mobile homes in
operative condition and where no repair work is done.
17.08.070 Automobile service station. A building or lot
having pumps and storage tanks where fuels, oils, or accessories
for motor vehicles are dispensed, sold or offered for sale, and
where repair service is secondary.
17.08.075 Basement. A space wholly or partly underground,
and having more than one-half of its height, measured from its
floor to its ceiling, below the average adjoining finished grade.
17.08.080 Billboard. Shall mean the same as "advertising
structure".
17.08.085 Block. An area completely bounded by streets, or
a combination of streets, major rights-of-way, water ways, City
boundary, or other major physical features.
17.08.090 Boarding and rooming houses. A dwelling or part
thereof, other than a hotel or motel where lodging with or without
meals is provided, for compensation, for three or more persons.
17.08.100 -- 17.08.165
17.08.100 Building. Any structure, either temporary or
permanent, having a roof or other covering, and designed or
® used for the shelter or enclosure of any person, animal ar
property of any kind.
17.08.105 Building area. The sum in square feet of the
area of the horizontal projections of all buildings on a lot,
excluding open pergolas, steps, chimneys, eaves, buttresses,
cornices, unenclosed and unroofed terraces, and minor ornamental
features projecting from the walls of the building that are
not directly supported by the ground.
17.08.110 Building height. The vertical dimension of a
building as measured from the finished grade of the lot to the
highest point of the building. Where a building is located on
sloping terrain, the height may be measured from the average
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building line elevation.
17.08.115 Buffer. A land area or a physical barrier such as
a wall, hedge, fence, water way, or other feature that has been
established for the purpose of reducing or mitigating the adverse
effects of a land use upon another land use.
17.08.120 Centerline. The linear center line of a right-of-
way, as established by the City.
17.08.125 Church. A permanently located building wholly or
partly used for the. purpose of religious worship.
17.08.130 City. The term "City", as used in this document,
® shall mean the City of Central Point, Oregon.
17.08.135 City Council. The term "City Council", as used in
this document, shall mean the City Council of the City of Central
Point, Oregon.
17.08.140 Clinic. A place for group medical services not
involving overnight housing of patients.
17.08.145 Condominium. An estate in real property consisting
of an undivided interest in common in a parcel of real property
together with a separate interest in space in a residential,
industrial or commercial building, such as an apartment, office
or store.
17.08.150 Contiguous. Shall mean the same as "abutting" and
"adjoining".
17.08.155 Convalescent home. A group quarters type facility
for either short or long term individual care, medical treatment,
rehabilitation or recuperation from disability or illness.
17.08.160 Day care center. Any type of regularly operated
group day care programs, including nurseries for children of
working parents, nursery schools for children under minimum age
for education in a public school, parent cooperatives, nursery
schools, playgrounds for preschool children and programs covering
after-school care for school children.
17.08.165 District. A portion of the total area within the
~• `- boundaries of the City of Central Point within which specific
sections of this ordinance apply. For example, the R-l, Residential
Single-family district.
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17.08.170 -- 17.08.235
17.08.170 Drive-in businesses. All automobile service
stations, businesses which dispense gas and oil as an anciliary
use, car washes, commercial parking lots, convenience dairies,
fast food outlets, and any other commercial uses where products
or services are delivered or administered directly to motor
vehicles or their occupants.
17.08.175 Dwelling group. A group of two or more detached
buildings used for residential dwelling purposes, located on a
parcel of land in one ownership and having any yard or court
in common .
17.08.180 Dwelling, multi-family. A building containing
three or more residential dwelling units.
17.08.185 Dwelling, single-family. A detached building
containing a single residential dwelling unit.
17.08.190 Dwelling, two-family. A detached building
containing two residential dwelling units.
17.08.195 Dwelling unit. One or more rooms designed for
occupancy by one family and having no more than one cooking
facility.
17.08.200 Family. A household head and one or more other
persons living in the same household who are related to the
head by blood, marriage, or adoption. The term "household"
refers to all persons residing within a dwelling unit.
17.08.205 -Farm use. The use of land for the purpose of
obtaining a profit from the production and sale of agricultural
products, animals or animal products, including accessory uses.
17.08.210 Fence, sight obscuring. A fence constructed in
such a manner or of such materials as to obstruct vision.
17.08.215 Floor area. The sum in square feet of all floor
areas on each floor of a building, contained within the exterior
walls of all buildings on a specific lot.
17.08.220 Floor Area Ratio (F.A.R.). A mathematical ratio
determined by dividing the total floor area of a building or
buildings by the area of the lot on which it (or they) is located.
Example: Total Floor Area = F.A.R.
Total Lot Area
17.08.225 Frontage. That portion of a lot which abuts a
dedicated public street or highway.
17.08.230 Garage. A fully enclosed detached accessory building
or portion of a main building, designed for the shelter or storage
of an automobile. .
17.08.235 Grade. The avera~
at the centers of all walls of a
• parallel to and within five feet
elevation opposite the center of
ground elevation or "grade".
3e elevation of the finished ground
building, except that if a wall is
of a sidewalk, the sidewalk
-the wall shall constitute the
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17.08.240. -- 17.08.300
17.08.240 Guest house. An accessory building designed and
used for the purpose of providing temporary living accommodations
for guests or for members of the same family as that occupying
the main building, and containing no kitchen facilities.
17.08.245 Hedge. A series of plants, shrubs, or other land-
scape material, so placed as to act as a buffer or to form a
physical barrier or enclosure.
17.08.250 Home occupation. Any occupation conducted within
a residential dwelling unit by a member or members of the family
residing in that unit, provided such occupation is clearly
incidental and secondary to the primary residential use of that
dwelling and is in accordance with Section 17.60.180.
17.08.255 Junk yard. A place where waste, discarded or
salvaged materials are bought, sold, exchanged, baled, packed,
disassembled or otherwise handled, including auto wrecking yards,
house wrecking yards, used lumber yards and places or yards for
the storage of salvaged materials, not including such places where
these types of uses are conducted entirely within a completely
enclosed building.
17.08.260 Kennel. Any premises where five (5) or more dogs,
cats, or other small animals or any combination thereof, are kept
commercially. or permitted to remain, for board, propagation,
training or sale, not including veterinary clinics and animal
hospitals.
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17.08.265 Landscaping. Any combination of permanently
maintained live trees, lawn, shrubs, or other plant materials,
including inorganic accessory materials utilized to accent or
complement the vegetation. Fountains, ponds, sculpture, lamp
posts, fences, and other functional or decorative features may
be integral components of a landscape plan.
17.08.270 Lot. A parcel of land lawfully created as such in
accordance with the subdivision laws or ordinances in effect at
the time of its creation.
17.08.275 Lot area. The total area within the boundary lines
of a lot, exclusive of any-street or alley rights-of-way.
17.08.280 Lot, corner. A lot situated at the intersection
of two or more streets, which have an interior angle of inter-
section of not more than one hundred thirty-five (135) degrees.
17.08.285 Lot, coverage. The percentage of the lot area,
exclusive of rights-of-way, that is covered by structures or
buildings, including accessory buildings.
17.08.290 Lot line, front. The property line abutting a
street. In the case of a corner lot, the property. line having
the shortest street frontage.. In cases where both street frontage
property lines are of equal length, the front lot line shall be
the line located along the longer of the two block faces.
~_ 17.0.8.295 Lot line, rear. A lot line not abutting a street,
which is opposite and most distant from the front lot line.
17.08.300 Lot line, side. Any lot line not meeting the
definitions_of a "front" or "rear" lot line.
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17.08.305 -- 17.08.350
17.08.305 Maintain. To cause or allow to continue in
existence. When the context indicates, the word shall mean
"to preserve and care for a structure, improvement, condition
or area to such an extent that it remains attractive, safe and
presentable and carries out the purpose for which it was
installed, constructed or required."
17.08.310 Manufactured home. A residential dwelling unit
that is manufactured primarily in a factory or other off-site
location .then transported as a unit or in components to the site
for assembly and permanent installation on a foundation.
17.08.315 Mobile home. A structure designed with wheels for
transporting from its place of manufacture to a permanent or
temporary site where it is used as a residential dwelling having
complete bath and kitchen facilities, but not necessarily a
permanent foundation.
17.08.320 Mobile home park. Any lot on which two or more
mobile homes are located and being used for residential purposes,
other than as a guest house, and where the primary purpose is to
rent space, rent related or necessary facilities, or to offer
space and facilities in exchange for trade or services.
17.08.325 Nonconforming structure or use. A structure,
building, or use that was lawfully constructed or established,
but which no longer conforms to the regulations or requirements
® of this chapter.
17.08.330 Outdoor advertising.- Any signing, lettering, or
use of flags, pennants, banners, or other devices for the purpose
of attracting attention or promoting the sale or usage of a
product or service not available on the premises on which the
advertising is being done. This is generally not applicable to
advertising generally associated with candidates for public
office or for or against the adoption of any ballot measure.
17.08.335 Outdoor advertising structure. Any structure
erected and maintained for outdoor advertising purposes, including
billboards, off-premises signs, and similar structures.
17.08-.340 Pets. Those animals, fowl, insects, or fish which
are normally and reasonably kept as household pets, not including
any animals that are considered wild or vicious, or other creatures
which, if not contained, would be considered dangerous to the
public health or safety.
17.08.345 Planning Commission. The term "Planning Commission"
as used in this document, shall mean the Planning Commission of the
City of Central Point, Oregon.'
17.08.350 Plot plan. A scale drawing of a lo.t and the adjacent
and surrounding areas, showing the use and location of all existing.
and proposed buildings, structures and improvements, and drawn to
such a scale, detail and description as may be required by staff,
the Planning Commission or provisions of Chapter 17.72. (Also
commonly referred to as a "site plan".)
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17.08.355 -- 17.08.405
17.08.355 Professional office. Offices which deal primarily
with professional services and in which goods, wares and general
merchandise are not commercially created, sold or exchanged. Such
offices commonly include medical, engineering, architecture, law,
accounting, bookkeeping and brokerage offices.
17.08.360 Recreational vehicle. A motorhome, travel trailer,
tent trailer, or other vehicle, with or without motive power,
which is designed for human habitation for recreational purposes
and which may be legally moved on public roads and highways.
Such vehicles generally do not contain complete kitchen, bath,
sanitation, electrical or heating facilities and, therefore, are
not considered to be permanent dwelling units.
17.08.365 Shopping center. A group of commercial establish-
ments planned, developed, owned or managed as a unit; related in
location, size and types of shops to the trade area it serves;
and including an overall landscaping and parking plan and other
design elements intended to tie the individual stores into the
total "center" concept.
17.08.370 Sign. An identification, description, illustration
or device which is affixed to or represented, directly or indirectly,
upon a building, structure or land and which directs attention to a
product, place, activity, person, institution or business. Each
display surface of a sign shall be a considered a sign.
® 17.08.375 Street. The entire width between the right-of-way
lines of every way for vehicular and pedestrian traffic and
includes the terms road, highway, lane, place, avenue, alley,
and other similar designations.
17.08.380 Structure. Anything constructed or built which
requires location on the ground or is attached to something
having a location on the ground, including. swimming pools, covered
patios, fences and walls; but not including normal plants and
landscaping materials, paved outdoor areas, walks, drivez~ays, and
similar improvements.
17.08.385 Use. The purpose for which land or a structure is
designed, arranged, or intended, or for which it is occupied or
maintained.
17.08.390 Yard. An open space on a-lot which is unobstructed
from the ground upward, except as provided in Section 17.60.100.
17.08.395 Yard, front. An open, unoccupied and unobstructed
space extending the full width of the lot between the building
and the front lot line.
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17.08.400 Yard, rear. An
space extending the full width
and the rear lot line.
17.08.405 Yard, side. An
space extending from the front
building and the nearest side
open, unoccupied and unobstructed
of the lot between the building
open, unoccupied and unobstructed
yard to the rear yard between a
lot line.
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17.12.010 --17.12.040
Chapter 17.12
ZONING DISTRICTS
Sections:
17.12.010
17.12.020
17.12.030
17.12.040
17.12.050
17.12.060
Compliance with provisions.
Zones -- Classification.
District -- Location.
Zoning Maps.
District -- Boundaries.
Zoning of annexed area.
17.12.010 Compliance with provisions. A lot may be used
and a structure or part thereof constructed, reconstructed,
altered, occupied or used only as this title permits.
17.12.020 Zones -- Classification. For the purposes of
this title, the following zones are established in the City:
Abbreviation District
a
R-F Residential-Farm
R-1 Residential Single-family
R-2 Residential Two-family
R-3 Residential Multiple-family
C-1 Neighborhood Convenience Shopping
C-2 Limited Commercial-Professional
C-3 Downtown Business District
C-4 Tourist and Office-Professional
C-5 Thoroughfare Commercial
M-1 Industrial Limited
M-2 Industrial General
17.12.030 District -- Location. The boundaries-for each
district listed in this title are the boundaries indicated for
the district by the City Zoning Map of 1981, which is adopted
by reference. The boundaries shall be modified in accordance
with zoning map amendments, which amendments this section sub-
sequently adoptes by reference.
17.12.040 Zoning maps. A zoning map or zoning map amendment
adopted by Section 17.12.030 or by an amendment to the section
shall be prepared by authority of the City Planning Commission
or be a modification by the City Council of a map or map amend-
ment so prepared. The map or map amendment shall be dated with
the date of its approval by the Planning Commiss~.on or the
effective date of the ordinance that adopts the map or map
amendment. A certified print of the adopted map or map amendment
shall be maintained without change in the office of the City
recorder as long as the ordinance codified in this title remains
in effect.
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17.12.050 -- 17,12.060
17.12.050 District -- Boundaries. Unless otherwise
specified, district boundaries are lot lines, the centerlines
of streets or such lines extended. If a district boundary
divides a lot into two districts, the entire lot shall be
placed in the district that accounts for the greater area of
the lot by the adjustment of the district boundary, provided
the boundary adjustment is for a distance not to exceed
twenty feet.
17.12.060 Zoning of annexed area. All future annexations
are expected to include only lands within the City's Urban
Growth Boundary (UGB). The Comprehensive Plan of Central Point
includes a plan for future land uses within the UGB area and a
zoning plan that is consistent with the Comprehensive Plan and
which will determine the district into which a newly annexed
area is placed. In the event that an area is annexed to the
City prior to final State approval of the City's Urban Growth
Boundary, the proposed UGB land use and zoning maps shall act
as a zoning guide for City Council approval. The appropriate
zoning district shall be applied to the area upon annexation.
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17.16.010 -- 17.16.020
Chapter T7.16
R-F, RESIDENTIAL-FARM .DISTRICT
Sections:
17.16.010 Purpose.
17.16.020 Permitted uses.
17.16.030 Conditional uses.
17.16.040 Height regulations.
17.16.050 Area, width and yard requirements.
17.16.060 Lot coverage.
v
17.16.010 Purpose. The purpose of the R-F district is
to provide for a semi-rural residential environment along the
periphery of the Urban Growth Boundary to act as an effective
transitional area or "buffer" between urban and rural land uses.
17.16.020 Permitted uses. The following uses and their
accessory uses are permitted in the R-F district:
A. Single-family dwelling.
B. Single-family mobile or manufactured home.
C. Agricultural uses, including any customary agricultural
buildings,. with the keeping of animals limited as follows:
1. No-swine shall be kept in an R-F district.
2. Pets, as defined in Chapter 17.08, are permitted.
3. Horses, donkeys, burros, ponies, cows, goats and
sheep are permitted on lots of one acre or larger,
provided that there shall be no more than two (2)
head over the age of six months per acre.
4. Barns, stables, feed areas other than browsing areas,
and other buildings and structures to house or
contain animals.
D. Other uses not specified in this or any other district,
if the Planning Commission finds them to be similar to
and no more objectionable or obnoxious than those listed
above.
E. Accessory uses are permitted as
1. Living quarters for persons
premises; but not including
for transient workers.
2. Guest house, not rented or
business.
follows:
regularly employed on the
labor camps or accommodations
otherwise conducted as a
3. Office incidental and necessary
permitted use or a related home
by the Planning Commission.
to the conduct of a
occupation approved
4. Storage facilities or areas for farm-related equipment,
if located in the rear yard area and hidden from view
from the street by a solid fence, shrubbery, or other
barrier of at least five (5) feet in height.
~ /~36 13
17.16.030 -- 17.16.060
a~'
17.16.030 Conditional uses. The following uses and their
accessory uses are permitted in an R-F district when authorized
in accordance with Chapter 17.76:
A. Home occupations, subject to the provisions of
Section 17.60.180.
B. Rest, nursing and convalescent homes.
C. Cemeteries, mausoleums, columbariums, crematoriums.
D. Churches and similar religious institutions.
E. Public and parochial schools.
F. Public and governmental uses including parks and
recreational facilities, fire stations, museums, but
not including storage or repair yards, warehouses or
similar uses.
G. Poultry, apiaries, or the raising or keeping of any
animals, birds or fowl not permitted in the list of
permitted uses.
H. Planned unit developments, subject to the provisions
of Chapter 17.68.
17.16.040 Height regulations. A maximum height of two and
one-half (22) stories, or thirty-five (35) feet, whichever is
the lesser, is allowed in an R-F district; provided that this
regulation shall not apply to barns, silos, water towers or tanks,
windmills or other farm buildings or structures on farms, provided
such buildings or structures are not less than fifty (50) feet
from the nearest property line if they exceed the 35 ft. height
limitation.
17.16.050 Area, width and yard requirements. The following
lot requirements shall be observed:
A. Lot Area: The lot area shall be a minimum of one (1) acre.
B. Lot Width: The lot width shall be a minimum of one hundred
(100) feet.
C. Front Yard: The front yard shall be a minimum of twenty
(20) feet and a maximum of fifty (50) feet.
D. Side Yard: Side yards shall be a minimum of te n i10) feet;
however, side yards abutting a street shall be a minimum of
twenty (20) feet in width.
E. Rear Yard: The rear yard shall be a minimum of twenty (20)
feet.
~~
17.16.060 Lot Coverage. The maximum permitted aggregate
building coverage shall be twenty (20) percent of the total lot
area.
-. _ 14
#~ %y.3~
17.20.010 -- 17.20.030
Chapter 17.20
R-1, RESIDENTIAL SINGLE
FAMILY DISTRICT
Sections:
17.20.010 Purpose.
17.20.020 Permitted uses.
17.20.030 Conditional uses.
17.20.040 Height regulations.
17.20.050 Area, width and yard requirements.
17.20.060 Special yards and distances between buildings.
17.20.070 Lot Coverage.
17.20.010 Purpose. The purpose of the R-1 district is
to stabilize and protect the urban low-density residential
characteristics of the district while promoting and encouraging
suitable environments for family life.
17.20.020 Permitted uses. The following uses and their
accessory uses are permitted in an R-1 district:
A. Single-family dwelling.
B. Public schools, parks and recreation facilities.
C. Churches and similar religious institutions.
D. Parochial and private schools, but not including
business, dancing, music, trade, technical or
nursery schools, kindergartens or day nurseries.
17.20.030 Conditional uses. The following uses and their
accessory uses are permitted in an R-1 district when authorized
in accordance with Chapter 17.76:
A. Home occupations subject to the provisions of
Section 17.60.180.
B. Recreational uses, parks, and similar uses that are open
and available to the general public and intended to provide
for the recreational or park needs of the neighborhood or
community.
C. Public and public utility buildings, structures and uses, but
not including corporation, storage or repair yards, ware-
houses and similar uses.
D. Developer's project and sales offices, including mobile
homes or trailers adapted to that purpose, during
construction of the project only.
E. Public and parochial early childhood development preschools.
15
,~~~
17.20.040 -- 17.20.070
® 17.20.040 Height regulations. A maximum height of two and
one-half stories, or thirty-five feet, whichever is the lesser,
is allowed in an R-1 district.
17.20.050 Area, width and yard requirements. The following
lot requirements shall be observed:
A. Lot Area: The lot area shall be a minimum of 6000
square feet with corner lots being a minimum of 7000
square feet.
B. Lot Width: The minimum width of a lot in an R-1
district shall be sixty (60) feet, with corner lots
being a minimum of seventy (70) feet in width.
C. Lot Depth: No requirement. .
D. Front Yard: The front yard shall be a minimum of
twenty (20) feet.
E. Side Yard: Side yards shall be a minimum of five (5)
feet per story. Side yards abutting a street shall
be a minimum of twenty (20) feet in width.
F. Rear Yard: The rear yard shall be a minimum of
fifteen (15) feet.
® 17.20.060 Special yards and distances between buildings.
The distance between any principal building and detached
accessory building shall be a minimum of ten (10) feet.
17.20.070 Lot Coverage. The maximum permitted aggregate
building coverage shall be forty (40) percent of the total lot
area.
~~
~ J~3~ 16
17.24.010 -- 17.24.030
Chapter 17.24
® R-2, RESIDENTIAL TWO-FAMILY DISTRICT
Sections:
17.24.010 Purpose.
17.24.020 Permitted uses.
17.24.030 Conditional uses.
17.24.040 Height regulations.
17.24.050 Area, width and yard requirements.
17.24.060 Lot Coverage.
17.24.070 Special yards and distance between buildings.
17.24.080 Restrictions on additional dwelling units on
a single lot.
17.24.010 Purpose. The purpose of the-R-2 district is to
promote and encourage a suitable environment for family life at
a slightly higher density than that permitted in the R-1 district,
and also to provide opportunities for the development of lower-
. cost duplex and attached dwellings. Where this district is
applied to areas of existing single-family homes, the intent is
to preserve the low-density neighborhood character, promote
continued home maintenance and rehabilitation, and allow replace-
. ment housing at slightly higher densities that is compatible with
the overall character of the neighborhood.
17.24.020 Permitted uses. The following uses and their
accessory uses are permitted in the R-2 district:.
A. One-family and two-family dwellings.
B. Public schools, parochial schools, kindergartens, but not
including business, dance, music, art, trade, technical
or similar schools.
C. Churches and similar religious institutions.
D. Public parks. and recreational facilities.
E. Other uses not specified in this or any other district,
if the Planning Commission finds them to be similar to
those listed above.
17.24.030 Conditional uses. The following uses and their
accessory uses are permitted in the R-2 district when authorized
® by the Planning Commission in accordance with Chapter 17.76:
A. Home occupations, subject to the provisions of Section
17.60.180.
B. Rest homes, nursing homes and convalescent homes.
17.24.040 -- 17.24.060
n
C. Private recreational uses and facilities that are
compatible with the residential neighborhood, but
not including such intensive commercial uses as golf
courses and driving ranges, race tracks, amusement
parks, and similar facilities.
D. Public and public utility buildings, structures and
uses, but not including corporation, storage or repair
yards, warehouses and similar uses.
E. Developer's project office and sales office, including
mobile homes and trailers adapted to that purpose,
during construction of the project only.
F. Service, fraternal and lodge organizations.
G. Dwelling groups composed of single-family and/or
duplex dwellings, provided that there shall be at
least three thousand (3,000) square feet of lot area
for each single-family detached dwelling and at least
two thousand five-hundred (2,500) square feet for each
duplex or attached dwelling.
H. Planned unit developments, in accordance with Chapter 17.68.
I. Day care center or similar facilities.
17.24.040 Height regulations. No building or structure
shall exceed thirty-five (35) feet in height in an R-2 district.
17.24.050 .Area, width and yard requirements. The .following
lot requirements shall be observed:
A. Lot Area: The lot area shall be a minimum of six thousand
(6,000) square feet with corner lots being a minimum of
seven thousand .(7,000) square feet.
B. Lot Width: The minimum width of a lot in an R-2 district
shall be sixty (60) feet, with corner lots being a minimum
of seventy (70) feet in width.
C. Lot Depth: No requirement.
D. Front Yard: The front yard shall be a minimum of
twenty ( 20 ) feet.
E. Side Yard: Side yards shall be a minimum of five (5) feet
per story. Side yards abutting a street shall be a minimum
of twenty (20) feet.
F. Rear Yard: The rear yard shall be a minimum of ten (10) feet.
•
17.24.060 Lot coverage. The maximum permitted aggregate
build nid g coverage in an R-2 district shall be fifty (50) percent
of the lot area.
,~ ,5/36
18
17.24.070 -- 17.24.080
'® 17.24.070 Special yards and distances between buildings.
A. The distance between any principal building and detached
accessory building shall be a minimum of ten (10) feet.
B. An inner court providing access to double-row dwelling
group units shall be a minimum of twenty (20) feet.
C. The distance between principal buildings on the same
lot shall be a minimum of one-half the sum of the height
of both buildings, and in no case shall the distance be
less than twelve (12) feet.
17.24.080 Restrictions on additional dwelling units on
a single lot. No additional dwelling units, as defined in this
title, shall be constructed on a single lot upon which there is
an existing dwelling unit or units, unless all of the require-
- ments of this chapter are met, and:
A. Lots meeting the requirements of this title can be
created by partition for each of the additional
dwelling units proposed, and
B. Unoccupied and unobstructed access not less than fifteen
(15) feet wide shall be provided from the street fronting
the lot to the rear dwelling or dwellings on the lot, and
® C. Primary access to each dwelling unit is not gained
through an alley for either pedestrians or vehicles.
i~36 19 .
17,28.010 -- 17.28.020
Chapter 17.28
R-3, RESIDENTIAL-MULTIPLE FAMILY DISTRICT
Sections:
17.28.010 Purpose.
17.28.020 Permitted uses.
17.28.030 Conditional uses.
17.28.040 Height regulations.
17.28.050 Area, width and yard requirements.
17.28.060 Lot Coverage.
17.28.070 Special yards and distances between buildings.
17.28.080 Density
17.28.085 Restrictions on additional dwelling units
on a single lot.
17.28.090 Off-street parking.
17.28.010 Purpose. The R-3 district is intended to provide
opportunities for the development of attractive living environ-
ments at densities greater than permitted in other residential
districts. This district encourages the development of lower
cost per unit housing, including apartments, condominiums, and
® other multiple-family alternatives for both owner and renter
occupants. R-3 districts should be located to maximize direct
access to shopping and employment opportunities, public facilities,
and major streets and highways in order to minimize through traffic
in lower-density residential neighborhoods.
17.28.020 Permitted uses. The following uses and their
accessory uses are permitted in the R-3 district:
A. Single-family dwellings.
B. Duplex and single-family attached dwellings.
C. Multiple-family dwellings and dwelling groups.
D. Boardinghouses and roominghouses.
E. Public schools, parochial schools, kindergartens, but
not including business, dance, music, art, trade,
technical or similar schools.
F. Public parks and recreational facilities.
G. Churches and similar religious institutions.
H. Other uses not specified in this or any other district,
if the Planning Commission finds them to be similar to
those listed above.
' ~ i~.36 2 0
17.28.030 -- 17.28.050
17.28.030 Conditional uses. The following uses and their
accessory uses are permitted in the R-3 district when authorized
by the Planning Commission in accordance with Chapter 17.76:
A. Home occupations, subject to the provisions of
Section 17.60.180.
B. Rest homes, nursing homes, and convalescent homes.
C. Private recreational uses and facilities that are
compatible with the residential neighborhood, but
not including such large or intensive commercial
uses as golf courses and driving ranges, race tracks,
amusement parks, bowling alleys, roller and ice rinks,
and similar facilities.
D. Public and public utility buildings, structures and
related uses, but not including corporation, storage
or repair yards, warehouses and similar uses.
E. Developer's project office and sales office, including
mobile homes and trailers adapted to that purpose,
during construction of the project only.
F. P~obile home and manufactured home developments.
G. Off-street parking lots to serve the residents of
multiple-family developments, mobile home developments,
group quarters facilities and similar uses.
H. Day care center or similar facilities.
I. Planned unit developments, in accordance with Chapter 17.68.
17.28.040 Height regulations. No building or structure
shall exceed thirty-five (35) feet in .height in an R-3 district.
17.28.050 Area, width and yard requirements. The following
lot requirements shall be observed:
A. Lot Area: The lot area shall be a minimum. of six.thousarid
(6,000) square feet with corner lots being a minimum of
seven thousand (7,000) square feet.
B. Lot Width: The minimum width of a lot in an R-3 district
shall be sixty (60) feet, with corner lots being a minimum
of seventy (70) feet in width.
C. Lot Depth: No requirement.
D. Front Yard: The front yard shall be a minimum of
twenty (20) feet.
E. Side Yard: The side yard shall be minimum of five (5)
feet per story. Side yards abutting a street shall be
a minimum of twenty (20) feet in width.
® F. Rear Yard: The rear yard shall be a minimum of ten (10) feet.
' ~ is~36
21
17.28.060 -- 17.28.085
® 17.28.060 Lot Coverage. The maximum permitted aggregate
building coverage in an R-3 district shall be fifty (50) percent
of the lot area.
17.28.070 Special yards and distances between buildings.
A. The distance between any principal building and detached
accessory building shall be a minimum of ten (10} feet.
B. An inner court providing access to double-row dwelling
group units or clustered units shall be a minimum of
twenty (20} feet in width.
C. The distance between principal buildings shall be at -
least one-half the sum of the heights of both buildings;
provided that in no case shall the distance be less than
twelve (12) feet. '
17.28.080 Density. The following measurements indicate
maximum permitted residential density in an R-3 district:
A. Basic lot area for the first dwelling unit shall be
four thousand (4,000) square feet.
B. Lot area required for each additional dwelling unit
shall be twelve-hundred (1,200) square feet.
® C. The Comprehensive Plan Map shall govern all maximum
densities within the City. In some cases, the R-3 zoning
district, which is generally considered "high density",
is applied to areas that are designated "medium density"
on the Comprehensive Plan Map. In such cases, the
following will apply:
1. Maximum overall project density will not exceed the
12 dwelling units per acre maximum density of the
"Medium Density" category, as shown on the Plan Map.
2. All other provisions of the R-3 district will apply
as in any other R-3 district.
3. Medium-density Planned Unit Developments utilizing
R-3 permitted uses shall be encouraged.
17.28.085 Restrictions on additional dwelling units
on a single lot. No additional dwelling units, as defined in
this title, shall be constructed on a single lot upon which
there is an existing dwelling unit or units, unless all of the
requirements of this chapter are met and:
A. Lots meeting the requirements of this title can be
created by partition for each of the additional
dwelling units proposed, and
®, B. Unoccupied and unobstructed access not less than
fifteen (15) feet wide shall be provided from the
street fronting ,the lot to the rear dwelling or
dwellings on the lot, and
- ~ ~ iy,..~~ 2 2
17.28.090 --
C. Primary access to each dwelling unit is not gained
through an alley for either pedestrians or vehicles
17.28.090 Off-street parking. All uses shall provide
off-street parking and loading facilities as required in
Chapter 17.64.
e~
17.32.010 -- 17.32.020
Chapter 17.32
C-1, NEIGHBORHOOD CONVENIENCE SHOPPING DISTRICT
Sections:
17.32.010 Purpose.
17.32.020 Permitted Uses.
17.32.030 Conditional Uses.
17.32.040 Height Regulations.
17.32.050 Area, width and yard requirements.
17.32.060 General requirements.
17.32.070 Signs and lighting of premises.
17.32.080 Off-street Parking.
17.32.010 Purpose. The C-1 district is intended to provide
locations for convenience shopping centers to serve the day-to-
day retail and service needs of adjacent neighborhoods. These
locations should be away from the downtown business district
and central to or on the periphery of residential areas for
ease of access.
17.32.020 Permitted Uses. The following uses are permitted
in the C-1 district:
® A. Pr
1.
2.
3.
4.
5.
ofessional and financial, including:
Banks and similar financial institutions.
Accounting and bookkeeping, offices.
Real estate office.
Insurance company office.
Legal services.
B. Personal services, including:
1. Barber and beauty shops.
2. Self-service laundry.
3. Photo processing pick-up station.
4. Small appliance service.
5. Tailor and shoe repair services.
6. Locksmith
7. Travel Agency
8. Auto service station.
C. Retail stores, including:
1. Supermarket.
2. Convenience market.
3. Health food.
4. Drug.
5. Hardware.
6. Books and stationery.
7. Gifts, notions, variety.
8. Fabrics, yarn, sewing supplies.
9. Auto parts.
l0.Jewelry,
11.Florist.
` ~ iy3~ ~ 2 4
12.
13.
14.
15.
16.
17.
18.
` 19.
D. Com
Music.
Small apQl~.ances .
Sporting goods.
Sit-down restaurants, not including entertainment,
dancing, or sale of alcoholic beverages.
Delicatessen, pastry, confectionery.
General apparel.
Shoes and boots.
Audio, video, electronics sales and service.
mercial parking lot.
E. Public and quasi-public buildings, structures and uses,
but not including corporation, storage or repair yards,
warehouses and similar uses.
F. Other. uses not specified in this or any other district,
if the Planning Commission finds them to be similar to
the uses listed above and compatible with other permitted
uses and with the intent of the C-1 district.
17.32.-030 Conditional uses. The following uses are permitted
in a C-1 district when authorized in accordance with Chapter 17.76:.
A. Accessory uses and buildings customarily appurtenant to a
permitted use, such as incidental storage facilities, may
be permitted as conditional uses when not included within
the primary building or structure.
B. Permitted uses that are referred to the Planning Commission
by City staff because they were found to exhibit potentially
adverse or hazardous characteristics not normally found in
uses of a similar type and size.
C. Family-oriented commercial recreation establishments includ-
ing, but not limited to, Qool/billiard centers, health spas,
exercise or physical fitness centers, arcades/amusement
centers, and similar facilities that are neighborhood
oriented and consistent with the purpose and intent of the
Neighborhood Convenience Center.
17.32.040 Heiaht reaulations. No building or structure shall
exceed thirty-five (35) feet in height in a C-1 district. (Ord.
893 ~3, 050 (4) , 1967) .
17.32.050 Area, width and yard reauirements. The following lot
requirements shall be observed:
A. .Lot Area:. No requirements except as necessary to meet the
off-street parking and loading requirements.
B. Lot Width: No requirements.
C. Lot Depth: No requirements.
D. Front Yard: The front yard shall be a minimum of five (5)
r feet between the front property line and any buildings,
.. structures or parking areas. The front yard area shall be
planted with lawn, trees, shrubs, flowers or other suitable .
landscaping materials and shall be continuously maintained„
in.good condition and in an attractive manner. 25
~y3~
E. Side Yard: No side yards shall be required in a C-1
zone except when a side lot line abuts a lot in a
~"~ residential (R) district and the the side yard shall
be a minimum of ten (10) feet, and when the side lot
line abuts a public right-of-way the side yard shall
be five (5) feet and landscaped.
F. Rear.Yardc No rear yard shall be required in the C-1
zone except when the rear lot line abuts property in
a residential (R) district and then the rear yard shall
be a minimum of ten (10) feet. Where the property in
the C-1 district is separated from property in a
residential (R) district by a public alley, no rear
yard shall be required.
G. Lot Coverage: Maximum lot coverage by buildings and
structures shall be 50 percent of the total lot area.
17.32.060 General Requirements.
A. Uses that are normally permitted in the C-1 district but
that are referred to the Planning Commission for further
review, per Section 17.32.030(B), will be handled accord-
. ing to application procedures for conditional use permits.
No use shall be permitted and no process, equipment or
materials shall be used which are found by the Planning
Commission to be harmful to persons living or working in
,~ the vicinity by reason of odor, fumes, dust, smoke,
cinders, dirt, refuse, water-carried waste, noise,
vibration, illumination or glare, or are found to involve
any hazard of fire or explosion.
B. All businesses, services and processes shall be conducted
entirely within a completely enclosed. structure, except
for off-street parking and loading areas, gasoline stations,
outdoor eating areas, or specially permitted outdoor sales.
C. Open storage of materials related to a permitted use shall
be conditionally permitted only within an area surrounded
or screened by a solid wall or fence having a height of
six (6) feet, provided that-na materials or equipment
shall be stored to a height greater than that of the wall.
D. Wherever the side or rear property lines of a parcel in the
C-1 district abut parcels in a residential (R) district,
a solid wall or fence, vine-covered open fence or compact
evergreen hedge six feet in height shall be located on
that property line and continuously maintained to ensure
effective buffering between the two uses. Where a public
alley separates the two properties, the barrier shall be
placed on the C-1 parcel.
r"
26
17.32.070 Signs and liQhtina of premises.
A. No illiminated sign or lighting standards used for the
illumination of premises shall be so designed and installed
that their direct rays are toward or parallel to a public
•street or highway or directed toward any property that
lies within a residential (R) district.
B. No red, green or amber lights or illuminated signs may be
placed in such a location or position that they could be
confused with,- or may interefere with, any official traffic"
control device, traffic signal. or directional guide signs.
C. Signs in the C-1 district shall be permitted and designed
according to provisions of Chapter 15.24, Sign Code.
17.40.080 Off-street parking. .Off-street parking and
loading space shall be provided as required in Chapter 1.7.64,
Off-street. Parking and Loading.
27
1T.36.010 -- 17.36.020
Chapter 17.36
- C-2, LIMITED COMMERCIAL-PROFESSIONAL DISTRICT .
Sections:
17.36.010
17.36.020
17.36.030
17..36,040
17.36.050
17.36.060
17.36.070
17.36.080
Purpose.
Permitted Uses.
Conditional uses.
Height regulations.
Area, width and yard requirements.
General requirements.
Signs and lighting of premises.
Off-street parking.
17.36.010 Purpose. The C-2 district is intended to
provide a buffer between the central business district and
nearby residential neighborhoods by providing a convenient
location for low-intensity commercial and .professional office
development that is compatible with and serves the needs of
surrounding neighborhoods.
17.36.020 Permitted uses. The following uses are permitted
in the C-2 district: -
~~`;.~ A. Professional and financial, including:
1. Banks and similar financial institutions.
2. Accounting and bookkeeping.
3. Real estate office.
4. Insurance company office.
5. Legal services.
6. Medical services, clinics and laboratories.
7. Architecture and engineering offices.
8. Photographic and art studios.
9. Building, elec. & plumbing contractors' offices.
B. Personal services, including:
~. 1. Barber & beauty shops.
2. Self-service laundry.
3. Photo processing pick-up station.
4. Small appliance service & repair.
5. Tailor and shoe repair.
6. Locksmith
7. Travel agency.
8. Counseling services.
9. Day care center.-
C. Retail outlets, including:
1. Supermarket
2. Convenience market.
3. Drug store.
4. Health food.
5. -Books and stationery.
6. Gifts, notions and variety.
7. Music (incl. records, tapes, equipment)
8. Small appliance sales.
9. Sporting goods.
10. Bicycle shop.
11. Hobby shop.
12. Photographic supplies.
13. Home furnishings, other than major furniture items.
14. Leather goods and luggage.
15. Fabric, yarn and sewing supplies.
16. Florist.
17. Antique shop.
T8. Art and engineering supplies.
19. Audio, video, electronics sales and service.
20. Garden supplies.
21. Sit-down restaurant (no alcoholic beverages).
22. Delicatessen.
23. Pastry or confectionery.
24. Bakery, retail only.
25. General apparel. •
26. Shoes and boots.
27. Specialty apparel.
28. Jewelry.
29. Clocks and watches, sales and service.
D. Television and radio studios and offices.-
E. Commercial parking. lots.
F. Other uses not specified in this or any other district, if
the Planning Commission finds them to be similar to the
uses listed above and compatible with other permitted uses
and with the intent of the C-2 district.
17.36.030 Conditional uses. The following uses are permitted
in the C-2 district when authorized in accordance with Chapter 17.76.
A. Wallcovering, floorcovering, curtains and related sales.
B. Art and music schools.
C. Non-industrial business/vocational schools.
D. Commercial recreation establishments including:, but not
.limited to pool/billard centers, health spas, exercise or
physical fitness centers, arcades/amusement centers, and
similar facilities.
E. Electrical and plumbing supplies.
F. Heating and air conditioning equipment,
G. Auto and furniture upholstery shop.
H. Auto and truck related service, repair and painting.
I. Paint and related equipment sales.
J. Boats and marine equipment sales.
K. Hardware store.
L. Photo processing laboratory.
M. Department store.
N. Private club and organizational meeting facilities..
O. Mortuary.
P. Pet sales and supplies.
Q. Veterinary clinics and grooming, within enclosed structure.
R. .Major appliance sales and service.
S. Printing, lithography and publishing.-
T. Glass and mirror sales and service.
U. Furniture sales.
V. Second hand store.
W. Meat, poultry, fish and seafood sales.
29
' .~ i~3~
17.36.030 -- 17.36.050
X. Restaurants (including alcoholic beverages with meals).
Y. Dairy products, retail sales.
Z. Taxidermist.
AA. Monument sales. .
BB. Public/quasi-public utilities and services.
CC. Limited manufacturing for on-premise sales.
DD. Limited wholesaling of permitted use products.
EE. Accessory uses and buildings customarily appurtenant to
a permitted use, such as incidental storage facilities,
may be permitted as conditional uses when not included
within the primary building or structure.
FF. Permitted uses that are referred to the Planning
Commission by City staff because they were found
to exhibit potentially adverse or hazardous char-
acteristics not normally found in uses of a similar
type and size.
17.36.040 Height regulations. No building or structure
shall exceed fifty (50) feet in height in a C-2 district. (Ord.
893 X3.060(4), 1967).
17.36.050 Area, width and yard requirements. The following
lot requirements shall be observed in the C-2 district:
A. Lot Area: No requirements except as necessary to meet
the off-street parking and loading requirements.
B. Lot width: No requirements.
C. Lot Depth: No requirements.
D. Front Yard: The front yard shall be a minimum of five (5)
feet between the front property line and any buildings,
structures or parking areas. The front yard shall be planted
with lawn, trees, shrubs, flowers or other suitable land-
scaping materials and shall be continuously maintained in
good condition and in an attractive manner.
E. Side Yard: None required except when a side lot line abuts
a lot in a residential (R) district and then the side yard
shall be a minimum of ten (10) feet and, when the side lot
line abuts a public right-of-way then the side yard shall
be five (5) feet and landscaped as described in section
17.36.050(D). Also see 17.36.060(E).
F. Rear Yard: No rear yard shall be required in the C-2 district
except when the rear lot line abuts property in a residential
(R) district and then the rear yard shall be a minimum of ten
(10) feet. Where the property in the C-2 district is separated
from property in a residential district by a public alley, no
rear yard shall be required. Also see 17.36.060(E).
G. Lot Coverage: Maximum lot coverage by buildings and structures
shall be 50 percent of the total lot area.
-~ - ~ j5,36 3 0
17.36.060 -- 17.36.070.
17.36.060 General Requirements.
A. Uses that are normally permitted in the C-2 district but
that are referred to the Planning Commission for further
review, per Section 17.36.030(EE), will be processed
according to application procedures for conditional use
permits. No use shall be permitted and no process, equip-
ment or materials shall be used which are found by the
Planning Commission to be harmful to persons living or
working in the vicinity by reason of odor, fumes, dust,
smoke, cinders, dirt, refuse, water-carried waste, noise,
vibration, illumination or glare, or are found to involve
any hazard of fire or explosion.
B. All businesses, services and processes shall be conducted
entirely within a completely enclosed structure, except
for off-street parking and loading areas, gasoline stations,
outdoor eating areas, or specially permitted outdoor sales.'
C. Open storage of materials related to a permitted use shall
be conditionally permitted only within an area surrounded
or screened by a solid wall or fence having a height of six
(6) feet, provided that no materials or equipment shall be
stored to a height greater than that of the wall.
D. Wherever the side or rear property lines of a parcel in the
C-2 district abut parcels in a residential (R) district, a
solid wall or fence, vine-covered open fence or compact
evergreen hedge six feet in height shall be located on that
property line. and continuously maintained to ensure effective
buffering between the two uses. Where a public alley separates
the two properties, the barrier shall be placed on the C-1
parcel and may include driveway and pedestrian openings to
the alley with Planning Commission approval.
E. The required side and rear yards in the C-2 district shall
be increased by one-half (2) foot for each foot of building
height over twenty (20) feet. No additional setback shall
be required in the front yard for building heights to the
fifty foot maximum, unless the Planning Commission finds such
additional setbacks to be warranted by unusual circumstances
and requires such setback as a condition of approval.
17.36.070 Signs and lighting of premises.
A. No illuminated sign or lighting standard used for the
illumination of premises shall be so designed and installed
that their direct rays are toward or parallel to a public
street or highway or directed toward any property that lies
within a residential (R) district.
B. No red, green or amber lights or illuminated signs may be
placed in such a location or position that they could be
confused with, or may interfere with, any official traffic
control device, traffic signal or directional guide signs.
C. Si ns in the C-2 district shall be
g permitted and designed
according to provisions of Chapter 15.24, Sign Code.
G~~.~.a~~ ~` ~5%~~ ~ 31
17.36.080
17.36.080 Off-street parking. Off-street parking and
loading space shall be provided as required in Chapter 17.64,
Off-street Parking and Loading.
- ~ ~ /y~6 ~ 32 .
17.40.010 -- 17.40.020
Sections:
17.40.010
17.40.020
17.40.030
17.40.040
17.40.050
17.40.060
17.40.070
17.40.080
Chapter 17.40
C-3, DOWNTOWN BUSINESS DISTRICT
Purpose.
Permitted Uses.
Conditional Uses.
Height regulations.
Area, width and yard
General requirements.
Signs and lighting of
Off-street parking.
requirements.
premises.
17.40.010 Purpose. The C-3 district is intended to protect,
stabil zi e and improve the commercial characteristics of the
downtown business district and provide a commercial environment
that is pedestrian-oriented and encourages competition and retail
comparison shopping.
17.40.020 Permitted uses. The following uses are permitted
in the C-3 district:
A. Professional and financial, including:
1. Banks and similar financial institutions.
2. Accounting and bookkeeping.
3. Real estate office.
4. Insurance company office.
5. Legal services.
6. Medical services, clinics, limited laboratories.
7. Architecture and engineering offices.
8. Elec., Building, and Plumbing contractors' offices.
9. Photographic and art studios.
B. Personal services, including:
1. Barber and beauty shops.
2. Small appliance repair.
3. Tailor and shoe repair service.
4. Locksmith.
5. Travel agency.
6. Counseling services.
7. Photo processing pick-up station.
8. Art and music schools.
9. Non-industrial business/vocational schools.
10. Physical fitness/conditioning center.
C. Retail outlets, including.:
1. Department store.
2. Furniture.
3. Drugs.
4. Health Food.
5. Hardware.
6. Books & stationery.
~ i~3~?
33
7.
8.
9.
,~ 10 .
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
3.1.
32.
33.
34.
35.
~+ 3 6 .
37.
38.
39.
'40.
41.
Gifts, notions and variety.
Music (incl. records, tapes, equipment)
Small appliances.
Sporting goods.
Sit-down restaurants & dinner houses (including alcohol).
Tavern (beer only).
Cocktail lounges and clubs.
Delicatessen.
Pastry or confectionery.
Other specialty food outlets.
General apparel.
Shoes and boots.
Specialty apparel.
Jewelry.
Clocks and watches, sales and service.
Bakery, retail-only,
Bicycle shop.
Toy store.
Home furnishings, other than major furniture items..
Leather goods and luggage..
Fabric, yarn and sewing supplies.
Florist.
Garden supplies.
Major appliances, sales and service.
Audio, video, electronics sales and service.
Hobby shop.
Photographic supplies.
Antique shop.
Art & engineering supplies.
Pawn shop.
Wallcovering, floorcovering, curtains, etc.
Electrical & plumbing supplies.
Heating and air conditioning equipment.
Meat, poultry, fish. and seafood.
Dairy products, retail sales.
D. Club and organizational meeting facilities.
E. Walk-in movie theatre (fully enclosed).
F. .Hotel,. with lobby and commercial uses only on ground floor.
G. Television ,and radio broadcasting studio and offices.
H. .Commercial parking lot.
I. Other uses not specified in this or any other district, if
the Planning Commission finds them to be similar to the
uses listed above and compatible with other permitted uses
and with the intent of the C-3 district.
17.40.030 Conditional uses. .The following uses are permitted
in the C-3 district when authorized in accordance with Chapter 17.76:
A. Auto and furniture upholstery shops.
B. Commercial recreation establishments including, but not
limited to pool/billiard centers, health spas, exercise or
physical fitness centers, arcades/amusement centers, and
similar facilities.
34
C. Second hand store.
D. Paint and related supplies and equipment.
E. Printing, lithography and publishing.
F. Glass and mirror sales and service.
G. Pet sales and related supplies.
H. Taxidermist.
I. Public/quasi-public utilities-and services.
J. Wholesaling of permitted use products.
K. Acessory uses and buildings customarily appurtenant to
a permitted use, such as incidental storage facilities,
may be permitted as conditional uses when not included
within the primary building or structure.
L. Permitted uses that are referred to the Planning
Commission by pity staff because they were found to
exhibit potentially adverse or hazardous characteristics
not normally found in uses of a similar type and size.
17.40.040 Heictht recrulations. No building or structure shall
exceed sixty (60) feet in height in the C-3 district.
17.40.050 Area, width and yard requirements. The following
lot requirements shall be observed in the C-3 district:
A. Lot Area: No requirements except as necessary to meet
the off-street parking and loading requirements.
B. Lot Width: No requirements.
C. Lot Depth: No requirements.
D. Front Yard: No requirements.
E. Side Yard: No requirements.
F. Rear Yard: No requirements.
G. Lot Coverage: No requirements except as necessary to meet
the off-street parking and loading requirements.
17.40.060 General Requirements.
A. Uses that are normally permitted in the C-3 district but
that are referred to the Planning Commission for further
review, per Section 17.40.030(L), will be processed
according to application procedures for conditional use
permits. No use shall be permitted and no process, equip-
ment or materials shall be used which are found by the
Planning Commission to be harmful to persons living or
working in the vicinity by reason of odor, fumes, dust,
smoke, cinders, dirt, refuse, water-carried waste, noise,
vibration, illumination or glare, or are found to involve
any hazard of fire or explosion.
35
17.40.070 -- 17.40.080
B. All businesses, services and processes shall be conducted
entirely within a completely enclosed structure, except
for off-street parking and loading areas, outdoor eating
areas, or specially permitted outdoor sales.
17.40.070 Signs and lighting of premises.
A. No illuminated sign or lighting standard used for the
illumination of premises shall be so designed and in-
stalled that their direct rays are toward or parallel
to a public street or highway or directed toward any
property that lies within a residential (R) district.
B. No red, green, or amber
may be placed in such a
could be confused with,
official traffic control
directional guide signs.
lights or illuminated signs
location or position that they
or may interfere with, any
device, traffic signal or
C. Signs in-the C-2 district shall be permitted and designed
according to provisions of Chapter 15.24, Sign Code.
17.40.080 Off-street parking.
A. All new major development, other than general upkeep,
maintenance, rehabilitation and modernization of existing
buildings, shall conform to the off-street parking and
loading requirements of Chapter 17.64.
B. Off-street parking and loading requirements shall not
apply to buildings, lots and uses that were existing
or in effect on the effective date of this ordinance,
provided they were legally established.
C. Buildings or lots that would normally be exempt from the
parking and loading provisions of this chapter, would
lose their exemption and be required to provide the re-
quired parking and loading facilities whenever the building
is structurally expanded or whenever the previous use of
the building or lot is replaced by a use that will cause
greater off-street parking demands than those of the
previous use.
•
-~ iy~~
36
17.44.010 -- 17.44.020
Chapter 17.44
C-4, TOURIST AND OFFICE-PROFESSIONAL DISTRICT
Sections:
17.44.010 Purpose.
17.44.020 Permitted uses.
17.44.030 Conditional uses.
17.44.040 Height regulations.
17.44.050 Area, width and yard requirements.
17.44.060 General requirements.
17.44.070 Signs and lighting of premises.
17.44.080 Off-street parking.
17.44.010 Purpose. The C-4 district is intended to provide
for the development of concentrated tourist commercial and
entertainment facilities to serve both local residents and the
traveling public, and also for the development of compatible
major professional office facilities. C-4 development should
occur at locations that will maximize ease of access and visibility
from the Interstate 5 Freeway and major arterial streets and to be
convenient to the users of Expo Park, the airport, and downtown.
17.44.020 Permitted uses. The following uses are permitted
in the C-4 district:
A. Professional and financial, including:
1. Banks and similar financial institutions.
2. Accounting and bookkeeping offices.
3. Real estate office.
4. Insurance company offices.
5. Legal services.
6. Architecture and engineering offices.
7. Professional photo or art studios.
8. Counseling services.
9. Corporate or governmental offices.
B. Tourist and entertainment related facilities, including:
1. Convenience market.
2. Drug store.
3. Automobile service station.
4. Motel and hotel.
5. Walk-in movie theater.
6. Bowling alley.
7. Photo and art galleries.
8. Photo processing pick-up station.
9. Travel agency.
10. Barber and beauty shops.
11. Sit-down restaurant or dinner house (incl. alcohol).
12. Cocktail lounges and clubs, serving alcoholic beverages.
• 13. Tavern, with beer only.
14. Commercial parking lot.
15. Other similar and compatible uses, as determined by
the Planning Commission.
37
17.44.030 --
17.44.030 Conditional uses. The following uses are permitted
® in the C-4 district when authorized in accordance with Chapter 17.76.
A. Campgrounds and recreational vehicle overnight facilities.
B. Drive-in movie theater.
C. Golf course/driving range.
D. Ice and roller skating rinks.
E. Dance halls.
F. Billiard/pool halls.
G. Miniature golf courses.
° H. Amusement center (pin-ball, games, etc.)
I. Non-industrial business/vocational schools.
J. Physical fitness/conditioning center.
K. Car wash.
L. Taxicab dispatch off ice. -
M. Ambulance/emergency services.
N. Day care center.
0. Drive-in fast food outlets.
P. Other specialty food outlets.
Q. Television and radio broadcasting studio.
R. Accessory buildings and uses customarily appurtenant to a
permitted use, such as incidental storage facilities, may
be permitted as conditional uses when not included within
the primary building or structure.
S. Permitted uses that are referred to the Planning Commission
by City staff because they were found to exhibit potentially
adverse or hazardous characteristics not normally found in
- uses of a similar type and size.
Uses other than those listed above may be permitted in a C-4
district when included as a component of a commercial, tourist,
or office-professional Planned Unit Development that consists pre-
dominantly of uses permitted in the zone and is planned and developed
in accordance with Chapter 17.68 of this Zoning Ordinance. These
uses shall include the following:
A. Department store.
B. Sporting goods.
C. Books & stationery.
D. Gifts, notions and variety.
E. Florist.
F. Leather goods and luggage.
G. Pet sales and related supplies.
H. Photographic supplies.
I. Health food.
J.
K.
L.
M.
N.
0.
P.
R.
S.
T.
U.
V
G~~ti~.
Self-service laundry.
Antique shop.
Delicatessen.
Pastry & confectionery.
General apparel.
Shoes and boots.
Specialty apparel.
Jewelry.
Clocks and watches, sales
Bakery, retail only.
Bicycle shop.
Audio, video, electronics
.Printing, lithography and
and service.
sales and service.
publishing.
38
17.44.040 -- 17.4.4.060
17.44.040 Height regulations. No building or structure
shall exceed sixty (60) feet in height in the C-4 district.
17.44.050 Area, width and yard requirements.
A. Lot Area: Lot area shall be a minimum of five
thousand (5,000) square feet.
B. Lot Width: Lot width shall be a minimum of fifty
(50) feet.
C. Lot Depth: Lot depth shall be a minimum of one
hundred (100) feet.
D. Front Yard: The front yard shall be a minimum of
ten (10) feet.
E. Side Yard: The side yards shall be a minimum of five
(5) feet plus one-half ( Z) foot for each foot by which
the building height exceeds twenty (20) feet.
F. Rear Yard: The rear yard shall be a minimum of ten
(10) feet. In cases where the rear property line abuts
any Residential (R) district or any unincorporated lands,
the rear yard shall be increased by one-half (~) foot
for each foot by which the building height exceeds twenty
(20 ) feet.
® G. Lot Coverage: No lot coverage requirements, provided the
setback and parking and loading requirements are met.
17.44.060 General requirements.
A. Uses that are normally permitted in the C-4 district but
that are referred to the Planning Commission for further
review, per Section 17.44.030(S), will be processed
according to application procedures for conditional use
permits. No use shall be permitted and no process, equip-
ment or materials shall be used which are found by the
Planning Commission to be harmful to persons living or
working in the vicinity by reason of odor, fumes, dust,
smoke, cinders, dirt, refuse, water-carried waste, noise,
vibration, illumination or glare, or are found to involve
any hazard of fire or explosion.
B. All businesses, services and processes shall be conducted
entirely within a completely enclosed structure, with the
exception of off-street parking and loading areas, outdoor
eating areas, service stations, outdoor recreational
facilities, recreational vehicle overnight facilities,
and other compatible activities, as approved by the
Planning Commission.
C. Open storage of materials related to a permitted use shall
be conditionally permitted only within an area surrounded
or screened by a solid wall or fence having a height of
six (6) feet, provided that no materials or equipment
shall be stored to a height greater than that of the walla
17.44.070 -- 17.44.080
D. Front yard areas shall be planted with lawn, trees,
shrubs, flowers or other suitable landscaping materials
and shall be continuously maintained in good condition
and in an attractive manner. In cases where the buildings
are set back to provide for off-street parking in the
front yard area, a landscaped strip having a minimum width
of ten (10) feet shall be established and maintained along
the front lot line.
17.44.070 Signs and lighting of premises.
A. No illuminated sign or lighting standards used for the
illumination of premises shall be so designed and in-
stalled that their direct rays are toward or parallel
to a public street or highway or directed toward any
property that lies within a Residential (R) district. .
B. No red, green or amber lights or illuminated signs may be
placed in such a location or position that they could be
confused with, or may interfere with, any official
traffic control device, traffic signal or directional
guide signs.
C. Signs in the C-4 district shall be permitted and
designed according to provisions of Chapter 15.24.
17.44.080 Off-street parking. Off-street parking and
loading spaces shall be provided as required in Chapter 17.64;
Off-street Parking and Loading.
•
17.46.010 -- 17.46.020
17.46.010
17.46.020
17.46.030
17.46.040
17.46.050
17.46.060
17.46.070
17.46.080
Chapter 17.46
C-5, THOROUGHFARE COMMERCIAL DISTRICT
Sections:
Purpose.
Permitted uses.
Conditional uses.
Height regulations.
Area, width and yard
General requirements.
Signs and lighting of
Off-street parking.
requirements.
premises.
17.46.010 Purpose. The C-5 district is intended to provide
for commercial and business uses that are most appropriately
located along or near major highways or thoroughfares, and are
largely dependent upon highway visibility and easy vehicular access.
17.46.020 Permitted uses. The following uses are permitted
in the C-5 district:
A. Professional and financial, including:
• 1. Banks and similar financial institutions.
_ 2. Real estate, insurance, and similar offices.
3. Contractor's office.
B. Personal services, including:
1. Self-service laundry and laundry pick-up stations.
2. Photo processing pick-up stations.
3. Photo processing laboratory.
4. Small appliance service.
5. Printing, lithography and publishing.
6. Locksmith.
7. Taxicab dispatch office.
8. Ambulance/emergency services.
9. Art and music schools.
10. Non-industrial business/vocational schools.
11. Physical fitness/conditioning center.
12. Car wash.
13. Automobile service stations.
14. Auto and furniture upholstery shops.
15. Veterinary clinics (within enclosed structure).
•
C. Retail outlets, including:
1. Auto and truck sales (new and used).
2. Tire sales and service.
3. Glass and mirror sales and service.
4. Wallcovering, floorcovering, curtains, etc.
5. Major appliances sales and service.
6. Hardware sales.
7. Monument sales.
,s~ i~36"
41
17.46.030 --
8. Supermarket.
9. Convenience market.
10. Drug store.
11. Feed, seed and fuel (within enclosed structure).
12. Electrical and plumbing supplies.
13. Heating and air conditioning equipment.
14. Stone, the and masonry supplies.
15. Nursury and gardening materials and supplies.
16. Antique shop.
17. Art and engineering supplies.
18. Pawn shop.
19. Sit-down restaurants.
20. Drive-in fast food establishments.
21. Tavern, beer sales only.
22. Public/quasi-public utilities and services.
D. Tourist/recreational-oriented uses, including:
1. Hotel and motel.
2. Walk-in theater (fully enclosed).
3. Bowling alley.
4. Ice and roller skating rinks.
5. Dance halls (non-alcoholic).
6. Billiard/pool hall.
7. Miniature golf..
$. Club and organizational meeting facilities.
E. Commercial parking lots.
F. Other uses not specified in this or any other district, if
the Planning Commission finds them to be .similar to the
uses listed above and compatible with other permitted uses
and with the intent of the C-5 district..
17.46.030 Conditional uses. The following uses are permitted
in the C-5 district when authorized in accordance with Chapter 17.76:
A. Auto and truck service, repair and paint shops.
B. Recreational vehicle overnight facilities.
C. Drive-in movie theater.
D. Heavy equipment sales and service.
E. Mobile home and recreational vehicle sales.
F. Boats and marine equipment sales and service.
G. Motorcycle and snowmobile sales and service.
H. Dinner houses and restaurants serving alcoholic beverages.
I. Cocktail lounges and clubs.
J. Other specialty food outlets.
K. Meat, fish, poultry and seafood, light processing and sales.
L. Dairy products sales.
M. Paint and related equipment and supplies.
N. Cleaning and janitorial supplies.
0. Furniture sales.
P. Second hand store, or "thrift shop".
Q Mortuary.-
R. Amusement center (pin-ball, games, etc.)
S. Manufacturing for on-premise sale.
T. Taxidermist.
U. Auction house (excluding livestock).
42
_ ~ is!~~:
17.46.040 -- 17.46.050
V. Wholesaling of permitted use products.
W. Adult businesses, as defined in Chapter 5.24
® of the Municipal Code.
X. Accessory uses and buildings customarily appurtenant
to a permitted use, such as incidental storage
facilities, may be permitted as conditional uses
when not included within the primary building or
structure.
Y. Permitted-uses that are referred to the Planning
Commission by City staff because they were found
to exhibit potentially adverse or hazardous character-
istics not normally found in uses of a similar type
or size.
17.46.040 Height regulations. No building or structure
shall exceed thirty-five (35) feet in height in the C-5 district.
17.46.050 Area, width and yard requirements.
A. Lot Area: No requirements except as necessary to
comply with applicable yard and parking and loading
requirements.
B. Lot Width: The minimum lot width shall be fifty (50)
feet.
• C. Lot Depth: The minimum lot depth shall be one hundred
(100) feet.
D. Front Yard: The front yard shall be a minimum of ten
(10) feet and shall be maintained as landscaped open
space. When off-street parking is located in the front
yard area, the landscaped strip may be reduced to not
less than six (6) feet with Planning Commission approval
of the site plan.
E. Side Yard: The side yard shall be a minimum of five
(5) feet, except when abutting structures are proposed
with a common wall that complies with the Uniform
Building Code.
F. Rear Yard: No rear yard shall be required in the C-5
district except when the rear lot line abuts property
in a Residential (R) district and then the rear yard
shall be a minimum of twenty (20) feet. Where property
in the C-5 district is separated from property in a
Residential (R) district by a public alley or street, no
rear yard setback shall be required.
G. Lot Coverage: No requirements except as necessary to
comply with applicable yard, parking and loading
requirements.
r~
LJ
~~l.3 ~ 4 3
17.46.060 -- 17.46.070
® 17.46.060 General requirements.
A. Uses that are normally permitted in the C-5 district
but that are referred to the Planning Commission for
further review, per Section 17.46.030(X), will be pro-
cessed according to application procedures for conditional
-use permits. No use shall be permitted and no process,
equipment or materials shall be used which are found by
the Planning Commission to be harmful to persons ,living
or working in the vicinity by reason of odor, fumes, dust,
smoke, cinders, dirt, refuse, water-carried waste, noise,
vibration, illumination or glare, or are found to involve
any hazard of fire or explosion.
B. Open storage of materials
shall be conditionally pe
surrounded or screened by
a height of six (6) feet,
equipment shall be stored
of the enclosure.
related to a permitted use
rmitted only within an area
a solid wall or fence having•
provided that no materials or
to a height greater than that
C. Wherever the side or rear property lines of a parcel in
the C-5 district abut parcels in a Residential (R)
district, a solid wall or fence, vine-covered open fence
or compact evergreen hedge six feet in height shall be
located on that property line and continuously maintained
to ensure effective buffering and visual screening .between
the two land uses. Where a public alley or street separates
the two properties, the barrier or screen shall be placed
on the C-5 property at the time of construction and may
include driveway and pedestrian openings to the alley or
street, as approved by the Planning Commission.
D. Whenever feasible, buildings shall be located toward the
rear of the lot with parking toward the street in the
front yard area for easy access and to minimize traffic
noise at the rear of the property, especially when the
rear property line abuts a Residential (R) district.
17.46.070 Signs and lighting of premises.
A. No illumination sign or lighting standard used for the
illumination of premises shall be so designed and in-
stalled that its direct rays are toward or parallel to
a public street or highway or directed toward any
property that lies within a Residential (R) district.
B. No red, green or amber lights or illuminated signs may
be placed in such a location or position that they could
be confused with, or may interfere with, any. official
traffic control device, traffic signal or directional
guide signs.
17.46.080
C. Signs in the C-5 district shall be permitted and designed
in accordance with Chapter 15.24, Sign Code.
17.46.080 Off-street parking. Off-street parking and
loading space shall be provided as required in Chapter 17.64.
• Chapter 17.48
M-1, IPIDUSTRIAL LIMITED DISTRICT
Sections:
17.48.010
17.48.020
17.48.030
17.48.040
17.48.050
17.48.060
17.48.070
17.48.080
17.48.090
Purpose.
Permitted uses.
Limitations on permitted uses.
Conditional uses.
Height regulations.
Site area requirements.
Yard requirements.
Signs.
Off-street parking.
17.48.010 Purpose. The purpose of the M-1 district is to
provide areas suitable for the location of light industrial
uses involved in service, manufacturing or assembly activities
and having high standards of operation of such character as to
permit their location and operation in close proximity to non-
industrial areas of the community.
• 17.48.020 Permitted uses. The following uses and their
accessory uses are permitted in an M-1 district, subject to
the limitations imposed in Section 17.48.030:
A. Warehousing.
B. Storage and wholesaling of prepared or packaged
merchandise.
C. Dwellings for a caretaker, watchman, or other person
regularly employed on the, premises.
D. Administrative, educational and other related activities
and facilities in conjunction with a permitted use.
E. Ambulance and other emergency service facilities, including
police and fire stations.
F. Public uses and buildings and public utility structures
and yards, including the storage, repair and maintenance
of vehicles and equipment.
G. All types of automobile, motorcycle, truck, and equipment.
sales, service, repair and rental, including automobile
and truck service stations.
H. Boat building, sales and repair.
I. Cold storage plants, including storage and office.
J. Printing, publishing and book binding.
K. Scientific research or experimental development of
materials, methods or products, including engineering
and laboratory research.
L. Vocational, technical and trade schools, including
facilities related to industrial trades.
M. Retail and/or wholesale lumber and building materials
sales yard, not including concrete mixing.
N. Light fabrication and repair shops such as blacksmith,
cabinet, electric motor, heating, machine, sheet metal,
signs, stone monuments, upholstery and welding.
O. Assembly, manufacture, or perparation of articles and
merchandise from previously prepared materials, such
as canvas, cloth, cork, fiber, tobacco, wire, wood
(excluding sawmills and other wood processing plants),
and similar materials.
P. Manufacture, compounding, processing, packing or treatment
of such products as bakery goods, candy, cosmetics, dairy
products and meat, drugs, perfumes, pharmaceuticals,
toiletries; excluding the rendering of fats and oils,
fish and meat slaughtering, and fermented foods such
as vinegar and yeast.
Q. Processing uses such as bottling plants, creameries,
blue-printing and photocopying, laundries, carpet cleaning,
tire retreading, recapping and rebuilding.
R. Manufacture of electric, electronic, or optical instruments
or related devices.
S. Manufacture of products used by the medical and dental
professions, including artificial limbs, dentures, hearing
• aids, surgical instruments and dressings, and similar
products.
T. Planned unit developments, subject to the provisions of
Chapter 17.68.
U. Other uses not listed which the Planning Commission may
find to be similar to those listed above and which are
found to be consistent with the purpose of this district.
17.48.030 Limitations on permitted uses. All uses within
the M-1 district shall be subject to the following conditions
and limitations:
A. All raw materials, finished products, machinery and
equipment, with the exception of automobiles and trucks
normally used in the business, shall be stored within
an entirely enclosed building or sight-obscuring, non-
pierced fence not less than six feet in height.
B. The emission of disturbing vibrations or of visible or
odorous gasses, waste or other matter in such quantities
that it is visible or otherwise readily detectable at any
point beyond the property line of the use creating such
annoyance is prohibited.
~C. All open areas utilized by vehicles, or used as sales or
storage areas, shall be surfaced with rock or pavement or
otherwise treated so that no dust is created by the uses.
' ,~ %~.~l0 47
D. Operations shall be conducted in such a manner that no
heat, glare, vibration or industrial noise is perceptible
beyond the property line of the lot on which they are
located.
E. No use shall be permitted which is found by the Planning
Commission to involve any hazard of fire, explosion or
radioactivity or to emit electrical disturbances which
may adversely affect equipment outside the boundaries
of the site.
F. In any M-1 district directly across a street from any
Residential (R) district, all outdoor parking, loading,
or display areas shall be set back at least ten (10) feet
from the public right-of-way and this setback area shall
be planted with trees appropriate for the neighborhood,
ground cover, or other landscaping materials that are
consistent with the general existing character of the
area, or that will establish a landscape theme for other
developments to follow. This setback and landscaping
requirement shall also apply to M-1 lots fronting on
any street designated in the Comprehensive Plan as a
"major arterial".
n
17.48.040 Conditional uses. The following uses and their
accessory uses may be permitted in an M-1 district when
authorized in accordance with Chapter 17.76:
A. Business offices and commercial uses that are compatible
with and closely related in their nature of business to
permitted uses in the M-1 district, or that would be
established to serve primarily the uses, employees, or
customers of the M-1 district.
B. Developer's project and sales offices, including mobile
homes adapted to that purpose, during construction only.
17.48.050 Height regulations. Maximum height of any building
or structure in an M-1 district shall be sixty (60) feet.
17.48.060 Site area requirements. There are no minimum
site area requirements in the M-1 district, except as necessary
to provide for required parking, loading and yard spaces.
17.48.070 Yard requirements. The following measurements
indicate minimum yard requirements in an M-1 district:
A. Front Yard: The front yard shall be a minimum of
twenty (20) feet. (Also see 17.48.030-F.)
B. Side Yard: The side yard shall be a minimum of ten (10)
feet except when the side lot line is abutting a lot in
any Residential (R) district and then the side yard shall
be a minimum of twenty (20) feet and shall be increased
by one-half foot for each foot by which the building
height exceeds twenty feet.
i~3~~
48
C. Rear Yard: The rear yard shall be a minimum of ten (10)
feet except when the rear. lot line is abutting a lot in
any Residential (R) district and then the rear yard shall
be a minimum of twenty (20) feet and shall be increased
by one-half foot for each foot by which the building
height exceeds twenty feet.
D. Lot Coverage: No requirements.
17.48.080 Signs. Signs within .the M-1 district shall be
limited to the following:
A. Name and product or service identification signs shall _
be permitted subject to the following conditions:
1. Signs shall pertain only to the premises upon which
they are located and may display the name and address
of the premises, the name of the owner or lessee, and
state the nature of the occupation engaged in and
products or services rendered.
2. Permitted signs shall contain not more than one hundred
(100)square feet of surface area on any one side,
or an aggregate of two hundred (200) square feet of
surface on all sides which can be utilized for
display purposes.
3. Lighted signs shall be indirectly illuminated and
non-flashing.
4. Identification signs shall be permitted within any
required setback areas provided it does not extend
into or overhang any parking area, sidewalk, or
other public right-of-way.
5. Signs located within vision clearance areas at inter-
sections of streets shall conform to Section 17.60.110.
B. Signs advertising the property "for rent" or "for sale"
shall not exceed four (4) square feet of area on any one
side and one such sign shall be permitted for each street
frontage.
C. Signs that are intended to advertise or promote the sale
of products or services are not permitted.
17.48.090 Off-street parking. All uses in an M-1 district
shall provide off-street parking and loading facilities as required
by Chapter 17.64, except when located within a special district
organized to provide common public parking areas.
•
i"~ /~.~(0 49
L'
Chapter 17.52
M-2, INDUSTRIAL GENERAL DISTRICT
Sections.
17.52.010 Purpose.
17.52.020 Permitted uses.
17.52.030 Conditional uses.
17.52.040 Limitations on permitted and conditional uses.
17.52.050 Height regulations.
17.52.060 Site area requirements.
17.52.070 Yard requirements.
17.52.080 Signs.
17.52.090 Off-street parking and loading.
•
17.52.010 Purpose. The purpose of the M-2 district is to
provide areas suitable for all types of industrial uses and to
establish minimum standards of operation to prevent conflicts.
between industrial uses and other types of uses in their vicinity.
M-2 districts provide opportunities for the development and oper-
ation of "heavy industrial" uses that, in most cases, are most
appropriately located on the periphery of the community and in
areas where good highway and rail access is available.
17.52.020 Permitted uses. The following uses and their
accessory uses are permitted in an M-2 district, subject to
the limitations imposed in Section 17.52.040:
A. Any use permitted in the M-1 district.
B. Vocational, technical, and trade schools, including
all educational facilities related to industrial trades.
C. Building materials processing and manufacturing, including
the manufacturing of concrete and masonry materials and
concrete mixing, and wood products processing and milling.
D. Rail and trucking distribution facilities for the loading
of raw materials and manufactured products.
E. Other uses not listed which the Planning Commission may
find to be similar to those listed above and which are
found to be consistent with the purpose of this district.
~` /51.6
50
® 17.52.060 Site area requirements. There is no minimum
site area in an M-2 district except as necessary to provide
for required parking, loading and yard spaces.
17.52.070 Yard requirements. The following measurements
indicate minimum yard requirements in an M-2 district:
A. Front Yard: The front yard shall be a minimum of
ten (10 ) feet.
B. Side Yard: The side yard shall be a minimum of ten (10)
feet except when the side yard property line abuts a lot
in any Residential (R) district or any County-zoned
agricultural district outside the Urban Growth Boundary
and then the side yard shall be a minimum of twenty (20)
feet and shall be increased by one-half foot for each
foot by which the building height exceeds twenty feet.
C. Rear Yard: The rear yard shall be a minimum of ten (10)
feet except when the rear lot line is abutting a lot in
any Residential (R) district or any County-zoned agricultural
district outside the Urban Growth Boundary and then the side
yard shall be a minimum of twenty (20) feet and shall be
increased by one-half foot for each foot by which the
building height exceeds twenty feet.
® 17.52.080 Signs. Signs within the M-2 district shall be
subject to the following limitations:
A. Lighted signs shall be indirectly illuminated and
nonflashing.
B. Signs shall pertain only to the premises upon which they
are located and. may display the name and address of the
premises, the name of the owner or lessee, company logo
or symbol, and state the nature of the occupation engaged
in and products or services rendered.
C. Permitted signs shall contain not more than one hundred
(100) square feet of surface area on any one side, or an
aggregate of two hundred (200) square feet of surface on
all sides which can be utilized for display purposes.
D. Signs that are intended to advertise or promote the sale
of products or services, beyond identification of the
permitted use, are not permitted.
E. Signs advertising the property "for rent" or "for sale"
shall not exceed four (4) square feet of area on any one
side and one such sign shall be permitted for each street
frontage.
F. All signs must conform to the requirements of Chapter
17.24 (Sign Code) and with Section 17.60.110 pertaining
to vision clearances.
G~~~- ~ ~~-~ ~~ ~ 51
17.52.030 Conditional uses. The following uses and their
accessory uses may be permitted in an M-2 district when
authorized in accordance with Chapter 17.76:
A. Developer's .project and sales offices, including mobile
homes adapted to that purpose, during construction only.
B. Permitted uses that are referred to the Planning Commission
by City staff because they were found to exhibit
potentially adverse or hazardous characteristics not
normally found in uses of a similar type and size.
C. Business offices and commercial uses that are compatible
with and closely related in their nature of business to
permitted uses in the M-2 district, or that would be
established to serve primarily the uses, employees, or
customers of the M-2 district.
17.52.040 Limitations on permitted and conditional uses.
All uses within the M-2 district shall be subject to the following
conditions and limitations:
A. No use shall be permitted which is found by the Planning
Commission to involve any special hazard of fire,
explosion or radioactivity or to emit electrical
disturbances which adversely affect equipment outside
® the boundaries of the site.
B. The emission of disturbing vibrations, industrial noise,
or odorous gases, waste or other matter in such quantities
that it is readily detectable at any point beyond the
property line of the use creating such annoyance is
prohibited.
C. All principal parking areas for automobiles and industrial
vehicles shall be surfaced with rock or pavement and all
other open areas shall be appropriately treated and
maintained to minimize dust.
D. Fencing shall be required between any M-2 property and
an abutting property in a non-industrial (M) district.
Such fencing shall be a minimum of six (6) feet in height
and, when installed between any M-2 lot and a lot in any
Commercial (C) or Residential (R) district, shall be
constructed of wood, masonry, or other sight obscuring
material. A wire fence supplemented by sight obscuring
plant materials may be approved, if found to be effective
by the Planning Commission.
17.52.050 Height regulations. Maximum height of any building
or structure in an M-2 district .shall be sixty (60) feet.
17.52.090 Off-street parking and loading. All uses in an
M-2 district shall provide off-street parking and loading areas
and facilities as required by Chapter 17.64, except when located
within a special district organized to provide common public
parking areas.
~. ~ i~3~ .
53
17.56.010 -- 17.56.030
•
Chapter 17.56
NONCONFORMING USES
Sections:
17.56.010 Purpose.
17.56.020 Definition.
17.56.030 Classification criteria.
17.56.040 Procedures for Class A designation.
17.56.050 Revocation of Class A designation.
17.56.060 Regulations pertaining to Class A and
Class B nonconforming uses.
17.56.010 Purpose. The Zoning Map of the City of Central
Point is required by law to be consistent with the Comprehensive
Plan Map. In order to meet this consistency requirement, the
City's zoning districts are established up to twenty years in
advance of actual planned development. As a result, many uses
and structures in the City will become "nonconforming uses"
although they may be sound, well-maintained and attractive assets
to the community. The purpose of this chapter is to establish
procedures for dealing with nonconforming uses in a manner that
will promote the implementation of the Comprehensive Plan while
providing temporary protection for nonconforming uses that are
sound, compatible, and not directly in the path of anticipated
development.
17.56.020 Definition. Legal nonconforming uses and structures
are those which do not conform to provisions or requirements of
this ordinance or of the zoning districts in which they are located,
but were lawfully established prior to the effective date of this
ordinance.
17.56.030 Classification criteria. All nonconforming uses and
structures within the City of Central Point shall be classified as
either Class A or Class B nonconforming uses, according to the
following criteria:
A. Properties containing nonconforming uses or structures may
be designated Class A by the Planning Commission upon
determination that all of the following findings apply:
1. Continuance of the existing use or structure would
not be contrary to the public health, safety or
welfare, or to the spirit of .this ordinance.
2. The continued maintenance and use of the nonconforming
property is not likely to depress the values of adjacent
or nearby properties, nor adversely affect their
development potential in conformance with present zoning.
• ~ i~.~~
54
17.56.040 --
3. The use or structure was lawful at the time of its
inception and no useful purpose would be served by
strict application of the provisions or requirements
of this ordinance with which the use or structure
does not conform.
4. The property is not predominantly surrounded by con-
forming uses or structures and, considering current
growth and development trends, is not reasonably
expected to come under development pressures during
the next five years.
5. The property is structurally sound, well-maintained,
and occupied and used for the purpose for which it
was designed.
6. Continuance of this nonconforming use will not in any
way delay or obstruct the development or establishment
of conforming uses on the subject property or on any
adjacent or nearby properties in accordance with the
provisions of this zoning ordinance.
B. All nonconforming uses and structures not designated
Class A shall become Class B nonconforming uses or structures.
17.56.040 Procedures for Class A designation.
A. All properties within the City of Central Point that
meet the classification criteria listed in Section
17.56.030(A) shall be identified on a map of the City
and kept in and maintained by the Planning Department.
B. A request to change the designation of a property or
group of properties may be initiated by City staff, the
Planning Commission, the City Council, or by a property
owner or his representative by the following procedure:
1. A written application shall be filed setting forth
the name and address of the applicant, legal description
of the property or properties affected, and other infor-
mation as may be necessary or helpful in decision-making.
2. The applicant shall state in the application the ways in
which the property is, or will be, consistent with each
of the classification criteria listed in Chapter
17.56.030 (A) .
3. The application shall be scheduled for consideration
at a regularly scheduled Planning Commission meeting.
A denial by the Planning Commission may be appealed
to the City Council.
. 4.. The application shall be accompanied by an application
fee of fifty dollars ($50.00).
• 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
~~..: ~ /~.3~. 5 5
17.56.050 -- 17.56.060
• to the Zoning Ordinance, Comprehensive Plan or related
maps, public hearings are not required.
6. The Planning Commission, or City Council upon appeal,
may attach conditions, including any time limit, where
necessary, to assure that the use or structure does
not become contrary to the public health, safety or
welfare or the spirit and purpose of this ordinance.
7. Upon approval of a designation change to Class A,
such change shall be reflected on the map of non-
conforming uses, as described in Section 17.56.040(A).
17.56.050 Revocation of a Class A designation.
A. Any Class A designation may be revoked, following the
same procedure required for designation, upon a finding
that, as a result of any change of conditions, trends,
use, nearby development, or other circumstances, the use
or structure no longer qualifies for Class A designation.
B. Upon revocation of a Class A designation, the property and
its structures and uses shall revert to Class B nonconform-
ing uses and subject to the regulations contained in
Section 17.56.060(B).
~~
17.56.060 Regulations pertaining to Class A and Class B
nonconforming uses.
A. The following regulations shall apply to all designated
Class A nonconforming uses and structures:
1. Class A nonconforming uses and structures shall be
permitted to continue in accordance with the pro-
visions and requirements of the most restrictive
zoning district in which the use or structure would
normally be listed as a permitted use; or conditional
use if not listed as a permitted use in any district.
2. Existing legal nonconforming structures and uses
shall be permitted to expand, remodel, or otherwise
be physically or structurally improved, provided such
improvements are in accordance with all existing codes.
3. A Class A nonconforming use shall not be resumed if it
has been discontinued for a continuous period of at
least twelve (12) months or if it has been changed to
a conforming use -for any period.
4. No Class A structure or property shall be used, altered
or enlarged in violation of any condition that was
imposed by the Planning Commission or City Council at
the time of its designation as Class A.
17.56.060 --
5. If a nonconforming structure, or structure containing
a nonconforming use, is destroyed by any cause to an
extent exceeding fifty percent of the appraised value,
as determined by the records of the county assessor,
a future structure or use on that property shall conform
to the regulations for the district in which it is
located.
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 this ordinance, except that if
the use will be nonconforming and designated Class A, it
shall be subject to all appropriate provisions of this
section and shall be considered discontinued if not in
operation within one year of the date of issuance of
the building permit. The owner of such discontinued
use may apply for reinstatement of the Class A non-
conforming use designation by following the procedure
established in 17.56.040(B).
B. The following regulations shall apply to all designated
Class B nonconforming uses and structures:
•
1. Routine maintenance, upkeep, and structural repairs
may be performed on a Class B nonconforming use, site
or .structure.
2. No structure, the use of which is nonconforming, shall
be moved, altered or enlarged unless required by law
or unless such moving, alteration or enlargement will
result in the elimination of the nonconforming use. In
no case shall such improvements or alterations be
permitted to allow the enlargement of a nonconforming use.
3. The Planning Commission, or City Council on appeal, may
grant an application for a change of use, filed in
accordance with Chapter 17.76 if, on the basis of the
application and the evidence submitted, the following
findings are made:
(a) That the proposed use will not more adversely
affect the character of the district or neigh-
borhood in which it would be located than did
the existing or pre-existing use.
(b) That a nonconforming use of a building may be
extended throughout those parts of a building
which were designed or arranged for such use
prior to the date when such use became noncon-
forming, provided that no structural alterations
are made other than those required by law.
•
•~/~3~
57.
17.56.060 --
4. If a Class B nonconforming structure, or structure
containing a nonconforming use, is destroyed by any
cause to an extent exceeding fifty percent of the
appraised value, as determined by the records of the
county assessor, any future structure or use on that
property shall conform to the regulations for the
district in which it is located.
5. If any Class B nonconforming use has been changed to
a conforming use, or if the nonconforming use of any
building, structure or premises ceases for a period
of six months or more, said use shall be considered
abandoned, and said building, structure or premises
shall thereafter be used only for uses permitted as
a matter of right or as a conditional use in the
district in which it is located.
6. Nothing contained in this title shall require any change
in the plans., construction, alteration or designated use
of a structure for which a valid building permit existed
prior to the adoption of this ordinance, except that if
the use will be nonconforming and designated Class B, it
shall be subject to all appropriate provisions of this
section and shall be considered discontinued if not in
operation within one year of the date of issuance of
the building permit. Such discontinued use shall there-
. after be used only for uses permitted or conditionally
permitted in the district in which it is located.
•
• ~ /5~.~,/~ 5 8
® Chapter 17._60
GENERAL REGULATIONS
Sections:
17.60.010
17.60.020
17.60.030
17.60.050
17.60.060
17.60.070
17.60.090
17.60.100
17.60.110
17.60.120
17.60.130
17.60.140
17.60.150
17.60.160
17.60.170
17.60.180
17.60.190
Commercial excavation removal of sand, gravel,
stone, loam, dirt, or other earth products.
Utilities.
Accessory buildings.
Storage and occupancy of mobile homes, motor
homes, and similar recreational vehicles.
Lot size requirements -- General exception.
Building height limitation -- General exception.
Special setback requirements.
Projections from buildings.
Clear-vision areas -- Establishment.
Clear-vision areas -- Measurement..
Access.
Authorization for similar uses.
Maintenance of minimum requirements.
Appeal of administrative decisions.
Duties of officers.
Home occupations.
Interpretation.
17.60.010--17.60.030
®~ 17.60.010 Commercial excavation and removal of sand,
gravel, stone, loam, dirt, or other earth products. A. Be-
fore a conditional use permit for the commercial excavation
and removal of earth products can be granted, plans and spec-
ification showing the location of premises, grading plan,
existing and proposed drainage, proposed truck access and
details of regrading and revegetation of the site shall be
submitted to and approved by the planning commission.
B. Any deviation from the plans as approved will serve
as grounds to revoke the conditional use permit.
C. In reviewing the application, the commission shall
consider and be bound by considerations of the most appro-
priate use of the land, distances from the property lines,
the protection of pedestrians and vehicles, the prevention
of the collection and stagnation of water of all stages of
the operation, and the rehabilitation of the land upon ter-
' urination of the operation.
D. A bond, or cash deposit in lieu thereof, shall be
deposited in an amount equivalent to the estimated maximum
damage that will ensue as a result of failure on the part
of the applicant to excavate according to the conditional
use permit. Said bond, or cash deposit, shall indemnify
damage to all properties proximate to the excavation where
such damage is caused by failure to excavate according to
the provisions of the permit, and the owner of said properties
\
®
1 shall be considered to be third party beneficiaries to said
bond, or in case of cash deposit, said deposit shall be
/ held by the city of Central Point for that purpose.
E. Nothing contained herein is intended to waive ary
governmental immunity held by the city. (Ord. 893 X4.020,
1967) .
17.60.020 Utilities. The erection, construction, al-
teration or maintenance by public utility or municipal or
other governmental agencies of underground or overhead gas,
electrical steam or water transmission or distribution sys-
tems, collection, communication, supply or disposal systems,
including poles, towers, wires, mains, drains, sewers, pipes,
conduits, cables, fire-alarm boxes, police call boxes, traf-
fic signals, hydrants and other similar equipment and acces-
sories in connection therewith, but not including buildings,
shall be permitted in any district. Utility transmission
and distribution lines, poles and towers may exceed the
height limits otherwise provided for this title. (Ord. 893
X4.030, 1967) .
17.60.030 Accessory buildings. Accessory buildings shall
comply with all requirements for the principal use except
where specifically modified by this title and shall comply
with the following limitations:
252
A. A greenhouse or hothouse may be maintained accessory
to a dwelling in a residential (R) district.
B. A guest house may be maintained accessory to a dwelling
provided there are no cooking facilities in the guest house.
C. Regardless of the side and rear yard requirements of
the district, in a residential (R) district a side or rear
yard not adjoining a street may be reduced to three feet for
an accessory structure erected more than fifty-five feet from
the street on which the lot fronts, other than alleys, provided
the structure is detached and separated from other buildings
by ten (10) feet or more.
17.60.050 Storage and occupancy of mobile homes, motor
homes, and similar recreational vehicles.
A. A mobile home designed and intended for use as a
dwelling unit shall not be parked or stored on any lot in any
zoning district within the City limits, with the exceptions
of a lawfully established mobile home park, trailer park, a
commercial or industrial lot approved for mobile home sales
or storage, or a residential lot having an approved conditional
use permit for mobile home occupancy as a residential dwelling.
B. Mobile homes having kitchen facilities shall not be
® utilized in any residential (R) district as a guest house.
C. Motor homes, travel trailers, campers, and other
similar vehicles normally used for recreational use may be
stored on the premises of the-owner for any length of time,
provided it is not utilized for living purposes and is not
parked or stored on the public street.
D. Motor homes, travel trailers, campers and similar
recreational vehicles occupied by visiting guests may be parked
on the public street for a period not to exceed two weeks (14 days)
providing the vehicle does not constitute a hazard, obstruct
visibility, block driveway access to the street, or interfere
with pedestrian usage of a public sidewalk.
E. No motor home, travel trailer, camper or similar recre-
ational vehicle shall be used as a permanent guest house or for
temporary or permanent occupancy by a member of the household
occupying the premises on which the vehicle is parked.
17.60.060 Lot size requirements -- General exception.
If a lot or the aggregate of contiguous lots or land parcels
held in single ownership and recorded in the office of the
clerk of Jackson County at the time of passage of the ordinance
codified in this title has an area or dimension which does not
meet the lot size requirements of the district in which the
• property is located, the lot or aggregate holdings may be
occupied by a use permitted outright in the district subject
to all other requirements, provided it complied with all
ordinances when it was recorded.
• 17.60.070 Building height limitation -- General exception.
Height limitations set forth elsewhere in this title shall not
apply to:
A. Church spires, belfries, cupolas and domes; smokestacks;
flag poles; elevator penthouses; cooling towers; grain elevators;
parapet walls extending not more than four feet above the limiting
height of the building; outdoor theater screens, provided said
screens contain no advertising matter other than the name of the
theater;
B. Places of public assembly in churches, schools and
other permitted public and semi-public buildings, provided
that these are not more than one story in height, and provided
that for each one foot by which the height of such building
exceeds the maximum height otherwise permitted in the district,
its side and rear yard shall be increased in width or depth by
an additional foot over the side and rear yards required for
the highest building otherwise permitted in the district. The
building shall not occupy more than twenty-five (25) percent
of the area of the lot and shall be distant not less than
twenty-five (25) feet in all directions from every lot line
not a street lot line.
17.60.090 Special setback requirements. To permit or afford
better light, air and vision on more heavily traveled streets, to
protect arterial streets and to permit the eventual widening of
streets, the following street setback lines are hereby established
along all secondary and major arterial streets and highways, as
identified in the Comprehensive Plan. No building, structure, or
parking area shall be erected or maintained between such setback
line and the street line.
A. In any R-l, R-2, R-3 and M-1 district the setback line
shall be:
1. Sixty (60) feet distant from the centerline of
any secondary arterial or highway.
2. Seventy (70) feet distant from the centerline
of any major arterial street or highway.
B. In any C-1 and C-2 district the setback line shall be:
1. Forty-five (45) feet distant from the centerline
of any secondary arterial or highway.
2. Fifty-five (55) feet distant from the centerline
of any major arterial street or highway.
C. In any C-3 district the setback line shall be:
1. Forty (40) feet distant from the centerline
of any secondary arterial or highway.
® 2. Fifty (50) feet distant from the centerline of
any major arterial street or highway.
D. In any C-4, C-5 and M-2 district the setback-line
shall be:
1. Fifty (50) feet distant from the centerline of
any secondary arterial or highway.
2. Sixty (60) feet distant from the centerline of
any major arterial street or highway.
17.60.100 Projections from buildings. Bay windows,
cornices, eaves, canopies, sunshades, gutters, chimneys, flues,
belt courses, leaders, sills, pilasters, lintels, ornamental
features and other similar architectural features may project
not more than eighteen inches into a required yard or into
a required open space as established by coverage standards.
(Ord. 893 §4.120, 1967).
17.60.110 Clear-vi:~ion areas--Establishment. A clear-
vision area shall be maintained on the corners of all property
at the intersection of two streets or a street and a railroad.
A clear-vision area shall contain no planting, fence, wall,
structure or temporary or permanent obstruction exceeding
three and one-half feet in height, measured from the top of
the curb, or where no curb exists, from the established street
centerline grade, except that trees exceeding this height may
be locaated in this area, provided all branches and foliage
are removed to a height of eight .feet above the grade. (Ord.
893 §4.130, 1967).
17.60.120 Clear-vision areas--Measurement. A clear-
vision area shall consist of a triangular area two sides
of which are lot lines measured from the corner intersection
of the street lot lines for a distance specified in this
regulation, or, where the lot lines have rounded corners,
the lot lines extended in a straight line to a point of in-
tersection, and so measured, and the third side of which is
a line across the corner of the lot joining the nonintersec-
ting ends of the other two sides. The following measurements
shall establish clear-vision areas:
A. In any R district, the minimum distance shall be
twenty-five feet, or at intersections including an alley,
ten feet;
B. In all other districts except the C-3 district, the
minimum distance shall be fifteen feet or, at intersections
including an alley, ten feet. When the angle of intersection
between streets, other than an alley, is less than thirty
degrees, the distance shall be twenty-five feet. (Ord. 893
§4.140,' 1967) .
17.60.130 Access.. Each lot shall abut a minimum frontage
of forty (40) feet upon a public street, other than an alley,
r~- with the exception of lots fronting on a cul-de-sac which may
'~' be permitted a reduced frontage to not less than thirty (30)
feet, provided all driveway and off-street parking requirements
of Chapter 17.64 can be met. This section is not intended to
permit the creation or .development of flag lots.
17.60.140 Authorization for similar uses. The Planning
Commission may rule that a use, not specifically named in the
examples of allowed uses of a district shall be included among
the allowed uses, if the use is of.the same general type and is
similar to the, listed uses.
17.60.150 Principal and Accessory Uses. Land uses that
are listed as either. permitted or conditional uses in each of
the zoning districts are considered to be the principal use
of a structure or property. Accessory uses that are subordinate.
or incidental to a principal use are generally permitted,
provided they conform to established patterns of land usage or
customary business practices for uses or businesses of like
..nature. The Planning Commission may find a use to be in
violation of the Zoning Ordinance if either of the. following
circumstances occur:
A. A principal use exists that is not permitted in the
district in which it is located: and has not been
;; granted a conditional use permit..
B. An accessory use exists which is not considered. to
be related to the principal use, is not incidental
to the principal use, or is not compatible with the
principal use or with other permitted uses within
the district.
An. incidental or accessory use may be considered the principal
use if it has expanded to exceed the formerly recognized
principal use in floor area, lot coverage, total gross receipts,
or other measurement, as determined by the Planning Commission.
17.60.160 Maintenance of minimum requirements. No lot
area, yard or other open space or required off-street parking
or loading area existing on or after the effective date of the
-ordinanc:e~ codified in this title shall be reduced in area,
dimension or size below the minimum required by this title,
nor shall any lot area, yard or other open space or off-street
parking or loading area which is required by this title for
one use be used as the lot area, yard or other open space or
off-street parking or loading area requirement for any other
use.
~~
64
. ~ ~ ~ ~~ ~~3~.
17.60.170 Anneal of administrative decisions.
A. The Planning Commission shall have the power to hear and
decide appeals based on the enforcement or interpretation
of the provisions of this title.
B. Any appeal from a decision relating to the enforcement or
interpretation of this title, unless otherwise spebifi-
cally provided for in this title, shall be in writing,
and shall be filed with the~Planning Commission within
fifteen days after such decision; such appeal shall set
forth the reasons therefor.
C. The Planning. Commission shall consider such appeal and
render its' decision within sixty (60) days after the
filing thereof.
D. In case an applicant is not satisfied with the action
of the Planning Commission on his appeal., he may, within
fifteen (15) days after the action of the Planning
'Commission, appeal in writing to the City Council.
E. ,Notice shall be given to the Planning Commission of such
appeal and a report shall be submitted to the City Council
setting forth the reasons for action taken by the Planning
Commission or it shall be represented at the Council meeting.
F. The City Council. shall render its decision within sixty
(60) days after the filing of such appeal.
17.60.180 Duties of Officers. All departments, officials
aid employees of the City vested with the duty or authority to
issue permits shall conform to the provisions of this title and
shall issue no permit, certificate or license for uses, buildings
or purposes in conflict with the provisions of this title; and
any such permit, certificate or license issued in conflict with
the provisions of this title, intentionally or otherwise, shall
be null and void. It shall be the duty of the building inspector
to enforce the provisions of this title pertaining to the
erection, construction, reconstruction, moving, conversion,
alteration or addition to any building or structure and the use
of any land, building or premises.
•
65
/~3~.
17.60.180 Home Occupations.
A. No person shall commence or carry on a home occupation
in any residential (R) district without first having obtained
a conditional use permit authorizing the specific activity to
take place, naming the person or persons who will be conducting
the activity, and specifying any conditions attached to the
granting of the permit by the Planning Commission beyond those
stated herein.
B. No permit for a home occupation shall be transferred or
assigned, nor shall the permit authorize any person other than
named therein to commence or carry on the occupation for which
the permit was issued.
C. Any permit issued may be revoked by the Planning Commission
when it has been found that any condition imposed has been or is
being violated, or when it has been found that the occupation is
being conducted in violation of any State statute or City ordinance,
in a disorderly manner, to the detriment of the public, or when the
occupation is being carried out by a person other than that named
on the permit.
D. Permits shall expire one (.1) year after the date of
issuance unless the applicant applies for and is granted a
renewal by the Planning Commission.
• E. No person shall conduct a home occupation in any district
where such use is permitted (or conditionally permitted) unless
said home occupation is conducted in conformance with all of the
following criteria:
1. The-home occupation must be conducted solely
within the confines of the main dwelling and
shall not exceed ten (10) percent of the
total floor area.
2. Carports shall not be used for the home occupation.
A portion of a garage may be used for the home
occupation only if the applicant can show that
there will be no resulting loss in the number of
required off-street parking spaces.
3. No signs associated with such a use shall be permitted.
4. The occupation shall be conducted by a member or
members of the family residing on the property as
an incidental use to the primary residential use.
No additional person or persons shall be employed.
5. In conducting the home occupation, no mechanical
or electronic equipment shall be used if such equipment
makes a noise so loud, unusual, or penetrating as to
cause discomfort or annoyance to adjacent residents.
No such noise shall be perceptible on any adjacent
property.
~ / ~~~
66
6. The home occupation shall not have utility
services other than those required for
normal residential use.
7. There shall be no entrance or exit specifically
provided in the dwelling or on the premises for
the conduct of the home occupation.
8. The home occupation shall not encourage customer
or client visits to the dwelling that would result
in neighborhood vehicular traffic levels above
those levels generated by the residential uses.
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.
. 17.60.190 Interpretation. The provisions of this title
shall be held as the minimum requirements fulfilling its
objectives. Where the conditions imposed by a provision of
this title are less restrictive than comparable conditions
imposed by any other provisions of this title or of any
ordinance, resolution or regulation, the provisions which are
more restrictive shall govern.
•
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17.64.010 -- 17.64.020
Chapter 17.64
OFF-STREET PARKING AND LOADING
Sections:
17.64.010 Purpose.
17.64.020 Off-street loading.
17.64.030 Off-street parking -- Required.
17.64.040 Off-street parking -- Number of spaces.
17.64.050 Mixed uses.
17.64.060 Common parking or loading areas.
17.64.070 Compact car adjustment.
17.64.080 Change to another use.
17.64.090 Fractional requirement.
17.64.100 Parking design requirements.
:7
17.64.010 Purpose. The following regulations are established
to provide for the off-street parking of automobiles, trucks and
other vehicles in connection with the uses of land permitted by
this zoning ordinance. Various land uses generate vehicular
traffic according to their specific characteristics and require
differing amounts of off-street parking and loading area. These
requirements will help to relieve on-street parking demand and
traffic congestion by ensuring adequate off-street parking and
loading facilities where they are needed most.
17.64.020 Off-street loading.
A. In all districts, except those specifically excepted and
noted,-for each use for which a building is to be erected
or structurally altered to the extent of increasing the
floor area to equal the minimum floor area required to
provide loading space, and which will require the receipt
or distribution of materials or merchandise by truck or
similar vehicle, there shall be provided off-street loading
space on the basis of minimum requirements, as follows:
1. Commercial, industrial, and public utility uses which
have a gross floor area of five thousand square feet
or more shall provide off-street truck loading or un-
loading berths in accordance with the following table:
Square Feet of Floor Area No. of Berths Required
Less than 5,000
5,000 to 30,000
30,001 to 100,000
® 100,001 and over
0
1
2
3
68
17.64.030 --
2. Office buildings, hotels, motels, hospitals, schools,
institutions, public buildings, recreational or
entertainment facilities, and any similar use which
has a gross floor area of thirty thousand (30, 000)
square feet or more shall. provide off-street truck
loading or unloading berths in accordance with the
following table:
Square Feet of Floor Area
Less than 30,000
30,000 to 100,000
100,001 and over
No. of Berths Required
0
1
2
B. A loading berth shall be not less than ten feet wide,
thirty-five feet long and have a height clearance of
twelve feet. Where the vehicles generally used for
loading and unloading exceed these dimensions, the
required length of these berths shall be increased.
•
C. If loading space has been provided in connection with
an existing use or is added to an existing use, the
loading space shall not be eliminated if elimination
would result in less space than is required to adequately
meet the needs of the use.
D. Off-street parking areas used to fulfill the requirements
of this title shall not be counted as required loading
spaces and shall not be used for loading and unloading
operations, except during periods of the day when not
required to meet parking needs.
E. In no case shall any portion of a street or alley be
counted as a part of the required parking or loading
space, and such spaces shall be designed and located
as to avoid undue interference with the public use
of streets or alleys.
17.64.030 Off-street parking -- Required. In all districts,
except those specifically excepted and noted, in connection with
any use whatsoever, there shall be provided, at the time any
building or structure is erected or is enlarged or increased in
capacity or the use is changed or increased in intensity, off-
street parking spaces for automobiles for the enlarged or in-
creased portion in the case of an addition or for the building,
structure or use in other cases, in accordance with the require-
ments herein.
L~,~~~~ ~- i~~G
69
17.64.030 --
D. Places of Public Assembl
1. Churches, chapels, --
mortuaries, public
meeting halls and
auditoriums.
2. Library, reading room, -- Not less than one space per
museum, art gallery. four hundred square feet of
net floor area; plus one, space -
per each two employees.
v
E. Schools
1. Child care center, day --
nursery, pre-school.
2. Elementary and junior
high schools.
3. High schools and
colleges.
4. Private and parochial
schools, including
vocational schools.
Not less than one space per each
four seats or eight feet of
bench length in the main
auditorium or sanctuary; plus
one space for every fifty square
feet of area available for
portable seating, secondary
assembly or classroom purposes.
Not less than one space per
employee; plus one space per
five children the facility is
designed or intended to accom-
modate. No requirements for
facilities caring for five or
fewer children simultaneously.
-- Not less than three spaces per
classroom, or, one space per
four seats in the main auditor-
ium, gymnasium, or other place
available for public assembly,
whichever is greater.
-- Not less than one space per
each five students, based on
the designed capacity of the
facility, or, one space per
four seats in the main auditor-
ium, whichever is greater.
-- Same as E-3 above, if in
accordance with Section
17.64.050.
F. Commercial amusement
and entertainment
1. Theaters, ampitheaters, --
stadiums.
2. Bowling alley
Not less than one space per
each four fixed seats or
eight feet of bench length.
Five spaces per lane; plus one
space per each two employees.
Other uses in the building
shall be calculated separately,
per Section 17.64.050.
70
17.64.040 --
17.64.040 Off-street parking -- Number of spaces. The
number of off-street parking spaces required for specific
land uses shall be as set forth in the following schedule:
USE
A. Residential
1. One- and two-family
dwellings.
2. Multiple-family
dwellings.
3. Mobile home parks.
n
4. Rooming or boarding
houses; residential
hotels or motels.
B. Commercial Lodging
1. Hotel or motel.
2. Club, lodge.
C. Institutions
STANDARD
-- A private garage or carport
accommodating not less than
two (2) parking spaces for
each dwelling.
-- Not less than two (2) spaces _
per dwelling unit, at least
one of which shall be a garage
or carport; plus one (1) guest
parking space for each four
dwelling units or fraction
thereof..
-- Two spaces on the same lot or
pad as the mobile home (may be
in tandem); plus one guest space
for each four mobile homes or
fraction thereof.
-- One space for each guest accom-
modation; plus one space per
each two employees.
-- Not less than one space per
guest unit;- plus one space per
each two employees. Units
having kitchen facilities shall
provide two spaces each.
-- Spaces to meet the combined
requirements of the uses being
conducted within.
1. Welfare or correctional -- Not less
institution. beds for
2. Convalescent hospital, -- Not less
nursing home, rest each two
home, sanitarium, resident
3. Hospital -- Not less
than
patio
than
beds
5.
than
one space per five
ants or inmates.
one space per
for patients or
three spaces
per each two beds, determined
by the maximum designed capacity
of the facility.
71
' ,~' i~3~
17.64.040 --
3. Dance hall, skating
rink.
4. Swimming pool (for
public use).
G. General commercial
a
1. Retail stores, personal
services and uses other
than those listed in
subsections G-2 through
G-7 below.
2. Furniture, appliances,
wholesale outlets.
-- Not less than one space per
each one hundred square feet
of net floor (or ice) area or
fraction thereof; plus one
space per each two employees.
-- Not less than one space per
each one hundred square feet
of poor surface area.
-- Not less than one space per
each two hundred square feet
of net floor area (excluding
storage and other non-sales
or non-display areas).
-- Not less than one space per
each five hundred square feet
of gross floor area.
3. Automobile, boat, --
mobile home, and recre-
ational vehicle sales,
service and rental.
4. Nurseries,
materials,
materials,
businesses
large sale
or yards.
Not less than one space for
each employee on the major
shift; plus two spaces for
each service bay.; plus one
space per each 300 square
feet of showroom area; plus
one space per each two thousand
square feet of used or new
vehicle sales area, or other
outdoor sales area.
gardening -- Same as G-3 above.
building
and similar
requiring
s buildings
5. Service or repair shop. -- Not less than one space per
each three hundred square
feet of gross floor area.
6. Eating and drinking
establishments.
~~36~
-- Not less than one space per
each three seats, or, per
each one hundred square feet
of gross floor area, whichever
is greater; plus one space per
each two employees on the
major shift.
72
17.64.040 --
7. Drive-in, walk-up, or --
walk-through estab-
lishments for the sale
of food or beverages.
H. Office-professional
1. Banks, other financial
institutions, general
and professional
offices, governmental
offices.
2. Medical and dental
offices; clinics.
Not less than ten spaces for
the first five hundred square
feet or less of gross floor
area, and one space for each
additional fifty square feet;
plus one space per each two
employees on the major shift.
NOTE: Some or all of these
requirements may be waived in
the C-3 district, provided the
establishment is smaller than
five hundred square feet and
is intended to cater primarily
to downtown pedestrian traffic
during normal business hours.
-- Not less than one space per
each three hundred square
feet of gross floor area or
fraction thereof. In no case
shall there be fewer than
three spaces provided.
-- Not less than three spaces per
practitioner; plus one space
per each two employees, or,
one space per each two hundred
square feet of gross floor area,
whichever is greater.
I. Industrial & Manufacturing
1. Assembling and manu- --
facturing businesses.
Not less than two spaces per
each three employees on the two
largest adjacent shifts* or,
one space per each five hundred.
square feet of gross floor area,
whichever is greatest. (*One
space per employee if the
business has only one shift).
2. Warehouses and other -- Not less than tw"o spaces per
storage facilities. each three employees on the
two largest adjacent shifts,*
or, one space per each one
thousand square feet, whichever
is greater. (*One space per
employee if the business has
only one shift) .
3. Industrial vehicles -- One space for each vehicle kept
or operated in connection with
the use.
. ~..~.: ~ iy36 7 3
17.64.050 -- 17.64.080
17.64.050 Mixed uses. In the case of mixed uses in a
building or on a lot, the total requirements for off-street
parking facilities shall be the sum of the requirements for
each of the various uses, computed separately. Off-street
parking facilities provided for one use shall not be considered
as providing required parking space for any other use, except
as specified in Section 17.64.060.
17.64.060 Common parking or loading areas. Parking area
requirements applicable to two (2) or-more separate building
sites or uses in any Commercial (C) or Manufacturing (M) district
may be satisfied by the establishment and maintenance of common
parking areas. Such areas shall be subject to approval by the
Planning Commission as to size, shape, location and other factors.
Such facilities shall be improved and maintained in the manner
provided in this chapter. If the common parking area and the
buildings or building sites to be served are subject to more than
one ownership, permanent improvement and maintenance of such
parking facilities must be provided for and such facilities shall
not be used for any other purpose, unless approved substitute
parking areas are provided.
17.64.070 Compact car adjustment.
A. Any parking lot or otherwise required public parking area
containing ten (10) or more parking spaces shall be
eligible for a compact car adjustment, provided all
requirements of this chapter or adequately met.
B. Up to, but not exceeding, twenty-five percent (250) of
the total number of required parking spaces may be
designed and provided for the parking of compact cars.
C. Compact car parking spaces shall be not less than eight
feet in width and not less than fifteen feet in length.
All maneuvering and driveway areas shall remain standard
size, as provided in subsection 17.64.100.
D. All compact car parking spaces shall be clearly marked
as such, with such marking to be of the type found to
be most appropriate by the Planning Commission.
17.64.080 Change to another use. Areas needed to meet the
parking requirements of a particular building or use shall not
be transformed or changed to another type of use, nor transferred
to meet the parking requirements of another building or use until
the original user of said parking area has adequately met the
parking requirements of his use or has adequately provided his
needed parking at another location approved by the Planning
Commission.
. #i~36~ 7 4
17.64.090 -- 17.64.100
17.64.090 Fractional requirement. Any building or use that,
upon computation of the required number of parking spaces, is
found to require a fractional part of a parking space, any such
fraction shall be construed as one (1) complete space.
17.64.100 Parking design requirements.
A. Size of parking spaces. The standard size for automobile
parking spaces shall be nine (9) feet in width by twenty
(20) feet in length. A compact car parking space shall
be eight (8) feet in width by fifteen (15) feet in length,
as provided in subsection 17.64.070. -
B. Parking lot aisles. The width of parking lot aisles
shall be as illustrated in the diagrams entitled
"Parking Standards", contained in this subsection.
C. Access. There shall be adequate provision for ingress
and egress to all parking spaces. Where parking areas
do not abut a public street or alley, access driveways.
shall be provided that are not less than ten feet in
width for one-way traffic or eighteen feet in width for
two-way traffic.
D. Driveways.
1. In any R-1 or R-2 district, any lot developed-with a
single-family dwelling, two detached single-family
dwellings, or an attached duplex may have one driveway
with a minimum width of ten (10) feet and maximum width
of thirty-six feet, provided the driveway width does
not exceed fifty percent (50g) of the lot's total width,
as measured at the front property line.
2. A driveway that serves as required access to a garage
or carport that is not perpendicular to the front
property line, or side property line in the case of a
corner lot, shall not exceed twenty (20) feet in width
if a turn-around area is provided to permit two-way
ingress and egress.
3. On properties having two driveway openings, such as a
circular driveway, both openings must serve the same
driveway, off-street parking shall not be provided for
within the front yard area, and the combined width of
the driveways shall not exceed fifty percent (50~) of
the lot's total width, as measured at the front property
line.
4. In the R-1 and R-2 districts, not more than one driveway
opening onto a public street shall be permitted for lots
® having a street frontage of less. than eighty (80) feet.
17.64.100 --
5. Driveways from a public street to a required off-street
parking area that serves any R-3 district development,
with the exception of single and two-family dwellings,
shall be a minimum of eighteen (18) feet in width and
designed for two-way traffic.
6. The minimum driveway width in any non-residential
district shall be twenty (20) feet. An exception
may be made for driveways that are not intended for
public use and are blocked or gated to prevent such.
use.
7. The maximum driveway width in any non-residential
district shall be thirty (30) feet. An exception
may be made by the Planning Commission for "drive-in"
type businesses having multiple lanes or service
locations.
E. Improvement of Parking Spaces.
1. All areas utilized for off-street parking, access and
maneuvering of vehicles shall be paved with durable
materials for all-weather use and shall be adequately
drained to prevent the flow of run-off water across
sidewalks or other pedestrian areas.
2. Required parking areas shall be designed with painted
striping or other approved method of delineating the
individual spaces, with the exception of lots containing
single- or two-family dwellings.
3. Parking spaces for uses other than one- and two-family
dwellings shall be designed so that no backing movements
or other maneuvering within a street or other public
right-of-way shall be necessary.
4. Any lighting used to illuminate off-street parking or
loading areas shall be so arranged as to reflect the
light away from adjacent streets or properties.
5. Service drives shall have a minimum vision clearance
area formed by the intersection of the driveway center-
line, the street right-of-way line, and a straight line
joining said lines through points twenty feet from their
intersection.
6. Parking spaces located along the outer boundaries of a
parking lot shall be contained by a curb or a bumper
rail so placed to prevent a motor vehicle from extending
over an adjacent property line, a public street, public
sidewalk, or a required landscaping area.
7. Parking, loading, or vehicle maneuvering areas shall not
be located within the front yard area, or side yard area
of a corner lot abutting a street, in any residential
(R) district, nor within any portion of a street setback
area that is required to be landscaped in any commercial
(C) or industrial (M) district.
17.64.100 --
C
F. Limitation on Use of Parking Areas. Required parking
areas shall be used exclusively for vehicle parking in
conjunction with a permitted use and shall not be reduced
or encroached upon in any manner. The parking facilities
shall be so designed and maintained as not to constitute
a nuisance at any time, and shall be used in such a
manner that no hazard to persons or property, or unreason-
able impediment to traffic, will result.
~~y3~
77
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c:
N P 5 A G
ANGLE OF WIDTH OF CURB
PARKING PARKING DEPTH WIDTH LENGTH
SPACE SECTION OF STALL OF AISLE PER CAR
.(Degrees) (Feet) (Feet) (Feet) (Feet)
0 32'-0" 9'-0" 14' 22'-0"
30 49'-7" 17'-10" 14' 18'-2"
35 51'-8" 18'-10" 14' 15'-8"
40 53'-4" 19'-8" 14' 14'-1"
45 55'-2" 20'-7" 14' 12'-8"
50 60'-2" 21'-1" 18' * 11'-8"
55 61'-2" 21'-7" 18' * 10'-11"
60 61'-8" 21'-10" 18' * 10'-5"
65 66'-0" 22'-0" 22'* 9'-11"
70 65'-10" 21'-11" 22' * 9'-7"
75 65'-4" 21'-8" 22' * 9'-4"
80 68'-8" 21'-4" 26'~F 9'-1"
85 67'-10" 20'-11" 26'~E 9'-0"
90 66'-0" 20'-0" 26'3 9'-0"
* Width of aisle permits two-way
circulation only when a turn-
around is provided.
~ Width of aisle permits two-way
circulation.
5 A 5
-- ~-9-r14--1-9~
T----
`' 176"
-~-- --- .
'~
~' a I
' 2',~r 20~
9' ~
-i
20'
3 14
15° ANGLE 0° DAR AIIEI
~~y~~
{
s. A 5
9'
'a' 4 R?
90° RI ~T ANGLE
PARKING STANDARDS
(DRAFT: To be
redrawn)
~ A 5
21'i0"-~}--1 a'--I---211
,~ray~•
9~ -r --- -
'~ / (+ 105-
20' '!'- ----
60° ANGLE
78
Chapter 17.68
PLANNED UNIT DEVELOPMENT
Sections:
C
17.68.010- Definitions.
17.68.020 Purpose.
17.68.030 Application and review.
17.68.040' Application--Submission.
17.68.060 Outline development plan.
17.68.070 Preliminary development plan.
17.68.080 Separate approval of the preliminary develop-
ment plan.
17.68.090 Approval of the final development plan.
17.68.100 Control of the development after comple-
tion.
17.68.110 Authorization to grant or deny planned
unit development.
17.68.120 Size of the planned unit development site.
17.68.130 Project density.
17.68.14.0 Common open space.
17.68.150 Accessory uses in a planned unit develop-
ment.
17.68.160 Action by commission.
17.68.170 Variations to be authorized.
17.68.180 Placing conditions on a permit.
17.68.190 Additional conditions.
17.68.200 Exception to subdivision title.
17.68.210 Time limit on action.
17.68.220 Appeal.
17.68.230 Permit revocation.
17.68.240 Mapping.
/~.~~
79
17.68.010--Definitions. As used in this chapter the
following words shall mean:
1 A. "Common open space" means an area within a develop-
, ment designed and intended for the use or enjoyment of all
residents of the development or for the use and enjoyment
of the public in general.
B. "Planned unit development" means the development
of an area of land as a single entity for a number of dwell-
ing units or a number of uses, according to a plan which
does not correspond in lot size, bulk or type of dwelling,
density, lot coverage, or required open space to the regula-
tions otherwise required by this chapter. (Ord. 1331(part),
1979: Ord. 893 §8.010, 1967).
17.68.020 Purpose. The purpose of planned unit
development approval is to allow diversification in the re-
lationships of various buildings, structures and open spaces
in planned building groups and the allowable heights of
said buildings and structures, more effective use of open
space, compatible mixing of building types or land uses
through design control, improved aesthetics and environmen-
tal preservation, while insuring substantial compliance with
the district regulations and other provisions of this title,
in order that the intent of this title in requiring adequate
standards related to the public health, safety and general
welfare shall be observed without unduly inhibS:tinct the
advantages of modern large-scale site planning for residen-
~ tial, commercial or industrial purposes. It should either
~ promote a harmonious variety or grouping of uses, or utilize
the economy of shared services and facilities. It is further
the purpose of authorizing planned unit developments to take
into account the following:
A. Advances in technology and design;
B. Recognition and resolution of problems created by
increasing population density;
C. A comprehensive development equal to or better
than that resulting from traditional lot-by-lot land use
development, in which the design of the overall unit per-
. mits increased freedom in the placement and uses of build-
. ings and the location of open spaces, circulation facilities,
off-street parking areas and other facilities;
;~ D. The potential of sites characterized by special
features of geography, topograhpy, size or shape;
E. The height and bulk characteristics of buildings
can vary as long as the ratio of site area to dwelling units
and openness of the site will be in harmony with the area in
which the proposed development is located.
Where use is made of the planned unit development pro-
cess, as provided in this article, a building permit shall
not be issued for such development, or part thereof, until
the planning commission has approved said development as
. provided in this chapter. (Ord. 1331(part), 1979: Ord.
~/ 893 §8.020, 1967).
~/5/~~ 80
17.68.030--17.68:060.
,;~~ 17.68.030 Application and review. A. Applications and
review thereof shall conform to the provisions of Chapter 1.24
of this code and all applicable laws of the state. The appli-
cation shall be accompanied by a filing fee of three hundred
fifty dollars. In the event the city is required to incur
expenses in processing the proposal which shall exceed the sum
of three hundred fifty dollars, payment to the city of such
expenses in excess of the sum of three hundred fifty dollars
shall be a condition of final acceptance of such planned unit
development by the city.
B. No application shall be accepted for any use which
shall require a change of zoning district, unless said appli-
cation is accampanied by an application for a zoning amendment,
as provided in Chapter 17.88 of this code. (Ord. 1391 X12,
1980: Ord. 1368 X10, 1979: Ord. 1331 (part),, 1979: Ord.
893 §8.030, 1967).
17.68.040 Application--Submission. An applicant
shall include with the application for approval of a planned
unit development either an outline development plan as
described in Section 17.68.060 or a preliminary develop-
ment plan as described in Section 17.68.070. (Ord. 1331
(part), 1979: Ord. 893 §8.040, 1967).
17.68.060 Outline development plan. If an outline
development plan is prepared, it shall include both maps
1 and a written statement as described in this section. The
~ information shall deal with enough of the area surrounding
the proposed planned unit development to demonstrate the
relationship of the planned unit development to adjoining
uses, bath existing and allowable.
A. The maps which are part of the outline plan may
be iri general schematic form, and shall contain the fol-
lowing information,
1. The existing topographic character of the land;
2. Existing and proposed land uses and the approx-
imate location of buildings and other structures;
3. The character and approximate density of the
proposed buildings;
4. The approximate location of major thoroughfares;
- 5. Public uses, including schools, parks, play-
grounds and other public open spaces;
6. Common open spaces and a description of the
proposed use of these spaces.
B. The written statement which is a part of the out-
line development plan shall contain the following informa-
tion:
1. An explanation of the character of-the planned
unit development and the manner in which it has been planned
to take advantage of the planned unit development regulations;
2. A statement of the proposed financing;
3. A statement of the present ownership of all the
land included within the planned unit development;
17.68.070
~ 4. A general indication of the expected schedule
of development.
C. Approval of the outline development plan shall con-
stitute provisional approval of the planned unit develop-
ment contingent upon approval of the preliminary develop-
ment plan. (Ord. 1331 (part), 1979: Ord. 893 §8.060, 1967).
•>
~;
17.68._070 Preliminary development plan. A prelimin-
ary development plan shall be prepared and shall include
the following information:
A. A dimensioned map showing street systems, lot or
partition lines and other divisions of land for management,
use or allocation purposes;
B. Dimensioned areas proposed to be conveyed, dedicated
or reserved for public streets, parks, parkways, parking,
pedestrian ways, playgrounds, school sites, public build-
ings and similar public and semipublic uses;
C. A dimensioned plot plan for. each building site and
common open space area, showing the approximate location
of buildings, structures, landscaping, and other improve-
ments and indicating the open spaces around buildings and
structures;
D. Elevation and perspective drawings of proposed
structures;
E. A development schedule indicating:
1. The approximate date when construction of the
project can be excepted to begin,
2. The stages in which the project will be built
and the approximate date when construction of each stage
can be expected to begin,
3. The anticipated rate of development,
4. The approximate dates when each stage in the
development will be completed,
5. The area, location and degree of development of
common open space that will be provided at each stage;
F. Agreements, provisions or covenants which govern
the use, maintenance and continued protection of the planned
unit development and any of its common open space areas;
G. The following plans and diagrams, insofar as the
reviewing body finds that the planned unit development
creates special problems of traffic, parking, landscaping,
or economic feasibility:
1. An off-street parking and loading plan,
2. A circulation diagram indicating proposed move-
ment of vehicles, goods and pedestrians within the planned
unit development and to and from thoroughfares. Any special
engineering features and traffic regulation devices needed
to facilitate or insure the safety of this circulation pat-
tern shall be shown,
3. A landscaping and tree plan,
~ ~y~~
82
4. An economic feasibility report or market analysis;
5. A solar orientation plan showing the general
. orientation of buildings and roof slopes to
each other, to streets, and to the landscaping
and tree plan.
H. If no outline development plan has been filed, the
preliminary plan shall contain the written statement required
by Section 17.68.060 and shall include enough information on
the area surrounding the proposed development to show the
relationship of the planned unit development to adjacent uses,
both existing and proposed;
I. Such other pertinent information shall be included as
may be considered necessary by the Planning Commission to make
a determination that the contemplated arrangement or use makes
it necessary and desirable to apply regulations and requirements
differing from those ordinarily applicable under this title.
(Ord. 1331 (part), 1979: Ord. 893 ®8.070, 1967).
17.68.080 Separate approval of the preliminary develop-
ment plan. A. If an outline development plan has been sub-
mitted and the planned unit development has been provisionally
approved based on the information in the outline development
plan, the applicant shall file the preliminary development
plan with the planning commission within six months fol-
lowing the provisional approval of the outline development
• plan. The planning commission shall give notice and provide
an opportunity to be heard to each of the following:
1. A person who is on record as having appeared
at the hearing on the outline development plan;
2. A person who has indicated in writing a desire
to be notified.
B. The body which provisionally approved the planned
unit development shall then either reapprove, disapprove or
reapprove with modifications the planned unit development
based on the preliminary development plan.
C. If an outline development plan has been submitted
and approved, a preliminary development plan may be sub-
. mitted in stages. If a preliminary development plan cover-
ing at least twenty percent of the area of the outline
development plan has not been submitted within six months
following the approval of the planned unit development,
then the provisional approval of the planned unit develop-
ment by the planning commission shall terminate unless, for
good cause, the planning commission extends for three months
the period for the filing of the preliminary development
plan. (Ord. 1331(part), 1979: Ord. 893 X8.010, 1967).
17.68.090 Approval of the final development plan.
A. Within six months following the approval of the pre-
liminary development plan, the applicant shall file with the
planning commission a final development plan containing in
final form the information required in the preliminary plan..
In its discretion and for a good cause, the planning
~~y~6 C?e~t~a~ ~e~it~~ ~ ~, ~ ~-,x.83
17.68.100
~~; commission may extend for six months the period for the
filing of the final development plan.
B. If the planning commission finds evidence of a
major deviation from the preliminary development plan, the
planning commission shall advise the applicant to submit
an application for amendment to the planned unit develop
ment. An amendment shall be considered in the same manner
as an original application. (Ord. 1331(part), 1979: .Ord.
893 §8.090, 1967).
~~
• J
17.68.100 Control of the development after completion.
The final development plan shall continue to control the
planned unit development after it is finished, and the fol-
lowing shall apply:
A. The building official in issuing a certificate of
completion of the planned unit development shall note the
issuance on the recorded final development plan.
B. After the certificate of completion has been is-
sued, the use of the land and the construction, modifica-
tion or alteration of a building or structure within the
planned unit development shall be governed by the approved
final development plan.
C. After the certificate of completion has been is-
sued, no change shall be made in development contrary to
the approved final development plan without approval of an
amendment to the plan except as follows:
1. Minor modifications of existing buildings or
structures may be authorized by the planning commission if
they are consistent with the purposes and intent of the
final plan and do not increase the cubic footage of a build-
ing or structure.
2. A building or structure that is totally or sub-
stantially destroyed may be reconstructed without approval
of an amended planned unit development if it is in com-
pliance with the purpose and intent of the final develop-
ment plan.
D. An amendment to a completed planned unit develop-
ment may be approved if it is required for the continued
success of the planned unit development, if it is appro-
priate because of changes in conditions that have occurred
since the final development plan was approved or because
there have been changes in the development, policy of the
community as reflected by the comprehensive plan or related
land use regulations.
E. No modification or amendment to a completed planned
unit development is to be considered as a waiver of the
covenants limiting the use of the land, buildings, structures
and improvements within the area of the planned unit develop-
ment; and all rights to enforce these covenants against any
change permitted by this section are expressly reserved.
(Ord. 1331(part), 1979: Ord. 893 X8.100, 1967).
84
17.68.110
®~ 17.68.110 Authorization to grant or deny planned unit
development. A PUD listed in this chapter shall be permitted,
altered or denied in accordance with the standards and pro-
cedures of this chapter. In the case of a use existing
prior to the effective date of the ordinance codified in
this chapter, and classified in this chapter as a PUD, a
change in the use or in lot area, or an alteration of struc-
ture shall conform with the requirements for PUD use. In
judging whether or not a PUD use proposal shall be approved
or denied, the planning commission shall weigh its appro-
. priateness and desirability or the public convenience or
necessity to be served against any adverse conditions that
would result from authorizing the particular development
at the location proposed and, to approve such use, shall
find that the standards of this chapter, including the
following criteria-are either met, can be met by observ-
ance of conditions, or are not applicable:
A. The proposal will be consistent with the comprehen-
sive plan and the objectives of the zoning ordinance and
other applicable policies of the city.
B. The location, size, design and operating charac-
teristics under the proposal will have minimal adverse im-
pact on the liveability, value or appropriate development
of abutting properties and the surrounding area.
C. The location and design of the site and structures
l for the proposal will be as attractive as the nature of
~.
/ the use and its setting warrants.
. D. The proposal will preserve environmental assets
of particular interest to the community.
E. That the proponents of the planned unit development
have demonstrated that they are financially able to carry
out the proposed project, that they intend to start construc-
tion within six months of the approval of the project and
any necessary district change, and intend to complete said
construction within a reasonable time as determined by the
commission.
F. In the case of proposed residential development,
that such development will constitute a residential environ-
me_nt of sustained desirability and stability; that it will
be in harmony with the character of the surrounding neigh-
borhood and will result in an intensity of land utilization
no higher than, and standards of open spaces no less than,
permitted or specified otherwise for such development in this
title.
G. In the case of proposed commercial developments,
that such development is needed at the proposed location to
provide adequate commercial facilities of the type proposed;
that traffic congestion will not likely be created by the
proposed center or will be obviated by presently proposed
.improvements and by demonstrable provisions in the plan
'~~~
'
n ,-..., i. ,.... i n `.:.., ~.. 7 / ice- L
7~L
' ~` i s~36 8 5
17.68.120
1 for proper entrances and exits and by internal provisions
for traffic and parking; that such development will be an
attractive and efficient center which will fit harmoniously
into and will have no adverse effects upon the adjacent
or surrounding development.
H. In case of proposed industrial developments, that
such development will constitute an efficient and well or-
ganized development, with adequate provisions for railroad
and truck access, service and necessary storage; that such
development will have no adverse effects upon adjacent or
surrounding development.
I. That the development of a harmonious, integrated
plan justifies exceptions, if such are required, to the nor-
mal requirements of this title.
J. The planned unit development is an effective and
unified treatment of the development possibilities of the
project site while remaining consistent with the comprehen-
sive plan and making appropriate provisions for the preser-
vation of natural features such as streams and shorelines,
wooded cover and rough terrain.
K. The planned unit development will be compatible
with the area surrounding the project site and with no
greater demand on public facilities and services than other
authorized uses for the land. (Ord. 1331(part), 1979).
• 17.68.120 Size of the planned unit development site.
A. Except as set forth in subsection B of this section,
a planned unit development shall be on a tract of
land five acres or larger.
B. A planned unit development may be for a tract of land
of more than one acre but less than five acres in size
if the Planning Commission finds, upon a showing by the
applicant, that a planned unit development is in the
best public interest because one or more of the following
conditions exist:
1. An unusual physical or topographic feature of importance
to the people of the area or the community as a whole
exists on the site or in the neighborhood, which can be
conserved and still leave the landowner equivalent use
of the land by the use of planned unit development.
2. The property or its neighborhood has a unique historical
character or distinctive features that are of importance
to the community and that could be protected or enhanced
through the use of a planned unit development.
3. The property is adjacent to or in the immediate vicinity
of a planned unit development of similar design as that
proposed and the developments would complement each other
without any adverse impacts on surrounding areas.
4. The property is of irregular shape, mostly landlocked
with limited access, or of other unusual dimensions or
characteristics which would make conventional develop-
. ment unreasonably difficult, expensive, or impossible.
17.68.130 --
17.68.130 Project density.
A. Within a planned unit development, the planning commission
may authorize the following increases in density in excess
of the density otherwise allowed in the district:
1. For an approved scheme of private and common open
space that incorporates the most beneficial balance
of active and passive developed areas and undeveloped
and preserved natural areas, the Planning Commission
may authorize an increase in the total number of
dwelling units of up to five percent (5~) above-the
number of units otherwise authorized by the density
requirements of this section; OR,
2. An increase in the total number of dwelling units
permitted may be increased by up to five percent (5~)
if the applicant can demonstrate that the development
contains unusually distinctive or excellent qualities
in the areas of overall planning, siting, architectural
design, landscaping, solar orientation, recreational
opportunities, or other features that will provide a
unique or superior living environment or that will
considerably enhance the general area or neighborhood.
B. For purposes of this section, base densities to which the
allowable percentage adjustments may be applied are as
follow:
1. All permitted residential land use densities shall
be governed by the "Residential Land Use Plan", as
contained in the Land Use Element of the Comprehensive
Plan. Permitted densities are as follow:
MAXIMUM
LAND USE ZONING RESIDENTIAL
CATEGORY DISTRICT DENSITY
FARM R-F 1 D.U./Acre
LOW DENSITY R-1 6 D.U./Acre
MEDIUM DENSITY R-2/R-3 12 D.U./Acre
HIGH DENSITY R-3 25 D.U./Acre
2. Areas shown on the Comprehensive Plan Map as medium
density may be zoned either R-2 or R-3, depending on
the specific site-and area characteristics. A planned
unit development shall conform to all requirements of
the established zoning district, except that the base
project density shall not exceed twelve (12) dwelling
units per acre.
. 17.68.140 Common open s ace. A. No open area may
be acce
ted as co
p
mmon open space within a planned unit
development unless it meets the following requirements:
1. The location, shape, size and character of the
- common open space is suitable for the planned development
.
2. The common open space is for amenity or recrea-
tional purposes and the uses authorized are appropriate to
the scale and character of the planned unit development,
considering its size, density, expected population, topo-
graphy, and the number and type of dwellings provided.
3. Common open space will be suitably improved for
its intended use, except that common open space containing
natural features worthy of preservation may be left unim-
proved. The buildings, structures and improvements to be
..permitted in the common open space are appropriate
1 to the uses which are authorized for the common open space.
4. The development schedule which is part of the
development plan coordinates the improvement of the common
open space and the construction of buildings and other
structures in the common open space with the construction
of residential dwellings in the planned unit development.
5. If buildings, structures or other improvements
are to be made in the common open space, the developer pro-
vides a bond or other adequate assurance that the buildings
structures and improvements will be completed. The city
administrator shall release the bond or other assurances
when the buildings, structures and other improvements have
been completed according to the development plan.
B. Land shown on the final development plan as common
open space shall be conveyed under one of the following
options at the planning commission discretion:
1. To a public agency which agrees to maintain
the common open space and any buildings, structures or
other improvements which have been placed on it;
2. To an association of owners or tenants, created
as a nonprofit corporation under the laws of the state, which
shall adopt and. impose articles of incorporation and bylaws
and adopt and impose a declaration of covenants and restric-
tions on the common open space that is acceptable to the
planning commission as providing for the continuing care of
--~ the space. Such an association shall be formed and con-
~ tinued for the purpose of maintaining the common open space.
. C. No common open space may be put to a use not speci-
fied in the final development plan unless the final develop-
ment plan is first amended to permit the use. However, no
change of use may be considered as a waiver of any of the
covenants limiting the use of common open space areas, and
all rights to enforce these covenants against any use per-
, mitted are expressly reserved.
D. If the common open space is not conveyed to a pub-
lic agency, the covenants governing the use, improvement
• and maintenance of the common open space shall authorize
the city to enforce their provisions. (Ord. 1331(part),
1979) .
i~3~ 8 8
17.68.150 Accessory uses in a planned unit development.
In addition to the--accessory uses typical of the primary
uses authorized, accessory uses approved as a part of a
® planned unit development may include the following uses:
A. Golf course;
B. Private park, lake, or waterway;
C. Recreation area;
D. Recreation building, clubhouse, or social hall;
E. Other accessory structure which the planning com-
mission finds is designed to serve primarily the residents
~ of the planned unit development, and is compatible to the
design of the planned unit development. (Ord. 1331(part),
1979) .
17.68.160 Action by commission. The commission may
continue a public hearing in order to obtain more informa-
tion or to serve further notice. (Ord. 1331(part), 1979).
17.68.170 Variations to be authorized. The planning
commission may authorize standards of site area and dimen-
sions, site coverage, yard spaces, heights of structures,
distances between structures, street widths, off-street park-
ing and off-street loading facilities and landscaped areas
not equivalent to the standards prescribed by th-e regula-
tions for the district in which the planned unit develop-
ment is located, if the applicant has demonstrated, by his
design proposal, that the objectives of the zoning title
and of this chapter will be achieved.
A. The minimum lot area, width, frontage, and yard
requirements otherwise applying to individual buildings
in the zone in which a planned unit development is proposed
do not apply within a planned unit development.
B. If the spacing between main buildings is not equi-
valent to the spacing which would be required between build-
ings similarly developed under this chapter on separate
~~ parcels, other design features shall provide light, ventila-
tion and other characteristics equivalent to that obtained
from the spacing standards.
C. Buildings, off-street parking and loading facili-
ties, open space, landscaping, and screening shall provide
protection outside the boundary lines of the development
comparable to that otherwise required of development in
the zone.
D. The Planning Commission may approve building heights
greater than those authorized by the district requirements when
the .applicant can demonstrate that the subject building(s) will
not be within one hundred (100) feet of any abutting residential
(R) property, that the increase in height will be cost-effective.
in reducing the prices of dwelling units offered for sale or rent,
and that additional natural open space will be preserved or
additional common recreational areas provided as a result.
E. The building coverage for any planned unit development
shall not exceed that which is permitted for other construction
in the zone. (Ord. 1331 (par t), 1979).
17.68.180 Placing conditions on a permit. In per-
mitting a new PUD use or the alteration of an existing PUD
use, the planning commission may impose, in addition to
those standards and requirements expressly specified by
this chapter, additional conditions which it finds neces-
sary to avoid a detrimental environmental impact and. to
® > otherwise protect the best interest of the surrounding area
or the community as a whole. These conditions may include
but are not limited to the following:
A. Limiting the manner in which the use is conducted,
including restricting the time a certain activity may take
place and restraints to minimize such environmental effects
as noise, vibration, air pollution, glare and odor;
B. Establishing a special yard or other open space or
lot area or dimension;
C. Limiting the height, .size or location of a build-
ing or other structure;
D. Designating the size, number, location and nature
of vehicle access points;
E. Increasing the amount of street dedication, road-
way width or improvements within the street right-of-way;
F. Designating the size, location, screening, drain-
age, surfacing or other improvement of a parking area or
truck-loading area;
G. Limiting or otherwise designating the number, size,
location, height and lighting of signs;
H. Limiting the location and intensity of outdoor
lighting and requiring its shielding;
I. Requiring diking, screening, landscaping or another
facility to protect adjacent or nearby property and desig-
nating standards for its installation and maintenance;
J. Designating the size, height, location and materials
• ) for a fence;
K. Protecting and preserving existing trees, vegeta-
tion, water resources, wildlife habitat or another signi-
ficant natural resource;
L. Making any other condition to permit the develop-
ment of the city in conformity with the intent and purpose
of the conditional classification of uses. (Ord. 1331(part),
1979) .
17.68.190 Additional conditions. Planned residential
developments may have the following conditions attached:
A. Prior to the issuance of the certificate of oc-
cupancy, recreational facilities shall be installed as may
- be required by the planning commission.
B. Pedestrian movement upon the site shall be en-
couraged and separated from vehiclar traffic through a com-
prehensive system of four-foot pathways.
C. The site shall be developed for residential and
accessory uses only at a maximum density per dwelling unit
to be specified.
D. Off-street parking shall be provided at the follow-
ing ratios: 1.5 spaces per unit; two bedroom units, 1.75
spaces per unit; three bedroom units, two spaces per dwelling
..unit; visitor parking, one space per four units; recrea-
® tional vehicle storage, one space per seven units. No
17.68.200--17.68.210
1 vehicles shall be parked except in designated areas or
stalls; there shall be no parking within turn around areas
or main driveways. Visitors' parking shall be clearly
identified and maintained as such. Boats, trailers, campers
and similar recreational vehicles may be stored in desig-
nated areas only.
E. The permanency, security, and visual screening of
the recreational vehicle storage area shall be assured by
the construction of permanent walls not less than seven
feet in height as approved by the planning commission.
F. A specified number of "tot lots" shall be provided
in addition to adult recreational facilities on the site to
provide for the continuing use of children residing thereon. _
Such facilities shall be approved by the planning commis-
sion. Said commission shall include the number and the type
of construction for the play equipment.
G. If the units in the project are to be rentals, the
owner of the subject property shall provide for the regular
and continuing maintenance of all structures, open space and
landscaped areas and all off-street parking and maneuvering
areas. An agreement guaranteeing such continuing maintenance
and giving lien rights to the city in the event of lack of
said maintenance shall be submitted to the city attorney
for his review and approval prior to the issuance of any
building permits.
H. But if the units are sold individually (condominiums),
®~ a homeowners' association shall be established for the pur-
pose of permanently maintaining all of the subject property,
including common areas and individual units, buildings and
structures, and a homeowners' association agreement guaran-
teeing such maintenance by individual owners and providing
for lien rights and reimbursement to the city for any costs
incurred thereby shall be submitted to the city attorney
prior to the issuance of any building permits. (Ord. 1331
(part) , 1979) .
I. For developments of five acres or larger, a bicycle
path system shall be provided that is either integrated into
the pedestrian sidewalk system or designed as a separate
system and appropriately marked and signed. Considerations
should include bicycle access to all dwelling units, the
relationship of such facilities to the City's bicycle system
plan, bicycle racks for residents and visitors, and other
features that may be applicable.
17.68.200 Exception to subdivision title. When a
planned unit development involves design proposals which
would also necessitate the granting of exceptions to the
regulations of the city subdivision title, the Planning
Commission may ,grant those conditions as part of the planned
unit development. Tentative approval of the preliminary
development plan under the planned unit development ordinance
• may also constitute tentative approval of a preliminary map
under Chapter 17.72 if the presented materials are presented
in the manner prescribed by the subdivision title.
(Ord. 1331 (part) , 1979) .
' ~} i~~6 91
17.68.220--17.72.010
17.68.210 Time limit on action. The commission shall
act upon the application within ninety days from the date
® of accepting the application, excluding such time as may be
necessary to complete any necessary amendment. In taking
action, the commission may deny a permit, may grant a per-
. mit as submitted, or may grant a permit subject to addi-
tional conditions. Any planned unit development as authorized
shall be subject to all conditions imposed and shall be
excepted from other provisions of this title only to the
extent specified in said permit. (Ord. 1331(part), 1979).
17.68.220 Appeal. The decision of the planning com-
mission may be appealed to the city council in the manner
prescribed by Chapter 17.84. (Ord. 1331(part), 1979).
17.68.230 Permit revocation. A. The commission, on
its own motion, at a public hearing advertised in conform-
ance with the requirements of Section 17.76.030, may revoke
any permit for a planned unit development for noncompliance
with the conditions set forth in granting said permit.
B. The permit shall expire and become void one year
from the date on which it was issued unless an application
. for extension is filed and approval by the planning commis-
sion has been granted. The one year shall commence with
approval of the final development plan instead of with ap-
proval of the planned unit development. (Ord. 1331(part),
-~~ 1979) .
® 17.68.240 Mapping. Within thirty days after the
granting of a planned unit permit, the permit application
file number shall be indicated on the zone map on the lot
or lots affected by such permit. (Ord. 1331(part), 1979).
Chapter 17.72
SITE PLAN, LANDSCAPING AND
CONSTRUCTION PLAN APPROVAL
Sections:
17.72.010 Purpose.
17.72.020 Required.
17.72.021 Application and review.
17.72.030 Information required.
17.72.035 Land dedication for park purposes.
17.72.040 Sta:.dards.
17.72.060 Building permit issuance--Plan change.
17.72.010 Purpose. The purpose of site plan, landscap-
ing and construction plan approval is to review the site and
landscaping plans of the proposed use structure or building
~~~~~ 92
to determine compliance with this title and the building code,
and to promote the orderly and harmonious development of the
city, the stability of land values and investments, and the
general welfare, and to promote aesthetic considerations, and
to help prevent impairment or depreciation of land values and
development by the erection of structures of additions or
alterations thereto without proper attention to site planning,
landscaping and the aesthetic acceptability in relation to
the development of neighboring properties. (Ord. 1068 ®2, 1972:
Ord. 893 ®11.010, 1967).
17.72.020 Required. Approval of the site plan, the
landscaping plan and the construction plans. shall be made by
the Planning Commission under this chapter for the construction,
reconstruction or repair of any improvements or improvements re-
quiring a building permit under the ordinances of the City.
Properties located in R-1 districts shall be reviewed by staff
and referred to the Planning Commission when unusual features
or circumstances of the site or building could result in a
potentially adverse impact on the neighborhood or adjacent
properties. No building permit shall be issued until approval,
as provided in this chapter, has been obtained for any building
or structure requiring plan approval according to the provisions
of this title.
• 17.72.021 Application and review. Applications and
\ reveiw thereof shall conform to the provisions of Chapter
1.24 and all applicable laws of the state. (Ord. 1368 §11,
' 1979).
17.72.030 Information required. An application shall
be filed which shall include the following information:
A. Name and address of the applicant;
B. Statement that the applicant is the .owner of the
property or is the authorized agent of the owner;
C. Address and legal description of the assessor's
parcel number of the property;
D. The application shall include an accurate scale dra~ti•-
ing of the site, landscaping and improvements proposed. The
drawing must be adequate to enable the planning commission
to determine the compliance of the proposal with the require-
ments of this title.
The site or other plans shall show all outside improve-
ments including accesses to public streets and including pro-
visions for circulation of people and vehicles on the site;
E. Construction plans and such other plans and informa-
tion as are required to show the architecture of all buildings
and
out
Ord.
...~
other improvements;
F. Location of all public improvements and all utilities;
G. Such additional information as is necessary to carr~•
the purposes of this chapter. (Ord. 1368 §12, 1979:
1068 §4, 1972: Ord. 893 §11.030, 1967).
17.72.035 Land dedication for park purposes. The provisions
• of Central Point Municipal Code Chapter 16.20 relating to the
dedication of land for park purposes shall be applicable to all
new residential construction, except that fees in lieu of dedi-
cation shall normally be required in the case of single-family
and two-family residences that are not developed as part of a
subdivision or planned unit development.
17.72.040 Standards. In approving, conditionally approving,
or denying the plans submitted, the Planning Commission and City
Council shall base .their decisions on the following standards:
A. Landscaping and fencing and the construction of walls
on the site in such a manner as to cause the same to not sub-
stantially interfere with the landscaping scheme of the neigh- -
borhood, and in such a manner as to use the same to screen such
activities and sights as might be heterogeneous to existing
neighborhood uses. The Planning Commission may require the
maintaining of existing trees for screening purposes and for
sound and sight insulation from existing neighborhood uses;
B. Design, number and location of ingress and egress
points so as to improve and to avoid interference with the
traffic flow on public streets;
C. To provide off-street parking and loading facilities
and interval personal and vehicle flow facilities in such a
manner as is compatible with the use for which the site is
• proposed to be used and capable of use, and in such a manner
as to improve and avoid interference with the traffic flow
on public streets;
D. Signs and other outdoor advertising structures to insure
that they do not conflict with or deter from traffic control signs
or devices and that they are compatible with the design of their
buildings or uses and will not interfere with or detract from the
appearance or visibility of nearby signs.
E. Accessibility and sufficiency of firefighting facilities
to such a standard as to provide for the reasonable safety of
life, limb and property, including, but not limited to, suitable
gates, access roads and fire lanes so that all buildings on the
premises are accessible to fire apparatus;
F. Compliance with all City ordinances and regulations and
applicable state laws;
G. Compliance with such architecture and design standards
as to provide aesthetic acceptability in relation to the neighbor-
hood and the Central Point area and its environs. The architecture
and design proposals may be rejected by the Planning Commission if
found to be incompatible with the existing architectural or design
characteristics of adjacent properties or uses. In addition, the
Planning Commission reserves the right to establish additional
height, setback, buffering, or other development requirements that
• may be necessary to ensure land use compatibility and ensure the
health, safety, and privacy of Central Point residents.
' ~` jy~~ 9 4
~.1
17.76.010--1,7.76.020
17.72.060 Building permit issuance -- Plan change.
A. No building permit will be issued for the construction
without the prior approval by the Planning Commission which
will be noted on the first page of the plans. One copy of
said plans shall be retained by the city and one set so ap-
proved shall be given to the developer or owner. A precondi-
tion to approval will be approval by the State Fire Marshal
in compliance with ORS 476.120.
B. Any change or deviation from the plans as approved
by the city planning commission without the approval of the
building inspector for structures or the city engineer for
the public improvements shall be considered a violation.
(Ord. 1068 §6, 1972; Ord. 893 §11.060, 1967).
Chapter 17.76
•~
Sections:
17.76.010
17.76.011
17,76.020
17.76.040
17.76.060
17.76.070
17.76.080
17.76.090
17,76.1.10
17.76.120
CONDITIONAL USE PERMITS
Purpose.
Application and review.
Information required.
Findings and conditions.
Expiration.
Revocation.
Appeal.
Effect.
Mapping.
Change of ownership.
17.76.010 Purpose. In certain districts, conditional
uses are permitted subject to the granting of a conditional
use permit. Because of their unusual characteristics or the
special attributes of the area in which they are to be lo-
cated, conditional uses require special consideration so that
they may be properly located with respect to the objectives
of the zoning title and their effect on surrounding proper-
ties. (Ord. 1418 §2, 1981: Ord. 893 §6.010, 1967).
17.76.011 Application and review. An application and
review thereof shall conform to the provisions of Chapter
1.24 and all applicable laws of the state. The application
shall be accompanied by a fee of one hundred dollars. (Ord..
1391 §13, 1980: Ord. 1368,§15, 1979)
17.76.020 Information required. An application for a
conditional use permit shall include the following informa-
tion:
95
A. Name and address of the applicant;.
B. Statement that the applicant is the owner of the
property or is the authorized agent of the owner;
C. Address and legal description or the assessor's par-
cel number of the property;
D. An accurate scale drawing of the site and improve-
ments proposed. The drawing must be adequate to enable the
planning commission to determine the compliance of the pro-
posal with the requirements of this title;
E. A statement indicating the precise manner of com-
e pliance with each of the applicable provisions of this title
together with any other data pertinent to the findings pre-
requisite to the granting of a use permit.
The application shall be accompanied by a fee of--
-€~e dollars. (Ord. 1368 §16, 1979: Ord. 893 §6.020, 1967).
17.76.040 Findings and conditions. The planning com-
mission, in granting a conditional use permit shall find as
follows:
A. That the site for the proposed use is adequate in
size and shape to accommodate said use and all yards, spaces,
walls and fences, parking, loading, landscaping and other
features required by this section, to adjust said use with
land and uses in the neighborhood;
B. That the site for the proposed use relates to streets
and highways adequate in width and pavement type to carry
the quantity and kind of traffic generated by the proposed
use;
C. That the proposed use will have no adverse effect
_~ on abutting property or the permitted use thereof. In mak-
ing this determination, the commission shall consider the
proposed location of i~:provements on the site; vehicular in-
gress, egress and internal circulation; setbacks; height of
buildings; walls and fences; landscaping; outdoor lighting;
and signs;
~- D. That the conditions stated in the resolution are
deemed necessary to protect the public health, safety and
_ general welfare. Conditions may include:
= 1. Special yards, spaces and buffers,
2. Fences and walls,
3. Enclosure of storage areas and limitations on
out-of-door display of merchandise,
4. Surfacing of parking areas subject to specifica-
tions,
5. Regulation of points of vehicular ingress and
egress,
6. Regulation of signs,
7. Requiring landscaping and maintenance thereof,
8. Requiring maintenance of the grounds,
~\ 9. Regulation of noise, vibration, odors, etc.,
10. Regulation of time for certain activities,
11. Time period within which the proposed use shall
be developed,
12. A bond for removal of such use within a specified
period of time,
13. Such other conditions as will make possible the
development of the city in an orderly and efficient manner and
in conformity with the intent and purposes set forth in this
section. (Ord. 1368 §18, 1979: Ord. 893 X6.040, 1967).
~`/y~~ 9 6
17.76.060--17.76.110
E, In considering an application for a conditional use
permit for a home occupation, the Planning Commission shall
review the criteria listed in Section 17.60.180.
17.76.060 Expiration. A conditional use permit shall
' lapse and become void one year. following the date on which
it became effective unless, by conditions of the use permit,
a greater or lesser time is prescribed as a condition of
approval, or unless prior to the expiration of one year, a
building permit is issued by the building inspector and con-
.. struction is commenced and diligently pursued toward comple-
tion. The planning commission may extend a use permit for
an additional period of one year, subject to the requirements
of Section 17.76.040 of this chapter. (Ord. 893 §6.060, 1967).
17.76.070 Revocation. A. The commission, on its own
- motion, at a public hearing, may revoke any conditional use
permit for noncompliance with the conditions set forth in
granting said permit. Notice of public hearing shall be
~~ given.
® B. If an established time limit for development expires
and no extension has been granted, the conditional use permit
shall be considered void. (Ord. 893 §6.070, 1967).
17.76.080 Appeal. The decision of the planning commis-
sion may be appealed to the city council in the manner pre-
scribed by Chapter 17.84. (Ord. 893 §6.080, 1967) .
17.76.090 Effect. No building permit shall be issued
in any case where a conditional use permit is required until
fifteen days after the granting of the conditional use permit,
and then only in accordance with the terms and condition s
of said permit. An appeal from the action of the commission
shall automatically stay the issuance of the building or
other permit until such appeal has been completed and the
council has acted thereon. In the event the council sets to
grant said conditional use permit, the building permit may
be issued immediately thereafter, in accordance with such
terms and conditions as may have been imposed on said permit.
(Ord. 1368 §20, 1979: Ord. 893 §6.090, 1967).
17.76.110 Mapping. Within thirty days after the grant-
ing, of a conditional use permit, the permit application file
number shall be indicated on the zone map on the lot or lots
_ affected by such permit. (Ord. 893 §6.110, 1967).
~`:J
~' ~ iy3~ 97
17.76.120--17.80.030
®~
17.76.120 Change of ownership. A conditional use per-
mit granted pursuant to the provisions of this chapter shall
run with the Land and shall continue to be valid upon a change
of ownership of the site or structure which was the subject
of the use permit application, except as otherwise provided
in this chapter. and in Section 17.60.180, Home Occupations.
Chapter 17.80
VARIANCES
Sections:
17.80.010 Generally.
17.80.020 Application and review.
17.80.030 Information required.
17.80.040 Variations to be authorized.
17.80.070 Effect.
17.80.080 Limitation on new application.
17.80.090 Revocation.
17.80.100 Mapping.
17.80.010 Generally. Where practical difficulties,
a unnecessary hardships and results inconsistent with the gen-
eral purposes of this title may result from the strict
application of certain provisions thereof, variance may be
granted as provided in this chapter. This chapter may not
be used to allow a use that is not in conformity with the
uses specified by this title for the district in which the
land is located. In granting a variance, the city may im-
pose conditions similar to those provided for conditional
uses to protect the best interests of the surrounding prop-
, erty, the neighborhood or the city as a whole. (Ord. 893
- §7.010, 1967).
17.80.020 Application and
review thereof shall conform to
1.24 and all applicable laws of
shall be accompanied by a fee o
1391 §14, 1980: Ord. 1368 §21,
1967).
review. Applications and
the provisions of Chapter
the state. The application
E one hundred dollars. (Ord.
1979: Ord. 893 §7.020,
17.80.030 Information required. An application shall
be accompanied by a legal description of the property, plans
and elevations necessary to show the proposed development,
plans and evidence showing that:
A. There are exceptional or extraordinary circumstances
or conditions applying to the land, building or use referred
,:®~ to in the application, which circumstances or conditions do
not apply generally to land, buildings or uses in the same
district;
~ iy~6
98
17.80.040--17.80.090
•
B. The granting of the application is necessary for
the preservation and enjoyment of substantial property
rights of the petitioner;
C. The granting of such application will not, under
• the circumstances of the particular case, be outweighed by
the adverse effects to the health or safety of persons re-
siding or working in the neighborhood of the property of
the applicant and will not, under the circumstances of the
particular case, be materially detrimental to the public
welfare or injurious to property or improvements in said
neighborhood. (Ord. 1368 §22, 1979: Ord. 893 §7.030,
1967),
17.80.040 Variations to be authorized. Trlhen required
by the findings made in Section 17.80.020, the planning com-
mission may authorize variance of design standards relative
to site area. and dimensions, site coverage, yard spaces,
heights of structures, distance between structures, off-
street parking and off-street loading facilities, fencing
and landscaping or other similar standards. No variance
shall be granted authorizing a use of land not permitted
by zone district regulations or increasing the density of
residential development above that permitted by the dis-
trict regulations. (Ord. 893 §7.040, 1967).
\) 17.80..070 Effect. No building permit shall be issued
;.® `" in an case where
Y a variance is required until fifteen days
after the approving of the variance by the commission, and
then only in accordance with the terms and conditions of
said approval. An appeal from the action of the commission
shall automatically stay the issuance of the building or
other permit until such appeal has been completed and the
council has acted thereon. In the event the council acts
to grant said variance, the building or zoning permit may
be issued immediately thereafter, in accordance with such
terms and conditions as may have been imposed on said var-
iance. (Ord. 893 §7.070, 1967).
17.80.080 Limitation on new application. In case an
application is denied by the commission, or on appeal, by
the council, unless specifically stated to be without pre-
judice, it shall not be .eligible for resubmittal for one
year from date of said denial unless, in the opinion of the
commission, new evidence is submitted or conditions have
changed to an extent that further consideration is warranted.
(Ord. 893 §7.080, 1967).
17.80.090 Revocation. A. The commission, on its ocan
motion, at a public hearing advertised in conformance :with
the requirements of Section 17.76.030, may revoke any var-
• iance for noncompliance with the conditions set forth in
granting said permit.
:~
17.80.100--17.88.030
•~
B. If an established time limit for development expires
--and no extension has been granted, the variance shall be con-
sidered void. (Ord. 893 §7.090, 1967).
17.80.100 Mappin Within thirty days after the grant-
ing of a conditional use permit, the permit application file
number shall be indicated on the zone map on the lot or lots
affected by such permit. (Ord. 893 §7.100, 1967).
Chapter 17.88
AMENDMENT*
Sections:
17.88.010 Procedure.
17.88.020 Initiation of amendments.
17.88.030 Application and review.
17.88.040 Action by commission or council.
i
17.88.010 Procedure. This title may be amended by
changing the boundaries of districts or by changing any
other provision thereof, whenever the public necessity and
convenience and the general welfare require such amendment,
by following the procedure of this chapter. (Ord. 1368 §25
(part) , 1979) .
17.88.020 Initiation of amendments. An amendment to
the text or the zoning map may be initiated by:
A. Resolution of intention of the planning commission;
B. Resolution of intention of the city council;
C. Application by one or more property owners, or their
agents, of property affected by the proposed amendment. The
application shall be accompanied by a legal description of
the property or properties affected; a map showing the prop-
erty or properties affected and all properties within a
radius of two hundred feet of the exterior boundaries there-
of. (Ord. 1368 §25 (part), 1979).
17.88.030 Application and review. Applications and
review thereof shall conform to the provisions of Chapter
1.24 of this code and applicable laws of the state. The
application shall be accompanied by a fee of three hundred
twenty-five dollars. In the event the city is required to
incur expenses in processing the proposal which shall exceed
the sum of three hundred twenty-five dollars, payment to the
city of such expenses in excess of the sum of three hundred
* Prior ordinance history: Ordinance 893, as amended by
Ord. 1086.
/~.~~
100
17.88.040
~~
twenty-five dollars shall be a condition of final approval
of such amendment by the city. (Ord. 1391 §15, 1980: Ord.
1368 §25(part), 1979).
17.88.040 Action by commission or council. A. If the
commission deems it advisable, it may recommend that the
l
' ~ %5~.~~
101
17.88.040
area under consideration for change in classification be en-
larged or diminished or be reclassified to a district other
than the district originally initiated.
B. Any petition for an amendment may be withdrawn upon
the written application of a majority of all persons who
signed such petition. The council or the commission may, by
resolution, abandon any proceedings for an amendment ini-
tiated by its own resolution of intention, provided that such
abandonment may be made only when such proceedings are before
such body for consideration, and provided that any hearing of
which public notice has been given shall be held.
C. If the council proposes to adopt an amendment that
is substantially altered from the recommendation of the com-
mission, the council may refer said proposed amendment back
to the commission for report and recommendation before adop-
tion. The commission shall consider said amendment within
thirty days of said referral and report thereon at the next
regular meeting of the council. Failure so to report will
be deemed to constitute approval by the commission.
D. If from the facts presented and the findings and
report and recommendations of the planning commission as re-
quired in Section 17.88.040, the city council determines
that the public health, safety, welfare and convenience will
best be served by a proposed change of zone, the council may
__1 indicate its general approval in principle of the proposed
~.; rezoning by the, adoption of a resolution. of intent to rezone
the area involved. The resolution shall include any condi-
tions, stipulations or limitations which the council may
feel necessary and in the public interest as a prerequisite
to final action, including provisions the council deems
necessary to prevent speculative holding of the property
- after rezoning. The resolution shall not be used to justif~•
spot zoning, to create unauthorized zoning categories by
excluding uses otherwise permitted in the proposed zoning or
by proposed setback, area or coverage restrictions not speci-
e- fied in the ordinance for the zoning classification, or as a
substitute for a variance. The fulfillment by the applicant
of all conditions, stipulations and limitations in the reso--
_ lution shall make the resolution a binding commitment on the
city council, and the council shall, by ordinance, effect
such rezoning. The failure of the applicant to meet all
conditions, stipulations or limitations contained in the
resolution within the time limits prescribed in the resolu-
tion shall render the resolution of intent to rezone null
and void unless an extension. is granted by the council upon
recommendation of the planning commission. (Ord. 1368 §25
(part), 1979).
..~~
.~ iy~~~ 10 2
17.92.010
~1
Chapter 17.92
ENFORCEh4ENT
Sections:
17.92.010 Violations a nuisance.
17.92.020 Penalties.
17.92.010 Violations a nuisance. Any building or struc-
ture set up, erected, constructed, altered, enlarged, con-
verted, moved or maintained contrary to the provisions of
this title, and any use of any land, building or premises
established, conducted, operated or maintained contrary to
the provisions of this title is unlawful and a public nuis-
ance, and the city attorney of the city may, or upon order
of the council shall, immediately commence action or proceed-
ings for the abatement and removal and enjoinment thereof
in the manner provided by law, and may take such other steps
and apply to such courts as may have jurisdiction to grant
such relief as will abate and remove such building or from
setting up, erecting, building, maintaining or using any
t)
•J
~~y3~
103
17.92.020--17.96.020
__` such building or structure or using property contrary to the
provisions of this title. The remedies provided for herein
' shall be cumulative and not exclusive. (Ord. 893 X12.010,
1967) .
17.92.020 Penalties. Any person, firm or corporation,
whether as principal, agent, employee, or otherwise, ~•iolat-
ing or causing the violation of any of the provisions o~ this
title is guilty of a misdemeanor and upon conviction thereof
shall be punishable by a fine of not more than two hundred
dollars or by imprisonment for a term not exceeding thirty
days or both such fine and imprisonment. Such person, firm
or corporation is guilty of a separate offense for each and
every day during any portion of which any violation of this
title is committed or continued by such person, firm or
corporation, and shall be punishable as herein provided for
~:ach such offense. (Ord. 893 X12.020, 1967).
Chapter 17.96
AMENDMENT TO CODZPREHENSIVE LAND-USE PLAN
Sections:
17.96.010
17.96.020
17.96.030
17.96.040
17.96.050
17.96.060
Procedure.
Initiation of amendments.
Major revisions and minor changes--Time for
hearing.
Schedule of public hearings.
Substantive standards.
Action by city council.
17.96.010 Procedure. The comprehensive land-use plan of
the city may be amended by changing the text, the boundaries
of districts therein, or by changing the urban growth boundary,
subject to approval by the Land Conservation and Development
Commission of the state, whenever the public necessity and
convenience and general welfare requires such amendment, by
following the procedure of this chapter. (Ord. 1297 (part),
1978} .
17.96.020 Initiation of amei~3ments. Amendment may be
initiated by:
A. Resolution of intention of the planning commission;
B. Resolution of inten~`ion by the city council;
C. Application by one or -yore property o:aners, or their
agents, of property affected by the proposed amendment. The
amendment shall be accompanied by a legal description of the
property or properties involved; a map showing the property or
104
17.96.030--17.96.050
r®~
properties affected and all properties within a raduis of
three hundred .feet of the exterior boundaries thereof; proposed
findings~of facts supporting the proposed amendment, justify-
ing the same and addressing the substantive standards for such
an amendment as required by this chapter and by the Land
Conservation and Development Commission of the state. (Ord.
1297 (part) , 1978) .
17.96.030 Major revisions and minor changes--Time for
hearing. In accordance with state-wide planning goal two,
proposed amendments to the comprehensive plan shall be
categorized as either major revisions or minor changes under
the goal two definitions of said terms. Proposals for major
revisions .shall be processed, as provided for in this chapter,
not more than every two years, and proposals for minor changes
shall likewise be processed not more frequently than once each
year, on a schedule of hearing dates to be established by the
city council by ordinance. (Ord. 1297 (part), 1978).
i)
17.96.040 Schedule of public hearin s. All proposals
for amendment to the comprehensive plan, including major
revisions and minor changes, shall be scheduled for public
hearing before the citizens' advisory committee, the city's
planning commission and the city council, on dates to be
scheduled by the city council by ordinance. The manner of
notice to the public shall likewise be established by the
city council by ordinance but shall meet the following
criteria:
A. Applications and review thereof shall conform to
the provisions of Chapter 1.24 of this code, and all appli-
cable laws of the state. (Ord. 1418 ~9, 1981: Ord. 1297
(part), 1978).
17.96.050 Substantive standards. A. The citizens'
advisory committee, the planning commission and the city
council, in reviewing a proposed amendment to the comprehen-
sive plan, shall address the public need and justification
for the proposed change, and shall make specific findings,
reciting the evidence in support thereof, for each of the
state-wide planning goals as the same apply to the proposed
change.
105
17.96.060
r- ~4 B. The findings adopted by the citizens' advisory com-
`~~ mittee, following a public hearing on the proposal, shall be
forwarded to the city planning commission prior to the pub-
- lic hearing at the planning commission level. The findings
adopted by the planning commission following public hearing
shall be forwarded to the city council prior to the public
hearing at the council level. (Ord. 1297 (part), 1978).
17.96.060 Action by city council. A. Following re-
ceipt of the. findings of the citizens' advisory committee
and planning commission on the proposed amendment, receipt
of any staff reports, and all evidence received at the pub-
lic hearing held at the city council level, the city council
shall render its decision within sixty days after said hear-
- ing, and said decision shall include findings as required in
Section 17.96.050. If the council proposes to adopt an
amendment that is substantially altered from that recommended
by the citizens' advisory committee or the planning commis-
sion, the council may refer said proposed amendment back to
the citizens' advisory committee or the planning commission
for report and recommendation prior to adoption.
B. When adopted, any changes shall be suitably noted
in a prominent place in the city's comprehensive plan, filed
with the city recorder, and copies thereof shall be made
', available to the public.
-~~--~ C. In the event a petition for an amendment to the
:'~~ comprehensive plan is denied by the council, said petition
shall not be eligible for resubmission until the next date
scheduled for review of proposed amendments to the comprehen-
sive plan. (Ord. 1297 (part), 1978).
r%
~y~~
106