HomeMy WebLinkAboutOrdinance 1867ORDINANCE NO. k R Lv j
AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE
CHAPTER 17, ZONING
THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS
FOLLOWS:
Section 1 Redefine Section 17.08.005 Definitions, General and consolidate Sections
17.08.010 through 17.08.405 into Section 17.08.010 listing all definition in
alphabetical order (Exhibit 1).
Section 2 Redefine Sections 17.16.040 Height Restrictions and 17.16.050 Area, Width
and Yard Requirements (Exhibit 2).
Section 3 Redefine Sections 17.20.040 Height Restrictions and 17.20.050 Density, Lot
Area, Lot Dimensions, Building Height, Lot Coverage, and Yard
Requirements, and elimination of Section 17.20.060 Special Standards and
Distances Between Buildings, and elimination of Section 17.20.070 Lot
Coverage (Exhibit 3).
Section 4 Modification of Section 17.65.040 Land Use — TOD District, Section
17.65.050 Zoning Regulations — TOD District (Exhibit 4).
Section 5 Modification of Section 17.65.060 Land Use — TOD Corridor, Section
17.65.070 Zoning Regulations — TOD Corridor (Exhibit 5).
Section 6 Modification of Section 17.68.020 Size of the Planned Unit Development
(Exhibit 6).
Passed by the city Council and signed by me in authentication of its passage the day of
2006.
f
_ Mayor Hank Williams
City Recorder
Approved by me this Z day of -12006.
Mayor Hank Williams
EXHIBIT 1
Deleted: bce runs(
1 ] 08.005 Gcncmily.f
Chapter 17.08
P
PattoC0 Aborting[
fi 1208"015 AcccssQ
DEFINITIONS
17.08.020 Accessory structure or use
17.09.025 Adiaccm.F
17.08.030 Adjrining.$
17.08.410 TOD district and corridor definitions and uses.
1708.035 Advertising stractureA,
1208.040 Agricullurc.¶
117.08 045 Allcy.b
,17.08005 Definitions, Genera,1ofthejluiio�<of'hlssectio'1-IIIcdv(tloonsand
1708050Atncadntent.T
�
I UICS (1 CollII I ll Ct ion Yet 1(1111 Shd 1 P1RV It C.Xcep. %% R 1 t lc. t oItIC•%1 c Ie<lI Il Ct1Iil1'eS
17.08.055 Animal hospital or cliuic t
1708.057 Antcnna.�
OI'1U1 1Se: _V' 11ds IISCd of dc1 'cid It' one (Cilse oI 101 `it G)1, I I ;Cit do otticl tcll`ieS lied
17.08.060 Aparlrncntl
GCI'IAIl lC I011pS. (C)��Uf<IS ti7C linli)II Shell 1 licludc lite piu tI lind% I&ill1hu
1208.062 Applicanl.R
f 17.08.065 Automobile, track, boat, or
1*1111 Shllllinclude the i �llial (3I lie l list linC,,en ICI Shlfll li ildc 1� o icnomll"fold 1
mobile home sales laL¶
-' - -
tt1C tell litiitC i2ell c1'SihlII McIilde III@Ill 21 SC it 1111 C.1 (t he %lo!d ltl 11' IS In ll Il dalolA
17.08.070 Automobile service station1,
1708075 ansemenLQ
AA(ll cl illtn is porri11 SSI 2 (())1lie ROid poi.,on' IIICIIIdCS Ildi%IdU tII'll �,
l 17.08,080 BillboardA
' - i
U)T�)01 tt1)l� 2SS(rlI 11 UIi _, OlAs1s IC1C1d t U1Cl CIIV ColtltA.�SL11 s fC II C� C(t cmille 1
1708.085 clock.$,
17.08.090 Boarding end morning house,¶
(tl 1lt CIictilc.t"O di% cion ilicieot. (7) 1h Rcoi C{ "i iii Shfli_i I1lC L :flv' ��Ih O(( Cil( dl
; i 17.08.1006r iklPng.t
-- .. - -
Ilolll (K) i hS c1cHd Council Shall 1r1C'til tie CII% (ttlocil of the O l% o { eill a1 POm'
17.08.105 Building mca.Q
17,08.110I3nilding height$,
(9) 1110 %told;' dl billing C011l rt ISS1617 Shall 1Imm the Irk"'._ 1.e C6
r 17.08.115 auffer.Q
0I CC t tdl Mot. ( 10) 1A Ile C tel 111 not defi'wd tileA shall hanI tt ell O d1 g[ �1:.-
t s
11708.120 Cciacdine.Q
17.08.125 Church[
dcce"led llle hill S v1.Iloil the Context ll lth %W hich 111 A llC ll5ed in i 1 4 C 7 mCi A4 Ch5lel 5
17.08.130 City,$
Ninth New, MIC lmtiono l)CfIc ntvA CU11I 2 vht i`iS6 11211 IN (OI Si(let 2Cr a, io IdIIL
� �
17.08.135 City council.y
i 1708.140Cliuiaf
oldlil IliA dCCCptcd Illclll,ilcc,
j 17.08.142 Common open space,¶
` -
17 08.145 Cardonunmm.¶
17.08.150 ContiguousU
-
01t�.1'i111ilOR tiv`d 177 th c t11:)I I_
__ _� % I. _ le 1t1iIOAl"Ill C,fi'Ih sheh
08.155 Convalescent h unc.
175'
117.08160 Dm
Its, care conr.$,
h %e file h C I1 lEc. lit` {4t7
08.165 DisMc
{
17.08.170 Drive-in busincsscs.f
Abutting. "Abutting" means adjoining with a common boundary line except where two
17.08.175 Dwelling group.$,1708180 Dwelling, multi-fsrl.
or more lots adjoin only at a single point, such as a corner. (Ord. 1436 §2 (part), 1981).
17.08.185 Dweoing, single -family:$,
17.08.190 Dwelling, two-family.$,
17.08,195 Dwelling aril$
Access. "Access" means the way or means by which pedestrians and vehicles enter and
17.08.200 rarnily.y
leave property. (Ord. 1436 §2 (part), 1981).
17,08,205 Farrar usc.$,17.08.208 Fence.n
17,08.209 Fence, sight obscuring,Q
Accessory Structure or Use. "Accessory structure" or "accessory use" means a structure
17 08.215 Floor arca $,
1708.220 Floor area ratio (F AR',-,Ill
or use that is incidental and subordinate to the main structure or use of the property and
Deleted: l>
located on the same lot as the main structure or use.( Ord. 1436 2
1981 § (part), ).
,
Formatted: Front: Bold..
formatted: Fant: Bold
Adjacent. "Adjacent" means near, close; for example, a commercial business on an , Formatted: four. Bola
adjacent lot or across the street from a residence shall be considered "adjacent." (Ord.
1436 §2 (part), 1981).=.= Font: Bold, Font
-.
Formatted: Font: Sold
Adjoining. "Adjoining" means the same as "abutting." (Ord. 1436 §2 (part), 1981). Deleted: 17.08.010
Advertising Structure. "Advertising structure" means any notice or advertisement, Deleted: 17.08,015
pictorial or otherwise, and any structure used as, or for the support of, any such notice or Deleted: 17.08.020
advertisement, for the purpose of promoting the sale of or public awareness of any goods, Deleted: 17.08.025
Deleted: 17.08.030
: Deleted: 17.08.0%
Page 1 of 42
services, or activities that are not located on the same lot as the advertising structure.
(Ord. 1436 §2 (part), 1981).
,Agriculture. "Agriculture" means the use of land for agricultural purposes, including
farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries, and animal
and poultry husbandry, and accessory uses commonly associated with such uses. (Ord.
1436 §2 (part), 1981).Alley. "Alley" means a street which affords only secondary access
to property. (Ord. 1436 §2 (part), 1980.Amendment. "Amendment" means a change in
the wording, context or substance of an official ordinance or other publication, including
related maps, illustrations, concepts, or plans. (Ord. 1436 §2 (pall), 1981).
Animal Hospital or Clinic. "Animal hospital' or "animal clinic"means 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. (Ord. 1436 §2 (part), 1981).
Antenna. A device, dish or array used to transmit or receive signals for
telecommunication purposes. (Ord. 1823 §3, 2001).
Deleted: 17.68.040
Deleted: 1708057 —,
Apartment. "Apartment" means a dwelling unit within a multiple family building. Deleted; 17.08.060
Commonly a rented unit. (Ord. 1436 §2 (part), 1980.Applicant. "Applicant" means the Deleted:
owner or contact purchaser, or the person duly authorized in writing by such person or Deleted:17.08.062
persons to act as agent to seek the applicable land use decision approval, and in
connection therewith, to bind the owner or contract purchaser to any conditions imposed
upon such approval. (Ord. 1684 §15, 1993).
Automobile, Truck, Boat, or Mobile Home Sales Lot. "Automobile, truck, boat, or
mobile home sales lot" means 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. (Ord. 1436 §2 (part), 1981).
Automobile Service Station. "Automobile service station" means 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. (Ord. 1436 §2
(part), 1981).
,Basement. "Basement" means a space wholly or partly under -ground, and having more
than one-half of its height, measured from its floor to its ceiling, below the average
adjoining finished grade. (Ord. 1436 §2 (part), 1981).
Billboard. 'Billboard" means the same as "advertising structure." (Ord. 1436 §2 (part),
1981).
Block. 'Block" means an area completely bounded by streets, or a combination of streets,
major rights-of-way, waterways, city boundary, or other major physical features. (Ord.
1436 §2 (part), 1981).Ooarding and Rooming Houses. 'Boarding and rooming houses"
Page 2 of 42
Deleted: 17.08.065
Deleted: 17.08.070
Deleted: 17.08.075
Deleted: 17.08.080
Deleted: 17.08.085
Deleted: T
Deleted: 17.08.090
means 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. (Ord. 1436 §2
(part), 1981).
Building. 'Building' means 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
or property of any kind. (Ord. 1436 §2 (part), 1981).
Building Area. 'Building area" means 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.
(Ord. 1436 §2 (part), 1981).
,Building Height. 'Building
height shall iicuntile ei tica!
lsta cv faun file nu l lc
c nntlet - ound cnc,l the front.
\\all of the building, to the
hr ah l point of the mof sat face
for flat roof:: to the deck line
`or m llsa d 1Uofs, and to the
0\ cle hei,;10 OCtCh'i'n cal.',
and i, v fol and
1leis1ilj.1stralionsL,(Ord.1436
§2 (part), 1981),Buffer.
"Buffer" means a land area or a
physical barrier such as a wall,
hedge, fence, waterway, 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. (Ord.
1436 §2 (part), 1981).
Centerline. "Centerline" means
the linear
lllp ROOF
"We I.—
EM V:aa
GABI.B ROOF
GAMBRGLROOR
End M— sedewew
Building Height Illustrations
centerline of a right-of-way, as established by the city. (Ord. 1436 §2 (part), 1981).
Church. "Church" means a permanently located building wholly or partly used for the
purpose of religious worship. (Ord. 1436 §2 (part), 1981).
Page 3 of 42
Deleted: 17.08.100 -
Deleted: 17.08.105
Deleted: 17.08.110
Deleted: image at bottom of page
�Deleted:_� ... -
Deleted: means the vesical danensmn
of a building as measured from the
j finished grade of the lot to the highest j
point of the building. Where a building is
located on sloping tomain, the height may
be ma.snrcd front the average building
line elevation.
Deleted: r
17.08.115
Deleted: 17.08.120 --- --
Deleted: 17.08.125 - --
City. "City," as used in this title, means the city of Central Point, Oregon. (Ord. 1436 §2
Deleted: 17.08.170
(part), 1981).
City Council. "City council," as used in this title, means the city council of the city of
Deleted: 17.08.135
Central Point, Oregon. (Ord. 1436 §2 (part), 1981).
Clinic. "Clinic" means a place for group medical services not involving overnight
Deleted: 17.08.140
housing of patients. (Ord. 1436 §2 (part), 1981).
Common Open Space. "Common open space" means an area within a planned unit
Deleted; 17.08.142
development designed and intended for the use or enjoyment of all residents of the
development or for the use and enjoyment of the general public. (Ord. 1615 §61, 1989).
Condominium (,pie. "Condominium t wt" uncal , a pal of the III op'lIv conni�011 L, of n
Deleted; 17.08.145
h,ii di of one of molC mollis occu9N Iu-, one or rol c I4a0„ of a bui ding, of 2 part or
harts d1clCof it end"d foram Irjrc of a dencndcnl <m lmhfi, the ho,trdaue� of tt-hlch
alc dNSCI Ihed pl istlafo Il 0RS 9 7 (179( Ld and "d. nil diicci ^AIf 1. I(, If publi4 tiQcdi or to If
Deleted: moans an estate in real
C 3rmnttn HICa of al as lc8kiilf"o If pjlflhi suect�(Ord. 1436 §2 (part), 1981).
-
property consisting of an undivided
'.. Interest in common In a parcel of real
property together with a separate interest
Contiguous. "Contiguous" means the same as "abutting" and "adjoining." (Ord. 12436
in al'o`e in a residemial, industrial or
§2 (part), 1981).
co nmcrcial building. such as an
a .Ar re.1, office or store.
Deleted: 17.08.150
Convalescent Home. "Convalescent home" means a group quarters type facility for
Deleted: 17.08.15.5
either short or long term individual care, medical treatment, rehabilitation or recuperation
from disability or illness. (Ord. 1436 §2 (part), 1981).
,Day Care Center. 'Day care center" means any type of regularly operated group day
Deleted: 17.08.160
care programs, including nurseries for children or 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. (Ord. 1436 §2 (part), 1981).
,District. 'District" means a portion of the total area within the boundaries of the city of
Deleted! 37.08.165
Central Point within which specific sections of the ordinance codified in this title apply.
For example, the R-1, residential single -family district. (Ord. 1436 §2 (part), 1981).
Drive-In Businesses. "Drive-in businesses" means all automobile service stations,
Deleted: 17.08.170
businesses which dispense gas and oil as an ancillary 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. (Ord. 1436 §2 (part), 1981).
,Dwelling Group. "Dwelling group" means a group of two or more detached buildings
Deleted:17.08.175
used for residential dwelling purposes, located on a parcel of land in one ownership and
Formatted: Font: sold
having any yard or court in common. (Ord. 1436 §2 (part), 1981).
t Formatted: Font: sold
Page 4 of 42
Dwelling, Multi -Family. "Multi -family dwelling" means a building containing three or Deleted: 11.09.180
more residential dwelling units. (Ord. 1436 §2 (part), 1981).
Dwelling, Single -Family. "Single-family dwelling" means a detached building Deleted: 17.08.185
containing a single residential dwelling unit, not including manufactured homes or
mobile homes. (Ord. 1684 § 16, 1993; Ord. 1436 §2 (part), 1981).
,Dwelling, Two -Family. "Two-family dwelling' means a detached building containing Deleted: 17.08.190
two residential dwelling units. (Ord. 1436 §2 (part), 1981)Dwelling Unit. 'Dwelling " Deleted: t
unit' means one or more rooms designed for occupancy by one family and having no Deleted: 17.09195
more than one cooking facility. (Ord. 1436 §2 (part), 1981).
Family. "Family" means an individual; or two or more persons related by blood, Deleted: 17.08.200
marriage, legal adoption or guardianship; or a group of not more than five unrelated
persons living together in a dwelling unit. (Ord. 1719 § 1, 1995; Ord. 1436 §2 (part),
1981).
,Farm Use. "Farm use' means the use of land for the purpose of obtaining a profit from Deleted: 17.09.205
the production and sale of agricultural products, animals or animal products, including
accessory uses. (Ord. 1436 §2 (part), 1981).
Fence. "Fence' means a structure serving as an enclosure, barrier, or boundary, including Deleted: 17.08.209
free-standing walls, hedges and screen plantings. (Ord. 1684 § 17, 1993).
Fence, Sight Obscuring. "Sight obscuring fence" means a fence constructed in such a Deleted: 17.09.210
manner or of such materials as to obstruct vision. (Ord. 1436 §2 (part), 1981).
Floor Area. "Floor area' means the sum in square feet of all floor areas on each floor of Deleted: 17.08.215
a building, contained within the exterior walls of all buildings on a specific lot. (Ord.
1684 §18, 1993; Ord. 1436 §2 (part), 1981).
Floor Area Ratio (F.A.R.). "Floor area ratio' means a mathematical ratio determined by Deleted: 17.08.220
dividing the total floor area of a building or buildings by the area of the lot on which it
(or they) is located. (Ord. 1436 §2 (part), 1981)Frontage. "Frontage' means that portion Deleted: s
of a lot which abuts a dedicated street or highway. (Ord. 1436 §2 (part), 1981). Deleted: 17.08.225
Garage. "Garage' means a fully enclosed detached accessory building or portion of a Deleted: 17.08.230
main building, designed for the shelter or storage of an automobile. (Ord. 1436 §2 (part),
1981).
,Grade. "Grade' means the average elevation of the finished ground at the centers of all Deleted: 17.08.235
walls of a building, except that if a wall is parallel to and within five feet of a sidewalk,
the sidewalk elevation opposite the center of the wall shall constitute the ground
elevation or "grade." (Ord. 1436 §2 (part), 1981).
Page 5 of 42
Guesthouse. "Guesthouse' means an accessory building designed and used for the Deleted: 17.08.240
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.
(Ord. 1436 §2 (part), 1981).
Jiedge. "Hedge' means a series of plants, shrubs or other landscape material, so placed as Deleted: 17.08.245
to act as a buffer or to form a physical barrier or enclosure. (Ord. 1436 §2 (part),
1981),Home Occupation. "Home occupation' means any occupation conducted within a ; Deleted: t
residential dwelling unit by a member or members of the family residing in that unit, Deleted: 17.08.250
provided such occupation is clearly incidental and secondary to the primary residential
use of that dwelling and is in accordance with Section 17.60.190. (Ord. 1684 § 19, 1993;
Ord. 1436 §2 (part), 1981).
junkyard. "Junkyard" means a place where waste, discarded or salvaged materials are Deleted! 17.08.255
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. (Ord. 1436 §2 (part), 1981).
Kennel. "Kennel' means any premises where five or more dogs, cats, or other small Deleted: 17.08.260
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.
(Ord. 1436 §2 (part), 1981).
Landscaping. "Landscaping' means any combination of permanently maintained live Deleted: 17,0s 266
trees, lawn, shrubs, or other plant materials, including inorganic accessory materials
utilized to accent or complement the vegetation. Fountains, ponds, sculpture, lampposts,
fences, and other functional or decorative features may be integral components of a
landscape plan. (Ord. 1436 §2 (part), 1981).
Lot. "Lot" means a parcel of land lawfully created as such in accordance with the
subdivision laws or ordinances in effect at the time of its creation. (Ord. 1436 §2 (part),
1981).
Lot Area. "Lot area" means the total area within the boundary lines of a lot, exclusive of
any street or alley rights-of-way. (Ord. 1436 §2 (part), 1981).
Lot, Corner. "Corner lot" means a lot situated at the intersection of two or more streets,
which have an interior angle of intersection of not more than one hundred thirty-five
degrees. (Ord. 1436 §2 (part), 1981).
Lot Coverage. "Lot coverage" means the percentage of the lot area, exclusive of rights-
of-way, that is covered by structures or buildings, including accessory buildings. (Ord.
1436 §2 (part), 1981).
Page 6 of 42
Deleted: 17.08.270
Deleted: 17.08.275
Deleted: 17.08.280
Deleted: 17.08.285
�ot 3cpt t. ,_hc ho1lxn1ta' dicwncc l+,h c1 the h ont .,nd 1oal ,nnp r(1 I1 c,, o' It iot
i11e<<wcdalnr fImI'III k1 a\ CCH Ihc,ideIll ol,eli� Iine�.
,Lot Line, Front. "Front lot line" means 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 fi-ont lot line shall be the line located
along the longer of the two block faces. (Ord. 1436 §2 (part), 1981).
,Lot Line, Rear. 'Rear lot line" means a lot line not abutting a street, which is opposite
and most distant from the front lot line. (Ord. 1436 §2 (part), 1981).
Lot Line, Side. "Side lot line" means any lot line not meeting the definitions of a "front"
or "rear" lot line. (Ord. 1436 §2 (part), 1981).
Deleted: 17.08.290.......
Deleted: 17.08.295
Deleted: 17.08.300 _
FormNew
atted: Fon[: Times New
N
§,ot 4� ldth Ih, tp:l1 lldicul t1 h:�ecl of the lnt enfh me:l5u anent. Roman, 12 pt
,Maintain. "Maintain' means to cause or allow to continue in existence. When the Deleted:17.08.305
context indicates, the word means "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." (Ord, 1436 §2
(part), 1981).
,Manufactured Home. "Manufactured home" means a structure constructed for Deleted: 17,0E 310
movement on the public highways that has sleeping, cooking and plumbing facilities, that
is intended for human occupancy, that is being used for residential purposes and that was
constructed in accordance with federal manufactured housing construction and safety
standards and regulations in effect at the time of construction. (Ord. 1684 §20, 1993; Ord.
1436 §2 (part), 1981).
,Mobile Home. "Mobile home" means 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. (Ord. 1436 §2 (part), 1981),Mobile Home Park. "Mobile home
park" means any lot on which two or more mobile homes are located and being used for
residential purposes, other than as a guesthouse, 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. (Ord. 1436 §2 (part), 1981).
It -I €2tYi�ie-Famile 1;Fu itipicz of A�artinenr Iilaclhn<�,. 't4r � 111c f h_�,h r1,11n111��, pr
apar nein dcrei,lm,-, :1 .fns utachcd ck1 CI ill ,, ullit� n, i s c qt 1110( st uct uc, .,1,1 h<� m<_,
rt least th:ac 0i :7o1c d�t_cl : t_1,1Its p ctitictlm: . _._ _ __
,Nonconforming Structure or Use. "Nonconforming structure" or "nonconforming use"
means a structure, building, or use that was lawfully constructed or established, but which
no longer conforms to the regulations or requirements of this chapter. (Ord. 1436 §2
(part), 1981).
Page 7 of 42
Deleted: 17.09.315
Deleted:
Deleted: 17.08.320
Deleted:. 17.08.325
Outdoor Advertising. "Outdoor advertising" means any signing, lettering, or use of Deleted: 17.08.3317
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. (Ord. 1436 §2 (part), 1981).
Outdoor Advertising Structure. "Outdoor advertising structure" means any structure Deleted: 17.08.335
erected and maintained for outdoor advertising purposes, including billboards, off -
premises signs, and similar structures. (Ord. 1436 §2 (part) 1981).
Padlot. "Padlot" means a smaller -than -standard -sized lot, created within a padlot Deleted: 17.08.336
development, and subject to the requirements of Section 17,60.2 10 of this title. (Ord.
1726 §1, 1995).
Padlot Development. "Padlot development" means the subdivision of a standard -sized Deleted: 17.08.337
parent lot into smaller -than -standard -sized padlots, together with a common area, if
designed to include a common area, as defined and regulated in this title. (Ord. 1731 § 1,
1995; Ord. 1726 §2, 1995).
Pets. 'Pets" means those animals, fowl, insects, or fish which are normally and Deleted: 17.08.340
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. (Ord. 1436 §2 (part), 1981).
Planned Unit Development (PUD). 'Planned unit development (PUD)" means the Deleted: 17.08.342
development of an area of land as a whole for a number of dwelling 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 require open space to the regulations otherwise required by this
title. (Ord. 1615 §62, 1989).
Planning Commission. "Planning commission," as used in thistitle, means the planning Deleted:17.08.345
commission of the city of Central Point, Oregon. (Ord. 1436 §2 (part), 1981).
Plot Plan. 'Plot plan' means a scale drawing of a lot and the adjacent and surrounding Deleted: 17.08.350
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." (Ord. 1436 §2 (part), 1981).
Professional Office. 'Professional office" means offices which deal primarily with Deleted: 17.08.355
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. (Ord.
1436 §2 (part), 1981),iecreational Vehicle. 'Recreational vehicle" means a motor Deleted: 4
home, travel trailer, tent trailer, or other vehicle, with or without motive power, which is Deleted: 17.08.360
Page 8 of 42
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. (Ord. 1436 §2 (part), 1981).
;Residential Facility. 'Residential facility" shall have the same meaning given that term
in ORS 197.1660(1). (Ord. 1684 §21, 1993).
Residential Home. 'Residential home" shall have the same meaning given that term in
ORS 197.660 (2). (Ord. 1684 §22, 1993).
Shopping Center. "Shopping center" means a group of commercial establishments
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. (Ord. 1436 §2 (part), 1981).
Sign. "Sign" means 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 sign shall be considered a sign. (Ord. 1436 §2 (part), 1981).
Street. "Street" means the entire width between the right -o£ --way lines of every way for
vehicular and pedestrian traffic and includes the terms road, highway, lane, place,
avenue, alley, and other similar designations. (Ord. 1436 §2 (part), 1981).
Deleted: 17.08.362
Deleted: 17.06.363 -
Deleted: 17.08.365
Deleted: 17.08370 .
Deleted: 17.06.375
9u"Je t bmih Det9Ched DN. Cllint,, Sly k iInlik d IIchcd UcIhRu Pt ms dcfalchcd - Formatted: Ford: Times New
dv�elhnwutsthat do not ll3NC oofc\\ill,o:;loo: incomlli �iiha.oflw d%%eiiine Roman, 12pt
units andat", io: lttd on indn ideal tax Tots. -
Structure. "Structure" means anything constructed or built which requires location on Deleted:17.08.380
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, driveways, and similar improvements.
(Ord. 1436 §2 (part), 1981).
Temporary Structure. A structure utilized on a short term, seasonal or intermittent use.
Deleted: 17.08 382
Temporary structures in residentially zoned districts may remain as long as needed, `
;, Formatted: Font: sold
provided such structures meet the criteria listed in Section I -I.Wi.0130. Temporary
Formatted: Fonr. sold
structures located within other districts may remain for a duration of one month per
Deleted: defined by Section
calendar year unless approved for a longer period by the city administrator. (Ord. 1818
J
§1 (part), 2001).
,Use. "Use" means the purpose for which land or a_structure is designed, arranged, or
Deleted: 17.08.385
intended, or for which it is occupied or maintained. (Ord. 1436 §2 (part), 198 1)
Page 9 of 42
Yard. "Yard" means an open space on a lot which is unobstructed, except for fences, Deleted: 17.08,390
from the ground upward, except as provided in Section 17.60.100. (Ord. 1684 §23, 1993;
Ord. 1436 §2 (part), 1981).
Yard, Front. "Front yard" means an open, unoccupied and unobstructed space, except Deleted: 17.08.395
for fences, extending the full width of the lot between the lnulnmmruncd front>ard Deleted: n la ng
set hack and the front lot line_(see illustration bcloy). (Ord. 1684 §24, 1993; Ord. 1436
§2 (part), 1981).
Yard, Rear. 'Rear yard" means an open, unoccupied and unobstructed space, except for Deleted: 17.0x.400
_1
fences, extending the full width of the lot between them ininxnn required rear card, set ; Deleted: midmng
back and the rear lot line (see illusnTa[ion below. (Ord. 1648 §25, 1993; Ord. 1436 §2
(part), 1981).
SIRLET RIGHT-OF-WAY STRELI RIMMO =WAY
FRONT YARD I 1 IROM LARD
INTERIOR LOT
CORNER LOT
Yard, Side Corner Lot. "Side vard corner lot" means an 0001. unoccu0icd and
unobstructedIce e= xcent for fences. extending from the front varca to the rear lot line
b0tu°cen the minimum side yard setback and the ncaiest side lot Iine sce illustration
above_ — ...
Yard, Side interior Lot. "Side yard, interior lot" means an open, unoccupied and Deleted: 17.08.405
unobstructed space, except for fences, extending from the front yard to the rear yard
between,[he minimum side vard set back and the nearest side lot line_(see illustration Deleted: abia"g
above). (Ord. 1648 §26, 1992; Ord. 1436 §2 (part), 1981).
Page 10 of 42
EXHIBIT 2
Chapter 17.16
R -L, RESIDENTIAL LOW-DENSITY 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.
17.16.010 Purpose.
The purpose of the R -L district is to provide for a semi -rural residential environment along the
periphery of the urban growth boundary which will act as an effective transitional area or buffer
between urban and rural land uses and also provide for a development alternative in areas having
unusual characteristics that make them less suitable for higher -density residential development.
(Ord. 1529 §1 (part), 1984; Ord. 1436 §2(part), 1981).
17.16.020 Permitted uses.
The following uses and their accessory uses are permitted in the R -L district:
A.Single-family dwelling;
B.Single-family manufactured home, as defined in Section 17.08.310, and subject to the following
conditions:
I. The manufactured home shall be multi -sectional and enclose a space of not less than one
thousand square feet.
2. The manufactured home shall be placed on an excavated and back-filled foundation and
enclosed at the perimeter such that the manufactured home is located not more than twelve
inches above grade.
3. The manufactured home shall have a pitched roof, with a minimum slope of three feet in
height for each twelve feet in width.
4. The manufactured home shall have exterior siding and roofing which in color, material and
appearance is similar to the exterior siding and roofing material commonly used on
residential dwellings within Central Point or which is comparable to the predominant
materials used on surrounding dwellings as determined by the city.
5. The manufactured home shall be certified by the manufacturer to have an exterior thermal
envelope meeting performance standards which reduce levels equivalent to the performance
Page I l of 42
standards required of single-family dwellings constructed under the state building code as
defined in ORS 455.010.
6. The manufactured home shall have a garage or carport constructed of like material. The city
may require an attached or detached garage in lieu of a carport where such is consistent with
the predominant construction of dwellings in the immediately surrounding area.
7. In addition to the foregoing, a manufactured home and the lot upon which it is sited shall
comply with any and all development standards, architectural requirements and minimum
size requirements with which conventional single-family residential dwellings on the same
lot would be required to comply.
C. Accessory uses are permitted as follows:
1. Guesthouse, not rented or otherwise conducted as a business;
2. Greenhouse for domestic noncommercial gardening;
3. Personal hobby or work shop;
4. Garage and other storage buildings for personal, noncommercial use.
D. Residential homes.
E. Residential facilities, as that term is defined in Oregon Revised Statutes 197.660(1); provided,
however, the city may require an applicant proposing to site a residential facility to supply the city
with a copy of the entire application and supporting documentation for state licensing of the facility,
except for information which is exempt from public disclosure under ORS 192.496 to 192.530. (Ord
1684 §28, 1993; Ord. 1529 §](part), 1984; Ord. 1436 §2(part), 1981).
17.16.030Conditional uses.
The following uses and their accessory uses are permitted in the R -L district when authorized in
accordance with Chapter 17.76:
A. Rest, nursing and convalescent homes;
B. Cemeteries, mausoleums, columbariums, crematoriums;
C. Churches and similar religious institutions;
D. Public and parochial schools;
E. Public and governmental uses including parks and recreational facilities, fire stations, museums,
but not including storage or repair yards, warehouses or similar uses;
F. The keeping of small animals other than pets as defined in Chapter 17.08
Page 12 of 42
O. Planned unit developments subject to provisions of Chapter 17.68;
H. The temporary placement of mobile homes on single lots for the purpose of providing full-time
care for the infirm, subject to the provisions of Section 17.60.055. (Ord. 1684 §29, 1993; Ord. 1615
§6, 1989; Ord. 1551 §1, 1985; Ord. 1529 §](part), 1984; Ord. 1436 §2(part), 1981).
17.16.040 MEW Reeulations. No building or structure shall exceed a maximum height of,Jhirty- ,Deleted: t.xndmv halrswks
five feetjn the R -L district. (Ord. 1529 §1 (part), 1984; Ord. 1436 §2 (part), 1981). Deleted: or
t
Deleted: whichccer is the Icsscr. is
!. allowed '
17.16.050 Area, Width and Yard Requirements. The following lot requirements shall be
observed in the R -L district:
A. Lot Area. The lot area shall be a minimum of fifteen thousand square feet.
B. Lot Width. The lot width shall be a minimum of seventy-five feet.
C. Front Yard. The front yard shall be a minimum of twenty feet.
D. Side Yard. Side yards shall be a minimum of ten feet; provided, however, that side yards
abutting a street or a proposed or planned future street shall also be subject to the
following:
1) Sight distance and clear vision area requirements set forth in the Public Works
Standards;
2) Special setback rules set forth in Section 17.60.090; and
3) For structures or a part of any structure served by a driveway located on the side
yard, the minimum side yard setback, for that part of the structure serving the
driveway, such as a garage or carport, shall be twenty feet.
E. Rear Yard. The rear yard shall be a minimum offftcen feet. Deleted: taa
F. Notwithstanding the yard requirements of subsections C, D and E of this Section, no
dwelling shall be closer than seventy-five feet (including rights-of-way) to land zoned
exclusive farm use by Jackson County. (Ord. 1738 §1, 1996; Ord. 1723 §1, 1995; Ord.
1615 §22, 1989; Ord. 1529 §1 (part), 1984; Ord. 1436 §2 (part), 1981).
17.16.060 Lot coveraee.
The maximum permitted aggregate building coverage shall be thirty percent of the total lot area in
the R -L district. (Ord. 1529 § I(part), 1984; Ord. 1436 §2(part), 198 1)
Page 13 of 42
EXHIBIT 3
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.
(Ord. 1436 §2(part), 1981).
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;
E. Developer's project and sales offices, including mobile homes and trailers adapted to that
purpose, during construction of the project only;
F. Planned unit development;
Page 14 of 42
G. Residential homes;
H. Single-family manufactured home, as defined in Section 17.08.310, and subject to the following
conditions:
1. The manufactured home shall be multi -sectional and enclose a space of not less than one
thousand square feet.
2. The manufactured home shall be placed on an excavated and back-filled foundation and
enclosed at the perimeter such that the manufactured home is located not more than twelve
inches above grade.
3. The manufactured home shall have a pitched roof, with a minimum slope of three feet in
height for each twelve feet in width.
4. The manufactured home shall have exterior siding and roofing which in color, material and
appearance is similar to the exterior siding and roofing material commonly used on
residential dwellings within Central Point or which is comparable to the predominant
materials used on surrounding dwellings as determined by the city.
5. The manufactured home shall be certified by the manufacturer to have an exterior thermal
envelope meeting performance standards which reduce levels equivalent to the performance
standards required of single-family dwellings constructed under the state building code as
defined in ORS 455.010.
6. The manufactured home shall have a garage or carport constructed of like material. The city
may require an attached or detached garage in lieu of a carport where such is consistent with
the predominant construction of dwellings in the immediately surrounding area.
7. In addition to the foregoing, a manufactured home and the lot upon which it is sited shall
comply with any and all development standards, architectural requirements and minimum
size requirements with which conventional single-family residential dwellings on the same
lot would be required to comply;
I. Residential facilities, as that term is defined in Oregon Revised Statutes 197.660(1); provided,
however, the city may require an applicant proposing to site a residential facility to supply the city
with a copy of the entire application and supporting documentation for state licensing of the facility,
except for information which is exempt from public disclosure under ORS 192.496 to 192.530. (Ord.
1684 §30, 1993; Ord. 1615 §29, 1989; Ord. 1436 §2(part), 1981).
Page 15 of 42
Section 17.020.040 Height Regulations. A maximum height of$hirty-five feet, is allowed in an R -I
district.
Section 17.20.050 1) mtP Lot Area, Lot Width, Dimension, [Building Height. Lot Coverage,
and Yard Requirements. The dors Sy and lot requirements of the R -I zoning district are governed
by the subcategories of the R-1-6, R-1-8, and R-1-10 districts as delineated on the official zoning
map of Central Point The dcn,it%_lot area, lot dinlensigns, building height, lot coaeia,;e_and yard
requirements of these subcategories shall be in accordance with the following table:
t
sita
,NIsin -
I7Depth
d (al-sl,Acr--Vi
0 ( ��its ACieMini
1
Area (interior)
N,000 8000
10,000
Maxit Area (interior)
2(1oo i' 000Mini
Area (corner)
7,000 8,000
10,000MaxitArea(comer)
A;3Mini
Width (interior)
�O feet 1 q) feet
60 feetMini
Width (corner)
60 feet 60 feet
70 feetMini
Depth
Minimum Front Yard J
Minimum Side Yard (interior)
N/A N/A
20 feet 20 feet
5 feet i 5 feet
N/A
20 feet
5 feel
Minimum Side Yard (street side)
10 feet 10 feetz
10 feet
Minimum Rear Yard
_
1 15 feet I15 feet
15 feet
Maximum Building Height
i 35 feet 35 feet j
----
35 feet
?v4 asinnim Lot Covciatne _�
k 0% 0`
X,6 ...---�
40%----
` Side yard setback shall be increased by an additional '/ fool for each additional foot of buildim-,
hem-,lltabObe I-5feet,,
2 Side yards abutting streets shall comply with the following:
1. Sight distance and clear vision area requirements set forth in the public works standards;
2. Special set back rules set forth in Section 17.60.090; and
3. For structures or a part of any structure served by a driveway located on the side yard, the
minimum side yard set back, for that part of the structure serving the driveway, such as a
garage or carport, shall be twenty feet.
(Ord. 1738 §2, 1996; Ord. 1723 §2, 1995; Ord. 1684 §32, 1993; Ord. 1615 §23, 1989; Ord. 1436
§2(part), 1981).
Page 16 of 42
_
Deleted: two and one4wlCstoncs.a
Deleted: , whichever is (lie lesser,
Deleted: Lot Depth
Deleted: width, ]mile
ph
Farrnatted Table
Deleted: 6.000
Deleted: no
Deleted: 60
Deleted: 40
Deleted: 40%
Deleted, five feet for each additional
story or partial story adjacent to the
particular side yard boundary
'Deleted: 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 feet.
—„
(( Deleted: (Ord 1436 §2(parn, 1981).
i Deleted. 17.20.070 Lot Coverage
i The maximum permitted aggregate
I coverage shall be forty percent ofthe
j total area.
Deleted (Ord 1436§2(paro 1981) )
— J
SECTION 4
Chapter 17.65
TOD DISTRICTS AND CORRIDORS
Sections:
17.65.010 Purpose.
17.65.020 Area of application.
17.65.030 Conflict with other regulations.
17.65.040 Land use--TOD district.
17.65.050 Zoning regulations--TOD district.
17.65.060 Land use--TOD corridor.
17.65.070 Zoning regulations--TOD corridor.
17.65.010 Purpose.
The purpose of the Central Point transit oriented development (TOD) district is to
promote efficient and sustainable land development and the increased use of transit as
required by the Oregon Transportation Planning Rule. (Ord. 1815 § I (part), Exh. B (part),
2000).
17.65.020 Area of application.
These regulations apply to the Central Point TOD district and corridor. The boundaries of
these two areas are shown on the official city comprehensive plan and zoning maps.
A. A development application within the TOD district shall comply with the
requirements of this chapter.
B. At the discretion of the applicant, a development application within the TOD corridor
shall be subject to:
1. The normal base zone requirements as identified on the official zoning map and
contained in this code; or
2. The TOD corridor requirements contained in this chapter. (Ord. 1815 § I (part),
Exh. B (part), 2000).
17.65.030 Conflict with other reeulations.
When there is a conflict between the provisions of this chapter and other requirements of
this title, the provisions of this chapter shall govern. (Ord. 1815 § 1 (part), Exh. B (part),
2000).
Page 17 of 42
17.65.040 Land Use — TOD District. Four special zone district categories are applied in
the Central Point TOD corridor. The characteristics of these zoning districts are
summarized in subsections A through D of this section.
A. Residential (TOD).
1. LMR --Low Mix Residential. This is the lowest density residential zone in the
district. Single-family detached residences are intended to be the primary
housing type, however attached single-family, and lower density multifamily
housing types are also allowed and encouraged.
2. MMR --Medium Mix Residential. This medium density residential zone
focuses on higher density forms of residential living. The range of housing
types includes higher density single-family and a variety of multifamily
residences. Low impact commercial activities may also be allowed.
3. HMR --High Mix Residential/Commercial. This is the highest density
residential zone intended to be near the center of the TOD district. High
density forms of multifamily housing are encouraged along with
complementary ground floor commercial uses. Low impact commercial
activities may also be allowed. Low density residential uses are not permitted.
B. Employment (TOD)
EC — Employment Commercial. Retail, service, and office uses are primarily
intended for this district. Activities which are oriented and complementary to
pedestrian travel and transit are encouraged. De%cuohmcnt is c\j,Wcd ro
4I11110rl J'C&Si;'I ll 'iCCCSti 2;1(j itdFlSit LItiC. Automobile -oriented activities are
generally not included in the list of permitted uses. Residential uses above
ground floor commercial uses are also consistent with the purpose of this zone.
2. GC — General Commercial. Commercial and industrial uses are primarily
intended for this district. Q tl� Itl�'� v,, I�h ;.c i}{i���ted ancf crn iulm, nlal tg
i�cuc" I i u<�cel .uc� tun cit aicncoyt I ��u Kc��ci���tlal ns�., II �z a tr„u id
Jooi_eolmt ctci<, t t {Ic aI o ct I sistcn. w Ith the Tau x)I e (11 J1 Rohe.
C. C --Civic (TOD). Civic uses such as government offices, schools, and community
centers are the primary uses intended in this district. These uses can play an important
role in the vitality of the TOD district.
D. OS --Open Space (TOD). Because the density of development will generally be higher
than other areas in the region, providing open space and recreation opportunities for the
residents and employees in the TOD district becomes very important. This zone is
Page 18 of 42
Deleted: Because of the more mo,.n
nam, fthe htrsinesres allowed, mined
residcmiai uses are not permitted
intended to provide a variety of outdoor and recreation amenities. (Ord. 1815 § I (part),
Exh. B(part), 2000).
17.65.050 Zoning Regulations — TOD District
A. Permitted Uses. Permitted uses in Table 1 are shown with a "P." These uses are
allowed if they comply with the applicable provisions of this title. They are subject to the
same application and review process as other permitted uses identified in this title.
B. Limited Uses. Limited uses in Table 1 are shown with an "L." These uses are allowed
if they comply with the specific limitations described in this chapter and the applicable
provisions of this title. They are subject to the same application and review process as
other permitted uses identified in this title.
C. Conditional Uses. Conditional uses in Table I are shown with a "C." These uses are
allowed if they comply with the applicable provisions of this title. They are subject to the
same application and review process as other conditional uses identified in this title.
D. Density. The allowable residential density and employment building floor area are
specified in Table 2.
E. Dimensional Standards. The dimensional standards for lot size, lot dimensions,
building setbacks, and building height are specified in Table 2.
F. Development Standards.
1. Housing Mix. The required housing mix for the TOD district is shown in
Table 2.
2. Accessory Units. Accessory units are allowed as indicated in Table 1.
Accessory units shall meet the following standards:
a. A maximum of one accessory unit is permitted per lot;
b. The primary residence and/or the accessory unit on the lot must be
owner -occupied;
c. An accessory unit shall have a maximum floor area of eight hundred
square feet;
d. The applicable zoning standards in Table 2 shall be satisfied.
TABLE 1
TOD District Land Uses
Page 19 of 42
Use Categories
Zoning
District
I
LMR
MMR
HMR
EC
GC
C
OS
i
t
I Dwelling, Single -
Family Large &
P
L5
N
j N
N
N
N
Standard Lot
i
toLot Line,
P
P
N
N
N
N
N
Detached
Attached Row
P
P
P
i C
N
N
N
Houses
Dwelling, Multi-
�
Family
--j
-
itl p
P
P
P
Ll
I
N-
N-
A artment
Accessory Units___
PI
P1
PI
C
N
N
N
Boarding/Rooming
House
N
C
C
N
N
N
N
Famd� Care
(
I
Family Day Care
PP
P
N
N
N
N
Day Care Group
Home
--
C
C
P
N
-
N i
N
N
Adult Day Care
C
C_
C
N
-
N
N
-
N
Home Oecupat on
--
P
P
P
P
N�
N
N
' Residential Facility
- --
P
P-
P-1-
N
N--
N
N
Residential
tResidential Home
__
P
P
P
N
N
_.
N
N
Senior Housing
-- --
N
-
P
P
L I
N
C
N
e
Entertainment
N
N
C
P
P
NN
—
Professional Office
C
-
L3
-
L3, L4
-
a P
-
P
--
P
-
N
Retail Sales &
Service
Sales= oriented
C
L3
L3
P
P
N
N
_ _
Personal Service-
oriented
C
C
C
P
P
-
N
N
��e air -oriented_
N
N
N
P_-
_
P
N
N
Drive -Through
Facilities
N
N
N
—
P
P
N
N
Quick Vehicle
N
N
N
P
P
N
N
Service
Vehicle Sales,
Rental and Repair
NN
-
-
N
P
-
P
N
N
Tourist',
Page 20 of 42
N —Not Permitted
P — Permitted Use
P 1 — Permitted Use, I unit per lot
C — Conditional Use
L 1 —Only permitted as residential units above ground floor commercial
L2 — School athletic and play fields only. School building and parking lots are not
permitted
L3 — Ground floor business within a multifamily building. Maximum floor area of ten
thousand square feet per tenant.
L4 — Only permitted as a transition between adjacent lower density zone and/or when
adjacent to environmentally sensitive area
L5 — Only permitted as a transition between lower density zones and/or when adjacent to
an environmentally sensitive area.
3. Parking Standards. The off-street parking and loading requirements in Chapter
shall apply to the TOD district and TOD corridor, except as modified by the standards in
this section.
a. Fifty percent of all residential off-street parking areas shall be covered.
Accessory unit parking spaces are not required to be covered.
Page 21 of 42
b. Parking standards may be reduced when transit service is provided in the'l'OD
district and TOD corridor and meets the following conditions:
i. Parking standards may be reduced up to twenty-five percent when
transit service is provided in the TOD district and TOD corridor.
ii. Parking standards may be reduced up to fifty percent when transit
service is provided in the TOD district and TOD corridor and when bus
service includes fifteen minute headways during the hours of seven to nine
a.m. and four to six p.m.
c. Bicycle parking standards shall not be reduced at any time.
d. Shared parking easements or agreements with adjacent property owners are
encouraged to satisfy a portion of the parking requirements for a particular use
where compatibility is shown. Parking requirements may be reduced by the city
when reciprocal agreements of shared parking are recorded by adjacent users.
Page 22 of 42
�''
�''
'g,
�__:
��
w
a
..,
N
V
ai
m
a
i
15
y
I
i
I I
id
I
i
m
E m
I
._al
N � d
v\i
00 O G.
I.`,iC "''✓;<-.poo
a`
:e
E•�
�E',`°,i
`v N'E�m�5v>a�
X y
Y U
0, -s
E am
mipplo
Q
iv
I
�
m
M Q m.'O E
-NI
N
I
i
I
.m. °'
Q
d a
I
E a, o, � b Q. � `.y° ,o a•a
SO.Y
c, it mi o7
A
J
c �
aFyv>Ft7Z �c:� `o cG
E Imo'
•L-9
I
Table 3
TOD District and Corridor Parking
Standards
Use Categories
Minimum Required Parking
Residential
Dwelling, Single -Family
2 spaces per unit.
Large and standard lot
0 lot line, detached
Attached row houses
Dwelling, Multifamily
1.5 spaces per unit.
Plexes
Apartments and condominiums
Dwelling, Accessory Unit
1 space per unit.
Boarding/Rooming House
1 space per accommodation, plus I space
for every 2 employees.
Family Care
1 space for every 5 children or clients
Family day care
(minimum I space); plus 1 space for
Day care group home
every 2 employees.
Adult day care
Home Occupation
Shall meet the parking requirement for
the residence.
Residential Facility
I space per unit.
Residential Home
1 space per unit.
Senior Housing
I space per unit.
Commercial
Entertainment
1 space per 250 square feet of floor area,
except for theaters which shall provide I
space per 4 seats.
Professional Office
I space per 400 square feet of floor area.
Retail Sales & Service
Sales -oriented
1 space per 500 square feet of floor area.
Personal service-oriented
1 space per 500 square feet of floor area.
Repair -oriented
1 space per 500 square feet of floor area.
Drive-through facilities
Parking as required by the primary use.
Quick vehicle service
1 space per 750 square feet of floor area.
Vehicle sales, rental and repair
1 space per 1.000 square feet of floor
area.
Tourist Accommodations
1 space per guest unit, plus l space for
Motenotel
every 2 employees.
Bed and breakfast inn
Page 25 of 42
Industrial
Manufacturing
1 space per employee of the largest shin.
Industrial Service
Light
Heavy
1 space per employee of the largest shift.
Wholesale Sales
t space per employee of the largest shift.
Civic
Community Services
Number to be determined as part of site
plan or conditional use review.
Hospital
1 space per 500 square feet of floor area.
Public Facilities
Number to be determined as part of site
plan or conditional use review.
Religious Assembly
I space per 100 square feet of floor area
for the main assembly area.
Schools
2 spaces per classroom.
Utilities
Number to be determined as part of site
Plan or conditional use review.
Open Space
Parks and Open Space
Number to be determined as part of site
plan or conditional use review.
(Ord. 1815 §1(part), Exh. B(part), 2000).
Page 26 of 42
SECTION 5
Chapter 17.65
TOD DISTRICTS AND CORRIDORS
17.65.060 Land Use—TOD Corridor. Four special zone district categories are applied in the
Central Point TOD corridor. The characteristics of these zoning districts are summarized in
subsections A through D of this section.
A. Residential (TOD)
1. LMR --Low Mix Residential. This is the lowest density residential zone in the district. Single-
family detached residences are intended to be the primary housing type, however attached
single-family, and lower density multifamily housing types are also allowed and encouraged.
The housing types within this zone are intended to support pedestrian -friendly access beyond
five hundred feet of the primary transit route.
2. MMR --Medium Mix Residential. This medium density residential zone focuses on higher
density forms of residential living. The range of housing types includes higher density single-
family and a variety of multifamily residences and is intended to support pedestrian -friendly
access within five hundred feet of the primary transit route. Low impact commercial
activities may also be allowed.
B. Employment (TOD)
1. EC — Employment Commercial. Retail, service, and office uses are primarily intended for
this district. Activities which are oriented and complementary to pedestrian travel and transit
are encouraged. Ucs;is cxpcctcd o support hcdau all .ccess s ui hall"o 11'c,
Automobile -oriented activities are generally not included in the list of permitted uses.
Residential uses above ground floor commercial uses are also consistent with the purpose of
this zone.
2. GC — General Commercial. Commercial and industrial uses are primarily intended for this
district. A,a['% tis. v Eich tic or emcd and con"fle 13)cIIU34 to P Ocslt iao_a a., e] and Imil,it arc
enc, uiaaed. It sidolflal uses dh'n eiow;d tl(wl co; imcra.t u�ca ire also .r m, stent mith
Me put posc of thi. irnc'
17.65.70 Toning Regulations — TOD Corridor.
A. Permitted Uses. Permitted uses in Table 4 are shown with a "P". These uses are allowed if they
comply with the applicable provisions of this title. They are subject to the same application and
review process as other permitted uses identified in this title.
B. Limited Uses. Limited uses in Table 4 are shown with an "L". These uses are allowed if they
comply with the specific limitations described in this chapter and the applicable provisions of this
title. They are subject to the same application and review process as other permitted uses identified
in this title.
Page 27 of 42
Deleted: Because of the more Intense
nature ofthe businesses allowed mixed
residential uses arc not permitted.
Formatted: Font. Bold
C. Conditional Uses. Conditional uses in Table 4 are shown with a "C". These uses are allowed if
they comply with the applicable provisions of this title. They are subject to the same application and
review process as other permitted uses identified in this title.
D. Density. The allowable residential density and employment building floor area are specified in
Table 5.
E. Dimensional Standards. The dimensional standards for lot size, lot dimensions, building
setbacks, and building height are specified in Table 5.
F. Development Standards
1. Housing Mix. The required housing mix for the TOD zoning districts is shown in Table 5.
2. Accessory Units. Accessory units are allowed as indicated in Table 4. Accessory units shall
meet the following standards:
a. A maximum of one accessory unit is permitted per lot.
b. The primary residence and/or the accessory unit on the lot must be
owner -occupied.
c. An accessory unit shall have a maximum floor area of eight hundred
square feet.
d. The applicable zoning standards in Table; shall be satisfied. Deleted:4
Page 28 of 42
Formatted Table
Deleted: LI
—_
Formatted Table
Deleted:N _... _.`'..
Formatted Table
N — Not Permitted
P — Permitted Use
P 1. —Permitted Use, 1 unit per lot
C — Conditional Use
Ll — Only permitted as residential units above ground floor commercial
L2 — School athletic and play fields only. School building and parking lots are not permitted
L3 — Ground floor business within a multifamily building. Maximum floor area of ten thousand
square feet per tenant.
L4 — Only permitted as a transition between adjacent lower density zone and/or when adjacent to
environmentally sensitive area.
1-5- Onk permitted as a transition bcixN cen adlacent Iowa densitN _zone and/or �� hen adiacent to an
environmentally sensitive area.
Page 29 of 42
Formatted Table
�rmatted Table
Formatted Table
Formatted Table
Formatted Tabie
Formatted Table
Maximum
Lot Line
LM Width
I — – ---
;le -Family
Single -Family
.ine Detached
low Houses
TABLE 5
TOD Corridor Zoning Standards
Zone District_
LMR _ MMR EC GC
mmn-kamdy and Senior Housing
32. ,
. NA
NA
6. _--i
.Pa
.,...
_ ___NA
NA _ ) Deleted: 16
i
r"000 SF
-----3,000
NA
NA I_.
NA
SF
NA
-_ NA
NA
0 ft attached
2,700 SF J
- NA-
NA
2,000 SF
S1
.. NA
NA
_ 2,000 SF ,.,
2,000 SF
(,OOO SF
M
7,500 SFNA
NA
NA .
4 500 SF
NA 3
_Y _�
NA !
NA
3000SF---
3,000 SF
NA!
NA - --1
2,500 SF
1 2,000 SI
NA
NA.._......
_ 2,000 SF
_ 2,000 SF
1,000 SF
NA
NA
_
1
NA
_ J
NA
-- SO ft_
NA
NA
NA
– 30 ft
30 ft�
..... A N ,._
NA i
24 ft
22 ft
NA I
_ ....�
NA
mmn-kamdy and Senior Housing
NA
NA
_
Minimum Lot Depth
50 ft
50 ft
Building Setbacks.____ --__._.._._.__--
housing type
Required Housing Types as Listed Under
Front (min./max.ft/15
ft
10 ft/15 R
_{
5 ft detached
5 ft detached
Side (between bldgs.) (detached/attached)';
0 ft attached
0 ft attached
Corner (min./max.) :
5 ft/10 ft
5 Win ft
Minimum Landscaped Area (i)
prea �V Arca
f7ausin Mix
<16 units in development: I
housing type
Required Housing Types as Listed Under
16-40 units in development:
Residential in Table 3.
2 housing types
> 40 units in development:
3 or more housing types (plus
aaaroved master Wall).
NA —Not applicable
Notes:
0 ft 0 ft
10 ft (b) 15 ft (b)
60 ft
0% of Site Area
NA NA
Page 30 of 42
a) The 5 -foot minimum also applies to the perimeter of the attached unit development.
b) Setback required when adjacent to a residential zone.
c) Setback required is 10 feet minimum between units when using zero lot line
configurations.
d) Ten (10) feet behind building fagade facing street.
e) Garage entrance shall not protrude beyond the face of the building.
f) Net Acre equals the area remaining after deducting environmental lands, exclusive
employment areas, exclusive civic areas, and right-of-way.
g) Lot coverage refers to all impervious surfaces, including buildings and paved surfacing.
h) Parking lot landscaping and screening requirements still apply.
i) Landscaped area shall include living ground cover, shrubs, trees, and decorative
landscaping material such as bark, mulch or gravel. No pavement or other impervious
surfaces are permitted except for pedestrian pathways and seating areas.
3. Parking Standards. Parking standards shall be as specified in Section 17.65.050(F)(3), (Ord.
1815 §1 (part), Exh. B (part), 2000).
Page 31 of 42
SECTION 6
Chapter 17.68
PLANNED UNIT DEVELOPMENT (PUD)
Sections:
17.68.010 Purpose.
17.68.020 Size of the planned unit development site
17.68.030 Application and review.
17.68.040 Criteria to grant or deny a PUD.
17.68.050 Preliminary development plan.
17.68.060 Final development plan.
17 68 070 Control of the PUD during and after completion
17.68.080 Exceptions to zoning and subdivision titles
17 68 090 Accessory uses in a planned unit development
17.68.100 Density bonus.
17.68.110 Common open space.
17.68.120 General conditions.
17.68.130 Residential conditions.
17.68.140 Appeals and permit revocation
17.68.010 Purpose.
The purpose of planned unit development (PUD) is to gain more effective use of open space, realize
advantages of large-scale site planning, mixing of building types or land uses, improved aesthetics
Formatted: Bullets and Numbering
"romaDeletea:
and environmental preservation by allowing a variety of buildings, structures, open spaces,
except mats PUD may on
-, a tract of ofn... c than one acre hot
allowable heights and setbacks of buildings and structures. A PUD should have a harmonious variety
! loss man ave acres ifthc planning
of uses, utilize the economy of shared services and facilities, and reduce municipal costs of operating
commission finds, upon a showing by the
applicant, that a PUD is in the public
and maintaining services while insuring substantial compliance with the district regulations andinterest
because one or more of the
other provisions of this code. (Ord. 1615 §64, 1989).
, following conditions cxisC{
<u>An unusual physical feature of
importance to the people of the area or
the community as a whole exists on the
site, which can be consmod and still
A. 17.68.020 Size of the Planned Unit Development Site. A PUD shall be on a tract of
]caw the landowner equivalent use of the
land five acres or larger,i
land by me use of planned unit
= development;p
<N>Thc property or its neighborhood has
historical character or distinctive features
that are important tome community and
17.68.030 Ayolieation and review.
that could be protected or enhanced
through use of a PUD;T
<A>The property is adjacent to or in the
A. Applications and review of PUDs shall conform to the provisions of Chapter 1.24 of this code
immediate vicinity ofa planned unit
and all applicable laws of the state. The application shall be accompanied by a filing fee as set by
development of similar design as thatproposed and developments would
city council. In the event the city incurs expenses in processing the which exceed the
complement each other without
proposal
amount of the filing fee, payment to the city of expenses in excess of the filing fee shall be a
significant adverse impact on surrounding
areas;[
condition of final acceptance of the PUD by the city.
The property is of irregular shape, with
limited access, or has unusual dimensions
or characteristics which would she
conventional development unreasonably
difficult and expensive. (Ord. 1615 §65,
Page 32 of 42
B. For any use which is permitted or conditional in another zoning district, the PUD application
may include an application for a zoning amendment, as provided in Chapter 17.88 of this code, or
the PUD approval may include a condition to allow the use.
C. Where use is made of the PUD process, no building permits shall be issued until the planning
commission has approved the PUD as provided in this chapter.
D. An applicant may confer prior to application for a PUD with city staff in a pre -application
conference.
E. The commission shall act upon the application within ninety days from the date of accepting the
completed application, excluding such time as may be necessary to complete any amendments
initiated by the applicant. In taking action, the commission may deny a PUD, may grant a PUD as
submitted, or may grant a PUD subject to conditions as provided in this chapter. Any PUD
authorized shall be subject to all conditions imposed and shall be excepted from other provisions of
this title only to the extent specified in the PUD approval. (Ord. 1615 §66, 1989).
17.68.040 Criteria to grant or denv a PUD.
A PUD shall be permitted, altered or denied in accordance with the standards and procedures 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
structure shall conform with the requirements for PUD use. To approve or deny a PUD, the planning
commission shall find whether or not the standards of this chapter, including the following criteria
are either met, can be met by observance of conditions, or are not applicable.
A. That the development of a harmonious, integrated plan justifies exceptions to the normal
requirements of this title;
B. The proposal will be consistent with the comprehensive plan, the objectives of the zoning
ordinance and other applicable policies of the city;
C. The location, size, design and operating characteristics of the PUD will have minimal adverse
impact on the livability, value or appropriate development of the surrounding area;
D. That the proponents of the PUD have demonstrated that they are financially able to carry out the
proposed project, that they intend to start construction within six months of the final approval of the
project and any necessary district changes, and intend to complete said construction within a
reasonable time as determined by the commission;
E. That traffic congestion will not likely be created by the proposed development or will be obviated
by demonstrable provisions in the plan for proper entrances, exits, internal traffic circulation and
parking;
Page 33 of 42
F. That commercial development in a PUD is needed at the proposed location to provide adequate
commercial facilities of the type proposed;
G. That proposed industrial development will be efficient and well -organized with adequate
provisions for railroad and truck access and necessary storage;
R The PUD preserves natural features such as streams and shorelines, wooded cover and rough
terrain, if these are present;
1. The PUD will be compatible with the surrounding area;
J. The PUD will reduce need for public facilities and services relative to other permitted uses for the
land. (Ord. 1615 §67, 1989).
17.68.050 Preliminary development plan.
A preliminary development plan shall contain a written statement and maps and other information on
the area surrounding the proposed development to show the relationship of the planned unit
development to adjacent uses, both existing and proposed. The plan shall include the following:
A. A map to scale showing street systems, lot or partition lines and other allocations of land for
management or use;
B. Measurements of areas proposed to be conveyed, dedicated or reserved for public streets, parks,
parkways, parking, pedestrian ways, playgrounds, school sites, public buildings and similar public
and semipublic uses;
CA plot plan to scale for each building site and common open space area, showing the approximate
location of buildings, structures, landscaping and other improvements 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 start date of construction,
2. The stages in which the project will be built and the approximate start date of each stage,
3. The anticipated rate of development,
4. The approximate completion dates for each stage,
5. The area, location and degree of development of common open space that will be provided at
each stage;
Page 34 of 42
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 either separately or contained on the figures contained in
subsections A through D of this section:
1. An off-street parking and loading plan,
2. A circulation diagram indicating proposed movement 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 pattern shall be shown,
3. A landscaping and tree plan,
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. Other pertinent information shall be included as the planning commission finds necessary to
determine any appropriate and desirable requirements that may differ from those ordinarily
applicable under this title. (Ord. 1615 §68, 1989).
17.68.060 Final development Dlan.
A.Within six months following the approval of the preliminary development plan, the applicant shall
file a final development plan with the city, containing in final form the information required in the
preliminary plan. The same shall be reviewed by the planning commission and decided by the city
council as set forth in Section 1.24.020 of this code. The council may, in its discretion and for a good
cause, extend for six months the period for the filing of the final development plan.
B.The permit for a PUD shall expire and become void one year from the date on which it was issued
unless an application for extension is filed and approved by the planning commission. The one year
shall commence with approval of the final development plats.
C.Within thirty days after the granting of a permit from a PUD the permit application file number
shall be indicated on the zone map on the lot or lots affected by such permit.
D.The final development plan shall continue to control the planned unit development after it is
finished. (Ord. 1631 §2, 1990; Ord. 1615 §69, 1989).
17.68.070 Control of the PUD during and after completion.
Page 35 of 42
If the city council finds evidence of a major deviation from the preliminary or final development
plan, it shall advise the applicant to submit an application to the planning commission for
amendment to the planned unit development. An amendment shall be considered in the same manner
as an original application.
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 issued, the use of the land and the construction,
modification 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 issued, no change of the approved final development
plan shall be made without an amendment to the plan except as follows:
1. Minor modifications of existing buildings or structures may be authorized by the planning
staff if they are consistent with the purposes and intent of the final plan and do not increase
the cubic footage of a building or structure;
2. A building or structure that is totally or substantially destroyed may be reconstructed without
approval of an amended planned unit development if the reconstruction complies with the
purpose and intent of the final development plan.
D. Amendments to a completed planned unit development may be approved, if appropriate due to
changes in conditions 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 PUD shall be considered as a waiver of the
covenants limiting the use of the land, buildings, structures and improvements within the area of the
PUD. All rights to enforce these covenants against any change permitted by this section are
expressly reserved. (Ord. 1631 §3, 1990; Ord. 1615 §70, 1989).
17.68.080 Exceptions to zoning and subdivision titles.
The planning commission may allow exceptions within a PUD for dimensions, site coverage, yard
spaces, structure heights, distances between structures, street widths or off-street parking and loading
facilities differing from the specific standards for the zoning district in which the PUD is located.
Exceptions shall be based upon the applicant's demonstration that the objectives of the zoning and
subdivision titles of this code will be achieved.
A. When the spacing between main buildings is less than the spacing which would be required
between buildings developed under this chapter on separate parcels outside a PUD, other design
Page 36 of 42
features shall provide light, ventilation and other characteristics equivalent to that obtained from the
spacing standards.
B. Buildings, off-street parking and loading facilities, open space, landscaping and screening shall
conform to the specific standards of the zoning district within fifty feet of the boundary lines of the
development.
C. The planning commission may approve building heights greater than those authorized by the
zoning district. The applicant shall demonstrate that:
1. The subject building(s) will not be within one hundred feet of abutting residential property;
2. The increase in height will reduce the prices of dwelling units offered for sale or rent; and
3. That additional natural open space will be preserved or additional common recreational areas
will be provided.
D. The building coverage for any PUD shall not exceed that which is permitted for other
construction in the zone.
E. When a PUD design would require exceptions to the regulations of the subdivision title, the
planning commission may grant those conditions as part of the PUD. Tentative approval of the
preliminary development plan of a PUD shall also constitute tentative approval of a tentative plan
under Chapter 16.10 if the materials are presented in the manner prescribed by subdivision title.
(Ord. 1684 §62, 1993; Ord. 1615 §71, 1989).
17.68.090 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 structures which the planning commission finds are designed to serve primarily
the residents of the PUD and are compatible with the design of the planned unit development. (Ord.
1615 §72, 1989).
Page 37 of 42
17.68.100 Density bonus.
A. Within a PUD, the planning commission may authorize an increase in total number of dwelling
units of up to five percent above the number of units (rounded up to the next full dwelling unit)
otherwise authorized by the density requirements of the zoning district. For an increase of dwelling
units to be permitted the planning commission shall find that the development will contain
distinctive qualities or overall excellence in the areas of the site planning, architectural design,
landscaping, solar orientation and recreational opportunities, which will provide a superior living
environment and enhance the general area or neighborhood.
B. For purposes of this section, residential base densities to which the allowable percentage
adjustments may be applied are:
Zoning District Maximum Density of PUD Gross
Acre
R -L Residential low density 2.0 dwelling units
per acre
R-1-6 Residential single-family 6.0 dwelling units
per acre
R-1-8 Residential single-family 5.0 dwelling units
per acre
R-1-10 Residential single-family 4.0 dwelling units
per acre
R-2 Residential two-family 12.0 dwelling
units per acre
R-3 Residential multiple -family under medium
density plan designation 12.0 dwelling
units per acre
R-3 Residential multiple -family under high
density plan designation 25.0 dwelling
units per acre
* Before five percent density bonuses, if applicable.
(Ord. 1615 §73, 1989).
17.68.110 Common open space.
Page 38 of 42
A. Open areas may be accepted as common open space within a planned unit development if these
requirements are met:
1. The location, shape, size and character of the common open space is suitable for the planned
development;
2. The common open space is appropriate to the scale and character of the planned unit
development, considering the PUD's size, density, expected population, topography and the
number and type of dwellings provided;
3. Common open space will be improved for its intended use, although common open space
containing natural features worthy of preservation may be left unimproved. The buildings,
structures and improvements in the common open space shall be appropriate to the uses
proposed for the common open space;
4. The development schedule 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 provides a bond or other adequate assurance that 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 planning commission discretion:
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 restrictions 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 continued for the purpose of maintaining the
common open space. Common open space not conveyed to a public agency shall be in
addition to and not in lieu of the land dedication or fee required in Chapter 15.20.
C. Common open space may only be put to uses specified in the final development plan. No change
of use allowed by amendment may be considered as a waiver of any of the covenants limiting the
use of common open space areas. All rights to enforce these covenants against any use permitted are
expressly reserved.
D. If common open space is not conveyed to a public agency, the covenants governing the use,
improvement and maintenance of common open space shall authorize the city to enforce their
provisions. (Ord. 1615 §74, 1989).
Page 39 of 42
17.68.120 General conditions
In permitting a new PUD, the planning commission may impose, in addition to those standards and
requirements expressly specified by this chapter, conditions which it finds necessary to avoid a
detrimental environmental impact and to otherwise protect the best interest of the surrounding area
or the community as a whole. Those conditions may include, but are not limited to, the following:
A. Limiting the manner in which a use is conducted, including restricting the time certain activities
may take place and restrictions to mitigate 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 building or other structure;
D. Designating the size, number, location and nature of vehicle access points;
E. Increasing the amount of street dedication, roadway width or improvements within the street
right-of-way;
F. Designating size, location, screening, drainage surfacing or other improvements of parking or
truck -loading areas;
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 designating standards for its installation and maintenance;
J. Designating fence heights, locations and materials;
K. Protecting existing trees, vegetation, water resources, wildlife habitat or another significant
natural resource. (Ord. 1615 §75, 1989).
17.68.130 Residential conditions.
Planned residential developments may have the following conditions attached:
A. Prior to the issuance of the certificate of occupancy, recreational facilities shall be installed as
may be required by the planning commission;
Page 40 of 42
B. Pedestrian movement upon the site shall be encouraged and separated from vehicular traffic
through a comprehensive system of paved pathways;
C. Development for residential and accessory uses shall be at a specified maximum density;
D. Off-street parking shall be provided at the ratio specified in Section 17.64.040 and for visitor
parking, one space per four units; and for recreational vehicle storage, one space per seven units.
Vehicles shall park only in designated areas or stalls. There shall be no parking within turnaround
areas or main driveways. Visitors' parking shall be clearly identified and maintained;
E. Boats, trailers, campers and similar recreational vehicles may be stored in designated areas only.
The permanency, security and visual screening of a recreational vehicle storage area shall be assured
by the construction of permanent walls not less than seven feet in height;
F. "Tot lots" shall be provided in addition to adult recreational facilities for the year-round use of
children residing on the site. The planning commission shall specify the number of tot lots required
and the type of construction for play equipment;
G. If units in the project are rented, 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. If units are sold individually (condominiums), a homeowners' association shall be established for
the purpose of permanently maintaining all of the subject property, including common areas and
individual units, buildings and structures, and a homeowners' association agreement guaranteeing
such a 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;
1. 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. The system should
include bicycle access to all dwelling units, and such facilities should connect to the city's bicycle
system plan. Bicycle racks shall be provided for residents and visitors and other features that may be
required. (Ord. 1615 §76, 1989).
17.68.140 Appeals and permit revocation.
A. The decision of the planning commission may be appealed to the city council in the manner
prescribed in Chapter 1.24.
B. The commission, on its own motion, at a public hearing advertised in conformance with the
requirements of Chapter 1.24, may revoke in whole or in part any permit for the planned unit
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development based upon findings of noncompliance with the conditions set forth in granting said
permit. (Ord. 1615 §77, 1989).
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