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HomeMy WebLinkAboutOrdinance 1786ORDINANCE NO. 1~8L AN ORDINANCE ADOPTING A PLANNING APPLICATION FEE SCHEDULE AND AMENDING VARIOUS CPMC CODE SECTIONS REGARDING PLANNING DEPARTMENT FEES THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. The "City of Central Point Planning Application Fee Schedule" attached hereto and by this reference incorporated herein is hereby adopted and shall be in effect starting July 1, 1998, for all Planning Department applications listed thereon. The fee schedule may be amended from time to time by the City Council by resolution. Section 2. Central Point Municipal Code Section 1.20.040 is hereby amended to read as follows: 1.20.040 Annexation Proposal Fee. Each proposal for annexation shall be accompanied by a fee defined in the City's adopted Planning Application Fee Schedule a` '-~•^ '~••~~'~-^'' ''^" ~r^. In the event the city is required to incur expenses in processing the proposed annexation, including the cost of payroll, materials and services incurred therein, which expenses shall exceed the adopted fee ^ ^~ '""^ t"""~""'~ ''^" „-^ payment to the city of such expenses in excess of the adopted fee r ^` '-^^ ''•'^''r^'' ~^'.~ shall be a condition of final acceptance of such annexation by the city. Section 3. Central Point Municipal Code Section 12.28.020 is hereby amended to read as follows: 12.28.020 Fees and Costs. Such requests for street or alley vacations shall be accompanied by an application fee defined in the City's adopted Planning Application Fee Schedule e -~ r.... _________ _.____, __._ _______ In addition to the fee, the city administrator shall maintain a record of all costs incurred by the city in processing such application, including actual personnel costs, materials, costs of verifying petitions, attorney's fees, recording costs, publication costs and any other costs reasonably related to such application, and shall require prior to final council action on the application, payment in full by the applicant of such costs to the extent that they exceed the application fee. 1 - ORDINANCE NO. (~g/o (060998) Section 4. Central Point Municipal Code Section 16.10.010 is hereby amended to read as follows: 16.10.010 Submission of Application - Filing Fee. The applicant shall submit an application and tentative plan together with improvement plans and other supplementary material as may be required to indicate the development plan and shall submit ten copies to the city together with a filing fee defined in the City's adopted Planning Application Fee Schedule ~ ~'~^ ^ ^` ~: ,.. ~, .. _,a...,,a ,,.., , -. _,., The diagrams submitted shall consist of ten copies at the scale specified in Section 16.10.020 and one copy in an eight-and-one-half-inch by eleven-inch format. Section 5. Central Point Municipal Code Section 16.12.020 is hereby amended to read as follows: 16.12.020 Submission - Fees. At the time of submitting the final plat or partition plat to the city, the applicant shall pay a filing fee defined in the City's adopted Planning Application Fee Schedule of tcn do" , ~ ^+- < ~,. F.... ..F ~.,..r~.,._ Section 6. Central Point Municipal Code Section 16.40.010 is hereby amended to read as follows: 16.40.010 Variances. A. General. A variance to the requirements of this title may be granted, as provided in this chapter, where the strict application of the provisions of this title would result in unnecessary hardship. In granting a variance, the city may impose conditions similar to those provided for conditional uses to protect the best interests of the surrounding property, the neighborhood, or the city as a whole. B. Application and Review. Applications and review of a variance shall conform to the provisions of Chapter 1.24 and all applicable laws of the state. The application shall be accompanied by a fee defined in the City's adopted Planning Application Fee Schedule ^° '-••^ '~••^''--^'' ''^" ~r^ C. Information Required. An application shall be accompanied by a legal description of the property, plans and elevations necessary to show the proposed development. Section 7. Central Point Municipal Code Section 17.56.040 is hereby amended to read as follows: 17.56.040 Procedures for Class A Designation. A. All properties within the city of Central Point that meet the classification criteria listed in Section 17.56.030(A) or (B) shall be identified on a map of the city kept in and maintained by the planning department. 2 - ORDINANCE NO. (1,g~p (060998) B. A request to change the designation of a property or group of properties may be initiated by city staff, the planning commission, the city council, or by a property owner or his representative by the following procedure: 1. A written application shall be filed setting forth the name and address of the applicant, legal description of the property or properties affected, and other information as may be necessary or helpful in decision-making; 2. The applicant shall state in the application the ways in which the property is, or will be, consistent with each of the classification criteria listed in 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 defined in the City's adopted Planning r~ Application Fee Schedule o` `^^ '~••^~'~^^' a^" 5. Because this procedure involves only a minor change in the designation of a nonconforming use and does not involve a variance, conditional use permit, or amendment to the zoning ordinance, comprehensive plan or related maps, public hearings are not required. 6. The planning commission, or city council, upon appeal, may attach conditions, including any time limit, where necessary, to assure that the use or structure does not become contrary to the public health, safety or welfare or the spirit and purpose of this title; 7. Upon approval of a designation change to Class A, such change shall be reflected on the map of nonconforming uses, as described in Section 17.56.040(A). Section 8. Central Point Municipal Code Section 17.60.190 is hereby amended to read as follows: 17.60.190 Home Occupations. A. Purpose and scope. The intention of the home occupation permit for residential zones is to provide for a limited service-oriented business activity which is conducted in such a manner that the residential character of the building and the neighborhood is preserved. B. Permit Transfers. No permit for a home occupation shall be transferred or assigned, nor shall the permit authorize any person other than named therein to commence or carry on the occupation for which the permit was issued. C. Permit Required. The city administrator, or his designate, shall issue a home occupation permit if, and only if, he finds that all of the following criteria are, and will be, met by the individual applicant. The permit may include conditions setting an expiration date, requiring periodic review and renewal, reauiring the applicant to sign an acknowledgment of the conditions, or other conditions specifically dealing with the property use involved, where such conditions are found to be reasonably necessary to maintain the criteria herein mentioned. 3 - ORDINANCE NO. j~_ (060998) 1. The home occupation must be conducted solely within the confines of an accessory structure or the main dwelling and, if within the main dwelling, the home occupation shall not exceed ten percent of the total floor area; 2. Carports shall not be used for the home occupation. A portion of the 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, there shall be no mechanical noise so loud, unusual, or penetrating as to cause discomfort or annoyance to adjacent residents; no such noise shall be perceptible on any adjacent property; 6. The home occupation shall not have utility services other than those required for normal residential use; 7. There shall be no entrance nor exit specifically provided in the dwelling or on the premises for the conduct of the home occupation; 8. The home occupation use shall not generate more than 10 vehicle trips per day, not counting the vehicle trips not associated with the home occupation; 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. D. Fee Required. At the time of application to the city administrator, or his designate, for a home occupation permit, the applicant is required to pay, in addition to an annual business license fee, a fee defined in the City's adopted Planning Application Fee Schedule d^'~s. This application fee is nonrefundable. E. Revocation. The permit may be revoked by the city administrator for violation of any conditions imposed or authorized, or when it has been found that the occupation is being conducted in violation of any state statute or city ordinance in a disorderly manner, to the detriment of the public, or when the occupation is being carried out by a person other than that named on the permit. The city administrator, before revoking a permit, shall give the permittee reasonable notice and an opportunity to be heard. F. Appeal. Any applicant or affected or concerned property owner has the right to appeal the decision of the city administrator or his designate, to the planning commission, in the manner provided by Section 17.60.170 of this code. 4 - ORDINANCE NO. (~ $~ (060998) G. Existing Uses. Persons engaged in home occupations lawfully in existence on residentially-owned premises on the effective date of the amendment codified in this section may continue to thus operate but shall be required to secure a permit hereunder, and any such activity, use, or accessory sign, device or structure, or part thereof, which does not conform to this section shall not be permitted to expand or enlarge and shall be removed or terminated upon (1) change of use or ownership of the premises; or (2) written complaint of adjacent property owners, after due notice and hearing, if the city administrator finds that the interference with the use and enjoyment of the neighboring premises is such as to defeat the purpose of the zoning ordinance. H. Nothing in this section or any other code provision shall be construed to require the issuance of a home occupation permit for a ~~residential home~~ or a ~~residential facility~~, as those terms are defined in Oregon Revised Statutes 197.660. Section 9. Central Point Municipal Code Section 17.72.02.1 is hereby amended to read as follows: 17.72.021 Application and Review. Applications shall be accompanied by a fee defined in the City's adopted Planning Application Fee Schedule o~ ~•~~ ~••~~~~~ a~„ ~--. Such applications and the review thereof shall conform to the provisions of Chapter 1.24 and all applicable laws of the state. Section 10. Central Point Municipal Code Section 17.76.011 is hereby amended to read as follows: 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 defined in the City's adopted Planning Application Fee Schedule ~~ ~ ~ ~••~a ~ ~ ~~- Section 11. Central Point Municipal Code Section 17.80.010 is hereby amended to read as follows: 17.80.010 Variances. A. General. 1. A variance may be granted, as provided in this chapter, e~here the strict application of the provisions of this title would result in unnecessary hardship. 2. 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 impose conditions similar to those provided for conditional uses to protect the best interests of the surrounding property, the neighborhood, or the city as a whole. 5 - ORDINANCE NO. ~~ S6 (060998) B. Application and Rev.ieva. App]..ications and review of a variance shall conform to the provisions of Chapter 1.24 and all applicable laws of the state. The application shall be accompanied by a fee defined in the City's adopted Planning Application Fee Schedule ^F `••~ ''••^.~Y^~ ~'~" ~~~. C. Information Required. An application shall be accompanied by a legal description of the property, plans and elevations necessary to show the proposed development. D. Consideration for Granting Variance. A variance may be granted if findings are made that the following considerations will either result from a granting of the variance or the following considerations do not apply to the requested application: 1. The variance will provide added advantages to the neighborhood or the city, such as beautification or safety; 2. The variance will not have any significant adverse impacts upon the neighborhood; 3. The variance will utilize property within the intent and purpose of the zone district; 4. Circumstances affect the property that generally do not apply to other property in the same zoning district; 5. The conditions for which the variance is requested were not self-imposed through the applicant's own actions, nor the actions of the applicant's agents, employees or family members. Section 12. Central Point Municipal Code Section 17.88.030 is hereby amended to read as follows: 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 defined in the City's adopted Planning Application Fee Schedule ^F }'''-^^ ''••^~'•~^^' ~°•^^'-^-~~° ~'^"a~~ 1n the event the city is required to incur expenses in processing the proposal which shall exceed the adopted fee e~ ?:•m ''•-^'' '-••^~'-~~-~'-•^ ''^" ~~-~ payment to the city of such expenses - --- - ----1 --- -----=' in excess of the adopted fee ^__.. cwt'.=~^ '.•-n''°~'' '~-~c^~~~_F'_^^ --1 a^'~-az-s shall be a condition of final approval of such amendment by the city. Section 13. An emergency is hereby declared to exist, and this ordinance shall take effect immediately upon passage. Passed by the Council and si ned by me in authentication of its passage this ~`~~ day of un. , 1998. i Mayor Rushy McGrath 6 - ORDINANCE N0. Flo (060998) ATTEST: City Representative Approved by me this /Q~da of j,~,~e... 1998. ~~_ -`. Mayor Rusty McGrath 7 - ORDINANCE NO. ~1,glo (060998) CITY OF CENTRAL POINT PLANNING APPLICATION FEE SCHEDULE Type of Action l CPMC Current New Section Fee Fee Annexation 01.20.040 $325 $325 Vacation Request 12.28.020 $325 $325 Tent. Subdivision 16.10.010 $200 $500+$25/lot Minor Land Part. 16.10.010 $200 $255 Final Subdivision 16.12.020 $10/lot $100+$10/lot Class A Designation 17.56.040 $200 $200 Home Occupation 17.60.190 $25 $25 PUD Application 17.68.030 $-0- $325 Site Plan Review (staff) 17.72.021 $200 $10/permit Site Plan Review (P/C) $200 $255 Conditional Use 17.76.011 $100 $325 Ccmp. Plan. Amend. $-0- $650 Variance (P/C) 17.80.010 $200 $200 Variance (staff) 17.80.010 $200 $50 Zone Change 17.88.030 $325 $500 Lot Line Adjustment $-0- $325 Appeals to Council $-0- $100 (or 1/2 original fee, whichever is less)