HomeMy WebLinkAboutPlanning Commission Packet - February 4, 1997t~Qru„~~,~ r ~ 4 °d~ d ~i
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.CITY OF CENTRAL POINT
PLANNING COMMISSION AGENDA
February 4, 1997 - 7:00 p.m.
Next Planning Commission Resolution No. 377
I. MEETING CALLED TO ORDER
II. ROLL CALL
Chuck Piland -Angela. Curtis, Jan Dunlap, Candy. Fish,. Bob Gilkey,. Karolyne Johnson, and
Valerie Rapp
III. CORRESPONDENCE
IV. MINUTES
A. Review and approval of January 21, 1997 Planning Commission Minutes
V. PUBLIC APPEARANCES
VI. BUSINESS
A. Public Hearing -Review and decision regarding a Site Plan Review and Conditional Use
Permit for Moving a Second Dwelling Unit onto an R-2, Residential Two-Family Lot, 436
Laurel St. (37 2W 03DD Tax Lot 4700) (Mark & .Sandra Bryant, .applicants)
B. Public Hearing -Review- and decision regarding a Site Plan Review for Berg's Old-
FashionedBakery, 841 E. Pine St. (37 2W 02CC Tax Lot 4100) (Robert Berg, applicant)
VII: MISCELLANEOUS
VIII. ADJOURNMENT.
Q .~.
CITY OF CENTRAL. POINT
PLANNING COMMISSION
MINUTES
JANUARY 21, 1997
MEETING CALLED TO ORDER AT 7:03 P.M.
II. ROLL CALL: Those present were: Chuck Piland, Angela Curtis, Jan
Dunlap, Candy Fish, Bob' Gilkey, Valerie Rapp. Also present were Jim
Bennett, City Administrator, and Ken Gerschler, Planning Technician.
III. CORRESPONDENCE
There was no correspondence.
IV. MINUTES
Commissioner Rapp made a correction to the minutes. On item IV,' Minutes;
delete the vote by Rapp. She was absent at that meeting.
Commissioner Fish made a motion to approve the December 17, 1997
minutes as corrected. Motion was seconded by Angela Curtis.. ROLL CALL
VOTE: Curtis, yes; Dunlap, yes, Fish, yes, Gilkey, yes, Rapp, abstain.
V. BUSINESS
A, P~iblic bearing Revie~^~ and decision regarding Site Plan Review and
Variance for E~~~^~an of Grater Iron Inc 4T9 N Front St M-1 /M-2
lone (37 2~^! 03DC Tax Lots 2900& 3000 (Conrad Morse.
~.poli an 1.
Jim Bennett reviewed the basis for testimony and the appeal process.
Ken Gerschler, Planning Technician, reviewed the Planning
Department Staff Report.
Chairman Piland noted that a site restrictive fence is required for the
materials stored in zone M-1.
Ken Gerschler noted that rather than build a fence the applicant
stated he would remove the material until it is rezoned M-2.
Conrad Morse, the applicant, 1774 Garden Drive, Medford, came
forward on behalf of the application.
02
PLANNING COMMISSION
MINUTES -JANUARY 21, 1997
Page Two
Chairman Piland closed the public hearing.
Commission Fish made a motion to adopt Resolution 376 to approve
the Variance and Site Plan Review for the expansion of Crater Iron,
Inc., 419 N. Front St. M-1 /M-2 Zone (37 2W 03DC Tax Lots 2900 &
3000) subject to the Staff Report and Conditions. Commissioner
Dunlap seconded the motion. ROLL CALL VOTE: Curtis, yes; Dunlap,
yes; Fish, yes; Gilkey, yes; Rapp, yes.
VII. MISCELLANEOUS
Jim Bennett read a statistical summary bf the New Year's Day Flood of
1997.
Jim also reviewed progress on current projects in Central Point.
VIII. ADJOURNMENT
Commissioner Gilkey made a motion to adjourn. Motion was seconded by
Commissioner Rapp..- Ail said "aye" and meeting adjourned at 8:50 p.m.
d~
PLANNING DEPARTMENT STAFF REPORT
Date of Hearing: February 4, 1997
To: Central Point Planning Commission
From:. James H. Bennett, AICP
Planning Director
Subject: Conditional Use Permit and Site Plan Review for a house being moved to 436
Laurel Street (Tax Lot 372W3DD-4700)
Summary
The applicants, Mark and Sandra Bryant, have requested a Conditional Use Permit and a Site
Plan Review for a building that is to be moved to 436 Laurel Street from Ashland. The project
site is approximately 0.35 acres and is located near the intersection of 4th and Laurel Streets.
The zoning designation of the site is R-2, Residential-Two Family.
A to hority
CPMC 1.24.020. invests the Planning Commission with the authority to render a decision on any
Conditional Use Permit and Site Plan Review application. Notice of the public hearing was
effected in accordance with CPMC 1.24.060.
Annlicable Law:
CPMC 17.24, R-2 Residential Two-Family District
CPMC 17.72, Site Plan, Landscaping and Construction Plan Approval
CPMC 17.76, Conditional Use Permit.
Discussion
CPMC 17.24.030 (E) requires a Conditional Use Permit for dwelling groups composed of single
~.
family and/or duplex dwellings.
The subject tax lot is comprised of two subdivision lots (55 feet by 140 feet each) that have
been consolidated.
Required Finding
The Planning Commission in granting a Conditional Use Pennit shall find as follows:
A. That the site for the proposed use is adequate in size and shape to accommodate the use
and to meet all other development and lot requirements of the subject zoning district and all
other provisions of this code.
B: That the site has adequate access to a public street or highway and that the streetor
highway is adequate in size and condition to effectively accommodate the traffic that is expected
to be generated by the proposed use.
C. That the proposed use will have no significant adverse effect on abutting property or the
permitted use thereof.
D. That any conditions required for approval of the permit are deemed necessary to protect
the public health, safety and general welfare.
Site Plan Standards:
CPMC 17.72.040 sets out the standards-that are to be used as the basis for any decision on a Site
Plan application.
A. Landscaping and fencing must be consistent with the neighborhood and used to screen
activities and uses that may impact existing neighborhood uses. The applicants have submitted a
detailed landscaping plan.
B. Ingress and egress points must be designed and located to maintain and improve traffic
flows on public streets. Access to the site will be from Laurel Street. A 20 foot alley borders the
rear property line.
C. Ofd street parking and interior circulation must be adequate to serve the site and maintain
good pedestrian and vehicle traffic flows. The proposed site plan meets the CPMC minimum
two space parking requirement.
D. The site must be designed to be accessible to fire apparatus and have adequate fire
fighting facilities. Captain Wilson of Jackson County Fire District Number 3 places no
2
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requirements or comments on this project.
E: The project must comply with all applicable city ordinances and regulations and must be
aesthetically acceptable in relation to the neighborhood and the City of Central Point. Staff finds
that the Bryant's project is in compliance with all city ordinances and regulations.
Recommendation:
Staff recommends that the Planning Commission take one of the following actions:
1. Approve the Conditional Use Permit and Site Plan applications for the house to be moved to
436 Laurel Street ,based on the findings and conclusions of law contained in the record and
subject to the recommended conditions of approval; or
2. Deny the proposed Conditional Use Permit and Site Plan applications; or
3. Continue the review of the Conditional Use Permit and Site Plan applications at the discretion
of the Commission.
Exhibits:
A: Applications for Conditional Use Permit and Site Plan Review.
B: Site Plan for the house moving project.
C: Applicant's Justification for Required Findings.
D: Notice of Public Hearing.
E: Recommended Conditions of Approval.
3
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' CONDITIONAL USE APPLICATION
CITY OF CENTRAL POINT PLANNING DEPARTMENT
1-.
JAN 219:;7'
APPLICANT INFORMATION OI~~y 0~.. r;r,:;,;;;1;. fi)iNT
Name: M~}kl< an.! Sa.~d/',c ~.a.<.t" ~°~nr. kr _ _
Address: 436 l.aun21 SY'l~ee't'
City: rP.tFf ( ~o n ~ Olf~on
Telephone: Business: Residence: 664-6r/63
2.
AGENT INFORMATION
Name: SAME
Address:
city:
Telephone: Business: Residence:
City of Central Point
EXHIBIT tf~tt
Planning Department
3. OWNER OF RECORD (Attach Separate Sheet if More Than One)
Name: Mar~K a_N.4 San~'ia. Qt=yaaf
Address: `/36 4aort I S7YeGf-
City: f o-~ - r Do n{J OlCQOO
Telephone: Business: Residence: 664-6463
4. PROJECT DESCRIPTION
Township: 37 Range: tut Section: O3M TaxLot(s1: 4700
Zoning District: 2-~
Total Acreage:
GeneralDescripUonof r~ar~~r nee: CP,Ra tz2V.o3o(G) fe~virgt dwellu9 $re.,ps
ConPate~ •F Sag(a i'a+:..(~CeiidowGeS Yn FCLetve a. !'owoCr'fto~wl i/K Pel',~c7`. -
REQUIRED SUBMITTALS
Vf This Application Form
^ Application Fee (5700.00)
f6' An accurate scale drawing of the site and Improvements proposed (10 copies)
0~ Written Authority from Property Owner if Agent In Application Process
of Reduced copy of drawing of site and proposed improvements i8 % x 11)
^ A statement Indicating the precise manner of compliance with each of the applicable
provisions of Title 17, along with other data which pertains to the findings required for
conditional use permit
6. I HEREBY STATE THE FACTS RELATED IN THE ABOVE APPLICATION AND THE PLANS AND '
DOCUMENTS SUBMITTED HEREWITH ARE TRUE, CORRECT AND ACCURATE TO THE BEST
OF MY KNOWLEDGE.
certify that 1 a~ Property Owner or ^ Authorized Agent otthe Owner of the
proposed protect ske
Signature: `mot Date: ~ ^ z ~ 97
If any wetlands exist on the site, it is the applicant's resptinsibllity to apply for a permit to Division
of State Lends before any site work begins.
UPON FORMALLY ACCEPTING YOUR APPLICATION, THE PLANNING DEPARTMENT WILL MAIL A COPY OF THIS FORM TO
YOU ~ ,.~
t
2.
APPLIC.
AGENT INFORMATION
Name: S/iME
Address:
Criy: Scale: Zip Code:
Telephone: Business: Residence:
3. OWNER OF RECORD (Attach
Name:
Address:
CHy: (~%r ~/ /zr c Y-unr/ Slate: /•-- '-~T
Telephone: Susiness: Residence:
4. PROJECT DESCRIPTION
Type of Devebpment: ~~ '~'~~~us~
Township: ~~Range~_Sedbn
Zoning DlslAct:,-,!~
ProJed Acreage:
Number of Dwelkng Unris: _
Gross FloorArea:
Number of Paddng Spaces:
5. REQUIRED SUBMITTALS
Zlp Cod_
!~
/ /V I v -
- ~~7p7~
NJ This Appkcatbn Form L~App(batbn Fee • • (S2oo )
C+I Ske Plan Drawn to Scale (10 ooptes) ['Legal Descdptbn
C~ Landscape and lMgalbn Plan (9 ooples) ~(/,~' WrfttenAutfarky from Propedy Owner k Agent
f7 Reduced Copies (81/2" x i tq at the Ske In AppQcatbn Process
PWn, Buikting Elevatbns and Landscape Plans
(1 COPY Each)
8. I HEREBY STATE THAT THE FACTS RELATED IN THE ABOVE APPLICAITON ANO THE PLANS AND
DOCUMENTS SUBMITTED HEREWITH ARE TRUE, CORRECT AND ACCURATE TO THE BEST OF MY
KNOWLEDGE.
Icenkythattamlhe~.Property0wner~or ^AulhodzedAgeMOllheOwner
~ •pyle 2-3- 96
the appllcanYs responsl6illty to apply for a permit to ~
Mork beg(ns.
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FROM:
Mark and Sandra Bryant
436 Laurel Street
Central Point, Oregon 97502
TO:
The Central Point Planning Commission
City of Central Point
]ExHIS~T tt;C tr
Planning- Department
As the owners of the house at 436 Laurel Street in Central Point, we submit this statement to
indicate the precise manner of compliance with applicable provisions of the Central Point
Municipal Code.
A. The site that we have selected to position the house is adequate in size and shape. 7700
square feet are available
B. The site has adequate access to Laurel Street.
C. The site is located among other similar residential uses and is to be landscaped as depicted in
the site plan.
D. This project will comply with all applicable requirements.
Mark and Sandra Bryant
~..~.
City of Central Point
PI_AIVNXNG DEPARTMENT
James Bennett
Planning Director
Ken Gerschler
Planning Technician
Meeting Date:
Time:
Place:
NOTICE OF MEETING
Date of Notice: January 2, 1997
Tuesday, February 4th 1997
7:00 p.m. (Approximate)
Central Point City Hall .
155 South Second Street
Central Point, Oregon
City of Central Point.
E~HIL~I'I' ttDtf
Planning Department
NATURE OF MEETING
Beginning at the above place and time, the Central Point Planning Commission will review a Site
Plan application and a Conditional Use Permit application for the placement of a home moved from
Ashland to 436 laurel Street in Central Point. This project is in the R-2 Residential-Two Family
Zone.
The house is approximately 2100 square feet with on-site improvements proposed that include
landscaping, parking and utility connections. The specific site is located on Tax Lot 4700 of Jackson
County Tax Assessor Map Page 372W03DD.
CRITERIA. FOR DECISION
The requirements for approval of Site Plans and Conditional Use Permits are set forth in Chapter 17
of the Central Point Municipal Code, relating to Residential Zoning, Generat Regulations, Off-street
Parking, Site Plan, Landscaping and Construction Plans. The proposed plan is also reviewed in
accordance to the City's Public Works Standards.
PUELIC COMMENTS
Any person interested in commenting on the above-mentioned land use decision may submit
written comments up until the date of the meeting scheduled for Tuesday, February 4th,
1997.
2. Written comments maybe sent in advance of the meeting to Central Point City Hall, 155
South Second Street, Central Point, OR 97502.
155 South Second Street • Central Point, OR 97502 • (541) 664-3321 • Fax: (541) 664-6384
1.2
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clearly to the Planning Cotmission.
4. Copies of all evidence relied upon by the applicant are available for public review at City
Hal(, 155 South Second Street, Central Point, Oregon. Copies of the same are avaitable at
15 cents per page.
5. For additional information, the public may contact the Planning Department at (541) 664-
3321 (ext. 231)
~UMIVIARX OF PROCEDURE
At the meeting, Planning Commission will review the applications, technical staff reports, hear
testimony from the applicant, proponents, and opponents and hear arguments on the application.
Any testimony or written comments must be related to the criteria set forth above. At the
conclusion of the review the Planning Commission may approve or deny the Site Plan Application
and Conditional Use Permit. City regulations provide that the Central Point City Council be
informed about all Planning Commission decisions.
3. Issues which may provide the basis for an appeal on the matters shall be raised prior to the
expiration of the comment period noted above. Any testimony and written comments about
the decisions described above will need to be related to the proposal and should be stated
EXHIBIT f°E"
RECOMMENDED CONDITIONS OF APPROVAL
1. The house being. moved to 436 Laurel Street shall comply with the approved site plan.
2. The site plan. approval shall expire in one year, February 4, 1998 unless a building permit has
been issued and construction has commenced and diligently pursued toward completion.
3. The applicants shall provide a copy of the date and travel route of the proposed'house moving
prior to the issuance of permits.
4. The applicants must obtain all necessary permits to position the house at the new location.
5. The trees and shrubs will be installed within 45 days
6. The project must comply with allapplicable local, state and federal regulations.
1
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PLANNING DEPARTMENT STAFF REPORT
Date of Hearing: February 4, 1997
To: Central Point Planning Commission
From: James H. Bennett, AICP
Planning Director
Subject: Site Plan Review for Berg's Old Fashioned Bakery.
(Tax Lot 372W02CC-4100)
Summary
Robert Berg has requested a review of the site plan for. a retail bakery in the location previously
occupied by Pacific Video. The Project site is approximately 0.23 acres and is located along the
north side of Pine Street, near 9th Street ,The zoning designation of the site is C-4,
Thoroughfare Commercial.
A hori
CPMC 1.24.020 invests the Planning Commission with the authority to render a decision on any
Site Plan Review application. Notice of the publio hearing was effected in accordance with
CPMC 1.24.060.
Discussion:
The applicant Robert Berg would like to convert the 960. square foot building into a retail
bakery. The actual baking of the products would occur at a location in White City and would be
transported to Central Point for sale.
Lois De Benedetti of the Central Point Building Department has determined that the interior
modifications of the existing retail space will not require a building permit.
The current site shares common parking with 3 other businesses and meets the minimum
parking requirement of 15 spaces as addressed in CPMC 17.64. No new landscaping is proposed
at this time.
Mr. Berg proposes to replace the existing business sign with that of his company.
~D
Site Plan Standards:
CPMC 17.72.040 sets out the standards that are to be used as the basis for any decision on a Site
Plan application. The applicant has submitted supporting documentation in support of these
required standards. Staff has reviewed this documentation and concludes that the site plan as
submitted is in compliance with all site plan standards and regulations subject to the
recommended conditions of approval.
Recommendation:
Staff recommends that the Planning Commission take one of the following actions:
1. Approve the Site Plan application for Berg's Old Fashioned Bakery; based on the information
and staff conclusions contained in the record and subject to the recommended conditions of
approval; or
2. Deny the proposed Site Plan application; or
3. Continue the review of the Site Plan application at the discretion of the Commission.
Exhi its:
A: Application for Site Plan Review.
B: Site Plan for Berg's Old Fashioned Bakery.-
C: Notice of Public Hearing.
D: Recommended Conditions of Approval.
2
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- 63~,fi.~~~.1`~lal~i
SITE PLAN REVIEW APPLICATION
CITY OF CENTRAL POINT PLANNINGDEPARTMEN'rJAN 081597•
APPLICANT INFORMATION
crrr o. cr'~.~..... I-o:vT
City: ~e..,tra 1 I~Oin: !- State: ~~ ZlpCode: 9)s0~
Telephone: Business: ~41) N30- I(o00 Residence: ~~ 17 G,~9• N4,41o
Y.~e~.d u.. 54 t) (obV ^4.85 4
AGENT INFORMATION
Name: 5A-n'1 e.
Address:
City: _
Telephone: Buslness:
Resldence:
3. OWNER OF RECORD (Attach Separate Sheet If More Than One)
Name: T7E+nn.Vrs St~er~Jrw Sr~IL~ w- 1N octv,.,r F,
Address:-835 CASs R:~~
City: ~'GJyra l /~o~ ~ l- State: ~' ~ Zip Code: 9750
Telephone: Businessa?9J) C~6y-lo139 ~ Resldence: 77a-3b'37
4. PROJECT DESCRIPTION
TypeolDevetopmenL• RCi-a,("'G'aKeAGocicQs
Township: 37 Range• ~`~ Section: ~?«TaxLot(s): y~OO
Address:_ E?dS E. f~irle St/ecf
Zoning District:- '-~C~ H
'~ ~ProJect Acreage: ~ ~• 23 Ac
Number of Dwelling Units: S- -
Gross Floor Area:96D s Q • -F<. h
Number of Parking Spaces: - ~ a
5. REQUIRED SUBMITTALS
[~' This Application Form Q/~~placation Fee ~ ~ (5280 )
xo HEw ~ Site. Plan Drawnto Scale (10 copies) l~ Legal Desalp8on
PRoPo560 .-~ t~andscape and Igigatbn Plan (8 caples) Cdr WrBten Authority from Property Owner h Agent
J~ Reduced Copies (81/2^ x 11") of the She In Applicaton Process
Plan, Building Elevalbns and Landscape Plans
(1 Copy Each)
8. I HEREBY STATE THAT THE FACTS RELATED IN THE ABOVE APPLICATION AND THE PLANS AND
DOCUMENTS SUBMITTED HEREWITH ARE TRUE, CORRECT AND ACCURATE TO THE BEST OF MY
KNOWLEDGE. ,
i certHy that I am the: ^ Properly Owner or 1~ Aulhodzed Agent of the Owner
of the proposed pro)ect stte.
Signature ~~ ~r ~ ~-~- Date is a 9 -9ra
~ If any wetlands exist on the site, it is the applicant's responsibility to apply for a permit to ~
Division of State Lands before env site work begins.
1f
City of Central Point
EXHi~I'T f' A"
Planning Department
+~_
^ czty of Centrar I'ornt
PLA,NNXNG DEPARTMENT
James Bennett
Planning Director
Ken Gerschler
Planning Technician
NOTICE OF MEETING
Date of Notice: January 14,1997
Meeting Date: Tuesday, February 4th 1997
Time: 7:00 p.m. (Approximate)
Place:- Central Point City Hall
155 South Second Street
Central Point, Oregon
CYty of Central Point
EXHIBIT ttC't
Planning Department
NATURE OF MEETING
.Beginning at the above place and time, the Central Point Planning Commission willreview a Site
Plan application for a retail bakery at 841 East Pine Street. fihis project is in the C-4, Tourist and
Office-Professional District.
The project will replace the existing Pacific Video business. The specific site is located on Tax Lot
::4100 of Jackson County Tax Assessor Map Page.372W02CC.
CRITFRiA FOR DECISION
The requirements for approval of Site Plans are set forth in Chapter 17 of the Central Point
Municipal Code, relating to Commercial Zoning, General Regulations, Off-street Parking, Site Plan,
Landscaping and Construction Plans. The proposed plan is also reviewed in accordance to the City's
Public'Works Standards.
PCIBLIC COMMENTS .
1. Any person interested in commenting on the above-mentioned land use decision may submit
written comments up until the date of the meeting scheduled for Tuesday, February 4th,
1997.
2. Written comments maybe sent in advance of the meeting to Central Point City Hall, 155
South Second Street, Central Point, OR 97502.
155 South Second Street • Centel Point, OR 97502 • (541) 664-3321 • Fax: (541) 664-6384
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3. Issues which may provide the basis for an appeal on the matters shall be raised prior to the
..expiration of the comment period noted above. Any testimony and written comments about
the decisions described above will need to be related to the proposal and should be stated
clearly to the Planning Commission.
4. Copies of all evidence relied upon by the applicant are available for public review at'City
Hall, 155 South Second Street, Central Point, Oregon. Copies of the same are available at
15 cents per page.
5. For additional information, the public may contact the Planning Department at (541) 664-
3321 (ext.. 231)
SUMMARY OF PROCEDURE
At the meeting, Planning Commission will review the applications, technical staff reports, hear
testimony from the applicant, proponents, and opponents and hear arguments on the application.
Any testimony or written comments must be related to the criteria set forth above. At the
conclusion of the review the Planning Commission'may approve or deny the Site Plan Application
and Conditional Use Permit. City regulations provide that the Central' Point City Council be
informed about all Planning Commission decisions.
u4
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EXHIBIT "D"
RECOMMENDED CONDITIONS OF APPROVAL
1. The project shall be constructed in accordance with the approved site plan.
2. The site plan approval shall expire in one year, February 4, 1998 unless a building permit has
been issued and construction has commenced and diligently pursued toward completion.
3. The applicant must obtain a sign permit for the proposed sign change.
4. The project must comply with all applicable local, state and federal regulations.
N
City of Central Point
155 S. Second Street ~ Central Polnt, OR 97502 • (541) 6643321 ~ Fax: (541) 6646364
James H. Bennett
City Administrator
Memorandum
To: Members of the Planning Commission and
Planning Commission Packet Recipients
Date: 13 February, 1997
From: Elizabeth Barrett, Planning Secretary
Re: Correction to Planning Commission Agenda Packet
for Meeting on February 18, 1997
Dear Planning Commission Packet Recipients,
Please include the enclosed pages (17-A through 17-D) with the packet sent to you
today.
These pages ("Exhibit A" and "Exhibit B," respectively) were inadvertently left out
of the packets.
Thank you.
E~HrB~r ~
RESOLUTION NO,' 778
A RESOLUTION OF INTENT TO AMEND CPMC CHAPTER 17.56
PERTAINING TO NON-CONFORMING USES AND HISTORIC BUILDINGS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL
POINT, OREGON, that it is the intent of the City Council to
initiate procedures to consider amending the zoning text, in
'Chapter 17.56, pertaining to non-conforming uses, to allow
historic buildings that have been destroyed to wn extent
exceeding 50% of the appraised value to nevertheless be rebuilt
as such structure was prior to being destroyed.
Passed by 'the Council and signed by mein authentication of
its passage this 23rd day of January , 1997.
~~~
Mayor usty McGrath
ATTEST: -
~~ ~ ~''
City Representat ve
Approved by me this 23rd day of January , Y997.
~1~~
Mayor Rusty McGrath
RESOLUTION NO. 778 (010397)
Insertion after Page 17 `~17A"
E%HIBIT
ORDINANCE NO.
AN ORDINANCE AMENDING CENTRAL POINT 'MUNICIPAL CODE
SECTION 17.56.060 ,PERTAINING TO NON-CONFORMING STRUCTURES
THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN
AS FOLLOWSs
Section 1.. Central Point Municipal Code Section 17.56-.060
is hereby amended to xead.as follows:
conforming uses. A. The following regulations shall apply to
all designated Class A nonconforming uses and structures:
1. Class A nonconforming uses and structures shall be
permitted to continue in accordance with the provisions and
requirements of the most restrictive zoning district in which the
use or structure would normally be listed as a permitted use; or
conditional use if not listed as a permitted use in any district;
2. Existing legal nonconforming structures and uses
shall be permitted to expand, remodel, or otherwise be physically
or structurally improved, provided such improvements are in
accordance with all applicable codes in effect at the time of the
improvements;
3. A Class A nonconforming use shall not be resumed if
it has been discontinued for a continuous period of at least
twelve months or if it-has been changed to a conforming. use for
any period;
4. No Class A structure or property shall be used,
altered or enlarged in violation of any condition that was
imposed by the planning commission or city council at the time of
its designation as Class A;
5. If a nonconforming structure, or structure
containing a nonconforming use, is destroyed by any cause to an
extent exceeding fifty percent of the appraised value, as
determined by the records of the county assessor, a future
structure or use on that property shall conform to the
._.__
"''""T~"'"'~"~"F"~"~"""'~`o~i'ing contained in this title shall require any
change in the plans, construction, alteration or designated use
of a structure for which a valid building permit existed prior to
the adoption of the ordinance codified in this title, except that
if the use will be nonconforming and designated Class A, it shall
be subject to all appropriate provisions of this section and
shall be.considered discontinued if not in operation within one
year of the date of issuance of the building permit. The owner
1 - ORDINANCE NO. (010397)
Insertion after 17A ~,17B~~
Section 2. An emergency is hereby declared to exist, and
this ordinance shall £ake effect immediately upon 'passage.
Passed by the Council and signed by me in authentication of
its passage this day of , 1997.
Mayor Rusty McGrath
ATTEST'
City Representative
.Approved by'me this day of , 1997•
Mayor Rusty McGrath
r
3 - ORDINANCE NO. .(010397)
17D
of such. discontinued use may apply for reinstatement of 'the Class
A nonconforming use designation by following Che procedure
established in 17.56.040(B).
B. The following regulations shall apply to all designated
Class B nonconforming uses and structures:
1. Routine maintenance, upkeep, and structural repairs
may be performed on a Class B nonconforming use, site or
structure;
2. In no case shall a nonconforming use be enlarged or
otherwise expanded, and no structure, the use of which is non-
conforming, shall be moved on the lot, altered or enlarged,-nor
shall the floor space allocated to a nonconforming use be moved,
altered or enlarged, unless required by law or unless such moving
on the lot, alteration or enlargement will result in the
elimination of the nonconforming use;
3. The planning commission, or city council, on
appeal, may grant an application for a change of use, filed in
accordance with Chapter 17.76 if, on the basis of the application
and the evidence submitted, the following findings are made:
a. That the proposed use will not more adversely
affect the character of the district or neighborhood in which it
would be located than did the existing or preexisting use;
b. That a nonconforming use of a building may be
extended throughout those parts of a building which were designed
or arranged for such use prior to the date when such use became
nonconforming; provided, that no structural alterations are made
other than those required by law;
4. If a Class B nonconforming structure, or structure
containing a nonconforming use, is destroyed by any cause to an
extent exceeding fifty percent of the appraised value, as
determined by the records of the county assessor, any future
structure or use on that property shall conform to the
regulations for the district in which it is located;
5. if any Class B nonconforming use has been changed
to a conforming use, of if the nonconforming use of any building,
structure, or premises ceases for a period of six months or more,
said use shall be considered abandoned, and said building,
structure or premises shall thereafter be used only for uses
permitted as a matter of right or as a conditional use in the
district in which it is located;
6. Nothing contained in this title shall require any
change in the plans, construction, alteration or designated use
of a structure for which a valid building permit existed prior to
the adoption of the ordinance codified in this title, except that
if the use will be nonconforming and designated Class B, it shall
be subject to all appropriate provisions of this section and
shall be considered discontinued if not in operation within one
year of the date of issuance of the building permit;
7. If a Class B nonconforming structure containing a
nonconforming use is removed from a lot, any future structure on
that property shall conform to the regulations for the district
in which the lot is located.
17C