HomeMy WebLinkAboutOrdinance 1997ORDINANCE NO. I (A � l
AN ORDINANCE AMENDING PORTIONS OF
CENTRAL POINT MUNICIPAL CODE CHAPTER 16 SUBDIVISIONS
IN REGARDS TO STRUCTURES OVER CITY EASEMENTS
Recitals:
A. Words lined dwettgk are to be deleted and words in bold are added.
B. Chapter 16.08 Definitions is to be amended to include "City Utility Easement"
and "Structure".
C. Chapter 16.24.030 Blocks — Easements will be amended to further clarify what is
allowed in a city utility easement.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 16.08 Definitions is hereby amended to read as follows:
Chapter 16.08
DEFINITIONS
Sections:
16.08.010 Definitions.
16.08.010 Definitions.
As used in this title the masculine gender includes the feminine and neuter gender and the
singular includes the plural. The following words and phrases, unless the context otherwise
requires, shall have the meanings assigned to them.
1. "Alley" means a narrow street through a block primarily for vehicular service access to the
back or side of properties otherwise abutting on another street.
2. "Applicant' means the owner or contract purchaser of the property sought to be subdivided,
partitioned or developed, or the person duly authorized in writing by such person or persons to
act as agent to seek subdivision, partition or development, and in connection therewith, to bind
the property to any conditions thereof.
OrdinanceNo. /997 , (100914)
3. "Building line" means a line on a plat indicating the limit beyond which buildings or
structures may not be erected.
4. "City" means any representative of the city of Central Point authorized to make the decision in
question, including but not limited to the public works director, the city manager, the planning
commission or the city council.
5. "City Utility Easement" is an easement that is dedicated or granted for City water, sewer
or storm drain.
6.5. "Cul-de-sac" (dead-end street) means a short street having one end open to traffic and being
terminated by a vehicle turn -around.
7.6. "Development plan" means any plan as defined in Central Point Municipal Code Section
15.16.010.
8. -7. "Easement" means a grant of the right to use a strip of land for specific purposes.
9.8. "Final plat" means the final map and other writing containing all the descriptions, locations,
specifications, provisions and information concerning a subdivision, and where applicable,
includes a partition plat prepared by a registered professional land surveyor.
10.9. "Flag lot" means a lot or parcel surrounded by other parcels on all sides and connected to
the public right-of-way by a privately owned driveway or easement for ingress and egress.
11.40. "Half street" means a portion of the width of a street, usually along the edge of a
subdivision where the remaining portion of the street has been or could later be provided in
another subdivision.
12.1 "Lot" means a parcel of land intended as a unit for transfer of ownership or for
development.
13. i-2 "Major partition" means a partition which includes the creation of a road or street.
14.43 "Minor partition" means a partition which does not include the creation of a road or street.
15.44. "Partition" means either an act of partitioning land or an area or tract of land partitioned
as defined by this chapter.
Ordinance No. I9Q7 , (100914)
16 43. "Partition plat" means the final map and other writing containing all the descriptions,
locations, specifications, provisions and information concerning a major or minor land partition.
17.16. "Partitioned land" means to divide an area or tract of land into two or three parcels within
a calendar year when such area or tract of land exists as a unit or contiguous units of land under
single ownership at the beginning of such year. "Partitioned land" does not include divisions of
land resulting from lien foreclosures; divisions of land resulting from the creation of cemetery
lots; and divisions of land made pursuant to a court order, including but not limited to court
orders in proceedings involving the state or intestate succession; and "partitioned land" does not
include any adjustment of a lot line by the relocation of a common boundary where an additional
parcel is not created and where the existing parcel reduced in size by the adjustment is not
reduced below the minimum lot size established by any applicable zoning ordinance.
18 4-7. "Pedestrian way" means a right-of-way for pedestrian traffic.
19 49. "Person" means an individual, firm, partnership, corporation, company, association,
syndicate or any legal entity, and including any trustee, receiver, assignee or other similar
representative thereof
20 4-9. "Planning commission" means the planning commission of the city.
2120. "Reversed corner lot" means a comer lot, the side street line of which is substantially a
continuation of the front lot line of the first lot to its rear.
22.24 "Right-of-way" means all areas conveyed or dedicated to the public or city, or in actual
use by the public or city, for vehicular, pedestrian or utility use.
23 22. "Road" or "street" means a public or private way that is created to provide ingress or
egress for persons to one or more lots, parcels, areas or tracts of land.
24 23. "Roadway" means the portion or portions of street rights-of-way developed for vehicular
traffic.
25 24. "Sidewalk" means a pedestrian walkway with permanent surfacing.
26 25. "Street" means the entire width between the boundary lines of every way which provides
for public use for the purpose of vehicular and pedestrian traffic and the placement of utilities
and includes the terms road, highway, avenue, alley or other similar designations.
Ordinance No. !9Q 7 , (100914)
27. "Structure" means anything built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some definite
manner. This includes, but is not limited to, carports, swimming pools, hot tubs, permanent
signs, above ground gas or liquid storage tanks, fences, railings, sheds, manufactured
homes, antennae, satellite dishes, well pump houses, mechanical equipment, and portable
buildings. It also includes tents, awnings, stands, carts, and tables, except those used
temporarily for an itinerant use. It does not include portable items solely for sale or
temporary storage on the premises, including manufactured homes, portable buildings,
and vehicles.
28 27. "Subdivide land" means to divide a parcel of land into four or more parcels within a year.
29 28. "Subdivision" means either an act of subdividing land or a tract of land subdivided as
defined in this chapter.
30 29. "Through lot" means a lot having frontage on two parallel or approximately parallel
streets other than alleys.
3138. "Tentative plan" means the diagram and text containing all of the descriptions, locations,
specifications, provisions and information concerning a proposed subdivision or partition.
32 34. "Underground utilities" include all public and private services including but not limited to
electrical power, television cable, gas, telephone, sewer, water and storm sewer.
SECTION 2. Chapter 16.24 Blocks and Lots — Design Standards is hereby amended to read as
follows:
Sections:
Chapter 16.24
BLOCKS AND LOTS --DESIGN STANDARDS
16.24.010 Blocks --Length, width and shape.
16.24.020
Blocks --Sizes.
16.24.030
Blocks --Easements.
16.24.040
Lots --Uses.
16.24.050
Lots --Size and determination.
16.24.060
Through lots.
16.24.070
Lot side lines.
Ordinance No. / 9 4 7 , (100914)
16.24.080 Large lot subdivision.
16.24.010 Blocks --Length, width and shape.
The lengths, widths and shapes of blocks shall be designed with due regard to providing
adequate building sites suitable to the special needs of the type and use contemplated, needs for
convenient access, circulation, control and safety of street traffic and limitations and
opportunities of topography.
16.24.020 Blocks --Sizes.
Blocks shall not exceed twelve hundred feet in length except blocks adjacent to arterial streets or
unless the previous adjacent layout or topographical conditions justify a variation. The
recommended minimum distance between intersections on arterial streets is three hundred feet.
16.24.030 Blocks --Easements.
A. Utility Lines. Easements for electric lines or other non -city owned public utilities may be
required, and shall be a minimum of ten feet in width located on the exterior portion of a single
property. Easements for city utilities (i.e., water, storm drain and sanitary sewer mains) shall be a
minimum of fifteen feet in width located on the exterior portion of a single property. Tie -back
easements six feet wide by twenty feet long shall be provided for utility poles along lot lines at
change of direction points of easements.
1. Structures Located Within a City Utility Easement.
a. Except for public utilities and for signs when developed in accordance
with Chapter 15.24 (Sign Code) of this Code, no person shall locate,
construct, or continue to locate a Structure (as defined in chapter 16.08 of
the Central Point Municipal Code) within a City Utility Easement (as
defined in chapter 10.08 of the Central Point Municipal Code), except as
provided in subsections 1(b) and 2 below.
b. Notwithstanding the foregoing, the City may approve fencing, concrete
block walls/fencing, retaining walls, and similar fencing/wall structures
that are otherwise in compliance with the Building Code, and with the
clearance provisions noted herein, over an easement subject to the
following requirements:
i. Said fencing or wall structures that interfere with the installation,
maintenance, access, or operation of a public utility or City utility
Ordinance No. 19 97 , (100914)
may be removed by the utility provider or the City at the sole cost of
owner.
ii. Any replacement or relocation of the fencing or wall structures
shall be at the sole cost of the property owner or occupant.
iii. Owners and occupants of property shall not be entitled to
compensation for damages related to removal of the fencing or wall
structures.
2. Grass, Asphalt, and Concrete Installed Within a City Utility Easement
a. Subject to the limitations of the Building Code, lawful owners and
occupants of property may install grass, asphalt and concrete within a
City Utility Easement.
b. In the course of installing, accessing, maintaining, or operating its
facilities in a City Utility Easement, a public utility or the City as the
case may be, may move or remove any asphalt, concrete, or vegetation
located within said easement. After the same are moved or removed
and after completion of the necessary work, the grass, asphalt or
concrete shall be repaired and replaced in a reasonable manner at the
sole cost of the public utility or City.
C. Owners and occupants of property shall not be entitled to
compensation related to damages to grass, asphalt, or concrete so long
as the repairs and replacement are done in a reasonable manner and
in a reasonable time frame.
B. Watercourses. Where a subdivision is traversed by a watercourse, drainage way, channel or
stream, there may be required a stormwater easement or drainage right-of-way conforming
substantially with the lines of such watercourse, and such further width as will be adequate for
the purpose. Streets, parkways or access roads parallel to major watercourses may be required.
C. Pedestrian Ways. In any block over seven hundred fifty feet in length a pedestrian way may
be required. The minimum width of the pedestrian right-of-way must be at least six feet in width
which shall be hard surfaced through the block and curb to curb in order to provide easy access
to schools, parks, shopping centers, mass transportation stops or other community services. If
conditions require blocks longer than twelve hundred feet, two pedestrian ways may be required
for combination pedestrian way and utility easement. When essential for public convenience,
Ordinance No. l gq 7 , (100914)
such ways may be required to connect to cul-de-sacs. Long blocks parallel to arterial streets may
be approved without pedestrian ways if desirable in the interests of traffic safety
16.24.040 Lots --Uses.
................__.._...................._.... ............................... .._..................................................................................................... ......................................................... _................................................
A. The city may, in its discretion, deny approval for the creation of any lot by any manner if the
effect of such creation of lot would be to facilitate perpetuation of a nonconforming use.
B. No lot shall be created unless it is in compliance with all applicable provisions of this code.
16.24.050 Lots --Size and determination.
Lot sizes shall conform with the zoning ordinance and shall be appropriate for the location of the
subdivision and for the type of development and use contemplated. In the case of irregular lots,
the width shall be measured along the front building line. In no case shall the average depth be
more than two and one-half times the width. Comer lots for residential use shall have sufficient
width to permit appropriate building setback from and orientation to both streets.
A. In areas that cannot be connected to sewer lines, minimum lot sizes shall be sufficient to
permit sewage disposal by an engineered system in accordance with Department of
Environmental Quality, Jackson County environmental quality section, and public works
standards. Such lot sizes shall conform to the requirements of the Jackson County environmental
quality section.
B. Where property is zoned and planned for business or industrial use, other widths and areas
may be required, at the discretion of the city. Depth and width of properties reserved or laid out
for commercial and industrial purposes shall be adequate to provide for the off-street service and
parking facilities required by the type of use and development contemplated.
16.24.060 Throughlots.
Through lots shall be avoided except where essential to reduce access to primary or secondary
arterial streets or streets of equivalent traffic volume, reduce access to adjacent nonresidential
activities, or to overcome specific disadvantages of topography and orientation. A planting
screen easement of at least ten feet may be required along the line of lots abutting such adjacent
street. There shall be no right of access across such planting screen easements.
16.24.070 Lot side lines.
Ordinance No. / Q 7 (100914)
The side lines of lots shall run at right angles to the street upon which the lots face, as far as
practicable, or on curbed streets they shall be radial to the curve.
16.24.080 Large lot subdivision.
In subdividing tracts into large lots which at some future time are likely to be resubdivided, the
location of lot lines and other details of the layout shall be such that the resubdivisions may
readily take place without violating the requirements of these regulations and without interfering
with the orderly development of streets or other utilities. Restrictions of building locations in
relationship to future rights-of-way shall be made a matter of record if the city considers it
necessary.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word Ordinance may be changed to "code", "article", "section", 'chapter" or another
word, and the sections of this Ordinance may be renumbered, or re -lettered, provided however
that any Whereas clauses and boilerplate provisions need not be codified and the City Recorder
is authorized to correct any cross-references and any typographical errors.
SECTION 4. Effective date. The Central Point City Charter states that an ordinance enacted by
the council shall take effect on the thirtieth day after its enactment. The effective date of this
ordinance will be the thirtieth day after the second reading.
Passed ,b�y��1a�� �,Cou�ncil and signed by me in authentication of its passage this D6«�
day of —, 2014.
,4�7zzae
Ma�or Hank Williams
Ordinance No. /9 4 7 , 000914)