HomeMy WebLinkAboutResolution 128 - Amendments to CMPC Chapter 17~~~ ~
Pz.ANNZNC cOMrlTSS.r.oN
RESOI,tJ7'TON NO. 128
A RESOLUTION OF INTENT I3Y TIII, PLANNING COMMISSION
TO AMEND CERTAIN SECTIONS OF THE lONTNG ORD:CNANCE
WIIEREAS, t~1e Central Point Planning Commission after several months of
review deems it necessary to initiate certain amendments to the ~oni.ng ordi--
Hance; now, therefore,
BE :~T RESOLVED BY THE; PLANNING COMMISSION OF THE CITY 0~" CENTRAT., POINT,
OREGON, as follows:
I. Exhibit "A" attached hereto is proposed to detail tl2e necessary changes
to the zoning ordinance including amendments to Chapters 17.60.190 and 17,72.020
as proposed by staff;
2. Exhibit "B", a separate document, detai.J.s proposed changes to the zon-
ing maF;
3. Exhibit "C" attached hereto is proposed to detail changes to Chapter
17.68 on planned unit devefapments;
4. A public hearing to consider testimony relating to the proposed changes
shall be held Tuesday, Ilecember 1, L987, at 7:00 p.m. in the Council Chambers of
Central Point City Ha11, 155 South Second Street. Said hearing sha11 be duly
advertised in accordance with Chapter J.. 24 of the Central Point Municipal Code.
Passed by the Planning Commission an the fix'st day of November, 1987, and
signed by me in authentication of its passage this 13th day of November,
1987.
/ ., ~- --
Planning Commissioner Chairman
ATTEST:
fanning Commission Secretary
PLANNING COMMISSION RESOLUTION NO. 128
~,x~~z~iz r ~
THESE ZONING REVISIONS of 1987 HAVE DELETIONS [bracketed],
WHILE ADDITIONS TO THE TEST ARE underlined
17,12.020 Zones--Classification. Far the purposes of this
t.i~:ie, the fallowing zones are established in the cite:
Abbreviation
[R-F
R-L
R- ~.
" R- 2
R-3
C-1
c-z
c-s
C-~+
C-S
M- ~.
M~-2
(Ord. 1436 S2 (part), 1981),
District
Residential-farm]
Residential low-density
Residential single-family
Residential two-family
Residential multiple family
Neighborhood convenience shopping
[Limited] commercial-professional
Downtown business district
Tourist and office-professional
Throughfare commercial
Industrial [limited
Industrial general
17:12.030 District--Location. The boundaries for each
district listed in this title are the boundaries indicated for the
district by the city zoning map of [1981] 3987, which is adopted by
reference. The boundaries shall be modified in accordance with
zoning map amendments, which amendments this section subsequently
adopts by reference. (Ord. 3436 S2 (part), 1981).
37.12.00. A zoning map or zoning map amendment adopted by
Section 17.12,030 or by an amendment to the Section shall be prepared
by authority of the city planning commission or be a modification by
the cite council of a map or map amendment so prepared. Tine map or
map amendment shall be dated with the date of its approval by the
planning commission or the effective date of the ordinance that
adopts the map or map amendment, A certified print of the adopted
map or map amendment shall be maintained without change in the office
of the city [recorder] administrator as long as the ordinance
codified in this title remains in effect.(Ord. 1436 S2 (part), 1981).
17.12.060 Zonin of annexed area. All future annexations are
expected to include only lands within the city's urban growth
boundary (UGB). The comprehensive plan of Central Point includes a
plan for future land uses within the UGB area and [a] the zoning map
described in Section 17.12.030 that is consistent with the
comprehensive plan and which will determine the district into which a
newly anne}:ed area is placed. [In the event that an area is annexed
to the cit}= prior to final state approval of the city's urban growth
boundary, the proposed UGB land use and zoning maps shall act as a
zoning guide for city council approval.] The appropriate zoning
district shall be applied to the area upon annexation. (Ord. 1436 S2
(part), 1981).
1716.030 Conditional uses.
~~cce5sory uses are permitted in the
accordance with Chapter 17.76:
A. Home occupations subject
17.60.[I80]190.
The following uses and their
R-L district when authorized in
to the provisions o£ Section
I7.Ib,Q50 Area width and and re uirements. The following
7,ot requirements shall be observed in the R~-1, district:
A._ Lot Area._._,.The.lot area shall be a minimum of fifteen
thousand square feet.
B. Lot Wi.dth,. The l.ot width shall be a minimum of
seventy-five feet.
C. Front Yard. The front yard shall be a minimum of twenty
feet [but not more than fifty feet].
D. Side Yard. Side yards shall be a minimum of ten feet;
however, side yards abutting a street or a proposed or planned future
street sha11 be a minimum of twenty feet.
E. Rear Yard. The reax yard sha11 be a minimum of ten feet.
(Ord. I529 SI (part), 1984: Ord. 1436 S2 {part}, 1981).
F. _NotwithstandinQ the yard_ re_c~uirements_of C._D._ an_d E.
above, no~dwellin~ shall be closer„than seventy-five feet~(includinQ
r~~hts-of-way)__to___I and zoned Exclusive Farm Use by °°,_....___._._.
Jackson Gounty_
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;
b. Parochial and private schools, but not including business,
dancing, music, trade, technical or nursery schools, kindergartens or
day nurseries. (Ord. 1436 S2. (part), 1981),
E. l7evelo er's ro'ect and sales offices zncludin mobile
homes or trailers ado ted to that ur ose Burin construction of the
ro 'ect onl
~`. Planned unit develo ments.
I7.20.030 Conditional, uses. The Following uses and their
accessory uses are permitted in an R-1 district when authorized in
accordance with Chapter 17.76:
A. Home occupations subject to the provisions of Section
17.60.[180] I90;
B. Recreational uses, parks, and similar uses that are open
and available to the general public and intended to provide far the
recreational or park needs of the neighborhood or community;
C Public and public utility buildings, structures and uses,
but not including corporation, storage or repair yards, warehouses
and similar uses;
D. Developers project and sales offices including mobile
homes and trailers adapted to that purpose during construction of the
project only].
E. Public and parochial early ch7l.dhood developt~ent
preschools, nursery schools, kindergartens or,.d_a,r,,_„care centers;
~`. ~u.seums;
G. The temporary placement of mobile homes on single lots For
the purpose of providing fu11-time care .for the infirm subject to the
provisions o£ Section 17.60.055. (Ord. 1551 S2, I985: Ord. 1541 S2,
1985: Ord. 1436 S2 (part), 1981),
[17.20.050 Area, width and Bard requirements. The following
lot requirements shall be observed:
A. Lot Area. The lot area shall be a minimum of six thousand
square feet with corner lots being a minimum o£ seven thousand square
feet.
$. Lot Width. The minimum width of a lot in an R-1 district
shall be sixtp feet, with corner lots being a minimum of seventy feet
in width.
C, Lot Depth. No requirement.
~__~._ ~ D. Front Yard. The front yard shall be a minimum of twenty
feet.
-~~ E. Side Yard, Side pards shall be a minimum of five feet per
st.o~y. Side yards abutting a street shall be a minimum of twenty
feet in width.
F. Rear Yard. The rear yard shall be a minimum of fifteen
feet, (Ord, 143b S2 {part), 1981}.]
The following would replace the existing 17.20.050:
17.20.050____Area,~width and yard requirements.
The [specific development and densitp parameters) lot
requirements of the R-~. zoning district are governed by the
subcategories of R-1-5, R-1-8, and R-1-10, as delineated on
the official Zoning Map of Central Point. The area, width and
yard requirements of these subcategories shall be in
accordance with the following table:
.. Develo meat Re uirements R-1-b R-1-$ R-1-14
Min. Lot Area (interior},,,,, 6,000 8,000 10,000
Min, Lot Area (corner)....... 7,000 8,000 10,000
Min, Lot Width (interior}..,. 50 ft. b0 ft. 60 ft.
Min. Lot Width (corner)...... 70 ft. 70 ft, 70 ft.
Min. Lot Depth ............... N/A N/A N/A
Min. Fron t Yar d .............. 20 ft. 20 ft. 20 ft.
Min, Side Yard {interior).. 5 ft.'s 5 ft.'s 5 ft.'s
Min. Side Yard {street side). 20 ft, 20 ft, 20 ft.
Min. Rear Yard ............... 15 ft. 15 ft. 15 ft.
'~ Side yard setback shall be increased by an
additional five feet for each additional story
or partial stare.
~otwa.th_s_tandir~~_t_h_e _y_a_rd requ~,reme.. s_ above and depending on the_
nt
location of the lot, special setback requirements ma_g appl~r as
specified in Section 17.60.090. ^~
17.24.020 Permitted uses. The fol3owing ases and their
accessory uses are permitted in the R-2 district:
A, One-family and two-family dwellings;
B. Public schools, parochial schools, kindergartens, but not
including business, dance, music, art, trade, technical or similar
schraols;
C. Churches and similar religious institutions;
D. Public parks and recreationa3. facilities;
E. Developer's pro.iect office and sales office including
mobile homes and trailers ada ted to that ur ose Burin construction
of the pro_-~ect off,,;
F. Other uses not specified in this or any other district, if
'~~x~ planning commission finds them to be similar to those listed
above and com atible with other ermitted uses and with the intent of
the R-2 district as provided in Section 17.60.140. {Ord. 1436 S2
(part), 3.981).
17.24.030 Conditional uses. -.The following uses and their
accessory uses are permitted in the R-2 district when authorized by
the planning commission in accordance with Chapter 17.76.
A. Home occupations subject to the provisions of Section
17.60.190;
B. Rest homes, nursing homes and convalescent homes;
C.' Private recreational uses and facilities that are
c;ompatible'With the residential neighborhood, but not including such
intensive commercial uses as golf courses and driving ranges, race
tracks, amusement parks, and similar activities;
D. Public and public utility buildings, structures and uses,
but not including corporation, storage or repair }lards, warehouses
and similar uses;
E. jDeveloper's project and sales offices, including mobile
homes or trailers adapted to that purpose, during construction of the
project only] Service, fraternal and lodge organizations;
F, Dwelling groups composed of single-family and/or duplex
dwellings; provided, that there shall be at least three thousand
square feet of lot area for each single_family detached dwelling and
at least two thousand five hundred square feet for each duplex or
attached dwelling;
G. Mobile and manufactured home subdivisions;
H. Planned unit developments in accordance with Chapter
17.68;
I. Public and arochial earl childhood develo went
reschools nurser schools kinder artens or da care centers. jDay
care centers or si€~ilar facilities.)
37.24.050
G. h~otwithstandin the and re uirements above and de endin
on the location of the lot s ecisl setback re uirements ma a l~ as
specified i:~ Sect:~on 17. b0. 090.
17.24.0$0 Restrictions on additional dwellin units on a
si~~~;~e lot. No additional dwelling units, as defined in this title,
shall be constructed on a single tat upon which there is an existing
dwelling unit or units, unless all of the requirements of this
..?.~r:~~~ter are met, and:
A. Lots meeting the requirements of this title can be created
"~;<<~ ;;~.artition fvr each of the additional dwelling units proposed; and
$. Unoccupied and unobstructed access not less than [fifteen]
twenty feet wide shall be provided from the street fronting the lot
%.f~ the rear dwelling or dwellings on the lot; and
_~_ C, Primary access to each dwelling unit is nit gained through
E?.r:_._.~?~7_ep for either pedestrians or vehicles.(Ord.I436S2(part), 1981).
17.28.020 Permitted uses. The following uses and their
ac~:.e:~sorp uses are permitted in the R-3 district:
A. Single-family dwellings;
B. Duplex and single-family attached dwellings;
G. Multiple family dwellings and dwelling groups;
D. Boardinghouses and roominghouses;
E. Public sGhpols, parochial schools, kindergartens, but not
including business, dance, music, art, trade, technical or similar
schools;
F,_ Public parks and recreational facilities;
G. Churches and similar religious institutions;
__ H. Develo er's ro'ect office and sales office includin
mobile homes and traders ado ted to that ur ose dur2n constru
- - -- - -~ ~ ~ ~ p p. - ~ ,~ ...._ _ _ ,_, _._G t i o n
of the r0 ~ECt Onl ~. ~_
.~_.m__ 1. Other uses not specified in this or any other district, if
the planning commission finds them to be similar to those listed
above and com atible with other ermined uses and with the intent of
~the__R-_2_district as provided in Section 17.60.140.
17.28.030 Conditional uses. The following uses and their
accessory uses are permitted in the R-3 district when authorized by
the planning commission in accordance with Chapter 17.76:
A. Home occupations subject to the provisions of Section
17.60.190;
B. Rest homes, nursing homes and convalescent homes;
C. Private recreational uses and facilities that are
compatible with the residential neighborhood, but not including such
large intensive commercial uses as golf courses and driving ranges,
race tracks, amusement parks, bowling alleys, roller and ice rinks,
and similar facilities;
D. Public and public utility buildings, structures and
related uses, but not including corporation, storage or repair yards,
warehouses and similar uses;
[E. Developer's project and sales offices, including mobile
homes or trazl.ers adapted to that purpose, during construction of the
project only.
17.28.03D(continued}
E. Mobile home and manufactured home developments;
F. Mobile home parks;
G. Dff-street parking Sots to serve the residents of
:~?u.l•tiple-familp developments, mobile home development, group quarters
facd.lities and similar uses;
H, Planned unit developments in accordance with Chapter
~.~.b$;
T. The temporary placement of mobile homes on single lots for
the purpose of providing full-time care for the infirm subject tv the
pravisions of Sectian 17,50.DSS.
17.28.D5D
G. Notwithstanding_the yard requirements above and depending
an ~~he location of the lot, special setback requir,eruents may apply as
specified in Section 17.6D. D9D. ~ ~ ~ ~.. ~..,.,...~_..
17,,,2,$.D$D Density. The following measurements indicate
maximum permuted residential density in an R-3 district:
A. The comprehensive plan map shall govern all maximum
densities within the city. Tn some cases, the R-3 zoning distract,
which is generally considered high density, as applied to areas that
are designated medium density on the comprehensive plan map. Tn such
cases, the Following will apple:
1. Maximum overall project density will not exceed the
twelve dwelling units per acre maximum density of the medium density
category, as shown on the plan map, unless in a PUD.
2. All other provisions of the R-3 district wi11 apply
as an any other R-3 district.
~3. Medium density planned unit developments utilizing
R-3 permitted uses shall be encouraged.] (Ord. 143b 52 (part),
198}.
17.28.Q85_ Restrictions on additional dwelling units on a
single lot. No additional dwelling units, as defined in this~~title,
shall be constructed on a single lot upon which there is an existing
dwelling unit or units, unless all of the requirements of this
chapter are met anal:
A. Lots meeting the requirements of this title can be created
by partition for each of the additional dwelling units proposed; and
B. Unoccupied and unobstructed access not 1ESS than [fifteen]
twenty_ feet wade shall be provided from the street fronting the lot
to the rear .d welling or dwellings on the lot; and the lot to the rear
dwelling or dwellings on the lot; and
C. Primary access to each dwelling unit as not gained through
an alley for either pedestrians or vehicles. (Ord. 1436 S2 (part),
181).
17.'1~_fl~l1
~`. Other uses not specified in this or any other district, if
the planning commission finds them to be similar to the uses listed
«hc~ve and compatible with other permitted uses and with the intent of
the C--1 district as provided in Section 17.60.10. (Ord. 136 S2
(part), 1981). T
17.32.050
A. Notwithstandin the and re uirements above and de endin
ozt the location of the lot, special setback reQu_i_rements mad, app_1p as
s~~~.fied in Section 17.60.090.
17,32.060 General. _re~uirements
A. Uses that are normally permitted in the C-1 district but
that are referred to the planning commission for further review, per
Section 17.32.030 (B), wi11_ be handled according to application
procedures for conditional. use permits.
B. No use sha11. be permitted and no process, equipment or
materials shall be used unless zn compliance with a1.I appla.cable_
state and__federal env~ronmental,,,health, and safet~q re~.ulations.
[which are found by the planning comm~ss~on to be harmful to persons
living or working in the vicinity by reason of odor, fumes, dust,
smoke, cinders, dirt, refuse, water-carried waste, noise, vibration,
illumination or glare, or are found to involve any hazard of fire or
explosion].
G. A11 businesses, services and processes shall be conducted
entirely within a completely enclosed structure, e~ccept far
off-street parking and loading areas, gasoline stations, outdoor
eating areas, ar specially permitted outdoor sales.
D. Open storage of materials related to a permitted use shall
be conditionally permitted only within an area surrounded or screened
by a solid wall or fence having a height of six feet; provided, that
no materials ar equipment sha11 be stored to a height greater than
that of the wall.
E. Wherever the side or rear property lines of a parcel in
the G--1 district abut parcels in a residential (R} district, a solid
wall. or fence, vine-covered open fence or compact evergreen hedge six
feet in height shall be located on that propertp line and
continuously maintained to ensure effective buffering between the two
uses. Where a public alley separates the two properties, the barrier
shall be placed on the G-1 parcel, (Ord. 136 S2 (part), 1981}.
Chapter i7,3b
- _ __
C--2, LZMZ'SED COMM~RCZAL-PROFESSIONAL DZSTRZCT
17.36.020
F. Other uses not specified in this or any other district, if
the planning cammiSSioA finds them to be similar to the asses listed
above and compatible with other permitted uses and with the intent of
the C-2 district as ~ravided in Sectinn 17.60.140,
17.3b.050
- A. Not withstandin the and re uirements above and de endin
on the location of the lot, special setback. requirements mag applg as
specified in Section 17.60.090.
17.35.050 General. requirements.
A. Uses that are normalcy permitted in the C--2 district but
that are referred to the planning commission for further review, per
Section 17.36.030(31}, will be processed according to application,
procedures for conditional use permits.
B. No use shall be permitted and no process, equipment or
materials shall be used ~wb.ich are found by the planning commission
to be harmful to persons living or working in the vicinity by reason
of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried
waste, noise, vibration, illumination or glare, or are found to
involve any hazard of fire or explosions unless in compliance with_
all a licable state and federal environmental health and safet
re ulations.
C. A11 businesses, services and processes shall be conducted
entirely within a completely enclosed structure, except for
off-street parking and loading areas, gasoline stations, outdoor
eating areas, or specially permitted outdoor sales.
17.36.070
C. Signs in the C-~2] 3 district shall be permitted and
designed according to provisions of Chapter 15.24 and with Section
17.50,110. (Ord. 1436 52 {part), 1981).
17,40.020
1. Other uses not specified in this or any other district if
the planning com€~ission finds them to be similar to the uses listed
above and compatible with other permitted uses and with the intent of
the C-3 district as rovided in Section 17.60.140, {Ord, 1,436 S2
(part}, 1981).
1~.4o.os0
H. Notwithstanding the yard requirements above and depending
on the location of the lot special setback re uirer~ents ma a lv as
specified in Section 17.60.090.
17._40_.060 General~r.e uirements_,
A. Uses that are normally permitted in rile C-3 district but
that are referred to the planning commission f.or further review, per
Section 17,40.030(L), will be processed according to application
procedures for condit~.onal a~so permits.
B. No use shall be permitted and no process, equipmeztt or
materials shah. be used unless in cost l,iancewitll all..-a~~licable
state and federal environmental health, and safer re7ulations
[which are found by the planning commission to be harmful to persons
living or worlcing in the vicinity by reason of odor, fumes, dust,
smoke, cinders, dirt, refuse, water-carried waste, noise, vibration,
illumination or glare, or are found to involve any hazard of fire or
explosion],
C. All businesses, services and processes shall be conducted
entirely within a completely enclosed structure, except for
off-street parking and loading areas, outdoor eating areas, or
specially permitted outdoor sales. (Ord, 1436 S2(part), 19$1).
17.4.0._0.7.0. Suns and. l,i.gl~tzn~ on premises.
A. No illuminated sign or lighting standard used for the
illumination of premises shall be so designed and installed that
their direct rays are toward or parallel to a public street or
highway or directed toward any property that lies witbin a
residential (R) district.
B. No red, green, or amber lights or illuminated signs may be
placed in such a location or position that- they could be confused
with, or may ~.nterfere with, any official traffic-control device,
traffic signal or directional guide signs.
C. Signs in the C--2 district shall be permitted and designed
according to provisions of Chapter 15.24 and with Section 17.60.110.
(Ord. 1436 S2(;part), 1981).
17.44.020 Permitted uses.
B. 15. Other uses not s ecified in this or any other
district if the lanning__commission finds them to be similar to the
uses listed above and compatible with other ermitted uses and with
the intent of the C-4 district as rovided in Section 17.60.140. [as
determined by the planning commission]. _~
17.44.050
H, Notwithstandin the and re uirements above and depending
on the location of the lot s ecial setback requirements may a,p,p.1~y_. as
specified in Section 17.60.090.
17.44,070 Si ns and li~tin of remises.
C. Signs in the C-4 district shall be permitted and designed
according to provisions of Chapter 15.24, and with Section 17.60.110.
17.46.050
?notwithstanding the yard rec~u,ireme , .._..,_„ _~E and depending
nts ahoy„_
on the location of the lot s ecial setback re uirements ma a l as
s ecified in Section 17.60.0}0.
17.46.060 General. requirements.
B. No use shad. be permitted and no process, equipment or
materials shal_1 be used unless in compliance with all ap~~i,cable
state and federal. environmental, health, and safety regulations.
[which are found by the planning commission to be harmful. to persons
1~.~iz~g or working in the vicinity by reason of odor, fumes, dust,
sma-ke, ca.nders, dd.rt, refuse, water-carried waste, noise, vibration,
illuminatd.on ar glare, ar are found to involve any hazard o£ fire or
explosion. ]
17.40.070 S u ns and li~htinQ of demises.
C. Signs in the C-5 district shall be permitted and designed
in accordance with Chapter 15.24 and~with Section 17.60.110.
Chapter 17.4$
M-1-_INDUSTRIAL LIM„_,,,.
- - [ .,.,,TT~D~_ DISTRICT
17.48.020 Permitted uses. The fallowing uses and their
accessory uses are permitted in an M-1 district, subject to the
limitations imposed in Section 17.48.030:
T. Deve-Io~er'__-s__-pro~ect_ and....s,a,les offices, includin,g.__m,abl.E
_ P , t pu,r,po.se_ during canstructian onl.y.
homes„ ado ted to ,t ha„ r .__
U. Planned unit developments, subject to the provisions of
Chapter 17,68;
V. Other uses not listed in thisor-any .other district,
[which] ~f the planning commission [may] finds them,~o,.be similar to
those listed above and [which are found to be~consistent with the
purpose of this districts com atible with other ermitted uses and
with the intent of the M--1 district. (Ord. 143b S2 (part), 1981).
- _----~--- -- - _ - ,,, tandards for permitted uses. All.
I7.. $.030 Limitations one S, ,. _,._.~. _
uses within the M-_1 district shall be subject to the followin g
conditions and [limitations standards:
A, A11. raw materials, finished products, machinery and
equipment, with the exception of automobiles and trucks normally used
in the business, shall be stoxed within an entirely enclosed building
or sight-obscuring, nonpierced fence not less than six feet in
height.
~. [ The Emission of disturbing vibrations or of visible or
odorous gases, waste or other matter in such quantities that it is
visible or otherwise readily detectable at any point beyond the
property line of the use creating such annoyance is prohibited.] The
facilit shall be in com liance with all a li.cable state and federal
environmental, health, and safety regulations.
17.48,030(continued}
C. All open areas utilized by vehicles, or used as sales or
s~~.c~z~age areas, shall be surfaced with rock ar pavement ox otherwise
treated so that no dust is created by the uses.
[D. operations shall be conducted in such a manner that no
aFt~r~s:e, glare, vibration ar industrial noise is perceptible beyond the
F=-„c~_~erty 7.ine of the lot on which they are located. ]
[E. No use shall be permitted which is found by the planning
commission to involve any hazard of fire, explosion or radioactivity
or ~o emit electrical disturbances which may adversely affect
equ~.pment outside the boundaries of the site.
-.._-__ D. In any M-1 district directly across a street from any
=~e:~~c~ential (A) district, all outdoor parking, loading, or display
areas shall be set back at least ten feet fror~ the public
~: ig3~t---of-way and this setback area shall be planted with trees
;~.p>>p5°oxriate far the neighborhood, ground cover, or other landscaping
materials that are consistent with the general existing character of
the area, or that will establish a landscape theme for other
developments to follow. This setback and landscaping requirement
shall also apply to M-1 lots fronting on any street designated in the
rnmprehensive plan as a major arterial. (Ord. 1436 S2 (part), 1981.
17'.4$.040 Conditional uses. 'fhe following uses and their
accessory uses map be permitted in an M-1 district when authorized in
accordance with Chapter 17.75:
A. Business offices and commercial uses that are compatible
with and closely related in their nature of business to permitted
uses in the M-1 district, ar that would be established to serve
primarily the uses, employees, or customers of the M-1 district.
[B, Developer's project and sales offices including mobile
homes adapted to that purpose, during construction an1y.] (ord.
143b S2 1981).
17.48.070
E. Notwithstandin the and requirements above and de endin
on the location of the lot s ecial setback re uirements ma a 1 as
s ec~f~ed in Section ..,___
p ~ -- - -- 17 .,,6,0.090 .
17__4.8..080 Signs. Signs within the M-1 district shall be
limited to the following:
A. [Fame and product or service identification signs shall. be
permitted subject to the following conditions:
. I. Signs shall pertain only to the premises upon which
they are located and may display the name and address
of the premises, the name of the owner or lessee, and
state the nature of the occupation engaged in and
products or services rendered;
1. Permitted sa.gns shall contain not more than one
hundred square feet of surface area on any one side, or an aggregate
of two hundred square feet of surface on all sides which can be
utilized far display purposes;
2. Lighted signs shall be indirectly illuminated and
nonflashing;
17.48. 080___ ___Si~n_s (continued )
3. Identification signs shall he permitted within any
required setback areas provided it does not extend into or overhang
sny parking area, sidewalk, or other public right-af -way;
4, Signs located within vision clearance areas at
in~:::rsections of streets shall conform to Section 17.50.I10
-- B. Signs advertising the property "for rent" or "far sale"
shall not exceed four square feet of area on any one side and one
such sign shall be permitted for each street frontage.
C.[Signs that are intended to advertise or promote the sale of
products or services are not permitted.
Signs in the M--l~distr_ict shall be_permitted and desi~ned~
w acs-c~rdin~ to provisions of Chapter 15 24 (Ord. 1436 52 (part),
1981). ~ ~ - -- - -
17.52.020 Permitted uses. The following uses and their
accessory uses are permitted in an M-2 district, subject to the
limitations izaposed in Section I7.SZ.040:
A. Any use permitted in the M~-I district;
B. vocational, technical, and trade schools, including all
educational facilities related to industrial trades;
C. Building materials processing and manufacturing, including
the manufacturing of concrete and masonry materials and concrete
mixing, and woad products processing and milling;
D. ~itail and trucking distribution facilities far the loading
of raw materials and manufactured products;
B.. Developer's project and sales offices,„inclu,din,~_,zno,bi_le
homes ado ted to that ur ase durin -construction ~a~nl~~~ , ~~~~ ~~ ~~ ~ ~-
[B. Other uses not listed which the planning commission map
find to be similar to those listed above and which are found to be
consistent with the purpose of this district.] (Ord. 1435 52 (part),
1981).
I7.52.030 Conditional uses. The fallowing uses and their
accessory uses map be permitted in an M-2 district when authorized in
accordance with Chapter I7.7b:
[A. Developer's project and sales offices, including mobile
homes adapted to that purpose, during construction only;
A. Permitted uses that are referred to the planning
commission by city staff because they were found to exhibit
potentially adverse or hazardous characteristics not normally found
in uses of a similar type and size;
B. Business offices and commercial uses that are compatible
with and closely related in their nature of business to permitted
uses in the M-2 district, or that would be established to serve
primarily the uses, employees, or customers of the M-2 district. _
(Ord. 1430 S2 ( part), 1981).
17.52.040 Limitations cn Standards for ermitted and
candi,tional uses. All uses within the M--2 district shall be sub,~ect
to the following conditions and [limitations} standards:
A. jNo use shall be permitted which is found by the planning
commission to involve any special hazard of fire, explosion ar
radioactivity or to unit electrical disturbances which adversely
affect equipment outside the boundaries of the site;J
A. The_ f_a_cYlity___shall be in compliance with all. applicable
state and federal environmental health and safer re ulations,
jB. The emission of disturbing vibrations, industrial noise,
Wor odorous gases, waste ar other matter in such quantities that it is
__-~.eadd.ly detectable at any po~.nt beyond the property line of the use
a creating such annoyance is prohibited;)
B. All principal parking areas for automobiles and industrial
vehicles shall be surfaced with rock or pavement and all other open
areas shall be appropriately treated and maintained to minimize dust;
C. Fencing shall be required between any M-2 property and an
abutting property in a nonindustrial {M) district. Such fencing
,_-sh.all be a minimum of six feet in height and, when installed between
any M-2 lot and a lot in any commercial {C) or residential (R)
district, shall be constructed of wood, masonry, or other
sight-obscuring material. A wire fence supplemented by
sight-obscuring plant materials may be approved, if found to be
effective by the planning commission. (ord. 1436 S2 (part), 39$I).
17.5z.a~o
otw~.t stan znQ the ward require
_. _ ,' ,e,nts a_bo_v_e_ and depending
on the location of the lot s ecial setbackmre ui~ ,.,.. ~~~
rements ma a 1 as
specified in Section 17.60.090.
-_ .. 17.52.080 Signs. Signs within the M-2 district shall be
subject to the following limitations:
A. Lighted signs shall be indirectly illuminated and
nonflashing;
jB. Signs shall pertain onlp to the premises upon which they
are located and map display the name and address of the premises, the
name of the owner or lessee, company logo or symbol, and state the
nature of the occupation engaged in and products or services
rendered;
jca B. ~'ermitted signs shall contain not more than one
hundred square feet of surface area on any one side, or an aggregate
of two hundred square feet of surface on all sides which can be
utilized for display purposes;
jA. Signs that are intended to advertise or promote the sale
of products or services, beyond identification of the permitted use,
are not permitted;]
C. Signs advertising the property "for rent" or "for sale„
shall not exceed four square feet of area on an.y one side and one
such sign shall be permitted for each street frontage;
b. All signs rust conform to the requirements of Chapter
15.24 and with Section x.7.60.110 pertaining to vision clearances.
(Ord. 1436 S2 (part), 19$1).
17.54.050 Area width and and re uirements. All areas
within the greenway are in public owners}yip or praposec} for public
acquisition. }Yo minimum lot requirerents are necess<~ry far the types
of development that might occur wit}tirt t}Zis district, except that
special sethac.k.,_requirements rnc~y a>>ly r.2s specified in Section ~~
17.60.090. ~ .~.... `~ __
17.54,070 Signs. [Signs shall he permitted for
Identification information or direction only, In no case shall. a
sign be permitted that advertises products or services of any kind.]
All signs shall ho designed for maximum visual and aesthetic
compatibility with the greenway environment and are subject to
planning commission review and approval, and_the requirements of
Cha ter 15.24 and Section 17.b0,110.
17.56.030 Classification criteria. All nonconforming uses
and structures within the City of Central Point shall be classified
as either Class A ar Class B nanconforrning uses, according to the
following criteria:
A. Properties containing nonconforming uses ar structures may
be designated Class A by the planning commission based upon
[determination] findings that all of the following criteria
[findings] apply:
17.56,040 Procedures for Class A desi nation.
A. All properties within the city of Central. Point that meet
the classification criteria .listed in Section 17.56.030 (A} or B
shall he identified on a map of the city [and] kept in and maintained
by the planning department.
17.5b,060 Pe ulations ertainin to Class A and B
nonconformin usos.
A, The following regulations shall apply to all designated
Class A nonconforming uses and structures:
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 [existing] codes in effect at the time of the
im rovements. ^
B, The following regulations shall apply to all designated
Class B nonconforming uses and structures:
2, In no case shall, a nonconforming use be enlarged or
otherwise expanded, and no structure, and the use of which is
nonconforming, shall be rnoved 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;
6. [delete last sentence]
7. If a Class I3 noncanforrnin structure containin a
nonconforming use is removed frorn a lot, any future structure on that
ro ert shall conform to tl~c~ re ulatians for tie district in which
the lot is located.
Chapter 17.60
GFKFkA~ REGUI..ATIONS
Sections:
17.6o.alo
17.6a.o2o
17.60.025
17.60.030
17.60.050
17.60.055
17,60.060
17.60.fl70
17.60.090
17.60.100
17.60,110
17.6fl.1Z0
17.60.130
17.6fl.140
17, 6fl.15a
17.6fl.160
17.0.170
17.60.180
17,6fl.190
17,60.200
Commercial excavation and removal of sand,
gravel, stone, loam, dirt, or other earth
products.
Utilities.
Transportation Facilities
Accessory buildings.
Storage and occupancy of mobile homes, motor
homes, and similar recreational vehicles.
Criteria for temporary mobile home placement
far infirm citizens.
Lot size requirements exception.
Building height limitation exception.
Special setback requirements.
Projections from buildings,
Clear-vision areas
Clear-vision areas
Access.
Authorization far similar uses.
Principal and accessory uses.
Maintenance of minimum requirements.
Appeal of administrative decisions.
Duties of officers.
Home occupations.
Interpretation.
17.60.025 TranSDartation Facilities. The erection
constrpction, al~erati_on__or_ maa.ntenance by _public utility or
munici a~. ar other avernmental a encies of ublic roads and hi hwa
facilities or railroads within ublic or ublic utilit ri hts of-~wa
and inc3uding the widening or replacement of brides, pavement,
curbs, butters, traffic sig_n_s__and signals, grade crossing, lights,
ates and si nals sidewalks bic cle Janes and ~aths
bus sto s
fencin uard rails median barriers li htin and similar
'improvements in connection therewith, but not including buildings.
shall be permitted in any district.
17.60.055 Criteria for temporary mobile hose placement for infirm
CitiZenS.
b. The nature of the infirmity has been certified by a
written statement from a medical doctor licensed by the state stating
that the a.nfirm person is not physically or mentally capable of
maintaining a residence on separate property and is dependent upon
someone being close by to assist them;
17.60,070 BUILDING HEIGHT LIT3ITAT10'rT General exce Lion.
H~:.~;ht. limitations set forth elsewhere in this title shall not apglp
to;
A. Church spires, belfries, cupolas and domes; smokestacks;
f:~.a.g poles; elevator penthouses; cooling towers; grain elevators;
p=)_~z}~ei~. walls extending not more than four feet above the limiting
height of the building; and outdoor theater screens. [provided said
~cxeens.contain na advertising matter other than the name of the
i;}zeater;
17.b0.090 Special setback requirements. To permit or
a:Ff~rd better light, air and vision on more heavily traveled streets,
~~:o:laxotect arterial streets and to permit the eventual widening of
s~~r~::~:ts, the following street setback lines are established along all
secondary and major arterial. streets and highways, as identified in
the comprehensive plan. Nn building, structure, or parking area
shall be erected or maintained between such setback line and the
street line.
A. >=n any residential district the Bear Creek Greenwa
district ~R-l, R-2, R-3] and the M-1 district the setback line shall
be:
~.. Sixty feet distant from the center line of any
secondary arterial or highway;
.. 2. Seventy feet distant from the center Line of any
major arterial street or highway.
_ 17.60.140 Authorization for similar uses. The planning
commission may rule that a use, not specifically named in the
examples of allowed uses of a district shall be included among the
allowed uses, if the use is of the same general. type and is similar
to the jlisted~ ,permitted uses.
A. The tannin commission in rulin u on similar uses
shall find as follows;
I, That the use is closet related to listed uses and
can_heen shown to exist campa_tibly with those uses;
2. T h a t t h e u s e w a s n o__,_..._..._....__.._~,
t antici ated or known to exist
on the effective date of this ordinance either because it involves
products= services, or activities not available in the communitg at
that time or the use involves new roducts services or activities
that are nonetheless similar to ermined uses in size traffic
im act a earance and other attributes.
3. That the use is treated under local state or
national codes or rules in the same manner as ermitted uses. Exce t
that these codes or rules shall not include land use or zonin
regulations.
~~ 4. That the use is consistent with the ur ose of the
district and the Cosa rehensive flan ma and olicies.
B. The plannin commission mas rule upon similar uses for
one or more districts either when a similar use is ronosed or at the
time of amendments to the zonin text or zonin ma The cit shall
maintain a record of rulin s on similar uses.
17.64,190 Home Occupations,
A. Purpose and Scope. The intention of the home or_cupatzon permit far
residential zones is to provide for a limited service-oriented bus:i.ness acta.vity
which is conducted in such a manner that the resicential character of the
building and the neighborhood is preserved.
B. Permit Transfers. No permit for a Name occupation shall be transferred
or assigned, nor shall the permit authorize any person other than named therein
to commence or carry on the occupation t'ar which the permit was issued.
C, Permit Required. The Gity Adm~.nistrator or his designate shalJ_ Issue a
home occupation permit if, and only if, he finds that all of the fallowing
criteria are, and will. he, met by the individual applicant. 'I'he permit may
include conditions setting an expiration date requiring periodic review and
renewal, requiring the applicant to sign an acknowledgement of the conditions,
or other conditions specifical_1y dealing with the property use involved where
such conditions are found to be reasonab:Ly necessary to maintain the criteria
herein mentioned.
1. The home occupation must be conducted sol.el.y within the confines
of an accessary structure or the main dwelling and, i.f t,Tithin the main dwelling,
the home occupation shall oat exceed ten percent of the fatal floor area;
2. Carports sha11 not be used .for the home accupatiorz. A portion of
a garage may be used .for. the home occupation only if the applicant can show that
there will be no resulting loss in the number of required off-street parking
spaces;
3. No sigzts associated with such a use shall be permitted;
4. The occupation shall be conducted by a member ar members of tl~e
family residing on the property as an incidental use to the primary residential
use. iVo additional person or persons shall be employed;
5. Tn conducting the home occupation, there shall be no mechanical
noise so laud, unusual, or penetrating as to cause discomfort ar annoyance to
adjacent residents; no such noise shall be perceptible on any ad3acent property;
6. The home occupation shall not have utility services other than
those required .for normal residential use;
7. There shall. be no entrance oar exit specifzcal3_y provided in the
dwelling or on the premises for the conduct of the home occupation with the
exception of when it is necessary to comply with state law;
8. The home occupation shall not encourage customer or client visits
to the dwelling that would result in neighborhood vehicular traffic levels above
those levels generated by the residential uses;
9. The electrical, plumbing, or structural elements of the dwelling
shall not be significantly altered in order to accommodate the home occupation;
I0. 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.
l~. Fee lequired. At the time of application to the City Administrator ar
his designate for a home occupation permit, the applicant is required to pay in
addition to an annual business license fee an application twenty five dollars.
This application fee is nonrefundable.
)w. Revocation. The permit may be revoked by the City Administrator for
violation of any conditions imposed or authorized, or whoa 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
nccugation is being carried out by a person other than that named on the permit.
The City Administrator, before revoking a permit, sha11 give the permittee
reasonable notice and an opportunity to be heard.
F, Appeai.. Any applicant or ai:fected or concerned property owner has the
right to appea]. the decision of the City Administratar. or his designate to the
Planning Commission iii the manner provided by Section 17.b0.i7() of this code,
G. Existing Uses. Persons engaged in home occupations ~.awfut].y in
existence on residentially-o~rned premises on the effective date of the amendment
codified in this section may continue to thus operate but shall be required to
secure a germ it hereEZn.der, and any sF.~ch activity, use, or accessory s~.gn, device
or structure, or part thereof, ~,rhich does not conform to this section sha1.1 not
be permitted to expand or en7_a~-ge and sha11 be removed or terminated. upon (1)
change of use or ownership of the premises; or (2) written comp~_a~nt of adjacent
property owners after due notate and nearing of t~~e City Administrator finds
that the interference with the case and enjoyment of the neighboring premises is
such as to defeat the purpose of the zoning ordinance.
I7,60.160 Maintenance of ;ninimum reouirements. No lot
ar.e~z$ ~rard or other open space or required off-street parking or
loada.ng area existing an or after the effective date of the ordinance
codified in this title shall be reduced in area dimension or size
belo~~ the minimum required by this title, exce~t_as provided in
Chap~:er 17.68 or Chapter 17,80. Nor shall any lot area, yard or
other open space or nff-street parking or loading area which is
requ~.red by this title for one use be used as the lot area, yard or
other off--street parking or loading area which is required by this
title_for one use be used as the lot area, yard or other open space
or off-street parking or area requirement for any other use, except
a_.,s~~;~vided in Section I7.64.06Q.
._-~_-_ 17.60.170 Appeal of administrative decisions.
_ -~ A. The planning commission shall have the Bower to hear and
decide appeals based on the enforcement or intergretatinn of the
provisions of this title.
B. Any appeal from a decision relating to the enforcement
or.interpretation of this title, unless otherwise specifically
provided for in this title, shall be in writing, and shall be filed
with the planning commission within jfifteen] ten daps after such
decision; such appeal shall set forth the reasons therefor.
C. The planning commission shall consider such appeal and
render its decision within jsixty] forty days after the filing
thereof.
D. In case an applicant is not satisfied with the action
of-the planning commission on his appeal, he may, within jfifteen]
ten days after the action of the planning commission, appeal in
writing to the city council.
E. Notice shall be given to the planning commission of such
appeal and a report shall be submitted to the city council setting
forth the reasons for action taken by the planning commission or it
shall he represented at the council, meeting.
F. The cite council. shall render its decision within
jsixty] forty days after the filing of such appeal. (~rd. I436 S2
(part}, 1981).
I7.64.100 Parkin.g,.,.design requirements,.
A. Driveways. ~~
1. 1n any R-L, R-I, or R-2 district, any lot developed
with a single-family dwelling, two detached single--family dwellings,
or an attached duplex may have one driveway with a minimum width of
ten feet and maximum width of thirty-six feet, provided the driveway
width does not exceed fifty percent of the lot1s total width, as
measured at the front property line.
4. Sn the R-L, R-I and R-~2 districts, not more than
one driveway opening onto a public street shaJ.~. be permitted for lots
having a street frontage of less than eighty fEet,
17.70.010 Descri tion and ur~ose. It is t}ie public policy
of the city that the protection, enhancernent, perpetuation and
continued use of sites and improvements of a special historic~r7. or
[aesthetic] architectural. interest or value is in t}re 1}est ~.nter.c~strs
of the community. Also, the preservation of significant- hist_nrir_
sites and buildings is a commun:f_ty respor7sihi:l_i.ty ar-rd related
implementing measures are required by the state of Oregon and }3y
Statewide Planning Goal No, 5, 'I'ht~ purpose of this suction are to:
A. Provide for the preservation and protection of sites and
improvements within the community of Central Point that reflect or
represent elements of the city's cultural, social, economic,
political or architectural history;
B, Safeguard the city's historic, [aesthetic] architectural
and cultural heritage as embodied and reflected in such improvements
and areas;
C. Complement the efforts of the Southern Oregon }iistorical
Society, State of Oregon and other organizations or individual
efforts aimed at historical preservation;
17.70,020 Definitions. F'or the purposes of this chapter,
the following terms are defined:
F. The applicant ay appeal a decision of the historic
review board to the city council if the appeal is in writing and
submitted within [fifteen] ten calendar days of the board's decision.
G. An appeal €nay also be made to the city council of a
board decision by a person or persons other than the applicant if
presented in the same manner as specified in subsection }~ above.
}3uilding permits shall not be issued during t}ie [fifteen] ten day
appeal period. (Ord. 1532 S1 (part), 1984).
17.72,020 Required. Approval. of the site plan, the
landscaping plan and~the construction plans shall, be made by the
plann~,ng commission under this chapter for the construction, or
exterior reconstruction [or repair] of [any improvements or]
improvements requiring a building permit under the ordinances of the
city. Properties located in R-Is or R-1 districts shall be reviewed
and approved by staff unless [and] referred to the planning
commission when unusual features or circumstances of the site or
building could result in an [potentially) adverse impact on tl~.e
neighborhood or adjacent properties. When the sitin of a structure
has the otential, to interfere with future streets extended from
subdivided or partitioned lands such site fans shall be b'
a rova t}ie Plannin Commission iVo building permit shall be
issued until approval, as provided in this chapter, fias been obtained
for any building or structure requiring plan approval according to
t}ie provisions of this title.
37.76._040_Inforr~ation required, 1'he planning commission in
granting a conditional use permit shall find as fo~.lows:
C. That the proposed use Will have no significant adverse
effect an abutting property or the permitted use thereof. In making
tha.s determination, the commission shall consider the proposed
location of improvements on the site; vehicular ingress, egress and
internal circulation; setbacks; height of buildings; walls and
fences; landscaping; outdoor lighting; and signs;
D. That the establishment, maintenance or operation of the
use applied for will compl9 with local., state and federal health and
safety_re~ulations~and therefore Wilt not be detrimental to the
health, safety or general welfare of persons residing or working the
surrounding neighborhood and will not be detrimental ar injurious to
the property and improvements in the neighborhood or to the general
welfare of the community based on the review of those factors 3.isted
in subsection C above;
- ~. That any conditions required fnr approval of the permit
are deemed necessary to protect the public health, safety and general
welfare and may include:
1. Adjustments to lot size or Yazd areas as needed to
best accomodate the proposed use provided the lots or yard areas
conform to the stated minimum dimensions for the subject zoning
district, unless a variance is_also~ranted as provided for in
Chapter 17,80.
_ 2. Increasing street widths, [or] modifications in
street designs, o~__add~.tion^of__str,eet ,suns or traffic__s_i n~ aZs to
accommodate the traffic generated by the proposed use,
3. Adjustments to off-street parking requirements in
accordance with any unique characteristics of the proposed use,
4. Regulation of points of vehicular ingress and
egress,
_._ 5. Requiring landscaping, irrigation systems,
lighting, and a property maintenance program,
6. Regulation of signs and their locations,
T. Requiring fences, berms, walls, or other devices to
eliminate or reduce the effects of noise, vibrations, odors, or other
undesirable effects on surrounding properties,
8. Regulation of time o_f operati.ons for certain types
of uses jwhen] if their operations may adversely affect privacy of
sleep of persons residing nearby or otherwise conflict with other
community or neighborhood functions,
9. Rstablish a time period within which the subject
land use must be developed,
10. Requirement of a bond or other adequ_at~ assurance
--- - _ - -
Within a specified period of time.
I1. Such other conditions that are found to be
necessary to protect the public health, safety and general welfare,
__ l2. In considering an appeal of an application for a
conditional use permit for a home occupation, the planning commission
shall review the criteria listed in Section l7.bO.l9O (Ord. 1533 S1,
1984: Ord, 1436 S2 (part), 1981).
17,76.070 Revocation,
A, The commission, on its own motion, at a public hearing,
may revoke any conditional. use permit for noncor~p3.iance with the
conci~.tions set forth in granting said permit. Notice of public
h~:r~.~~ ~.r.~g shal3. be given as in Chapter ~._'-24.
B. if an established time limit for development expires and
ne:~ r~~:ension has been granted, the conditional use permit shall be
considered void. {Ord, 1436 SZ (part}, 1981}.
17.75.080 Appeal.. The decision of the planning commission
ma;4 be appealed to the city council in the manner prescribed by
Chapter j17.84~ 1,24. (Ord. 1435 52 (part}, 19$1}.
17.76.090 Effect. No building permit shall be issued in
any case where a conditional use permit is required until. jfifteen]
ten days after the granting of the conditional. use permit, and then
only in accordance with the terms and conditions of said permit. An
appeal from the action of the commission shall automatically stay the
issuance of the building nr other permit until such appeal has been
completed and the council has acted thereon. In the event the
council jsets to] grants said conditional use permit, the building
permit map jbe] issue[d] immediately [thereafter], in accordance with
such terms and conditions as may have been imposed in said permit.
(Ord~.3.436 S2 (part), 1981}.
Chapter 17.80
vauTaur~~.c
17.80.OI0 Variances.
D. Consideration for Granting Variance. A variance ray be
granted if fa.ndings are made that the fallowing considerations will
either result from a granting of the variance or the fnllor~ring
cons~.derations 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 provide beautification to the
neighborhood or the city;]
3. [The variance will provide safety to the
neighborhood ar the city;
4. [The variance wi1.l provide protection to the
neighborhood or the city;]
2. The variance will not have any si nificant adverse
impacts upon. the neighborhood;
3. The variance will utilize property within the
intent and purpose of the zone district.
Czrc~ms~ance_s _affec,t„ he property that generally do
- - - .. t.,... ,_ _ _,. ,_.....,.,._._,
not a ~. to,nther ro ert in the same znnin district.
5, The conditions for which the variance is re uested
were not se_ -lmpased through the applicant _he
ac__t~.on_s_ of the .applicant' s agents, empl' . "'°~ •• ~ s,_ow~t actions, nor t
a ar family member ~~.
gees, s
(Ord. 1464 S1, 1982: Ord. 1436 S2 (part), 1981)
17.80.020 Staff a royal of minor variances. The cite
staff ma a rave a minor variance in cases where it is ten ercent
or.~._e.s.s of__the code requirement, and the variance requested is the
minimum necessa~ ~o_ _resol.ve anp hardship which is the -'._,_._,._,.__
basis of the
request.
1 .9 .030 Ma or revzs~.
_ _ _ _ ~ _ ,.; ons and minor chazages.--Time for
hearing. In accordance with state--wide planning goal two, proposed
amendments to the comprehensive plan shall be categorized as either
major revisions or minor changes under the goal two definitions of
said terms. Proposals far major revisions shall be processed, as
provided for in this chapter, not more than every [two] January of
even-numbered pears, and proposals for minor changes shall likewise
be processed not more frequently than ~once~ each [years January,
[on a schedule of hearing dates to be established by the city council
by ordinance. ~ratwa.thstandin the schedule set forth in this
section a licatinns for lan amendments ma be rocessed
concurrentl~r with applications far annexation under Chapter 1.20.
(ord. 1436 S2 {part), 1981).
~XfiIBI.'T C•
Chapter 17.68
PLANNED UNrT DEVELO,P,M~NT ,.•(PUD)
Sections•
Il./3/87
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.b8.080 Exceptions to the zoning and subdivision titles.
17.b$.090 Accessory uses in a planned unit development.
17.b8.100 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 Pur ose. 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 and environmental preservation by allowing a
variety of buildings, structures, open spaces, allowable heights, and
setbacks of buildings and structures. A PUD should have a harmonious
variety of uses, utilize the economy of shared services and
facilities, and reduce municipal casts of operating and maintaining
services while insuring substantial compliance with the district
regulations and other provisions of this code.
17.68.020 Size of the fanned unit develo went PUD site.
A. A PUD shall be on a tract of land five acres or larger,
except that a PUD may be on a tract of land of more than one acre but
less than five acres if the planning commission finds, upon a showing
by the applicant, that a PUD is in the public interest because one or
more of the following conditions exist:
- 1. 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 conserved and still leave the landowner equivalent use
of the land by the use of planned unit development.
2. The property or its neighborhood has historical.
character or distinctive features that are important to the community
and that could be protected or enhanced through use of a PUD.
3. The property is adjacent to or in the immediate
vicinity of a planned unit development of similar design as that
proposed and the developments would complement each other without
significant adverse impact on surrounding areas;
4, The property is of irregular shape, with limited
access, o.r has unusual dimensions or characteristics which would make
conventional development unreasonably difficult and expensive.
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I7.68.030__AQgli_cation and review.
A. Appiications and review of PUlas shall conform to the
provisions of Chapter 1.24 of this code and all applicable laws o£
the state. The application shall be accompanied by a filing fee as
set by City Council. In the event the City incurs expenses in
processing the proposal which exceed the amount of the filing fee,
payment to the City of expenses in excess of the filing fee shall be
__~ a condition of final acceptance of the PUD by the City.
$. 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 (90) daps Pram the date of accepting the completed
application, excluding such time as map be necessary to complete any
amendments initiated by the applicant. In taking action, the
commission map 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.
17,68,00 Criteria to rant or den 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
Brea, 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.
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E. That traffic congestion will not likely be created by
t~xe proposed development or will be obviated by demonstrable
provisions in the plan for proper entrances, exits, internal traffic
circulation, and parking.
F. That commercial development xn a PU17 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.
H. `The PUD preserves natural features such as streams and
shorelines, wooded cover and rough terrain, if these are present.
T. 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.
I7.b8.050 Preliminar develo ment Ian. 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 fallowing:
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 r-e served for public streets, parks, parkways, parking, pedestrian
ways, playgrounds, school sites, public buildings and similar public
and semipublic uses;
C. A plot plan to scale for each building site and common
open space area, showing the approximate location of buildings,
>tructures, landscaping, and other improvements and indicating the
open spaces around buildings and structures;
_ D. Elevation and perspective drawings of proposed
~fructures;
E. A development schedule indicating:
- ~.. The approximate start date of construction.;
2. The stages in which the project wall be built and
the approximate start date of each stage;
3. The anticipated rate of development;
4. The approximate completion dates for each stage;
_- ~. The area, location and degree of development of
common open space that will be provided at each stage;
F. Agreements, provisions or covenants which govern the
use,""maintenance and continued protection of the planned unit
development and any of its common open space areas;
" ~ G, The fOllflWing plans and diagrams either separately or
contained on the figures contained in A through D above:
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
a.nsure the safety of this circulation pattern shall be shown;
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orientation
and to the
H.
3. A landscaping and tree plan;
4. An economic feasibility report or market analysis,
5. A solar orientation plan showing the general
of buildings and roof slopes to each other, to streets,
landscaping and tree plan.
Other pertinent information shall be
planning commission finds necessary to determine
desirable requirements that may differ from those
-- applicable under this title.
included as the
any appropriate and
ordinarily
17.b$.060 _Fina1___development plan.
A. Within six months following the approval of the
preliminary development plan, the applicant shall file with the
planning commission a final development plan containing in final form
the information required in the preliminary plan. In its discretion
and for a good cause, the planning commission may 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 apprnval of the final development plan.
C. Within thirty (34} daps after the granting of a permit
for 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.
17.b$.070 Control of the PUD during and after_completion.
Tf the planning commission finds~evi~dence of a major deviation from
the preliminary or final development plan, the planning commission
shall advise the applicant to submit an application 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
qn 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 sha11 be
governed by the approved final development plan.
C. After the certificate of completion has been issued, na
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.
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A. Amendments to a completed p~.annec 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 is~ 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 shah. be
considered as a waiver of the covenants limiting the use of the land,
buildings, structures and improvements within the area of the PUD.
-= _ Ali r-fights to enforce these covenants against any change permitted by
this section are expressly reserved.
].7.68.0$0 Exce bons to Zonin and Subdivision Titles. The
planning commission may allow 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 demonstratinn, 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 he required between buildings developed under
this chapter on separate parcels outside a PUD, other design 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 {SO) feet of the
houndarp lines of the development.
C. The planning commission may approve huilding 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 abutt3.ng 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 wi11 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 preliminary map under Chapter 17.72 if the materials
are presented in the manner prescribed by the subdivision title.
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17.68.090 Accessor uses in a canned unit develo meat.
In f~ddition to the accessory uses typical of ttae primary uses
authorized, accessory uses approved as a part of a planned ~~nit
development may include the following uses;
A. Golf course;
$. Private park, lake, or waterway;
C. Recreation area;
D, Recreation building, clubhouse, or social hall;
~- ~ E. Other accessary structures which the planning commission
finds are designed to serve primarily the residents of the PUD, and
are compatible with the design of the planned unit development.
17.6$.100___ Dens„xt;~,_banus. A. Within a PUD, the planning
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commission map 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 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. Far purposes of this section, residential base densities
to which the allpwable percentage adjustments map be applied are:
MA~xMUM DENSITY
ZONING DISTRICT OF PUD PER GROSS ACRE
R~L Residential Low Density 2.0 dwelling units per acre
~~7-1-6 Residential Single-Family 6.0 dwelling units per acre
R-1-8 Residential Single-Family 5.0 dwelling units per acre
R-1~-lfl 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 Mediu m 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.
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17.68.110 Common o en s ace. 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 PUDTs
~" 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 map be left unimproved. The buildings, structures and
improvements in the common open space shall be appropriate to the
uses proposed for the Gammon open space.
~. 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
improvements will be completed. The city administrator shall release
the bond or other assurances when the buildings, structures and other
improvements have been completed according to the development plan.
B. Land shown on the final development plan as common open
space shall be conveyed under one of the following options at
planning commission discretion:
1. To a public agency which agrees to maintain the
common open space and any buildings, structures or other improvements
which have been placed on it;
2. To an association of owners or tenants, created as a
nonprofit corporation under the laws of the state, which shall adapt
and impose articles of inc.orpo.ration and bylaws and adopt and impose
a declaration of covenants and restrictions an the common open space
that is acceptable to the planning commission as providing for the
continuing care of the space. Such an association sha11 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. Ail rights to enforce these
covenants agai-nst any use permitted are expressly reserved.
D. Yf common open space is oat 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.
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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. These 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 yr improvements within the street right-of-way;
F. Designating size, location, screening, drainage,
surfacing or other improvement 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;
Z. Requiring diking, screening, landscaping or another
facility to protect adjacent yr 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.
17.b8.130 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 map be required by the
planning commission.
$. Pedestrian movement upon the site shall be encouraged
end 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 17.64.00 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 ar stalls.
There shall be no parking within turnaround areas or main driveways,
Visitors' parking shall be clearly identified and maintained.
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B. 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. 'trot 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. Tf 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 nff-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 he 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.
~. 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 cityts bicycle system plan. Bicycle
racks shall be provided for residents and visitors, and other
features that may required.
17.68.140 A eal 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
development based upon findings of noncompliance with the conditions
set Earth in granting said permit,
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~Dp THESE TO THE DEFTNTTTO~S IN 17.08.
A, "Common open space" means an area within a panned unit
development designed and intended far the use or enjayment of all
res3_dents of the development or for the use and enjoyment of the
public in general.
B. "planned unit development"(PHD) means the development of an
_ _ area of land as a single entity for a number of dwelling units or a
~~ number of uses, according to a plan which does not caxrespond in lat
sire, bulk or type of dwelling, density, lot coverage, or required
open space to the regulations otherwise required by this title.