HomeMy WebLinkAboutResolution 130 - Amend Zoning Title CPMC~, rc-
Planning Commission
Resolution ~~ 13O
A Resolution Recommending Amendments to the text of the Toning
Title of Central Point Munic~.pal Code authorising language
corrections, updates and clarifications; deletions of
superfluous language; elimination of sign content regulation;
modification of lot requirements :in certain residential zones;
moving and adding conditional uses to permitted uses in certain
residential zones; development requirements of flag lots;
specification of env~.ronmental, health and safety standards for
development in commercial and industrial zones; record keeping
requirements for non conforming uses; permitting streets,
highways and railroads in any district; establishing criteria
for determining similar uses; maintenance of minimum yard and
off_street parking and loading requirements; reducing appeal and
review periods; modification of site plan review criteria;
modification of conditional use criteria; modification o.f
variance criteria; and establishing a schedule for Comprehensive
Plan changes.
Whereas, Municipal Code Chapter 17.$$ allows the Planning
Commission to initiate an amendment to the text, and the
Planning Commission has identified a number of areas in need of
updating; and
Ldhereas, Notice of the Public Hearing held December 1, ].987 was
published in the Medford Mail Tribune on November 15 and
November 2 19$7; and
Wtzereas, at said public hearing testimony from proponents and
opponents was heard or given opportunity to be heard; now,
therefore,
Be It Resolved By The Planning Comm~.ssion of The City of Central
Point, Oregon As F'ollo~as:
Section 1 The Planning Commiss~.on finds it to be necessary to
correct, update and clarify language in various sections of the
Zoning t~.tle.
It is the recommendation of the Planning Commission to amend the
following Sections:
_1_
17.12.020 Zones--Classification. For tl~e purposes of this title,
the following zones are established i3~ the city:
Abbreviation District
R-L Residential low-density
R-1 Residential single-family
R-2 Residential two-family
R-3 Residential multiple family
C-1 Neighborhood convenience shopping
C-2 Commercial-professional
C-3 Downtown business district
C-4 Tourist and office professional
C-5 Thoroughfare commercial
M-1 Industrial
M-2 Industrial general
17.12.030 District--Loc
lasted in this title are the
the city zoning map of 1987,
boundaries sha11 be modified
amendments, which amendments
reference.
anon. The boundaries for each district
boundaries indicated for the district by
which is adopted by reference. The.
in accordance with zoning map
this section subsequently adopts by
17.12.00. Zoning_ maps. A zoning map or zoning map amendment
adopted by Section 17.12.030 or by an amendment to the Section sha11
be prepared by authority of the city planning commission or be a
modification by the city council of a map or map amendment so
prepared. The 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 ar map amendment. A certified print of
the adopted map or map amendment shall be maintained without change
in the office of the city administrator as long as the ordinance
codified in this title remains in effect.
17.12.060 Zonin of annexed area. All future annexations are
expected to include only lands within the cityTs urban growth
boundary (UGB}. The comprehensive plan of Central Point includes a
plan for future land uses within the UGB area. The zoning map
described in Section 17.12.030 is consistent with the comprehensive
plan and will determine the district into which a newly annexed area
is placed. The agpropraate zoning district shall be applied to the
area upon annexation.
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17.16.034 Conditional uses. The following uses and their
accessory uses are permitted in the R-l~ district when authorized in
accordance with Chapter 17.76:
A. Hame occupations subject to the provisions of Section
17.60.190.
Note; Ttems 17.16.030 (B) through {I) do not change.
17.20.030 _ Conditional uses. '.l'he following uses and their
accessory uses are permitted in an R-~, district wheal authorized in
accordance with Chapter 17.7b:
A. Home occupations subject to the provisions of Section
17.60.190;
B. Recreational uses, parks, and similar uses that are open
and available to the general public and intended to provide for 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;
E. Public and parochial early childhood development
preschools, nursery schools, Iindergartens or day care centers;
F. Museums;
G. The temporary placement of mobile homes on single lots for
the purpose of providing full.--time care for the infirm subject to the
provisions of Section 17.60.055.
1.7.28.020 Permitted uses. The following uses and their
accessory uses are permitted in the R-3 district:
A. Single-family dwellings;
B. Duplex and single-family attached dwellings;
C. Multiple family dwel.l.ings and dwelling groups;
D. Boardinghouses and raominghouses;
E. Public schools, parochial schools, kindergartens, but not
including business, dance, music, art, trade, technical or similar
schools;
li'. Public parks and recreational facilities;
G. Churches and similar religious institutions;
H. Developer's project office and sales office including
mobile homes and trailers adapted to that purpose during construction
of the project only.
I. Other uses not specified in this or any other district, if
the planning commission finds them to be similar to those listed
above and compatible with other permitted uses and with the intent of
the R-2 district as provided in Section 17.60.140.
17.36.070
C. Signs in the C--3 district shall be permitted and designed
according to provisions of Chapter 15.24 and with Section
X7.60.110.
Note: T'he rest of section 17.36.070 does not change.
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17.56.030_ C_las_si:fication_ criteria. All nonconforming uses
and structures ~a~.tlzin the City of Central Point shah. be classified
as either Class A or Class B nanconforming uses, according to tl~e
following criteria:
A. Properties containing noaaconf_orming uses or structures may
be designated Class A by the planning commission based upon fia~.dings
that all of the Poll.awing criteria apply:
17.56.040 Procedures for Class A designation.
A. All properties within the city of Central Point that meet
the classification criteria listed in Section 17.56.030 {A) or {B)
shall be identified on a map of the city kept in and maintaiaxed by
the planning department,
Section 2 The Planning Commission finds that certain words and
phrases do not contribute to the readability of the Zoning Title.
It is the recommendation of the Planning Commission to amend the
follawing Sections anal Chapter Ileadi.ngs:
17.28.080 Den~_ sib, Th,e following measurements indicate
maxa.mum permitted residential densa.ty in an R-3 district:
A. The comprehensive plan map shall govern all maximum
densities within the city. Zn some cases, the R-3 zoning district,
which is generally considered high density, is applied to areas that
are designated medium density on the comprehensive plan map, In such
cases, the following will apply:
I. 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 o£ the R--3 district will aPPlY
as in any other R--3 district.
Chapter 17.36
C--2, COMMERCIAL--PROFESSIONAL DISTRICT
Chapter 17 . G.8
M--1 INDUSTRIAL [,-LIMITED] DISTRICT
w4_
Section 3 fihe Planning Commission finds the need to eliminate
regu3.ation of sign content in the Toning Title due to recent court
rulings in this area.
It is the recommendation of the Planning Commission to amend
Sections:
17.36.070
C. Signs in the C-3 district shall. be permitted and designed
according to provisions of Chapter 15.24 and with Section
17.6x.110,
17.44._0.7.0 Signs and li~lttin~ of premises.
G. Signs in the C-4 district sha11. be permitted and designed
according to provisions of Chapter 1.5.24. and with Section 17.60.110.
17.46.070 Signs and lightin~__of Premises.,
C. Signs in the C-5 district shall be permitted and designed
in accordance with Chapter 1.5.24 and with Section 17,60.110.
17.48.080 Si ns. Signs within the M-1 district slxall be
limited to the following:
A.
1. Permitted 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;
2. bighted signs shall be indirectly illuminated and
nonflashing;
3. Identification signs shall be permitted within any
required setback areas provided it does not extend into or overhang
any parking area, sidewalk, or other public right-of~-way;
4. Signs located within vision clearance areas at
intersections of streets sha11 conform to Section 17.60.110
13. Signs advertising the property 'rfor rent" or "for 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 in the M--1 district shall be permitted and designed
according to provisions of Chapter 1.5.24.
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17.52.080 Signs. Signs within the M-2 d~.strict shall be
subject to the follawing limitations:
A. Lighted signs shalt be i~~directly illuminated and
nonflashing;
B. 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 wl~~i.ch can be utilized for
display purposes;
C. Signs advertising the property "for rent" or "for sale"
shall not exceed four square feet of area on any one side and one
such sign shall be permitted for each street frontage;
D. All signs must conform to the requirements of Chapter
15.24 and with Section 17.60.110 pertaining to vision clearances.
17.54.070 S~s_..~. All signs shall be designed for maximum
visual and aesthetic compatibility with the greenway environment and
are subject to planning commission review and approval., and the
requirements of Chapter 15,24 and Section 17.b0,110,
1.7.60.090 S ecial setback re uirements. 'To permit or afford
better light, air and vision on more heavily traveled streets, to
protect arterial streets and to permit the eventual widening of
streets, the following street setback lines are established along all
secondary and major arterial streets and highways, as identified in
the comprehensive plan. Na building, structure, or parking area
shall be erected or maintained between such setback line and the
street line.
A. In any residential district, the Bear Creek Greenway
district and the M-1 district the setback line shall be:
1. Sixty feet distant from the center line of any
secondary arterial. or highway;
2, Seventy feet distant from the cen.tex line of any
major arterial street or highway.
Section 4 'f he Planning Commission finds it necessary to modify the
area, width and lot requirements of the R-1 zone to encourage
development flexibility.
Tt is the recommendation. of the Planning Commission to amend the
following Sections:
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17.16.050 Area width and yard requirements. T`he following
lot requirements shall be observed in the R-L, district:
A. Lot Area. The lot area shall be a minimum of fifteen
thousand square feet.
B. Lot Width. The lot width shall be a minimum of
seventy-five feet.
C. Front Yard. The front yard shall. be a minimum of twenty
feet.
D. Side Yard. Side yards shall be a minimum of ten feet;
however, side yards abutting a street or a proposed or planned future
street shall be a minimum of twenty feet.
E, Rear Yard. The rear yard shall be a minimum of ten feet.
F. Notwithstanding the yard requirements of C. D. and E.
above, no dwelling shall be closer than. seventy-five feet (including
rights-of-way) to land zoned Exclusive Farm Use by JaclCSOn County.
17.20.050 Area, width and, ,.yard,_requirements.
The lot requirements of the R-1 zoning district are governed
by the subcategories of R-1-6, 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:
Devela ment Re uirements R-1-~6 R-1-8 R--1.-10
Min. Lot Area (interior)..... 6,000 8,000 10,000
Min. Lot Area (corner)....... 7,OOD 8,000 10,000
Min. Lot Width (interior).... 60 ft. 60 ft. 60 ft.
Min. Lot Width (corner),..... 70 ft, 70 ft. 70 ft.
Ma.n. 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.m 5 ft.~ 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 story.
Notwithstanding the yard requirements above and depending on
the location of the lot, special setback requirements may
apply as specified in Section 17,6D,090.
17.24.050
G. Notwithstanding the yard requirements above and depending
on the location of the lot, special setback requirements may apply as
specified in Section 17.60.090.
-7-
I7.28.050
G. Notwithstanding tl~e yard requirements above and depending
on the location of the lot, special setback requirements may apple as
specified in Section 17.60.090.
I7.52.070
D. Notwithstanding the yard requirements above and depending
an the location of the lot, special setback requirements may apply as
specified in Section 17,60,090.
I7.54.OS0 Area width and and re uirements. A11 areas
within the greenway are in public ownership or proposed for public
acquisition. Na minimum lot requirements are necessary for the tyges
of development that might occur within this district, except that
special setback requirements may apply as specified in Section
17.60.090.
17.60.090 Special setback requirements. To permit or afford
better light, air and vision on more heavily traveled streets, to
protect arterial streets and to permit the eventual widening of
streets, the .following street setback Tines are established along all
secondary and major arterial streets and highways, as identified in
the comprehensive plan. No building, structure, or parking area
shall be erected or maintained between such setback line and the
street line.
A. In any residential district, the hear Creek Greenway
district and the M-I district the setback Tine shall be:
1. Sixty feet distant from the center Tine of any
secondary arterial or highway;
2. Seventy feet distant from the center line of any
major arterial street or highway.
Section 5 the Planning Commission finds a need to move from
Conditional Use to Permitted Use and add to certain Conditional Uses
in the R~I, R-2, and R-3 residential zones to reflect changing needs
in the community.
It is the recommendation of the Planning Commission to amend the
follawing Sections:
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17.20.020 Permitted uses, The following uses and their
accessory uses are permitted in an R-1 district:
A. Single-family duelling;
B, Public schools, Barks a~~d recreation facilities;
C. Churches and similar religious inst:]_tutions;
~. Parochial and private schools, but not including business,
dancing, music, trade, technical or nursery schools, kindergartens or
day nurseries.
B. DeveloperTs project and
homes or trailers adapted to that
project only.
sales offices, including mobile
purpose, during construction of the
1~, Planned unz.C developments.
17._20.030 Conditional uses. The Following uses and their
accessory uses are permitted in an R-1 district when authorised in
accordance with Chapter 17.76:
A. Home occupations subject to the provisions of Section
17.60.190;
B. Recreational uses, parks, and sim~.lar uses that are open
and available to the general public and intended to provide For 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, trarehouses
and similar uses;
D. Museums;
;;. The temporary placement of mobile homes on single lots for
the purpose of providing full-time care for the inf~.rm subject to the
provisions a£ Section 17.60.055.
17.24.020 Permitted uses. The following uses and their
accessory uses are permitted in the R--2 district:
A. One-family and two-family dwellings;
k3. Public schools, parochial schools, kindergartens, but not
including business, dance, music, art, trade, technical or similar
schools;
C. Churches and similar religious institutions;
D. Public parks and recreational facilities;
E. Developer's project office and sales office including
mobile homes and trailers adapted to that purpose during construction
of the project only;
~'. Other uses not specified in this or any other district, if
the planning commission finds them to be similar to those listed
above and compatible with other permitted uses and with the intent of
the R-2 district as provided in Section 17.60.140.
-~9-
17.24.030 Conditional uses. 'I`he following rises and their
accessary uses are perm~.tted in the R~-2 district wheaa authorized by
the planning commission in accordance with Chapter 17.76:
A. Dome occupations subject to the provisions of Section
17,6o.1ga;
1i. Rest homes, nursing homes and convalescent homes;
C. Private recreational uses and facilities that are
compatible 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 util~.ty buildings, structures and uses,
but not including corporation, storage or repa~.r yards, warehouses
and similar uses;
B. Service, .fraternal and lodge organizations;
F, Dwelling groups composed of single--faanily and/nr 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;
l~. Planned unit developments in accordance with Chapter
17.68;
I. Public and parochial early childhood development
preschools, nursery schools, or day care centers.
17.28.020 Pern€itted uses. 'F he following uses and their
accessory uses are permitted in the R--3 district:
A. Single-family dwellings;
B. Duplex and single--family attached dwellings;
C. Multiple family dwelllings and dwelling groups;
D. Boardinghouses and roominghouses;
~. Public schools, parochial schools, kindergartens, but not
including business, dance, music, art, trade, technical or similar
schools;
F. Public parks and recreational facilities;
C. Clxurches and similar religious institutions;
H. Developer's project office and sales office including
mobile homes and trailers adapted to that purpose during construction
of the project only.
Z. Other uses not specified in this or any other district, if
the planning commission finds them to be similar to those listed
above and compatible with other permitted uses and with the intent of
the R--2 district as provided in Section 17.60.140.
-~ 10 --
17,28,030 Conditional uses. The following uses and their accessary
uses are permitted in the R-3 district when aut]-tori~ed by the
planning commission in accordance with Chapter I7.7b.
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;
17.32.020
F. Other uses not specified in this or any other district, if
the planning commission finds them to be similar to the uses listed
above and compatible with other permitted uses and with the intent of
the C-~1 district as provided in Section 17,60.140.
17.36.020
F. Other uses not specified in this or any other district, if
the planning commission .finds them to be similar to the uses listed
above and compatible with other permitted uses and with the intent of
the C-2 district as provided in Section 17,60,140.
17.40.020
I. Other uses not specified in this or any other district if
the planning commission 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 provided in Section 17.60.140.
17.44.020 Permitted uses.
B. 15. Other uses oat specified in this or any other
district, if the planning commission finds them to be similar to the
uses listed above and compatible with other permitted uses and with
the intent of the C--4 district as provided in Section 17,60.140.
-11--
17.48.020 Permitted uses. Tt~e following uses and their
accessory uses are permitted in an M-1 district, subject to the
limitations imposed in Section 17.48.030:
T. Developer's project and sales offices, .including mobile
homes adapted to that purpose, durl.ng construction only.
U. Planned unit developments, subject to the provisions of
Chapter 17.68;
V. Other uses not listed in this or any other district, if
the planning commission finds them to be similar to those listed
above and compatible with other permitted uses and with. the intent of
the M-1 district.
Section 6 The Planning Commission finds tl~e need to clarify access
requirements for flag lots in the R-2 and R-3 residential zones.
It is the recommendation of the Planning Commission to amend
Sections:
17.24.080 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, and:
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 less than twenty
feet taide shall be provided from the street fronting the lot to the
rear dwelling or dwellings on the lot; and
C. Primary access to each dwelling unit is not gained through.
an alley for either pedestrians or vehicles.
17,28,085 Restrictions on additional dwellin 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 and:
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 less than twenty
feet wide shall be provided from the street fronting the lot to the
rear dwelling 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 is not gained through
an alley for either pedestrians or vehicles.
~-12-
Section 7 The Planning Commission f~,nds it necessary to replace the
existing vague references to possible environmental problems with
requirements for compliance with applicable state and federal
environmental, health and safety regulations.
It is the recommendation of the Planning Commission to amend
Sections;
17.32..D6.0 General requirements
A. Uses that are normally .., _,_.~
permitted in the C-1 district but
that are referred to the planning cammissian for further review, per
Section J.7.32.030 (B), will be handled according to application
procedures for conditional use permits.
B. No use shall be permitted and no process, equipment or
materials shall be used unless in compliance with all applicable
state and federal environmental, health, and safety regulations.
C. All 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.
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 or equipment shall be stored to a height greater than
that of the wall.
B. Wherever the side or rear property Tines of a parcel in
the C-I district abut parcels in a residential (R) district, a solid
wall ar fence, vine-covered open fence or compact evergreen hedge six
feet in height shall be located on that property 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 an the C-1 parcel.
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17.36.060_ General requir_e_ments.
A. Uses that are normally 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 far conditional use pez-mits.
B, No use shall be permitted and no process, equipment or
materials sha11 be used unless in compliance with all applicable
state and federal. environmental, health, and safety regulations.
C, All 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, ar specially permitted outdoor sales.
17.40.,O.b.O General.._r~uirements.
A. 1:Tses thatWare ~~normally permitted a.n the C--3 district but
that are referred to the planning commission for further review, per
Section 17.40.030(L), 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 unless in compliance with all applicable
state and federal environmental, health, and safety regulations .
C. A11 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.
17.46.060 General re uirements.
B. No use shall be permitted and no process, equipment or
materials shall be used unless in compliance with all applicable
state and federal environmental., health, and safety regulations,
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17.48.030 Standards for permitted uses. All uses within the
M~1 district shall be subject to the following conditions and
standards:
A. All raw materials, finisE~ed products, machinery and
equipment, with the exception of automobiles and trucks normally used
in the business, shall be stored within an e-itirely enclosed building
ar sight-obscuring, nonpierced fence not less than six feet zn
height.
F3. The facility shall be in compliance with a11. applicable
state and federal environmental, health, and safety regulations.
C. All open areas utilised by vehicles, or used as sales or
storage areas, shah. be surfaced with rock or pavement or otlZercaise
treated so that no dust is created by the uses.
l~. In any M-1 district directly across a street from any
residential (R} district, all outdaor parlting, loading, or display
areas shall be set back at least ten feet Pram tl~.e public
right-of-way and this setback area shall be planted with trees
appropriate for 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
comprehensive plan as a major arterial.
1.7.52.040 Standards for permitted and conditional uses. All
uses within the Nl-2 district shall be subject to the following
conditions and standards:
A. The facility shall be in compliance with all appl.~.cable
state and .federal environmental, health, and safety regulations.
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
shall be a minimum o£ 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, i£ found to be
effective by the planning commission.
-i5~
Section 8 ~'he Planning Commission finds the need to clarify and
modify regulations on non-conforming uses.
Zt is the recommendation of the Planning Gominissior~ to amend the
following section .
17.56.060 Regulations ~ertainin to Class A and 13
nOnCOnfOrml.n uses. ~~
A. The following regulations shall apply to all designated
Class A nonconforming uses and structures:
2. Bxisting legal nonconforming structures and uses
shall be permitted to expand, remodel, or otherwise be physically or
structurally improved, provided such improvements are in accordance
with all applicable codes in effect at the time of the improvements.
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 moved on the lot, altered or enlarged, nor
shah. 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. Nothing contained in this title shall require any
change in the plans, construction, alteration or designated use of a
structure for which a valid building permit existed prior to the
adoption of the ordinance codified ~.n this title, except that if the
use will be nonconforming and designated Class B, it shall be subject
to all appropriate provisions of this section and shall be considered
discontinued if not in operation within one year of the date of
issuance of the building permit.
7. Tf a Class B nonconforming structure containing a
nonconforming use is removed from a lot, any future structure on that
property shall conform to the regulations for the district in which
the lot is located.
Section 9 The Planning Commission finds a need to permit streets,
highways and railroads in all districts in order to be consistant
with the per~na~tted use of "public utilities" in said districts.
Tt is the recommendation of the Planning Commission to add the
following section:
17.60.025 Transportation Faci,l„i ties. The erection,
construction, alteration or maintenance by public utility or
municipal or other governmental agencies of public roads and highway
facilities or railroads within public or public utility rights of~-way
and including the widening or replacement of bridges, pavement,
curbs, gutters, traffic signs and signals, grade crossing lights,
gates and signals, sidewalks, bicycle lanes and paths, bus stops,
fencing, guard rails, median barriers, lighting and similar
improvements in connection therewith, but not including buildings,
shall be permitted in any district.
-16~-
Section 10 The Pla€~ning Commission finds it necessary to expand the
criteria for "similar uses" in order to provide fox objective review.
Tt is the recommendation of the Planning Cammissiion to amend the
fallowing section:
17.60.140 Authorization for sim~.lar uses. `The planning
commission may rule that a use, not specifically named in the
examples of allowed uses of a d~.strict shall be included among the
allowed uses, if the use is of the same general type and is similar
to the permitted uses,
A. The planning commission in ruling upon similar uses shall
find as follows;
1. That the use is closely related to listed uses and can
been shown to exist compatibly wa.th those uses;
2. That the use was not anticipated or known to exist an the
effective date of this ordinance, either because it involves
products, services, ar activities not available in t31e community at
that time or the use involves new products, services or activities
that are nonetheless similar to permitted uses in s~.ze, traffic,
impact, appearance and other attributes.
3, That the use is treated under local., state or national
codes or rules in the same manner as permitted uses. laxcept that
these codes or rules shall not include land use or zoning
regulations.
4. That the use is consistent with the purpose of the
district and the Comprehensive Plan map and policies.
B. The planning commission may rule upon similar uses for one
or €nore districts either when a similar use l.s proposed or at the
time of amendments to the zoning text or zoning map. The city shall.
maintain a record of rulings an similar uses.
Section 11 The Planning Commission finds a need to clarify when
minimum lot areas, yards and off street parking or loading areas are
to be provided.
It is the recommendation of the Planning Commission to amend the
following section:
17.60.150 Maintenance of minimum re uirements. No lot area,
yard or other open space or required off-street parking or Loading
area existing on or after the effective date of the ordinance
codified in this title shall be reduced in area dimension or size
below the minimum required by this title, except as provided in
Chapter 17.58 or Chapter 17.80. Nor shall any lot area, yard or
other open space or off--street parking ar loading area which is
required 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 ar other open space
ar off--street parking or area requirement for any other use, except
as provided in Section 17.b4,050.
-17-
section 12 The Planning Commission finds it necessary to shorten
appeal periods in order to meet the 120 day statutory limit on
processing land use applications.
It is the recommendation of the 1lanning Gnmmission to amend the
following sections:
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 interpretation 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 ten days after such decision; such appeal
shall set forth the reasons therefor.
C. The planning commission shall consider such appeal and
render its decision within 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 ten days after
the action of the planning commission, appeal in writing to the city
council.
E, Notice sha11 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 be represented at the council meeting.
~. The city council sha11 render its decision within forty
days after the filing of such appeal.
17.72.020 Required. Approval of the site plan, the
landscaping plan and the construction glans sha11 be made by the
planning commission under this chapter for the construction, or
exterior reconstruction of improvements requiring a building permit
under the ordinances of the city. Properties located in R-~ or R-1
districts shall be reviewed and approved by staff unless referred to
the planning commission when unusual features or circumstances of the
site or building could result in an adverse impact on the
neighborhood or adjacent properties. When the siting of a structure
has the potential to interfere with future streets extended from
subdivided or partitioned lands, such site glans sha11 be subject to
approval by the Planning Commission. No building permit shall be
issued until approval, as provided in this chapter, has been obtained
for any building or structure requiring plan approval according to
the provisions of this title.
17.76.090 effect. No building permit shall be issued in any
case where a conditional use permit is required until 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 or other permit until such appeal has been
completed and the council has acted thereon. In the event the
council grants said conditional use permit, the building permit may
issue immediately in accordance with such terms and conditions as may
have been imposed in said permit.
-18~
Section 13 The Planning Commission finds it necessary to clarify
site plan review procedures to exempt repairs and interior remodeling
and allow staff review a.n R-L and R-I distracts.
It ~.s the recommendation of the Planning Commission to amend the
following sections:
17.72.020 Re uired. Approval of the site plan, the
landscaping plan and the construction plans shall be made by the
planning commission under this chapter for the construct~_on, or
exterior reconstruction of improvements requiring a building perm~,t
under the ordinances of the city. Properties located in }2-L or K-1
districts shall be reviewed and approved by staff unless referred to
the planning commission when unusual features or circumstances of tl-~e
site or building could result in an adverse impact on the
neighborhood or adjacent properties. X~hen the siting of a structure
has the potential to interfere with future streets extended from
subdai.vided or partitioned lands, such site plans shall be subject to
approval by the Planning Commission. No building permit shall be
issued until approval, as provided in this chapter, has been obtaa.ned
for any building or structure requiring plan approval according to
the provisions of this title.
Section 14 The Planning Commission finds it necessary to clarify
standards and procedures involving review and processing of
conditional use permits.
It is the recommendation of the Planning Commission to amend the
following sections:
17.7b.040 Information-required. The planning commission in
granting a conditional use-permit shall find as follows:
C. That the proposed use wall have no significant adverse
effect on abutting property or the permitted use thereof. In making
this determination, the commission shall consider the proposed
locata.on 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 comply with local, state and federal health and
safety regulations and therefore will not be detrimental to the
health, safety or general welfare of persons residing or working the
surrounding neighborhood and will not be detrimental or injurious to
the praperty and improvements in the neighborhood or to the general
welfare of the community based on the review of those factors listed
in subsection C above;
.~19-
E. That any conditions required for 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 yard areas as needed to
best accommodate the proposed use provided the Tats or yard areas
conform to the stated minimum dimensions for the subject zoning
district, unless a variance is also granted as provided for in
Chapter 17.80.
2. Increasing street widths, modifications in street
designs, or addition of street signs or traffic signa3.s 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,
7. Requiring fences, berms, walls, or other devices to
eliminate or reduce the effects of noise, vibrations, odors, or other
undesirable effects on surrounding properties,
$. Regulation of time of operations for certain types
of uses if their operations may adversely affect privacy of sleep of
persons residing nearby or otherwise confl:l.ct with other community or
neighborhood functions,
9. Establish a tune period within which the subject
land use must be developed,
10. Requirement of a bond or other adequate assurance
within a specified period o£ time.
11, Such other conditions that are found to be
necessary to protect the public health, safety and general welfare,
12. Tn 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 17.60.190
17.76.070 Revocation.
A, The commission, on its oi~n motion, at a public hearing,
may revoke any conditional use permit for noncompliance with the
conditions set forth in granting said permit. Notice of public
hearing shall be given as in Chapter 1.24.
B. If an established time limit for development expires and
no extension has been granted, the conditional use permit shall be
considered void.
17.76.080 Appeal. The decision of the planning commission
may be appealed to the city council in the manner prescribed by
Chapter 1.24.
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Section 15 The Planning Gommission finds it necessary to modify the
review criteria for processing variances and to add a provision for
review of minor variances,
It is the recommendation of the Planning Commission to amend the
following sections:
17.80.010 Variances.
D. Consideration for Granting Variance. A variance may be
granted if findings are made that the following considerations will
either result from a granting of the variance or the following
considerations do not apply to the requested application:
1. The variance will provide added advantages to the
neighborhood ar the city; such as beautification, or safety,
2, The variance will not have any significant adverse
impacts upon the neighborhood;
3. The variance will utilize property within the
intent and purpose of the zone district.
4. Circumstances affect the property that generally do
not apply to other property in the same zoning district.
5. The conditions for which the variance is requested
were not self-imposed through the applicant's own actions, nor the
actions of the applicant`s agents, employees, or family members.
17,80.020 Staff a royal of minor variances. The city staff
may approve a minor variance in cases where it is ten percent or less
of the code requirement, and the variance requested is the minimum
necessary to resolve any hardship which is the basis of the request.
Section 16 The Planning Commission finds a need to develop a revised
schedule for review of Comprehensive Plan changes to avoid yearly
adoption of unneeded hearing dates.
It is the recommendation of the Planning Commission to amend the
following section;
17.96.030 Ma 'or revisions and minor than es--Time for he~ar_ ice,. 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 for major revisions shall be processed, as provided for in
this chapter, not more than every January of even-numbered years, and
proposals for minor changes shall likewise be processed not more
frequently than each January. Notwithstanding the schedule set forth
in this section, applications for plan amendments may be processed
concurrently with applications for annexation under Chapter 1.20.
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Section 17 the Planning Commission finds it necessary to condense
and clarify the Planned Unit Development (PUD) review criteria to
expedite the processing and general administration of.- this
development option.
1t is the recommendation of the Planning Commission to amend Chapter
17.08 and 17.68 of the Central Paint Municipal code as follows:
17.08.142 Common open space. "Common open space" means an area
within a planned unit development designed a~~d intended for the use
or enjoyment of all residents of the development or for the use and
enjoyment of the general public.
17.08.342 Planned unit development PUD "Planned unit development"
(PUD) means the development of an area of land as a whole for a
number of dwelling units or a number of uses, according to a plan
which does not correspond in lot size, bulk or type of dwelling,
density, lot coverage, or required open space to the regulations
otherwise required by this title.
22
Chapter 17,68
PLANNED UNIT DEVELO~'M1JNT~PUD
Sections:
17.68.010 Purpose,
17.68.020 Size of the planned unit development site.
17.68,030 Application and review,
17.68.00 Criteria to grant ar deny a PUD,
17.68.050 Preliminary development plan.
17,68,060 Final devel opment plan.
17.68.070 Control of the PUD during and after completion.
17.68.080 Exceptions to the zoning and subdivision titles.
17.68.090 Accessory u ses in a planned unit development.
17.68.100 Density bon us.
17.68.110 Common open space.
17.68.120 General conditions.
17.68.130 Residential conditions.
17.68.10 Appeals and permit revocation.
17,68.010 Purpose. The purpose of planned unit development
(PUD} is to gain more effective use of open space, realize advantages
of large-scale site planning, mixing of building types or land uses,
improved aesthetics 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 costs 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 lanned unit develo ment FUD 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 nr 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, or has unusual dimensions or characteristics which would make
conventional development unreasonably difficult and expensive.
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17.6$.030 Application and review.
A. Applications and review of PUDs shall conform to the
provisions of Chapter 1.24 of this code and all applicable laws of
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 amaunt o£ the Filing fee,
payment to the City of expenses in excess of the fil~i.ng Fee slxall be
a condition of final acceptance o£ tl~e PUD by the City.
B. For any use which is permitted or conditional in another
zoning district, the PUD application may include an application for a
zoning amendment, as provided in Chapter 17.88 of this code, or the
PUD approval may include a condition to allow the use.
C. Where use is made of the PUD process, no building
permits shall be issued until the planning commission has approved
the PUD as provided in this chapter.
D. An apply.cant may confer prior to application for a PUD
with Cal.ty staff in a pre-applicat~.on conference.
E. The commission shall act upon the application within
ninety {90) days from the date of accepting the completed
application, excluding such time as may be necessary to complete any
amendments initiated by the applicant. In taking action, the
commission may deny a PUD, may grant a PUD as submitted, or may grant
a PUD subject to conditions as provided in this chapter. Any PUD
authorized shall be subject to all cond~.tions imposed and sha11 be
excepted from other provisions of this title only to the extent
specified in the PUD approval.
17.68.040 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
area, or an alterat~.on 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 critera.a 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. Tlae 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
the proposed development or will be obviated by demonstrable
provisions in the plan for proper entrances, exits, internal traffic
circulation, and parki~ag.
F. That commercial development in a PUD is needed at the
proposed location to provide adequate cnm~nercial facilities of the
type proposed.
G. That proposed industrial development will be efficient
and well organized with adequate provisions for xailroad 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.
Z. 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.
17.68.050 Preliminary development _pla_n_. A preliminary
development plan shall contain a written statement and maps and other
information on the area surrounding the proposed development to show
the relationship of the planned unit development to adjacent uses,
both existing and proposed. The plan shall include the following:
A. A map to scale showing street systems, lot or partition
lines and other allocations of land for management or use;
B. Measurements of areas proposed to be conveyed, dedicated
ar reserved for public streets, parks, parkways, parking, pedestrian
ways, playgrounds, school sites, public buildings and similar public
and semipublic uses;
G. A plot plan to scale for each building site and common
open space area, showing the approximate location of buildings,
structures, landscaping, and other improvements and indicating the
open spaces around buildings and structures;
D. Elevation and perspective draraings of proposed
structures;
E. A development schedule indicating:
1. The approximate start date of construction;
2. The stages in which the project will be built and
the approximate start date of each stage;
3. The anticipated rate of development;
4. The approximate completion dates for each stage;
5. The area, location and degree of development of
common open space that will be provided at each stage;
F. Agreements, provisions or covenants which govern the
use, maintenance and continued protection of the planned unit
development and any of its common open space areas;
G. The following plans and diagrams either separately ar
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
insure tl~e safety of this circulation pattern shall be shown;
_~5_
3. A landscaping and tree plan;
4. An economic feasibility report or market analysis;
5. A solar orientation plan show:ing the general
orientation of buildings and roof slopes to each other, to streets,
and to the landscaping and tree plan.
H. Other pertinent infarntatian shall be included as the
planning commission finds necessary to determ~.ne any appropriate and
desirable requirements that may differ from those ordinarily
applicable under this title.
17.68.060 )final, „d evelopment.~plan.
A. TWithin six months..~,fo~.l.owing the approval of the
preliminary development plan, the applicant shall file with the
planning commission a final development plan containing in final farm
the information required in the preliminary plan. In its discretion
and far 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 o~i which it was issued unless an application for
extension is filed and approved by the planning commission. The one
year shall commence with approval of the final development plan.
C. Within thirty (30) days 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.
17.68.070 Control of the PUD durin and after com letion.
if the planning commission finds ev~.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 i.n
the same manner as are original application.
A. The building official, in issuing a certificate of
completion of the planned unit development, shall note the issuance
on the recorded final development plan.
B. After the certificate of completion has been issued, the
use of the land and the construction, modification ar alteration of a
building or structure within the planned unit development shall be
governed by the approved final development plan.
C. After the certificate of completion has been issued, no
change of the approved final development plan shall be made without
an amendment to the plan except as follows:
1. Minor modifications of exp.sting 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 ar 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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D. Amendments to a completed planned unit development may
be approved, if appropriate due to changes in conditions since the
final development plan was approved or because there have been
changes in the development policy of the community as reflected by
the comprehensive plan or related land use regulations,
~. No modification or amendment to a completed PUD shall be
considered as a waiver of the covenants limiting the use of the land,
buildings, structures and improvements within the area of the PUD,
A11 rights to enforce these covenants against any change permitted by
this section are expressly reserved.
17._68.080 Exceptions to Zoning 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 applicants demonstration, that the objectives of the zoning and
subdivision titles of this code will be achieved.
A. When the spacing between main buildings is less than the
spacing which would be required between buildings developed under
this chapter on separate parcels outside a PUD, other design features
sha11 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
boundary lines of the development.
C. The planning commission may approve building heights
greater than those authorized by the zoning district. The applicant
sha11 demonstrate that:
1. The subject building(s) will not be within one
hundred feet of abutting residential property;
2. The increase in height wi11 reduce the prices of
dwelling units offered for sale or rent; and
3. That additional natural open space will be preserved
or additional common recreational areas will be provided
D. The building coverage for any PUD shall not exceed that
which is permitted for other construction in the zone.
E. When a PUD design would require exceptions to the
regulations of the subdivision title, the planning commission may
grant those conditions as part of the PUD. Tentative approval of the
preliminary development plan of a PUD shall also constitute tentative
approval of a preliminary map under Chapter 17.72 if the materials
are presented in the manner prescribed by the subdivision title,
_~7_
17.68.090 Accessor uses in a lanaied unit develo ment.
In addition to the accessary uses typical of the primary uses
authorized, accessory uses approved as a part of a planned unit
development may include the following uses:
A. Golf course;
B. Private park, lake, or waterway;
C. Recreation area;
D. Recreation building, clubhouse, or social hall;
E. Other accessnry structures which the plann:~ng commission
finds are designed to serve primarily the residents of the PUl), and
are compatible with the design of the planned unit development.
17.6$.100 Density bonus. A. Within a PUD, the planning
commission may authorize an increase in total number of dwelling
units of up to five percent above the number of units (rounded up to
the next full dwelling unit) otherwise authorized by the density
requirements of the zoning district. For an increase of dwelling
units to be permitted the planning commission shah. find that the
development wi11 contain distinctive qualities ar overall excellence
in the areas of site planning, architectural design, landscaping,
solar orientation and recreational opportune.ties, which will provide
a superior living environment and enhance the general area or
neighborhood.
B. For purposes of this section, residential base densities
to which the allowable percentage adjustments may be applied are;
ZONING DISTRICT
MAXIMUM DENSITY
OF PUD PFR GROSS ACRE'S
R~-L Residential ~,ow Density
R-1-6 Residential Single-Family
R--1-8 Residential Single--Family
R~-1-10 Residentl.a~. Single--Family
R--2 Residential Two-Family
R--3 Residential Multiple Family
under Mediu m Density Plan
Designation
R-3 Residential Multa.ple Family
under High Density Plan
Designation
2.O dwelling
6.0 dwelling
5.0 dwelling
~.0 dwelling
12.0 dwelling
units per acre
units per acre
units per acre
units per acre
units per acre
12.0 dwelling units per acre
25.0 dt+relling units per acre
'x Before five percent density bonuses, if applicable.
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17.68.110 Common o en space. 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 Gammon open space is appropriate Co the scale
and character of the planned unit development, considering the PUD's
size, density, expected population, topography, and the number and
type of dwe~.lings provided.
3. Common open space will be improved for its intended
use, although common open space containing natural features worthy of
preservation may be left unimproved. The buildings, structures and
improvements in the common open space shall be appropriate to the
uses proposed far the common open space.
4. The development schedule coordinates the improvement
of the common open space and the construction of bu~.~.da.ngs and other
structures in the common open space with the construction of
residential dwellings in the planned unit development.
5. Tf buildings, structures or other improvements are
to be made in the common open space, the developer provides a bond ar
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 deve~.opment 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 an it;
2. To an association of owners or tenants, created as a
nonprofit corporation under the laws of the state, which shall adopt
and impose articles of incorporation and bylaws and adopt and impose
a declaration of covenants and restrictions on the common open space
that is acceptable to the planning commission as providing for the
continuing care of the space. Such an association shall be formed
and continued for the purpose of maintaining the common open space.
Common open space not conveyed to a public agency shall be in
addition to and not in lieu of the land dedication or fee required ~,n
Chapter 16.20.
C. Common open space may only be put to uses specified in
the final development plan. No change of use allowed by amendment
may be considered as a waiver of any of the covenants limiting the
use of common open space areas. All rights to enforce these
covenants against any use permitted are expressly reserved.
D. Zf common open space is not conveyed to a public agency,
the covenants governing the use, improvement and maintenance of
common open space shah. autl2orize the city to enforce their
provisions.
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17.6$.120 General conditions. In permitting a new PUD, the
planning commission may impose, in addition to those standards and
requirements expressly spec~,fied by this chapter, cond-itior~s 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, buL- are not
limited to, the following:
A. Limiting the manner in which a use is conducted,
including restricting the time certain activities may take place and
restrictions to mitigate such environmental effects as noise,
vibration, air pollution, glare and odor;
B. Establishing a special yard or other open space or lot
area or dimension;
C. Limiting the height, size or location of a building or
other structure;
D. Designating the size, number, location and nature of
vehicle access points;
E. Increasing the amount of street dedication, roadway
width or improvements within the street right--of-way;
F. Designating size, location, screening, drainage,
surfacing or other improvement of parking or truck-loading areas;
G. Limiting or otherwise designating the number, size,
location, height and lighting of signs;
H. Limiting the locatiou and intensity of outdoor lighting
and requiring its shielding;
1. Requiring diking, screen~.ng, landscaping or another
facility to protect adjacent or nearby property and designating
standards for its installation and maintenance.
J. Designating fence heights, locations and materials;
K. Protecting existing trees, vegetation, water resources,
wildlife habitat or another significant natural resource.
17.b$.134 Residential conditions. Planned residential
developments may have the following conditions attached:
A. Prior to the issuance of the certificate of occupancy,
recreational facilities shall be installed as may be required by the
planning commission.
B. Pedestrian movement upon the site shall be encouraged
and separated from vehicular traffic through a comprehensive system
of paved pathways.
C. Development for residential and accessory uses shall be
at a specified maximum density.
D. Off-street parking shall be provided at the ratio
specified in Section 17.64.4+4 and for visitor parking, one space per
.four units; and far recreational vehicle storage, one space per seven
units. Vehicles shall park only in designated areas or stalls.
There shall be no parking within turnaround areas or main driveways.
Visitors' parking sha11 be clearly identified and maintained.
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E. Boats, trailers, campers and similar recreat:iona~.
vehicles may be stored in des~.gnated areas only, The permanency,
security, and visual screening of a recreat~.onal vehicle storage area
shall be assured by the construction of permanent wa11s not 7.ess than
seven feet in height.
~'. "Tot lots" shall be provided in addition to adult
recreational facilities far the year-round use of children residing
on the site. The planning commission shall specify the number of tat
lots required and the type of construction for play equipment.
G. ~f units in the project are rented, the owner of the
subject property shall. provide for the regular and continuing
maintenance of all structures, open space and landscaped areas and
all off-street parking and maneuvering areas. An agreement
guaranteeing such continuing maintenance and giving lien rights to
the City in the event of lack of said maintenance shall be submitted
to the city attorney far his review and approval prior to the
issuance of any building permits.
H. if units are sold individually (condominiums), a
homeownersT association shall be established for the purpose of
permanently maintaining all of the subject property, including common
areas and a.nd~.vidual units, buildings and structures, and a
homeowners' association agreement guaranteeing such a maintenance by
individual owners and providing far 7.ien 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.
I. A bicycle path system shall be provided that is either
integrated into the pedestrian sidewalk system or designed as a
separate system and appropriately marked and signed. The system
should include bicycle access to all dwelling units, and such
facilities should connect to the city's bicycle system plan. Bicycle
racks shah. be provided for residents and visitors, and other
features that may required.
17.68.140 Appeal 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 perma.t for the planned unit
development based upon findings of noncompla.ance with the conditions
set forth in granting said permit.
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Section ].$ The Planning Commission finds it necessary to revise t~Ze
Zoning Map by applying the Bear Creek Greenway Zone and the R-1-6,
R~-1~-8, and R-1-IO subd~.stricL-s and rezoning some lands from R-~. to
R_l, as sho~,rn on the Proposed Zon_i.ng Map of November 3, 1987.
Passed by the Planning Commission on December 1, 1987 and signed by
me in authentication of its passage on December $, 1987.
,; ~~`
l ~~
Planning Comm~.ssian C airman
Attest:
~n - ~-
Planning Commission Secretary
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