The purpose and intent of site development review is to promote the general welfare by directing attention to site planning, and giving regard to the natural environment and the elements of creative design to assist in conserving and enhancing the appearance of the City. It is in the public interest and necessary for the promotion of the health, safety and welfare, convenience, comfort and prosperity of the citizens of the City:

A.

To implement the City's comprehensive plan and other approval standards in this title;

B.

To preserve and enhance the natural beauties of the land and of the manmade environment, and enjoyment thereof;

C.

To maintain and improve the qualities of and relationships between individual buildings, structures and the physical developments which best contribute to the amenities and attractiveness of an area or neighborhood;

D.

To protect and ensure the adequacy and usefulness of public and private developments as they relate to each other and to the neighborhood or area;

E.

To ensure that each individual development provides for a quality environment for the citizens utilizing that development as well as the community as a whole.

F.

In order to prevent the erosion of natural beauty, the lessening of environmental amenities, the dissipation of both usefulness and function, and to encourage additional landscaping, it is necessary:

G.

To stimulate harmonious design for individual buildings, groups of buildings and structures, and other physical developments;

H.

To integrate the functions, appearances and locations of buildings and improvements so as to best achieve a balance between private preferences, and the public interest and welfare.

(Ord. 415 § 7.120.010, 2002)

Site development review shall be applicable to all new developments and major modification of existing developments, as provided in Section 16.58.060 except it shall not apply to:

A.

Single-family detached dwellings;

B.

Single-family attached dwellings;

C.

Manufactured homes on individual lots;

D.

A duplex, which is not part of any other development;

E.

A triplex, which is not part of any other development;

F.

Minor modifications as provided in Section 16.58.070;

G.

Family day care;

H.

Home occupation (Type I and Type II);

I.

Accessory dwelling unit or accessory structures;

J.

Temporary uses;

K.

Temporary structures;

L.

Telecommunications facilities approved under Section 16.50.060.

M.

Residential care home as defined in ORS 197.660(2).

(Ord. 502 § 2(Exh. A), 2024; Ord. 487 § 2, 2017; Ord. 462 § 1, 2011; Ord. 415 § 7.120.020, 2002)

A.

The applicant for a site development review proposal shall be the recorded owner of the property or an agent authorized in writing by the owner.

B.

Applications for site development review shall be processed according to Chapter 16.78.

C.

The Planning Commission shall approve, approve with conditions or deny any application for site development review.

(Ord. 415 § 7.120.030, 2002)

A.

If requested, the Planning Commission may approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than three years without reapplying for site development review.

B.

In addition to the standards in Section 16.58.100, the following criteria shall be satisfied in order to approve a phased site development review proposal:

1.

All underground utilities are constructed during the initial phase of the development and the remaining public facilities are constructed in conjunction with or prior to each phase.

2.

The development and occupancy of any phase is not dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable city or zoning district standard.

3.

The phased development shall not result in requiring the City or other property owners to construct public facilities that were required by an approved development proposal.

(Ord. 415 § 7.120.040, 2002)

A.

On all projects where public improvements are required, the City may:

1.

Require a bond in an amount equal to one hundred twenty-five (125) percent or other adequate assurances as a condition of approval of the site development plan in order to ensure the completed project is in conformance with the approved plan;

2.

Approve and release such bonds upon the completion of the project. A portion of a bond may be released as components of the project are completed;

3.

Require a development agreement containing the conditions of approval to be signed by the developer and recorded with Marion County.

B.

Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the cost of the landscaping as determined by the Planning Director is filed with the City, assuring such installation within six months after occupancy.

1.

Security may consist of a performance bond payable to the City, cash, certified check or such other assurance of completion approved by the City; and

2.

If the installation of the landscaping is not completed within the six-month period, the security may be used by the City to complete the installation.

(Ord. 415 § 7.120.050, 2002)

A.

The Planning Director shall determine that a major modification(s) will result if one or more of the following changes are proposed:

1.

An increase of ten (10) percent or more in dwelling unit density, or lot coverage for residential development;

2.

Any commercial or industrial remodel or expansion that exceeds twenty-five (25) percent of the total square footage of the existing structure.

3.

An increase in the height of the building(s) by more than twenty (20) percent or an increase to more than thirty-five (35) feet in height in zones where heights greater than thirty-five (35) percent may be permitted;

4.

A change in the type and location of access ways and parking areas where off-site traffic would be affected;

5.

Any new development, change of occupancy, or commercial or industrial remodel, that will intensify the use of the property by increasing the average daily vehicle trips to the site, or on-site parking in accordance with Chapter 16.42 by more than twenty-five (25) percent above the most traffic intensive use approved for the property. Applicant shall be required to submit to the Planning Director information demonstrating the development, change, or remodel shall not intensify the use of the property by more than twenty-five (25) percent and is subject to Planning Director review and approval, Chapter 16.42, and the Institute of Transportation Engineers (ITE) Trip Generation Manual (latest edition). Increases of less than thirty (30) vehicle trips per day to a site shall be exempt.

6.

A reduction of project amenities where specified in the approved site plan including open space, recreational facilities, screening, and/or landscaping provisions;

7.

A modification to the conditions imposed at the time of site development review approval which are not the subject of subdivisions (1) through (7) of this subsection.

B.

When a proposed modification to the site development plan is determined to be a major modification, the applicant shall submit a modified site development review application and receive Planning Commission approval prior to any issuance of building permits.

C.

Modified site development review applications shall be noticed and processed in accordance with Chapter 16.78.

(Ord. 474 § 1, 2014; Ord. 462 § 1, 2011; Ord. 415 § 7.120.020, 2002)

A.

Any modification which is not within the description of a major modification as provided in Section 16.58.060, may be considered a minor modification.

B.

A minor modification shall be approved, approved with conditions, or denied following the Planning Director's review based on the finding that no code provisions will be violated; and the modification is not a major modification. C. Minor modifications shall be processed and noticed in accordance with Chapter 16.78.

(Ord. 462 § 1, 2011; Ord. 415 § 7.120.060, 2002)

A.

All applications shall be made on forms provided by the City.

B.

All applications shall include a narrative discussing how the proposal conforms to each of the applicable standards.

C.

All applications shall include five copies of site development plans containing the information required in Section 16.58.090 and drawn to a standard engineering scale. One copy must be no larger than eleven (11) inches by seventeen (17) inches.

(Ord. 415 § 7.120.080, 2002)

A.

Required information may be combined on one map. Site development plan(s) shall include the following information, as appropriate:

1.

A vicinity map showing the proposed site and surrounding properties;

2.

The site size and its dimensions;

3.

The location, dimensions and names of all existing and platted streets and other public ways and easements on the site and on adjoining properties;

4.

The location, dimensions and names of all proposed streets or other public ways and easements on the site;

5.

The location and dimension of all proposed:

a.

Entrances and exits on the site,

b.

Parking and traffic circulation areas,

c.

Loading and services areas, where applicable,

d.

Pedestrian and bicycle facilities,

e.

Existing utilities, including location, types and sizes of lines, purpose, dimensions and ownership of easements, if any;

6.

The location, dimensions and setback distances of all:

a.

Existing structures, improvements and utilities which are located on adjacent property within twenty-five (25) feet of the site and are permanent in nature, and

b.

Proposed structures, improvements, and utilities on the site;

7.

Contour lines at two-foot intervals for grades zero to ten (10) percent and five-foot intervals for grades over ten (10) percent for current site grades;

8.

A grading plan that includes:

a.

The identification and location of the benchmark and corresponding datum,

b.

Location and extent to which grading will take place indicating contour lines, slope ratios, and slope stabilization proposals,

c.

The location of drainage patterns and drainage courses;

9.

The location of any floodplain areas (one hundred (100) year floodplain and floodway);

10.

The location of any slopes in excess of twelve (12) percent;

11.

The location of any unstable ground (areas subject to slumping, earth slides or movement);

12.

The location of any areas having a high seasonal water table within twenty-four (24) inches of the surface for three or more weeks of the year and any wetlands;

13.

The location of any areas having a severe soil erosion potential as defined by the soil conservation service;

14.

The method for mitigating any adverse impacts upon wetland, riparian or wildfire habitat areas;

15.

A Preliminary Utility Plan showing capacity needs for municipal water, storm water management and sewer service, and schematic location of connection points to existing services. The Preliminary Utility Plan shall include:

a.

Location, size, and slope of water quality facility.

b.

Preliminary calculations justifying size of facility.

c.

Total square footage of the new or existing impervious area.

d.

The storm water facility shall be designed to Marion County Public Works Standards.

16.

A landscaping plan including:

a.

Location and height of fences, buffers and screening,

b.

Location of terraces, decks, shelters, play areas, and common open spaces where applicable,

c.

Location of mechanical equipment and garbage enclosures, and applicable screening

d.

Location, type and size of plant materials, and

e.

Soil conditions, and erosion control measures that will be used;

17.

Elevation drawings of all sides of the development with landscaping shown as it will appear both at the time of planting and at maturity.

(Ord. 487 § 2, 2017; Ord. 462 § 1, 2011; Ord. 415 § 7.120.090, 2002)

The Planning Commission shall make a finding with respect to each of the following criteria when approving, approving with conditions, or denying an application. The criteria shall be utilized in reviewing plans, drawings, sketches and other documents required by this subchapter. These criteria are intended to provide a frame of reference for the applicant in the development of site and building plans as well as a method of review for the City. These criteria shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention and innovation. It shall be the applicant's responsibility to display to the City how the applicable criteria are being best met for the subject property.

A.

Provisions of all applicable chapters;

B.

Buildings shall be located to preserve topography and natural drainage and shall be located outside areas subject to ground slumping or sliding;

C.

Privacy and noise:

1.

Buildings shall be oriented in a manner which protects private spaces on adjoining residential properties from view and noise;

2.

On-site uses which create noise, lights, or glare shall be buffered from adjoining residential uses;

D.

Residential private outdoor areas:

1.

Structures which include residential dwelling units shall provide private outdoor areas which are screened from view by adjoining units;

2.

Private open space such as a patio or balcony shall be provided and shall be designed for the exclusive use of individual units and shall be at least forty-eight (48) square feet in size with a minimum width dimension of four feet; and

a.

Balconies used for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit; and

b.

Required open space may include roofed or enclosed structures such as a recreation center or covered picnic area;

3.

Wherever possible, private outdoor open spaces should be oriented toward the sun;

E.

Residential shared outdoor recreation areas:

1.

In addition to the requirements of subsection D of this section, usable outdoor recreation space shall be provided in multifamily residential developments for the shared or common use of all the residents in the following amounts:

a.

Studio up to and including two-bedroom units, two hundred (200) square feet per unit; and

b.

Three or more bedroom units, three hundred (300) square feet per unit;

2.

The required recreation space may be provided as follows:

a.

It may be all outdoor space; or

b.

It may be part outdoor space and part indoor space; for example, an outdoor tennis court, and indoor recreation room;

c.

It may be all public or common space;

d.

It may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room and balconies on each unit; and

e.

Where balconies are added to units, the balconies shall not be less than forty-eight (48) square feet;

f.

Shared outdoor recreation space shall be readily observable for reasons of crime prevention and safety;

H.

Demarcation of public, semipublic, and private spaces;

1.

Structures and site improvements shall be designed so that public areas such as streets or public gathering places, semipublic areas and private outdoor areas are clearly defined in order to establish persons having a right to be in the space, in order to provide for crime prevention and to establish maintenance responsibility; and

2.

These areas may be defined by a deck, patio, low wall, hedge or draping vine, a trellis or arbor, a change in level or landscaping;

I.

Crime prevention and safety:

1.

In residential developments, interior laundry and service areas shall be located in a way that they can be observed by others;

2.

Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic;

3.

Exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and

4.

Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person;

J.

Access and circulation:

1.

The number of allowed access points for a development shall be as determined by the City Engineer in accordance with standard engineering practices for City rights-of-way, as determined by Marion County for county rights-of-way, and as determined by the Oregon Department of Transportation for access to Highway 99E,

2.

All circulation patterns within a development shall be designed to accommodate emergency vehicles;

K.

Public transit:

1.

Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to existing or proposed transit route.

2.

The requirements for transit facilities shall be based on:

a.

The location of other transit facilities in the area;

b.

The size and type of the proposal.

3.

The following facilities may be required:

a.

Bus stop shelters;

b.

Turnouts for buses; and

c.

Connecting paths to the shelters;

L.

All parking and loading areas shall be designed in accordance with the requirements set forth in Chapter 16.42;

M.

All landscaping shall be designed in accordance with the requirements set forth in Chapter 16.38;

N.

All public improvements shall be designed in accordance with the requirements of Chapter 16.34;

O.

All facilities for the handicapped shall be designed in accordance with the requirements set forth in the ADA requirements;

P.

All of the provisions and regulations of the underlying zone shall apply; and

Q.

All properties located in the historic commercial or historic residential overlay shall be designed in accordance with the requirements set forth in Title 17 of the Aurora Municipal Code.

(Ord. 462 § 1, 2011; Ord. 415 § 7.120.020, 2002)