Bay City City Zoning Code

A Property Line Adjustment is the modification of a lot boundary when no lot is created. The City Planner reviews applications for Property Line Adjustments pursuant to the Type I procedure under Section 10.12.050.

1. Submission Requirements See application submission requirement table in Section 10.12.
2. Approval Criteria. The City Planner shall approve or deny a request for a property line adjustment in writing, based on all of the following criteria:
   1. Parcel Creation. No additional parcel or lot is created by the property line adjustment;
   2. Lot standards. All lots and parcels conform to the applicable lot standards of the zoning district including lot area, dimensions, setbacks, and coverage. As applicable, all lots and parcels shall conform to applicable overlay standards in Section 10.07 Overlay Zones and Special Districts; and
   3. Access and Road authority Standards. All lots and parcels conform to the standards or requirements of Section 10.10.120 Transportation Standards, and all applicable road authority requirements are met. If a lot is nonconforming to any City or road authority standard, it shall not be made less conforming by the property line adjustment.
3. Recording Property Line Adjustments
   1. Recording. Upon the City’s approval of the proposed property line adjustment, the applicant shall record the property line adjustment documents with Tillamook County within 60 days of approval (or the decision expires), and submit a copy of the recorded survey map to the City, to be filed with the approved application.
   2. Time limit. The applicant shall submit a copy of the recorded property line adjustment survey map to the City within 15 days of recording and prior to any application being filed for a building permit on the re-configured lots.

The following Sections are intended to provide a single procedure for major and minor partitioning, subdivision, and planned development. The information required for each of these applications is listed in Chapter 10.12. These activities may be applied for individually or together, in addition to any required variance, zone, or plan amendment. The goals and policies of the Comprehensive Plan and Chapter 10 standards shall be adhered to unless specific variance is granted by the Planning Commission or City Council.

The Planning Commission is responsible for the administration of the Chapter, with the assistance of the City Recorder, Public Works Superintendent, City Planner, City Engineer, or other City staff. Planning Commission Review shall be carried out at a public hearing consistent with the hearing requirements of Bay City Development Chapter 10, Section 10.12.

A performance bond or similar equivalent, shall be required by the City of Bay City for partitions, planned developments, cluster developments, subdivisions and major partitions prior to any work done on the project. The bond shall be sufficient to cover the total cost for street and other public facility improvements as well as any anticipated damage to existing streets and other public facilities in the development of the property. The bond amount and completion date shall be estimated by the developer, agreed upon by the City Attorney and put in the form of a written agreement signed by the owner of the property and the contractor. The bond agreement shall specify that upon City declaration of unsatisfactory project completion, the City may complete the work and recover the full costs, including legal fees, engineering and inspection necessary for the completion of the project. The bond shall be in the form of a personal bond, surety bond or cash. The bond shall be released upon written determination that work has been completed satisfactorily by the City.

The agreement executed by the City and the owner and contractor may also provide for the construction of the improvements in units or phases, and shall specify an extension of time under conditions specified in the agreement. A bond shall be required for each phase, or may extend over the time period of the phases; however, the amount of the bond may vary to cover the entire cost of proposed improvements and anticipated damage to present improvements.

1. Definition: "Subdivision" is defined as the division of an area or tract of land into four or more lots during any time period when such area or tract existed as a unit or contiguous units of land under a single ownership. Subdivisions, for the purpose of this Chapter, includes Series Partitioned Lands as defined in ORS 92.305.
2. Initial Submission: Ten copies of a tentative plan with information required under Chapter 10.12 shall be submitted to the City Recorder at least 30 days prior to a hearing before the Planning Commission, together with a deposit of $100.00. The deposit shall be applied toward the actual costs of the City in processing the application, which shall be computed and paid prior to review of the Planning Commission. Fees are non-refundable, regardless of the action of the Planning Commission.
3. An optional conference with the City staff may be arranged by the City Recorder in accordance with Section 10.12.080 at the request of the applicant.
4. The City Recorder shall submit copies of the tentative plan to the City Council, City staff, and other agencies as he deems necessary. The City Recorder shall have the City Planner or consultant prepare a written report to the Planning Commission compiling information on applicable Comprehensive Plan and Chapter 10 provisions, availability of the City services or other information deemed necessary. The City Planner, Public Works Superintendent, or Engineer may make field checks on the property to verify that the tentative plan is correct. The City Planner shall afford the subdivider the opportunity to make changes prior to the Planning Commission review.
5. Planning Commission Determination: At a special meeting convened immediately after the public hearing, or at a meeting scheduled within 15 days after the hearing, the Planning Commission shall determine whether the tentative plan is in conformity with the provisions of the Comprehensive Plan and Chapter 10. The Planning Commission may approve, disapprove, or approve with conditions the tentative plan. If the Planning Commission does not approve the plan, findings of fact shall be included in the record stating reasons for disapproval. The action of the Planning Commission shall be noted on three copies of the tentative plan. One copy shall be returned to the subdivider (with written findings of fact in cases of disapproval), one shall be transmitted to the City Public Works Superintendent, and the other retained by the City Recorder with the minutes of the meeting.
   

1. Within one year after approval of the tentative plan, the subdivider shall submit a final plat to the Planning Commission in conformance with the tentative plan and ORS 92.080, 92.120, and Section 10.12 of this Chapter. An original reproducible drawing and five blueline or blackline prints of the plat shall be submitted. Extensions of six months may be granted by the Planning Commission.
2. The City Recorder, prior to review by the Planning Commission, may refer the plat to the City Engineer, City Planner, City Attorney, or other City staff to insure that the map is correct and in conformance with applicable laws. The City staff shall either certify approval on the plat, or notify the subdivider of the error.
3. The Planning Commission shall examine the plat to determine whether it conforms with the tentative plan, with all changes permitted and all requirements imposed as a condition of acceptance. If the Planning Commission does not approve the plat, it shall so notify the subdivider and advise him/her of necessary changes, and afford him/her the opportunity to make the same. Final approval of the subdivision shall only take place after installation of improvements, or filing of an agreement and bond to that effect. After approval of the Planning Commission and City Council, filing of an agreement and bond or installation of improvements, the subdivider shall obtain the signatures of the Chairman of the Planning Commission and Mayor, and record the plat within 90 days after the last signature has been obtained.
   

1. All improvements shall conform to the requirements of the Comprehensive Plan, this Chapter and any other improvement specification adopted by the City.
2. Improvement work shall not be commenced until plans have been checked for adequacy and approved by the City Public Works Superintendent, City Planner and where necessary, the City Engineer.
3. Improvement work shall not be commenced until the City has been notified in advance. If work has been discontinued for any reason, it shall not be resumed until the City has been notified.
4. All required improvements shall be constructed under the inspection and to the satisfaction of the City. The City may require changes in typical section and details if unusual conditions arise during construction to warrant such change.
5. All underground utilities including sanitary and storm sewers, water, power, and communications shall be constructed prior to street surfacing. Stubs for all services shall be installed so as to service lots without the excavation of streets when service connections are made. "As-builts" maps shall be filed with the City Recorder upon completion showing the precise location of improvements.
6. Improvements to be installed at the expense of the person subdividing, partitioning or constructing a planned development shall be as follows, in accordance with City Standards:
   1. Streets.
   2. Sidewalks or bike paths, where required.
   3. Curbs or gutters, where required.
   4. Sanitary sewers.
   5. Storm sewers or adequate ditching.
   6. Water lines and fire hydrants.
   7. Railroad crossings.
   8. Underground utilities, including electricity and communications.
   9. Street lighting.
   10. Street signs.
   11. Easements.
   12. Off-site improvements, such as access roads or sewer or water system improvements.
   13. Common open space, where required.
   14. Survey monuments.
   15. Improvement of City streets or utilities damaged during construction.
7. Design Standards: Standards and specifications for City streets, blocks, lots, density, physical limitations, or other requirements are specified in this Chapter or in the City's "Standards and Specifications."
8. Minimum Common Open Space

Subdivisions and planned developments of six lots or units or more, subdivided or developed within a 12-month period shall devote at least 15% of the net buildable site to common open space. An additional 10% lot coverage of structures or other impervious surfaces is allowed for developments providing more than the minimum open space requirement.

1. Partition land means to divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. "Partition land" does not include divisions of land resulting from foreclosure of recorded contracts for the sale of real property and divisions of land resulting from the creation of cemetery lots; and "partition land" does not include any adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by an applicable zoning ordinance. "Partition land" does not include the sale of a lot in a recorded subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner. Partition of land does not create a street.
2. Partition Map: Partition maps shall be drawn at a scale adequate to show all required detail, and shall be at least 1"-100'. The map shall be drawn in ink, on good quality material, such as bond paper, mylar, or cloth, be suitable for reproduction, and be at least 8 1/2" x 11" in size.
3. Information required: Information as specified in Section 10.12 shall be required for partition applications.
4. Standards and Improvements: The standards of the zone in which the partition is located shall apply. Partitions shall be done in accordance with Section 10.14.015 through 10.14.016.
5. Procedure: Ten copies of an application and plan map shall be submitted to the City Recorder, who shall check the partition for conformity with City requirements. The City Recorder may refer the partition request to the City Planner, Public Works Superintendent, or other City Staff as deemed necessary. If the application is for a major partition, the City Recorder shall schedule a public hearing. Public notices shall be published at least seven (7) days in advance of the hearing, and notices shall be posted at three (3) locations in the City. Review of minor partitions shall be done at a regular Planning Commission meeting with notices of the meeting posted at three (3) locations in the City ten (10) days in advance.
6. Planning Commission Action: The Planning Commission may approve, approve with conditions, or deny the application for partitioning. The Planning Commission shall include findings of fact in the record for denial of a partition.
7. A performance bond or similar equivalent shall be a requirement of tentative plat approval for major partitions prior to the commencement of development.
   

1. Purpose: A "planned development" is a single development incorporating a variety of housing types and non-residential uses, consisting of individual lots, common building sites or open areas, or other configuration in order to promote innovative, flexible, and diversified land use under a comprehensive site development plan.
2. Permitted Uses: Uses permitted in the specific intensity zone, including single-family, middle housing and multifamily dwellings in any architectural configuration subject to the standards of the zone, certain non-residential uses, common open space, and recreation facilities.
3. Standards: The standards of the intensity zone and other Sections of this Chapter shall apply. The size of the planned development shall be large enough to accommodate the various uses and to preserve the intent of this Section.
4. Lot Size: size shall be consistent with the minimum lot size of the zone and shall provide adequate area to meet the lot coverage requirement of the zone.
5. Lot Coverage: Lot coverage requirements of the zone shall be applicable to structures and other impervious surfaces built on individually owned lots. In the case of multifamily dwellings, middle housing, zero lot line construction, or other situations involving common ownership of land and/or buildings, the lot coverage shall be calculated on the basis of the total site.
6. Procedure: Planned developments shall be done in accordance with Section 10.14.015 through 10.14.018. Application for planned development, subdivision, or partition shall be made concurrently.
7. Information Required: Information necessary for tentative and final approval shall be included as specified under Section 10.12.100 of this Chapter.
8. Final Approval: Planned development final approval shall be in conformance with Section 10.12.100 of this Chapter.
   

The purpose of the expedited and middle housing land division process is to implement requirements in ORS 197.360 to 197.380 for expedited land divisions in residential districts, and ORS 92.031 regarding middle housing land divisions, in order to create homeownership opportunities.

1. Expedited Land Division Applicability. The procedures of this chapter are applicable to partitions and subdivisions within a residential zone as provided in ORS 197.365.
2. Middle Housing Land Division Applicability. The procedures of this chapter are applicable to the following middle housing projects, or proposed middle housing projects, on an existing lot within a residential zone:
   1. A duplex.
   2. A triplex.
   3. A quadplex.
   4. A cottage cluster.
3. Townhouses, by definition, are already on their own lots, so a middle housing land division is not applicable to townhouse developments. Lots for townhouses shall be created through subdivision or partition, subject to Chapter 10.14.100.

An Expedited Land Division or Middle Housing Land Division is not a land use procedure subject to Chapter 10.12. The following procedure for an Expedited Land Division or Middle Housing Land Division shall be followed:

1. Pre-Application Meeting. A pre-application meeting is encouraged but not required.
2. Application Requirements. Applicants shall submit materials required by Section 10.12.100, Information Required for Land Use Planning Applications.
3. Completeness Review. The City Planner, or his or her designee, shall review the application submittal and advise the applicant in writing whether the application is complete or incomplete within 21 calendar days after the City receives the application submittal.
   1. If the application for a land division is incomplete, the local government shall notify the applicant of exactly what information is missing within 21 days of receipt of the application and allow the applicant to submit the missing information. For purposes of computation of time under this section, the application shall be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it.
   2. If the application was complete when first submitted or the applicant submits the additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were in effect at the time the application was first submitted.
   3. If an application is incomplete, the completeness notice shall list what information is missing and allow the applicant to submit the missing information. The completeness notice shall include a form, designed to be returned to the City Planner, or his or her designee, by the applicant, indicating whether or not the applicant intends to amend or supplement the application.
4. Notification.
   1. The City Planner, or his or her designee, shall provide written notice of the receipt of the completed application for a Middle Housing Land Division or Expedited Land Division to all of the following:
      1. The applicant and/or authorized representative;
      2. The owner(s) of record of the subject property;
      3. Any City-recognized neighborhood association whose boundaries include or are within 100 feet of the subject property;
      4. Owners of record within 100 feet of the perimeter of the subject property; and
      5. Any state agency, local government or special district responsible for providing public facilities or services to the development.
   2. The notice shall state:
      1. The street address or other easily understood geographical reference to the subject property;
      2. The place, date and time that comments are due;
      3. A time and place where copies of all evidence submitted by the applicant will be available for review;
      4. The applicable criteria for the decision;
      5. The name and telephone number of a local government contact person;
      6. A brief summary of the local decision-making process for the Middle Housing Land Division or Expedited Land Division;
      7. The deadline for submitting written comments;
      8. That issues that may provide the basis for an appeal to the hearings officer must be raised in writing prior to the expiration of the comment period; and
      9. That issues must be raised with sufficient specificity to enable the local government to respond to the issue.
   3. After notification according to the procedure set out above, the City Planner, or his or her designee, shall provide a 14-day period for submission of written comments prior to the decision.
5. Decision. The City Planner, or his or her designee, shall make a decision to approve or deny the application within 63 days of receiving a completed application, based on whether it satisfies the applicable requirements of Chapter 10.14.300.
   1. Approval may include conditions to ensure that the application meets the applicable regulations.
   2. For Middle Housing Land Division and Expedited Land Division applications, the City Planner, or his or her designee:
      1. Shall not hold a hearing on the application; and
      2. Shall issue a written determination of compliance or noncompliance with applicable land use regulations that includes a summary statement explaining the determination.
   3. The decision shall include a statement of the facts upon which the decision authority relied to determine whether the application satisfied or failed to satisfy each applicable approval.
   4. Notice of the decision shall be provided to the applicant and to those who received notice under subsection 10.14.330.D within 63 days of the date of a completed application. The notice of decision shall include:
      1. The summary statement included with the written decision; and
      2. An explanation of appeal rights under ORS 197.375 (Appeal of decision on application for expedited land division).
6. Appeals. An appeal of a decision made under this section shall not be subject to Section 10.12.140, Appeals. Any appeal of an Expedited Land Division or Middle Housing Land Division must be as provided in ORS 197.375.
7. Expiration. The tentative approval of a Middle Housing Land Division or Expedited Land Division is void if a final plat is not recorded within three years of the tentative approval.

1. The City Planner, or his or her designee, will approve or deny an application for Expedited Land Division based on whether it satisfies the applicable criteria of approval. The City Planner, or his or her designee, may approve the land division with conditions to ensure the application meets the applicable land use regulations.
2. The land subject to the application is zoned for residential uses.
3. The land will be used solely for residential uses, including recreational or open space uses that are accessory to residential use.
4. The land division does not provide for dwellings or accessory buildings to be located on land that is specifically mapped and designated in the comprehensive plan and land use regulations for full or partial protection of natural features under the statewide planning goals that protect:
   1. Open spaces, scenic and historic areas and natural resources;
   2. Estuarine resources;
   3. Coastal shorelands; and
   4. Beaches and dunes.
5. The land division satisfies the minimum street and right-of-way connectivity standards of Chapter 10.10.120, Transportation Standards.
6. The land division satisfies the following development standards:
   1. Applicable use standards for the proposed use(s) in the zone where proposed in Chapter 10.06;
   2. Applicable development standards for the proposed use(s) in the zone where proposed in Chapter 10.10; and
   3. Improvement requirements in Section 10.14.170.
7. The land division will result in development that either:
   1. Creates enough lots to allow building residential units at 80 percent or more of the maximum net density permitted by the zoning designation of the site; or
   2. Will be sold or rented to households with incomes below 120 percent of the median family income for the county in which the project is built.

The City Planner, or his or her designee, will approve a tentative plan for Middle Housing Land Division based on whether it satisfies the following criteria of approval:

1. The application provides for the development of middle housing in compliance with the Oregon residential specialty code and the applicable middle housing regulations in this code.
2. Separate utilities will be provided for each dwelling unit.
3. Easements will be provided as necessary for each dwelling unit on the site for:
   1. Locating, accessing, replacing and servicing all utilities;
   2. Pedestrian access from each dwelling unit to a private or public road;
   3. Any common use areas or shared building elements;
   4. Any dedicated driveways or parking; and
   5. Any dedicated common area.
4. Exactly one dwelling unit on each resulting lot, except for lots, parcels or tracts used as common areas.
5. The applicant demonstrates that buildings or structures on a resulting lot will comply with applicable building codes provisions relating to new property lines and, notwithstanding the creation of new lots, that structures or buildings located on the newly created lots will comply with the Oregon residential specialty code.
6. The original lot dedicated and improved the abutting street right-of-way sufficient to comply with minimum right-of-way and improvement standards of Chapter 10.10.120, Transportation Standards, or dedication and/or improvements of the abutting street right-of-way are proposed that meet the standards of Chapter 10.10.120, Transportation Standards.
7. The type of middle housing developed on the original lot shall not be altered by a Middle Housing Land Division. For example, cottages withing a cottage cluster do not become single family dwellings after a Middle Housing Land Division.

The City Planner, or his or her designee, may add conditions of approval of a tentative plan for a Middle Housing Land Division or Expedited Land Division as necessary to comply with the applicable criteria of approval. Conditions may include but are not limited to the following:

1. A condition to prohibit the further division of the resulting lots or parcels.
2. A condition to require that a notation appear on the final plat indicating that the approval was given under ORS 92.031 as a Middle Housing Land Division.
3. A condition to require recording of easements required by the tentative plan on a form acceptable to the City, as determined by the City Attorney.

1. The final plat shall comply with the Middle Housing Land Division or Expedited Land Division conditions of approval.
2. The following data requirements, if applicable, shall also be shown on the final plat.
   1. All tracts of land intended to be deeded or dedicated for public use;
   2. Street names as approved by the City Planner, or his or her designee;
   3. Any non-access strips.
3. Approval Criteria. The City Planner, or his or her designee, shall approve or deny the final plat for the Middle Housing Land Division or Expedited Land Division, based on whether it conforms with the tentative plan, with all changes permitted and all requirements imposed as a condition of acceptance. Final plat approval shall only take place after installation of improvements, or filing of an agreement and bond to that effect. After approval of the final plat, filing of an agreement and bond or installation of improvements, the applicant shall obtain the signatures of the Chairman of the Planning Commission and Mayor, and record the plat within 90 days after the last signature has been obtained.
4. A notice of middle housing land division for each middle housing lot shall be recorded with the County recorder that states:
   1. The middle housing lot may not be further divided.
   2. No more than one unit of middle housing may be developed on each middle housing lot.
   3. The dwelling developed on the middle housing lot is a unit of middle housing and is not a single family detached residential unit, or any other housing type.
5. No plat shall have any force or effect and no title to any property shall pass until the final plat has been recorded; however, a final plat is not required prior to issuance of building permits for middle housing proposed with a Middle Housing Land Division.