Planned unit developments may constitute a subdivision involving unique design methods or the development of a single tract without property divisions. Where proposed as a subdivision, the regulations of Division IV as well as the requirements of this division shall apply. Where proposed as an overall development of a single tract without property division, a planned unit development shall be considered a conditional use in any zoning district. Planned unit development regulations shall not be used for, or apply to, partitions. (Ord. 890 section 56, 1993; Ord. 740 section 10.5.10[part], 1984)

   A.   The purpose of this division is to prescribe the procedures for the development of a planned unit development. It is also the purpose of this division to enable the development of planned unit development in order to permit a degree of flexibility and diversification in the use of land through grouped buildings or large-scale land planning and the arrangements of specific structures and open spaces within such development. For these reasons and to permit the accomplishment of this purpose, the provisions of this division are superimposed upon the regulatory provisions of Division III and IV.

   B.   It is therefore the purpose of a planned unit development, as the term is employed in this title, of permitting the development of land in a manner which would be as good as, or better than, that resulting from the traditional lot-by-lot development while generally maintaining the same population density and area coverage permitted in the zone in which the project is located. A planned unit development of open spaces, circulation facilities, off-street parking areas and the best utilization of site potentials characterized by special features of geography, topography, size, location or shape. (Ord. 740 section 10.5.10(A), 1984)

   C.   Planned unit developments are also intended to preserve the natural environment and water quality through the use of Low Impact Development (LID) techniques when feasible and practical. (Ord. 1338, 2010)

Any condominium development project, whether the construction of new units or the conversion of existing rental units, must meet all the requirements of this division, with the exception of the new construction of six or fewer units to which the regulations of Chapter 16.78 shall apply. Applicants for condominium projects shall bear full responsibility for compliance with county and state requirements in all cases. (Ord. 740 section 10.5.40, 1984)

The requirements of Divisions III and IV governing application procedures for conditional use permits and tentative subdivision plats, as applicable, must be met for planned unit development proposals. (Ord. 740 section 10.5.20[part], 1984)

Planned unit development projects may be applied for by:

   A.   The owner of all the property involved, if under one ownership;

   B.   An application filed jointly by all owners having title to all of the property in the area proposed for the planned unit development project, if there is more than one owner;

   C.   An authorized agent acting on behalf of all property owners; or

   D.   A government agency. (Ord. 740 section 10.5.20(A), 1984)

   A.   Applications shall be submitted to the City Planner on forms prescribed for the purpose, typed or printed.

   B.   There shall be included as a part of the application all required information for a subdivision (16.62.010), for planned unit development applications involving division of property, or a conditional use permit (16.50.020) for planned unit development applications of a single tract without property divisions; proposed locations and dimensions of open space within the site; proposed public dedications, if any, within the site;

   C.   The written information shall contain a statement of the general purpose of the project and an explanation of all features pertaining to uses and other pertinent matters not readily identifiable in map form. Proposed deed restriction in outline form, if any. The adoption of the form specifying the particular nonresidential uses permitted to locate on the site, if any, shall constitute a limitation to those specific uses. (Ord. 740 section 10.5.20(B), 1984; Ord. 981 section 11, 1997)

   In a planned unit development the uses set out in this chapter are permitted. (Ord. 740 section 10.5.30[part], 1984)

In a planned unit development in a residential zone only the following uses are permitted:

   A.   All uses permitted outright or conditionally permitted in the underlying zone. If conditionally permitted uses are proposed within a planned unit development, the standards of Chapter 16.50 shall be met. Residential units, either detached, attachedor in multiple type dwellings, but at no greater density than is allowed for the zoning district as set forth in Division III, except as may be modified for a density bonus as provided in section 16.76.010 or Chapter 16.80.

   B.   Accessory and incidental retail and other nonresidential uses may be specifically and selectively authorized as to exact type and size to be integrated into the project by design. Accessory retail uses shall serve primarily as a convenience to the inhabitants of the project.

   C.   Mobile home subdivisions, subject to the standards and criteria of Division IV and Chapter 16.80.

   D.   Recreational facilities, including but not limited to tennis courts, swimming pools, andplaygrounds.

   E.   All permitted and conditional residential uses allowed in any base zone in which the planned unit development is located are allowed uses throughout the planned unit development. (Ord. 740 section 10.5.30 (A), 1984; Ord 1634, 2024)

In planned unit developments in areas zoned for other than residential uses, uses shall be limited to those permitted by the zoning districts in which the use is located. (Ord. 740 section 10.5.30(B), 1984)

The minimum requirements for a residential planned unit development shall include the following two items:

   A.   Open Space. A minimum of fifteen (15) percent of the gross area of the development shall be devoted to open space and shall be located in a common area or dedicated to the public, except in the case of conversions of existing rentals to unit ownership, where the Planning Commission may permit a lesser requirement if it is found that adequate recreation facilities exist for the units.

      1.   Usable Open Space. Open space areas shall be planned and improved to provide opportunities for active recreation, passive relaxation, or community interaction, and which are accessible to the general public or to residents, employees or customers in common. Examples include plazas, courtyards, private parks, sport fields and courts, and viewpoints overlooking natural resource areas.

         a.   The following shall not be counted towards a planned unit development’s usable open space:

            i.   Areas of land where the average slope exceeds 20 percent where there is no associated usable amenity provided;

            ii.   Areas subject to the Wetland Overlay Zone (WO) per section 16.39 or the Hazard Overlay Zone (H) per section 16.40 unless the area can be improved to include usable amenities in conformance with the provisions of these overlay zones;

            iii.   Fenced surface stormwater facilities. Stormwater facilities may only be counted as usable open space if they are not fenced, include associated passive recreational amenities such as benches, viewpoints, or walking paths and are effectively incorporated into the development’s overall open space design; and

            iv.   Other areas determined by the review authority to be unusable for the purpose of meeting this standard.

      2.   Exemption. Portions of the planned unit development site used for cottage clusters do not count toward the development site’s gross area for the purpose of calculating the minimum usable open space requirement for PUDs per this standard. However, common courtyards provided with cottage cluster developments per section 16.21.080(F)(2) as a part of aPUD may count towards a PUD’s usable space requirement.

   B.   Density. The planned unit development site shall adhere to the minimum and maximum density provisions of the base zone, except where a density bonus is approved as provided in subsection B(1) below. The average area per dwelling unit shall not be less than that allowed within the zoning district in which the subdivision is located, unless alternative lot layout is used pursuant to 16.64.040(B). The average area shall be calculated by dividing the number of dwelling units into the gross area of the total land development, minus that area occupied by streets. The commission may grant a density bonus of not more than fifteen percent to planned unit developments where it is found that unique, beneficial design features (such as solar efficiency, recreation facilities, or other community assets) warrant such abonus. The commission shall clearly state its findings in support of granting or denying a requested density bonus.

      1.   Density Bonus. The planning commission may grant an increase of up to 20% beyond the maximum density of the underlying base zone if all of the following criteria are met:

         a.   Existing and proposed streets within and connecting to the development site will support the proposed density;

         b.   Existing and proposed water, sanitary sewer and storm drainage systems within and connecting to the development will support the proposed density;

         c.   The development demonstrates innovative site design, outstanding architectural variety, and quality construction which will mitigate the increased density;

         d.   The increased density will be mitigated by providing exceptional CITY OF CANBY quality and increased quantity of usable open space beyond the minimum amount required by section 16.76.010(A), and other amenities, especially active recreational areas.

         e.   A minimum of five (5) percent of the planned unit development’s dwelling units must be single-story units that have at least one (1) entrance accessible via a route that does not have any stairs between it and the street lot line or an on-site parking space.

      2.   Exceptions.

         a.   Cottage cluster units provided within a planned unit development do not count toward the maximum density standard of the underlying base zone. Cottage cluster developments proposed within a planned unit development must meet the applicable development and design standards for cottage cluster developments per section 16.21.080.

   C.   The density allowed in each base zone may be spread throughout the planned unit development site.

   D.   To achieve the goals of low impact development, buildings are encouraged to be clustered within the designated development area of the site. Clustering is intended to preserve open space, reduce total impervious surface area, and minimize development impacts on critical areas and associated buffers. Preservation of open space reduces potential stormwater runoff and associated impacts and provides area for dispersion, filtration and infiltration of stormwater. The arrangement of clustered buildings shall be designed to avoid development forms commonly known as linear, straight-line or highway strip patterns.

   E.   The use of LID best management practices in site design and development is required where site and soil conditions make it feasible option. LID practices shall meet the standards set forth in the Canby Public Works design Standards.

Ord. 740 section 10.5.50, 1984; Ord. 890 section 57, 1993; Ord. 1338, 2010; Ord. 1514, 2019; Ord 1634, 2024)

Prior to development, application shall be made to the commission for site approval for all or any portion of the proposed development. Where only a portion of the development is submitted for approval, a master plan shall also be submitted indicating the intended layout for the total development. The form of the application shall follow the requirements and be subject to the standards and criteria of a subdivision or conditional use permit, depending upon whether the proposed development involves the division of property. Additional to the information which is otherwise required, the applicant shall submit accurate information on all of the following which may be applicable:

   A.   Any areas proposed to be dedicated or reserved for public parks, schools, playgrounds, or otherwise dedicated or reserved for public purposes;

   B.   Other undedicated open space set aside for the use of the residents of the development in common. Access and types of access for the open space area or areas shall be shown;

   C.   A general land use plan for the proposed subdivision indicating the areas to be used for various purposes;

   D.   Types of dwellings and site locations thereof;

   E.   Proposed locations of off-street parking areas with dimensions;

   F.   Pedestrian walks, malls and other trails, both public and private. The commission may require a complete circulation plan if warranted by the size and type of development;

   G.   The stages to be built in progression, if any;

   H.   The location of adjacent utilities intended to serve the development and a layout of the utilities within the development;

   I.   Table showing the density and lot coverage of the overall development;

   J.   Such other pertinent information as the commission may require in order to make necessary findings on the site approval. (Ord. 740 section 10.5.60(A), 1984)

   K.   A Traffic Impact Study (TIS) may be required in accordance with Section 16.08.150. (Ord. 1340, 2011)

Additional to the standards and criteria listed in Divisions III and IV which are applicable to planned unit development, the following standards and criteria shall apply:

   A.   The site approval as acted upon by the commission shall be binding upon the developer, and variations from the plan shall be subject to approval by the commission.

   B.   All land within the planned unit development may be subject to contractual agreements with the city and to recorded covenants providing for compliance with the city's requirements.

   C.   The development of the property in the manner proposed will be in keeping with the requirements of this title, other than those provisions allowing for special treatment of PUD's.

   D.   The plan for the proposed development shall present a unified and organized arrangement of buildings and service facilities.

   E.   The development must be designed so that the land areas and buildings around the perimeter of the project do not conflict with the adjoining properties. Where the development is adjacent to lower intensity uses, higher intensity uses should be placed within the interior of the project. The commission may establish special conditions for the perimeter of the development to minimize or mitigate potential conflicts.

   F.   Each planned unit development shall be a complete development considering all previous requirements. The commission may, in addition, require the inclusion of facilities such as special curbs, sidewalks, streetlights, storm drainage, sanitary sewers, underground power and telephone lines, landscaping and adequate easements for utilities.

   G.   Land which is not intended for physical development, such as buildings or street uses, may be required to remain in open space usage perpetually. Maintenance of such open space areas shall remain the responsibility of the individual owner or owners' association, in a manner outlined in the by-laws of such association.

   H.   The manner in which any open space or park and recreational area is to be maintained shall be submitted, along with the preliminary copy of the proposed owners' association bylaws and contractual agreements, with the preliminary subdivision. In the case of an individual owner, the commission may impose special requirements to assure long-term maintenance.

   I.   The Planning Commission may, and in the case of single story or townhouse structures shall, require the separation of utilities from one unit to the next.

   J.   In reviewing an application for the conversion of existing residential units to condominiums, the commission shall utilize the general standards as are applied to the new construction of planned unit developments. A proposed conversion which is not found to meet the standards customarily applied to planned unit developments will not be approved.

   K.   In reviewing an application for the conversion of existing residential units to condominiums, the Planning Commission shall consider the vacancy rates of multiple-family rental units throughout the city at the time of the application. It is the intent of the city to assure that there is at least one suitable rental unit available and vacant for each unit converted to condominium ownership.

   L.   No fence/wall shall be constructed throughout a planned unit development where the effect or purpose is to wall said project off from the rest of the community unless reviewed and approved by the Planning Commission. (Ord. 740 section 10.5.60(B), 1984; Ord. 955 section 30, 1996; Ord 1634, 2024)

   A.   In considering a proposed planned unit development project, the approval thereof may involve modifications in the regulations, requirements and standards of the zoning district in which the project is located so as to appropriately apply such regulations, requirements and standards to the development. Modification of the lot size, lot width, and yard setback requirements may be approved by the commission at the time of the approval of the tentative subdivision plat or conditional use permit.

   B.   Building height shall conform to the zoning district in which the development is located.

   C.   Off-street parking and off-street loading requirement shall be pursuant to Division III. (Ord. 740 section 10.5.60(C), 1984)

In that the new construction of small condominium projects is expected to have no adverse impacts on the appropriate growth and development of the city, the regulations set out in this chapter shall apply to such projects involving six or fewer units on a single parcel. (Ord. 740 section 10.5.70[part], 1984)

Application procedures shall be as described in Chapter 16.89. (Ord. 740 section 10.5.70(A), 1984; Ord. 1080, 2001)

The following standards shall apply to all condominium projects involving the new construction of six or fewer units:

   A.   All utilities shall be separated on a unit-to-unit basis, except in cases where the units are to be in multi-story structures where some of the units will not have ground floors, in which case the utilities shall be separated as much as possible from one unit to the next. The developer shall present plans for utility separation to the city engineer, utility board manager, Canby Telephone Association manager and, if warranted, an appropriate official of the Northwest Natural Gas Company.

   B.   Applicants shall be responsible for compliance with all applicable city, county and state regulations governing the construction, platting and sale of condominium units.

   C.   Improvement requirements for small condominium projects shall be the same as those which would be required for a subdivision of the property. These shall include:

      1.   Curb, gutter and sidewalk construction to city standards;

      2.   Installation and extension of utilities;

      3.   Street improvements adjacent to site;

      4.   Dedication of right-of-way sufficient to allow for the widening or expansion of the street;

      5.   Filing of a waiver of the right to remonstrate against any future public facility or utility improvements which would benefit the property. (Ord. 740 section 10.5.70(B), 1984)

   A.   The City Planner shall review the information submitted by the applicant and shall determine whether it meets the requirements of this and other applicable ordinances. Upon completion of this review, the City Planner shall notify the applicant in writing of the required conditions to be met prior to sale or occupancy of the units.

   B.   If modifications to the project are necessary to assure compliance with the applicable regulations, the City Planner shall notify the applicant of such modifications.

   C.   Included with the written notification from the City Planner will be one copy of the proposed plot plan labeled “tentatively approved,” or “tentatively denied” and marking any modification or corrections which may be necessary. (Ord. 740 section 10.5.70(C), 1984)

   A.   The applicant shall be responsible for compliance with all applicable requirements prior to sale or occupancy of the units. This shall include the following final procedures as well as compliance with the basic standards of this and other applicable ordinances.

   B.   The developer shall file with the City Planner a reproducible copy (Mylar or sepia) of the recorded plat of the development.

   C.   Included with the copy of the plat will be copies of the by-laws of the owners' association and any contracts, covenants, restrictions or waivers of remonstrance recorded for the property. (Ord. 740 section 10.5.70(D), 1984)

Proposals to convert existing rentals or leased property to condominium ownership shall comply with the requirements of section 16.70.030, regardless of the number of units involved. Applicants intending to utilize the provisions of this chapter must file the appropriate application and receive written approval from the City Planner prior to receipt of a certificate of occupancy for the units. (Ord. 740 section 10.5.70 (E), 1984)

All manufactured or mobile home subdivisions, as defined in this title, are treated as planned unit development applications. This insures an adequate design review process for this type of development which may occur in any residential zone. (Ord. 890 section 59, 1993; Ord. 740 section 10.5.80[part], 1984)

Although it may warrant special conditions of approval in terms of exterior appearance, the nature or value of surrounding development shall not be the basis of denial of an application for a manufactured or mobile home subdivision. (Ord. 890 section 60, 1993; Ord. 740 section 10.5.80 (A), 1984)

   The following minimum standards shall be applied to all manufactured or mobile home subdivisions:

   A.   Mean average lot size to be at least eighty-five percent of that normally required for single-family dwellings within the zone, with no lots smaller than sixty-eight percent of that normally required.

   B.   Any conventional residential units (i.e., not manufactured or mobile homes) to be constructed within the subdivision are to be located on lots of at least seven thousand square feet.

   C.   All units are to be placed on, and securely fastened to, permanent foundations meeting city Building Code requirements.

   D.   All units are to be fully skirted in a manner which obscures the undercarriage of the structure. Such skirting is to be of a material which matches or reasonably compliments the siding of the unit. The commission may require site preparation such that the frames of the mobile homes are not elevated above the surrounding ground level, unless they are attached to a permanent lower floor.

   E.   Adequate storage areas are to be provided. The commission may require the construction of separate storage buildings on each lot within the development or the construction of a single storage area for the use of the entire subdivision.

   F.   Setbacks may be reduced to a minimum of five feet, except along the perimeter of the development and along any public street, in which cases a setback of twenty feet shall be maintained. The commission may use its discretion to allow for some variation in building orientation from lot to lot to increase visual variety.

   G.   A minimum of twenty percent of the total area shall be landscaped, including a strip at least twenty feet in width along the perimeter of the development.

   H.   A site-obscuring fence not less than four, nor more than six feet in height shall be constructed around the perimeter of the development, other than those areas where a reduced height is required for vision clearance on street frontage.

   I.   Water line sizing and fire hydrant locations shall be established by the supervisor of the water department and the Fire Marshal.

   J.   The commission may set special conditions of approval for the lots on the perimeter of the development to assure that they are aesthetically pleasing. Such conditions may include:

      1.   Requiring that the larger lots be located along the perimeter;

      2.   Requiring all units to have pitched roofs, lapped siding, composition shingle or shake roofs, double-wide construction or similar requirements to assure compatibility with nearby developments which may or may not include manufactured or mobile homes. (Ord. 890 section 61 1993; Ord. 740 section 10.5.80 (B), 1984)

   A.   The Planning Commission may permit the development of special housing projects for the elderly or handicapped, subject to the provisions of this chapter.

   B.   It is recognized that the elderly and handicapped often have special housing needs and frequently cannot afford conventional housing. In order to reduce costs, densities may be increased beyond those normally allowed by zoning, and parking requirements may be reduced if normal requirements are found to be unnecessary for the type of development proposed.

   C.   Special emergency response or fire safety requirements may be imposed in order to assure public safety in these unique developments. (Ord. 740 section 10.5.90(A), 1984)

The conditions of this chapter are intended to be applied to either condominium or rental type developments which meet the criteria of housing for the elderly or handicapped. (Ord. 740 section 10.5.90(B), 1984)

In reviewing an application for a special housing project for the elderly or handicapped, the Commission shall utilize the standards and criteria which are applicable to other planned unit development proposals, requiring either a conditional use permit or a subdivision approval, depending on whether the development involves the division of property. (Ord. 740 section 10.5.90(C), 1984)

The standards normally applied to a planned unit development may be modified by the Commission in the case of special housing projects for the elderly or handicapped, provided that specific findings of fact are entered in support of such modifications. The Planning commission may:

   A.   Increase the permitted density by not more than fifty percent of that normally allowed within the zone;

   B.   Decrease the amount of required parking by not more than sixty percent of that normally required;

   C.   Decrease the area required for outdoor recreation, if sufficient area is provided for open space and if indoor recreation facilities are provided;

   D.   Increase the amount of permitted lot coverage by not more than ten percent of that normally required;

   E.   Require special emergency access drives, fire hydrants, or other improvements which are intended to ensure the safety of the residents;

   F.   Impose such special conditions of approval as are deemed to be necessary to minimize any adverse impacts of a higher density development upon surrounding properties. (Ord. 740 section 10.5.90(D), 1984)

Special housing projects for the elderly or handicapped, where densities higher than normally permitted by zoning are requested, shall be encouraged only in locations which are near commercial services. (Ord. 740 section 10.5.90 (E), 1984)

The Commission shall require adequate assurance that any development proposed under the conditions of this chapter will be restricted to occupancy by the elderly, handicapped, or such caretakers as may be necessary.