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Clatskanie City Zoning Code

CHAPTER 13

SPECIAL REGULATIONS

9-13-1: ACCESSORY USES AND STRUCTURES:

Where a lot is devoted to a permitted principal use, customary accessory uses and structures are permitted, except as prohibited specifically or by necessary implication in this title or any other title or building code adopted by the city. The following special rules are applicable:
   A.   Size: Maximum size shall not be more than seven hundred (700) square feet and one story in height.
   B.   Location: Location of a separate structure shall not be less than five feet (5') from any other building.
   C.   Residential Garage: A residential garage, defined as "garage, residential" in section 9-2-2 of this title and meeting the provisions of subsections A and B of this section, is considered an "accessory building" for the purposes of this title.
   D.   Residential Shop: A residential shop, defined as "shop, residential" in section 9-2-2 of this title and meeting the provisions of subsections A and B of this section, is considered an "accessory building" for the purposes of this title. (Ord. 652, 6-4-2008)

9-13-2: VISION CLEARANCE1:

On all corner lots, the sight triangle (described in appendix A, on file at city hall) shall be maintained in a manner that allows unimpeded views between three feet (3') and ten feet (10') above the centerline grades of the intersecting streets. (Ord. 652, 6-4-2008)

9-13-3: SPECIAL RIGHT OF WAY SETBACKS:

The minimum front yard or side yard setbacks as required by this title shall be increased where such setback abuts a street having insufficient right of way to serve the area. The necessary setback shall be increased by the amount needed to reserve the standard right of way for abutting streets. (Ord. 652, 6-4-2008)

9-13-4: HOME OCCUPATION PERMIT:

   A.   Permit Allowed: A home occupation permit is allowed with a business license in any residential zone if it meets the approval standards and requirements of this section.
   B.   Application Requirements; Fee; Protests; Denial: Application and the required fee as set by resolution of the council shall be made to the city. All properties within two hundred fifty feet (250') of the proposed home occupation shall be notified in writing and shall have ten (10) days from receipt of notification to comment. The city manager is authorized to issue a permit if no protests are received that address any of the conditions listed under subsection D of this section. If one or more protests are received that address any of the conditions listed under subsection D of this section, then the application shall be denied. The application fee will not be refunded if the application is denied.
   C.   Appeal To Planning Commission; Fee; Hearing: Any such denial may be appealed to the planning commission along with any required fee as set by council resolution. The planning commission shall review the home occupation permit application after a public hearing and may approve or deny the application with conditions. The application fee will not be refunded if the application is denied.
   D.   Conditions: The following conditions shall apply to each home occupation unless otherwise approved by the planning commission:
      1.   The home occupation activity takes place solely within a residential structure.
      2.   The residential character, use and appearance of the structure is maintained.
      3.   Employees in the residence shall only be the immediate members of the household.
      4.   The home occupation will not be unreasonably detrimental to an adjacent property owner or the neighborhood and will not impose any significant cost upon any adjacent property owner.
      5.   Up to two (2) clients or customers per day are allowed at the residence.
      6.   Storage of any business related materials or supplies shall not be visible from outside the residence.
      7.   There shall be no display, advertising, banners, etc., indicating the residence is used for any purpose other than a dwelling, other than signage that may be allowed under chapter 12 of this title.
   E.   Multiple Permits: More than one home occupation permit may be approved on the same premises, provided all requirements of this section are met as if there were only one home occupation on the premises, and provided that a business license is obtained for each home occupation. (Ord. 652, 6-4-2008)

9-13-5: STATE AND FEDERAL REGULATIONS:

All development shall conform with:
   A.   Noise: The noise level standards established by the state department of environmental quality.
   B.   Air Quality: The air quality standards established by the state department of environmental quality.
   C.   Water: The clean water standards established by the state department of environmental quality and the federal environmental protection agency.
   D.   Wetlands: The provisions of Oregon Revised Statutes 196.600 to 196.665 and 196.800 to 196.990, regarding the conservation and maintenance of wetlands. (Ord. 652, 6-4-2008)

9-13-6: WETLAND DEVELOPMENT1:

This section provides procedures for wetland development in conformance with Oregon Revised Statutes 227.350.
   A.   Acceptable Activities: After the department of state lands has provided the city with a copy of the applicable portions of the statewide wetland inventory, the city shall provide notice to the department, the applicant and the owner of record, within five (5) working days of the acceptance of any complete application for the following activities that are wholly or partially within areas identified as wetlands on the statewide wetlands inventory:
      1.   Subdivisions;
      2.   Building permits for new structures;
      3.   Other development permits and approvals that allow physical alteration of the land involving excavation and grading, including permits for removal or fill, or both, or development in floodplains and floodways; and
      4.   Conditional use permits and variances that involve physical alterations to the land or construction of new structures.
   B.   Exceptions: The provisions of subsection A of this section do not apply if a permit from the department of state lands has been issued for the proposed activity.
   C.   Notice Statements: Approval of any activity described in subsection A of this section shall include one of the following notice statements:
      1.   Issuance of a permit under Oregon Revised Statutes 196.600 to 196.665 and 196.800 to 196.900 by the department of state lands required for the project before any physical alteration takes place within the wetlands;
      2.   Notice from the department of state lands that no permit is required; or
      3.   Notice from the department of state lands that no permit is required until specific proposals to remove, fill or alter the wetlands are submitted.
   D.   Response Time Limit: If the department of state lands fails to respond to any notice provided under subsection A of this section within thirty (30) days of notice, the city approval may be issued with written notice to the applicant and the owner of record that the proposed action may require state or federal permits.
   E.   Local Approval; Need For Permits: The city may issue local approval for the parcels identified as or including wetlands on the statewide wetlands inventory upon providing to the applicant, and the owner of record of the affected parcel, a written notice of the possible presence of wetlands and the potential need for state and federal permits and providing the department of state lands with a copy of the notification of:
      1.   Comprehensive plan map or zoning map amendments for specific properties; and
      2.   Major and minor partitions.
   F.   Notice Of Authorized Activities: Notice of activities authorized within an approved wetland conservation plan shall be provided to the department of state lands within five (5) days following the local approval.
   G.   Failure By City To Provide Notice: Failure by the city to provide notice as required in this section will not invalidate city approval. (Ord. 652, 6-4-2008)

9-13-7: HAZARD AREAS:

Vegetative cover shall be maintained in slide hazard areas and on steep slopes (greater than 20 percent) to the maximum extent practical. The intent of this provision is to maintain the stability of these areas and reduce erosion problems on these sites. If more than fifty percent (50%) of the trees and/or vegetative cover in such a site is removed during one year, that area shall be seeded with grass, replanted with trees or vegetative cover reestablished in some other fashion within six (6) months' time in order to preserve the stability of the area. (Ord. 652, 6-4-2008)

9-13-8: COMMUNICATION TOWERS:

These structures may be permitted as a conditional use in various zones in the city.
   A.   Application For Permit; Requirements: The application for a permit for these structures shall contain the following requirements:
      1.   At the time of construction, the tower will not be allowed between any property and the primary view from a home or business (i.e., dike land, mountains, waterways).
      2.   The tower will only be allowed on property that is larger than the minimum size lot in the zone.
      3.   The space designed for the tower must additionally provide at least the minimum size lot for any residential building remaining on the property.
      4.   Photo simulations are required of any proposed tower from the four (4) cardinal compass points and/or abutting rights of way, whichever provides the most accurate representation of the proposal from a variety of vantage points.
      5.   The city may require information regarding electromagnetic impacts if the city manager deems it appropriate.
      6.   Information as to why this proposal is necessary as opposed to collocating it with another existing facility.
      7.   Information provided by a qualified engineer as to potential interference with other communications, communication devices and/or systems. Assurances must be given that no negative impacts will be present if a tower is constructed and used.
   B.   Lighting: Prior to approval of a conditional use permit and its conditions, the designation of FAA required lighting shall be obtained and provided to the city. It is the intent of the city to not allow any structure with overly bright strobe type lighting.
   C.   Conditions Of Permit: The permit for these structures shall contain at least the following conditions:
      1.   Appropriate screening, landscaping, parking, setbacks and security shall be provided. If part or all of screening is from abutting trees and/or other off site plant life, a provision shall be made to require on site plantings or guarantees of maintenance of off site screening to remain or be replaced in kind (size and species).
      2.   Appropriate painting of tower and facilities, to blend in with screening and/or background shall be required.
      3.   Lighting shall be deflected away from adjoining property and street rights of way. Any FAA required lighting shall not shine into residential homes nor interfere with traffic on public streets.
      4.   Changing requirements by FAA or other state or federal agencies regarding a change or modification of height or lighting standards requires the applicant to submit the change for additional conditions by the city.
      5.   The applicant must return the site to a natural condition after a six (6) month abandonment of the tower and attached antenna facilities. (Ord. 652, 6-4-2008)

9-13-9: TRANSPORTATION IMPROVEMENTS:

   A.   Uses Permitted Outright: Except where otherwise specifically regulated by the ordinance, the following transportation improvements are permitted outright in all zones:
      1.   Normal operation, maintenance, repair, and preservation activities of existing transportation facilities.
      2.   Installation of culverts, pathways, medians, fencing, guardrails, lighting, and similar types of improvements within existing right of way.
      3.   Projects specifically identified in the transportation system plan as not requiring further land use regulation.
      4.   Landscaping as part of a transportation facility.
      5.   Emergency measures necessary for safety and protection of property.
      6.   Acquisition of right of way for public roads, highways, and other transportation improvements designated in the transportation system plan.
      7.   Construction of street or road as part of an approved subdivision or land partition approved consistent with the applicable land division ordinance.
   B.   Conditional Uses: The following transportation improvements are permitted when approved as conditional uses according to the criteria contained in this section:
      1.   Construction, reconstruction, or widening of highways, roads, bridges or other transportation projects that are: a) not improvements designated in the transportation system plan or b) not designed and constructed as part of a subdivision or planned development subject to site plan and/or conditional use review, shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an environmental impact statement (EIS) or EA (environmental assessment), the draft of EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:
         a.   The project is designed to be compatible with existing land use social patterns, including noise generation, safety and zoning.
         b.   The project is designed to minimize avoidable environmental impacts to identified wetlands, wildlife habitat, air and water quality, cultural resources, and scenic qualities.
         c.   The project preserves or improves the safety and function of the facility through access management, traffic calming or other design features.
         d.   Project includes provision for bicycle and pedestrian circulation as consistent with the comprehensive plan and other requirements of this title.
      2.   If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for plan amendment shall be undertaken prior to or in conjunction with the conditional permit review.
      3.   Authorization of a conditional use shall be void after a period specific by the city as reasonable and necessary based on season, right of way acquisition, and other pertinent factors. This period shall not exceed three (3) years. (Ord. 652, 6-4-2008)

9-13A-1: MODULAR HOUSING:

   A.   Siting: (Rep. by Ord. 643, 3-1-2006)
   B.   Conformance With Regulations: Modular housing shall meet the same regulations as required for manufactured dwellings that are stated in this article. (Ord. 643, 3-1-2006)

9-13A-2: MANUFACTURED DWELLINGS:

   A.   Within Park Or Subdivision: "Manufactured dwellings", as defined in subsection C of said defined term in section 9-2-2 of this title, may be sited in a manufactured dwelling park or subdivision.
   B.   Lots Outside Park Or Subdivision: "Manufactured dwellings", as defined in subsection C of said defined term in section 9-2-2 of this title, may be sited on individual lots outside of a manufactured dwelling park or subdivision, in any residential zone, in conformance with section 9-13A-5 of this article. (1996 Code § 17.72.070; amd. 2004 Code)

9-13A-3: SITING STANDARDS FOR MANUFACTURED DWELLING PARKS:

   A.   Compliance With State Standards: All manufactured dwelling parks shall meet or exceed the state standards listed in Oregon Revised Statutes chapter 446 and Oregon administrative rules 814, division 28.
   B.   Application And Review Procedures: The procedures for application and review of a proposed manufactured dwelling park are described in sections 9-15-4 through 9-15-7 of this title.
   C.   Required Information: In addition, the following information shall accompany the tentative plan:
      1.   Proposed circulation patterns, parks, playgrounds, open spaces and existing natural features that will be maintained.
      2.   Proposed layout indicating that each dwelling, and any attached accessory structures, will be located not less than:
         a.   Fifteen feet (15') from any other dwelling or attached accessory structure;
         b.   Ten feet (10') from any detached accessory building, or other building located within the proposed park; and
         c.   Five feet (5') from the proposed park property line. (1996 Code § 17.72.075)

9-13A-4: SITING STANDARDS FOR MANUFACTURED DWELLING SUBDIVISIONS:

   A.   Compliance With State Standards: All manufactured dwelling subdivisions shall meet or exceed the state standards listed in Oregon Revised Statutes chapter 446, and Oregon administrative rules 814, division 28. (1996 Code § 17.72.080; amd. Ord. 599, 11-3-1999)
   B.   Application And Review Procedures: The procedures for application and review of a proposed manufactured dwelling subdivision are described in sections 9-15-4 through 9-15-7 of this title. (1996 Code § 17.72.080)

9-13A-5: PLACEMENT STANDARDS OUTSIDE PARKS OR SUBDIVISIONS:

In addition to the standards of the zone in which the manufactured dwelling is to be located, the following placement standards must be satisfied:
   A.   Multisectional: The manufactured dwelling must be multisectional (a "tip out" is not considered to be multisectional) and enclose at least eight hundred (800) square feet.
   B.   Foundation: The dwelling must be located not more than twelve inches (12") above grade on an excavated and backfilled foundation which is enclosed at the perimeter. (1996 Code § 17.72.085)
   C.   Pitched Roof, Slope: The dwelling must have a pitched roof, with a slope of at least three feet (3') in height for each twelve feet (12') in width.
   D.   Siding: Exterior siding must be of wood, hardboard or aluminum (vinyl covered or painted but not exceeding the reflectivity of gloss white paint) comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.
   E.   Roof Finish: The roof must be finished with materials used for standard residential construction. (1996 Code § 17.72.085; amd. 2004 Code)
   F.   Exterior Thermal Envelope: The exterior thermal envelope must meet performance standards equivalent to those required for single-family dwellings under the state building code.
   G.   Garage Or Carport: The manufactured dwelling must have either a garage or a carport. (1996 Code § 17.72.085)

9-13A-6: NONCONFORMING MANUFACTURED DWELLINGS:

A "manufactured dwelling" that does not meet the definition of said term, subsection C, in section 9-2-2 of this title and the provisions of section 9-13A-5 of this article and is currently sited on an individual lot outside a manufactured dwelling park or subdivision shall be considered a nonconforming manufactured dwelling. The dwelling shall be allowed to remain at its current site until such time as: (1996 Code § 17.72.090)
   A.   The dwelling is substantially damaged due to fire, windstorm or earth movement; (Ord. 596, 11-3-1999)
   B.   The primary use of the dwelling changes from residential to nonresidential; or
   C.   The dwelling becomes structurally unsafe, a fire hazard, dilapidated or abandoned for a period of more than one year. (1996 Code § 17.72.090)

9-13B-1: PURPOSE:

The purpose of this article is to ensure that recreation vehicle parks are located, developed, and occupied in accordance with standards and regulations that will protect the health, safety, general welfare, and convenience of the occupants of such parks and the residents of the city. (Ord. 631, 3-3-2004)

9-13B-2: DEFINITIONS:

As used in this article, unless the context or subject matter requires otherwise, the words and phrases defined in this section shall have the below indicated meanings:
PARK MODEL: A structure or vehicle that is distinguished from standard recreational vehicles by the lack of self-contained holding tanks. A "park model" is not an RV.
RV PAD: A concrete surface area provided as the parking location for the RV within a recreation vehicle park.
RECREATION VEHICLE, OR RECREATIONAL VEHICLE, OR RV: A vehicle or portable structure built and designed to be used for temporary occupancy. Such RVs shall contain plumbing, heating, and electrical systems that are operated with or without connection to outside utilities. RVs may include, but are not limited to, campers, motor homes, camping trailers, tent trailers, fifth wheels, and travel trailers.
RECREATION VEHICLE PARK: A tract or parcel of land comprising a minimum of three (3) acres upon which RV spaces are located for temporary occupancy.
RECREATION VEHICLE SPACE: A plot of ground with a sufficient all weather surface area within an RV park intended for temporary location of a recreation vehicle. (Ord. 631, 3-3-2004; amd. Ord. 643, 3-1-2006)

9-13B-3: USE RESTRICTIONS:

   A.   Commercial And Industrial Zones: RV parks are a permitted use within a commercial zone (C-1), and RV parks may be allowed as a conditional use within a light industrial zone (M-2).
   B.   Temporary Occupancy: An RV park owner or operator shall only allow temporary occupancy in the RV park for recreation vehicles.
   C.   Connection To Utilities: Unless located in an RV park, no permanent electrical, water or sewer connections are permitted for RVs, nor shall space for RVs be rented or leased for consideration. (Ord. 631, 3-3-2004)

9-13B-4: MINIMUM DESIGN STANDARDS:

The city shall review all improvements on the site for conformance with state statutes, state administrative rules, and local design standards. In addition to any public facilities that may be required for a commercial development that is reviewed by the city, the following design standard shall apply to RV parks:
   A.   Density: Provided all other standards and requirements of this title are met, the maximum density of an RV park shall not exceed twenty (20) RV spaces per gross acre.
   B.   Trash Receptacles: Exterior trash receptacles are not allowed, except for those provided for customers by the RV park operator or owner. Such receptacles shall be a minimum size of two (2) cubic yards, placed in conveniently accessible areas, and adequately screened on three (3) sides. (Ord. 631, 3-3-2004)
   C.   RV Space, Pad: Each RV space shall have an RV pad constructed of concrete, minimum fourteen feet (14') in width, and be drained appropriately to prevent standing water. The length of each RV pad shall be adequate to allow the RV to be parked on the RV pad. An RV pad shall not be located closer than fourteen feet (14') to any other RV pad and not closer than ten feet (10') to any building, dwelling, street or roadway boundary. An RV pad shall not be located closer than fifteen feet (15') to any property line. An RV space shall not be located in any required off street parking space or required yard areas. (Ord. 631, 3-3-2004; amd. Ord. 643, 3-1-2006)
   D.   Vehicle Parking: All parking spaces within the RV park shall be constructed of asphalt or concrete. In addition to the RV pad, which shall be constructed of concrete, each RV space shall have parking for at least two (2) passenger vehicles. (Ord. 643, 3-1-2006)
   E.   Internal Streets, Access Roads And Pedestrian Paths:
      1.   Internal streets and pedestrian paths in the RV park shall be provided and maintained by the property owner. One-way access roads shall have a width of at least fourteen feet (14'). Two-way access roads shall have a width of at least twenty eight feet (28'). If parallel parking is to be allowed, an additional ten feet (10') of improved width is required along the side where parking is allowed. Any pedestrian path along a street shall be provided on an all weather surface area at least four feet (4') in width.
      2.   Access roads and interior roads and streets shall be paved and each shall have a direct connection to a public paved street. The entrances and exits to the RV park shall be designed with adequate parking area for those registering, checking out, or stopping at any convenience store without blocking access to designated RV spaces and without causing traffic congestion on adjacent streets. The turning radii at intersections and corners shall be adequate to enable safe turning movements and continuous forward motion for RVs.
   F.   Utility Connections: Each RV space shall provide utility connections for electrical, sewer and water service. Water supply shall be sufficient to meet all fire flow requirements. All utilities in the RV park shall be underground.
   G.   Lighting: All outdoor lighting shall be directed away from adjacent residential properties and streets.
   H.   Structures Prohibited: No permanent or temporary structures, including, but not limited to, porches, decks, sheds, and carports, shall be allowed at any RV space.
   I.   On Site Manager, Off Street Parking Spaces: Two (2) off street parking spaces shall be provided and designated for the on site manager. Off street parking will be required for additional employees in compliance with chapter 11 of this title.
   J.   Accessory Buildings Allowed: Accessory buildings are permanent structures that may be constructed on site for RV park users for any of the following uses:
      1.   Office.
      2.   Recreation.
      3.   Equipment and maintenance storage.
      4.   Clubhouse.
      5.   Laundry, restroom, and shower facilities.
      6.   Tourist information center.
      7.   Storage areas for RV park users.
      8.   Convenience and grocery store.
   K.   Access To Accessory Buildings: Accessory buildings shall be accessible only from streets internal to the RV park. Signage for accessory uses, except for the office location, shall not be visible from any street outside the RV park in any manner that is intended to attract customers other than occupants of the RV park.
   L.   Laundry Facilities: One unit of laundry facilities shall consist of a washer and a dryer. One unit of laundry facilities shall be provided for every ten (10) RV spaces in the park.
   M.   Restroom Facilities: One unit of restroom facilities shall consist of a separate shower, toilet, and dressing area for each sex. One unit of restroom facilities for each sex shall be provided for every twenty five (25) RV spaces in the park. Restroom facilities shall be provided with floor drains to permit easy cleaning.
   N.   Storage Of Equipment, Materials: All storage of equipment or materials for maintenance of the premises shall be in permanent structures.
   O.   Landscaping: Landscaping shall be installed in accordance with section 9-10-6 of this title and maintained in a healthy condition at all times. Included within this landscape requirement shall be the following for an RV park:
      1.   One shade tree shall be provided for each three (3) RV spaces in the park.
      2.   An RV park with twenty (20) or more spaces shall provide a play field or playground for children.
   P.   Fencing Required: The perimeter of the RV park, except for that area that fronts on the primary street for access, shall be surrounded by a six foot (6') high sight obscuring fence and trees which will reach a minimum height of six feet (6') upon maturity. The perimeter trees shall not count toward the calculation of landscape requirements under section 9-10-6 of this title.
   Q.   Spaces Numbered Or Lettered: Each RV space within an RV park shall have numbers or letters for identification in accordance with state statutes and administrative rules. (Ord. 631, 3-3-2004)

9-13B-5: GENERAL REQUIREMENTS:

   A.   Residency, Length Of Stay:
      1.   No RV space shall be used as a permanent place of residency.
      2.   No RV shall occupy any space or spaces in an RV park for more than one hundred eighty (180) days during any twelve (12) month period. Length of stay restrictions shall not apply to temporary construction workers who are working at the Port Westward industrial site until after December 31, 2006. A longer length of stay request may be granted by the city for good cause upon written petition by the owner or operator of an RV park on behalf of a particular RV park user.
   B.   Mobile Homes Prohibited: RV parks shall not be occupied by mobile homes or park models.
   C.   Storage Restrictions:
      1.   Materials shall not be stored on top of or under any RV except for those travel containers that are accessories to the RV.
      2.   Household goods, clotheslines, and storage containers, including sheds of any kind, shall not be visible from the outside at any RV space.
   D.   External Appurtenances: No external appurtenances, such as carports, cabanas, or patios may be attached to any RV while it is in an RV park, except for portable awnings and screens that are accessories to and transported with the RV.
   E.   Sales Of Food And Supplies: Camping supplies and convenience foods may be sold within a permanent enclosed structure for the convenience of RV park users.
   F.   Manager, Customer Records: Each RV park shall have an on site manager available at all times to respond to customer concerns. The RV park manager shall maintain records for all customers pertaining to length of stay, and such records shall be made available to the city upon its request.
   G.   Flood Hazard Zone: If the RV park is located in a flood hazard zone, the on site manager of the park will cooperate with government officials upon notice of evacuation. To facilitate an evacuation, the manager of the park will ensure that RVs are able to move quickly out of the floodplain. (Ord. 631, 3-3-2004)

9-13B-6: PERFORMANCE BOND:

The city may require that a developer provide a performance bond to the city in an amount sufficient to cover any off site improvements for public facilities. (Ord. 631, 3-3-2004)

9-13B-7: APPEARANCE AND COMPLIANCE:

The RV park operator or owner shall be responsible for the following: maintenance of the RV park including landscaping and on site utilities; ensuring a nuisance free and clean appearance for the RV park to the satisfaction of the city; and compliance with any special use permit or approved plan conditions. (Ord. 631, 3-3-2004)

9-13B-8: PROCEDURE FOR TENTATIVE PLAN REVIEW:

   A.   Plan Copies, Application And Fee: Ten (10) copies of a plan, drawn to scale, shall be submitted to the city manager with a completed application form and the required fee. The plan shall include the minimum design standards as outlined in section 9-13B-4 of this article.
   B.   Review By City: The city manager shall review the submittal to determine whether the application is complete, as described in subsection 9-3-7D1 of this title.
   C.   Public Hearing: A public hearing before the planning commission shall be scheduled and held in accordance with section 9-3-7 of this title.
   D.   Tentative Plan Approval: Approval of the tentative design plan shall not constitute final acceptance of the recreation vehicle park design. However, the approval of a tentative design shall be binding on the city and the applicant for the purpose of preparing the final recreation vehicle park design. The final design plan must comply with all conditions set forth by the city in the tentative design approval, and the city may require only such changes in the design as are necessary for compliance with the conditions of the tentative plan approval and compliance with all laws and regulations.
   E.   Time Limitation: The tentative design shall be valid for one year from the date of its approval. The planning commission, upon receipt of the applicant's written request, may grant an extension of the tentative plan approval for a period of one year. In granting an extension, the planning commission shall make a written finding that the facts upon which the approval was based have not changed to an extent sufficient to warrant refiling of the tentative plan. (Ord. 643, 3-1-2006)

9-13B-9: PROCEDURE FOR FINAL PLAN REVIEW:

   A.   Submission: The applicant shall submit a final design plan prior to the expiration of the tentative design approval. Any final design not submitted prior to the expiration of the tentative plan approval shall be considered void.
   B.   Information Requirements: The final design shall conform to the information requirements of section 9-13B-5 of this article. The planning commission shall review the final design to determine that it conforms to the tentative design and all applicable conditions.
   C.   Review By City: The city manager shall review the submittal to determine whether the application is complete, as described in subsection 9-3-7D1 of this title.
   D.   Final Design Approval: The final design plan approval must comply with all conditions set forth by the city for tentative plan approval, and the city may require only such changes in the design as are necessary for compliance with the terms of the tentative plan approval and compliance with all laws and regulations.
   E.   Completion Of Improvements: As a condition of final plan approval, the city may require that a performance bond be provided to the city to cover the cost of any improvements required for public facilities. (Ord. 643, 3-1-2006)