Cornelius City Zoning Code

Encourage originality, flexibility, and innovation in site planning and development, including the architecture, landscaping, and graphic design of said development.

Discourage monotonous, drab, unsightly, dreary, bright, showy, gaudy or cheaply ornate, and inharmonious development.

Conserve and enhance the city's natural beauty, visual character, and charm by insuring that structures, signs, and other improvements are properly related to their sites, and to surrounding sites and structures, with due regard to the aesthetic qualities of the natural terrain and landscaping, and that proper attention be given to exterior appearances of structures, signs, and other improvements.

Protect neighboring owners and users by assuring that reasonable provisions have been made for such matters as surface water drainage, suitable sound and sight buffers, the preservation of views, light and air, and those other aspects of design included under the zoning provisions of this code which may have substantial effects on neighboring land uses.

Ensure timely, orderly, and efficient administration of development permits.

Design review Type I actions that propose to exceed a sum total of 10 percent change(s) to an approved plan shall be processed as a design review Type II request. The appropriate city application and fee shall be required.

Design review Type II actions that propose a sum total of 50 percent or more change to an approved plan shall be processed as a design review Type III request. The appropriate city application and fee shall be required.

Site clearing, fill and grading involving more than 20 and less than 50 cubic yards, prior to the issuance of a development permit.

Site plans for detached single-unit dwellings, prefabricated dwellings, middle housing and accessory dwelling units.

Moving of residential and other structures.

Remodeling that changes by 20 percent or more the exterior appearance of the building or structure elevations.

All fences that are nonresidential or require a building permit shall be reviewed relative to screening, buffering, safety, building code and security.

Change in use or business that does not meet the threshold for a Type II or III review, but is identified as a different use by the off-street parking standards or as a change of occupancy as defined by the building official.

Conversion of an existing, legal multi-family residential dwelling (i.e., apartments) to condominiums.

Outdoor seating and outdoor display or storage in the central mixed use, core commercial, and gateway mixed use districts.

Other minor changes to a site or building not meeting the threshold of a Type II or Type III review, as determined by the community development director.

Conversions of a single-family dwelling to a duplex, triplex, quadplex, or cottage cluster dwelling, provided the following criteria are met:

Increases in building area of between 10 and 50 percent when materials substantially match the originals.

Addition or subtraction of similar or compatible approved parking spaces between 10 and 50 percent.

Addition or subtraction of similar or compatible approved landscape area between 10 and 50 percent.

Modification of loading facilities.

Resubmittal of Type III plans which have expired pursuant to CMC § 18.100.060(A), and are being resubmitted within one year of expiration and exactly as originally approved.

Review of minor development modifications to previously approved master plans/planned unit developments.

Site clearing, fill and grading involving 50 cubic yards or more, prior to the issuance of a development permit.

Other moderate changes to structures or sites.

New development of multi-unit dwelling developments in the core residential district.

Review of major development revisions to previously approved master plans/planned unit developments.

General site plans for new development or substantial redevelopment.

New development, buildings or structures not part of a previously approved master plan.

Variances proposed with a design review request.

Building additions with an increase of over 50 percent of the existing building area.

Addition or subtraction of approved parking over 50 percent of the existing area.

Addition or subtraction of approved landscape area over 50 percent of the existing area.

Facilities and Services. The public and private facilities and services provided by the development are adequate as to location, size, design and timing of construction in order to serve the residents or establishments to be accommodated and meet city standards and the policies and requirements of the comprehensive plan. The service provider is presumed correct in the evidence which they submit;

Traffic Generation. Based on anticipated vehicular and pedestrian traffic generation and the standards and policies of the comprehensive plan, adequate right-of-way and improvements to streets, pedestrian ways, bikeways, transitways and other ways are provided by the development in order to promote safety, reduce congestion, conserve energy and resources, and encourage transit use, bicycling and walking. Consideration shall be given to the need for constructing, widening and/or improving, to the standards of the comprehensive plan and this code, public streets, bicycle, pedestrian, and other ways in the area of the proposed development impacted by the proposed development. This shall include, but not be limited to, improvements to the right-of-way, such as installation of lighting, signalization, turn lanes, median and parking strips, traffic islands, paving, curbs and gutters, sidewalks, bikeways, transit facilities, street drainage facilities, traffic calming devices, and other facilities needed because of anticipated vehicular, transit, bicycle, and pedestrian traffic generation. Access and street design shall comply with the standards identified in Chapter 18.143 CMC, Transportation Facilities, and Chapter 5 of the adopted public works standards. Street trees shall be installed to the standards identified in Chapter 5 of the adopted public works standards. In lieu of actual construction of off-site improvements, the committee may accept written waivers of remonstrance to the formation of local improvement districts for the purpose of providing the needed off-site improvements or cash payment to the city in an amount equal to the estimated cost of said off-site improvements;

Dedication. Adequate dedication or reservation of real property for public use, as well as easements and right of entry for construction, maintenance and future expansion of public facilities and services, shall be required to protect the public from any potentially deleterious effects resulting from the proposed use to fulfill the need for additional, improved services, whether on or off site, created by the proposed use, and to effect the implementation of the standards and policies of the comprehensive plan;

Internal Circulation. There is a safe and efficient circulation pattern within the boundaries of the site. Consideration shall include the layout of the site with respect to the location, number, design and dimensions of vehicular, transit, and pedestrian access, exits, drives, walkways, bikeways, transit stops and facilities, building location and entrances, emergency equipment ways and other related on-site or off-site facilities so that there are adequate off-street parking and loading/unloading facilities provided in a safe, well designed and efficient manner. Consideration shall include the layout of parking, storage of all types of vehicles and trailers, shared parking lots and common driveways, garbage collection and storage points, as well as the surfacing, lighting, screening, landscaping, concealing and other treatment of the same. Developments shall provide a safe and reasonably direct pedestrian connection from the main entrance to the public right-of-way and/or the pedestrian system or both. The pedestrian connection shall be reasonably free of hazards from automobile traffic, so as to help encourage pedestrian and bicycle travel;

Maintenance of Private Facilities. Adequate means are provided to ensure continued maintenance and necessary normal replacement of private common facilities and areas, drainage ditches, streets and other ways, structures, recreation facilities, landscaping, fill and excavation areas, screening and fencing, ground cover, garbage storage areas and other facilities not subject to periodic maintenance by the city or other public agency. Materials, including wastes, shall be stored and managed, and grounds shall be maintained in a manner that will not attract or aid in the propagation of insects or rodents or cause a health hazard;

Public Facilities. The structures and public facilities and services serving the site are designed and constructed in accordance with adopted codes and/or city standards at a level which will provide adequate fire protection and protection from crime and accident, as well as protection from hazardous conditions due to inadequate, substandard or ill-designed development;

Security. Adequate facilities shall be provided to prevent unauthorized entries to the property, facilitate the response of emergency personnel, and optimize fire protection for the building and its occupants. Adequate facilities may include, but not be limited to, the use of lighted house numbers and a project directory for multi-unit dwelling development;

Grading. The grading and contouring of the site takes place and site surface drainage and on-site storage of surface waters facilities are constructed so there is no adverse effect on neighboring properties, public rights-of-way or the public storm drainage system and that said site development work will take place in accordance with the city site development code;

Utilities. Prior to the development of a site, utilities shall be extended to serve the site or financially secured for extension to serve the site. Connection to city utilities shall be required prior to final inspection and occupancy. Electric, telephone, and other utility services to new development shall be located underground. New utilities for redeveloped parcels shall be located underground from the right-of-way to the redeveloped parcels;

Accessibility. Access and facilities for physically handicapped people are incorporated into the site and building design with particular attention to providing continuous, uninterrupted access routes;

Bicycle Lanes and Sidewalks. Where street improvements on arterials and collectors are required as a condition of development approval, they shall include bicycle lanes or off-street multi-modal pathways, and sidewalks constructed in accordance with city standards.

Relation of Building to Site. The proposed structures shall be related harmoniously to the terrain and to existing buildings which have a visual relationship to the proposed structure. Building height, bulk, lot area, coverage, setbacks, and scale should be particularly considered with regard to achieving compatible relationships. Screening, except in the industrial zone, exposed storage areas, utility buildings, machinery, service and truck loading areas, solid waste disposal cans, containers and other structures, and other accessory uses and structures, shall be adequately set back and screened. If a building is constructed, enlarged or altered to meet Type II thresholds and is located within 500 feet of a bus/transit stop, a main entrance door shall be placed on the street side of the bus/transit line and located as close as structurally possible to the bus/transit stop in compliance with this title;

Trees and Vegetation. The development has been designed to, where possible, incorporate and preserve existing trees or vegetation of significant size and species. Consideration shall be given to whether habitat, survival of the tree species, and aesthetics can best be achieved by preserving groves or areas of trees as opposed to only individual trees;

Historic Structures. Consideration is given to the effect of the proposed development on historic buildings or features both on the site and within the immediate area;

Grading and contouring of the site shall take place with particular attention to minimizing the possible adverse effect of grading and contouring on the natural vegetation and physical appearance of the site;

Landscaping. The quality, location, size, and structural and aesthetic design of walls, fences, berms, traffic islands, median areas, hedges, screen planting and landscape areas are such that they serve their intended purposes and have no adverse effect on existing or contemplated abutting land uses;

Lighting. Adequate exterior lighting shall be provided to promote public safety, and shall be designed to avoid unnecessary glare upon other properties;

Solar Access. In determining the appropriate relation of the building or structure to the site, the committee shall require that the building or structure be located on the site in a location and direction that will maintain, where feasible, solar access for adjacent properties and buildings or structures within the site.

Material misrepresentation of fact in the application or in testimony or evidence submitted, whether the misrepresentation is intentional or unintentional.

Failure to complete work within the time and in the manner approved without obtaining an extension of time or modification of plans.

Failure to maintain and use the property in accordance with the approved plans and conditions.

Eaves: minimum 12 inches.

Dormer: minimum four feet wide.

Window trim: minimum three inches.

Recessed entrance: minimum two feet deep.

Balcony with a railing: minimum four feet deep and six feet wide; railing minimum four feet tall.

Porch: minimum four feet deep and six feet wide.

Off-sets in building face or roof: minimum 16 inches.

Recessed window: minimum three inches deep.

Pitched roof: minimum 4:12 or 3:12.

A variation of three different building materials, the least of which shall be five percent of the facade.

Pillars or posts.

Knee or eave braces.

Brick, cedar shingles, or stucco covering 10 to 15 percent of the street-facing facade.

Shutters on each ground level street-facing window: minimum 12 inches wide, 24 inches tall.

Railing around all sides of a front porch: minimum three feet tall.

Front door surface made of at least 25 percent glass or window.

Window grids on all street-facing windows.

Roof over front porch or balcony.

Different colors between at least two of the following on the street-facing facade: trim, doors, windows, walls, shutters, railings, posts/pillars.

Variation of at least two siding textures or styles among board and batten, vinyl, lap, brick, stone, natural wood, cedar, fiber cement siding, stucco, horizontal or vertical wood, or metal.

Uses designated in this title as conditional uses permitted shall be permitted or enlarged or altered upon approval of the commission in accordance with the standards and procedures specified in this chapter.

The conditions may include, but are not limited to, the following requirements:

Change in use, expansion or contraction of site area, or alteration of structures or uses classified as conditional existing prior to the effective date of the ordinance codified in this title shall conform to the regulations pertaining to conditional uses. If the site is found inappropriate for the use requested, the commission may deny approval of the conditional use.

In addition to all other applicable standards and authority regulating the consideration of applications for a conditional use for home occupation, the following standards and conditions shall apply:

The proposed development will comply with the comprehensive plan;

The applicable requirements of the zoning district are satisfied; and

That the location, size, design, and functional characteristics of the proposed use are such that it can be made reasonably compatible with and have a minimum impact on the livability and appropriate development of other properties in the surrounding neighborhood;

The granting of the proposal will provide for a facility that is consistent with the overall needs of the city.

The permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure unless otherwise specified in conditions attached to the permit.

The applicant shall file a copy of the approved conditional use permit with the Washington County Department of Records and Elections. Building permits shall not be issued until the applicant has provided evidence satisfactory to the city of compliance.

The community development director shall provide forms that specify the information required for submission of a planned unit development (PUD). The applicant shall prepare site plan(s) with other supplementary material as may be required and shall submit the necessary number of copies to the community development director.

Applicability of Planned Unit Development Regulations. The requirements for a planned unit development set forth in these sections are in addition to the conditional use permit (CUP) procedures, authority and standards of Chapter 18.105 CMC. The applicant must submit a request for a PUD in conjunction with an application for a CUP.

Plans submitted for planned unit developments shall be subject to design review of site plans, which shall include any and all information describing the proposed lot and street layout, relationship to adjacent properties and major road systems, locations of building masses (size, type, and function) and building design. The applicant may provide an alternative to the building design information by submitting a justification why it is necessary and appropriate to deviate from this requirement. Open spaces, parks and greenways, as well as any recreation facilities, shall be specified.

An applicant shall submit the required documents as prescribed by the community development director on the application checklist. Once the application is deemed complete, the applicant will provide the necessary copies as determined by the community development director for review by the planning commission. The preliminary plan shall include the following information:

Prior to the public hearing before the planning commission, the community development director shall distribute copies of the request to the facilities and design review committee to review and to prepare their recommendation to the planning commission.

There are special physical or geographic conditions or objectives of development which warrant a departure from the standard title requirements.

Resulting development will be consistent with overall planning and zoning objectives of the city.

The area around the development can be planned to be in substantial harmony with the proposed plan.

If the applicant is proposing phasing the project, then identify the schedule for phasing. If the applicant is not proposing to phase the project, then identify the time frame for completion.

Provide findings that economically justify a proposed commercial or industrial development.

The streets are adequate to support the anticipated traffic and the development will not overload the streets outside the planned area.

Proposed utility and drainage facilities are adequate for the population densities and type of development proposed.

The planning commission shall notify the applicant whether, in its opinion, the foregoing provisions have been satisfied and if not, whether they can be satisfied with further plan revision.

Following this meeting, the applicant may proceed when approval is given by the commission.

Conditions. In addition to the requirements of this chapter, the commission may attach conditions it finds are necessary to carry out the purposes, objectives and standards of the planned unit development conditional use.

Zoning Map. Planned developments shall be established as conditional uses with other regular zones, and an approved planned unit development shall be identified on the zoning map or map amendments with the letters PD in addition to the abbreviated designation of the pre-established zoning.

Availability of Plan. A certified print of the approved development plan shall be maintained without charge in the office of the community development director.

Building Permits. Building permits in a planned unit development shall be issued only in accordance with the approved development plan. Any major changes in the approved development plan shall be submitted to the planning commission for processing as an amendment to the ordinance codified in this title. Minor amendments to the approved development plan may be processed as a Type II process. Minor amendments include, for example, those that reduce residential density; increase public amenities or public open space areas; or result in minor shifts in building heights or locations, easement configuration, or other interior site improvements. The classification of a minor versus major amendment to an approved development plan shall be at the discretion of the community development director.

Before a planned unit development shall be approved by the commission, a preliminary subdivision plat shall be prepared to be considered in conjunction with the planned unit development plan. This requirement shall not apply in the event subdivision of the land would not be required under the subdivision regulations of the city.

If no construction has begun or no use established in the planned unit development within one year after approval of the final plan, the final plan shall lapse and be of no further legal effect. In its discretion and for finding of good cause, the commission may extend for one year the period for beginning of construction or the establishment of use. The applicant shall present his case for cause before the planning commission at its regularly scheduled meeting.

Special conditions exist, which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings, or structures in the same district.

Strict interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.

The authorization of the variance shall not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any city development plan or policy.

The special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience.

The variance requested is the minimum variance from the provisions and standards of this title which will alleviate the hardship.

Notice of the time, place and purpose of the public hearing shall be given in accordance with the requirements of Chapter 18.15 CMC.

Recess of Hearing by the Commission. The commission may recess a hearing on a request for a variance in order to obtain additional information or to serve further notice upon other property owners or persons who it decides may be interested in the proposed variance. Upon recessing for this purpose, the commission shall announce the time and date when the hearing will be resumed.

Action of the Commission. The commission may attach conditions to an authorized variance which it feels are necessary to protect the public interest and carry out the purpose of this title. The city recorder shall notify the applicant in writing of the commission's action.

A permit for a temporary business/event cannot exceed 90 days' total duration within a calendar year.

A permit for a temporary business/event for up to 90 days may be issued without notice.

Temporary space to supplement a permanent structure:

Temporary buildings for real estate offices:

Temporary buildings while permanent space is being constructed and construction offices:

All temporary activities shall be conducted at the particular location authorized.

Temporary uses shall be conducted wholly on private property.

No temporary use shall be permitted in the vision clearance area of an intersection as specified under CMC § 18.150.070.

Signs shall be of the type and size specified by the sign standards of the city. They shall be sufficiently stable to resist movement by high winds, and be affixed to the ground or other nonmovable object.

The operator of a temporary use must have the permit available for inspection upon request by city personnel.

The community development director may impose additional conditions consistent with the scope and purpose of this title necessary to safeguard the public health and safety and to minimize potential adverse impact created by the use on surrounding property and uses.

Adequate parking and provisions for safe circulation must be provided. The applicant shall demonstrate that the site has adequate parking facilities to accommodate the anticipated needs. The community development director may make such conditions as are necessary to ensure that adequate parking exists and that automobiles entering or exiting the site do not create a safety hazard.

The property owners must give written authorization for the use of their property by the applicant for a temporary use.

The community development director may require a cash deposit or other security intended to guarantee that any property used will be left after the use terminates in a neat and orderly condition.

Permits shall be valid for up to six months. An applicant may apply for one 60-day extension which shall be approved by the community development director. An extension shall be allowed only when an applicant can demonstrate to the community development director that permanent space will become available within the 60-day limit through lease, rent or construction.

Temporary real estate sales permits shall only be valid for one year. Upon re-application, unlimited extensions for up to a year may be granted. However, each request shall be approved by the community development director.

The temporary building may remain on the site until the permanent structure is completed or until the building permit expires, whichever occurs first.

The community development director is authorized to suspend or revoke any permit if the director has probable cause to believe that the conditions of the permit or any provisions of this title have been violated or that the use is causing a nuisance to the public or surrounding properties. In any case where the director finds a serious danger to the public health or safety, the director may suspend the permit without a hearing. In all other cases, the applicant may appeal the director's decision of revocation per CMC § 18.15.010(A)(4).

The building meets all building and fire code standards.

Within 120 days, the site can meet title criteria or assurance the business will vacate the site.

Documentation, as determined by the community development director, of hardship.

Documentation, as determined by the community development director, that a permanent solution can be found within 120 days from date of occupancy.

The site shall be vacated at the end of 120-day time limit if the building and/or the site does not conform to all standards of the development and zoning code. The applicant shall enter into such agreement as determined by the city attorney and community development director to ensure that this condition is met.

The proposal conforms with the city's comprehensive plan.

The permitted uses of the proposed new zone will not materially and/or adversely affect the character of the neighborhood.

The proposal will place all property similarly situated in the area in the same zoning category or in appropriate complementary categories, without creating a "spot zone."

Hearing by Council. A public hearing held by the council on the proposed amendment to the ordinance codified in this title shall be as provided in ORS Chapter 227.

Record of Amendments. The city recorder shall maintain a record of amendments to the text and map of the ordinance codified in this title in a form convenient for the use of the public.

An area annexed to the city which is not zoned shall be automatically classified as an R-7 zone.

Zoning regulations applicable to an area annexed to the city which is zoned by the county at the time of annexation shall continue to apply in accordance with ORS 227.310 unless, at the time of annexation or at a subsequent time, the council rezones the annexed area.

The proposed plan and amendments shall conform to the requirements of the Oregon Statewide Planning Goals, and applicable administrative rules of the State Land Conservation and Development Commission.

The proposed amendments shall comply with all other applicable laws, rules and regulations of the state, city and other governmental agencies having jurisdiction over land use regulation within the city.

The proposed amendment shall address the criteria identified in Chapter 1 of the city comprehensive plan.

An amendment to the text or the map of the comprehensive plan may be initiated by the council, the planning commission or by application of a property owner, or his or her authorized agent.

Application for amendment by a property owner or his or her authorized agent shall be filed on forms prescribed by the community development director and available from the community development department. The application shall be accompanied by a fee for related services incurred by the city in the processing of the application.

The fees and deposits to be paid by the applicant requesting an amendment to the text or land use map of the comprehensive plan may be established or amended by resolution of the council.

Before taking final action on a proposed amendment to the comprehensive plan, the planning commission shall hold a public hearing. After the public hearing before the planning commission, the council shall hold a public hearing to consider the written report and recommendation of the planning commission relative to the proposed amendment to the comprehensive plan. Notice of the time, place and purpose of the public hearing shall be given in accordance with the requirements of CMC § 18.15.030.

The planning commission and the council may recess their hearing in order to obtain additional information or to provide for further notice of the proceedings. Upon recessing, the planning commission or the council shall announce the time and date when the hearing will be resumed. Any continued public hearing must be to a date certain and be not more than 40 days from the date on which the meeting was continued. The hearing before the council shall be not more than 40 days after the written report and recommendation of the planning commission is filed with the community development director.

A nonconforming single-family dwelling unit may be replaced or restored to the original footprint in all residential zoning districts and the central mixed use zoning district regardless of the extent of damage or destruction. Replacement shall begin within one year of the damage or destruction. If replacement begins more than one year after the damage or destruction, the structure shall conform to the regulations specified in this title.

Except as stated in subsection (B)(1) of this section, if a nonconforming structure is damaged or destroyed by any means to an extent not exceeding 70 percent in value based on an insurance appraisal, the structure may be replaced or restored. If the extent of damage exceeds 70 percent in value, the nonconforming structure shall not be replaced or restored, except in conformity with the provisions of this title. Replacement shall begin within one year of the damage or destruction. If replacement begins more than one year after the damage or destruction, the structure shall conform to the regulations specified in this title.