A.    Purpose. The purpose of this chapter is to establish standard decision-making procedures that will enable the city, the applicant, and the public to reasonably review applications and participate in the local decision-making process in a timely and effective way. Tables 14.41.100 and 14.41.110 provide keys for determining the review procedure and the decision-making body for particular approvals.

B.    Applicability of Review Procedures. All land use and development permit applications and approvals, except building permits, shall be decided by using the procedures contained in this chapter. The procedure “type” assigned to each application governs the decision-making process for that permit or approval. There are four types of permit/approval procedures: Type I, II, III, and IV. These procedures are described in subsections (B)(1) through (B)(4) of this section. Table 14.41.100 lists all of the city’s land use and development approvals and their required review procedure(s). Table 14.41.110 lists those uses by review procedure.

1.    Type I Procedure (Ministerial). Type I decisions are made by the community development director, or someone he or she officially designates, without public notice and without a public hearing. The Type I procedure is used when there are clear and objective approval criteria, and applying city standards and criteria requires no use of discretion.

2.    Type II Procedure (Administrative). Type II decisions are made by the community development director or designee with public notice, and an opportunity for a public hearing if appealed. The appeal of a Type II decision is heard by the planning commission.

3.    Type III Procedure (Quasi-Judicial). Type III decisions are made by the planning commission after a public hearing, with appeals reviewed by the city council. Type III decisions generally use discretionary approval criteria. The appeal of a Type III decision is heard by the city council.

4.    Type IV Procedure (Legislative). Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy (e.g., adoption of land use regulations, zone changes, and comprehensive plan amendments that apply to entire districts, not just one property). Type IV matters are considered initially by the planning commission with final decisions made by the city council. 

(Ord. 3194 §3(Exh. A), 2025; Ord. 3191 §§4, 5, 2025; Ord. 3138 §§6, 7, 2021; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.1.100)

A.    Types of Approvals. The following types of approvals are reviewed under a Type I procedure:

•    Access permits;

•    Floodplain development permits;

•    Hillside development permits;

•    Home occupations (meeting criteria in Section 14.22.200);

•    Land use reviews, including:

o    Single-family homes;

o    Minor commercial remodels or additions;

o    Minor modifications to approvals;

o    Developments implementing CUP conditions;

o    See Section 14.42.300(A) for more;

•    Sign permits;

•    Subdivision final plat review;

•    Seasonal or special event temporary use permits;

•    Variances (Class A).

B.    Application Requirements.

1.    Application Forms. Type I applications shall be made on forms provided by the community development director or designee.

2.    Application Requirements. Type I applications shall:

a.    Include the information requested on the application form;

b.    Address the criteria in sufficient detail for review and action; and

c.    Be filed with the required fee.

C.    Ministerial Decision Requirements. The community development director or designee’s decision shall address all of the approval criteria, including applicable requirements of any road authority. Based on the criteria and the facts contained within the record, the community development director shall approve or deny the requested permit or action. A written record of the decision shall be provided to the applicant and kept on file at City Hall.

D.    Final Decision. A Type I decision is the final decision of the city. It cannot be appealed to city officials.

E.    Effective Date. A Type I decision is final on the date it is made. (Ord. 3194 §3(Exh. A), 2025; Ord. 3138 §8, 2021; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.1.200)

A.    Types of Approvals. The following types of approvals are reviewed under a Type II procedure:

•    Adjustments;

•    Code interpretations;

•    Modification to approvals;

•    Partitions;

•    Historic alteration permits;

•    Nonconforming use or development determination;

•    Property line adjustments;

•    Replat;

•    Sensitive lands development;

•    Sign permits (historic district);

•    Site design reviews;

•    Subdivisions;

•    Temporary use permits;

•    Variances (Class B).

B.    Preapplication Conference. A preapplication conference is available for Type II reviews. Preapplication conference requirements and procedures are in Section 14.41.600.

C.    Application Requirements.

1.    Application Forms. Type II applications shall be made on forms provided by the community development director or designee.

2.    Submittal Information. The application shall:

a.    Include the information requested on the application form;

b.    Be filed with one copy of a narrative statement that explains how the application satisfies each and all of the relevant criteria and standards in sufficient detail for review and decision-making. Note: Additional information may be required under the specific application requirements for each approval, e.g., Chapters 14.42 (Land Use Review and Site Design Review), 14.43 (Land Divisions and Property Line Adjustments), 14.46 (Modifications to Approved Plans and Conditions of Approval), 14.48 (Code Interpretations), 14.49 (Miscellaneous Permits), and 14.52 (Nonconforming Uses and Developments); and

c.    Be accompanied by the required fee.

D.    Notice of Application for Type II Administrative Decision.

1.    Before making a Type II administrative decision, the community development director or designee shall mail notice to:

a.    All owners of record of real property within a minimum of 100 feet of the subject site;

b.    All city-recognized neighborhood groups or associations whose boundaries include the site;

c.    Any person who submits a written request to receive a notice; and

d.    Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city. The city may notify other affected agencies. The city shall notify the road authority, and rail authority and owner, when there is a proposed development abutting or affecting their transportation facility and allow the agency to review, comment on, and suggest conditions of approval for the application.

2.    The purpose of the notice is to give nearby property owners and other interested people the opportunity to submit written comments about the application before the Type II decision is made. The goal of this notice is to invite people to participate early in the decision-making process.

3.    Notice of a pending Type II administrative decision shall:

a.    Provide a 14-day period for submitting written comments before a decision is made on the permit;

b.    List the relevant approval criteria by name and number of code sections;

c.    State the place, date and time the comments are due, and the person to whom the comments should be addressed;

d.    Include the name and telephone number of a contact person regarding the administrative decision;

e.    Describe proposal and identify the specific permits or approvals requested;

f.    Describe the street address or other easily understandable reference to the location of the site;

g.    State that issues which may provide the basis for an appeal to the land use board of appeals shall be raised in writing prior to the expiration of the comment period. Issues shall be raised with sufficient specificity to enable the decision maker to respond to the issue;

h.    State that all evidence relied upon by the community development director or designee to make this decision is in the public record, available for public review. Copies of this evidence can be obtained at a reasonable cost from the city;

i.    State that after the comment period closes, the community development director or designee shall issue a Type II administrative decision, and that the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice;

j.    Contain the following notice: “Notice to mortgagee, lien holder, vendor, or seller: The City of Cottage Grove Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”

E.    Administrative Decision Requirements. The community development director or designee shall make a Type II written decision addressing all of the relevant approval criteria and standards. Based upon the criteria and standards, and the facts contained within the record, the community development director or designee shall approve, approve with conditions, or deny the requested permit or action. Alternatively, the community development director or the applicant may refer or request to refer the application to the planning commission for review in a public hearing, in which case the review shall follow the Type III procedures in Section 14.41.400. A fee shall be charged for this Type III application.

F.    Notice of Decision.

1.    Within five days after the community development director or designee signs the decision, a notice of decision shall be sent by mail to:

a.    The applicant and all owners or contract purchasers of record of the site that is the subject of the application;

b.    Any person who submits a written request to receive notice, or provides comments during the application-review period;

c.    Any city-recognized neighborhood group or association whose boundaries include the site; and

d.    Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city, and other agencies that were notified or provided comments during the application review period.

2.    The community development director or designee shall cause an affidavit of mailing the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and shall demonstrate that the notice was mailed to the parties above and was mailed within the time required by law.

3.    The Type II notice of decision shall contain:

a.    A description of the applicant’s proposal and the city’s decision on the proposal (i.e., may be a summary);

b.    The address or other geographic description of the property proposed for development, where applicable;

c.    A statement of where the city’s decision can be obtained;

d.    The date the decision shall become final, unless appealed;

e.    A statement that all persons entitled to notice may appeal the decision; and

f.    A statement briefly explaining how to file an appeal, the deadline for filing an appeal, and where to obtain further information concerning the appeal process.

G.    Final Decision and Effective Date. A Type II administrative decision is final for purposes of appeal when mailed by the city. A Type II administrative decision is effective on the day after the appeal period expires. If an appeal is filed, the decision is effective when the appeal is decided.

H.    Appeal. A Type II administrative decision may be appealed to the planning commission as follows:

1.    Who May Appeal. The following people have legal standing to appeal a Type II administrative decision:

a.    The applicant or owner of the subject property;

b.    Any person who was entitled to written notice of the Type II administrative decision;

c.    Any other person who participated in the proceeding by submitting written comments.

2.    Appeal Filing Procedure.

a.    Notice of Appeal. Any person with standing to appeal, as provided in subsection (H)(1) of this section, may appeal a Type II administrative decision by filing a notice of appeal according to the following procedures;

b.    Time for Filing. A notice of appeal shall be filed with the community development director or designee within 14 days of the date the notice of decision was mailed;

c.    Content of Notice of Appeal. The notice of appeal shall contain:

1.    An identification of the decision being appealed, including the date of the decision;

2.    A statement demonstrating the person filing the notice of appeal has standing to appeal;

3.    A statement explaining the specific issues being raised on appeal;

4.    If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period;

5.    Filing fee.

3.    Scope of Appeal. The appeal of a Type II administrative decision by a person with standing shall be a hearing de novo (“a new”) before the planning commission. The appeal shall be limited to the application materials, evidence, other documentation, and specific issues raised in the Type II administrative review.

4.    Appeal Procedures. Type III notice, hearing procedures and decision process shall also be used for all Type II administrative appeals, as provided in Sections 14.41.400(E) through (G).

5.    Final Decision. The decision of the planning commission regarding an appeal of a Type II administrative decision is the final decision of the city and effective on the date it is mailed. The planning commission’s decision may be appealed to the State Land Use Board of Appeals pursuant to ORS 197.805 through 197.860. (Ord. 3194 §3(Exh. A), 2025; Ord. 3191 §5, 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.1.300)

A.    Types of Approvals. The following types of approvals are reviewed under a Type III procedure:

•    Conditional use permits;

•    Greenway conditional use permits;

•    Cottage industry permits;

•    Historic alteration permits;

•    Land use district map changes (no plan amendment required);

•    Master planned developments;

•    Variance (Class C).

B.    Preapplication Conference. A preapplication conference is recommended for all Type III applications; however, it is required for master planned developments. The requirements and procedures for a preapplication conference are described in Section 14.41.600(C).

C.    Application Requirements.

1.    Application Forms. Type III applications shall be made on forms provided by the community development director or designee; if a Type II application is referred to a Type III hearing, either voluntarily by the applicant or staff, or upon appeal, no new application is required.

2.    Submittal Information. When a Type III application is required, it shall:

a.    Include the information requested on the application form;

b.    Be filed with one copy of a narrative statement that explains how the application satisfies each and all of the relevant criteria and standards in sufficient detail for review and decision-making. Note: Additional information may be required under the specific application requirements for each approval, e.g., Chapters 14.42 (Land Use Review and Site Design Review), 14.43 (Land Divisions and Property Line Adjustments), 14.46 (Modifications to Approved Plans and Conditions of Approval), 14.48 (Code Interpretations), and 14.49 (Miscellaneous Permits); and

c.    Be accompanied by the required fee.

D.    Completeness Review. Once the application is filed as required in subsection C of this section, the city has 30 days to determine whether the application is complete. See Section 14.41.600.

E.    Notice of Hearing.

1.    Mailed Notice. The city shall mail the notice of the Type III action. The records of the Lane County Assessor’s Office are the official records for determining ownership. Notice of a Type III application hearing or Type II appeal hearing shall be given by the community development director or designee in the following manner:

a.    At least 20 days before the hearing date, notice shall be mailed to:

1.    The applicant and all owners or contract purchasers of record of the property that is the subject of the application;

2.    All property owners of record within 300 feet of the site;

3.    Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city. The city may notify other affected agencies. The city shall notify the road authority, and rail authority and owner, when there is a proposed development abutting or affecting their transportation facility and allow the agency to review, comment on, and suggest conditions of approval for the application;

4.    Owners of airports in the vicinity shall be notified of a proposed zone change in accordance with ORS 227.175;

5.    Any neighborhood or community organization recognized by the city council and whose boundaries include the property proposed for development;

6.    Any person who submits a written request to receive notice;

7.    For appeals, the appellant and all persons who provided testimony in the original decision; and

8.    For a land use district change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.

b.    The community development director or designee shall have an affidavit of notice be prepared and made a part of the file. The affidavit shall state the date that the notice was mailed to the persons who must receive notice.

c.    At least 14 business days before the hearing, notice of the hearing shall be printed in a newspaper of general circulation in the city. The newspaper’s affidavit of publication of the notice shall be made part of the administrative record.

2.    Content of Notice. Notice of appeal of a Type II administrative decision or notice of a Type III hearing to be mailed and published per subsection (E)(1) of this section shall contain the following information:

a.    The nature of the application and the proposed land use or uses that could be authorized for the property;

b.    The applicable criteria and standards from the development code(s) that apply to the application;

c.    The street address or other easily understood geographical reference to the subject property;

d.    The date, time, and location of the public hearing;

e.    A statement that the failure to raise an issue in person, or by letter at the hearing, or failure to provide statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue, means that an appeal based on that issue cannot be filed with the State Land Use Board of Appeals;

f.    The name of a city representative to contact and the telephone number where additional information on the application may be obtained;

g.    A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards can be reviewed at City Hall at no cost and that copies shall be provided at a reasonable cost;

h.    A statement that a copy of the city’s staff report and recommendation to the hearings body shall be available for review at no cost at least seven days before the hearing, and that a copy shall be provided on request at a reasonable cost;

i.    A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings; and

j.    The following notice: “Notice to mortgagee, lien holder, vendor, or seller: The City of Cottage Grove Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”

F.    Conduct of the Public Hearing.

1.    Unless otherwise provided in the rules of procedure adopted by the planning commission:

a.    The presiding officer of the planning commission shall have the authority to:

1.    Regulate the course, sequence, and decorum of the hearing;

2.    Direct procedural requirements or similar matters; and

3.    Impose reasonable time limits for oral presentations.

b.    No person shall address the commission without:

1.    Receiving recognition from the presiding officer; and

2.    Stating their full name and address.

c.    Disruptive conduct such as applause, cheering, or display of signs shall be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing, or other appropriate action determined by the presiding officer.

2.    At the commencement of the hearing, the planning commission shall state to those in attendance:

a.    The applicable approval criteria and standards that apply to the application or appeal;

b.    A statement that testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision;

c.    A statement that failure to raise an issue with sufficient detail to give the hearings body and the parties an opportunity to respond to the issue, means that no appeal may be made to the State Land Use Board of Appeals on that issue;

d.    Before the conclusion of the initial evidentiary hearing, any participant may ask the planning commission for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing. The hearings body shall grant the request by scheduling a date to finish the hearing (a “continuance”) per subsection (F)(3) of this section, or by leaving the record open for additional written evidence or testimony per subsection (F)(4) of this section.

3.    If the planning commission grants a continuance, the completion of the hearing shall be continued to a date, time, and place at least seven days after the date of the first evidentiary hearing. An opportunity shall be provided at the second hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the second hearing, any person may request, before the conclusion of the second hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or testimony in response to the new written evidence;

4.    If the planning commission leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the city in writing for an opportunity to respond to new evidence submitted during the period that the record was left open. If such a request is filed, the planning commission shall reopen the record.

a.    When the Planning Commission reopens the record to admit new evidence or testimony, any person may raise new issues that relate to that new evidence or testimony;

b.    An extension of the hearing or record granted pursuant to this subsection D is subject to the limitations of ORS 227.178 (“120-day rule”), unless the continuance or extension is requested or agreed to by the applicant;

c.    If requested by the applicant, the city shall allow the applicant at least seven days after the record is closed to all other persons to submit final written arguments in support of the application, unless the applicant expressly waives this right. The applicant’s final submittal shall be part of the record but shall not include any new evidence;

d.    The record shall contain all testimony and evidence that is submitted to the city and that the hearings body has not rejected;

e.    In making its decision, the hearings body may take notice of facts not in the hearing record (e.g., local, state, or federal regulations; previous city decisions; case law; staff reports). The review authority must announce its intention to take notice of such facts in its deliberations, and allow persons who previously participated in the hearing to request the hearing record be reopened, if necessary, to present evidence concerning the noticed facts;

f.    The review authority shall retain custody of the record until the city issues a final decision.

5.    Participants in the appeal of a Type II administrative decision or participants in a Type III hearing are entitled to an impartial review authority as free from potential conflicts of interest and pre-hearing ex parte contacts (see subsection (F)(6) of this section) as reasonably possible. However, the public has a countervailing right of free access to public officials. Therefore:

a.    At the beginning of the public hearing, hearings body members shall disclose the substance of any pre-hearing ex parte contacts (as defined in subsection (F)(6) of this section) concerning the application or appeal. He or she shall state whether the contact has impaired their impartiality or their ability to vote on the matter and shall participate or abstain accordingly;

b.    A member of the hearings body shall not participate in any proceeding in which they, or any of the following, has a direct or substantial financial interest: their spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any business in which they are then serving or have served within the previous two years, or any business with which they are negotiating for or have an arrangement or understanding concerning prospective partnership or employment. Any actual or potential interest shall be disclosed at the hearing where the action is being taken;

c.    Disqualification of a member of the hearings body due to contacts or conflict may be ordered by a majority of the members present and voting. The person who is the subject of the motion may not vote on the motion to disqualify;

d.    If a quorum of members of the planning commission abstain or are disqualified, the city council shall be the hearing body. If all members of the city council abstain or are disqualified, a quorum of those members present who declare their reasons for abstention or disqualification shall be requalified to make a decision;

e.    Any member of the public may raise conflict of interest issues prior to or during the hearing, to which the member of the hearings body shall reply in accordance with this section.

6.    Ex Parte Communications and Conflict of Interest.

a.    Members of the hearings body shall not:

1.    Communicate directly or indirectly with any applicant, appellant, other party to the proceedings, or representative of a party about any issue involved in a hearing without giving notice per subsection E of this section;

2.    Take official notice of any communication, report, or other materials outside the record prepared by the proponents or opponents in connection with the particular case, unless all participants are given the opportunity to respond to the noticed materials;

3.    Participate in a hearing or decision of a proposal when he/she:

i.    Is a party to or has a direct personal or pecuniary interest in the proposal;

ii.    Is in business with the proponent; or

iii.    For any other reason, has determined that he/she cannot participate in the hearing and decision in an impartial manner.

b.    No decision or action of the hearings body shall be invalid due to ex parte contacts or bias resulting from ex parte contacts, if the person receiving contact:

1.    Places in the record the substance of any written or oral ex parte communications concerning the decision or action; and

2.    Makes a public announcement of the content of the communication and of all participants’ right to dispute the substance of the communication made. This announcement shall be made at the first hearing following the communication during which action shall be considered or taken on the subject of the communication.

c.    A communication between city staff and the hearings body is not considered an ex parte contact.

7.    Presenting and Receiving Evidence.

a.    The hearings body may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant or personally derogatory testimony or evidence;

b.    No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing, only as provided in this subsection F;

c.    Members of the hearings body may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evidence.

G.    The Decision Process.

1.    Basis for Decision. Approval or denial of an appeal of a Type II administrative decision or of a Type III application shall be based on standards and criteria in the development code. The standards and criteria shall relate approval or denial of a discretionary development permit application to the development regulations and, when appropriate, to the comprehensive plan for the area in which the development would occur and to the development regulations and comprehensive plan for the city as a whole.

2.    Findings and Conclusions. Approval or denial shall be based upon the criteria and standards considered relevant to the decision. The written decision shall explain the relevant criteria and standards, state the facts relied upon in rendering the decision, and justify the decision according to the criteria, standards, and facts.

3.    Form of Decision. The planning commission shall issue a final written order containing the findings and conclusions stated in subsection (G)(2) of this section, which approves, denies, or approves with specific conditions. The planning commission may also issue appropriate intermediate rulings when more than one permit or decision is required.

4.    Decision-Making Time Limits. A final order for any Type II administrative appeal or Type III action shall be filed with the community development director or designee within 10 business days after the close of the deliberation.

5.    Notice of Decision. Written notice of a Type II administrative appeal decision or a Type III decision shall be mailed to the applicant and to all participants of record within 10 business days after the hearings body decision. Failure of any person to receive mailed notice shall not invalidate the decision, if the city can demonstrate by affidavit that such notice was given. Failure to post notice shall not invalidate any actions pursuant to this code.

6.    Final Decision and Effective Date. The decision of the hearings body on any Type II appeal or any Type III application is final for purposes of appeal on the date it is mailed by the city. The decision is effective on the day after the appeal period expires. If an appeal is filed, the decision becomes effective on the day after the appeal is decided by the planning commission or city council, as appropriate.

7.    Appeal. A Type III decision may be appealed to the city council. Procedures governing who may appeal and appeal filing procedures shall be the same as for Type II applications (see Section 14.41.300(H)(1) through (H)(5)). The notification and hearings procedures for Type III applications on appeal to the city council shall be the same as for the initial hearing (see subsections E and F of this section). Appeals of city decisions on Type I, II or III appeals are heard by the State Land Use Board of Appeals. An appeal of a land use decision to the State Land Use Board of Appeals must be filed within 21 days of the city council’s written decision or, in the case of Type I decision, within 21 days of the administrative decision date. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.1.400)

A.    Types of Approvals. The following types of approvals are reviewed under a Type IV procedure:

•    Development Code text amendments;

•    Comprehensive plan amendments;

•    Comprehensive plan map amendments (and concurrent zone changes);

•    City-wide zone changes.

B.    Preapplication Conference. A preapplication conference is required for all Type IV applications initiated by a party other than the city of Cottage Grove. The requirements and procedures for a preapplication conference are described in Section 14.41.600(C).

C.    Application Requirements.

1.    Application Forms. Type IV applications shall be made on forms provided by the community development director or designee.

2.    Submittal Information. The application shall contain:

a.    The information requested on the application form;

b.    A map and/or plan addressing the appropriate criteria and standards in sufficient detail for review and decision (as applicable);

c.    The required fee; and

d.    One copy of a letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards.

D.    Completeness Review. Once the application is submitted as required in subsection C of this section, the city has 30 days to determine whether the application is complete. See Section 14.41.600.

E.    Notice of Hearing.

1.    Required Hearings. A minimum of two hearings, one before the planning commission and one before the city council, are required for all Type IV applications.

2.    Notification Requirements. Notice of public hearings for the request shall be given by the community development director or designee in the following manner:

a.    At least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance that proposes to rezone property, a notice shall be prepared in conformance with ORS 227.175 and mailed to:

1.    Each owner whose property would be rezoned in order to implement the ordinance (including owners of property subject to a comprehensive plan amendment shall be notified if a zone change would be required to implement the proposed comprehensive plan amendment);

2.    Any affected governmental agency;

3.    Any person who requests notice in writing;

4.    For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175;

5.    Owners of airports shall be notified of a proposed zone change in accordance with ORS 227.175.

b.    At least 10 days before the scheduled planning commission public hearing date, and 14 days before the city council hearing date, public notice shall be published in a newspaper of general circulation in the city.

c.    The community development director or designee shall:

1.    For each mailing of notice, file an affidavit of mailing in the record as provided by subsection (E)(2)(a) of this section; and

2.    For each published notice, file in the record the affidavit of publication in a newspaper that is required in subsection (E)(2)(b) of this section.

d.    The Oregon Department of Land Conservation and Development (DLCD) shall be notified in writing of proposed comprehensive plan and development code amendments at least 45 days before the first public hearing at which public testimony or new evidence will be received. The notice to DLCD shall include a DLCD certificate of mailing.

e.    Notifications for annexation shall follow the provisions of this chapter.

3.    Content of Notices. The mailed and published notices shall include the following information:

a.    The number and title of the file containing the application, and the address and telephone number of the community development director or designee’s office where additional information about the application can be obtained;

b.    The proposed site location;

c.    A description of the proposed site and the proposal in enough detail for people to determine what change is proposed, and the place where all relevant materials and information may be obtained or reviewed;

d.    The time(s), place(s), and date(s) of the public hearing(s); a statement that public oral or written testimony is invited; and a statement that the hearing will be held under this title and rules of procedure adopted by the council and available at City Hall (see subsection F of this section); and

e.    Each mailed notice required by this subsection E shall contain the following statement: “Notice to mortgagee, lien holder, vendor, or seller: The Cottage Grove Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”

4.    Failure to Receive Notice. The failure of any person to receive notice shall not invalidate the action, providing:

a.    Personal notice is deemed given where the notice is deposited with the United States Postal Service;

b.    Published notice is deemed given on the date it is published.

F.    Hearing Process and Procedure.

1.    Unless otherwise provided in the rules of procedure adopted by the city council:

a.    The presiding officer of the planning commission and of the city council shall have the authority to:

1.    Regulate the course, sequence, and decorum of the hearing;

2.    Direct procedural requirements or similar matters; and

3.    Impose reasonable time limits for oral presentations.

b.    No person shall address the commission or the council without:

1.    Receiving recognition from the presiding officer; and

2.    Stating their full name and address.

c.    Disruptive conduct such as applause, cheering, or display of signs shall be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing, or other appropriate action determined by the presiding officer.

2.    Unless otherwise provided in the rules of procedures adopted by the council, the presiding officer of the commission and of the council shall conduct the hearing as follows:

a.    The presiding officer shall begin the hearing with a statement of the nature of the matter before the body, a general summary of the procedures, a summary of the standards for decision-making, and whether the decision which will be made is a recommendation to the city council or the final decision of the council;

b.    The community development director or designee’s report and other applicable staff reports shall be presented;

c.    The public shall be invited to testify;

d.    The public hearing may be continued to allow additional testimony or it may be closed; and

e.    The body’s deliberation may include questions to the staff, comments from the staff, and inquiries directed to any person present.

G.    Continuation of the Public Hearing. The planning commission or the city council may continue any hearing, and no additional notice of hearing shall be required if the matter is continued to a specified place, date, and time.

H.    Decision-Making Criteria. The recommendation by the planning commission and the decision by the city council shall be based on the following factors:

1.    Approval of the request is consistent with the statewide planning goals;

2.    Approval of the request is consistent with the comprehensive plan; and

3.    The property and affected area are presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided concurrently with the development of the property.

I.    Approval Process and Authority.

1.    The planning commission shall:

a.    After notice and a public hearing, vote on and prepare a recommendation to the city council to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative; and

b.    Within 14 business days of determining a recommendation, the presiding officer shall sign the written recommendation, and it shall be filed with the community development director or designee.

2.    Any member of the planning commission who votes in opposition to the planning commission’s majority recommendation may file a written statement of opposition with the community development director or designee before the council public hearing on the proposal. The community development director or designee shall send a copy to each council member and place a copy in the record;

3.    If the planning commission fails to adopt a recommendation to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative proposal within 60 days of its first public hearing on the proposed change, the community development director or designee shall:

a.    Report the failure together with the proposed change to the city council; and

b.    Provide notice and put the matter on the city council’s agenda for the city council to hold a public hearing make a decision. No further action shall be taken by the commission.

4.    The city council shall:

a.    Approve, approve with modifications, approve with conditions, deny, or adopt an alternative to an application for legislative change, or remand the application to the planning commission for rehearing and reconsideration on all or part of the application;

b.    Consider the recommendation of the planning commission; however, the city council is not bound by the commission’s recommendation; and

c.    Act by ordinance, which shall be signed by the mayor after the council’s adoption of the ordinance.

J.    Vote Required for a Legislative Change.

1.    A vote by a majority of the qualified voting members of the planning commission present is required for a recommendation for approval, approval with modifications, approval with conditions, denial or adoption of an alternative.

2.    A vote by a majority of the qualified members of the city council present is required to decide any motion made on the proposal.

K.    Notice of Decision. Notice of a Type IV decision shall be mailed to the applicant, all participants of record, and the Department of Land Conservation and Development, within five business days after the city council decision is filed with the community development director or designee. The city shall also provide notice to all persons as required by other applicable laws.

L.    Final Decision and Effective Date. A Type IV decision, if approved, shall take effect and shall become final as specified in the enacting ordinance, or if not approved, upon mailing of the notice of decision to the applicant.

M.    Record of the Public Hearing.

1.    A verbatim record of the proceeding shall be made by stenographic, mechanical, or electronic means. It is not necessary to transcribe an electronic record. The minutes and other evidence presented as a part of the hearing shall be part of the record.

2.    All exhibits received and displayed shall be marked to provide identification and shall be part of the record.

3.    The official record shall include:

a.    All materials considered by the hearings body;

b.    All materials submitted by the community development director or designee to the hearings body regarding the application;

c.    The verbatim record made by the stenographic, mechanical, or electronic means; the minutes of the hearing; and other documents considered;

d.    The final ordinance;

e.    All correspondence; and

f.    A copy of the notices that were given as required by this chapter.

N.    Appeal. A Type IV decision may be appealed to the State Land Use Board of Appeals. An appeal of a land use decision to the State Land Use Board of Appeals must be filed within 21 days of the city council’s written decision. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.1.500)

A.    One-Hundred-Twenty-Day Rule. The city shall take final action on Type I, II, and III permit applications that are subject to this chapter, including resolution of all appeals, within 120 days from the date the application is deemed as complete and in conformance with ORS 227.178, unless the applicant requests an extension in writing. Any exceptions to this rule shall conform to the provisions of ORS 227.178. (Under ORS 227.178, the 120-day rule does not apply to Type IV legislative decisions – plan and code amendments.)

B.    Time Computation. In computing any period of time prescribed or allowed by this chapter, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday or legal holiday, including Sunday, in which event, the period runs until the end of the next day which is not a Saturday or legal holiday.

C.    Preapplication Conferences.

1.    Participants. When a preapplication conference is required or requested, the applicant shall meet with the community development director or his/her designee(s) and other parties as appropriate. These meetings shall not be considered “public meetings” under ORS 192.610 through 192.690.

2.    Information Provided. At such conference, the community development director or designee shall:

a.    Cite the comprehensive plan policies and map designations applicable to the proposal;

b.    Cite the ordinance provisions, including substantive and procedural requirements applicable to the proposal;

c.    Provide available technical data and assistance that will aid the applicant;

d.    Identify other governmental policies and regulations that relate to the application; and

e.    Reasonably identify other opportunities or constraints concerning the application.

3.    Results of the Meeting. Information provided in written form to the applicant during a preapplication meeting shall be part of the public record and available for review at the community development department.

4.    Disclaimer. Failure of the community development director or his/her designee to provide any of the information required by this subsection C shall not constitute a waiver of any of the standards, criteria or requirements for the application.

5.    Changes in the Law. Due to possible changes in federal, state, regional, and local law, the applicant is responsible for ensuring that the application complies with all applicable laws on the day the application is deemed complete.

D.    Acceptance and Review of Applications.

1.    Initiation of Applications.

a.    Applications for approval under this chapter may be initiated by:

1.    Order of city council;

2.    Resolution of the planning commission;

3.    The community development director or designee;

4.    A record owner of property (person(s) whose name is on the most recently recorded deed), or contract purchaser with written permission from the record owner.

b.    Any person authorized to submit an application for approval may be represented by an agent authorized in writing to make the application on their behalf.

2.    Consolidation of Proceedings. When an applicant applies for more than one type of land use or development permit (e.g., Type II and III) for the same one or more parcels of land, the proceedings shall be consolidated for review and decision.

a.    If more than one approval authority would be required to decide on the applications if submitted separately, then the decision shall be made by the approval authority having original jurisdiction over one of the applications in the following order of preference: the council, the commission, or the community development director or designee.

b.    When proceedings are consolidated:

1.    The notice shall identify each application to be decided;

2.    The decision on a plan map amendment shall precede the decision on a proposed land use district change and other decisions on a proposed development. Similarly, the decision on a zone map amendment shall precede the decision on a proposed development and other actions; and

3.    Separate findings and decisions shall be made on each application.

3.    Check for Acceptance and Completeness. In reviewing an application for completeness, the following procedure shall be used:

a.    Acceptance. When an application is received by the city, the community development director or designee shall immediately determine whether the following essential items are present. If the following items are not present, the application shall not be accepted and shall be immediately returned to the applicant:

1.    The required form;

2.    The required fee;

3.    The signature of the applicant on the required form and signed written authorization of the property owner of record if the applicant is not the owner.

b.    Completeness.

1.    Review and Notification. After the application is accepted, the community development director or designee shall review the application for completeness. If the application is incomplete, the community development director or designee shall notify the applicant in writing of exactly what information is missing within 30 days of acceptance of the application and allow the applicant 180 days (from the original date of acceptance) to submit the missing information;

2.    Application Deemed Complete for Review. In accordance with the application submittal requirements of this chapter, the application shall be deemed complete upon the receipt by the community development director or designee of all required information. The applicant shall have the option of withdrawing the application, or refusing to submit information requested by the community development director or designee in subsection (D)(3)(b)(1) of this section. For the refusal to be valid, the refusal shall be made in writing and received by the community development director or designee no later than 14 days after the date on the community development director or designee’s letter of incompleteness. If the applicant refuses in writing to submit the missing information, the application shall be deemed complete on the day the refusal letter is received.

3.    Standards and Criteria That Apply to the Application. Approval or denial of the application shall be based upon the standards and criteria that were applicable at the time it was first accepted.

4.    Coordinated Review. The city shall also submit the application for review and comment to the city engineer, road authority, and other applicable county, state, and federal review agencies.

4.    Changes or Additions to the Application During the Review Period. Once an application is deemed complete:

a.    All documents and other evidence relied upon by the applicant shall be submitted to the community development director or designee at least seven days before the notice of action or hearing is mailed. Documents or other evidence submitted after that date shall be received by community development director or designee and transmitted to the hearings body;

b.    When documents or other evidence are submitted by the applicant during the review period but after the application is deemed complete, the assigned review person or body shall determine whether or not the new documents or other evidence submitted by the applicant significantly change the application;

c.    If the assigned reviewer determines that the new documents or other evidence significantly change the application, the reviewer shall include a written determination that a significant change in the application has occurred as part of the decision. In the alternate, the reviewer may inform the applicant either in writing, or orally at a public hearing, that such changes may constitute a significant change (see subsection (D)(4)(d) of this section), and allow the applicant to withdraw the new materials submitted, in order to avoid a determination of significant change;

d.    If the applicant’s new materials are determined to constitute a significant change in an application that was previously deemed complete, the city shall take one of the following actions, at the choice of the applicant:

1.    Continue to process the existing application and allow the applicant to submit a new second application with the proposed significant changes. Both the old and the new applications will proceed, but each will be deemed complete on different dates and may therefore be subject to different criteria and standards and different decision dates;

2.    Suspend the existing application and allow the applicant to submit a new application with the proposed significant changes. Before the existing application can be suspended, the applicant must consent in writing to waive the 120-day rule (subsection A of this section) on the existing application. If the applicant does not consent, the city shall not select this option;

3.    Reject the new documents or other evidence that has been determined to constitute a significant change, and continue to process the existing application without considering the materials that would constitute a significant change. The city will complete its decision making process without considering the new evidence;

e.    If a new application is submitted by the applicant, that application shall be subject to a separate check for acceptance and completeness and new fees and will be subject to the standards and criteria in effect at the time the new application is accepted.

E.    Community Development Director’s Duties. The community development director or designee shall:

1.    Prepare application forms based on the criteria and standards in applicable state law, the city’s comprehensive plan, and implementing ordinance provisions;

2.    Accept all development applications that comply with this section;

3.    Prepare a staff report that summarizes the application(s) and applicable decision criteria, and provides findings of conformance and/or nonconformance with the criteria. The staff report may also provide a recommended decision of: approval; denial; or approval with specific conditions that ensure conformance with the approval criteria;

4.    Prepare a notice of the proposal decision:

a.    In the case of an application subject to a Type I or II review process, the community development director or designee shall make the staff report and all casefile materials available at the time that the notice of the decision is issued;

b.    In the case of an application subject to a hearing (Type III or IV process), the community development director or designee shall make the staff report available to the public at least seven days prior to the scheduled hearing date, and make the casefile materials available when notice of the hearing is mailed, as provided by Sections 14.41.300(E) (Type II), 14.41.400(E) (Type III), or 14.41.500(E) (Type IV);

5.    Administer the hearings process;

6.    File notice of the final decision in the city’s records and mail a copy of the notice of the final decision to the applicant; all persons who provided comments or testimony; persons who requested copies of the notice; and any other persons entitled to notice by law;

7.    Maintain and preserve the file for each application for the time period required by law. The file shall include, as applicable, a list of persons required to be given notice and a copy of the notice given; the affidavits of notice; the application and all supporting information; the staff report; the final decision including the findings, conclusions and conditions, if any; all correspondence; minutes of any meeting at which the application was considered; and any other exhibit, information or documentation which was considered by the decision-maker(s) on the application; and

8.    Administer the appeals and review process.

F.    Amended Decision Process.

1.    The purpose of an amended decision process is to allow the community development director or designee to correct typographical errors, rectify inadvertent omissions and/or make other minor changes that do not materially alter the decision.

2.    The community development director or designee may issue an amended decision after the notice of final decision has been issued but before the appeal period has expired. If such a decision is amended, the decision shall be issued within 14 business days after the original decision would have become final, but in no event beyond the 120-day period required by state law. A new 10-day appeal period shall begin on the day the amended decision is issued.

3.    Notice of an amended decision shall be given using the same mailing and distribution list as for the original decision notice.

4.    Modifications to approved plans or conditions of approval requested by the applicant shall follow the procedures in Chapter 14.46. All other changes to decisions that are not modifications under Chapter 14.46 follow the appeal process.

G.    Resubmittal of Application Following Denial. An application that has been denied, or an application that was denied and on appeal or review has not been reversed by a higher authority, including the Land Use Board of Appeals, the Land Conservation and Development Commission or the courts, may not be resubmitted as the same or a substantially similar proposal for the same land for a period of at least 12 months from the date the final city action is made denying the application, unless there is substantial change in the facts or a change in city policy that would change the outcome, as determined by the community development director or designee.

H.    Appeal Process. An appeal by a person with standing shall be a hearing de novo (“a new”) and following the Type III procedure under Section 14.41.400. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.1.600)

A.    Expedited Land Divisions. An expedited land division (“ELD”) shall be defined and may be used as provided under ORS 197.360 through 197.380.

1.    Selection. An applicant who wishes to use an ELD procedure for a partition, subdivision or planned development instead of the regular procedure type assigned to it must request the use of the ELD in writing at the time the application is filed, or forfeit his/her right to use it;

2.    Review Procedure. All applications for expedited land divisions shall comply with ORS 197.360 through 197.380 and the Cottage Grove comprehensive plan; ORS 197.360 through ORS 197.380 details the criteria, application and notice requirements, and action and appeal procedures for expedited land divisions.

3.    Appeal Procedure. An appeal of an ELD shall follow the procedures in ORS 197.375. Where the city has not otherwise appointed a hearings officer (referee) for such appeals, and the city attorney is a contractor (not a city employee), the city attorney shall serve as the referee for ELD appeals.

B.    [Reserved for other special procedures, as may be adopted.] (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.1.700)

A.    Purpose. The purpose of neighborhood meetings is to identify potential issues or conflicts regarding a proposed application so that they may be addressed prior to filing. This contact is intended to result in a better application and to expedite and lessen the expense of the review process by avoiding needless delays, appeals, remands or denials.

B.    Applicability. Applicants for Type III quasi-judicial applications such as master plans and conditional uses are required to meet with adjacent property owners and neighborhood representatives prior to submitting their application to the city in order to solicit input and exchange information about the proposed development. A Type III application for a master plan or conditional use shall not be considered complete without a copy of the meeting notice and minutes and/or recording of the meeting.

C.    Process. Applicants shall hold a neighborhood meeting with any affected neighborhood organization recognized by the city. If no organization exists, then the applicant must hold a meeting with adjacent property owners who will receive public notice (a minimum 300-foot radius from subject property). At minimum notification shall include letters to adjacent property owners and a three-foot-by-two-foot posting on the site with a description of the proposal, applicant’s name and contact information, and time/date/location of the meeting. The community development director may require the applicant to increase the notification radius depending on the proposal’s impact. The meeting shall take place no more than six months before the date of application. Recordings or minutes of the meeting shall be provided to the community development department at time of application submittal. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.1.800)

The purpose of this section of the code is to assist in determining which road authorities participate in land use decisions, and to implement Section 660-012-0045(2)(e) of the State Transportation Planning Rule that requires the city to adopt a process to apply conditions to development proposals in order to minimize impacts and protect transportation facilities. This chapter establishes the standards for when a proposal must be reviewed for potential traffic impacts; when a traffic impact study must be submitted with a development application in order to determine whether conditions are needed to minimize impacts to and protect transportation facilities; what must be in a traffic impact study; and who is qualified to prepare the study.

A.    When a Traffic Impact Study Is Required. The city or other road authority with jurisdiction may require a traffic impact study (TIS) as part of an application for development, a change in use, or a change in access. A TIS shall be required when a land use application involves one or more of the following actions:

1.    A change in zoning or a plan amendment designation that significantly affects a transportation facility per provisions of Section 14.47.800; or

2.    Any proposed development or land use action that a road authority states may cause or be adversely impacted by operational or safety concerns along its facility(ies); or

3.    Land divisions with 30 or more lots; or

4.    An increase in site traffic volume generation by 300 average daily trips (ADT) or more; or

5.    An increase in peak hour volume of a particular movement to and from the state highway by 20 percent or more; or

6.    An increase in use of adjacent streets by vehicles exceeding the 20,000 pound gross vehicle weights by 10 vehicles or more per day; or

7.    The location of the access driveway does not meet minimum sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or such vehicles queue or hesitate on the state highway, creating a safety hazard; or

8.    A change in internal traffic patterns that may cause safety problems, such as back up onto a street or greater potential for traffic accidents.

B.    Traffic Impact Study Preparation. A traffic impact study shall be prepared by a professional transportation engineer in accordance with the requirements of the road authority and paid for by the applicant. If the road authority is the Oregon Department of Transportation (ODOT), consult ODOT’s regional development review planner and OAR 734-051-180.

C.    Traffic Impact Study Requirements.

1.    Traffic Impact Study (TIS) Scope. Evaluations shall evaluate the access, circulation and other transportation requirements. The scope of the TIS shall be established by the city engineer to address issues related to a specific development proposal. If the land use will affect a state highway or county road, then ODOT and/or Lane County should be consulted on the scope of the TIS.

2.    Trips. Trips shall be defined by the Institute of Transportation Engineers (ITE), Trip Generation Manual, 7th Edition (or subsequent document updates), or trip generation studies of comparable uses prepared by an engineer and approved by the community development department.

3.    Level of Service (LOS). The level of service standard to determine what is acceptable or unacceptable traffic flow on streets shall be based on a volume to capacity ratio. State highways shall continue to operate according to the standards in the Oregon Highway Plan. Street intersections shall maintain a LOS of “D” during the PM peak hour of the day. A lesser standard may be accepted for local street intersections or driveway access points that intersect with collector or arterial streets, if these intersections are found to operate safely.

4.    Mitigation. Where a development causes traffic impacts that bring a road below acceptable levels of service, or impacts a road that is already operating below acceptable levels of service, or impacts a road that has a documented safety problem, the TIS shall identify traffic impacts attributable to the development and appropriate mitigation measures. The developer may be required to implement mitigation measures as a condition of approval. The mitigation measures shall be implemented prior to the final inspection of the building permit for the development.

5.    Traffic Signals. Traffic signals shall be required with development when traffic signal warrants are met, in conformance with the Highway Capacity Manual and the Manual of Uniform Traffic Control Devices.

6.    Coordination of Development Review. The city will provide written notice and opportunity to comment on all traffic impact studies to the applicable road authorities and the Cottage Grove School District. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.1.900)

A.    The purpose of this chapter is to:

1.    Provide rules, regulations and standards for efficient and effective administration of land use and site development review;

2.    Carry out the development pattern and plan of the city and its comprehensive plan policies;

3.    Promote the public health, safety and general welfare;

4.    Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards;

5.    Encourage the conservation of energy resources; and

6.    Encourage efficient use of land resources, full utilization of urban services, mixed uses, transportation options, and detailed, human-scaled design. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.2.100)

Land use review or site design review shall be required for all new developments and modifications of existing developments described below. Regular maintenance, repair and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing and similar maintenance and repair shall be exempt from review.

A.    Land Use Review. Land use review is a review conducted by the community development director or designee without a public hearing (Type I or II). (See Chapter 14.41 for review procedure.) It is for changes in land use and developments that do not require a conditional use permit or site design review approval. Land use review ensures compliance with the basic land use and development standards of the land use district, such as lot area, building setbacks and orientation, lot coverage, maximum building height, and other provisions of Division 2 of this title. Land use review is required for all of the types of land uses and development listed below. Land uses and developments exceeding the thresholds below require site design review:

1.    Change in occupancy from one type of land use to a different land use;

2.    Single-family detached dwelling (including manufactured home on its own lot);

3.    A single duplex, or up to two single-family attached (town home) units not requiring a land division, and accessory parking on the same lot;

4.    Nonresidential building additions up to 1,000 square feet, or 50 percent of an existing structure;

5.    Minor modifications to development approvals as defined by Chapter 14.46;

6.    Any proposed development that has a valid conditional use permit. Major modifications to a development with a conditional use permit shall require review and approval in accordance with Chapter 14.44 – Conditional Use Permits;

7.    Home occupations requiring a permit under Section 14.22.200(G);

8.    Temporary uses requiring a permit under Chapter 14.49;

9.    Accessory structures and accessory parking;

10.    Development and land uses that are part of a previously approved site design review or conditional use permit application;

11.    Public improvements required by a condition of approval (e.g., transportation facilities and improvements, parks, trails, and similar improvements, as determined by the community development director).

B.    Site Design Review. Site design review is a discretionary review conducted by the planning commission with a public hearing (Type II administrative review). (See Chapter 14.41 for review procedure.) It applies to all development in the city, except those specifically listed under subsection A of this section (applications subject to land use review). Site design review ensures compliance with the land use and development standards in Division 2 of this title (e.g., lot area, building setbacks and orientation, lot coverage, maximum building height), and the design standards and public improvement requirements in Divison 3 of this title. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.2.200)

When land use review is required, it shall be conducted prior to issuance of building permits, occupancy permit, business license, or public improvement permits, as determined by the community development director. The city shall conduct land use reviews using either a Type I or Type II procedure, as described in Sections 14.41.200 and 14.41.300. A Type I procedure shall be used when the community development director finds that the applicable standards are clear and objective and do not require the exercise of discretion. A Type II procedure shall be used when the decision is discretionary in nature. The community development director shall be responsible for determining the required review procedure.

A.    An application for land use review shall be approved only upon meeting all of the following criteria:

1.    The proposed land use or development is permitted by the underlying land use district (Division 2 of this title);

2.    The land use, building/yard setback, lot area, lot dimension, density, lot coverage, building height and other applicable standards of the underlying land use district and any applicable overlay district(s) are met (Division 2 of this title); and

3.    When development is proposed, the applicable sections of Division 3 of this title, Community Design Standards, apply.

Land use reviews do not address a project’s compliance with applicable building, fire and life safety regulations. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.2.300)

Where site design review is required, it shall be conducted using a Type II procedure, consistent with Section 14.41.300, and using the application requirements and approval criteria contained in Sections 14.42.500 and 14.42.600. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.2.400)

All of the following information is required for site design review application submittal:

A.    General Submission Requirements. An application for site design review shall contain all of the information required for a Type II review under Section 14.41.300, and provide:

1.    A public facilities and services impact study, if required by the city and/or service provider to quantify and assess the effect of the development on public facilities and services. The city shall advise as to the scope of the study during the recommended preapplication conference (Section 14.41.600(C)). The study may address the transportation system, including street access, pedestrian ways and bikeways, the drainage system, the parks system, the water system, and the sewer system. For each public facility system and type of impact, the study shall propose improvements necessary to meet city standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users;

2.    A traffic impact study, if required by the road authority. Traffic impact studies shall conform to the standards and procedures in Section 14.41.900; and

3.    In situations where this code requires the dedication of real property to the city, the city shall either (a) include in the written decision evidence that shows that the required property dedication is directly related to and roughly proportional to the projected impacts of the development on public facilities and services, or (b) delete the dedication as a condition of approval.

B.    Site Design Review Information. In addition to the general submission requirements for a Type II review (Section 14.41.300) an applicant for site design review shall provide the following additional information, as deemed applicable by the community development director. The community development director may deem applicable any information that he or she needs to review the request and prepare a complete staff report and recommendation to the approval body:

1.    Site Analysis Map. At a minimum the site analysis map shall contain the following:

a.    The applicant’s entire property and the surrounding property to a distance sufficient to determine the location of the development in the city, and the relationship between the proposed development site and adjacent property and development. The property boundaries, dimensions and gross area shall be identified;

b.    Topographic contour lines at two-foot intervals for slopes of less than 10 percent, and five-foot intervals for steeper slopes;

c.    Identification of slopes greater than 15 percent;

d.    The location and width of all public and private streets, drives, sidewalks, pathways, rights-of-way, and easements on the site and adjoining the site;

e.    Potential natural hazard areas, including any areas identified as subject to a 100-year flood, areas subject to high water table, and areas mapped by the city, county, or state as having a potential for geologic hazards;

f.    Resource areas, including marsh and wetland areas, streams, and wildlife habitat identified by the city or any natural resource regulatory agencies as requiring protection;

g.    Site features, including existing structures, pavement, large rock outcroppings, areas having unique views, and drainage ways, canals and ditches;

h.    Locally or federally designated historic and cultural resources on the site and adjacent parcels or lots;

i.    The location, size and species of trees and other vegetation having a caliper (diameter) of six inches or greater at four feet above grade;

j.    North arrow, scale, names and addresses of all persons listed as owners of the subject property on the most recently recorded deed;

k.    Name and address of project designer, engineer, surveyor, and/or planner, if applicable.

2.    Proposed Site Plan. The site plan shall contain the following information:

a.    The proposed development site, including boundaries, dimensions, and gross area;

b.    Features identified on the existing site analysis maps that are proposed to remain on the site;

c.    Features identified on the existing site map, if any, which are proposed to be removed or modified by the development;

d.    The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements;

e.    The location and dimensions of all existing and proposed structures, utilities, pavement and other improvements on the site. Setback dimensions for all existing and proposed buildings shall be provided on the site plan;

f.    The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access;

g.    The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls and wheel stops);

h.    Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails;

i.    Loading and service areas for waste disposal, loading and delivery;

j.    Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements;

k.    Location, type, and height of outdoor lighting;

l.    Location of mail boxes, if known;

m.    Name and address of project designer, if applicable;

n.    Locations of bus stops and other public or private transportation facilities;

o.    Locations, sizes, and types of signs;

p.    Location of utility connections and pipe sizes.

3.    Architectural Drawings. Architectural drawings showing one or all of the following shall be required for new buildings and major remodels:

a.    Building elevations (as determined by the community development director) with building height and width dimensions;

b.    Building floor plans with dimensions and use of rooms;

c.    Building materials, colors and type;

d.    The name of the architect or designer.

4.    Preliminary Grading Plan. A preliminary grading plan shall be required for development sites one-half acre or larger. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required, in accordance with Section 14.34.400. A hillside development permit may be required for any property showing greater than 15 percent grade change (see Section 14.37.100).

5.    Landscape Plan. A landscape plan may be required and at the direction of the community development director shall show the following:

a.    The location and height of existing and proposed fences, buffering or screening materials;

b.    The location of existing and proposed terraces, retaining walls, decks, patios, shelters, and play areas;

c.    The location, size, and species of the existing and proposed plant materials (at time of planting);

d.    Existing and proposed building and pavement outlines;

e.    Specifications for irrigation (may be automatic or other approved method of irrigation) and anticipated planting schedule;

f.    Other information as deemed appropriate by the community development director. An arborist’s report may be required for sites with mature trees that are protected under Chapter 14.32, Landscaping, Street Trees, Fences and Walls.

6.    Sign drawings shall be required in conformance with the city’s sign code (Chapter 14.38).

7.    Deed Restrictions. Copies of all existing and proposed restrictions or covenants, including those for access control.

8.    Narrative. Letter or narrative report documenting compliance with the applicable approval criteria contained in Section 14.42.600, Site Design Review Approval Criteria.

9.    Traffic impact study, when required, shall be prepared in accordance with the road authority’s requirements. See Sections 14.34.100 and 14.41.900 for relevant standards.

10.    State Highway Access Permit. A copy of an approved state access permit shall be submitted for any proposal creating a new access or changing an existing access onto a state highway.

11.    Other Information Determined by the Community Development Director. The city may require studies or exhibits prepared by qualified professionals to address specific site features or project impacts (e.g., traffic, environmental features, natural hazards, etc.), in conformance with this code. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.2.500)

A.    The review authority shall make written findings with respect to all of the following criteria when approving, approving with conditions, or denying an application:

1.    The application is complete, as determined in accordance with Chapter 14.41, Types of Review Procedures, and Section 14.42.500.

2.    The application complies with all of the applicable provisions of the underlying land use district (Division 2 of this title), including: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other special standards as may be required for certain land uses.

3.    The applicant shall be required to upgrade any existing development that does not comply with the applicable land use district standards, in conformance with Chapter 14.52, Nonconforming Uses and Developments.

4.    The application complies with all of the design standards in Division 3 of this title:

a.    Chapter 14.31, Access and Circulation;

b.    Chapter 14.32, Landscaping, Street Trees, Fences and Walls;

c.    Chapter 14.33, Parking and Loading;

d.    Chapter 14.34, Public Facilities;

e.    Chapter 14.35, Surface Water Management;

f.    Chapter 14.36, Adjustments, as applicable;

g.    Chapter 14.37, Sensitive Lands.

5.    Existing conditions of approval required as part of a prior land division (Chapter 14.43), conditional use permit (Chapter 14.44), master planned development (Chapter 14.45) or other approval shall be met. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.2.600)

A.    Performance (or “Completion”) Bonds for Public Improvements. On all projects where public improvements are required, the city shall require a bond in an amount equal to the contract amount of the public improvements as a condition of site development approval in order to guarantee the public improvements. The city shall be named “obligee” on all bonds.

B.    Release of Performance Bonds. The bond or assurance shall be released at the end of a one-year warranty period, which shall begin when the community development director finds the completed project conforms to the site development approval, including all conditions of approval.

C.    Completion of Landscape Installation. Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to 150 percent of the cost of the landscaping as determined by the community development director or a qualified landscape architect is filed with the community development director assuring such installation within six months after occupancy. If the installation of the landscaping is not completed within the six-month period, the security may be used by the city to complete the installation. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.2.700)

Development shall not commence until the applicant has received all of the appropriate land use and development approvals (i.e., site design review approval) and building permits. Construction of public improvements shall not commence until the city has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The city shall require the applicant to enter into a development agreement (e.g., for phased developments and developments with required public improvements), and shall require bonding or other assurances for improvements, in accordance with Section 14.42.700.

Development review and site design review approvals shall be subject to all of the following standards and limitations:

A.    Modifications to Approved Plans and Developments. Minor modifications of an approved plan or existing development, as defined in Chapter 14.46, shall be processed as a Type I procedure and require only land use review. Major modifications, as defined in Chapter 14.46, shall be processed as a Type II or Type III procedure and shall require site design review. For information on Type I, Type II and Type III procedures, please refer to Chapter 14.41. For modifications approval criteria, please refer to Chapter 14.46.

B.    Approval Period. Land use review and site design review approvals shall be effective for a period of one year from the date of approval. The approval shall lapse if:

1.    A public improvement plan or building permit application for the project has not been submitted within one year of approval; or

2.    Construction on the site is in violation of the approved plan.

C.    Extension. The community development director shall, upon written request by the applicant, grant a written extension of the approval period not to exceed one year; provided, that:

1.    No changes are made on the original approved site design review plan;

2.    The applicant can show intent of initiating construction on the site within the one-year extension period;

3.    There have been no changes to the applicable code provisions on which the approval was based. If there have been changes to the applicable code provisions and the expired plan does not comply with those changes, then the extension shall not be granted; in this case, a new site design review shall be required; and

4.    The applicant demonstrates that failure to obtain building permits within one year of site design approval was beyond the applicant’s control.

D.    Phased Development. Phasing of development may be approved with the site design review application, subject to the following standards and procedures:

1.    A phasing plan shall be submitted with the site design review application.

2.    The community development director shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than three years without reapplying for site design review.

3.    Approval of a phased site design review proposal requires satisfaction of all of the following criteria:

a.    The public facilities required to serve each phase are constructed in conjunction with or prior to each phase;

b.    The development and occupancy of any phase dependent on the use of temporary public facilities shall require community development director approval. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required public improvements, in accordance with Section 14.43.180. A temporary public facility is any facility not constructed to the applicable city or district standard, subject to review by the city engineer;

c.    The phased development shall not result in requiring the city or other property owners to construct public facilities that were required as part of the approved development proposal; and

d.    An application for phasing may be approved after site design review approval as a modification to the approved plan, in accordance with the procedures for minor modifications (Chapter 14.46). (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.2.800)

The purpose of this chapter is to:

A.    Provide rules, regulations and standards governing the approval of subdivisions, partitions and lot line adjustments, as defined below and in Chapter 14.13:

1.    Subdivisions are the creation of four or more lots from one parent lot, parcel or tract, within one calendar year.

2.    Partitions are the creation of three or fewer lots within one calendar year.

3.    Lot line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots (includes consolidation of lots);

B.    Carry out the city’s development pattern, as envisioned by the comprehensive plan;

C.    Encourage efficient use of land resources, full utilization of urban services, and transportation options;

D.    Promote the public health, safety and general welfare through orderly and efficient urbanization;

E.    Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, protection against natural hazards and other public services and facilities; and

F.    Encourage the conservation of energy resources. (Ord. 3194 §3(Exh. A), 2025; Ord. 3181 §9, 2024; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.100)

A.    Subdivision and Partition Approval Through Two-Step Process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation, according to the following two steps:

1.    The preliminary plat must be approved before the final plat can be submitted for approval consideration; and

2.    The final plat must include all conditions of approval of the preliminary plat.

B.    Compliance with ORS Chapter 92. All subdivision and partition proposals shall conform to state regulations in ORS Chapters 92, Subdivisions and Partitions, and 209, County Surveyors.

C.    Future Redivision Plan. When subdividing or partitioning tracts into large lots (i.e., greater than two times or 200 percent the minimum lot size allowed by the underlying land use district), the city shall require that the lots be of such size, shape, and orientation as to facilitate future redivision in accordance with the requirements of the land use district and this code. A redivision plan shall be submitted for large lots identifying:

1.    Potential future lot division(s), consistent with the density and lot size standards of Division 2 of this title;

2.    Potential street right-of-way alignments to serve future development of the property and connect to adjacent properties, including existing or planned rights-of-way;

3.    A disclaimer that the plan is a conceptual plan intended to show potential future development. It shall not be binding on the city or property owners, except as may be required through conditions of land division approval. For example, dedication and improvement of rights-of-way within the future plan area may be required to provide needed secondary access and circulation.

D.    Lot Size Averaging. Single-family residential lot size may be averaged to allow lots less than the minimum lot size in residential districts, as provided by Sections 14.43.115 (flexible lot size), 14.22.120 (development standards) and 14.22.150 (residential density standard), or through approval of a master planned development under Chapter 14.45.

E.    Temporary Sales Office. A temporary sales office in conjunction with a subdivision may be approved as set forth in Section 14.49.100, Temporary Use Permits.

F.    Minimize Flood Damage. All subdivisions and partitions shall be designed based on the need to minimize the risk of flood damage. No new building lots shall be created entirely within a floodway. All new lots shall be buildable without requiring development within the floodway (i.e., minimum lot size under base zoning must be provided outside of the floodway) and, where possible, allow building outside of the 100-year floodplain. Development in a 100-year floodplain shall comply with the National Flood Insurance Program and state building code requirements, including elevating structures above the base flood elevation. The applicant shall be responsible for obtaining floodplain development permit from the city of Cottage Grove.

G.    Determination of Base Flood Elevation. Where a development site is located in or near areas prone to inundation for which the base flood elevation has not been mapped, the applicant shall have the base flood elevation determined by a qualified professional as part of the land division application.

H.    Need for Adequate Utilities. All lots created through land division shall have adequate public utilities and facilities such as sewer, gas, electrical, and water systems. These systems shall be located and constructed to prevent or minimize flood damage, and to avoid impairment of the system and contamination from them during flooding.

I.    Need for Adequate Drainage. All subdivision and partition proposals shall have adequate surface water drainage facilities that reduce exposure to flood damage and improve water quality. Water quality or quantity control improvements may be required. (Ord. 3194 §3(Exh. A), 2025; Ord. 3181 §9, 2024; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.110)

A.    Flexible Lot Size/Middle Housing Land Division. To allow creativity and flexibility in subdivision design and to address physical constraints, such as topography, existing development, significant trees and other natural and built features, the approval body may grant a 10 percent modification to the lot area and/or lot dimension (width/depth) standards in Section 14.22.130; provided, that the approval body finds that granting the modification allows for a greater variety of housing types or it improves development compatibility with natural features or adjacent land uses. The approval body may require that standard size lots be placed at the perimeter of the development where the abutting lots are standard size or larger; except that this provision shall not apply where the abutting lots are larger than 20,000 square feet. Middle housing land divisions shall comply with ORS 92.031.

B.    Mid-Block Lanes. Lots may be developed without frontage onto a public street when lot access is provided by mid-block lanes, as shown below. Mid-block lanes or shared driveways, as illustrated in Figure 14.43.115(B), may be required, when practicable, to provide connectivity between infill developments. Mid-block lanes with access easements for adjoining properties may be allowed as an alternative to requiring through streets where block lengths do not necessitate a through street. The lanes shall meet the standards for fire department access, and the standards under subsections C through F of this section.

C.    Flag Lots. Flag lots may be created only when a through street or mid-block lanes cannot be extended to serve abutting uses or future development. A flag lot driveway (“flag pole”) may serve no more than two dwelling units, including accessory dwellings and dwellings on individual lots, unless Uniform Fire Code (UFC) standards are met for more units. A drive serving more than one lot shall have a reciprocal access and maintenance easement recorded for all lots. No fence, structure or other obstacle shall be placed within the drive area. The fire marshal may require an emergency turnaround or fire hydrants. Fire sprinklers may also be required for buildings that cannot be fully served by fire hydrants (i.e., due to distance from hydrant or insufficient fire flow).

D.    Driveway and Lane Width. The minimum paved width of all shared drives and mid-block lanes shall be 12 feet with an easement of 20 feet; easements must be 25 feet in width with a minimum paved width of 16 feet for all shared drives and/or mid-block lanes providing primary access to more than two dwelling units. The maximum width is 20 feet, except as required by the Uniform Fire Code. Alleys that provide secondary or maintenance access to lots which front on a through street or mid-block lane may be 16 to 20 feet in width, with a paved surface of 12 to 16 feet.

E.    Easement and Improvement of Drive Lane. The property owner shall record a 20- to 25-foot easement benefiting all properties that are to receive vehicle access. The drive lane shall be improved with an all weather surface approved by the city. The easement shall state that the entire width of the easement shall remain unobstructed for emergency access. Dedication or recording, as applicable, shall be so indicated on the face of the subdivision or partition plat.

F.    Maximum Drive Lane Length. The maximum drive lane length is subject to requirements of the Uniform Fire Code, but shall not exceed 150 feet for a shared side drive, and 400 feet for a shared mid-block lane.

G.    Future Street Plans. Building placement and alignment of shared drives shall be designed so that future street connections can be made as surrounding properties develop (i.e., as shown in the Figure 14.43.115(B)). (Ord. 3194 §3(Exh. A), 2025; Ord. 3181 §9, 2024; Ord. 3136 §10, 2021; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.115)

A.    Review of Preliminary Plat. Review of a preliminary plat with two or three lots (partition) and preliminary plats with four or more lots (subdivision) shall be processed with a Type II procedure, under Section 14.41.300. All preliminary plats shall be reviewed using approval criteria in Section 14.43.140. An application for subdivision may be reviewed concurrently with an application for a master planned development under Chapter 14.45.

B.    Review of Final Plat. Review of a final plat for a subdivision or partition shall be processed as a Type I procedure under Section 14.41.200, using the approval criteria in Section 14.43.160.

C.    Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of three years from the date of approval. The preliminary plat shall lapse if a final plat has not been submitted within the three-year period.

D.    Modifications and Extensions. The applicant may request changes to the approved preliminary plat or conditions of approval following the procedures and criteria provided in Chapter 14.46, Modifications to Approved Plans and Conditions of Approval. The community development director shall, upon written request by the applicant and payment of the required fee, grant one written extension of the approval period not to exceed one year; provided, that:

1.    Any changes to the preliminary plat follow the procedures in Chapter 14.46;

2.    The applicant has submitted written intent to file a final plat within the one-year extension period;

3.    An extension of time will not prevent the lawful development of abutting properties;

4.    There have been no changes to the applicable code provisions on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required; and

5.    The extension request is made before expiration of the original approved plan.

E.    Phased Development.

1.    The city may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for each phase (i.e., for required public improvements, utilities, streets) for any partition or subdivision phase be more than three years without reapplying for a preliminary plat;

2.    The criteria for approving a phased land division proposal are:

a.    Public facilities shall be constructed in conjunction with or prior to each phase;

b.    The development and occupancy of any phase dependent on the use of temporary public facilities shall require planning commission approval. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required permanent public improvements, in accordance with Section 14.43.180. A temporary public facility is any facility not constructed to the applicable city or district standard;

c.    The phased development shall not result in requiring the city or a third party (e.g., owners of lots) to construct public facilities that were required as part of the approved development proposal; and

d.    The proposed time schedule for phased development approval shall be reviewed concurrently with the preliminary plat application, and the decision may be appealed in the same manner as the preliminary plat. (Ord. 3194 §3(Exh. A), 2025; Ord. 3181 §9, 2024; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.120)

A.    General Submission Requirements. For all partitions (three or fewer parcels) and subdivision (four or more lots) the application shall contain all of the information required for a Type II procedure under Section 14.41.300. For all subdivisions (four or more lots) the application shall contain all of the information required for a Type II procedure under Section 14.41.300, and the information in subsections (A)(1) through (A)(3) of this section:

1.    Public facilities and services impact study, if required by the city and/or service provider. The impact study shall quantify and assess the effect of the development on public facilities and services. The city shall advise as to the scope of the study during the required pre-application conference (Section 14.41.600(C)). The study may address the transportation system, including pedestrian ways and bikeways, the drainage system, the parks system, the water system, and the sewer system. For each public facility system and type of impact, the study shall propose improvements necessary to meet city standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users;

2.    Traffic impact study, if required by the city and/or road authority. Traffic impact studies shall conform to the standards and procedures in Section 14.41.900; and

3.    In situations where this code requires the dedication of real property to the city, the city shall either (a) include in the written decision evidence that shows that the required property dedication is directly related to and roughly proportional to the projected impacts of the development on public facilities and services, or (b) delete the dedication as a condition of approval.

B.    Preliminary Plat Information. In addition to the general information described in subsection A of this section, the preliminary plat application shall consist of drawings and supplementary written material (i.e., on forms and/or in a written narrative) adequate to provide the following information:

1.    General Information.

a.    Name of subdivision (not required for partitions). This name must not duplicate the name of another subdivision in Lane County (please check with county surveyor);

b.    Date, north arrow, and scale of drawing;

c.    Location of the development sufficient to define its location in the city, boundaries, and a legal description of the site;

d.    A title block including the names, addresses and telephone numbers of the owners of the subject property and, as applicable, the designer, and engineer and surveyor if any, and the date of the survey if submitted; and

e.    Identification of the drawing as a “preliminary plat.”

2.    Site Analysis.

a.    Streets: location, name, present width of all streets, alleys and rights-of-way on and abutting the site;

b.    Easements: width, location and purpose of all existing easements of record on and abutting the site;

c.    Utilities: location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standards;

d.    Ground elevations shown by contour lines at five-foot vertical intervals for ground slopes exceeding 10 percent and at two-foot intervals for ground slopes of less than 10 percent or as required by the city. Such ground elevations shall be related to some established benchmark or other datum approved by the county surveyor or city engineer. This requirement may be waived for partitions when grades, on average, are less than six percent;

e.    The location and elevation of the closest benchmark(s) within or adjacent to the site (i.e., for surveying purposes);

f.    Potential natural hazard areas, including any floodplains, areas subject to high water table, landslide areas, and areas having high erosion potential;

g.    Sensitive lands, including wetland areas, streams, wildlife habitat, and other areas identified by the city or natural resource regulatory agencies as requiring protection. (See also Chapter 14.37 and relevant portions of the comprehensive plan.);

h.    Site features, including existing structures, pavement, large rock outcroppings, areas having unique views, and drainage ways, canals and ditches;

i.    Designated historic and cultural resources on the site and adjacent parcels or lots;

j.    The location, size and species of trees having a caliper (diameter) of six inches or greater at four feet above grade in conformance with Chapter 14.32;

k.    North arrow and scale;

l.    Date(s) prepared and revised;

m.    Name and address of project designer, if applicable; and

n.    Other information, as deemed appropriate by the community development director. The city may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.

3.    Proposed Improvements.

a.    Public and private streets, tracts, driveways, open space and park land; location, names, right-of-way dimensions, approximate radius of street curves; and approximate finished street center line grades. All streets and tracts that are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;

b.    Easements: location, width and purpose of all proposed easements;

c.    Lots and private tracts (e.g., private open space, common area, or street): approximate dimensions, area calculation (e.g., in square feet), and identification numbers for all proposed lots and tracts;

d.    Proposed uses of the property, including all areas proposed to be dedicated to the public or reserved as open space for the purpose of surface water management, recreation, or other use; potential location of future buildings;

e.    Proposed improvements, as required by Division 3 of this title (Community Design Standards), and timing of improvements (e.g., in the case of streets, sidewalks, street trees, utilities, etc.);

f.    Preliminary location of development showing those future buildings can meet siting and dimensional standards of the district;

g.    The proposed source of domestic water;

h.    The proposed method of sewage disposal;

i.    Proposed method of surface water drainage and treatment if required;

j.    The approximate location and identity of other utilities, including the locations of street lighting fixtures;

k.    Proposed railroad crossing or modifications to an existing crossing, if any, and evidence of contact with the affected railroad and the Oregon Department of Transportation Rail Division regarding proposed railroad crossing(s);

l.    Changes to navigable streams, or other watercourses. Status of public access to these areas shall be shown on the preliminary plat, as applicable;

m.    Identification of the base flood elevation for development within a designated 100-year floodplain. Written evidence of initiation of a Federal Emergency Management Agency (FEMA) floodplain map amendment shall be required when development is proposed to modify a designated 100-year floodplain. FEMA approval of the amendment shall be a condition of city land use approval;

n.    Evidence of contact with from the road authority for any development requiring access to its facility(ies); and

o.    Evidence of written notice to the applicable natural resource regulatory agency(ies) for any development within or adjacent to jurisdictional wetlands and other sensitive lands, as identified in Chapter 14.37. (Ord. 3194 §3(Exh. A), 2025; Ord. 3181 §9, 2024; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.130)

A.    General Approval Criteria. The city may approve, approve with conditions or deny a preliminary plat based on the following approval criteria:

1.    The proposed preliminary plat complies with the applicable development code sections and all other applicable ordinances and regulations. At a minimum, the provisions of this chapter, and the applicable chapters and sections of Divisions 2 (Land Use Districts) and 3 (Community Design Standards) of this title shall apply. Where a variance is necessary to receive preliminary plat approval, the application shall also comply with the relevant sections of Chapter 14.51;

a.    Expedited land division shall be processed in accordance with ORS 197.360 through 197.380;

2.    The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapters 92 and 209;

3.    The proposed streets, roads, sidewalks, bicycle lanes, pathways, utilities, and surface water management facilities are laid out so as to conform or transition to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects. All proposed public improvements and dedications are identified on the preliminary plat;

4.    All proposed private common areas and improvements (e.g., homeowner association property) are identified on the preliminary plat;

5.    Evidence that any required state and federal permits have been obtained, or shall be obtained, before approval of the final plat;

6.    Evidence that improvements or conditions required by the city, road authority, Lane County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met; and

7.    If any part of the site is located within an overlay zone or previously approved planned unit development, mixed-use master plan or master planned development, it shall conform to the applicable regulations and/or conditions.

B.    Layout and Design of Streets, Blocks and Lots. All proposed blocks (i.e., one or more lots bound by public streets), lots and parcels shall conform to the specific requirements below (middle housing land division shall comply with ORS 92.031):

1.    All lots shall comply with the lot area, setback, and dimensional requirements of the applicable land use district (Division 2 of this title), and the standards of Section 14.34.100(G)(4), Street Connectivity and Formation of Blocks.

2.    Setbacks shall be as required by the applicable land use district (Division 2 of this title).

3.    Each lot shall conform to the standards of Chapter 14.31, Access and Circulation.

4.    Landscape or other screening may be required to maintain privacy for abutting uses. See Division 2 of this title, Land Use Districts, and Chapter 14.32, Landscaping, Street Trees, Fences and Walls.

5.    In conformance with the Uniform Fire Code, a fire apparatus access drive shall be provided to serve all portions of a building that are located more than 150 feet from a public right-of-way or approved access drive. This drive shall have a minimum paved surface of 12 feet (for one to two dwelling units) or minimum 16 feet (three to four dwelling units), with 20 feet minimum of clearance. See Chapter 14.31, Access and Circulation, and Section 14.43.115(D).

6.    Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved subdivision or partition plat.

7.    All applicable engineering design standards for streets, utilities, surface water management, and easements shall be met.

C.    Conditions of Approval. The city may attach such conditions as are necessary to carry out provisions of this code, and other applicable ordinances and regulations, and may require reserve strips be granted to the city for the purpose of controlling access to adjoining undeveloped properties. See Chapter 14.34, Public Facilities. (Ord. 3194 §3(Exh. A), 2025; Ord. 3181 §9, 2024; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.140)

Variances to the standards of this chapter shall be processed in accordance with Chapter 14.51, Variances. Applications for variances shall be submitted at the same time an application for land division or lot line adjustment is submitted, and the applications shall be reviewed together. (Ord. 3194 §3(Exh. A), 2025; Ord. 3181 §9, 2024; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.150)

A.    Submission Requirements. Final plats shall be reviewed and approved by the city prior to recording with Lane County. The applicant shall submit the final plat within one year of the approval of the preliminary plat as provided by Section 14.43.120. Specific information about the format and size of the plat, number of copies and other detailed information can be obtained from the community development director.

B.    Approval Criteria. By means of a Type I procedure, the community development director and city engineer shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria:

1.    The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, tracts, right-of-way) with the approved preliminary plat, and all conditions of approval have been satisfied;

2.    All public improvements required by the preliminary plat have been installed and approved by the city engineer or appropriate service provider (e.g., power, television, gas authority). Alternatively, the developer has provided a performance guarantee or completion bond in accordance with Section 14.43.180;

3.    The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities;

4.    The streets and roads held for private uses have been approved by the city as conforming to the preliminary plat;

5.    The plat and deed contain a dedication to the public of all public improvements, including but not limited to streets, public pathways and trails, access reserve strips, parks, sewage disposal storm drainage and water supply systems;

6.    The applicant has provided copies of all recorded homeowners’ association covenants, conditions and restrictions (CC&Rs); deed restrictions; private easements and agreements (e.g., for access, common areas, parking, etc.); and other recorded documents pertaining to common improvements recorded and referenced on the plat;

7.    The plat complies with the applicable sections of this code (i.e., there have been no changes in land use or development resulting in a code violation since preliminary plat approval);

8.    Certification by the city that water and sanitary sewer service is available to every lot depicted on the plat; or bond, contract or other assurance has been provided by the subdivider/partitioner to the city that such services will be installed in accordance with Chapter 14.34, Public Facilities, and the bond requirements of Section 14.43.180. The amount of the bond, contract or other assurance by the subdivider/partitioner shall be determined by the bid amount, subject to review and approval by the city;

9.    The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapters 92 and 209. (Ord. 3194 §3(Exh. A), 2025; Ord. 3181 §9, 2024; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.160)

Before city approval is certified on the final plat, all required public improvements shall be installed, inspected, and approved. Alternatively, the subdivider/partitioner shall provide a performance guarantee or completion bond, in accordance with Section 14.43.180. (Ord. 3194 §3(Exh. A), 2025; Ord. 3181 §9, 2024; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.170)

A.    Performance Guarantee Required. When a performance guarantee is required under Section 14.43.170, the subdivider/partitioner shall file an assurance of performance with the city supported by one of the following:

1.    An irrevocable letter of credit executed by a financial institution authorized to transact business in the state of Oregon;

2.    A completion bond executed by a surety company authorized to transact business in the state of Oregon which remains in force until the surety company is notified by the city in writing that it may be terminated; or

3.    Cash in an escrow account.

B.    Determination of Sum. The assurance of performance shall be for a sum determined by the city as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses.

C.    Itemized Improvement Estimate. The developer shall furnish to the city an itemized improvement estimate, certified by a registered civil engineer, to assist the city in calculating the amount of the performance assurance.

D.    Agreement. An agreement between the city and developer shall be recorded with the final plat. The agreement may be prepared by the city or prepared by the applicant as a letter. It shall not be valid until it is signed and dated by both the applicant and city manager. The agreement shall include but not be limited to the following, as determined by the city engineer:

1.    The period within which all required improvements and repairs shall be completed;

2.    A provision that if work is not completed within the period specified, the city may complete the work and recover the full cost and expenses from the applicant;

3.    Required improvement fees and deposits;

4.    Optional: Provisions for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract.

E.    When Subdivider Fails to Perform. In the event the developer fails to carry out all provisions of the agreement and the city has unreimbursed costs or expenses resulting from such failure, the city shall call on the bond, cash deposit or letter of credit for reimbursement.

F.    Termination of Performance Guarantee. The developer shall not cause termination of nor allow expiration of the guarantee before the end of the one-year warranty period without having first secured written authorization from the city. (Ord. 3194 §3(Exh. A), 2025; Ord. 3181 §9, 2024; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.180)

A.    Filing Plat With County. Within 60 days of the city approval of the final plat, the applicant shall submit the final plat to Lane County for signatures of county officials as required by ORS Chapters 92 and 209.

B.    Proof of Recording. Upon final recording with the county, the applicant shall submit to the city a copy of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits for the newly created lots.

C.    Prerequisites to Recording the Plat.

1.    No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapters 92 and 209;

2.    No plat shall be recorded until it is approved by the county surveyor in the manner provided by ORS Chapters 92 and 209. (Ord. 3194 §3(Exh. A), 2025; Ord. 3181 §9, 2024; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.190)

A.    Replatting and Vacations. Any plat or portion thereof may be replatted or vacated upon receiving an application signed by all of the owners as appearing on the deed for the parcels affected by the proposed vacation.

B.    Procedure. All applications for a replat or vacation shall be processed in accordance with a Type II procedure and the standards for a subdivision or partition (i.e., the same standards used to create the plat shall be used to re-plat or vacate the plat). The same appeal rights provided through the subdivision and partition process shall be afforded to the plat vacation process. (See Chapter 14.41, Types of Review Procedures.) The road authority(ies) shall be notified of all applications for replats and street vacations. All street vacations shall also conform to ORS Chapter 271.

C.    Basis for Denial. A replat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable criteria of this chapter.

D.    Recording of Vacations. All approved plat vacations shall be recorded in accordance with Section 14.43.190 and the following procedures:

1.    Once recorded, a replat or vacation shall operate to eliminate the force and effect of the plat prior to vacation; and

2.    Vacations shall also divest all public rights in the streets, alleys and public grounds, and all dedications described on the plat.

E.    After Sale of Lots. When lots have been sold, the plat may be vacated only in the manner herein; and provided, that all of the owners of lots within the platted area consent in writing to the plat vacation.

F.    Street Requirement. Except as prohibited by law (e.g., ORS 92.837, Manufactured Home Park), in approving a right-of-way vacation or replat, the city may require dedication of access ways, paths or trails as a condition of the vacation of any public easement or right-of-way, in order to establish or maintain a safe, convenient and direct pedestrian and bicycle circulation system. Such requirements shall be coordinated with the applicable road authority. (Ord. 3194 §3(Exh. A), 2025; Ord. 3181 §9, 2024; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.200)

A property line adjustment is the modification of lot boundaries, when no lot is created or removed. The application submission and approval process is as follows:

A.    Submission Requirements. All applications for property line adjustment shall be made on forms provided by the city and shall be governed by Section 14.41.300(D) through (H). The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions; footprints and dimensions of existing structures (including accessory structures); location and dimensions of driveways and public and private streets within or abutting the subject lots; existing fences and walls; and any other information deemed necessary by the community development director or designee for ensuring compliance with city codes.

B.    Approval Process.

1.    Decision-Making Process. Property line adjustments shall be reviewed by means of a Type II procedure, as governed by Sections 14.41.300(D) through (H), using approval criteria contained in subsection C of this section. The road authority(ies) shall be notified of lot line adjustments that may affect property access or traffic volumes or operations on their facilities.

2.    Time Limit on Approval. The property line adjustment approval shall be effective for a period of one year from the date of approval, during which time it must be recorded.

3.    Lapsing of Approval. The property line adjustment approval shall lapse if:

a.    The property line adjustment is not recorded within the time limit in subsection (B)(2) of this section;

b.    The property line adjustment has been improperly recorded with Lane County without the satisfactory completion of all conditions attached to the approval; or

c.    The final recording is a departure from the approved plan.

C.    Approval Criteria. The community development director or designee shall approve or deny a request for a property line adjustment in writing based on all of the following criteria:

1.    Parcel Creation. No additional parcel or lot is created or removed by the lot line adjustment;

2.    Lot Standards. All lots and parcels conform to the applicable lot standards of the land use district (Division 2 of this title) including lot area, dimensions, setbacks, and coverage, and no resulting lot is wholly comprised of a flood hazard area or jurisdictional wetland;

3.    Access and Road Authority Standards. All lots and parcels can conform to the standards or requirements of Section 14.31.200, Vehicle Access and Circulation, and all applicable road authority requirements are met. If a lot is nonconforming to any city or road authority standard, it shall not be made even less conforming by the property line adjustment.

D.    Recording Property Line Adjustments.

1.    Recording. Upon the city’s approval of the proposed property line adjustment, the applicant shall record the property line adjustment with Lane County before the decision expires, and submit a copy of the recorded survey map to the city, to be filed with the approved application.

2.    Time Limit. The applicant shall submit a copy of the recorded property line adjustment survey map to the city prior to the issuance of any building permits on the reconfigured lots.

E.    Extension.

The city shall, upon written request by the applicant and payment of the required fee, grant a written extension of the approval period not to exceed one year; provided, that:

1.    No changes are made to the original property line adjustment as approved by the city;

2.    The applicant can show intent of recording the approved plan within the one-year extension period;

3.    There have been no changes in the applicable code or plan provisions on which the approval was based. In the case where the property line adjustment conflicts with a code change, the extension shall be denied; and

4.    The extension request is made before expiration of the original approved plan. (Ord. 3194 §3(Exh. A), 2025; Ord. 3181 §9, 2024; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.210)

There are certain uses, which, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. These are identified as “Conditional Uses” in Chapter 2 - Land Use Districts or Chapter 14.37 – Sensitive Lands. The purpose of Chapter 14.44 is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.4.100)

A.    Initial Application. An application for a new conditional use shall be processed as a Type III procedure (Section 14.41.400). The application shall meet submission requirements in Section 14.44.300, and the approval criteria contained in Section 14.44.400.

B.    Modification of Approved or Existing Conditional Use. Modifications to approved or existing conditional uses shall be processed in accordance with Chapter 14.46 - Modifications. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.4.200)

In addition to the submission requirements required in Chapter 14.41, an application for conditional use approval must include the following information (1-8), as applicable. For a description of each item, please refer to Section 14.42.500 - Site Design Review Application Submission Requirements:

1.    Existing site conditions;

2.    Site plan;

3.    Preliminary grading plan;

4.    A landscape plan;

5.    Architectural drawings of all structures;

6.    Drawings of all proposed signs;

7.    A copy of all existing and proposed restrictions or covenants;

8.    A copy of an approved State Access Permit, if taking new access onto a State Highway;

9.    Narrative report or letter documenting compliance with all applicable approval criteria in Section 14.44.400;

10.    Narrative report documenting compliance with all applicable approval criteria and conditions in Section 14.37.400 Willamette River Greenway as applicable. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.4.300)

The City shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the standards and criteria in A-C.

A.    Use Criteria.

1.    The site size, dimensions, location, topography and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;

2.    The negative impacts of the proposed use on adjacent properties and on the public can be mitigated through application of other Code standards, or other reasonable conditions of approval;

3.    All required public facilities have adequate capacity to serve the proposal; and

4.    Willamette River Greenway criteria in Section 14.37.400 have been met, as applicable.

B.    Site Design Standards. The Site Design Review approval criteria (Section 14.42.600) shall be met.

C.    Conditions of Approval. The City may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, the following:

1.    Limiting the hours, days, place and/or manner of operation;

2.    Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;

3.    Requiring larger setback areas, lot area, and/or lot depth or width;

4.    Limiting the building or structure height, size or lot coverage, and/or location on the site;

5.    Designating the size, number, location and/or design of vehicle access points or parking areas;

6.    Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved;

7.    Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;

8.    Limiting the number, size, location, height and/or lighting of signs;

9.    Limiting or setting standards for the location, design, and/or intensity of outdoor lighting;

10.    Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;

11.    Requiring and designating the size, height, location and/or materials for fences;

12.    Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands (Chapter 14.37);

13.    Requiring the dedication of sufficient land to the public, and/or construction of pedestrian/bicycle pathways in accordance with the adopted plans, or requiring the recording of a local improvement district non-remonstrance agreement for the same. Dedication of land and construction shall conform to the provisions of Chapter 14.31, and Section 14.31.300 in particular;

14.    Requiring any conditions of approval deemed necessary to meet criteria and conditions of Section 14.37.400 Willamette River Greenway. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.3.400)

A.    Concurrent Variance Application(s). A conditional use permit shall not grant variances to regulations otherwise prescribed by the Development Code. Variance application(s) may be filed in conjunction with the conditional use application, and both applications may be reviewed at the same hearing.

B.    Additional Development Standards. Development standards for specific uses are contained in Chapter 2 - Land Use Districts and in Section 3 – Sensitive Lands. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.4.500)

A.    The purposes of this chapter are to:

1.    Implement the comprehensive plan and applicable land use district(s) by providing a means for master planning large development sites;

2.    Encourage innovative planning that results in projects that benefit the community (i.e., through compatible mixed use development, improved protection of open spaces, transportation options and consistent application of standards in phased developments);

3.    Encourage developments that recognize the relationship between buildings, their use, open space, and transportation options, providing varied opportunities for innovative and diversified employment environments;

4.    Facilitate the efficient use of land;

5.    Promote an economic arrangement of land use, buildings, circulation systems, open space, and utilities;

6.    Preserve to the greatest extent possible the existing landscape features, trees and amenities that may not otherwise be protected through conventional development;

7.    Encourage energy conservation and improved air and water quality;

8.    Assist the city in planning infrastructure improvements; and

9.    Consolidate review of multiple land use applications, e.g., site design review, conditional use and greenway conditional use permit. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.5.100)

A.    The master planned development designation is an overlay zone that may be applied over any of the city’s land use districts. An applicant may elect to develop a project as a master planned development in compliance with the requirements of this chapter. In addition, the city may require that the following types of development be processed using the provisions of this chapter:

1.    Subdivisions of large residential sites (five acres and larger).

2.    Larger-scale parks and recreation uses, as identified in Section 14.25.160.

3.    Subdivisions of large residential sites (three acres or greater) with slopes in excess of 15 percent.

4.    Large commercial developments (five acres or greater) proposing mixed-use development.

5.    Industrial developments (10 acres or greater).

6.    Business Park developments.

7.    Commercial developments added to the UGB to meet land needs identified in the Cottage Grove Economic Opportunities Analysis (2009) (10 acres or greater).

8.    Industrial developments added to the UGB to meet land needs identified in the Cottage Grove Economic Opportunities Analysis (2009) (20 acres or greater). (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.5.110)

A.    Review Steps. There are three required steps to planned development approval, which may be reviewed individually or combined into one package for concurrent review:

1.    The approval of a planned development overlay zone and concept plan;

2.    The approval of a detailed development plan; and

3.    The approval of a preliminary subdivision plat(s) and/or site design review application(s).

B.    Approval Process.

1.    The master planned development (PD) overlay zone and concept plan shall be reviewed together using the Type III procedure in Section 14.41.400, the submission requirements in Sections 14.45.140 and 14.45.170 (as applicable), and the approval criteria in Section 14.45.150.

2.    The detailed development plan shall be reviewed using the Type III procedure in Section 14.41.400, to ensure substantial compliance with the approved concept plan.

3.    Preliminary subdivision plats and site design review applications for approved planned developments shall be reviewed using a Type II procedure, as governed by Section 14.41.300. Conditional use permits for approved planned developments shall be reviewed using a Type III procedure, as governed by Section 14.41.400.

4.    Subsections (B)(1) through (B)(3) of this section may be combined in any manner, so long as the decision-making sequence follows that in subsection A of this section. Notification and hearings may be combined. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.5.120)

The district standards in Division 2 of this title and design standards of Division 3 of this title may be modified through the master plan approval without the need for variances, except that the following standards within Divisions 2 and 3 of this title shall not be modified:

A.    Public improvement standards and engineering design criteria shall not be modified without variance to such standards approved by the city engineer. The city may grant such variances concurrently with other planned development approvals;

B.    Residential densities, as specified in Division 2 of this title; and

C.    Uses not permitted in the underlying zone are not allowed in master plans. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.5.130)

A.    General Submission Requirements. The applicant shall submit an application containing all of the general information required for a Type III procedure, as governed by Section 14.41.400. In addition, the applicant shall submit the following:

1.    A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant.

2.    A development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed.

3.    A statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the planned development.

4.    Narrative report or letter documenting compliance with the applicable approval criteria contained in Section 14.45.150.

4.    Special studies prepared by qualified professionals as required by the community development director or planning commission to determine potential traffic, geologic, water quality, wetland, sensitive habitat, archeological, natural vegetation and other impacts, and required mitigation.

B.    Additional Information. In addition to the general information described in subsection A of this section, the concept plan, data, and narrative shall include the following exhibits and information:

1.    Existing conditions map, as defined in Section 14.42.500, Site Design Review – Application Submission Requirements;

2.    Conceptual site plan (e.g., general land use, building envelopes, circulation, open space, utility connections, and other information necessary to convey the concept plan);

3.    Grading concept (for hillside or sloping properties, or where extensive grading is anticipated);

4.    Landscape concept (e.g., shows retention of existing vegetation and general planting areas);

5.    Architectural concept (e.g., information sufficient to describe architectural styles, building heights, and general materials);

6.    Sign concept plan (e.g., locations, general size, style and materials of signs);

7.    Copy of all existing covenants and restrictions, and general description of proposed restrictions or covenants (e.g., for common areas, access, parking, etc.);

8.    A copy of an approved state access permit, if taking new access onto a state highway. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.5.140)

The city shall make findings that all of the following criteria are satisfied when approving or approving with conditions, the overlay zone and concept plan. The city shall make findings that all of the following criteria are satisfied when approving an application:

A.    Comprehensive Plan. All relevant provisions of the comprehensive plan are met.

B.    Land Division Chapter. All of the requirements for land divisions, as applicable, shall be met (Chapter 14.43).

C.    Divisions 2 and 3 Standards. All of the land use, development, and design standards contained in Divisions 2 and 3 of this title are met, except as may be modified in Section 14.45.130.

D.    Division 4 Standards. Master plans that involve the creation of new parcels shall meet the standards established in Chapter 14.43, Land Divisions and Property Line Adjustments. Conditional uses within master plans shall comply with the criteria found in Section 14.44.400(A).

E.    Open Space. Master plans shall contain a minimum of 15 percent open space. Public open space shall be integral to the master plan. Plans shall emphasize public gathering places such as plazas, neighborhood parks, trails, and other publicly accessible spaces that integrate land use and transportation and contribute toward a sense of place. Where public or common private open space is designated, the following standards apply:

1.    The open space area shall be shown on the final plan and recorded with the final plat or separate instrument; and

2.    The open space shall be conveyed in accordance with one of the following methods:

a.    By dedication to the city as publicly owned and maintained open space. Open space proposed for dedication to the city must be acceptable to the city with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide a level one environmental assessment), and budgetary and maintenance abilities;

b.    By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity, with the city retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions (e.g., maintenance, property tax payment, etc.) suitable to the city.

3.    The open space shall meet the following minimum design standards:

a.    Master plans shall contain open space that equal or exceed 15 percent of the site area. The site area is defined as the lot or parcel on which the development to be located, after subtracting any required dedication of street right-of-way and other land for public purposes (e.g., public park or school grounds, etc.);

b.    In meeting the common open space standard, the master plan shall contain one or more of the following: outdoor recreation area, protection of sensitive lands (e.g., trees preserved), play fields, outdoor playgrounds, outdoor dining areas, walking fitness courses, pedestrian amenities, or similar open space amenities for residents and/or employees. Sensitive lands such as prominent ridgelines, floodways or wetlands shall be considered of highest importance and shall be designated for protection as open space;

c.    Historic buildings or landmarks that are open to the public may count toward meeting the open space requirements when approved by the planning commission;

d.    To receive credit under subsection D of this section, a common open space area shall have an average width that is not less than 20 feet and an average length that is not less than 20 feet. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.5.150)

A.    Land Use District Map Designation. After a planned development overlay zone has been approved, the land use district map shall be amended in accordance with Chapter 14.47, to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire provided the time limits specified in subsections B and C of this section are met.

B.    Time Limit on Filing of Detailed Development Plan. Within three years after the date of approval of the concept plan, the applicant or his or her successor shall prepare and file with the city a detailed development plan, in conformance with Sections 14.45.170 through 14.45.180. The city shall revoke the concept plan approval if this time limit has not been met.

C.    Extension. The city shall, upon written request by the applicant and payment of the required fee, grant a written extension of the approval period not to exceed one year; provided, that:

1.    No changes have been made on the original conceptual development plan as approved;

2.    The applicant can show intent of applying for detailed development plan review within the one-year extension period;

3.    There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based; and

4.    The extension request is made before expiration of the original approval period. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.5.160)

The contents of the detailed development plan shall be determined based on the conditions of approval for the concept plan. At a minimum, the detailed development plan shall identify the final proposed location of all lots, tracts, parcels, open space, rights-of-way, building envelopes and other features, prior to approval of a development permit. The detailed development plan may combine land division, land use review, site design review, and/or other applications for concurrent review and approval. The detailed development plan shall be reviewed using a Type III procedure. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.5.170)

The city shall approve the detailed development plan upon finding that the final plan conforms to the concept plan and required conditions of approval. If the detailed plan request combines other land use and development applications, as provided in Section 14.45.170, those applications shall additionally be subject to the applicable approval criteria in Division 4 of this title. Minor changes to the approved concept plan may be approved with the detailed plan, when the approval body finds that the modification(s) is/are consistent with the criteria in subsections A through H of this section. Changes exceeding those in subsections A through H of this section must be reviewed as major modifications under Chapter 14.46.

A.    Increased residential densities (overall or reallocated between development phases) by no more than 10 percent, provided such increase conforms to the underlying district;

B.    Increase in lot coverage or impervious surface (overall or reallocated between development phases) by no more than 10 percent over that which is approved;

C.    Reduction in open space or landscaping by no more than 10 percent of what was originally approved;

D.    Increase in overall automobile parking spaces by no more than 10 percent;

E.    Land Use. No change in land use shall be permitted without a major modification to the concept plan;

F.    Proposals to add or increase lot coverage within environmentally sensitive areas (sensitive lands) or areas subject to a potential hazard shall require a major modification to the concept plan;

G.    Major changes in the location of buildings, proposed streets, parking lot configuration, utility easements, landscaping or other site improvements shall require a major modification pursuant to Chapter 14.46. “Major” in this subsection means by more than 100 feet, or 15 percent, relative to setbacks; and

H.    Other substantial modifications not listed in subsections A through G of this section shall require approval of a major modification, in conformance with Chapter 14.46. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.5.180)

A.    Land Use and Site Design Reviews. For projects requiring land use or site design review, all such approvals must be final and appeal periods expired before the city issues building permits. Chapter 14.42 applies to site design review.

B.    Land Divisions. For projects requiring a land division, the preliminary land division plats must be final and appeal periods expired before a final plat is approved and building permits issued. Chapter 14.43 applies to land divisions.

C.    Streamlined Review Option. Applications for preliminary land division plats, land use reviews, and site design review applications that are part of an approved master planned development may be reviewed using a Type II procedure, rather than the conventional Type III procedure. This shall be the applicant’s option. The variation from the standard procedures of Chapter 14.42 - Site Design Review, and Chapter 14.43 - Land Divisions is intended to streamline review of projects that have received master planned development approvals, since those projects have previously been subject to public review and hearings. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.5.190)

The purpose of this chapter is to provide an efficient process for modifying land use decisions and approved development plans, in recognition of the cost and complexity of land development and the need to conserve city resources. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.6.100)

A.    This chapter applies to all development applications approved through the provisions of this title, including:

1.    Land use review approvals (Type II only);

2.    Site design review approvals;

3.    Subdivisions, partitions, and property line adjustments;

4.    Conditional use permits;

5.    Historic alteration permits;

6.    Master planned developments; and

7.    Conditions of approval on any of the above permit types.

B.    This chapter does not apply to comprehensive plan amendments, land use district changes, text amendments, annexations, temporary use permits, or other permits not listed in subsection A of this section. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.6.200)

A.    Major Modification Defined. The community development director shall determine that a major modification(s) is required if one or more of the changes listed below are proposed:

1.    A change in land use;

2.    An increase in density by more than 10 percent, provided the resulting density does not exceed that allowed by the land use district;

3.    A change in setbacks or lot coverage by more than 10 percent, provided the resulting setback or lot coverage does not exceed that allowed by the land use district;

4.    A change in the type and/or location of accessways, drives or parking areas affecting off-site traffic;

5.    An increase in the floor area proposed for nonresidential use by more than 15 percent where previously specified;

6.    A reduction of more than 10 percent of the area reserved for common open space; or

7.    Change to a condition of approval, or a change similar to subsections (A)(1) through (A)(6) of this section, that could have a detrimental impact on adjoining properties. The community development director shall have discretion in determining detrimental impacts warranting a major modification.

Note: Modifications to approved master plans shall also meet the requirements established in Section 14.45.180(A) through (H).

B.    Major Modification Applications – Approval Criteria. An applicant may request a major modification using a Type II or Type III review procedure, as follows:

1.    Upon the community development director determining that the proposed modification is a major modification, the applicant shall submit an application form, filing fee and narrative, and a site plan using the same plan format as in the original approval. The community development director may require other relevant information, as necessary, to evaluate the request.

2.    The application shall be subject to the review procedure (Type II or III), decision making body, and approval criteria currently required under this Development Code, now applicable to the initial project approval, except that adding a conditional use to an approved project shall be reviewed using a Type III procedure.

3.    The scope of review shall be limited to the modification request. For example, a request to modify a parking lot shall require site design review only for the proposed parking lot and any changes to associated access, circulation, pathways, storm drainage, lighting, trees, and landscaping. Notice shall be provided in accordance with Chapter 14.41.

4.    The decision-making body shall approve, deny, or approve with conditions an application for major modification based on written findings on the criteria. (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.6.300)

A.    Minor Modification. Any modification to a land use decision or approved development plan that is not within the description of a major modification as provided in Section 14.46.300(A).

B.    Minor Modification Review Procedure. An application for approval of a minor modification shall be reviewed by the community development department using a Type I or a Type II review procedure under Section 14.41.200 or 14.41.300. The community development director is responsible for determining the appropriate review procedure based on the following criteria:

1.    Minor modifications that involve only clear and objective code standards may be reviewed using a Type I procedure;

2.    Minor modifications that involve one or more discretionary standards shall be reviewed through Type II procedure; and

3.    When the code is unclear on whether the application should be a Type I or Type II review, a Type II procedure shall be used.

C.    Minor Modification Applications. An application for minor modification shall include an application form, filing fee and narrative, and a site plan using the same plan format as in the original approval. The community development director may require other relevant information, as necessary, to evaluate the request.

D.    Minor Modification Approval Criteria. The community development director shall approve, deny, or approve with conditions an application for minor modification based on written findings that the modification is in compliance with all applicable requirements of this Development Code and conditions of approval on the original decision, and the modification is not a major modification as described in Section 14.46.300(A). (Ord. 3194 §3(Exh. A), 2025; Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.6.400)

The purpose of this chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this Code and the land use district map. These will be referred to as “map and text amendments.” Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct mistakes, or to address changes in the law. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.7.100)

Legislative amendments are policy decisions made by City Council. They are reviewed using the Type IV procedure in Section 14.41.500, using standards of approval in Section 14.47.500, and shall conform to the Transportation Planning Rule provisions in Section 14.47.800, as applicable. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.7.200)

Quasi-judicial amendments are those that involve the application of adopted policy to a specific development application or Code revision, and not the adoption of new policy (i.e., through legislative decisions). Quasi-judicial district map amendments shall follow the Type III procedure, as governed by Section 14.41.400, using standards of approval in Section 14.47.500. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.7.300)

The approval authority for quasi-judicial and legislative amendments shall be as follows:

1.    The Planning Commission shall review and decide upon land use district map changes that do not involve comprehensive plan map amendments through a Type III application procedure;

2.    The Planning Commission shall make a recommendation to the City Council on an application for a comprehensive plan map amendment through a Type IV application procedure. The City Council shall decide such applications; and

3.    The Planning Commission shall make a recommendation to the City Council on a land use district change application that also involves a comprehensive plan map amendment application. The City Council shall decide both applications through a Type IV application procedure. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.7.400)

A recommendation or a decision to approve, approve with conditions or to deny an application for a legislative amendment or a quasi-judicial land use district map amendment shall be based on all of the following criteria:

1.    Approval of the request is consistent with the Statewide Planning Goals;

2.    Approval of the request is consistent with the adopted Comprehensive Plan designation, including the Transportation System Plan, for the area;

3.    The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided in the planning period;

4.    The change is in the public interest with regard to neighborhood or community conditions, or corrects a mistake or inconsistency in the comprehensive plan or land use district map regarding the property which is the subject of the application; and

5.    The change is consistent with the function, capacity and performance standards for the streets used for access, consistent with the Cottage Grove TSP, the Oregon Highway Plan, and the Transportation Planning Rule (OAR 660-12); and

6.    The amendment conforms to the Transportation Planning Rule provisions under Section 14.47.800. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.7.500)

A quasi-judicial decision may be for denial, approval, or approval with conditions; conditions shall be based on applicable regulations and factual evidence in the record. A legislative amendment may only be approved or denied. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.7.600)

The City Recorder shall maintain a record of amendments to the text of this Code, the comprehensive plan map, and the land use districts map in a format convenient for public use. This shall be located in Division 6. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.7.700)

A.    Review of Applications for Effect on Transportation Facilities. When a development application includes a proposed comprehensive plan amendment or land use district change, the proposal shall be reviewed to determine whether it significantly affects a transportation facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060 (the Transportation Planning Rule – TPR) and the Traffic Impact Study provisions of Section 14.41.900. “Significant” means the proposal would:

1.    Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors). This would occur, for example, when a proposal causes future traffic to exceed the levels associated with a “collector” street classification, requiring a change in the classification to an “arterial” street, as identified by the City’s Transportation System Plan (“TSP”); or

2.    Change the standards implementing a functional classification system; or

3.    As measured at the end of the planning period identified in the City’s adopted transportation system plan (TSP) allow types or levels of land use that would result in levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; or

4.    Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the City’s transportation system plan (TSP) or elsewhere in this code (see Section 14.41.900); or

5.    Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the City’s TSP.

B.    Amendments That Affect Transportation Facilities. Except as provided in subsection C, amendments to the comprehensive plan and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the TSP. This shall be accomplished by one of the following:

1.    Adopting measures that demonstrate that allowed land uses are consistent with the planned function of the transportation facility; or

2.    Amending the TSP or Comprehensive Plan to provide transportation facilities, improvements, or services adequate to support the proposed land uses; such amendments shall include a funding plan to ensure the facility, improvement, or service will be provided by the end of the planning period; or

3.    Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation; or

4.    Amending the planned function, capacity or performance standards of the transportation facility; or

5.    Providing other measures as a condition of development or through a development agreement or similar funding method, specifying when such measures will be provided.

C.    Exceptions. Amendments to the Comprehensive Plan or land use regulations with a significant effect on a transportation facility, where the facility is already performing below the minimum acceptable performance standard identified in the City’s transportation system plan (TSP), may be approved when all of the following criteria are met:

1.    The amendment does not include property located in an interchange area, as defined under applicable law;

2.    The currently planned facilities, improvements or services are not adequate to achieve the standard;

3.    Development resulting from the amendment will, at a minimum, mitigate the impacts of the amendment in a manner that avoids further degradation to the performance of the facility by the time of the development; and

4.    The road authority provides a written statement that the proposed funding and timing for the proposed development mitigation are sufficient to avoid further degradation to the facility. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.7.800)

Some terms or phrases within the Code may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the Code text. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.8.100)

A.    Requests. A request for a code interpretation shall be made in writing to the Community Development Director.

B.    Decision to Issue Interpretation. The Community Development Director shall have the authority to interpret the code. The Community Development Director shall advise the person making the inquiry in writing within 14 days after the request is made, on whether or not the City will make an interpretation.

C.    Written Interpretation. If the City decides to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to the person requesting the interpretation and any other person who specifically requested a copy. The written interpretation shall be issued within 30 days of the request. The decision shall become effective 14 days later, unless an appeal is filed in accordance with E-F below.

E.    Type II Procedure. Code Interpretations shall be made using a Type II procedure under Section 14.41.300.

F.    Appeals. The applicant and any party who received notice or who participated in the proceedings through the submission of written or verbal evidence may appeal the Type II decision to the Planning Commission. The appeal must be filed within 14 days after the interpretation was mailed or delivered to the applicant. Initiating an appeal requires filing a notice of appeal with the Community Development Director pursuant to Section 14.41.400.

G.    Interpretations on File. The City shall keep on file a record of all code interpretations. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.8.200)

Temporary uses are characterized by their short term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices, temporary carnivals and fairs, parking lot sales, retail warehouse sales, seasonal sales such as Christmas tree sales and vegetable stands, medical hardships, and food carts. Five types of temporary uses require permit approval (See A, B, C, D, and E):

A.    Seasonal and Special Events. These types of uses occur only once in a calendar year and for no longer a period than 30 days. Using the Type I procedure under Section 14.41.200, the City shall approve or deny a temporary use permit provided all of the following criteria are satisfied:

1.    The use is permitted in the underlying land use district and does not violate any conditions of approval for the property (e.g., prior development permit approval);

2.    The applicant has proof of the property-owner’s permission to place the use on his/her property;

3.    No parking will be utilized by customers and employees of the temporary use which is needed by the property owner to meet their minimum parking requirement under Chapter 14.33 - Vehicle and Bicycle Parking;

4.    The use provides adequate vision clearance, as required by Section 14.31.200, and shall not obstruct pedestrian access on public streets;

5.    Ingress and egress are safe and adequate when combined with the other uses of the property; as required by Section 14.31.200 - Vehicular Access and Circulation;

6.    The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use;

7.    Temporary signage does not exceed 50 square feet, is located outside of vision clearance areas and right-of-ways or required circulation corridors; and

8.    The use is adequately served by sewer or septic system and water, if applicable. (The applicant shall be responsible for obtaining any related permits.)

B.    Temporary Sales Office or Model Home. Using a Type I procedure under Section 14.41.200, the City may approve, approve with conditions or deny an application for the use of any real property within the City as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within the City, but for no other purpose, based on the following criteria:

1.    Temporary sales office:

a.    The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold;

b.    The property to be used for a temporary sales office shall not be permanently improved for that purpose;

c.    Conditions may be imposed regarding temporary utility connections, and as necessary to protect public health, safety, or welfare.

2.    Model house:

a.    The model house shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated; and

b.    The model house shall be designed as a permanent structure that meets all relevant requirements of this Code and other applicable codes and permit requirements.

C.    Temporary Commercial or Industrial Building, Trailer, Kiosk, or Structure. Temporary or permanent placement of a building, trailer, kiosk, or structure, including but not limited to prefabricated building(s), for use on any real commercial or industrial property within the City shall require a development permit. Using a Type II procedure, as governed by Section 14.41.400, the City may approve, approve with conditions or deny an application for a placement of a building, trailer, kiosk, or structure for temporary use, or temporary placement, such as a temporary commercial or industrial use or space associated with the primary use on the property, based on following criteria:

1.    The temporary trailer or building shall be located within the specified property line setbacks of the parcel of land on which it is located;

2.    The primary use on the property to be used for a temporary trailer is already developed;

3.    Ingress and egress are safe and adequate as demonstrated by an approach permit approved by the road authority, as applicable. See also, Section 14.31.200 - Vehicular Access and Circulation;

4.    There is adequate parking for the customers or users of the temporary use as required by Chapter 14.33 - Bicycle and Vehicle Parking;

5.    The use will not result in vehicular congestion on streets;

6.    The use will pose no impediment or hazard to pedestrians in the area of the use;

7.    The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use;

8.    The building complies with applicable building codes;

9.    The use can be adequately served by sewer or septic system and water, if applicable. (The applicant shall be responsible for obtaining any related permits);

10.    The length of time that the temporary building will be used does not exceed 6 months. When a temporary building exceeds this time frame, the applicant shall be required to remove the building, or renew the temporary use permit; and

11.    Conditions may be imposed regarding temporary utility connections, and as necessary to protect public health, safety, or welfare.

D.    Temporary Medical Hardships. Temporary trailers may be placed on residential lots for the purposes of providing living space for a relative or caregiver in the event of a medical hardship. Placement of such a trailer, which may include recreational vehicles, fifth-wheels, camp trailers, etc. within the City shall require a development permit. Using a Type II procedure, as governed by Section 14.41.300, the City may approve, approve with conditions or deny an application for a placement of a temporary trailer for a medical hardship, based on following criteria:

1.    The trailer shall be located in a residential district or otherwise on site of the person that requires or will provide care;

2.    A written statement by the licensed medical practitioner of the patient which attests to the need for the care shall accompany the application;

3.    The trailer permit shall not exceed one (1) year in duration, unless an additional written statement by the doctor is submitted prior to permit expiration. Upon cessation of the need for the care by the patient, the use shall cease;

4.    The location and placement of the trailer shall conform with all site location, access and parking requirements set for in Chapter 2 that apply to the trailer location;

5.    The trailer shall not be connected in any manner to any utility service unless required, approved and permitted by the City;

6.    The trailer shall not be placed upon a permanent foundation. Manufactured dwellings, park models and mobile homes may not be used as temporary trailers; and

7.    No use shall be allowed without prior written approval of the property owner of the site upon which it will be located.

E.    Temporary Food Carts. Placement of food carts on Commercial or Industrial (C-2, C-2P, CT, M) zoned properties within the City shall require an annual permit. Using a Type I procedure under Section 14.41.200, the City may approve or deny an application for a placement of a food cart provided all of the following criteria are satisfied:

1.    The applicant has proof of the commercial property-owner’s permission to place the food cart on his/her property;

2.    The food cart shall be located within the specified property line setbacks of the parcel of land on which it is located;

3.    Ingress and egress are safe and adequate when combined with other uses on the property, as required by Section 14.31.200 - Vehicular Access and Circulation;

4.    No parking will be utilized by customers and employees of the temporary use that is needed by the property owner to meet their minimum parking requirement under Chapter 14.33 – Vehicle and Bicycle Parking;

5.    The use will pose no impediment or hazard to pedestrians in the area of the use;

6.    The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use;

7.    The food cart complies with applicable Oregon Health Authority Mobile Food Unit license requirements, as enforced by the Lane County Health Department;

8.    The food cart complies with applicable building code requirements;

9.    Temporary signage other than on the food cart does not exceed 30 square feet, is located outside of vision clearance areas and right-of-ways or required circulation corridors;

10.    The use can be adequately served by sewer or septic system and water, if applicable. (The applicant shall be responsible for obtaining any related permits); and

11.    The length of time that the food cart will be used does not exceed 12 months. When a food cart exceeds this time frame, the applicant shall be required to remove the food cart from the site, or renew the temporary use permit. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.9.100)

A.    Purpose.

She purpose of this Section is to encourage those who are engaged in small commercial ventures that do not conform to the Special Standards for Certain Uses in Section 14.22.200, G. Home Occupation. The standards referenced above allow home occupations as outright permitted uses that do not require Type III Cottage Industry Permit Review.

Section 14.49.200 provides a process for more intense home occupations to be allowed with Type III Cottage Industry Permit Review by the Planning Commission and notice to surrounding property owners. These cottage industries may be permitted, with conditions of approval when appropriate, in order to increase the benefits of people working and living in the same place, while protecting neighboring residents from adverse impacts of home occupation activities. These benefits to the business owner and to the general public include: reduced number of commute-to-work trips, day-time “eyes on the street” at the residence, and a neighborhood-scale version of mixed residential and commercial uses.

B.    Approval Process and Criteria.

1.    Cottage Industry Permit. Applications for proposals that cannot meet all of the standards in Section 14.22.200.G. shall be processed using a Type III procedure, as governed by Chapter 14.41.400, using the approval criteria in subsection 2, below. In addition to the application requirements contained in Section 14.41.400.C, the applicant shall provide:

a.    A written narrative or letter:

1)    Describing the proposed cottage industry;

2)    Demonstrating compliance with those standards in Sub Section 14.22.200.G that can be met, and explaining why the other standards in Sub Section 14.22.200.G cannot be met, and

3)    Demonstrating compliance with the criteria in subsection 2 below;

b.    A site plan, to scale, of the lot proposed for the home occupation, including:

1)    The property lines and their dimensions;

2)    Outlines of the foundations of all buildings proposed for home occupation use with dimensions for each wall, and the distances from each wall to the nearest property line;

3)    Boundaries and dimensions of driveways and parking areas, indicating areas for use by cottage industry employees and customers;

4)    Outlines of the foundations of abutting residences, and the distances from the shared property line to the nearest wall of each neighboring residence; and

5)    Identity of the buildings and areas of those buildings in which cottage industry activities will take place, and identifying which activities will take place in which buildings and areas.

2.    The City shall approve, approve with conditions, or deny an application for a Type III Cottage Industry based on all of the following criteria:

a.    The proposed use will not be materially detrimental to the stated purposes of applicable Code requirements and to other properties within a radius of 300 feet of the subject property;

b.    Impacts to surrounding properties may exist but can be mitigated; and

c.    Existing physical and natural systems, such as, but not limited to drainage, natural resources, and parks, will not be adversely affected any more than would occur if the development occurred in compliance with 14.22.200.G. (Ord. 2959 §5(Exh. A (part)), 2007. Formerly 4.9.200)