Jefferson City Zoning Code
CHAPTER 12
80 LAND DIVISION PROCEDURES
§ 12.80.010 Partitionings.
The applicant shall submit the original application form and five copies; one reproducible copy and 10 copies of the tentative plan; one original and five copies of a written narrative; the written narrative shall also be provided in a word processing format accessible by the City and emailed to the City Recorder (a pdf file format is not acceptable); one set of Assessor's maps; and the appropriate filing fees to the City Recorder. No partition final plat may be accepted by the City until the Planning Commission has approved the tentative plan. The application and tentative plan materials shall include the following information:
A.
Vicinity map;
B.
Names, addresses and telephone numbers of the landowner(s), developer(s) and mortgagee(s), the engineer or surveyor;
C.
North arrow, scale and date of preparation;
D.
Deed showing the owner of the subject property and a legal description of the subject property;
E.
Statement of proposed use for each parcel;
F.
Location, width and improvements of the street(s) serving the parcel;
G.
Location and size of public services to the proposed parcels, including, but not limited to, sanitary sewer, storm sewer, and water, including the associated facilities such as fire hydrants, pumps, pump stations, vaults, manholes, valves, and catch basins;
H.
Location of building(s) to be demolished and to remain, slope of the land, drainage ways, natural features (marshes, rock outcroppings, trees, etc.) and easements;
I.
The proposed parcel lines, dimensions and area of all proposed parcels;
J.
Any areas within the 100-year floodplain;
K.
Tax lot, Assessor's map number, township and range of the subject property;
L.
One set of full size (about two feet by two feet) Assessor's maps covering the subject property and the notification area around the subject property;
M.
Location and size of private utilities, including power, telephone, natural gas and cable, and their associated facilities;
N.
A written narrative stating how the proposed partition meets the Development Code requirements;
O.
The use of the properties abutting the subject property;
P.
Other information deemed by the City to be necessary, including, but not limited to, a traffic impact analysis, wetlands analysis, geotechnical analysis, homeowners association by-laws, and conditions, covenants and restrictions.
(Ord. 738, 2/12/2026)
§ 12.80.030 Partition Review.
A.
Applications for partitions shall be reviewed under Type I-B procedures.
B.
The development official shall deny an application for partitioning when it appears the partitioning is part of a plan or scheme to create more than three parcels over time without going through the subdivision process, or is part of a development pattern having the effect of creating more than three parcels over time without subdividing.
(Ord. 738, 2/12/2026)
§ 12.80.040 Partitions-Final plat.
A.
A draft final plat shall be submitted to the development official, and they shall determine whether the material conforms with the approved tentative plan and with the applicable requirements of the Development Code as a ministerial zoning review. For the purposes of this section, a plat which substantially conforms to the preliminarily approved tentative plan shall contain no newly created lots which have lot dimensions or lot areas which deviate more than 5% from the lot dimensions and lot areas shown on the approved preliminary plat. If the development official determines that there is a failure to conform, the applicant shall be advised and afforded an opportunity to make corrections prior to submission of the mylar final plat.
B.
The applicant shall submit a mylar final plat to the City. The mylar final plat shall comply with the tentative plan approval, the Development Code, Oregon Revised Statute 92, Subdivisions and Partitions, and Oregon Revised Statute 209, County Surveyors, and any Marion County Surveyor's Office requirements. When the plat or map is found to conform, the city recorder shall sign and date the plat.
C.
Filing or recording of separate legal documents to achieve compliance with the tentative plan or Development Code may be permitted by the City Recorder when it can be shown that placing such information on the final plat is not required to achieve compliance with the tentative plan or the Development Code. When a separate legal document is filed describing a geographically based restriction (such as an easement) the described areas shall be marked with a colored ink (other than black), on the City's paper copies of the final plat. A description of, or reference to, any other restrictions attached to the partition shall also be noted on the City's paper copies.
(Ord. 738, 2/12/2026)
§ 12.80.050 Property line adjustment survey.
A property line adjustment may be processed as a Type I-B procedure. After the approval, a draft survey or draft final plat of the adjusted property line shall be submitted to and reviewed by the City as a ministerial zoning review to ensure it complies with the decision. The development official shall indicate on the draft if the draft survey or draft final plat conforms to the decision or if any changes are required. The applicant shall make required changes to the survey or plat and then record the final document at the County Surveyor's office.
A.
The approval criteria for property line adjustment are:
1.
The proposed property line adjustment is a relocation or elimination of all or a portion of a single common property line between two abutting properties;
2.
The proposed property line adjustment shall not create a new parcel or lot;
3.
The proposed property line adjustment shall result in parcels or lots that comply with the lot size and dimensional standards of the applicable zoning district. For subject properties that are a nonconforming parcel or lot, the adjustment shall not increase the degree of non-conformance of either of the subject properties;
4.
The proposed property line adjustment shall result in setbacks from existing structures which are conforming to the required property line setbacks of the underlying zone. For subject properties with existing nonconforming setbacks, the adjustment shall not increase the degree of nonconformance; and
5.
The proposed property line adjustment shall result in off street parking areas or other elements that comply with the standards of this title. For subject properties with existing non-conformities, the adjustment shall not increase the degree of nonconformance.
(Ord. 738, 2/12/2026)
§ 12.80.055 Middle housing land division.
Where an applicant has not requested a middle housing land division be processed as an expedited land use action, middle housing land divisions shall be subject to the procedures and approval criterion of a partition application subject to the following exceptions:
A.
Approval Criteria. The proposed division meets the following criteria and complies with any applicable regulations stated in Section 12.80.130:
1.
The proposal is for development of middle housing in compliance with the Oregon Residential Specialty Code and land use regulations applicable to the original lot or parcel allowed under ORS 197A.420;
2.
Separate utilities shall be provided for each dwelling unit;
3.
The division includes proposed easements necessary for each dwelling unit on the plan for:
a.
Locating, accessing, replacing and servicing all utilities;
b.
Pedestrian access from each dwelling unit to a private or public road;
c.
Any common use areas or shared building elements;
d.
Any dedicated driveways or parking; and
e.
Any dedicated common area.
4.
The division results in exactly one dwelling unit on each resulting lot or parcel, except for:
a.
Lots, parcels or tracts used as common areas;
b.
Lots with a single unit dwelling and ADU; or
c.
Lots with a single duplex.
5.
Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with applicable building codes provisions relating to new property lines and, notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon Residential Specialty Code.
B.
Conditions of Approval. The decision authority may place conditions of approval on a decision related to middle housing land division only if those conditions ensure compliance with the approval criteria in subsection A above or include any of the following requirements:
1.
Street frontage improvements where a resulting lot or parcel abuts the street consistent with land use regulations implementing ORS 197A.420;
2.
The dedication of right-of-way if the original parcel did not previously provide a dedication; or
3.
That the lots resulting from a middle housing land division may not be further partitioned or subdivided provided that the lots or parcels created may be used to create housing which is at or above the minimum density allowed in the underlying zone.
(Ord. 738, 2/12/2026)
§ 12.80.060 Approval signatures for partition final plat.
Prior to recordation with the recording officer of Marion County, the applicant shall provide to the development official two full size paper copies (about 18 by 22 inches) of a draft partition final plat prepared by the surveyor. If the draft is in compliance with the tentative plan approval, and all required public facility improvements have been completed the development official will notify the applicant it is in compliance and the surveyor may prepare the mylar final plat. If it is not in compliance, the development official shall notify the applicant of the needed changes.
The applicant shall submit the mylar final plat to the City Recorder and if it complies with the tentative plan approval, the City Recorder may sign the final plat in the signature block, designating the City's approval of the final plat. The signed mylar final plat shall be forwarded to the County Surveyor for review and forwarded to the County Recorder for recording. No later than two weeks after the recording the applicant shall submit to the City two full size paper copies of the recorded final plat for the City's files. The City shall issue no building permit, construction permit or other permit for the properties shown on the final plat until the City receives the two paper copies of the recorded final plat.
(Ord. 738, 2/12/2026)
§ 12.80.080 Tentative subdivision sketch.
The applicant shall submit a sketch to the City Recorder of a tentative scheme for the layout of the property to be subdivided. Following preliminary consultation, the applicant may proceed to prepare a preliminary plat for submission to the Planning Commission.
(Ord. 738, 2/12/2026)
§ 12.80.090 Submission of tentative plan.
The applicant shall prepare a tentative plan and other supplemental material as may be required to indicate the general program and objectives of the project, and shall submit the tentative plan and supplemental materials to the City Recorder with the appropriate fee.
(Ord. 738, 2/12/2026)
§ 12.80.100 Subdivision Review.
The Planning Commission shall consider the proposed preliminary subdivision plat in a Type II-A procedure at a regular meeting. The Planning Commission, when considering the request, may deny, approve, or approve with conditions. As in any action of the Planning Commission, findings and conclusions must be made supporting the decision.
(Ord. 738, 2/12/2026)
§ 12.80.110 Information required on the preliminary plat.
The preliminary plat shall include the following information:
A.
The date, scale, north point, legend, and controlling topography such as creeks, ditches, highways, and railroad rights-of-way;
B.
Legal description of the tract boundaries;
C.
Location of subdivision by section, township and range, and a legal description sufficient to define the location and boundaries of the proposed tract or the tract designation or other description according to the real estate records of the County Assessor;
D.
Names and addresses of owner(s), subdivider, and engineer or surveyor;
E.
Vicinity Map. If the detailed map does not show the following information, a vicinity map at a small scale (400 feet to the inch) shall be prepared showing:
1.
All existing subdivision, streets and tract lines of acreage land parcels immediately adjoining the proposed subdivision and between it and the nearest existing major streets,
2.
Name of the record owners of all contiguous land parcels,
3.
How streets and alleys in the proposed subdivision may connect with existing proposed streets and alleys in neighboring subdivisions, or undeveloped property, to produce the most advantageous development of the entire neighborhood area;
F.
Detailed Map. The preliminary plat shall be drawn at a scale of one inch equals 50 feet or one inch equals 100 feet, or for areas over 100 acres, one inch equals 200 feet;
G.
General Information. The following general information shall be shown on the preliminary plat:
1.
Name of the subdivision; this name must not duplicate nor resemble the name of another subdivision in the same county and shall be approved by the Marion County Clerk,
2.
Date, north point, and scale of drawing;
H.
Existing Conditions. The following existing conditions shall be shown on the preliminary plat:
1.
The location, widths and names of all existing or platted streets or other public ways within or directly adjacent to the tract; and other important features, such as railroad rights-of-way, and City boundary lines,
2.
The location in the adjoining streets or property of existing sewers and water mains, culverts and drain pipes, electric conduits or lines proposed to be used on the property to be subdivided and invert elevations of sewers at points of proposed connections,
3.
Contour lines having the following minimum intervals:
a.
One-foot contour intervals for ground slopes less than 5%,
b.
Two-foot contour intervals for ground slopes between five percent and 10%,
c.
Five-foot contour intervals for ground slopes exceeding 10%,
d.
The elevations of all control points which are used to determine the contours,
e.
Contours shall be related to City of Jefferson datum,
4.
Approximate location of areas subject to inundation or stormwater overflow with approximate high water elevation,
5.
Location, width, direction and flow of all watercourses,
6.
Location of properties within the 100-year floodplain and other areas subject to flooding or ponding (see Section 12.32.160),
7.
Existing uses of the property and adjacent property within 100 feet including location of all existing structures to remain on the property,
8.
Zoning adjacent to the tract;
I.
Proposed Plan of Subdivision. The following shall be included on the preliminary plat:
1.
Proposed Streets. Location, widths, names, approximate radii or curves. The relationship of all streets to any projected streets as shown on any development plan adopted by the Planning Commission,
2.
Easements. Location on the site or abutting property, showing the width and purpose of all easements,
3.
Lots. Approximate dimensions of all lots, minimum lot size, proposed lot and block numbers,
4.
Proposed land use; sites, if any, allocated for:
a.
Multiple-family dwelling,
b.
Shopping centers,
c.
Churches,
d.
Industry,
e.
Parks, schools, playgrounds, and
f.
Public or semipublic buildings;
J.
Explanatory Information Required. The following additional information shall be submitted with the preliminary plat:
1.
The names and addresses of all owners within 300 feet of the proposed subdivision,
2.
Findings indicating compliance with applicable provisions of the Comprehensive Plan,
3.
Total acreage in the subdivision and the percent of land dedicated to the public, not including easements,
4.
All public improvements proposed to be installed and the approximate time installation is desired,
5.
Special improvements to be made by the developer and the approximate time such improvements are to be completed (examples include entrance signs or walks, berms, bus stands, etc.). Sufficient detail regarding proposed improvements shall be submitted so that they may be checked for compliance with the objectives of these regulations, state laws and other applicable City ordinances. If, however, the nature of the improvement is such that it is impractical to prepare all necessary details prior to approval of the preliminary plat, the additional details shall be submitted at least 30 days prior to approval of the final plat.
(Ord. 738, 2/12/2026)
§ 12.80.120 Future street proposal required.
A.
Except as provided below, a future street proposal shall be filed in conjunction with an application for a subdivision or partition. The proposal shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division to include the other tracts within 200 feet surrounding and adjacent to the proposed land division.
B.
A future street proposal shall not be required for any portion of the area for which a proposed street plan layout has been established by either the Comprehensive Plan or a future street proposal previously approved by the Planning Commission or where surrounding property is substantially developed.
C.
The Planning Commission will have the authority to adopt a proposed street plan submitted by an applicant or can initiate a proposed street plan for an area for which there is not a proposal for a land division.
(Ord. 738, 2/12/2026)
§ 12.80.130 Criteria for approving preliminary plat (partition and subdivision) and street plan.
In approving a tentative land division plan or adopting a proposed street plan, the Decision Authority shall find the following:
A.
Development of any remainder of property under the same ownership can be accomplished in accordance with the Development Code;
B.
Adjoining land can be developed or is provided access that will allow its development in accordance with the Development Code;
C.
The proposed street plan affords the best economic, safe and efficient circulation of traffic possible, under the circumstances;
D.
Conditions necessary to satisfy the intent of the Development Code can be satisfied prior to final plat approval.
(Ord. 738, 2/12/2026)
(Ord. 738, 2/12/2026)
§ 12.80.140 Expiration of preliminary plat approval for partitions, property line adjustments, and subdivisions.
A preliminary plat approval for a partition or a subdivision or approval of a property line adjustment is valid for a period of three years from the effective date of approval, subject to extension as provided in Section 12.72.023. If the final plat or survey has not been approved by the City and recorded with the county within the period of validity, the preliminary plat approval shall expire and a final plat or survey may not be approved nor recorded without a new approval.
(Ord. 738, 2/12/2026)
§ 12.80.145 Phasing of subdivisions.
Phasing of a subdivision shall be permitted subject to the additional procedures and development standards of this section. When the subdivision of land is phased, one tentative plan is approved for the entire phased subdivision, and each individual phase receives separate final plat approval.
A.
Phased Subdivision Materials. The tentative plan required per Section 12.80.090 shall show all proposed phases of development. In addition, an application for a phased subdivision shall contain the following:
1.
A phasing plan which indicates the tentative boundaries of each phase, the sequencing of the proposed phases, and the tentative configuration of all lots in each phase; and
2.
A phased utilities plan which indicates a plan for the construction of all public and private utilities and infrastructure in each phase.
B.
Expiration of Preliminary Plat Approval. A preliminary plat approval for a phased subdivision is valid for a period of three years from the effective date of approval, subject to extension as provided in Section 12.72.023. If the final plat of the first phase has not been approved by the City and recorded with the county within the period of validity, the preliminary plat approval shall expire and a final plat may not be approved nor recorded without a new approval.
1.
Expiration of Successive Phases. Once the final plat of the first phase is recorded with the county, successive phases are not subject to a period of validity. If an application for subdivision, partition, or property line adjustment is approved for a lot or tract which is within the boundaries of an unplatted phase of a phased subdivision, the preliminary plat approval of the phased subdivision shall expire and no additional final plats may be approved nor recorded under that approval.
2.
Modification. Second and third phases of development approved under a preliminary plat approval may be modified under the procedures of Chapter 12.98, even after recordation of the final plat of previous phases.
C.
Number of Phases. No more than three separate phases of development for a phased subdivision shall be permitted.
D.
Approval Criteria. In addition to the established approval criteria for a subdivision an application for a phased subdivision shall only be approved if the below additional criteria are met:
1.
Each phase is functionally self-contained and self-sustaining with regard to required improvements;
2.
Each phase is designed in a manner that all phases support the infrastructure requirements for the phased subdivision as a whole;
3.
Connectivity for streets and City utilities between each phase ensures the orderly and efficient construction of required public improvements among all phases.
E.
Required Improvements. All off-site improvements required as a condition of approval for a phased subdivision and all improvements proposed for new or existing collector or arterial streets must be completed as part of the first phase of development.
(Ord. 738, 2/12/2026)
§ 12.80.150 Subdivision final plat requirements.
The applicant shall submit one reproducible copy and three prints of the final plat to the City. Submittal of the final plat to the county surveyor and county recorder shall be according to applicable State and County requirements.
A.
Preparation. The final plat shall be submitted to the City in a form required by these regulations and state laws including ORS 92.050 through 92.120 for plats of record.
B.
Information Required. In addition to that specified by State law, the following information shall be shown on the final plat:
1.
The date, scale, north point, legend and controlling topography such as creeks, ditches, highways, and railroad rights-of-way;
2.
Legal description of the tract boundaries and the file number of the subdivision;
3.
Name and address of the owner(s), subdivider and surveyor;
4.
Reference points of existing surveys identified, related to the plat by distances and bearing and referenced to a field book or map as follows:
a.
Stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision,
b.
Adjoining corners of adjoining subdivisions,
c.
Other monuments found or established in making the survey of subdivision or required to be installed by provisions of the Development Code;
5.
Preliminary control points if such are established by the City; description and ties to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referenced;
6.
The location and width of streets and easements intercepting the boundaries;
7.
100-year floodplain or high water line for any body of natural drainageway (see Section 12.32.160), together with the method or source of such determination;
8.
Lines with dimensions, bearings, or deflection angles, radii, arcs, points of curvature and tangent bearings for tract, lot and boundaries and street bearings shall be shown to the nearest ten seconds with basis of bearings. All distances shall be shown to the nearest 1/100 foot;
9.
The width of the portion of streets being dedicated, the width of any existing right-of-way and the width of each side of the center line. For streets on a curvature, curve data shall be based on the street center line and, in addition to center line dimensions, the radius, chord distance, bearing, and central angle shall be indicated;
10.
Easements, clearly identified and, if already of record, their recorded reference. If an easement is not definitely recorded, a statement of the easement shall be given. The bearing, and sufficient ties to locate the easement with respect to the subdivision, shall be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificates of dedication. The purposes of easements shall also be identified;
11.
Lot numbers beginning with the number "1" and continuing consecutively in each block in the subdivision;
12.
Block number beginning with the number "1" and continuing consecutively without omissions or duplication throughout a subdivision. The numbers shall be of sufficient size and thickness to stand out and so placed as not to obliterate and disfigure. Block numbers in addition to a subdivision of the same name shall be a continuation of the numbering in the original subdivision;
13.
Identification of land to be dedicated for any purpose, public or private, to distinguish it from lots or parcels intended for sale. The following phrases shall be used when identifying open space dedications:
a.
"Common open space" shall be used to identify those parcels of land created for the purpose of common ownership, enjoyment and maintenance by an approved homeowners association group or is listed as being held in common ownership, with appropriate deed restrictions and responsibilities, by owners of property within the subdivision,
b.
"Public open space" shall be used when identifying those parcels of land dedicated to the City for open space purposes,
c.
"Open space easement" shall be used to identify that portion of a lot or lots that have established an open space easement agreement with the City;
14.
The following certificates, which may be combined where appropriate:
a.
A certificate signed by the city recorder certifying City approval,
b.
A certificate signed and acknowledged by all parties having record title interest in the land, consenting to the preparation and recording of the plat.
c.
A certificate signed and acknowledged as above, dedicating all parcels of land shown on the final plat and intended for the exclusive use of the lot owners in the subdivision, their licenses, visitors and servants,
d.
A certificate signed by the surveyor responsible for the survey and final map, the signature accompanied by seal, attesting that applicable requirements of City, state and county requirements have been met,
e.
Other certifications required by laws;
15.
Filing of separate legal documents to achieve any of the above requirements (subsections B.1 through B.14 of this section) may be permitted by the Planning Commission when it can be shown that placing such information on the final map is not required to achieve the purposes of the Development Code. When a separate legal document is filed describing a geographically based restriction (such as an easement) the described area shall be marked with colored ink (other than black) on the City copy. A description of or reference to any other restrictions attached to the subdivision approval shall also be noted on the City copy;
16.
Supplementary information:
a.
A copy of any deed restrictions.
b.
A copy of any dedication requiring separate documents,
c.
Legal documents conveying property to the City,
d.
Assurance satisfactory to the City Engineer that improvements installed by the subdivider will be in conformance with the standards of the City and that streets and pedestrian ways will be improved,
e.
Boundary and lot closure computations and total area of each lot, parcel, and open space dedication, in square feet or acres.
f.
Title report or subdivision guarantee;
17.
All monumentation shall comply with standards established for subdivisions as stated in ORS 92. Witness corners may be set when it is impractical or impossible to set a monument in its true position providing course and distance is given to the true position. All monuments shall be clearly identified with the surveyor's name or registration number. Unless waived by the City Engineer, the intersection of all street center lines shall be monumented according to City specifications.
(Ord. 738, 2/12/2026)
§ 12.80.165 Public improvements required for final plat approval for subdivisions.
A.
A final plat may be approved only when all of the required public improvements have been completed and accepted by the City. The performance security for public improvements for subdivisions shall be a developer agreement as specified in Section 9.16.060C.3.
B.
Exception. The City Engineer may authorize the approval of a final plat before the completion of all public improvements if construction is substantially complete, the remaining items are relatively minor, and a sufficient financial security has been provided as specified in Section 9.16.060C.1 or 2.
(Ord. 738, 2/12/2026)
§ 12.80.170 Submission and review of subdivision final plat or final map for approval signatures.
A draft final plat shall be submitted to the development official and they shall determine whether the material conforms with the approved tentative plan or map and with the applicable requirements of the Development Code as a ministerial zoning review. For the purposes of this section, a plat which substantially conforms to the preliminarily approved plat shall contain no newly created lots which have lot dimensions or lot areas which deviate more than 5% from the lot dimensions and lot areas shown on the approved preliminary plat. If the development official determines that there is a failure to conform, the applicant shall be advised and afforded an opportunity to make corrections. When the plat or map is found to conform, the city recorder shall sign and date the plat and take the following additional actions, or advise the applicant to do the same:
A.
As required by ORS 92.100, obtain the approval signature thereon by the surveyor serving the City certifying that the subdivision plat complies with applicable survey laws. Before so certifying, the surveyor may cause field investigations to be made to verify that the plat survey is sufficiently accurate. If it is determined that there has been a failure to comply, the applicant shall be notified and afforded an opportunity to make corrections. When the plat is found to conform, it shall be signed and dated by the surveyor;
B.
As required by ORS 92.110, obtain the approval signatures thereon of the board of directors, or board's delegate, of any irrigation district, drainage district, water control district or districts improvement company if the subdivision is within such district;
C.
Obtain the approval signatures thereon of the County Board of Commissioners;
D.
Obtain the approval signature thereon of the County Assessor, certifying that all taxes on the property have been paid or bonded for, in accordance with State law;
E.
Deliver the approved subdivision plat and accompanying documents to the County Recorder for recording;
F.
Deliver a signed mylar copy and four blueprints of the approved subdivision plat to the City.
(Ord. 738, 2/12/2026)
§ 12.80.180 Effective date for final plat or plan approval for subdivisions.
A.
The approval process for a subdivision shall become final upon the recording of the approved subdivision plat, under ORS 92.120(1), and the recording of the approved plat together with any required documents with the county recorder. Subdivision plats may not be recorded after the expiration of the period of validity specified in Section 12.80.140.
B.
All subdivision lots platted prior to 1993 shall conform to the current development standards, including, but not limited to, permitted uses, minimum square footage for duplex and multifamily dwelling units, property line setbacks, open space, lot coverage, height limitations, and parking and utility requirements.
(Ord. 738, 2/12/2026)
§ 12.80.190 Lot and block arrangements.
In any residential land division, lots and blocks shall conform to the following standards in addition to the provisions of Chapter 12.40:
A.
Lot Arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reason of topography or other conditions, in securing building permits to build on all lots in compliance with the requirements of the Development Code, with the exception of lots designated for open space use.
B.
Lot Dimensions. The lot dimensions shall comply with the minimum standards of the Development Code. When lots are more than double the minimum area designated by the district, the Planning Commission shall require that such lots be arranged so as to allow further subdivision and the opening of future streets where it would be necessary to serve such potential lots.
C.
Double Frontage Lots and Access to Lots. Double frontage lots shall be avoided except where necessary to provide separation of residential developments from streets of collector and arterial street status, or to overcome specific disadvantages of topography and/or orientation. When driveway access from arterial is necessary for several adjoining lots, the Planning Commission shall require that such lots, are served by a combined access driveway in order to limit possible traffic hazards on such streets. The driveway should be designed and arranged so as to avoid requiring vehicles to back into traffic on arterials. An access control strip shall be placed along all lots abutting arterial streets requiring access onto the lesser class street where possible.
D.
Side Yards. As far as practical the side property lines of a lot shall run at right angles to the street upon which it faces, except that on a curved street the side property line shall be radial to the curve.
E.
Blocks. Blocks shall not exceed 1,200 feet in length without street separation and shall not exceed 800 feet without improved pedestrian way separation, except blocks adjacent to arterial streets, or unless previous adjacent layout or topographical conditions justify a variation. The recommended minimum distance between arterial street intersections is 1,800 feet.
F.
Cul-de-Sac Lots. In any residential district no more than five lots or units shall have access on a cul-de-sac bulb except that additional lots or units may be permitted where one additional off-street parking space is created for each unit which has access on a cul-de-sac bulb. The minimum frontage of a lot on a cul-de-sac shall be 25 feet as measured perpendicular to the radius.
G.
Flag Lots. Flag lots should be discouraged and allowed only when absolutely necessary to provide adequate access to buildable sites and only where the dedication and improvement of a public street cannot be provided. The minimum width for a flag lot is 22 feet, except where point access is shared by an access and maintenance agreement, in which case each lot shall have a minimum width of 12 feet and a combined minimum of 24 feet.
H.
Street Intersections. At all street intersections, an arc along the property lines shall be established so that construction of the street at maximum allowable width, centered in the right-of-way, shall require not less than a 20-foot radius of the curb line.
(Ord. 738, 2/12/2026)
§ 12.80.195 Parkland dedication or fee in lieu of dedication.
A.
Except as provided in subsection B, subdivision applications under this chapter shall include a dedication of parkland to the City equal to 7% of the gross land area of the subject property in accordance with Section 12.80.110 J.3. The location of parkland dedicated under this section shall be identified on the final plat for the subdivision in accordance with Section 12.80.150B.13.
B.
Pursuant to the factors set in subsection C, the City, in its sole discretion, may require a subdivision applicant to pay a fee equal in value to the fair market value of 7% of the gross land area of the subject property in lieu of the parkland dedication in subsection A, or it may require a combination of land acreage and fee. The City, in its sole discretion, may establish the fee under this subsection based on one of the following:
1.
The Marion County Assessor's current tax year fair market value of the subject property; or
2.
The purchase price of the subject property if the sale or transfer occurred within the last 24 months; or
3.
Appraisal of the land conducted within the 12 months prior to the date of application; or
4.
An equitable value agreed to by the City and the applicant.
C.
The City shall consider the following factors to determine whether to require a fee under subsection B in lieu of dedication:
1.
The topography, geology, access, parcel size, and location of land in the development available for dedication;
2.
Potential adverse or beneficial effects on environmentally sensitive areas;
3.
Compatibility with the City's Parks and Recreation Capital Facilities Plan, the City's Comprehensive Plan, and the City's Capital Improvement Program;
4.
The City's open space and park needs;
5.
The feasibility of dedication.
D.
A date within 60 days of the submission of the tentative plan shall be used to determine the value under subsection B, except that appraised value shall always be determined subsequent to the parcel's annexation to the City if the parcel is unannexed.
E.
If the City allows a fee in lieu of dedication under this section, the applicant shall pay the fee to the City prior to the City's approval of the final plat.
(Ord. 738, 2/12/2026)
§ 12.80.200 Definition.
An expedited land division is an action of the City as defined in Section 12.04.080.
(Ord. 738, 2/12/2026)
§ 12.80.210 Information submittal deadline.
The staff report to the Planning Commission shall be available at least seven days prior to the Planning Commission meeting.
(Ord. 738, 2/12/2026)
§ 12.80.230 Request of the applicant.
The expedited land division procedures and criteria described in this article shall only be applied to an application for land division upon the written request of an applicant made on a form provided by the City. The request to apply the expedited land division procedures described in this article must be accompanied by a fee which may be adopted by a resolution of the City Council. Where no request to apply the procedures described in this article has been made all applications for land division shall be processed using the procedures and criteria described in Article I above.
(Ord. 738, 2/12/2026)
§ 12.80.240 Expedited partition criteria.
An application to the City for an expedited partition shall describe the manner in which the proposed division complies with the definition (as stated in Section 12.04.080), meets the following criteria, and complies with the regulations as stated in Section 12.80.260:
A.
Is zoned for residential uses and is within an urban growth boundary, is solely for the purposes of residential uses, and is within an urban growth boundary;
B.
Does not provide for dwellings or accessory buildings to be located on land that is specifically mapped and designated in the Comprehensive Plan and land use regulations for full or partial protection of natural features under the statewide planning goals that protect open spaces, scenic and historic areas and natural resources;
C.
Satisfies minimum street or other right-of-way connectivity standards established by acknowledged land use regulations or, if such standards are not contained in the applicable regulations, as required by statewide planning goals or rules; and
D.
Creates enough lots or parcels to allow building residential units at 80% or more of the maximum net density permitted by the zoning designation of the site.
(Ord. 738, 2/12/2026)
§ 12.80.245 Expedited middle housing land division criteria.
An application to the City for expedited middle housing land division shall describe the manner in which the proposed division meets the following criteria and complies with any applicable regulations as stated in Section 12.80.260:
A.
The proposal is for development of middle housing in compliance with the Oregon residential specialty code and land use regulations applicable to the original lot or parcel allowed under ORS 197A.420;
B.
Separate utilities shall be provided for each dwelling unit.
C.
The division includes proposed easements necessary for each dwelling unit on the plan for:
1.
Locating, accessing, replacing and servicing all utilities;
2.
Pedestrian access from each dwelling unit to a private or public road;
3.
Any common use areas or shared building elements;
4.
Any dedicated driveways or parking; and
5.
Any dedicated common area.
D.
The division results in exactly one dwelling unit on each resulting lot or parcel, except for:
1.
Lots, parcels or tracts used as common areas;
2.
Lots with a single unit dwelling and ADU; or
3.
Lots with a single duplex.
E.
Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with applicable building codes provisions relating to new property lines and, notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon Residential Specialty Code.
(Ord. 738, 2/12/2026)
§ 12.80.250 Procedures.
When requested by an applicant for an expedited land division the application shall be reviewed following a Type I-C procedure.
(Ord. 738, 2/12/2026)
§ 12.80.260 Applicable regulations and scope of review.
The provisions of this article shall apply to all elements of the City's Comprehensive Plan and Development Code applicable to land divisions and any procedures designed to regulate:
A.
The physical characteristics of permitted uses;
B.
The dimensions of the lots or parcels to be created; and
C.
Transportation, sewer, water, drainage, and other facilities or services necessary for the proposed development, including, but not limited to, right-of-way standards, facility dimensions and on-site and off-site improvements.
(Ord. 738, 2/12/2026)
§ 12.80.310 Expedited middle housing land divisions conditions of approval.
The decision authority may place conditions of approval on a decision related to expedited middle housing land division only if those conditions ensure compliance with the approval criteria of Section 12.80.245 or include the following requirements:
A.
Street frontage improvements where a resulting lot or parcel abuts the street consistent with land use regulations implementing ORS 197A.420;
B.
The dedication of right-of-way if the original parcel did not previously provide a dedication; or
C.
That the lots resulting from a middle housing land division may not be further partitioned or subdivided provided that the lots or parcels created may be used to create housing which is at or above the minimum density allowed in the underlying zone.
(Ord. 738, 2/12/2026)
§ 12.80.320 Appeal.
A.
An appeal of a decision made under this article shall be made directly to the Land Use Board of Appeals.
B.
A decision may be appealed by the applicant;
C.
An appeal shall be based solely on allegations:
1.
Of violation of the substantive provision of the applicable land use regulations;
2.
Of unconstitutionality of the decision;
3.
That the application is not eligible for review under this article and should be reviewed as a land use decision or limited land use decision; or
4.
That the party's substantive rights have been substantially prejudiced by an error in procedure by the City.
(Ord. 738, 2/12/2026)