A.

The purpose of this chapter is:

1.

To implement the comprehensive plan;

2.

To provide rules, regulations and standards governing the approval of plats of subdivisions;

3.

To carry out the development pattern and plan of the city;

4.

To promote the public health, safety and general welfare;

5.

To lessen congestion in the streets, and secure safety from fire, flood, pollution and other dangers;

6.

To provide adequate light and air, prevent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage and drainage; and

7.

To encourage the conservation of energy resources.

(Ord. 96-4 § 1 (part), 1996)

A.

An application for a subdivision shall be processed through a two-step process: the preliminary plat and the final plat.

1.

The preliminary plat shall be approved by the planning commission before the final plat can be submitted for approval consideration; and

2.

The final plat shall reflect all conditions of approval of the preliminary plat.

B.

All subdivision proposals shall be in conformity with all state regulations set forth in ORS Chapter 92, Subdivisions and Partitions.

C.

When subdividing tracts into large lots, the planning commission shall require that the lots be of such size and shape as to facilitate future redivision in accordance with the requirements of the zoning district and this title.

D.

All subdivision proposals shall be consistent with the need to minimize flood damage.

E.

Where land form alteration and/or development are allowed within and adjacent to the one hundred-year floodplain outside the zero-foot rise floodway, the planning commission shall require the designation of open land area as provided in Chapter 16.140. This area shall include portions at a suitable elevation for the construction of a pedestrian walkway within the floodplain to connect to the city's trail system.

F.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

G.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

H.

Where base flood elevation has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty lots or five acres (whichever is less).

(Ord. 96-4 § 1 (part), 1996)

A.

Preliminary plat applications shall be administered and reviewed as a planning commission review in accordance with Article II of this title.

B.

Final plat applications shall be administered and reviewed as an administrative decision in accordance with Article II of this title.

(Ord. 96-4 § 1 (part), 1996)

A.

The planning commission may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat.

B.

The following criteria for approving a phased site development review proposal shall be:

1.

The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy;

2.

The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. (For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable city or district standard); and

3.

The phased development shall not result in requiring the city or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat.

C.

The application for phased development approval shall be heard concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat.

(Ord. 96-4 § 1 (part), 1996)

A.

In addition to the forms and information required in Section 16.44.030, the following information shall be submitted:

1.

The preliminary plat map and required data or narrative (number to be determined at the preapplication conference);

2.

The preliminary plat map and data or narrative shall include the following:

a.

The name and address and telephone number of the following:

i.

The owner(s) of the subject parcel,

ii.

The owner(s)' authorized agent, and

iii.

The land surveyor and engineer;

3.

Sheet size for the preliminary plat shall preferably not exceed eighteen inches by twenty-four inches;

4.

The scale shall be an engineering scale, and limited to one phase per sheet;

5.

The proposed name of the subdivision shall comply with ORS Chapter 92 and shall not duplicate or resemble the name of any other subdivision in the County, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name or unless the applicant files and records the consent of the party that platted the subdivision bearing that name;

6.

Vicinity map showing the general location of the subject property in relationship to arterial and collector streets;

7.

The date of application;

8.

The boundary lines of the tract to be subdivided;

9.

The names of adjacent subdivisions or the names of recorded owners of adjoining parcels of unsubdivided land;

10.

Contour lines related to a city established benchmark at two-foot intervals for grades zero to ten percent and five-foot intervals for grades over ten percent;

11.

The purpose, location, type and size of all the following (within and adjacent to the proposed subdivision) existing and proposed:

a.

Public and private rights-of-way and easements,

b.

Public and private sanitary and storm sewer lines, domestic water mains including fire hydrants, gas mains, major power (fifty thousand volts or better), telephone transmission lines, cable television lines, and watercourses, and

c.

Deed reservations for parks, open spaces, pathways and any other land encumbrances;

12.

Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated and plans of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants;

13.

Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision;

14.

Scaled cross sections of proposed street rights-of-way;

15.

The location of all areas subject to inundation or storm water overflow, and the location, width and direction of flow of all watercourses and drainageways;

16.

The proposed lot configurations, approximate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots. Each lot shall abut upon a public street;

17.

The location of all trees having a six inch caliper or greater measured at four feet above ground level, and the location of proposed tree plantings, if any;

18.

The existing use of the property, including location of all structures and present use of the structures, and a statement of which structures are to remain after platting;

19.

Supplemental information including proposed deed restrictions, if any, proof of property ownership, and a proposed plan for provision of subdivision improvements; and

20.

Existing natural features including rock outcroppings, wetlands and marsh areas.

21.

The north arrow.

C.

If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application.

D.

The manager may require information in addition to that required by the chapter when it is found that certain information is necessary to properly evaluate the application.

E.

The manager may waive a specific requirement for information when it is found that such information is not necessary to properly evaluate the application.

(Ord. 96-4 § 1 (part), 1996)

A.

The planning commission may approve, approve with conditions or deny a preliminary plat based on the following approval criteria:

1.

The proposed preliminary plat and the neighborhood circulation plan (Section 16.212.040) comply with the applicable provisions of this title;

2.

The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92;

3.

The proposed streets and accessways are designed in accordance with Chapter 16.212;

4.

Parks shall be conveniently located so as to provide direct public access and availability from a public street;

5.

Parks shall be bordered by at least one public street for a sufficient distance to encourage public use and provide visual access.

B.

The planning commission may attach such conditions as are necessary to carry out the provisions of this title and may require:

1.

Reserve strips be granted to the city for the purpose of controlling access to adjoining undeveloped properties.

(Ord. O-02-4 § 2 (part), 2002; Ord. 96-4 § 1 (part), 1996)

Unless otherwise provided in Section 16.196.030, the applicant shall submit:

A.

A final plat and five copies to the manager within one year which complies with the approved preliminary plat; and

B.

The required fee as found in the city's schedule of fees and penalties.

(Ord. 96-4 § 1 (part), 1996)

The manager and the city's consulting engineer shall review the final plat and shall approve or deny the final plat approval based on findings that:

A.

The final plat complies with the plat approved by the planning commission and all conditions of approval have been satisfied;

B.

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;

C.

The streets and roads held for private use and indicated on the tentative plan of such subdivision have been approved by the city;

D.

The plat contains a donation to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal and water supply systems;

E.

An explanation is included which explains all of the common improvements required as conditions of approval and are in recordable form and have been recorded and referenced on the plat;

F.

The plat complies with the applicable zoning ordinance and other applicable ordinances and regulations;

G.

A certification by the Tigard water district that water will be available to the lot line of each and every lot depicted on the proposed plat;

H.

A certificate has been provided by the unified sewerage agency supplier that a sewage disposal system must be available to the lot line of each and every lot depicted in the proposed plat;

I.

Copies of signed deeds have been submitted granting the city a reserve strip as provided by Section 16.196.060;

K.

The final plat has been made upon materials that is suitable for binding and copying purposes that has characteristics of strength and permanency and that complies with the recording requirements of Washington County;

L.

The lettering of the approvals, dedication and affidavit of the surveyor is of such a size and type, and the plat is at such a scale, as will be clearly legible, but no part shall come nearer any edge of the sheet than three inches;

M.

If there is more than one sheet, a face sheet and index has been provided; and

N.

The plat contains a surveyor's 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 Chapter 92 and indicating the initial point of the survey, and giving the dimensions and kind of such monument, and its reference to some corner established by the U.S. Geological Survey or giving two or more objects for identifying its location.

(Ord. 96-4 § 1 (part), 1996)

A.

Centerline Monumentation.

1.

The centerlines of all street and roadway rights-of-way shall be monumented before city acceptance of street improvements; and

2.

The following centerline monuments shall be set:

a.

All centerline-centerline intersection points,

b.

All cul-de-sac center points, and

c.

Curve points, beginning and ending points (point of curvature (P.C.) and point of tangency (P.T).

B.

Monument Boxes Required.

1.

Monument boxes conforming to city standards will be required around all centerline intersection points and cul-de-sac center points; and

2.

The tops of all monument boxes must be set to finished pavement grade.

(Ord. 96-4 § 1 (part), 1996)

A.

Before city approval is certified on the final plat, and before approved construction plans are issued by the city, the subdivider shall:

1.

Execute and file an agreement with the manager specifying the period within which all required improvements and repairs shall be completed; and

2.

Include in the agreement provisions that if such work is not completed within the period specified, the city may complete the work and recover the full cost and expenses from the subdivider.

B.

The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. All improvements shall comply with Chapter 16.196 of this code.

(Ord. 96-4 § 1 (part), 1996)

A.

As required by Section 16.196.100, the subdivider shall file with the agreement an assurance of performance 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 surety 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.

B.

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

C.

The subdivider shall furnish to the city's consulting engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the city's consulting engineer in calculating the amount of the performance assurance.

D.

In the event the subdivider 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.

E.

The subdivider shall not cause terminating of nor allow expiration of said guarantee without having first secured written authorization from the city.

(Ord. 96-4 § 1 (part), 1996)

A.

Within sixty days of the city review and approval, the applicant shall submit the final plat to the county for signatures of county officials as required by ORS Chapter 92.

B.

Upon final recording with the county, the applicant shall submit to the city a Mylar copy of the recorded final plat.

(Ord. 96-4 § 1 (part), 1996)

A.

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 Chapter 92.

B.

No plat shall be recorded until it is approved by the county surveyor in the manner provided by ORS Chapter 92.

(Ord. 96-4 § 1 (part), 1996)

A.

Any plat or portion thereof may be vacated by the owner of the platted area at any time prior to the sale of any lot within the platted subdivision.

B.

All applications for a plat or street vacation shall be made in accordance with Sections 16.196.030 and 16.196.050, and Section 16.196.070.

C.

The application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys.

D.

All approved plat vacations shall be recorded in accordance with Section 16.196.120:

1.

Once recorded, the vacation shall operate to eliminate the force and effect of the plat prior to vacation; and

2.

The vacation shall also divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described on the plat.

E.

When lots have been sold, the plat may be vacated in the manner herein provided by all of the owners of lots within the platted area.

(Ord. 96-4 § 1 (part), 1996)

All street vacations shall comply with the procedures and standards set forth in ORS Chapter 271.

(Ord. 96-4 § 1 (part), 1996)

The purpose of this chapter is to provide rules, regulations and standards governing approval of major and minor land partitions and lot line adjustments.

(Ord. 96-4 § 1 (part), 1996)

A.

A major land partition approval is required when a division of land creates three lots or less within one calendar year and a public street or road.

B.

A minor land partition approval is required when three lots or less are created without the creation of a public street or road, within one calendar year.

C.

A lot line adjustment approval is required for any adjustment to a property line which does not create an additional lot of record nor make the existing lots in violation of the base zone minimum lot requirements.

(Ord. 96-4 § 1 (part), 1996)

A.

Major and minor partition applications shall be administered and reviewed as a city manager review in accordance with Article II, Procedures, of this title.

B.

Lot line adjustment applications shall be administered and reviewed as a city manager decision in accordance with Article II of this title.

C.

Final major and minor partition and lot line adjustment applications shall be reviewed as an administrative decision in accordance with Article II of this title.

D.

Any application for a major or minor land partition or lot line adjustment shall be in conformity with all state regulations set forth in ORS Chapter 92, Subdivision and Partitions.

E.

When partitioning tracts into large lots, staff shall require that the lots be of such size and shape to facilitate the future repartitioning of such lot in accordance with the requirements of the zoning district and this title.

(Ord. 96-4 § 1 (part), 1996)

(Ord. No. O-98-01, § 4, 10-7-1998; Ord. No. O-2015-01, § 1(Exh. A), 3-18-2015)

A.

In addition to the form and information required in Section 16.44.030, the following information shall be submitted:

1.

Copies of the preliminary partition map or lot line adjustment map (number of copies determined at preapplication conference) and necessary data or narrative;

2.

The preliminary partition map and necessary data or narrative shall include the following:

a.

The name and address of the following:

i.

The owner(s) of the subject parcel,

ii.

The owner(s)' authorized agent, and

iii.

The land surveyor and engineer;

3.

The map scale, north arrow and date;

4.

Sufficient description to define the location and boundaries of the proposed area to be partitioned or adjusted;

5.

The scale shall be an engineering scale;

6.

The location, width, and names of streets or other public ways and easements within and adjacent to the proposed partition;

7.

Other important features to include:

a.

The location of all permanent buildings on and within twenty-five feet of all property lines,

b.

The location and width of all water courses,

c.

Any identified wetlands,

d.

Any trees having a six inch caliper or greater at four feet above ground level,

e.

All slopes greater than fifteen percent, and

f.

The location of existing utilities and utility easements.

8.

In the case of a major land partition, the applicant shall include the proposed right-of-way location and width, and a scaled cross section of the proposed street (to include any reserve strip);

9.

Any deed restrictions that apply to the existing lot; and

10.

Where it is evident that the subject parcel can be further partitioned, the applicant must show that the land partition must not preclude the efficient division of land in the future.

B.

The sketch plan shall be as accurate as possible to ensure proper review by affected city agencies.

C.

Following the review of the land partition by the applicable agencies, the applicant will be advised of the status of the proposal and of any additional information which shall be required prior to the filing of a final land partition survey and shall be notified of conditions to be attached to final land partition approval.

D.

The review of the preliminary land partition does not guarantee the applicant that the final application for a land partition will be approved nor that additional information or revisions must not be required by the city.

(Ord. 96-4 § 1 (part), 1996)

A request to partition land shall meet all of the following criteria:

A.

The proposed partition complies with all statutory requirements and provisions of this title;

B.

Adequate public facilities are available to serve the proposal;

C.

All proposed lots conform to the size and dimensional requirements of this title; and

D.

The proposed streets and accessways are designed in accordance with Chapter 16.212; and

E.

All proposed improvements meet city and applicable agency standards.

(Ord. O-02-4 § 2 (part), 2002; Ord. 96-4 § 1 (part), 1996)

A.

Lot Width. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district.

B.

Lot Area. The lot area shall be as required by the applicable zoning district.

C.

Lot Frontage. Each lot created through the partition process shall front a public right-of-way by at least forty feet.

D.

Setbacks. Setbacks shall be as required by the applicable zoning district.

(Ord. 96-4 § 1 (part), 1996)

A.

The manager shall approve or deny a request for a lot line adjustment in writing based on findings that the criteria stated are satisfied as follows:

1.

An additional lot is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the approved zoning for that district;

2.

By reducing the lot size, the lot or structures on the lot will not be in violation of the site development or zoning district regulations for that district; and

3.

If the applicant disagrees with the decision of the manager, an appeal may be filed in accordance with Article II.

(Ord. 96-4 § 1 (part), 1996)

A.

All final applications for major and minor land partitions or lot line adjustments shall be made on forms provided by the staff and shall be accompanied by copies of the partition map prepared by a land surveyor or engineer licensed to practice in Oregon, and necessary data or narrative (number to be determined at the preapplication conference).

B.

The partition map or lot line adjustment map and data or narrative shall include the following:

1.

Sheet sizes for the final partition map shall be drawn on paper that is eight and one-half inches by eleven inches, eleven inches by seventeen inches or eighteen inches by twenty-four inches in size (if eighteen inches by twenty-four inches, then one copy must be on reducible paper);

2.

The scale of the map shall be an engineering scale;

3.

The name and address of the following:

a.

The owner(s) of the subject parcel,

b.

The owner(s)' authorized agent, and

c.

The land surveyor and engineer;

4.

The assessor's map and lot number and a copy of the deed, sales contract or document containing a legal description of the land to be partitioned;

5.

The map scale, north arrow and date;

6.

Dimensions and legal descriptions of the parent parcel and all proposed parcels;

7.

Boundary lines and names of adjacent partitions and subdivisions, and tract lines abutting the site;

8.

The locations, width and names of streets or other public ways and easements within and adjacent to the proposed partition;

9.

Other important features to include:

a.

The location of all permanent buildings on and within twenty-five feet of all property lines,

b.

The location and width of all water courses,

c.

Location of any identified wetlands,

d.

Any trees having a six-inch caliper or greater at four feet above ground level,

e.

All slopes greater than fifteen percent, and

f.

The location of existing utilities and utility easements;

10.

In the case of a major land partition, the applicant shall include the proposed right-of-way location and width, and a scaled cross section of the proposed street (to include any reserve strip);

11.

Any deed restrictions that apply to the existing lot; and

12.

Where it is evident that the subject parcel can be further partitioned, the applicant must show that the land partitioned must not preclude the efficient division of land in the future.

(Ord. 96-4 § 1 (part), 1996)

The city council shall, upon creation by partition, accept any proposed right-of-way dedication prior to recording a land partition.

(Ord. 96-4 § 1 (part), 1996)

A.

Centerline-Monumentation for All Major Partitions.

1.

The centerlines of all street and roadway rights-of-way shall be monumented before city acceptance of street improvements; and

2.

The following centerline monuments shall be set:

a.

All centerline-centerline intersection points,

b.

All cul-de-sac center points, and

c.

Curve points, beginning and ending points (point of curvature [P.C.] and point of tangency [P.T.]).

B.

Monument Boxes Required.

1.

Monument boxes conforming to city standards shall be required around all centerline intersection points and cul-de-sac center points; and

2.

The tops of all monument boxes shall be set to finished pavement grade.

(Ord. 96-4 § 1 (part), 1996)

A.

Upon the planning commission's approval of the proposed partition or lot line adjustment and the council's acceptance of any dedicated land to the city, the applicant shall record the partition or lot line adjustment with Washington County and submit the recordation numbers to the city to be incorporated into the record.

B.

The applicant shall submit a recorded reproducible copy of the final survey to the city within fifteen days of recording, or notify the city recorder of the county survey number.

(Ord. 96-4 § 1 (part), 1996)

The solar design standard in Section 16.204.030 shall apply to applications for a development to create lots in the SF and R-9 zones and for single-family detached dwellings in any zone, except to the extent the approval authority finds that the applicant has shown one or more of the conditions listed in Sections 16.204.030 and 16.204.040 exist, and exemptions or adjustments provided for therein are warranted.

(Ord. 96-4 § 1 (part), 1996)

At least eighty percent of the lots in a development subject to this ordinance shall comply with one or more of the options in this section; provided, a development may, but is not required to, use the options in subsections (B) or (C) of this section to comply with this section.

A.

Basic Requirement (see Figure 9). A lot complies with this section if it:

1.

Has a north-south dimension of ninety feet or more; and

2.

Has a front lot line that is oriented within thirty degrees of a true east-west axis.

B.

Protected Solar Building Line Option (see Figure 10). In the alternative, a lot complies with this section if a solar building line is used to protect solar access as follows:

1.

A protected solar building line is designated on the plat or in documents recorded with the plat; and

2.

The protected solar building line is oriented within thirty degrees of a true east-west axis; and

3.

There is at least seventy feet between the protected solar building line and the middle of the north-south dimension of the lot to the south, measured along a line perpendicular to the protected solar building line; and

4.

There is at least forty-five feet between the protected solar building line and the northern edge of the buildable area of the lot, or habitable structures are situated so that at least eighty percent of their south-facing wall will not be shaded by structures or non-exempt vegetation.

C.

Performance Option. In the alternative, a lot complies with this section if:

1.

Habitable structures built on that lot must have their long axis oriented within thirty degrees of a true east-west axis, and at least eighty percent of their ground floor south wall will be protected from shade by structures and non-exempt trees using appropriate deed restrictions; or

2.

Habitable structures built on that lot will orient at least thirty-two percent of their glazing and at least five hundred square feet of their roof area to faces within thirty degrees east or west of true south, and that glazing and roof areas are protected from shade by structures and non-exempt trees using appropriate deed restrictions.

(Ord. 96-4 § 1 (part), 1996)

A development is exempt from Section 16.204.030 if the planning commission finds the applicant has shown that one or more of the following conditions apply to the site. A development is partially exempt from Section 16.204.030 to the extent the planning commission finds the applicant has shown that one or more of the following conditions apply to a corresponding portion of the site. If a partial exemption is granted for a given development, the remainder of the development shall comply with Section 16.204.030.

(Ord. 96-4 § 1 (part), 1996)

A.

Slopes. The site, or a portion of the site for which the exemption is sought, is sloped twenty percent or more in a direction greater than forty-five degrees east or west of true south, based on a topographic survey by a licensed professional land surveyor or USGS or other officially recognized topographic information.

B.

Off-site shade. The site, or a portion of the site for which the exemption is sought, is within the shadow pattern of off-site features, such as, but not limited to, structures, topography, or non-exempt vegetation, which will remain after development occurs on the site from which the shade is originating.

1.

Shade from an existing or approved off-site dwelling in a single-family residential zone and from topographic features is assumed to remain after development of the site.

2.

Shade from an off-site structure in a zone other than a single-family residential zone is assumed to be the shadow pattern of the existing or approved development thereon or the shadow pattern that would result from the largest structure allowed at the closest setback on adjoining land, whether or not that structure now exists.

3.

Shade from off-site vegetation is assumed to remain after development of the site if: the trees that cause it are situated in a required setback; or they are part of a developed area, public park, or legally reserved open space; or they are in or separated from the developable remainder of a parcel by an undevelopable area or feature; or they are part of landscaping required pursuant to this title.

4.

Shade from other off-site sources is assumed to be shade that exists or that will be cast by development for which applicable local permits have been approved on the date a complete application for the development is filed.

C.

On-site Shade. The site, or a portion of the site for which the exemption is requested, is:

1.

Within the shadow pattern of on-site features such as, but not limited to structures and topography which will remain after the development occurs; or

2.

Contains non-exempt trees at least thirty feet tall and more than six inches in diameter measured four feet above the ground which have a crown cover over at least eighty percent of the site, or the relevant portion. The applicant can show such crown cover exists using a scaled survey or an aerial photograph. If granted, the exemption shall be approved subject to the condition that the applicant preserved at least fifty percent of the crown cover that causes the shade that warrants the exemption. The applicant shall file a note on the plat or other documents in the office of the county recorder binding the applicant to comply with this requirement. The city shall be made a party to any covenant or restriction created to enforce any provision of this ordinance. The covenant or restriction shall not be amended without written city approval.

D.

Completion of Phased Subdivision. The site is part of a phased subdivision none of which was subject to the provisions of this chapter, and the site and the remainder of the unplatted portion of the phased subdivision contain no more than twenty percent of the lots in all phases of the subdivision.

E.

Small Lot Size. The proposed lot for a single-family residence is less than or equal to four thousand square feet or less than eight thousand square feet for a duplex lot.

(Ord. O-02-4 § 2 (part), 2002; Ord. 96-4 § 1 (part), 1996)

The planning commission shall reduce the percentage of lots that must comply with Section 16.204.030 to the minimum extent necessary if it finds the applicant has shown it would cause or is subject to one or more of the following conditions.

A.

Adverse impacts on density and cost or amenities.

1.

If the design standard in Section 16.204.030(A) is applied, either the resulting density is less than that proposed, or on-site development costs (e.g., grading, water, storm drainage and sanitary systems, and road) and solar related off-site development costs are at least five percent more per lot than if the standard is not applied. The following conditions, among others, could constrain the design of a development in such a way that compliance with Section 16.204.030(A) would reduce density or increase per lot costs in this manner. The applicant shall show which if any of these or other similar site characteristics apply in an application for a development.

a.

The portion of the site for which the adjustment is sought has a natural grade that is sloped ten percent or more and is oriented greater than forty-five degrees east or west of true south based on a topographic survey of the site by a professional land surveyor or USGS or other officially recognized topographic information.

b.

There is a significant natural feature on the site, identified as such in the comprehensive plan or development ordinance, that prevents given streets or lots from being oriented for solar access, and it must exist after the site is developed.

c.

Existing road patterns must be continued through the site or must terminate on-site to comply with applicable road standards or public road plans in a way that prevents given streets or lots in the development from being oriented for solar access.

d.

An existing public easement or right-of-way prevents given streets or lots in the development from being oriented for solar access.

2.

If the design standard in Section 16.204.030(A) applies to a given lot or lots, significant development amenities that would otherwise benefit the lot(s) will be lost or impaired. Evidence that a significant diminution in the market value of the lot(s) would result from having the lot(s) comply with Section 16.204.030(A) is relevant to whether a significant development amenity is lost or impaired.

B.

Impacts of existing shade. The shadow pattern from non-exempt trees cover over at least eighty percent of the lot and at least fifty percent of the shadow pattern must remain after development of the lot. The applicant can show the shadow pattern using a scaled survey of non-exempt trees on the site or using an aerial photograph.

1.

Shade from non-exempt trees is assumed to remain if: the trees are situated in a required setback; or they are part of an existing or proposed park, open space, or recreational amenity; or they are separated from the developable remainder of their parcel by an undevelopable area or feature; or they are part of landscaping required pursuant to local law; and they do not need to be removed for a driveway or other development.

2.

Also, to the extent the shade is caused by on-site trees or off-site trees on land owned by the applicant, it is assumed to remain if the applicant files in the office of the county recorder a covenant binding the applicant to retain the trees causing the shade on the affected lots.

(Ord. 96-4 § 1 (part), 1996)

Structures and non-exempt vegetation must comply with the solar balance point provisions in Chapter 16.116 on all lots in a development subject to the solar access ordinance for new development, including lots for which exemptions or adjustments to the solar access ordinance for new development have been granted.

The applicant shall file a note on the plat or other documents in the office of the county recorder binding the applicant and subsequent purchasers to comply with the future shade protection standards in Section 16.204.050. The city shall be made a party of any covenant or restriction created to enforce any provision of this title. The covenant or restriction shall not be amended without written city approval.

(Ord. 96-4 § 1 (part), 1996)

An application for approval of a development subject to this title shall include:

A.

Maps and text sufficient to show the development complies with the solar design standard of Section 16.204.030, except for lots for which an exemption or adjustment from Section 16.204.030 is requested, including at least:

1.

The north-south lot dimension and front lot line orientation of each proposed lot;

2.

Protected solar building lines and relevant building site restrictions, if applicable;

3.

For the purpose of identifying trees exempt from Section 16.204.050, a map showing existing trees at least thirty feet tall and over six inches diameter at a point four feet above grade, indicating their height, diameter and species, and stating that they are to be retained and are exempt;

4.

Copies of all private restrictions relating to solar access.

B.

If an exemption or adjustment to Section 16.204.030 is requested, maps and text sufficient to show that given lots or areas in the development comply with the standards for such an exemption or adjustment in Section 16.204.040 or 16.204.050, respectively.

(Ord. 96-4 § 1 (part), 1996)

Compliance with Chapter 16.204 shall be determined by the approval authority in conjunction with an application for a major or minor partition (Chapter 16.200) or subdivision (Chapter 16.196).

(Ord. 96-4 § 1 (part), 1996)