A.

In 1973 the Oregon Legislature established the land conservation and development commission (LCDC) and empowered the commission to subsequently adopt statewide planning goals. This legislation required all Oregon cities and counties to adopt comprehensive plans and ordinances to comply with the statewide planning goals and to coordinate their plans with each affected local government or special district. In 1980 a long and extensive citizen involvement effort enabled the city of Lebanon to adopt a comprehensive plan in response to the 1973 state mandates. In order to implement this 1980 Comprehensive Plan, the city of Lebanon also developed and adopted both an ordinance regulating the use of land ¹ (the "Zoning Ordinance") and an ordinance providing for the subdivision and partitioning of land ² (the "Subdivision Ordinance"). All three of these documents were amended from time to time over the decades.

B.

By 1999 it was apparent that the community, the region, the state, and the nation, as well as the regulatory climate, had changed significantly from the 1970s. Accordingly, the city established a citizen advisory group — appointed by the mayor — to help guide a process to update the entire comprehensive plan. This committee's efforts had to be suspended in order for other essential master plans and documents to first be updated, such as the transportation system plan (TSP), and other land use regulations to implement the state's transportation planning rule (TPR). In 2003 both of these efforts were sufficiently advanced to warrant the formation of a new citizen-based comprehensive plan update steering committee (appointed by the mayor). This group completed its work in the autumn of 2004. The Lebanon city council adopted this new 2004 Comprehensive Plan on December 8, 2004.

C.

Early in 2005 the city initiated the background work to begin a follow up effort to update and combine the community's "zoning ordinance" and "subdivision ordinance" into a new Lebanon development code to implement the city of Lebanon 2004 Comprehensive Plan. A technical advisory group, also a citizen-based group appointed by the mayor, began assisting this update process on April 5, 2005. This document is the result of this group's hard work and dedication to the task.

(Ord. 2766 § 1 (part), 2008)

¹  Ordinance Bill No. 6 for 1980, Ordinance # 1773.

²  Ordinance Bill No. 7 for 1980, Ordinance # 1774.

A.

Adoption. This code is adopted pursuant to the authority found in the Oregon Constitution, Article XI, Section 2 ("Municipal Charters"); City of Lebanon Charter Chapter II, Section 4 ("Powers of the City"); and applicable provisions of the Oregon Revised Statutes.

B.

Repeal. As a result of the adoption of this development code pursuant to Ordinance #2766 of 2008, the following previous Ordinance Nos. 1772, 1773, 1774, 1776, 1788, 1834, 1867, 1869, 1873, 1910, 1951, 1972, 2017, 2020, 2021, 2024, 2025, 2027, 2028, 2030, 2040, 2060, 2069, 2074, 2075, 2092, 2135, 2136, 2137, 2205, 2206, 2207, 2219, 2250, 2251, 2394, 2726, 2741, are hereby repealed.

C.

Saving Clause. The repeal of any ordinance listed above in subsection B of this section shall not affect or prevent application of remedies or punishment of a person for an act done or committed prior to the adoption of Ordinance #2766 of 2008 and in violation of any ordinance repealed and listed in subsection B of this section.

D.

Revival. The repeal of any ordinance listed above in subsection B of this section, does not thereby revive any provision, ordinance, or section that was in effect prior to the adoption or amendment of such listed ordinances in subsection B of this section.

E.

Effective Date. The provisions of this code shall become effective thirty days after the adoption of the ordinance codified in this chapter.

(Ord. 2766 § 1 (part), 2008)

The ordinance codified in this chapter shall be known as the Lebanon Development Code, and may also be referred to as the code, the development code, or the LDC, throughout this title.

(Ord. 2766 § 1 (part), 2008)

The fundamental purposes of this code include:

A.

General. The general purpose of this code is to establish regulations, standards and procedures for the orderly development and redevelopment of land within the city of Lebanon, to assist in implementing the Lebanon comprehensive plan and the transportation system plan, to promote the public health, safety and general welfare, and to provide the economic and social advantages that result from an orderly, planned use of land resources. Such regulations, standards and procedures are designed to achieve the following objectives:

1.

To implement the city's comprehensive plan;

2.

To provide clarity for the processes of developing and redeveloping property so as to increase the degree of certainty applicants may expect from such processes;

3.

To maintain flexible processes to accommodate unique circumstances, situations and proposals;

4.

To maintain an open, public and accessible review process;

5.

To provide for desirable, appropriately located living areas in a variety of dwelling types and at a suitable range of population densities;

6.

To ensure that the development review process shall not result in the exclusion of needed housing at densities permitted by the underlying land use or development zone designations or result in unreasonable cost or delay;

7.

To protect residential, commercial, industrial and civic areas from the intrusions of incompatible uses;

8.

To provide opportunities for compatible uses to locate in proximity with one another to facilitate mutually beneficial relationships, more efficient operations and shared services;

9.

To ensure adequate opportunities for commercial, industrial, civic, facilities and services, and other activities necessary for a healthy economy;

10.

To promote safe and efficient movement of people and goods and to provide for adequate off-street parking;

11.

To establish consistent standards regarding development, thereby providing a basis for wise decisions with respect to such development;

12.

To promote the position of the city as a center of commerce, industry, recreation and culture;

13.

To facilitate cost effective and efficient extensions of public services;

14.

To promote development that facilitates and enhances the community's resiliency in preparing for and recovering from disaster and emergency situations.

B.

Conformity with the Comprehensive Plan. The land development regulations contained in this code are in accordance with the adopted comprehensive plan and are intended to ensure that development and redevelopment are of the proper type, design, and location and serviced by a proper range of public facilities and services; and in all other respects be consistent with the goals and policies of the city of Lebanon comprehensive plan.

C.

Conformity with the Transportation System Plan. The land development regulations contained in this code are in accordance with the adopted transportation system plan and are intended to ensure that development and redevelopment impacting transportation facilities are consistent with the goals and policies of the city of Lebanon transportation system plan.

D.

Conformity with State and Federal Law. All actions initiated under this code shall be consistent with all applicable State and Federal laws and regulations.

E.

Division of Land. Establishing standards and procedures for the division of land within the jurisdiction of the city of Lebanon. These regulations are necessary in order to: provide uniform procedures and standards for the division of land; provide for the proper width and arrangement of streets; coordinate proposed development with applicable city-wide and specific plans; provide for utilities and other public facilities; maximize efficiency of transportation infrastructure; provide opportunities for new creative land uses; optimize densities of development; permit densification when opportunities are manifest; assure adequate sanitation and water supply; provide for the protection, conservation, and proper use of land; protect solar access; and in general further protect the public health, safety and welfare of the community.

(Ord. 2766 § 1 (part), 2008)

The city of Lebanon recognizes its responsibilities to promote citizen participation under statewide planning goal 1. The city's citizen involvement program encourages effective communication between citizens and city officials, and is intended to assure that all citizens have an opportunity to be involved in all phases of the planning process. In order to fulfill this responsibility, the city has adopted a citizen involvement program as it regards decisions concerning the development of land in the community. For a more detailed discussion of the community's citizen involvement program, please see Chapter 1 of the City's 2004 Comprehensive Plan.

(Ord. 2766 § 1 (part), 2008)

A.

Range of Authority. This document is a comprehensive land use and development code that governs all of the land within the incorporated limits of the city of Lebanon as those boundaries may change from time to time. The thirty-two chapters of the Lebanon Development Code (LDC) are used together to review and evaluate land use applications.

B.

Development Code Organization and Summary. This code is divided into seven articles (or parts) and thirty-two chapters.

1.

Article 1: Introduction and Administration (Chapters 16.01—16.02).

a.

Chapter 16.01 — Introduction. This chapter provides an historical background for the development of this code, its adoption, effective date, and repeal of prior ordinances that this code replaces. This chapter also sets forth the purposes of the document and its organization.

b.

Chapter 16.02 — General Administration. This chapter describes the responsibilities of the city agencies, officers, and staff with land use development responsibilities, including city council, city manager, planning commission, and planning official. It also provides basic information on the legal framework of the code, and explains the city's authority to enforce the development code and its enforcement provisions.

2.

Article 2: Land Use (Chapters 16.03 — 16.11). Chapters 16.03 through 16.11 describe Lebanon's land use zones. Every parcel, lot, and tract of land within the city's incorporated boundary is also within a "land use zone." Land use zones are shown on the city's official zoning map. Land uses include residential, commercial, industrial, public and mixed uses. This portion of the development code identifies the land uses that are permitted within each zone, and the standards that apply to each type of land use (e.g., lot standards, setbacks, and use-specific development standards). As required by state law, the zones must conform to the city of Lebanon's 2004 Comprehensive Plan and Map designations for land use. The zones reserve land for planned land uses, provide compatibility between different uses, and implement planned housing densities. The zones as defined by the comprehensive plan map designations identify permissible land uses and corresponding service demands that were considered and taken into account during the formulation of the city's facility master plans (e.g., water, wastewater or sanitary sewer, drainage or stormwater, transportation, parks, and so on) and their routine updates. The facility master plans were developed to be able to serve a range of land development activities including those that represent the maximum demands on the facilities allowable by the comprehensive plan map and corresponding zoning map designations. This section of the code also includes the provisions of a number of "overlay zones" (OZ), such as the Airport OZ, Riparian OZ, Special Transportation OZs, and the Steep Slope Development OZ.

3.

Article 3: Community Development and Use Standards (Chapters 16.12 — 16.19). Chapters 16.12 through 16.19 address development standards required in association with new development, redevelopment, or intensification of existing development, including standards for transportation, access management and circulation, off-street parking, street trees and landscaping, public facilities, signage, lighting, solar access, and special requirements for certain specific use types. The development standards contained in this portion of the development code apply throughout the city. They are used in preparing development plans, and reviewing applications to ensure compliance with city standards including access and circulation, transportation improvements, off-street parking, landscaping, public facilities, signage, and wireless communication facilities.

4.

Article 4: Land Use and Development Reviews, Decision Requirements and Procedures (Chapters 16.20 — 16.28).

a.

Chapter 16.20 — Review and Decision-Making Procedures. This chapter explains the four types of review and decision-making procedures and processes utilized by this development code: (1) ministerial (nondiscretionary decision); (2) administrative (discretionary, decision); (3) quasi-judicial (discretionary decision with public hearing); and (4) legislative (decision by city council). This chapter contains administrative procedures and review criteria for land use actions that require applying at least some discretion in making a decision. Administrative decisions are made by staff without a public hearing but require notice be mailed to affected parties prior to a decision being made. In other cases, review and decisions are made by the planning commission, or city council after conducting at least one public hearing. These procedures also require prior notice to affected parties.

b.

Chapters 16.21 through 16.28 provide all of the application requirements and procedures for obtaining land use and development approvals required by this code. This includes conditional uses, land divisions (subdivisions, partitions), property line adjustments, and plat vacations, planned development reviews, modifications to approved plans and conditions of approval, code interpretations, annexations, comprehensive plan map/zoning map, and urban growth boundary amendments, and comprehensive plan and development code text amendments.

5.

Article 5: Exceptions to Code Standards (Chapters 16.29 — 16.30). Chapters 16.29 through 16.30 provide standards and procedures for variances and nonconforming situations (i.e., existing uses or development that do not comply with the code), and lots of record. Given the city's varied geography, and the complexities of land development, flexibility is required in the application of standards. This portion of the development code provides that flexibility, while maintaining the purposes and intent of the overall code.

6.

Article 6/Chapter 16.31: Historic Preservation Standards and Requirements. This chapter establishes the planning commission as the city's official historic landmark commission, sets forth its powers and duties, continues the authority of the Lebanon historic register, provides criteria for decisions regarding the inventorying, listing of historic resources, as well as proposed alterations and demolitions of historic resources, sets forth enforcement provisions and penalties, and lays the groundwork for the advisory and cooperative role of unofficial historic advocacy groups and interested citizens.

7.

Article 7/Chapter 16.32: Glossary. This chapter contains definitions of words that are not in common usage or have a specific meaning to the code.

(Ord. 2766 § 1 (part), 2008)

A.

Compliance with the Provisions in the Development Code. Land and structures may only be used or developed by construction, reconstruction, alteration, occupancy, use or otherwise, as identified in this development code, or any amendment thereto.

1.

No plat shall be recorded or no building permit shall be issued without compliance with the provisions of this code.

2.

No land development standard existing on or after the effective date of this code shall be reduced below the minimum required for it by this code, unless allowed a waiver or variance is allowed according to provisions of this code.

B.

Site Specific Compliance Obligations Over Time. The requirements of this code and specifically identified conditions of land use approval shall apply to a site for the duration of a land use activity permitted under the provisions of this code, and shall not vary with any subsequent amendments of this code.

C.

Most Restrictive Regulations Apply. Where this code imposes greater restrictions than those imposed or required by other rules or regulations, the most restrictive or that imposing the higher standard shall govern.

D.

Variances. Variances shall be governed by the provisions of Chapter 16.29.

E.

Consistency with Plan and Laws. Each development and use application and other procedure initiated under this code shall be consistent with the city's adopted comprehensive plan as implemented by this code, adopted master plans, and with applicable local, state and federal laws and regulations. All provisions of this code shall be construed in conformity with the adopted comprehensive plan.

F.

Use of a Development. A development shall be used only for a lawful use. A lawful use of a development is one that is permitted by this code (including nonconforming uses), and is not prohibited by law.

G.

Pre-Existing Development and Approvals.

1.

Pre-Existing Development. Nothing contained in this development code shall require any change in the plans, construction, alteration, or designated use of a structure that has been lawfully approved under the provisions and standards that were in effect prior to adoption of this development code.

2.

Legality of Pre-Existing Approvals. Developments, including subdivisions, projects requiring development review and/or site design review, or other development applications for which approvals were granted prior to the effective date of this code, may continue pursuant to such approvals; except that a modification to a pre-existing approval shall comply with Chapter 16.24 — Modifications to Approved Plans and Conditions of Approval.

3.

Subsequent Development Applications. All development proposals received by the city after the adoption of this code shall be subject to review for conformance with the standards under this code or as otherwise provided by state law.

H.

Building Permit and Certificate of Occupancy.

1.

Building Permit. A building permit shall not be issued until the planning official or designee has issued a determination indicating land use application approval has occurred in accordance with the provisions of this code and other required reviews, or otherwise found that such a review is not required.

2.

Certificate of Occupancy Required. In those cases in which a building permit is required, to ensure completion of a structure or use in the manner approved, a structure shall not be occupied and a use shall not begin until the building official has issued a certificate of occupancy and/or a final building permit following completion of the work in substantial conformance to the applicable land use and building permits, including other mandatory requirements such as those of the engineering division and fire district standards and conditions.

3.

Temporary and/or Partial Occupancy Permit. Prior to the final completion of all work, a certificate of occupancy may be issued by the building official at his/her discretion for a portion or all of the structure conditioned upon further work being completed by a date certain.

I.

Official Action and Non-Violation Provisions.

1.

Official Action and Code Compliance. All officials, departments, employees and agents of the city vested with authority to issue permits or grant approvals shall adhere to and require conformance with this code and shall not issue a permit or grant approval for any development or use which violates or fails to comply with conditions or standards imposed to carry out this code, or if that approval would result in violation of any other city ordinance.

2.

Violations of City Codes and Non-Acceptance of Applications. The planning official shall not accept an application when it is known that approval of the application would cause violation of any city ordinance.

3.

Incomplete or Erroneous Information. Any land use submittal based on incomplete or erroneous information shall be deemed incomplete ¹ , and may warrant the submittal of additional information as determined by the planning official.

4.

Notice. The failure of any person to receive mailed notice or failure to post a notice shall not invalidate any actions pursuant to this code, provided a good faith effort was made to notify all parties entitled to notice. The city shall keep a record of its efforts to notify all parties entitled to notice.

J.

Authority to Impose Conditions of Approval. In order to assure compliance with the provisions of this code and other applicable law, the planning official and hearing bodies of the city have the authority to impose conditions of approval governing any final decision allowing development in the city.

(Ord. 2766 § 1 (part), 2008)

¹  State law requires that the city make a determination of incompleteness within thirty days of the filing of an application.

A.

The City Council.

1.

Authority and Responsibility. The state has delegated to the city council responsibility for adopting land use plans and regulations. The city has adopted this code pursuant to its responsibilities to secure the health, safety, and welfare of its citizens and also pursuant to its home rule authority. The city council has created a planning commission for the purpose of implementing such plans and controls. In addition, the state has authorized the council to act upon applications for development or to delegate its authority to act upon such applications.

2.

Powers and Duties Related to Land Use Decision-Making. The city council has the following powers and duties in addition to any others it may now have, be given, or confer upon itself. The city council:

a.

May adopt, amend, supplement, or repeal plans and policies for development in the community;

b.

May adopt, amend, supplement, or repeal the text of any provisions or regulations of this code or the boundaries of land use zones established on the official land use or zoning map;

c.

Shall review decisions of the planning commission upon appeal;

d.

May expand the city limits through the annexation of territory that qualifies for inclusion in the city;

e.

May undertake any other legally required action for the management of the city, including code enforcement.

3.

Staffing. In all land use matters under the authority of this code, the city council shall be staffed by the city manager and/or their designee(s), and the heads of city departments and divisions, including the planning official.

B.

The Planning Commission. The planning commission shall be appointed in accordance with the planning commission's enabling ordinance (Administrative Section of the Lebanon Municipal Code). The commission shall have the powers and duties provided therein and provided by this code.

C.

Planning Official.

1.

Powers and Duties. As empowered by the terms of this code, the planning official shall have the power and duty to enforce the provisions of this code. The planning official provides professional planning assistance to the citizens, city council, planning commission, and city manager and is authorized to interpret provisions of this code and to perform such other duties in the administration of the Lebanon development code as are required herein. Such powers and duties may be accomplished by person(s) as designated by the planning official.

2.

Authorization of Similar Uses. The planning official may permit in a particular zone a use not listed in this code, provided the use is of the same general type as the uses permitted there by this code. However, this section does not authorize the inclusion in a zone where it is not listed, of a use specifically listed in another zone. The decision of the planning official may be appealed to the planning commission using procedures as spelled out in Chapter 16.20 of this code.

D.

Conflict of Interest. A member of the hearing authority (planning commission or city council) shall not participate in any proceedings or action in which the member has an actual conflict of interest defined in state law that would otherwise bar their participation in a decision. Any ex parte declaration or actual or potential conflict of interest shall be disclosed at the initiation of all land use hearings.

E.

Participation by Interested Officers or Employees. An officer or employee of the city who has a financial interest in a land use decision shall not participate in discussions with or give an official opinion to the hearing body without first declaring for the record the nature and extent of such interest.

(Ord. 2766 § 1 (part), 2008)

A.

Rules of Construction. This code shall be considered flexible in order to achieve its purposes. Unless otherwise specifically prescribed in this code, the following provisions shall govern its interpretation and construction:

1.

When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.

2.

Unless otherwise specified in this code, any action authorized or required to be taken by the city may be taken by the council or by an official or agent designated by the council.

B.

Severability. The provisions of this code are severable. If any section, sentence, clause, or phrase of this code is adjudged by a court of competent jurisdiction to be incomplete, the decision shall not affect the validity of the remaining portions of this code.

C.

Descriptive Headings. The paragraph captions and headings in this code are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this code.

D.

Savings Clause. Lebanon City Ordinance 1773, as amended, which is repealed by the ordinance adopting this code, shall remain in force to authorize the arrest, prosecution, conviction, and punishment of a person who violates Lebanon City Ordinance 1773, as amended, prior to the effective date of this code.

E.

Revival. The repeal of Lebanon City Ordinance 1773, as amended, does not thereby revive any provision, ordinance, or section that was in effect prior to the adoption or amendment of Lebanon City Ordinance 1773 as amended. This repeal does not affect any punishment, penalty, or fine incurred before the repeal took place or any prosecution or proceeding commenced or pending prior to the adoption of this code.

F.

Nondiscrimination. The city shall not discriminate on the basis of race, religion, national origin, age, color, gender, sexual orientation, physical disability, or socio-economic status in the administration or enforcement of this code.

G.

The Official Land Use Zoning Map.

1.

Boundaries of Land Use Zones. Boundaries of land use zones established by this code are shown on the official zoning map on file in the community development office. The official zoning map and all amendments and other matters entered on the official zoning map are a part of this code and have the same legal effect as if fully set out herein.

2.

Zone Boundaries. Unless otherwise specified, zone boundaries are section lines, subdivision lines, lot lines, center lines of street or railroad right-of-way or such lines extended except where a boundary line clearly divides a lot, then the boundary line shall be determined by use of the scale designated on the zoning map. Where a boundary line divides a lot, the boundary line shall be considered as the lot line for purposes of determining area and setback requirements for each zone.

3.

Amendments. Amendments to the official zoning map shall be adopted as provided in Chapter 16.27, (Zoning Map Amendments) of this code. After adoption of an amendment, the planning official shall alter the official zoning map to indicate the amendment.

4.

Zoning and Annexations.

a.

All areas annexed to the city shall be placed in a zoning classification in accordance with the adopted comprehensive plan, as provided in Chapter 16.26, (Annexations) of this code.

b.

Annexations involve the first application of city zoning to property that already has a city comprehensive plan map designation, but has never had a city zoning map designation.

5.

New Zoning and the Comprehensive Plan. All new zoning actions (e.g., re-zoning) shall be consistent with the city of Lebanon's adopted comprehensive plan map. (See Chapter 16.27 of this code.)

H.

Development Review Process. The city has two types of development or redevelopment activities: outright permitted uses and other approved uses.

1.

Outright Permitted Uses. Development activities that are permitted outright, are subject to compliance with the development criteria and standards of this code. These uses require staff review (e.g., of the site plan) upon application for a building permit and are subject to zoning standards and other development provisions of the code and applicable city ordinances and requirements. Examples of outright permitted uses include, but are not limited to, single-family dwellings in all residential zones: residential low density (Z-RL), residential mixed density (Z-RM) and the residential high density (Z-RH) zone.

2.

Other Approved Uses. Other uses may be approved through such processes as: (a) ministerial reviews; (b) administrative review procedures, (c) conditional use review, and (d) planned development review. Examples of these uses include, but are not limited to, the following: a bed and breakfast in a residential zone would require a ministerial review; a medical or dental clinic in the central business commercial zone (Z-CCM) would require an administrative review; an auto repair shop would require a conditional use hearing in a highway commercial zone (Z-HCC); a twenty-five or more acre commercial development in a highway commercial zone (Z-HCC) would require a planned development hearing; and, a large subdivision in the residential mixed density (Z-RM) zone would require a subdivision development process and hearing. Some of these procedures or reviews require public hearings and all require notice.

3.

Development Review Guides. The city, from time to time, may produce pamphlets, brochures and other publications for the public that illustrate and explain the various review processes.

(Ord. 2766 § 1 (part), 2008)

(Ord. No. 3016, § 2(Exh. A), 12-13-2023)

A.

Responsible Officers. The Lebanon development code shall be administered and enforced by the city's planning official.

B.

Building Permit. A building permit shall not be issued by the building official for any authorized development unless the proposed development complies with the provisions of this development code (including any established conditions of approval), and the required land use development permit was issued.

C.

Certificate of Occupancy. A certificate of occupancy shall not be issued by the building official for any development unless all requirements of this code have been met (including any established conditions of approval), or until the applicant has provided some written form of assurance consistent with provisions in this development code guaranteeing the completion of all requirements.

D.

Stop Work Order. Whenever any work is being done contrary to the provisions of this development code, including any established conditions of approval, the city may order the work stopped by notice in writing served on any persons engaged in the work, and any such persons shall immediately stop such work until authorized by the city to continue. The decision to issue or rescind a stop work order shall be made by the city's planning official in conjunction with the building official.

E.

Violations.

1.

Use of land in the city of Lebanon not in accordance with the provisions of this development code, including any conditions of approval established as part of a land use decision, constitutes a violation. Any person, firm or corporation, who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of the code, conditions of approval, or who resists the enforcement of such provisions, shall be subject to civil penalties as proscribed by the Lebanon Municipal Code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

2.

Upon receiving information concerning a violation of this code, the city's planning official may conduct, or cause to be conducted, an investigation to determine whether a violation exists. The planning official may request the assistance of other city agencies and officers in the conduct of such investigations.

(Ord. 2766 § 1 (part), 2008)