Myrtle Creek City Zoning Code

A choice in the types of environment, occupancy, tenure (e.g., cooperatives, individual ownership, condominiums, leasing, etc.), housing and accessory community facilities.

Useable open space and recreation areas.

Convenience in location of accessory commercial and service areas.

Preservation of natural topographical and geological features with emphasis on preservation of soil erosion, conservation of existing surface and subsurface water and preservation of major trees or other environmentally enhancing features.

Plan Check Fee. In addition to any other fees or charges that may be applicable to a planned development, a plan check fee established by the city of Myrtle Creek handbook of fees and charges shall be submitted with the preliminary plan.

Written Statement. A written statement shall be filed with the preliminary plan containing an explanation of:

Site Plan. Submit two sets of plans and accompanying documents containing the information described in MCMC § 18.185.140. All plot plans shall be drawn at a scale of one inch equals 50 feet or, for areas over 100 acres, one inch equals 100 feet, or as otherwise approved by the city engineer. The developer shall obtain a trained and experienced registered architect, landscape architect, surveyor and/or engineer to prepare plans for all planned developments to enable the most expeditious processing for such developments.

Landscaping Plan. The preliminary plan shall include a conceptual layout indicating the location of all required landscaping. The final plan shall provide a detailed landscaping plan indicating location and type of plant materials, location of irrigation system, and maintenance provisions.

Approved Plan. Upon final approval of the planned development, one print and one three-mil mylar of the approved plan or recorded plat, if applicable, shall be submitted to the city along with one copy of each of recorded deed restrictions, management agreements and other finalized documents.

Stage 1 - Use Permit. An application for a conditional use permit shall be filed in accordance with the procedures of Chapter 18.170 MCMC. Approval of the conditional use permit shall give tentative approval of the use of the proposed location for planned development purposes contingent upon submission of acceptable plans and final approval of the proposed development. The decision of the planning commission to approve or deny a conditional use permit is subject to appeal as set forth in Chapter 18.190 MCMC.

Stage 2 - Preliminary Approval.

Stage 3 - Final Approval. Within one year after approval of the preliminary plan, the applicant shall file a final plan for the entire development. If submission in phases has been authorized, the final plan will be approved in phases. The final plan shall be sufficiently detailed to indicate fully the ultimate appearance of the planned development. Copies of legal documents required for dedication or reservation of public facilities or for deed restrictions, management agreements, etc., shall also be submitted. Upon receipt of the final plan, the city administrator or the city administrator's designee shall examine such plans and documents to determine whether they substantially conform to the previously approved preliminary plan and the stipulations of the conditional use permit. If the city administrator or the city administrator's designee should require any changes, the administrator shall permit the applicant to revise the plan and/or documents and resubmit the final plan within 60 days. The decision of the city administrator shall be final subject to the procedures of subsection (4) of this section. Final approval, either for a phase or for the entire plan, shall be valid for a 12-month period. The city administrator or the city administrator's designee may extend approval for an additional one-year period, provided a written request from the applicant is submitted prior to the expiration date, stating the reason why an extension should be granted.

Filing of Plats. In the case of a planned development which involves a subdivision or condominium plat and upon the city administrator's or the city administrator's designee's determination that the final plan and supplementary documents conform to all requirements:

The minimum area for a planned development shall be 22 contiguous acres of land except as allowed by subsection (2) of this section.

A planned development may be for a tract of land that will accommodate six or more units if the planning commission finds, upon a showing by the landowner, that a planned development is in the public interest because one or more of the following conditions exist:

Setbacks. Minimum lot size, front, side and rear yards and lot width shall not be regulated specifically by the zoning district, but will be determined during the planned development process. Dimensional standards will be based on density, fire and life safety, access to sunlight, the relationship of buildings to each other, the street system and open space land.

Building Height. The maximum building height shall, in no event, exceed those building heights prescribed in the zone in which the planned development is proposed, except that a greater height may be approved if surrounding open space within the planned development, building setbacks, and other design features are used to avoid any adverse impact due to the greater height.

Accessory Uses. In addition to the accessory uses typical of the primary uses authorized, accessory uses approved as part of a planned development may include the following uses:

Creation of Common Property. No area may be accepted as common property within a planned development unless it meets the following requirements:

Conveyance of Common Property. Land shown on the final plan as common property shall be conveyed under one of the following options:

Permitted Uses. No common property may be put to a use not specified in the approved plan unless the approved plan is first amended to permit the use. However, no change of use may be considered as a waiver of any of the covenants limiting the use of common property and all rights to enforce these covenants against any use permitted are expressly reserved.

Enforcement of Provisions. If the common property is not conveyed to a public agency, the covenants governing the use, improvement and maintenance of the common property shall authorize the city to enforce their provisions.

Utilities. All utilities, including wires for service to light poles, shall be underground.

Private Streets. A private street may be permitted in a planned development if provisions are made to assure responsibility for future maintenance. Unless otherwise specifically authorized as part of a street plan, a private street shall comply with the same standards as a public street.

Street Signs. Each vehicular way in the planned development shall be named and marked with signs which have been approved by the city engineer. A map of the named vehicular ways shall be provided to the fire department.

Fire Protection. If a permanent structure in the planned development is more than 500 feet from a public fire hydrant, the planned development shall have water supply mains designed to serve fire hydrants, and hydrants shall be provided within 500 feet of each structure or as designated and approved by the city engineer. Each hydrant within the planned development shall be located in a vehicular way and shall conform in design and capacity to the public hydrants in the city of Myrtle Creek.

Certificate of Completion. The building official, in issuing a certificate of completion of the planned development, shall note the issuance on the approved plan.

Amendments/Redevelopment. After the certificate of completion has been issued, the use of the land and the construction or alteration of a building or a structure in the planned development shall be governed by the approved plan as follows: