Myrtle Creek City Zoning Code
CHAPTER 18
150 SITE REVIEW PROCEDURES AND STANDARDS
§ 18.150.010 Site review procedure.
No structure shall be erected, constructed, reconstructed, extended or moved and no land or building shall be occupied or used in whole or in part for any use whatsoever until the owner, tenants, contract purchaser, or authorized agent thereof has received verification that the building or use complies with all zoning requirements.
At the time of the erection of any new commercial, industrial, or public/semi-public building, or any new multifamily residential development of three dwelling units or more, or at the time of substantial improvement of more than 50 percent of the gross floor area or more than 3,000 square feet of increased parking area, whichever is greater, of any existing building, a site review shall be conducted. All applications and accompanying site plans shall be reviewed by the city administrator or the city administrator's designee and, when applicable, by the planning commission. To approve such application for development, it shall be determined that the proposed development maintains or improves the character, integrity, and harmonious development of the general area and provides a safe, stable, efficient and attractive on-site environment consistent with the intent of this title and the comprehensive plan. The criteria set forth in MCMC § 18.150.020 and the applicable standards and procedures contained in this chapter shall be utilized in making such determination. Such site review requests shall be reviewed and processed in accordance with the procedures detailed in Chapters 18.185, 18.190 and 18.195 MCMC. After the site plan is formally approved, a "certificate of plan check" shall be issued.
(Ord. 508 § 5.01.0, 1982)
§ 18.150.020 Site review criteria.
The site review shall be conducted in accordance with the criteria set forth herein. All applications and accompanying site plans shall be reviewed by the city administrator or the city administrator's designee and, when applicable, by the planning commission. Any development proposal which deviates from the established criteria shall be referred to the planning commission for determination. The planning commission or the city administrator shall have the power to impose any or all of the supplemental conditions set forth in MCMC § 18.150.030 in making their determination.
(1)
Identify areas of potential natural hazards where area protection requirements shall be imposed and which shall include, but are not limited to, the following:
(a)
Areas of mass movement and areas of greater than 25 percent slope shall require a written site investigation report (MCMC § 18.150.040) prior to any excavation or change in topography.
(b)
Areas of potential flooding hazards where the floodplain site criteria of the flood hazard area (SD/FHA) shall apply.
(c)
Areas of lesser hazard where the imposition of supplemental conditions may be appropriate.
(2)
Establish compliance with the use and dimensional standards of the district regulations of Chapters 18.25 through 18.70 MCMC and the supplemental regulations of Chapters 18.75 through 18.90 MCMC, including accessory use provisions and the provisions for off-street parking and loading.
(3)
Establish compliance with the functional standards for public improvements contained in this title.
(4)
Establish compliance with the protection standards for natural features contained in this title.
(5)
Determine adequate sizing of water and sewer pipelines so as to meet the anticipated growth demands and fire protection requirements.
(6)
Establish driveway and street grade limitations and traffic visibility on adjoining streets.
(7)
Establish compliance with the applicable design standards and improvement requirements for a special district or use.
(8)
Establish the adequacy of the grading and drainage plan for the collection and transmission of storm and ground water in order that the drainage from the proposed development will not adversely affect adjoining properties or public rights-of-way.
(9)
Consider the effects of slope alteration (cut and fill) on erosion and runoff for surrounding properties and impose restrictions when appropriate.
(10)
Determine that the privacy of nearby residents will not be substantially reduced nor will significant views from nearby properties be obstructed.
(11)
Establish where the retention of existing vegetation and natural topographic features will be beneficial as a soil stabilizer or is of scenic significance and impose restrictions where appropriate.
(12)
Consider the visual impact of the proposed development and the compatibility of the architectural features of the proposed structure(s) and impose restrictions, where appropriate, in order for the development to be harmonious with the character of the surrounding neighborhood or with the community as a whole.
(13)
Identify any areas of historic significance where the imposition of protection requirements may be appropriate.
(Ord. 508 § 5.01.1, 1982)
§ 18.150.030 Supplemental conditions.
When the imposition of supplemental standards or conditions is authorized by the various provisions of this title, any of the following conditions may be attached to the approval of an application for development in order to avoid detrimental impacts or to protect the best interest of the surrounding properties or the community as a whole; however, any conditions attached shall not be used (1) to intentionally exclude needed housing types, (2) to unnecessarily decrease allowed densities, or (3) to have the effect of discouraging needed housing through unreasonable cost or delay. It is recognized that not all of the following may be applicable to a particular proposal:
(1)
Limit the time a certain activity may take place, and/or require restraints to minimize such environmental effects as noise, air pollution emissions, odor, vibration, dust, glare, heat, fire hazards, wastes, traffic generation and visual impact.
(2)
Limit, or otherwise designate, the number, size, location, height and lighting of signs.
(3)
Limit the location and intensity of outdoor lighting and require its shielding.
(4)
Limit the height of a building or other structure or the location of mechanical roof facilities to protect view, privacy or access to sunlight of neighboring properties.
(5)
Require sidewalks to be installed.
(6)
Require diking, berming, screening, landscaping, or other facility to protect adjacent or nearby property and designate standards for its installation and maintenance.
(7)
Establish a special yard or other open space or lot area or dimensions to serve as a buffer yard.
(8)
Designate the size, height and materials for the fence.
(9)
Impose measures to ensure protection, preservation or enhancement of existing trees over 12 inches caliper, riparian vegetation, water resource, wildlife habitat or other significant natural resource, including requiring a revegetation program where appropriate.
(10)
Designate the size, location, screening, drainage, surfacing or other improvement of a parking area or truck loading area.
(11)
Designate the size, number, location and nature of vehicle access points including requiring the combining of accesses into commercial and industrial development.
(12)
Prohibit direct residential access onto arterials and collectors.
(13)
Increase the amount of street dedication or roadway widths or specify improvements within the street right-of-way in accordance with the standards contained in MCMC § 18.155.020.
(14)
Require the planned development approach for just cause based on significant topographic features or open space needs.
(15)
Establish the suitability of a site plan, grading and drainage plan, or other plan by having it prepared and certified by an appropriate licensed professional.
(16)
Require a site investigation report as described in MCMC § 18.150.040 for just cause based on site hazards in situations not otherwise regulated.
(17)
Require performance bonds, deed restrictions, and deed dedications to be posted or filed prior to issuance of a building permit.
(18)
Specify other conditions where necessary to permit the development in conformity with the intent and purpose of this title and to avoid detrimental environmental impacts.
(Ord. 508 § 5.01.2, 1982)
§ 18.150.040 Site investigation report.
A site investigation report shall be submitted as part of the site review process when the proposed development involves identified mass movement hazard areas or areas of greater than 25 percent slope. Also, the planning commission may require a site investigation report to be submitted for development in other areas of potential natural hazards based on the recommendation of the city engineer for just cause. The site investigation report provides information on the site of development and adjacent land that is likely to be affected by the proposed development. Unless the city engineer determines that certain specifications are not required, the report shall include the information described in subsections (1) through (6) of this section, together with appropriate identification of information sources, the date of information, the methods used in the investigation and approximate man hours spent on the site.
(1)
Qualifications to Conduct a Site Investigation Report. The site investigation report shall be prepared by an engineering geologist or an engineer who certifies he is qualified to evaluate soils for stability or a person or team of persons qualified by experience and training to assemble and analyze physical conditions in flood or slope hazard areas. The person or team shall be employed by the applicant but shall be subject to approval as to qualifications by the city administrator.
(2)
Background Data in Report. The site investigation report shall contain the following information:
(a)
A general analysis of the local and regional topography and geology including the faults, folds, geologic and engineering geologic units and any soil, rock and structural details important to engineering or geologic interpretations.
(b)
A history of problems on and adjacent to the site, which may be derived from discussions with local residents and officials and the study of old photographs, reports and newspaper files.
(c)
The extent of the surface soil formation and its relationship to the vegetation of the site, the activity of the land form and the location of the site.
(d)
Ground photographs of the site with information showing the scale and date of the photographs and their relationship to the topographic map and profiles. The photographs will include a view of the general area, the site of the proposed development and unusual natural features which are important to the interpretation of the hazard potential of the site, including all sites of erosion or accretion.
(3)
Topography Map. A topographic base map (one to 100 scale) with a contour interval of two feet (or as is otherwise recommended by the city engineer) may be required identifying the following features and accompanied by references to the sources and date of information used:
(a)
The position of the lot line.
(b)
The boundaries of the property.
(c)
Open areas and the boundaries and species identification of major plant communities.
(d)
Any springs, streams, marshy areas or standing bodies of water.
(e)
Areas subject to flooding, including those shown on the flood hazard maps prepared under the HUD National Flood Insurance Program.
(f)
Cut terraces, erosion scarps and areas exhibiting significant erosion due to improper drainage and runoff concentration.
(g)
Geological information, including lithologic and structural details important to engineering and geologic interpretation.
(4)
Subsurface Analysis. If, upon initial investigation, it appears there are critical areas where the establishment of geologic conditions at depth is required, a subsurface analysis obtained by drill holes, well logs and other geophysical techniques will be conducted by the person responsible for the site investigation report and will include the following data as appropriate:
(a)
The lithology and compaction of all subsurface horizons to bedrock.
(b)
The depth, width, slope and bearing of all horizons containing significant amounts of silt and clay and any other subsurface layers.
(c)
Underlying areas of buried vegetation.
(5)
Development Proposal. The site investigation report may include the following information on the proposed development as applicable. The information will be shown on the topography map as described in subsection (3) of this section or appropriately referenced.
(a)
Plans and profiles showing the position and height of each structure, paved area and area where cut and fill is required for the construction.
(b)
The percent and location of the surface of the site which will be covered by impermeable or semi-permeable surfaces.
(c)
A description of proposed measures which will protect critical biological habitats from any adverse impacts of the development.
(d)
A revegetation program designed to return the land to a stable condition as soon as possible following construction and the period of time during which revegetated areas will receive revegetation maintenance.
(e)
The time of commencement of revegetation planting. If this does not fall within the optimal revegetation period of November through April, special care of the plantings will be provided for until they are well established.
(6)
Conclusions. The site investigation report is to include specific conclusions. The report and its conclusions are a technical determination made by a qualified person; however, because of the potential complexity of many of the issues, the conclusions need not be accepted by the planning commission unless satisfied that all ordinance requirements and development standards are met. The conclusions will be based on data in the report and the sources of information and facts will be specifically referenced. The following conclusions should be stated:
(a)
Whether the intended use of the land is or is not compatible with the conditions.
(b)
Any existing or potential hazards noted during the investigation.
(c)
The manner for achieving compliance with this title and other requirements.
(d)
Mitigating recommendations for specific areas of concern and the degree to which they mitigate the concerns.
(Ord. 508 § 5.02.0, 1982)
